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HomeMy WebLinkAboutC13-191 Ewing Trucking Construction AgreementCONSTRUCTION AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND EWING TRUCKING AND CONSTRUCTION, LLC FOR EAGLE COUNTY COLORADO RIVER RANCH BOAT RAMP AND SITE IMPROVEMENTS THIS AGREEMENT (this "Agreement") is made this & day of Tr ,4 2013, by and between Eagle County, (hereinafter "County" or "Owner "), and Ewing Trucking and Construction, LLC, a company organized and existing by virtue of the laws of the State of Colorado ( "Contractor "). RECITALS WHEREAS, County desires to make certain site improvements to the open space property owned by Eagle County, known as the Colorado River Ranch (the "Property"), located along the Colorado River located on County Road 301, Colorado River Road including, but not limited to, construction of the access road, paving, and construction of a parking area and boat ramps (the "Project"); and WHEREAS, Contractor is authorized to do business in the State of Colorado, has experience and expertise necessary to perform said renovation and construction services for County; and WHEREAS, Contractor understands and acknowledges that the Project is for the construction of boat ramp and site improvements at the Property and that Contractor's work under this Agreement will be subject to the specifications, terms and requirements contained in the General Conditions for Construction Services, attached hereto as Exhibit A and incorporated herein; and WHEREAS, County and Contractor intend by this Agreement to set forth the scope of the responsibilities of Contractor in connection with the Project and related terms and conditions to govern the relationship between Contractor and County in connection with this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the following promises, County and Contractor agree as follows: ARTICLE 1— WORK 1.1 Contractor shall use licensed, skilled and competent laborers to complete all Work as specified or indicated in the Contract Documents. The "Work" is generally described as providing all labor, tools, materials and services for the demolition and construction of the site improvements for the Project in accordance with Eagle County Open Space Colorado River Ranch Boat Ramp and Site Improvements Drawings and Project Specifications issued by River Restoration, Sheets G1, Cl, C2, C3, C4 ,C5,C6,C7,Dl,D2,D3,D4,D5,D6,D7, all of which are dated June 6, 2013, including any Addendum thereto which may from time to time be issued, which are collectively attached hereto and incorporated herein as Exhibit B. As a component of the 0 /3>-/,�/ Work, Contractor will be required to protect all construction areas from the public to prevent interference with the Work to be provided hereunder. The Work may also be referred to herein as the "Construction Services." ARTICLE 2 -EAGLE COUNTY'S REPRESENTATIVE 2.1 The Project is under the authority of the Eagle County Project Management Department, the Manager of which, or his designee, shall be County's Project Manager with Contractor with respect to the performance of the Work (hereinafter "Project Manager "). 2.2 The Eagle County Project Manager shall be authorized to sign change orders increasing the scope of work and associated compensation within the budget constraints set for the Project. Change orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. ARTICLE 3 — CONTRACT TRUE 3.1 This Agreement shall commence upon execution of this Agreement by both parties and, subject to the provisions of Article 11 hereof, shall continue in full force and effect until the Work has been completed. 3.2 The Eagle County Project Manager will issue a Notice to Proceed for the Work. Contractor will commence Work with the applicable component of the Project within seven (7) days of the County's issuance of a Notice to Proceed for the Work. Once a Notice to Proceed has been issued, Contractor will complete the Work in a diligent and expeditious manner and shall achieve Substantial Completion of the Project on or before September 6, 2013, or forty (40) calendar days of the date field construction has commenced, whichever is earlier. Final completion of the Work in accordance with paragraphs 19 and 20 (including subparts) of the General Conditions shall be achieved by Contractor within nine (9) calendar days after Substantial Completion. 3.3 Contractor shall employ all such additional labor services and supervision, including such extra shifts and overtime, as may be necessary to maintain progress in accordance with the project schedule and achieve Substantial Completion within the Contract Time, all without an increase in the Unit Prices. Should it appear to Owner at any time that Contractor is in danger of failing to meet Substantial Completion, Contractor shall cause its employees, subcontractors and all other parties covered by the Contract Documents to perform and work at hours and on days, in addition to the normal working hours and working days, whatever overtime work or shift work is necessary to meet Substantial Completion with no adjustment to the Unit Prices or the Base Proposal Price. 3.4 Before a Notice to Proceed can be issued, County shall obtain a building permit from the Eagle County Building Department. 2 ARTICLE 4 — BASIS FOR PAYMENT 4.1 Upon and subject to the provisions and conditions of Sections 4.3, 4.4 and 4.5 hereof, the County shall pay Contractor, for Contractor's performance of the Work under the Contract Documents, the total amount of Two Hundred Thirty Five Thousand Eight Hundred, Eighty Two Dollars and 15 Cents ($235,882.15) (the "Base Proposal Price "). Contractor shall not be entitled to overtime or other costs and Contractor acknowledges that the compensation for the Work hereunder shall not exceed the amount set forth in this paragraph without a signed amendment to this Agreement. 4.2 The Base Proposal Price (which is based upon unit prices) includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. 4.3 The Base Proposal Price, as set forth above, was calculated by the parties based upon the unit prices set forth in Contractor's Proposal Form, attached hereto as Exhibit C (collectively the "Unit Prices "). 4.4 The quantities set forth in the Contractor's Proposal Form, attached hereto as Exhibit C are based on good faith estimates initially agreed to by the County and Contractor. The County and Contractor both acknowledge and agree that the actual quantity of each described item (which collectively constitute all of the Work) may differ as the Work is performed and completed and that if the actual quantity of an item so described is determined (as provided in Section 4.5 below) to be different from that so stated in Exhibit C, then the County and Contractor shall agree to and execute a Change Order indicating such change and the resultant adjustment in the Base Proposal Price. 4.5 The quantity of each item actually incorporated into the Work shall be recalculated as applicable, at any time and from time to time, but in any case upon Substantial Completion of the Work. In the event Contractor believes the quantity of a unit actually incorporated into the Work is different from that so stated in Exhibit C, Contractor is responsible for providing evidence of such difference, by survey or other verifiable method with supporting records, to the County for review. Based on such review, the County shall make a determination, in its sole discretion, as to the quantity of each item actually incorporated into the Work. 4.6 Contractor acknowledges that the County is a tax exempt entity. ARTICLE 5 - CHANGES IN THE WORK 5.1 The County, without invalidating the Contract Documents, may order changes in the Work consisting of additions, deletions or other revisions of the Work, with the Base Proposal Price and(or) the Contract Time being adjusted accordingly (individually a "Change" and collectively "Changes "). All such Changes in the Work shall be authorized by a written change order executed by the County (each a "Change Order "), and shall be performed pursuant to the Contract Documents. Failure of Contractor to obtain a Change Order prior to performing the. Work shall result in non - payment for such Work. Any such Change may result in a change in the quantities set forth in the Contractor's Proposal Form, attached as Exhibit C; however, the cost of such Change shall be calculated in accordance with the Unit Prices. 5.2 Within ten (10) days of receipt of an order for Change(s) from the County, Contractor shall prepare and submit to the County, a detailed breakdown (with all supporting documentation) sufficient to enable the County to determine the effect on the Base Proposal Price, if any, and the effect on the Contract Time, if any, of a proposed Change. Such breakdown and documentation shall reflect all labor, services and materials altered, added, omitted or changed by the proposed Change(s), with the detailed breakdowns, estimates and verification of prices by Contractor and each applicable subcontractor (but with no change in the Unit Prices). Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead and profit. 5.3 Upon issuance of a Change Order by the County, Contractor and its subcontractors will perform the Change(s) in the Work incorporated by the Change Order. 5.4 If there is a disagreement regarding the amount of adjustments to the Base Proposal Price and (or) Contract Time in a Change Order, the Base Proposal Price (subject to the provisions and conditions of Section 5.5 below) and the Contract Time shall be adjusted unilaterally by the County by the amounts ' shown in the Change Order executed by the County. As to any adjustments to the Base Proposal Price set forth in said Change Order, the same shall be calculated as set forth in Sections 4.3, 4.4 and 4.5 hereof (without any change in each stated Unit Prices). 5.5 The amount of any adjustments to the Base Proposal Price resulting from a Change Order approved by the County shall be determined by the County based upon each stated Unit Price as set forth in the Contractor's Proposal Form, attached hereto as Exhibit C. 5.6 Notwithstanding and pending resolution of any dispute regarding any adjustment in the Base Proposal Price or Contract Time with respect to a Change, Contractor shall promptly proceed with Work required by any Change Order issued by the County. 5.7 When a Change Order request requires immediate commencement of Work described in the Change Order, as specifically set forth in a written direction from the County, then Contractor shall submit a rough cost estimate within seven (7) days of commencing such Work. 5.8 If, while performing the Work, Contractor encounters latent and (or) concealed subsurface conditions at the Project site that (i) materially and adversely impact the Work and (ii) differ materially from those conditions indicated or reasonably inferable from the Contract Documents ( "Adverse Conditions "), then Contractor shall give the County prompt notice before such conditions are disturbed and in no event later than seven (7) days after first observance of such conditions. The County or a professional retained by the County shall promptly investigate such Adverse Conditions and advise the County and Contractor whether, in its opinion, the 4 conditions at the Project constitute Adverse Conditions. If the County and Contractor agree upon the extent, if any, to which the Adverse Conditions result in a change to the date for achieving Substantial Completion, then the parties will execute an appropriate Change Order. Change Orders relating to adjustments in the Base Proposal Price as a result of Adverse Conditions shall be made as provided in Sections 4.3, 4.4 and 4.5 hereof, with no adjustment in the amount of the individual Unit Prices. Notwithstanding the foregoing, no adjustment in the date for achieving Substantial Completion shall be allowed to the extent that Contractor knew of such Adverse Condition(s) prior to the date of this Agreement. ARTICLE 6 — PAYMENT PROCEDURES 6.1 PROGRESS PAYMENTS: Based upon monthly Applications for Payment submitted in accordance with paragraph 18 of the General Conditions, the County shall make monthly progress payments on account of the Base Proposal Price and as provided in the Contract Documents. Applications for payment will be processed by the Project Manager as provided in the General Conditions. All progress payments will be on the basis of the progress of the Work. The County shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. 6.2 The period covered by each Application for Payment shall be one calendar month beginning on the first of each month and ending on the last day of the month. 6.3 Each Application for Payment shall be based upon the Unit Prices and Base Proposal Price and otherwise in accordance with the Contract Documents. Each Application of Payment shall show actual quantities incorporated into the Project for each portion of the Work as of the end of the period covered by such Application for Payment. The application shall also include a summary of all current changes to the Agreement through approved Change Orders and the cost impact for these changes. 6.4 Prior to Completion, progress payments will be in an amount equal to 95% of the Work completed. The withheld percentage of the Base Proposal Price shall be retained until the Agreement is completed satisfactorily and finally accepted by the County. 6.5 In taking action on Contractor's Applications for Payment, the County shall be entitled to rely on the accuracy and completeness of the information furnished by Contractor and shall not be deemed to represent that: (i) the County has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) the County has made exhaustive or continuous on -site inspections of the Work; or (iii) the County has made examinations to ascertain how or for what purposes Contractor has used amounts previously paid on account of the Base Proposal Price. 6.6 FINAL PAYMENT: Except as provided in section 6.7 of this Agreement, within sixty (60) days of completion and acceptance of the Work by County in accordance with the General Conditions, County shall pay the remainder of the Base Proposal Price as recommended by Project Manager as provided in paragraphs 19 and 20 (including sub -parts) of the General 61, Conditions. The final payment shall not be made until after final settlement of this Agreement 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 Eagle County Board of County Commissioners has held a public hearing, thereupon and complied with C.R.S. § 38 -26 -107, as amended. Final payment shall be made in accordance with the requirements of aforesaid statute. 6.7 County may withhold from any payments due to Contractor, to such extent as may be necessary to protect the County from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Scope of Work in accordance with this Agreement. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS In order to induce County to enter into this Agreement, Contractor makes the following representations: 7.1 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 may, in any manner, affect cost, progress, or performance of the Work. 7.2 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 Project Manager in the preparation of the drawings and specifications as shown in Exhibit B. 7.3 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 herein as it deems necessary for the performance of the Work at the Base Proposal 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. 7.4 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.5 Contractor has given Project Manager written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Project Manager is acceptable to Contractor. 7.6 Contractor shall perform the Work in strict accordance with the Contract Documents. Contractor shall not be relieved of any obligations set forth in the Contract Documents either by activities or duties of the County, any subcontractor or any consultant(s), or by tests, inspections or approvals required or performed by persons other than Contractor. 7.7 Contractor shall maintain and deliver to the County upon request a daily job report of work performed, notable events and incidents, weather conditions, subcontractors' performance, any deficiencies (and the corrective actions taken), delays, and other information that the County may reasonably request. 7.8 Contractor shall at all times maintain a full -time management and supervisory staff of competent persons at the Project site to coordinate and provide general direction of the Work and progress of subcontractors on the Project. 7.9 Contractor agrees that only competent and skilled workmen who satisfactorily perform their duties shall be employed on the Project and Contractor shall ensure that there are an adequate and competent supply of skilled workmen and materials as necessary to carry out the Work on a continuous basis. ARTICLE 8 — CONTRACT DOCUMENTS 8.1 The Contract Documents which comprise the entire Agreement, made a part hereof, and consist of the following: A. This Agreement. B. General Conditions, attached hereto as Exhibit A and incorporated herein. C. Contractor's Proposal Form dated June 25, 2013, attached hereto as Exhibit C and incorporated herein. D. Eagle County Open Space Colorado River Ranch Boat Ramp and Site Improvements Drawings and Specifications issued by River Restoration Sheets dated June 6, 2013 as updated on June 14, 2013, including any Addendum that may be issued thereafter, which are collectively attached hereto and incorporated herein as Exhibit B. E. Proof of Insurance, attached here to as Exhibit D. 8.2 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 written Change Order or Modification (as defined in the General Conditions). 8.3 The intent of the Contract Documents is to include all items, components and services necessary for the proper execution and completion of all the Work outlined in paragraph 1.1 of this Agreement. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Words and abbreviations which have well known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. The Contract Documents are listed in order of priority. If a conflict exists in the terms of any of the Contract Documents, then conflicts or discrepancies shall be resolved in the following descending order of priority: (i) Change Orders or amendments to this Agreement; (ii) this Agreement; (iii) the General Conditions; and (iv) Drawings and 7 Specifications, with Drawings governing Specifications for quantity and location and Specifications governing Drawings for quality and performance. ARTICLE 9 - JURISDICTION AND VENUE 9.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. ARTICLE 10 - INDEMNIFICATION 10.1 The Contractor shall, to the fullest extent permitted by law, indemnify and hold harmless County and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor hereunder or any subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts, any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder; and Contractor shall reimburse County for any and all legal and other expenses including attorney fees incurred by County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the County to the extent that the County is solely liable to such third party for such claim. This Article shall survive termination of this Agreement. ARTICLE 11 -TER UNATION 11.1 County may terminate this Agreement, in whole or in part, for any reason, at any time, with or without cause. Any such termination shall be effected by delivery to Contractor of a written notice of termination specifying the date upon which termination becomes effective. In the event of such termination, and concurrently with the receipt by the County of satisfactory lien releases from Contractor, its subcontractors of every tier and suppliers of every tier, the County shall pay as the sole amount due to Contractor in connection with the Project that portion of the Base Proposal Price due for Work performed to the date of termination, plus any reasonable restocking and(or) cancellation charges that could not be avoided and the cost of fabricating special materials that were ordered prior to the County's termination notice, less any sums already received by Contractor. In no event shall the County be responsible for Contractor's lost profits, overhead or consequential damages. In addition, upon termination, Contractor shall deliver all materials supplied by Contractor or by County. Final payment, subject to the requirements of Article 5 of this Agreement, will be due within thirty (30) days after Contractor has delivered the last of the materials due to the County. ARTICLE 12 - DOCUMENTS 12.1 All documents (including electronic files) which are obtained during or wholly or partially prepared in the performance of the Work shall remain the property of the County and are to be delivered to County before final payment is made to Contractor or upon earlier termination of this Agreement. 12.2 Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents, and all such accounting and control systems shall be satisfactory to the County. The County and the County's accountants shall be afforded access to, and shall be permitted to audit and copy Contractor's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents and Contractor shall preserve these documents for a period of not less than three (3) years after final payment, or for such longer period as may be required by law. ARTICLE 13 — NOTICE 13.1 Any notice required under this Agreement shall be personally delivered, mailed in the United States mail, first class postage prepaid, or sent via facsimile provided an original is also promptly delivered to the appropriate party at the following addresses: The County: Eagle County Project Management Rick Ullom, Construction Manager P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8881 (p) (970) 328 -8899 (f) and a copy to: Eagle County Attorney P.O. Box 850 Eagle, Colorado 81631 (970) 328 -8685 (p) (970) 328 -8699 (f) The Contractor: Ewing Trucking and Construction, LLC Bart Ewing, Manager P.O. Box 2303 Edwards, Colorado 81632 (970) 926 -2770 (p) (970) 926 -4736 (f) Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. W ARTICLE 14 — INDEPENDENT CONTRACTOR 14.1 It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship. Contractor shall be, and shall perform as, an independent contractor. No technician, agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of County. Contractor shall be solely and entirely responsible for its acts and for the acts of its subcontractors, technicians, agents, employees, and servants during the performance of this agreement. Contractor shall not represent, act, purport to act or be deemed the. agent, representative, employee or servant of County. ARTICLE 15 - SUBCONTRACTS AND OTHER AGREEMENTS 15.1 Those portions of the Work that Contractor does not customarily perform with Contractor's own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a "subcontract" and collectively "subcontracts "). 15.2 All subcontracts shall conform to the applicable payment provisions of this Agreement. Owner shall have the right to review and approve each form of subcontract. ARTICLE 16 — MISCELLANEOUS 16.1 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 prior 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. 16.2 County and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 16.3 Notwithstanding anything to the contrary contained in this Agreement, Eagle County shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31, 2013 without an appropriation therefore by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 16.4 Contractor shall comply with the following provisions mandated by C.R.S. § 8- 17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: 10 If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. 16.4.1. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. 16.4.2. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E- verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http:// www .dhs.gov /xpreyprot/programs /gc 1185221678150 shtm 16.4.3. The Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre - employment screening of job applicants while the public contract for services is being performed. 16.4.4. If the Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. 16.4.5. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8 -17.5- 102(5). 11 16.4.6. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. 16.4.7. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 16.5 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 in law or in equity to recover damages for breach of this Agreement, or an action in tort 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. 16.6 At all times during the term of this Agreement, Contractor shall maintain insurance on its own behalf in the minimum amounts required by para"h 14 of the General Conditions. Insurance certificates shall be attached hereto as Exhibit D. 16.7 Any indemnity, warranty or guaranty given by Contractor to the County under the Contract Documents shall survive the expiration or termination of the Contract Documents and shall be binding upon Contractor until any action thereunder is barred by the applicable statute of limitations or as otherwise expressly provided in the Contract Documents. 16.8 Any amendments or modifications to this Agreement or the Contract Documents shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate on the day and year first set forth above. One counterpart each has been delivered to County, Contractor and Project Manager. All portions of the Contract Documents have been signed or agreed to by County and Contractor. [SIGNATURE PAGE TO FOLLOW) 12 EAGLE COUNTY, STATE OF COLORADO, STATE OF COLORADO SS COUNTY OF EAGLE CONTRACTOR: Ewing Trucking and Construction, LLC. By,� . Title: M 962 The foregoing instrument was acknowledged before me by -,,+ as i i l Q 6 e ,-- of w n �, t _�,On this 5;� day of S 2013. My commission expires: JACKIE F GREGORY NOTARY MOLIC STATE OF COL RWO NOTARY ID 20134037637 MY COMMISSION EXPMS JUNE 14. 2017 otary Public " 13 GENERAL CONDITIONS FOR CONSTRUCTION SERVICES 14 GENERAL CONDITIONS FOR CONSTRUCTION SERVICES AGREEMENT COLORADO RIVER RANCH BOAT RAMP AND SITE EM TROVEMENTS 1. Contractor shall provide and pay for labor, materials, equipment, tools, licenses, transportation, and other facilities and services necessary for proper execution and completion of the Work. 2. If Contractor fails to obtain the tax exemption(s) applicable to public works projects from sales, consumer, use and similar taxes, Contractor shall pay the same. County (also referred to herein as "Owner ") will cooperate with Contractor to obtain tax exemption for this Project. 3. Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by Contractor to do so will not relieve it from responsibility for successfully performing the Work without additional expense to the County. County assumes no responsibility for any understanding or representations concerning conditions made by any of its officers, employees or agents prior to the execution of this Agreement, unless such understanding or representations are expressly stated in the Agreement. 4. Before commencing activities, Contractor shall: (1) take field measurements and verify field conditions; (2) carefully compare this and other information known to Contractor with the Agreement; and (3) promptly report errors, inconsistencies or omissions discovered to County. 5. Contractor shall supervise and direct the Work, using Contractor's best skill and attention. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work. 6. Contractor, as soon as practicable, shall furnish in writing to the County the names of subcontractors and suppliers for each portion of the Work. Owner shall have the right to review and comment upon each proposed subcontractor, and Contractor shall then determine which subcontractor(s) shall be engaged. Contractor shall not contract with a proposed subcontractor to whom Owner has made reasonable and timely objection. All Work performed for Contractor by a subcontractor shall be pursuant to an appropriate written agreement between Contractor and such subcontractor (a "subcontract ") (and where appropriate between subcontractors and sub - subcontractors), which shall contain provisions providing that the Owner is an express third party beneficiary of the subcontract and requiring that the Work be performed in accordance with the requirements of the Contract Documents. 6.1 Contractor shall be fully responsible for all acts and omissions of his subcontractors, and of persons and organizations directly or indirectly employed by them, and of persons and organizations for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in the Contract Documents shall create a contractual relationship between Owner and any subcontractor or other person or organization having a direct contract with Contractor, nor shall it create any obligation on the part of Owner to pay or to see to the payment of any monies due any subcontractor, or other person or organization, except as may otherwise by required by law. Owner may furnish to any subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to Contractor on account of specific Work done. 7. No charge shall be made by Contractor for hindrances or delays from any cause whatever during the progress of any portion of the Work. In any event, County may grant an extension of time for the completion of the Work, provided it is satisfied that delays or hindrances were due to causes outside Contractor's control, e.g., weather, or to acts of omission or commission by the County, provided that such extensions of time shall in no instance exceed the time actually lost to Contractor by reason of such causes, and provided further that Contractor shall have given County immediate (as determined by the circumstances, but not exceeding 72 hours) notice in writing of the cause of the detention or delay. In such event, a written Change Order documenting the extension of time and change to the Contract Time will be issued by the County. 7.1 Contractor shall promptly notify County in writing of any latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents, and in no event later than seven (7) days after the first observance of such conditions. County shall obtain the necessary additional investigations and tests and furnish copies to Contractor. If County fords that the results of such investigations or tests indicate that there are latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by Contractor, a Change Order shall be issued incorporating the necessary revisions. Notwithstanding the foregoing, no adjustment in the date for achieving Substantial Completion shall be allowed to the extent that Contractor knew of such Adverse Condition(s) prior to the date of this Agreement. The parties agree that, by way of example only, opening a wall and fording something that logically would be there, like an electrical run to a receptacle is not an unforeseen condition. 8. Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 9. Contractor promises to perform the Work in a workmanlike manner and guarantees all Work against defects in material or workmanship for a period of one (1) year from the date of completion. Contractor warrants to County that the materials and equipment furnished under the Agreement will be new and of good quality; (2) the Work and materials will be free from defects; and (3) the Work will conform to the requirements of the Contract Documents. 9.1 All guarantees and warranties of equipment and other materials furnished to Contractor or subcontractors by any manufacturer or supplier are for the benefit of County. If any manufacturer or supplier of any equipment or material furnishes a guarantee or warranty for a period longer than one (1) year from the date of completion, Contractor's guarantee shall extend for a like period as to such equipment or materials. 9.2 Contractor shall correct at its own expense without cost to County and without interruption of County's occupancy, any defects in material or workmanship and any damage to other Work or property caused by such defects or the repairing of such defects for one (1) year from the date of Final Completion all as more fully set forth in paragraph 27 hereof. 10. Contractor shall comply with and give notices required by all federal, state and local laws, statutes, ordinances, building codes, rules and regulations applicable to the Work. If Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, rules or regulations without notice to and written approval of County, Contractor shall assume full responsibility for such Work and shall bear the attributable costs. Contractor shall promptly notify County in writing of any conflicts between the specifications for the Work and such governmental laws, rules and regulations. 11. Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. 12. Any Work that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied as part of the Base Proposal Price whether or not it is specifically called for. 13. Contractor shall be solely responsible for the protection of the Work and material. Contractor shall have no claim against County because of any damage or loss to the Work (except that caused by negligence of County or those for whom County is responsible), and shall be responsible for the complete restoration of damaged Work to its original condition at its sole cost and expense. In the event Contractor's Work is damaged by another party, not under its supervision or control, Contractor shall make its claim directly with the party involved. If a conflict or disagreement develops between Contractor and another party concerning the responsibility for damage or loss to Contractor's Work, such conflict shall not be cause for delay in Contractor's restoration of the damaged Work. 14. Contractor's Insurance: 14.1 Contractor shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of or result from Contractor's operations under the contract, whether such operations be by itself, or by any of its subcontractors, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work. In addition, Contractor shall maintain such completed operations insurance for at least one year after final payment. 14.2 Insurance coverage shall be as follows: Coverage for claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts, with coverage and in amounts as required by the laws of the State of Colorado; 3 Coverage for claims for damage because of bodily injury, occupational sickness or disease, or death of its employees, and claims insured by usual personal injury liability coverage; Coverage for claims for damage because of bodily injury, sickness or disease, or death of any person other than its employees, and claims insured by usual personal injury liability coverage; and Coverage for claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Coverage for Contractor's Liability Insurance issued to and covering the liability for damage imposed by law upon Contractor and each subcontractor with respect to all Work performed by them under this Agreement. Coverage for Contractor's Protective Liability Insurance issued to and covering the liability for damages imposed by law upon Contractor and each subcontractor with respect to all Work under this Agreement performed for Contractor by subcontractors. Coverage for Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon Contractor and each subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Comprehensive Automobile Insurance shall be carried in the amount of $500,000 1$1,000,000 for bodily injury and $500,000 for property damage, each occurrence. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. Comprehensive Risk Policy Option: In lieu of the several policies specified for Contractor's Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements herein set forth, subject to the approval of the County, will be permissible. Insurance covering claims for damages to persons or property required by the preceding paragraph shall be in the following minimum I amounts: Bodily Injury Liability: Each Person: $2,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $2,000,000 Aggregate: $4,000,000 4 Insurance shall be placed jointly in the names of the County, Contractor, and any and all subcontractors, and any and all others obliged by contract with the County to do Work on this Project, and, at the County's option, any other person or persons whom the County deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the County as trustee. The County shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. 14.3 Certificates of Insurance: Certificates of Insurance acceptable to the County shall be filed with the County with respect to each contractor and subcontractor prior to commencement of the Work. These Certificates shall contain provisions naming the County as an additional insured under Contractor's insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be canceled until at least thirty days prior written notice has been given the County. Contractor and its subcontractors shall not permit any of its subcontractors to start Work until all required insurance have been obtained and certificates with the proper endorsements have been filed with the County. Failure of Contractor to comply with the foregoing insurance requirements shall in no way waive the County's rights hereunder. 15. The County, at its option, may purchase and maintain such liability insurance as will protect it against claims which may arise from operations under this contract. Purchasing and maintaining such insurance, however, will not relieve Contractor from purchasing and maintaining the insurance hereinbefore specified. 16. Before permitting any of its subcontractors to perform any Work under this contract, Contractor shall either (a) require each of its subcontractors to procure and maintain during the life of its subcontracts, Subcontractor's General Liability and Property Damage Insurance of the types and in the amounts as may be applicable to its Work, which type and amounts shall be subject to the approval of the County, or (b) insure the activities of its subcontractors in its own policy. 17. Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by written Change Orders. Upon receipt by Contractor, of a Change Order approved by Owner, Contractor shall proceed with the Work involved. All such Work shall be performed under the applicable conditions of the Contract Documents. The Base Proposal Price may only be changed by a Change Order authorized by County. Failure of Contractor to obtain a change order prior to performing the Work shall result in non - payment for such Work. There shall be no verbal Change Orders and Contractor shall not be entitled to rely on verbal Change Orders. 18. Progress Payments: 18.1 Not more often than once a month, Contractor shall submit to County an application for payment filled out and signed by Contractor covering the Work completed as of the date of the application, and accompanied by such supporting documentation as County may reasonably require based upon the Base Proposal Price/Unit Prices. The Contractor shall submit applications for payment and all back -up material (e.g. subcontractor's invoices, vendor statements and receipts) as shall be reasonably required by the County. If payment is requested on the basis of materials and equipment not incorporated in the Work, but delivered and suitably stored at the site or at another location agreed to in writing, the application for payment shall also be accompanied by such data, satisfactory to County, as will establish County's title to the material and equipment, and protect County's interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied to discharge in full all of Contractor's obligations reflected in prior applications for payment. The amount of retention with respect to progress payments will be as stipulated in the Agreement. 18.2 County will, within ten (10) days after receipt of each application for payment, either indicate in writing a recommendation of payment, or return the application to Contractor indicating in writing its reasons for refusing to recommend payment. In the latter case, Contractor may make the necessary corrections and resubmit the application. County shall, within ten (10) days of a recommendation of payment, pay Contractor the amount recommended. 18.3 Substantial Completion shall mean when the Work (or a specified part thereof) has progressed to the point where it has received a temporary or final certificate of occupancy from Eagle County, and in the opinion of County as evidenced by a definitive certificate of substantial completion, it is sufficiently complete in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for with it is intended; or if there is no such certificate issued, when final payment is due in accordance with the Contract Documents. 18.3.1 When Contractor considers the entire Work ready for its intended use, and a temporary or final certificate of occupancy has been issued for the Work, Contactor shall, in writing to County certify that the entire Work is substantially complete. Within a reasonable time thereafter, County, and Contractor shall make an inspection of the Work to determine the status of completion. If County does not consider the Work substantially complete, County will notify Contractor in writing giving its reasons therefore and Contractor shall complete or correct such items identified by County. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. 18.4 Contractor warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to County at the time of payment free and clear of all liens, claims, security interests, and encumbrances (in these General Conditions referred to as "Liens "). 18.5 Contractor shall promptly pay each subcontractor, upon receipt of payment from the County, out of the amount paid to Contractor on account of such subcontractor's portion of the Work, the amount to which said subcontractor is entitled, reflecting percentages actually retained from payments to Contractor on account of such subcontractor's portion of the Work. Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to sub - subcontractors in a similar manner. Should Contractor neglect or refuse to cause to be paid promptly any bill or charge legitimately incurred by it, the County shall have the right, but not the obligation, to pay the bill directly upon not less than seventy -two (72) hours prior written notice to Contractor, and Contractor shall immediately reimburse the County for same or the County shall, at its election, offset such amounts as provided in the Contract Documents. If Contractor does not immediately reimburse the County, the County may offset the amount of the bill against amounts owed by the County to Contractor hereunder. The County shall further have the right to pay sums due to any subcontractor or vendor by joint check payable to Contractor and each such subcontractor and sub - subcontractor or vendor. 18.6 The County shall not have an obligation to pay or cause the payment of money to a subcontractor except as may otherwise be required by law. 18.7 Colorado Statutes do not provide for any right of lien against any public buildings or work. In lieu thereof, Title 38 -26 -107 et. seq. C.R.S., as amended provides adequate relief for any claimant having furnished labor, materials, rental machinery, tools, equipment or services toward construction of the particular public work in that final payment may not be made to a Contractor until all such creditors have been put on notice by publication in the public press of such pending payment and given opportunity to stop payment to Contractor in the amount of such claims. 19. Final Payment: 19.1 Upon written notice from Contractor that the Work is complete, the County will make a final inspection with Contractor, and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 19.2 After Contractor has completed all such corrections to the satisfaction of County, and delivered all maintenance and operating instructions, guarantees, bonds, certificates of inspection, Contractor may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the Contract Documents, and such other data and schedules as County may reasonably require, together with complete and legally effective releases or waivers (satisfactory to County) of all liens arising out of, or filed in connection with the Work. In lieu thereof, and as approved by County, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the Work, for which County or its property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, Contractor may furnish a bond or other collateral satisfactory to County to indemnify County against any lien. 20. Final payment shall not become due until Contractor submits to County releases and waivers of liens, and data establishing payment or satisfaction of obligations, such as receipts, claims, security interests or encumbrances arising out of the Work. Final payment is subject to the Final Settlement requirements and time periods set forth in C.R.S. §38 -26 -107. 20.1 The County shall not authorize final payment until all items on the punch list have been completed and the County has received a Certificate of Occupancy from the local jurisdiction, the Notice of Acceptance is issued, and the Notice of Contractor's Final Settlement Date is published and at least 30 days have expired with no claims filed. 20.2. Before the County may advertise, Contractor shall: Deliver to the Eagle County Project Manager for review: 1. All guaranties and warranties; 2. A letter confirming that sales taxes from which the County is exempt have not been paid; Three (3) complete bound sets of required operations and maintenance manuals and instructions plus One (1) electronic copy placed on an archival quality compact disk; 4. Two (2) full size sets of as -built drawings plus One (1) electronic copy placed on an archival quality compact disk; 5. To the extent not already furnished, one copy of all corrected Shop Drawings; 6. Satisfactory evidence that all payroll, material bills, and other indebtedness connected with the Work have been paid or otherwise satisfied; 7. A complete and final waiver and/or release of any and all lien rights and liens from each subcontractor of all tiers, material, men, supplier, manufacturer and dealer for all labor, equipment and material used or furnished by each on the Work; 8. Consent of the surety to final payment; and 9. Any other documents required to be furnished by the Contract Documents. B. Demonstrate to the operating personnel of the County the proper operation and maintenance of all equipment. 20.3. Upon completion of the foregoing, Contractor's Settlement shall be advertised in accordance with Colorado law. On the date of final settlement thus advertised, and after Contractor has submitted a written notice that no claims have been filed, final.payment and settlement shall be made in full. 20.4. Pursuant to C.R.S. §38 -26 -107, if any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed before payment in full of all sums due Contractor, County shall withhold from Contractor sufficient funds to insure the payment of such claim, until the same shall have been paid or withdrawn, such payment or withdrawal to be evidenced by filing a receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. 20.5. The making of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by the County except those arising from: A. Unsettled Claims; B. Faulty or defective work appearing after Completion of the Work; C. Failure of the Work to comply with the requirements of the Contract Documents; or D. Terms of any warranties or special warranties required by the Contract Documents. 20.6. The acceptance of final payment, after the Date of the Notice of Contractor Settlement of the Project, shall constitute a waiver of all claims by Contractor except those previously made in writing and separately identified by Contractor as unsettled in the final Project Application for Payment. 20.7. All provisions of the Contract Documents including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 21. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither the recommendation of any progress or final payment, nor the payment by County to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part thereof by County, nor any act of acceptance by County, nor any failure to do so, nor any correction of defective Work by County shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents. 22. Any Work in accordance with the Contract Documents that the County finds improper, Contractor will correct said Work at its sole cost and expense and in a timely manner so as not to delay completion of the Project. 23. If Contractor defaults or neglects to carry out the Work in accordance with the Agreement and fails within a ten (10) day period after receipt of written notice from the County to correct such default or neglect with diligence and promptness, the County may, without prejudice to other remedies, correct such deficiencies and Contractor shall be responsible for the cost of such correction. 24. Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those required by law in connection with performance of the Agreement. Contractor shall promptly remedy damage and loss to property caused in whole or in part by Contractor, or by anyone for whose acts Contractor may be liable. 25. Contractor shall promptly correct Work rejected by County as failing to conform to the requirements of the Agreement and Contractor shall bear the cost of correcting such rejected Work. 26. Contractor warrants and guarantees to County that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. If, within one (1) years after the date of Final Completion, or such longer period of time as may be prescribed by law, prescribed by the terms of any applicable warranty given by a materials supplier or required by or a part of the Agreement, any Work is found to be defective, Contractor shall promptly, without cost to County, and in accordance with County's written instructions, either correct such defective Work, or, if it has been rejected by County, remove it from the site, and replace it with non - defective work. 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, County may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by Contractor. 27. The performance of the Work may be terminated at any time in whole, or from time to time in part, by County for its convenience. Any such termination shall be effected by delivery to Contractor of a written notice ( "Notice of Termination ") specifying the extent to which performance of the Work is terminated and the date upon which termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by County, Contractor shall, in good faith, and to the best of its ability, do all things necessary, in the light of such notice and of such requests in implementation thereof as County may make, to assure the efficient, proper closeout of the terminated Work (including the protection of County's property). Among other things, Contractor shall, except as otherwise directed or approved by County: A. stop the Work on the date and to the extent specified in the Notice of Termination; 10 B. place no further orders or subcontracts for services, equipment or materials except as may be necessary for completion of such portion of the Work as is not terminated; C. terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; D. assign to County, in the manner and to the extent directed by it, all of the right, title and interest of Contractor under the orders or subcontracts so terminated, in which case County shall have the right to settle or pay any or all claims arising out of the termination of such orders and subcontracts; E. with the approval of County, settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts; and F. deliver to County, when and as directed by County, all documents and all property which, if the Work had been completed, Contractor would be required to account for or deliver to County, and transfer title to such property to County to the extent not already transferred. In the event of such termination, and concurrently with the receipt by the County of satisfactory lien releases from Contractor, its subcontractors of every tier and suppliers of every tier, the County shall pay as the sole amount due to Contractor in connection with the Project that portion of the Base Proposal Price due for 'Work performed to the date of termination, plus any reasonable restocking and(or) cancellation charges that could not be avoided and the cost of fabricating special materials that were ordered prior to the County's termination notice, less any sums already received by Contractor. In no event shall the County be responsible for Contractor's lost profits, overhead or consequential damages. 28. In the event of Contractor's non - compliance with the Colorado labor laws, this Contract may be canceled, terminated or suspended, in whole or in part, without any liability to the County. 29. Contractor acknowledges that the Work is a public work financed in whole or in part by funds of the state of Colorado and/or County, and pursuant to section Title 8 -17 -101, C.R.S. (1973). Colorado labor shall be employed to perform the Work in the extent of not less than eighty percent (80 %) of each type or class of labor in the several classifications of skilled and common labor employed in the Work. For purposes of this provision, "Colorado labor" means "any person who is a resident of the state of Colorado at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification." 30. Contractor agrees to comply with the letter and spirit of the Colorado Anti- discrimination Act of 1957, as amended, and other applicable laws respecting discrimination and unfair employment practices. Pursuant thereto, the following provision shall be contained in all contracts or subcontracts during the performance of this Contract: 11 A. Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, sexual orientation, or age. Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical disability, or age. 31. In addition to the indemnification in the Agreement, and to the fullest extent permitted by law, Contractor shall indemnify and hold harmless County, and Eagle County Board of Commissioners, employees and the agents of any of them, from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable. 32. Colorado Statutes do not provide for any right of lien against public buildings. In lieu thereof, Title 38 -26 -107 et seq. C.R.S., as amended, provides adequate relief for any claimant having furnished labor, materials, rental machinery, tools, equipment or services toward construction of the particular public work in that final payment may not be made to a Contractor until all such creditors have been put on notice by publication in the public press of such pending payment and given opportunity to stop payment to Contractor in the amount of such claims. 12 M011: DRAWINGS AND SPECIFICATIONS FOR EAGLE COUNTY OPEN SPACE COLORADO RIVER RANCH BOAT RAMP AND SITE IMPROVEMENTS PREPARED BY RIVER RESTORATION DATED [To be inserted] 15 RIVER CONSTRUCTION SPECIFICATIONS Colorado River Ranch Boat Launch Eagle County, Colorado Upper Colorado River Creek June 6th, 2013 OWNER: Eagle County ENGINEER: RiverRestoration.org Jason Carey PE P.O. Box 2123 Glenwood Springs, CO Table of Contents SECTION1 SCOPE OF WORK ............................................................................................... ..............................1 1.01 GENERAL ..................................................................................................................... ..............................1 1.02 KEY PROJECT PERSONNEL CONTACTS ................................................................ ..............................2 1.03 CONTRACTOR PRE- QUALIFICATIONS .................................................................. ..............................2 SECTION 2 GENERAL CONSTRUCTION METHODS ........................................................ ..............................3 2.01 PROJECT LIMITS ......................................................................................................... ..............................3 2.02 PERMITS ....................................................................................................................... ..............................3 2.03 SITE INTEGRITY ......................................................................................................... ..............................3 2.04 UTILITIES ..................................................................................................................... ..............................3 2.05 TEMPORARY FACILITIES ......................................................................................... ..............................3 2.05.A. Staging Areas ............................................................................................................ ..............................4 2.05.13. Dewatering Areas .............. ......................................................................................... ..............................4 2.05.C. Oiling Areas .............................................................................................................. ..............................4 2.05.D. Hauling Routes .....................................................................:.................................... ..............................5 2.05.E. Channel Access Areas ............................................................................................... ..............................5 2.06 CONSTRUCTION STAKING ...................................................................................... ..............................5 2.07 SITE GRADING ............................................................................................................ ..............................5 2.08 ACCEPTABLE AS BUILT ELEVATION VARIATIONS ( feet) ................................. ..............................5 2.09 UTILIZING IN- CHANNEL MATERIALS .................................................................. ..............................6 2.10 COFFER DAM .............................................................................................................. ..............................6 2.11 TRAFFIC CONTROL PLAN ........................................................................................ ..............................7 2.12 SPECIAL CONDITIONS DURING CONSTRUCTION .............................................. ..............................7 SECTION 3 BEST MANAGEMENT PRACTICES ................................................................. ..............................8 3.01 GENERAL ..................................................................................................................... ..............................8 3.02 CHANNEL ACCESS ..................................................................................................... ..............................8 3.03 CONSTRUCTION SEQUENCING ............................................................................... ..............................8 3.03.A. Initial Site Setup ........................................................................................................ ..............................8 3.03.B. Staging ....................................................................................................................... ..............................9 3.03.C. In- Channel Structure Construction ............................................................................ ..............................9 3.03.D. Final Site Restoration ............................................................................................... .............................10 3.04 EQUIPMENT OPERATING IN WET CHANNELS ................................................... .............................10 3.05 OIL BOOM ................................................................................................................... .............................11 3.06 PERMEABLE TURBIDITY BARRIER ...................................................................... .............................11 3.07 STRAW BALES ........................................................................................................... .............................11 3.08 SILT FENCE ................................................................................................................. .............................11 3.09 FILTERING OF PUMPTED WATER ......................................................................... .............................11 3.10 REMOVAL OF BMPs .................................................................................................. .............................12 3.11 RIPARIAN PROTECTION .......................................................................................... .............................12 3.13 MATURE TREE PROTECTION ................................................................................. .............................12 3.13.A. Hand Excavations Under the Drip Line ................................................................... .............................13 3.13.B. Treatment of Cut and Exposed Roots ....................................................................... .............................13 3.13.C. Root Care ................................................................................................................. .............................13 3.13. D. Areas of Fill Near PIP Trees ................................................................................... .............................13 3.14 ENVIRONMENTAL PROTECTION .......................................................................... .............................13 3.15 BARRIERS ................................................................................................................... .............................14 3.16 PROJECT SITE REHABILITATION .......................................................................... .............................14 3.17 CULTURAL RESOURCES ......................................................................................... .............................14 SECTION 4 IN CHANNEL AND BANK CONSTRUCTION ................................................ .............................15 4.01 CONSTRUCTION OF IN- CHANNEL BOULDER STRUCTURES .......................... .............................15 4.02 CONSTRUCTION OF BANK TERRACING BOULDER STRUCTURES ................ .............................15 4.03 EDDY BOULDERS ...................................................................................................... .............................15 4.04 FILTER FABRIC SPECIFICATION ........................................................................... .............................15 4.05 IMPORTED BOULDERS SPECIFICATION .............................................................. .............................16 SECTION 5 CONSTRUCTION OF CONCRETE STRUCTURES ...................................:..... .............................18 5.01 GENERAL .......................................................................................................................... .............................18 5.02 CONCRETE .............................................:......................................................................... .............................18 5.02.A. ANTI - FREEZING ADMIXTURE ........................................................................... .............................18 5.03 CONCRETE TESTING ...................................................................................................... .............................18 SECTION 6 LANDSCAPE INSTALLATION ......................................................................... .............................20 6.01 PLANTINGS ................................................................................................................ .............................20 6.01.A. Erosion Control Grasses ........................................................................................... .............................20 6.01.B Riparian Pl antings ..................................................................................................... .............................21 6.01.C. Fertilizers. N/ A ......................................................................................................... .............................22 6.0 1.D. Fencing ..................................................................................................................... .............................22 6.02 RIPARIAN SHRUB PLANTINGS .............................................................................. .............................23 6.02.A Spacing of shrubs ...................................................................................................... .............................23 6.02.B Riparian Shrub Products .......................:.................................................................... .............................23 6.02.0 Riparian Shrub Instal lation ........................................................................................ .............................23 6.03 RIPARIAN WILLOW STAKES .................................................................................. .............................23 6.03.a Live Stake Harvesting ................................................................................................ .............................23 6.03.b Live Stake Installation ................................................................................................ .............................23 6.04 RIPARIAN COTTONWOOD POLES ......................................................................... .............................24 6.05 EROSION CONTROL BLANKET .............................................................................. .............................24 6.06 TOP SOIL ..................................................................................................................... .............................24 6.06. A. Top Soil Application ............................................................................................... .............................25 6.06. B. Top Soil Material...... ............................................................................................... .............................25 6.07 FABRIC WRAPPED SOIL. LIFTS ............................................................................... .............................25 6.08 LANDSCAPE IRRIGATION ....................................................................................... .............................26 SECTION7 HYDROLOGY ..................................................................................................... .............................27 7.01 HYDROLOGY ............................................................................................................. .............................27 7.02 RIVER ELEVATIONS DURING CONSTRUCTION ................................................. .............................29 SECTION 8 . MODIFICATIONS TO TIME OF COMPLETION ............................................. .............................30 8.1 CONSTRUCTION WINDOW ..................................................................................... .............................30 SECTION9 DEFINITIONS ..................................................................................................... .............................31 SECTION 1 SCOPE OF WORK 1.01 GENERAL The scope,of this Project is to construct a boat ramp, parking areas, access roads, and associated public facilities at the Colorado River Ranch Eagle County Open Space. Specifications contained herein are intended solely for the installation of the boat ramp in the Colorado River channel at Colorado River Ranch, Eagle County, CO. These specifications are for activities performed below an elevation of 6292, including in- stream construction. These activities include: • Care of Water and diversion of the Colorado River during construction; • Identify and maintain erosion control measures and BMPs; • Protect in -place riparian vegetation and facilities, all utilities, paths, parking lots, all structures, and all mature trees outside the defined areas of disturbance; • Construction of a concrete boat ramp; • Construction of a tiered imbricated boulder wall; • Bank and channel grading and excavation • Erosion control on all disturbed areas; and • Re- vegetation of all disturbed areas. Construction activities necessary for the boat ramp and associated bank stabilization include the installation of a Concrete Slab with filtered backing, granite boulders (30 " -40" diameter) for the stabilization of the ramp toe and construction of the tiered imbricated boulder wall, landscape features such as berms and paths, stabilization of all disturbed areas, native willow and dogwood stakes to be installed in the late fall or early spring following construction, haul off and disposal of unclassified excavation removed from the channel and banks and dewatered as necessary, and restoration of construction staging and access areas to equal or better than condition before construction began, in accordance with these Specifications and as shown on the Project Drawings. Project Drawings include 15 plates; G1 is the cover page, C1 -C7 show construction site plans, grading plans, Care of Water, and BMPs, D1 -D7 show construction details. Exhibit A: Letter of Compliance for U.S. Army Corps of Engineers Nationwide Permits (NWP) #13 and #36. All activities must be performed in compliance with the stated general and specific conditions described herein. RCS -1 1.02 KEY PROJECT PERSONNEL CONTACTS References to the OWNER are to Eagle County, Colorado. The following is a list of Project stakeholders and their contact information. CONTRACTOR shall notify all stakeholders 7 days prior to construction: 1. Eagle County (OWNER) Mr. Rick Ullom Eagle County, Construction Manager Project Management Department Office: 970 - 328 -8780 Mobile: 970 -471 -0439 rick.ullom@eaglecounty.us 2. Mr. Jason Carey, RIVER ENGINEER RiverRestoration.org, LLC. PO Box 2123 Glenwood Springs, CO 81602 (970) 389 -5987 (c) (970) 947 -9568 (w) jason.carey@riverrestoration.org 1:03 CONTRACTOR PRE- QUALIFICATIONS Prospective bidders shall pre - qualify as follows: A CONTRACTOR must possess adequate tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit. The determination of whether a CONTRACTOR possesses these criteria is at the sole discretion of the OWNER. CONTRACTOR shall demonstrate record of successful and timely completion of river work awarded during the last five years. CONTRACTOR shall submit a Statement of Qualifications (SOQ) that describes 3 relevant projects of similar scope and experience in River related work. Up to date project owner references shall be included. The SOQ shall demonstrate extensive experience in the care of natural river flows and Best Management Practices that significantly reduce environmental impacts associated with construction. The SOQ shall demonstrate compliance with 404, 401 and dewatering permits. Furthermore, experience in construction that was performed in a river channel and withstood significant river flow is required. The SOQ shall identify the key personnel and all subcontractors that shall perform work. RCS -2 SECTION 2 GENERAL CONSTRUCTION METHODS 2.01 PROJECT LLMUTS All construction activity shall be confined to the Project Limits as defined on the Plans. These are properties owned, leased or access has been coordinated by the Eagle County and but may include other utility easements or Right of Way. 2.02 PERMITS The CONTRACTOR shall comply with all conditions set forth in all permits required for this project. Required permits may include but are not limited to: U.S. Army Corps of Engineers Permit Eagle County Floodplain Permit CDPHE Dewatering Permit 2.03 SITE INTEGRITY The CONTRACTOR is required to document the condition of the Utilities, Facilities, Landscape, Construction Access Areas on the banks, mature vegetation and the general area with video recordings, submitted to electronically ENGINEER prior to any construction phase and after each phase of construction is completed. The video recording shall document the surface integrity of the structures with clear and recognizable reference features or established and repeatable reference markers in the field of view. The CONTRACTOR is responsible for rehabilitating, repairing or replacing, to better than pre- construction conditions, any damage to the structures or vegetation directly or indirectly related to construction activities. 2.04 UTILITIES CONTRACTOR shall field- locate and mark all utilities within or adjacent to the Project. Any utility locations marked on plans are approximate and actual field location of any utility is wholly the responsibility of the CONTRACTOR. CONTRACTOR shall protect in place all utilities. 2.05 TEMPORARY FACILITIES CONTRACTOR shall provide all temporary facilities required for performing the work. . Temporary construction facilities and utility connections are solely the CONTRACTORS responsibility based on his selected method of operation and schedule. CONTRACTOR is responsible for providing a clean and safe environment for all workers on the job site.. CONTRACTOR is responsible for providing sanitary facilities. CONTRACTOR shall follow Occupational Safety and Health Administration regulations. CONTRACTOR is responsible for RCS -3 providing all electrical, water and utility needs. CONTRACTOR shall keep the Project Limits in a neat and orderly manner. CONTRACTOR is responsible for removing temporary facilities and controls after completion of all Work. 2.05.A. Staging Areas Preliminary Staging Areas are shown on the Plans. Final staging and access are to be pre approved in writing by the OWNER. All construction staging, stockpiling of materials, equipment storage, and other, shall take place in designated areas with adequate barriers to protect the public from entry. Staging areas shall have a designated office or contact information posted for public inquires. Staging areas shall provide employees all necessary facilities, legal postings, and safety protocol. The CONTRACTOR is responsible for maintaining a clean and organized staging area and restoration of all disturbed areas equal to pre project conditions. 2.05.B. Dewatering Areas Construction activities are anticipated to produce clean fill materials, as well as some other waste materials. All excess materials produced by construction activities shall be properly disposed.: Dewatering areas shall have adequate BMPs in place to stockpile material prior to disposal. Dewatering areas may also be configured to include a Washout Area for concrete pours. Pours shall not be conducted during or before an anticipated storm event. All excess concrete and concrete washout slurries from the concrete mixer trucks and chutes shall be discharged off site, or temporarily into a washout area designated in an unvegetated upland and completely isolated from stormwater and drainage. All concrete residues shall be hauled off -site and properly disposed. Returning water from dewatering areas to surface flow routes may require a dewatering permit from the CDPHE and is wholly the responsibility of the CONTRACTOR. 2.05.C. Oiling Areas. Any and all fueling and oiling of equipment shall be in designated upland locations, with adequate BMP's to contain any potential spill. All major equipment/vehicle maintenance shall be performed off -site. Fuel tank may be kept on -site in the staging area with drip pans underneath the fueling area. All equipment fluids generated from maintenance activities shall be disposed of into designated drums stored on spill pallets in accordance with hazardous waste management practices. Drip pans shall be placed under all equipment receiving minor or routine maintenance. A Spill Cleanup Plan is wholly the responsibility of the CONTRACTOR and shall be posted and available at all times on site for all work areas prior to any construction activities and shall include coordination with local emergency response agencies. A release of any chemical, oil, petroleum product, sewage, etc., which may enter waters of the State of Colorado (which include surface water, ground water and dry gullies or storm sewers leading to surface water) shall be reported to the Colorado Department of Public Health and Environment immediately (25 -8 -601 CRS) and form http : / /www.cdphe. state. co .us /hm/spillselfreportform.pdf and /or Toll -Free 24- hour Environmental Emergency Spill Reporting Line 1- 877 -518 -5608 may be used. Written notification to the Department shall follow within five (5) days (5 CCR 1002 -61, Section 61.8(5)(d)). Releases of petroleum products and certain hazardous substances listed under the Federal Clean Water Act (40 CFR Part 116) must be reported to the National Response Center as well as to Colorado Department of Public Health and Environment as required under the Clean RCS -4 Water Act and the Oil Pollution Act. Furthermore, contact must be made immediately, reporting any spill incident, with the Eagle County Department of Public Health, the OWNER and ENGINEER. 2.05.D. Hauling Routes. The import and export of materials from the project limits shall occur at designated locations on defined haul routes. Haul routes shall be graded and maintained to drain and not pool water. Haul routes shall have wheel washing locations and tracking pads at the junction of paved surfaces. Haul routes shall also be flagged by the CONTRACTOR within the Project Limits and random access of equipment shall be prevented. Adequate dust suppression, such as watering of haul routes, shall be maintained at all times. Protection of haul routes, to be specified by the OWNER, shall be observed to the maximum extent practicable. 2.05.E. Channel Access Areas. CONTRACTOR shall be responsible for designating and maintaining channel access sites for equipment and workers within Project Limits defined on plans and for rehabilitating access sites once construction is complete. Random or multiple channel access areas shall not be used. Gravel berms shall be installed at the top of the access ramp and other areas to eliminate sheet flow or drainage onto the exposed or disturbed Riverbanks. A silt barrier shall be erected along the toe of any and all out -of- channel open cuts to eliminate the migration of material outside of the limits of work. Straw Bales shall be used at the toe of the ramp when the access is not, in use to prevent the migration of material into the River. 2.06 CONSTRUCTION STAKING The OWNER shall provide adequate horizontal and vertical control points for the CONTRACTOR to establish the lines and grades shown on the plans. The OWNER shall provide initial construction staking. Grade elevations and additional construction staking shall be wholly the responsibility of the CONTRACTOR. Established control points shall be provided with special colored flagging and it shall be the responsibility of the CONTRACTOR to protect those control points. In the event they are lost, due to any cause, the CONTRACTOR shall re- establish adequate and permanent control markers. 2.07 SITE GRADING CONTRACTOR shall establish and identify required lines, levels, contours and datum. Grade Site to match all lines, elevations and grades shown on the Project Drawings. 2.08 ACCEPTABLE AS BUILT ELEVATION VARIATIONS (feet) Average Elevations across each Cross - Section shall be exact and conform with Town of Vail Floodplain regulations and any applicable Eagle County or State of Colorado applicable regulations. With natural building materials variances are expected and shall be allowed for average locations of individual particles. The following As -Built Variances are allowed. RCS -5 Table 1. Acceptable As -Built Variances for Average Locations of Individual Particles (feet) Description Variance Elevation Variance Horizontal Top of Terracing +0.2; -0.2 + / -1.0 bank alignment Top of Boulder +0.5; -0.5 +% -2,.0 bank alignment Top of concrete +0.05; -0.05 +/ -0.2 bank alignment 2.09 UTILIZING IN- CHANNEL MATERIALS Clean Native Alluvium that is excavated for structure placement and is to be backfilled in the channel may be utilized in channel as temporary cofferdams or other water control practices. Exposed Alluvium resulting in noticeable downstream turbidity shall be isolated from the flow of the channel. Excavated clean native alluvium, boulders and clean bedrock may be allowed to be backfilled in the channel around structures within the limits of excavation as defined in plans. All other excavated material including fines and bank material shall not be placed in any flow path, shall be properly disposed of in upland area and shall have appropriate erosion control measures in place. All in- stream structures shall be constructed in sections sized to minimize open excavation area. Each day of work shall be a completed work and no excavations of the bank or streambed shall be left open to the flow of water. 2.10 COFFER DAM Control of the River stage during construction is wholly the responsibility of the CONTRACTOR. Boulders and grading of clean native alluvium may be performed in the wet channel. However, any and all wet cement work shall be isolated from the flow of the River. In addition to controlling the stage of the river, seepage and ground water may require additional control methods such as pumping, sand bagging, impermeable membranes and concrete barriers. Methods for care of water or diversion presented herein are only for example and reference. The CONTRACTOR shall be wholly responsible for the selection of suitable diversion method(s), and for design, installation, and operation of the diversion and Care Of Water required during the performance of the work under these specifications. The CONTRACTOR is required to design and install adequate diversion and Care Of Water facilities in a timely fashion in accordance with his /her schedule of construction and the requirements of these specifications. Failure of the CONTRACTOR to become adequately familiar with and address the existing structures and river conditions which impact the work may result in unnecessary construction delays and associated increased costs for which the CONTRACTOR shall be solely responsible. Pumping and returning of coffered water may require a dewatering permit from the CDPHE and is wholly the responsibility of the CONTRACTOR. The CONTRACTOR shall be responsible for monitoring the turbidity within the creek and notify the Colorado Parks and Wildlife (CPW) of impacts to water quality. RCS -6 2.11 TRAFFIC CONTROL PLAN CONTRACTOR shall submit a Traffic Control Plan, to include the Roads, Parking Areas, Park Area and Paths and River, to be approved by Town of Vail. No construction activities shall impede public traffic patterns prior to written approval from Town of Vail. The Traffic Control Plan shall be submitted to Town of Vail for approval with 7 days notice for review. If CONTRACTOR shows that it is necessary to close any Paths, Roads or re -route traffic, Town of Vail shall work with CONTRACTOR to approve a reasonable alternative route. 2.12 SPECIAL CONDITIONS DURING CONSTRUCTION Intentionally left-blank. RCS -7 SECTION 3 BEST MANAGEMENT PRACTICES 3.01 GENERAL The Work covered by this section includes the furnishing of all labor, materials, equipment and incidentals for installation and maintenance of all on shore and in- channel BMPs. Within the Project Limits all disturbed surfaces shall utilize best management practices such as Turbidity Curtains, Silt Fences, Construction Sequencing, Care of Water, etc.; to minimize potential environmental damage, turbid conditions, locations of ponding, sediment loading in any flow path, dust, noise, light, etc. Adequate numbers, locations and properly functioning BMPs and erosion control are wholly the responsibility of the CONTRACTOR. CONTRACTOR is responsible for maintaining all BMPs during construction activities, and for the removal post construction activities and /or adequate stabilization periods. The ENGINEER may stop work in any area due to improperly installed, inadequate, or non - functioning BMP's. 3.02 CHANNEL ACCESS All riparian vegetation shall be protected in place. Vegetation in disturbance areas may be pruned as needed. Stone Berms shall be installed at the top of the access ramp and other areas as needed to eliminate sheet flow or drainage onto the exposed or disturbed banks. A silt barrier shall be erected along the toe of any and all out -of- channel open cuts to eliminate the migration of material outside of the limits of work. Straw Bales shall be used at the toe of the ramp when the access is not in use to prevent the migration of material into the body of water. (See Drawing Detail) 3.03 CONSTRUCTION SEQUENCING Prior to starting construction, the CONTRACTOR shall notify the ENGINEER and the OWNER of the date the CONTRACTOR intends to start construction with a written notice delivered a minimum 7 days in advance. The sequence of the critical construction processes are defined by the ENGINEER and CONTRACTOR shall follow the sequence. 3.03.A. Initial Site Setup 1. Notify OWNER and ENGINEER of start date as required; 2. Document with photographs and video the project vicinity, structures and vegetation and submit to ENGINEER; 3. Submit Diversion Plan and methods to ENGINEER; 4. Establish and post, construction site safety protocol; 5. Place Barriers, Post Signs, Install Safety Fencing and Isolate Project Site; 6. Locate in field, all Utilities; 7. Protect in Place Bridges, Utilities, Boulders, Trees and other; 8. Locate and flag Project Limits; 9. Locate construction staging and stockpile areas; RCS -8 10. Install oil booms across wet channel downstream of work area, replace used oil booms per manufacturer's specifications; 11. Locate area for storage of spare oil booms and designate oiling and petroleum handling areas with appropriate and adequate BMPs outside of the riparian zone; and 12. Establish and post protocol for potential oil spill cleanup and emergency response. 3.03.B. Staging 1. Install temporary portable toilet; 2. Implement County approved Traffic Control Plan; 3. Install BMPs: a. Control erosion and concentrated runoff; b. Maintain and facilitate any and all existing drainage channels; C. Identify and install any other BMPs as necessary. 4. Trim back brush on access slopes; 5. Protect in Place Mature Trees; 6. Locate and Protect in Place Survey Control; 7. Grade Access and Staging Areas; and 8. Maintain, add,and repair BMP structures as necessary throughout project. 3.03.C. In- Channel Structure Construction All construction activities shall follow U.S. Army Corps of Engineers Permit Conditions. In- stream work shall be performed during low water periods. Prior to construction activities, Best Management Practices (BMPs) shall be in place in order to minimize turbidity and sedimentation, as well as prevent pollution and the potential release of contaminants from equipment. Construction activities shall be sequenced and sized to minimize temporary impacts to flowing water. 1. Stake out grades, lines, offsets and spot elevations as necessary; 2. Install all BMP's as per plans and specs; 3. Stage pump with sediment filter and adequate hose length to remove contaminants before return flow; 4. Install turbidity curtains, all bank disturbances shall be contained within a Permeable Turbidity Curtain; 5. Install temporary channel access ramps; 6. Install temporary coffers as necessary; 7. Remove all non - native channel debris including concrete and metal; 8. Complete construction of in- channel structures; 9. Remove temporary coffers; 10. Grade and stabilize banks; 11. Complete construction of all bank structures; 12. Remove turbidity curtains and coffers; 13. Remove all excess materials from channel; 14. Remove all remaining BMP's from channel; 15. Remove turbidity curtains; 16. Restore access ramp; and RCS -9 17. Remove and dispose of filters as required; 18. Re- vegetate all disturbed soils with native erosion control grasses and erosion control blankets per plans and specifications; and 19. Identify and install any other BMP's as necessary to control erosion from disturbed areas, constructed structures and potential storm water runoff. 3.03.1). Final Site Restoration 1. Remove water control structures in accordance with Project Specifications and Project Drawings; 2. Plant remaining stream -bank riparian vegetation areas; 3. Dispose of any excess materials at a qualified disposal facility; 4. Restore Temporary Equipment and Haul Routes to original grade and vegetation; 5. Remove all materials from staging areas; 6. Re -grade or repair staging areas to pre- construction condition; 7. Identify and install BMPs down - gradient from all disturbed areas until establishment of vegetation (approx. 1 yr); 8. Remove all waste materials; 9. Remove utilities protection; 10. Remove temporary signs, barriers and safety fencing;_ 11. Repair damage to any adjacent property, structures or vegetation; 12. Establish erosion control grasses in all disturbed areas above the Ordinary High Water Line; and 13. Remove non - biodegradable BMPs after the establishment of vegetation (approximately 1 year). 3.04 EQUIPMENT OPERATING IN WET CHANNELS Equipment may be allowed to operate in the wet channels. Equipment operating in or adjacent to any wet channels shall be free of any fluid leaks and in excellent operating condition. Biodegradable hydraulic fluids shall be utilized for any equipment operating in the flowing river channel. CONTRACTOR shall submit a list of equipment operating with certified bio degradable hydraulic fluids to the Engineer prior to use of the equipment in the flowing channel. No equipment shall be left unattended at any time in any wet channel or below the Ordinary High Water Line. Any and all fueling and oiling of equipment shall be in a designated upland location, with adequate BMPs to contain any potential spill. All equipment shall be cleaned prior to delivery to the project area to minimize potential for spreading of invasive species. Equipment shall be power- sprayed and free of weeds. If any equipment being used for the Project has been previously working in another stream, river, lake, pond or wetland, one of the following disinfection practices is necessary prior to construction to prevent the spread of whirling disease, New Zealand mud snails, zebra mussels, didymosphenia, and other aquatic hitchhikers. These practices are also necessary after project completion, prior to the equipment being used in another stream, river, lake, pond, or wetland, for the same purpose: RCS -10 a) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, hand tools, boots, ect.) and spray /soak equipment in a 1:15 solution of Sparquat institutional cleaner and water. Keep equipment moist for at least 10 minutes; or b) Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, hand tools, boots, ect.) and spray /soak equipment with water greater than 140 degrees Fahrenheit for at least 10 minutes. The excavators and backhoes may periodically need to be cleaned on site to remove excess local sediments stuck to the track or hoes. Sediments that are removed with a shovel shall be placed in designated clean fill material storage areas. Sediments removed with clean water shall be washed into the dewatering area. All dewatering areas shall have erosion control logs staked at flow lines before discharge into any flow path. 3.05 OIL BOOM An adequate number of oil boom SPC 5510 manufactured by SPC (http: / /www.sorbentproducts.com) or equivalent shall be placed in a designated location onsite, visible and unobstructed at all times. Any spills shall be contained and cleaned by the CONTRACTOR. Oil booms shall be installed across the channel at the downstream end of the Project Limits at all times equipment is working in the wet. All Booms shall be replaced as needed, approximately weekly with new Oil Booms. 3.06 PERMEABLE TURBIDITY BARRIER All exposed bank excavations and disturbances shall be separated from the main flow of the river by a Permeable Turbidity Curtain. The turbidity curtain shall have a non -woven 8 oz non -woven filter fabric for at least 50% of the curtain area between the float and the ballast. 3.07 STRAW BALES Straw Bales shall be certified "Weed- Free" and not hay bales. Bales shall be secured with wood or metal stakes driven 2 feet into ground. 4 inches of 3 inch minus washed gravel shall be placed on the up- gradient toe of the bales. Bales can be removed when vegetation is established. (See Detail Drawing) 3.08 SILT FENCE Silt Fences shall be placed to contain construction activities on land. Silt Fence shall be constructed with 4oz. Non Woven Mirafi or equivalent, with a 6 inch by 6 inch anchor trench up- grade (i.e. uphill) of the fence line and fence posts in 6 ft centers. The anchor trench shall be backfilled to existing grade with native material compacted to 95% of maximum as determined by the Standard Proctor Method (ASTM D- 698 -66T or AASHTO T 99). (See Detail Drawing) 3.09 FILTERING OF PUMPTED WATER Any pumped water being returned to the main flow of the river or other drainage shall first be processed through a Filter or settled in a dewatering area. Turbid waters that are clean of RCS -11 containments or concrete residue shall be filtered to prevent excessive turbidity. Waters with contaminants or concrete residue shall be filtered clean before returning to the natural flow. A dewatering permit from the Colorado Department of Public Health and Environment (CDPHE) may be required if any pumped water is to be returned to the river or routed to storm water inlets. 3.10 REMOVAL OF BMPs All BMPs below the Ordinary High Water Line are to be removed prior to the completion of the work. All BMPs above the Ordinary High Water Line are to remain in place until the establishment of vegetation, approximately one year. Any non- biodegradable BMPs shall be removed after the establishment of vegetation cover at least 70 %, approximately one year. All non - biodegradable BMPs are the property of the CONTRACTOR. The locations of the BMP installations shall be graded, seeded and restored to preconstruction conditions after removal. 3.11 RIPARIAN PROTECTION Any and all riparian areas and riparian vegetation outside of the limits of excavation .shall be protected in place. No construction supplies, fuels nor oils shall be stored in riparian areas, no vehicles nor heavy equipment shall be allowed into riparian areas other than the designated channel access sites. No discharge of any materials shall be allowed into any riparian areas. Riparian areas shall be traversed only by foot and leak free hoses may cross riparian vegetation. Any incidentally disturbed riparian areas shall be restored to better than pre- construction conditions. 3.13 MATURE TREE PROTECTION The preservation of existing mature trees is an important component of the work and a measure of the successful completion thereof. Healthy root mass at the toe of the riverbanks is essential to the stability of the River channel. The healthy mature native trees that are adjacent to excavating activities shall be Protected In Place. The work shall include the preservation from injury or defacement of all vegetation that is NOT designated for removal by the ENGINEER in the field. ENGINEER shall mark all trees and large shrubs approved for removal prior to excavation work. Areas of tree removal shall be determined and marked in collaboration between the CONTRACTOR and the ENGINEER. a) CONTRACTOR guarantees that care, caution and best management techniques are implemented to maximize the survivability of native mature trees not designated for removal; b) All Protect in Place trees shall have 100% success rate, showing vigor and general health, for one year after PIP measures are conducted; c) Post construction monitoring may recommend additional pruning, irrigation, or fertilizer to restore health to a damaged tree. The CONTRACTOR is responsible for all measures to restore the health of trees for one year after construction disturbances around protect - in- palace trees; and RCS -12 d) If negligence results in potential mortality of trees, as determined by the ENGINEER, the CONTRACTOR shall replace all damaged trees with new native trees to reclaim an equivalent canopy cover at CONTRACTORs sole expense. Special care shall be applied when working under driplines or near the toe of the riverbank. The majority of critical roots are expected to run parallel to the River. The CONTRACTOR shall take great care when any earth disturbing activities beneath the drip line of trees are conducted. Protect in Place mature trees shall follow the below guidelines: 3.13.A. Hand Excavations Under the Drip Line Under the drip line, or at a minimum of 10 feet from the base of a PIP Tree, all necessary excavating activities shall be done by hand to expose the roots. a) Expose all roots greater than 1" and preserve. b) If it is necessary for the removal of concrete litter, or for the installation of bank and c) In- channel features, the roots may be cleanly cut, and shall not be ripped or torn. 3.13.B. Treatment of Cut and Exposed Roots Backfill all cut and exposed roots the same day of root cutting, and water until backfilling is accomplished. 3.13.C. Root Care Roots can be up to 2 -3 times the diameter of the drip line. The CONTRACTOR shall take as much care as possible to preserve roots. a) All roots that are necessary to remove for excavation activities shall be cleanly cut. b) The CONTACTOR shall apply all root cuts with approved root stimulator. 3.13. D. Areas of Fill Near PIP Trees a) If necessary, any fill material shall be held away from PIP trees with a boulder retaining wall with a discontinuous footing. b) If fill is necessary adjacent to the PIP tree, then air vents shall be installed. c) No soils shall be compacted under the drip line without ENGINEER approval. 3.14 ENVIRONMENTAL PROTECTION The construction site shall be maintained to minimize dust, noise, erosion, and water ponding. Any and all fuel operated equipment near or within drainage areas, riparian areas or open water areas shall be leak -free and in excellent operational condition. Equipment shall also use biodegradable fluids when feasible. The CONTRACTOR is wholly responsible for any environmental damage directly or indirectly related to storage of supplies and equipment, equipment operation, any fluid spills or any other construction activities. RCS -13 3.15 BARRIERS The CONTRACTOR shall furnish, install and maintain suitable barriers, as required to prevent public entry; and to protect the work, facilities, trees and wetland areas from any associated construction activities. Remove temporary barriers at the completion of work. 3.16 PROJECT SITE REHABILITATION After all other construction activities are completed; all disturbed areas are to be rehabilitated to pre - construction conditions. Clean the site of trash and debris and remove all construction measures, equipment and supplies. Permanent riparian plantings and seeding shall be installed immediately after the final design grades are achieved, but no later than 14 days after construction activities have permanently ceased at the disturbed area. One year after installation the CONTRACTOR shall guarantee that containerized and B &B plants have 100% success rate, seed plantings shall have 70% success rate, and all PIP mature trees shall have 100% success rate. 3.17 CULTURAL RESOURCES The project area has been disturbed by bank construction, road alignments, multiple utilities, pedestrian path construction and is within the main channel of the River. No cultural resources are anticipated to be impacted by the project. However, if potential cultural resources in the project area are discovered during construction and cannot be avoided, CONTRACTOR shall suspend construction activities in that area until the properties can be evaluated for listing in the National Register of Historic Places in consultation with Colorado State Historical Preservation Office. RCS -14 SECTION 4 IN CHANNEL AND BANK CONSTRUCTION 4.01 CONSTRUCTION OF IN- CHANNEL BOULDER STRUCTURES All Boulder Structures constructed In- Channel or below the Ordinary High Water Line (OHWL) shall be constructed with Footer Rocks and Keying Techniques (See Drawing Details). Construction of Boulder Structures shall include selection, rotation, placement and adjustment of each individual rock to minimize void spaces and maximize interlocking of boulders and smooth transition between boulders. The ENGINEER may identify each imported boulder that may affect surface flow, and direct the placement of surface flow boulders. Boulder Structures shall be constructed by placing individual boulders in designed cross - sections of the channel. Each cross - section has specific average elevations and alignments for the placement of rock as shown on the Project Drawings. Each structure shall include footer boulders extending below the footer elevation or 4 feet of depth below the thalweg if an elevation is not specified. Stacked boulders shall have a minimum 0.5:1 horizontal to vertical slope with the footer offset in the downstream direction when buried and footer offset in all directions when exposed. Each individual boulder shall be set with the `B" axis in the direction of flow when exposed or the "A" or `B" axis when the boulder is interlocked between other boulders (See Drawing Details). Minimum acceptable boulder size is 36 inches along the B- axis. 4.02 CONSTRUCTION OF BANK TERRACING BOULDER STRUCTURES Boulder terracing structures shall be constructed by placing individual boulders in designed sections of the bank. Each boulder shall include selection, rotation, placement and adjustment of each individual rock to minimize void spaces and maximize interlocking of boulders. Each section has specific elevations and alignments for the placement of rock as well as spot elevations as shown on the Project Drawings. Each Surface Boulder shall include footer boulders placed at least to depth shown on Project Drawings or at a minimum of 3 feet of depth below the existing grade and placed on 8oz non -woven Filter Fabric. Boulders placed at the toe of the slope shall be a minimum of 40 inches along the B -axis. All boulders shall have intimate contact with all adjacent boulders with less than 6 inch diameter voids. 4.03 EDDY BOULDERS INTENTIONALLY BLANK 4.04 FILTER FABRIC SPECIFICATION An undamaged filter fabric with geo- composite drainage shall overlay all exposed earthen embankment materials to be covered with rock. Filter fabric shall be placed to eliminate migration of fines through the boulder structures and the composite allows water to drain from structure. Geo- composite Hydrodrain 300 by www. hydrotechusa.com/drainage2.htmy or approved equivalent shall be used at a minimum of 4 feet width on 10 feet center (approximately RCS -15 40% of total filter fabric coverage). An acceptable non -woven 8oz filter fabric (Mirafi 180N or equivalent) shall be used for the bank coverage not overlaid by drainage. Filter fabric shall be placed to have intimate contact with intact bank material. Filter Fabric shall not be torn or ripped by boulder installation and preventative measures such as less than 6 inches of 6 inch minus well graded gravel bedding material, or approved native alluvium shall be used. Install per manufacturers recommendations. Table 2. Graded gravel bedding. Weight Indicator 6 inch minus 100% Passing 6" 50% -100% Passing 3" 40 %-60% Passing 3/4" 10%-30% Passing No. 20 10%-4% 1 Passing No. 200 4.05 IMPORTED BOULDERS SPECIFICATION Imported Boulders may be quarried or excavated and generally smooth in shape with the largest rock faces being approximately flat. Boulders shall be of a consistent material for the entire project and shall be a color that is aesthetically neutral with the native landscape. Boulder gradations shall conform to Table 2 by number, and measurement of the intermediate axis (`B "- Axis). The minor axis (shortest dimension or "C" -Axis) shall not be less than indicated in Table 3. Boulders exposed in the grade controls and keyed into the toe of each structure shall have a minimum intermediate axis (B -Axis) of 42 inches. Table 3. B Axis Boulder Gradations (inches) Number of Stones Indicator 36 inch 42 inch 60 inch 72 inch < 10% Greater 48 54 72 84 > 75 % Between 42 &30 48 &36 68 &48 78 &60 0% Less 24 30 42 54 Imported Boulders shall consist of hard, dense durable stone, resistant to weathering. Surface stones shall have an aesthetic neutral color. Stone shall be suitable for incidental human contact. CONTRACTOR shall submit source information and samples to ENGINEER. The ENGINEER shall approve Boulder material before use. Granitic and Basaltic boulders subjected to weathering such as glacial or alluvial flows will be preferred. Boulders may be approved by the Engineer if, by visual inspection, the rock is determined to be sound and durable. The Engineer may reject boulder material if, in the Engineer's opinion, the material is marginal or unacceptable or has poor aesthetic value. At the request of the Engineer, the Contractor shall furnish laboratory test results indicating that the material meet the requirements including those below: • Boulders shall have a minimum specific gravity of 2.65. RCS -16 Abrasion resistance by Los Angeles Machine; Test Method ASTM C535; Specification Requirement: 15% loss, maximum. Soundness by use of Sodium/Magnesium Sulfate, Test Method ASTM D5240 -04 Standard Test Method for Testing Rock Slabs to Evaluate Soundness of Riprap by Use of Sodium Sulfate or Magnesium Sulfate; Specification Requirement: 5% loss, maximum. Soundness by Freezing and Thawing, Test Method ASTM D5312 -04 Standard Test Method for Evaluation of Durability of Rock for Erosion Control Under Freezing and Thawing Conditions; Specification Requirement; 5% loss, maximum. RCS -17 SECTION 5 CONSTRUCTION OF CONCRETE STRUCTURES 5.01 GENERAL The following specifications, standards and codes shall govern the construction of the boat ramp, with modifications as specified herein: CDOT Standard Specifications for Road and Bridge Construction 2011 ACI 318 - Building Code Requirements for Reinforced Concrete ACI 301 - Structural Concrete ACI 304R - Guide for Measuring, Mixing, Transporting and Placing Concrete ASTM A884/A884M -04 Standard Specification for Epoxy- Coated Steel Wire and Welded Wire Reinforcement 5.02 CONCRETE Concrete shall be: A. CDOT Class D 4,500 psi 28 day strength; B. Air content 5.5 % + -0.5 %; C. 4 -6 inch slump; D. Number 5 grade 60 epoxy coated reinforcing steel; and E. Epoxy joint filler (100% solids) shall be specific for exterior use with continuous exposure to water or submerged conditions. Contractor shall protect work from vandals until set. CONTRACTOR shall deliver concrete free of marks, stains, etc... Pressure washing may be required prior to acceptance of work. . CONTRACTOR shall deliver smooth horizontal and vertical curvature on paving segments as determined by OWNER. All elevations and grades set using appropriate survey equipment. Paving segments with wavy edges, humps, and /or dips will be removed and replaced at the expense of the contractor. 5.02.A. ANTI - FREEZING ADAUXTURE If freezing temperatures are present, an accelerator such as Polarset may be used per manufacturers recommendations, as 1 -2% of total. 5.03 CONCRETE TESTING Provide an ASTM D 1077 compliant and ACI certified laboratory and provide level I ACI certified field sampling technicians. For every 50 CY of concrete provide one (1) test of: A. Temperature per ASTM C 1064 B. Air content per ASTM C 231 RCS -18 C. Slump per ASTM C 143 D. Compressive strength per ASTM C 31 E. Flexure strength per ASTM C 78. RCS -19 SECTION 6 LANDSCAPE INSTALLATION 6.01 PLANTINGS The CONTACTOR is responsible to provide water suitable for establishment of vegetation. Water shall be free from pollutants harmful to plants. ` 6.01.A. Erosion Control Grasses. All soil areas within the Project Limits, disturbed by construction activities, shall be seeded with erosion control grasses. All mixes shall be Certified Seed that is weed free and native strands of Pure Live Seed (PLS). Soils must be prepared according to the following standards prior to the placement of seed: • Place stored topsoil to a minimum of 6 inches in depth; • Soil shall be graded and raked to 0.25" to 0.5" to create a seed bed; • Soils must be moist prior to seed application; • Sprinkle areas to be seeded with water, using fine spray to avoid washing or erosion of soil; • Seed application must occur within 48 hours of soil placement; • Broadcast seed at the specified rate and lightly rake into soil; • Do not apply seeds when weather is too windy, hot or drying, or other adverse conditions exist; • Install Erosion Control Blanket immediately after seed application (Section 6.04); • All areas that are not covered by erosion control blanket shall apply weed free straw 2 inches thick over the seeds to reduce erosion and wind losses; • Do not use straw containing noxious weeds and /or foreign materials; and • Broadcast straw mulch or apply hydromulch in all seed areas except for areas covered by erosion control blanket. Table 4 provides the seed type and rate for all areas outside of the Riparian Corridor (Dryland Mix Species) Table No 4. Dryland Mix Species PLS /Acre* Western wheat ass var. Arriba 35% Thicks ike wheat grass var. Critana 25% Alkali sacaton 10% Bluebunch wheatgrass 10% Indian rice grass var. Rimrock 5% Sideoats grama 5% Bottlebrush s uirreltail 10% *drilled application =171bs per acre, *broadcast application-- 34 lbs per acre. RCS -20 Table. 5 provides the seed type and rate for all areas within the Riparian Corridor (Riparian Mix Species) Table No 5. Riparian Transitional Mix Species PLS /Acre* Western wheatgrass var. Arriba 35 % Streambank wheatgrass var. Sodar 30% Green needle ass var. 'Lodorm 10 % Arctic/Baltic rush 5% Galleta grass 5 % Alkali sacaton 5% -Big bluegrass var. Sherman 10 % *drilled application= I 9lbs per acre, *broadcast -application-- 38 lbs per acre. 6.01.13 Riparian Plantings. In addition to vegetation installations shown on the plans; any willows or native vegetation incidentally disturbed shall be replanted in equivalent coverage, at equivalent elevations, in existing open areas. 1. Ball and Burlapped Plants N/A 2. Containerized Plants Containerized plants shall not be root -bound in their containers. Roots that circle the container can become strangulated roots may hinder future growth of the plant and will be rejected. Extensive roots that have grown out through the drain ports of the container may be dried or damaged and become a source for infection and additional stress for the plant. Any or all abnormalities listed above shall be reason for rejection. Containerized material specifications are as follows: • All containerized materials shall be sourced from Colorado Western Slope ecotypes that are grown under conditions similar to those of the planting site; • All containerized materials shall be disease and insect free and shall be completely rooted through the container so that there is no loose soil; • Plants shall be planted so that the roots are completely placed within the soil profile and so that the root ball is submerged slightly below the soil surface. Roots are not to be J- rooted, cut, or otherwise compromised; • Plants are to be placed in the proper hydrology by species as dictated by site conditions and ambient conditions; and • Excavated soil is to be pressed around the transplanted materials in such a manner as to minimize air species and maximize soil -root contact. Any remaining soil is to be used to form a lip or saucer around the transplanted materials to help retain water. • All planted materials are to be completely mulched to a 2" depth with weed -free, chemical -free woody material. 3. Transplanting On -site Vegetation RCS -21 Native vegetation to be disturbed by excavation activities shall be transplanted according to the following standards: • Vegetation suitable for transplants should be healthy native species; • Prune shrub or tree to approximately 6 feet in height; • Cleanly cut all broken and damaged limbs; • Herbaceous clusters are also suitable for transplants; • Excavate a hole that is larger than the transplant rootball; • Scoop the entire root mass of the transplant with the bucket of a trackhoe, keeping intact the rootball and soils; • Immediately place transplant in the excavated hole and hand backfill lightly compacting the soil; • Water transplants as necessary to ensure survival. 4. Staking and /or Pole Planting On -site Vegetation Native vegetation shall be collected according to the following specifications in the vicinity for Stake and Pole plantings; • Materials, shall be collected while dormant, after the leaves have fallen and when nightly temperatures are approximating freezing conditions; • Cuttings shall be taken from 2 - 3 year old stems that are free from disease, blemishes, galls, cankers, smut, and other imperfections. Cut the cutting bottoms at a 45- degree angle and the tops flat; • Willow cuttings shall be from 1/2" - 1" in diameter and from 24" to 30" in length. • Cottonwood cuttings shall be from 3/4" - 1.25" in diameter and from 24" to 36" in length; • All cuttings should be stripped of any remaining leaves and side branches, then pre- soaked in water for a minimum of 48 -hours prior to planting; and • Plant the cuttings with their bases down to the stagnant water level in areas of proper hydrology. 6.01.C. Fertilizers. N/A 6.01.1). Fencing. All planted ball and burlap trees and poles shall have small mammal protective fencing. Fencing shall be 14 gauge welded wire, or chicken wire with less than 6 inch spacing. The welded wire shall be held 6 inches from the truck and placed as a cylinder around the trunk of the tree at a minimum of 4 feet in height. The welded wire shall be fastened to hardwood stakes with cord. The welded fencing shall be flush with the ground. RCS -22 6.02 RIPARIAN SHRUB PLANTINGS 6.02.A Spacing of shrubs. The layout of the shrubs shall be planted staggered (not horizontal or vertical lines) as shown on Project Drawings. The Project Drawings provide the areas for Riparian Shrub Plantings and Species List. Minimum spacing of plantings is species and type dependent and listed in the Plant Installation Plan and may not be to scale in the drawings. 6.02.13 Riparian Shrub Products. The Riparian Area shall be vegetated with native containerized shrub plants. Containerized plants shall be well established in the container with a root system sufficiently developed to hold together when removed from the container. Containerized riparian shrubs shall be 1 or 5 gallon pots as specified, Plants shall not be pot bound nor have kinked, circling, or bent roots. The root ball periphery shall be free of circling roots larger than ' /a inch in diameter. If roots have grown in a spiral fashion inside the container, the tree maybe root boundll. 6.02.0 Riparian Shrub Installation. a. To encourage straight roots to form, make four (4) vertical incisions down the sides of the rootball one -fourth (1/4) inch in depth 90 degrees to each other, and a crisscross incision on the bottom. 6.03 RIPARIAN WILLOW STAKES 6.03.a Live Stake Harvesting. The CONTRACTOR shall harvest all live stakes locally from areas approved by the Engineer. Live stakes available on site are willow (Salix spp) and redosier dogwood (Corpus sericea) stakes. All live stakes shall be harvested during the dormant season. All live stakes shall be harvested from a healthy parent that does not have serious injuries, insect pests, diseases or shriveled. No more than one -third of the donor shrub should be harvested. The CONTRACTOR shall take care to not damage the donor shrub; cuts shall be made smooth without damage to the bark of the donor shrub. Cuts shall be made at an angle of approximately 45 degrees, 6 to 8 inches above the ground, to assist rapid regenerate. The minimum diameter of the cuttings should be 0.75 inch and the minimum length should be 18 inches; larger live stakes contain a greater amount of the stored energy required to form leaves, stems and roots. The top ends shall be blunt; butt ends shall be angled at 45 degrees. Stakes shall be stripped of all stems and leaves, taking care to minimize scarring or bruising of the stakes. Immediately upon cutting, stakes shall be placed in water in a shaded area. The live cuttings shall be planted within 6hrs, or must be carefully bound, secured, and stored submerged in clean fresh water. 6.03.b Live Stake Installation. Live stakes shall be planted to a depth where the roots are able to reach the water table during all seasons. Stakes must be harvested and planted when the willows are dormant. This period is generally from late fall to early spring, or before the buds start to break. If the willow stakes cannot be installed during the spring or dormant season, cut during the dormant season and hold RCS -23 in cold storage at temperatures between 33 and 39 degrees F and store for up to 3 months. Insert the cutting vertically (i.e., oriented in the same direction which it, grew on the shrub) into the substrate so that approximately two- thirds of the total length is below the surface. Make pilot hole for all installation. Stakes should be placed randomly at a rate of two holes per square yard. Install three live stakes per hole (where possible). Backfill all voids with topsoil. The cutting must be inserted deep enough to ensure that it reaches the water table throughout the entire growing season. After the live stakes are inserted, the planting hole must be backfilled with native soil and lightly tamped to prevent air pockets. 6.04 RIPARIAN COTTONWOOD POLES Riparian Cottonwood Poles may be harvested on site from within the Project Limits. The Cottonwood Poles shall be a minimum of 4 inches in diameter and 8 feet in length. The selected Poles shall be healthy, live wood that is reasonably straight. Use live wood at least 2 year or older, with smooth bark that is not deeply furrowed. Avoid suckers of current year's growth. Cottonwood Poles must be harvested during the dormant season and planted in the late fall or early winter; prior to budbreak and spring runoff flows. Make clean cuts with unsplit ends; .top ends should be cut straight and butt-ends should be cut with a 45 degree angle. Paint top ends with a paint and water mixture (50/50) to indicate which end is the top and to prevent moisture loss. Trim branches from cutting as close as possible to trunk. Holes must be dug to a depth of 1.5 feet below the OHW line or as shown on Project Drawings, or a minimum of 1.5 feet in moist soil. The use of a "Stinger" may be required to dig the holes. Place Poles in hole with, butt-end down. The Cottonwood Poles shall be backfilled with a minimum of 3 feet of aerated soil above the moist soil. The Poles shall be 2/3 below ground with 2 -5 bud scares above the ground level. Poles shall be planted with 6 feet maximum spacing. Cottonwood pole tops should be painted with a latex light color paint 50/50 mix water /paint to prevent water loss. 6.05 EROSION CONTROL BLANKET All Natural biodegradable Erosion Control Blankets (ECB) shall be placed on all disturbed slopes greater than 10 percent grade. All Natural biodegradable Erosion Control Blankets (ECB) shall be placed on restored banks. One type of Erosion Control Blankets have been pre - approved: CC -4 by Western Excelsior or approved equivalent, www.westernexcelsior.com. Do not order, deliver, or install other products without a written approval by the ENGINEER. Install per manufactures recommendations, and details. Store all coir fabric elevated off the ground and insure that it is adequately covered to protect the material from damage. Protect fabric from sharp objects that may damage the material. Materials damaged during transport, storage or placement shall be replaced at the CONTRACTOR expense. The ENGINEER shall inspect and approve all materials prior to installation. 6.06 TOP SOIL Available topsoil shall be salvaged a minimum of 6 inches in depth from all disturbed areas. Salvaged topsoil shall be stockpiled in areas that shall not interfere with construction phases and of least 15 feet away from areas of concentrated flows or pavement. The slopes of the stockpile RCS -24 shall not exceed 2:1 horizontal to vertical. A silt fence or other adequate erosion control shall be installed around the perimeter of each stockpile. 6.06. A. Top Soil Application Top soil shall be applied to all areas for seeding and planting. Top soil shall be applied at a minimum of 6 inches depth on all seeded areas, and shall be used to backfill all shrub and tree plantings to the depth and twice the width of the root ball. Topsoil shall not be placed when the ground or Topsoil is frozen, or excessively wet. Following the spreading operation, the Topsoil surface shall be raked to final grades without surface irregularities that could contribute to concentrated waterflow downslope. Top soil shall be raked with 0.5 inch undulations for a seed bed. 6.06. B. Top Soil Material Imported topsoil shall be a natural sandy loam that is weed free. Imported Topsoil shall be properly stored and protected, and shall be free of roots, hard clay and stones which shall not pass through a 1 -inch square opening. It shall be a loamy mixture having at least 90 percent passing No. 10 sieve. Soil properties are listed below: • Contain no less than 2 percent nor more than 13 percent organic matter, as determined by the test for organic matter in accordance with ASTM D2974; • Contain no less than 12 percent or more than 40 percent clay, as determined in accordance with ASTM D422; • Sand content shall not exceed 55 percent, as determined in accordance with ASTM D422; • The pH shall not be lower than 5.0 or higher than 8.0. The pH shall be determined with an acceptable pH meter on that portion of the sample passing the No. 10 sieve, in accordance with the — Suggested Methods of Tests for Hydrogen Ion Concentration (pH) of Soils, included in the ASTM Procedures for Testing Soils issued December 1964; • One hundred percent shall pass the 1 -inch screen; 97 -100 percent shall pass the 1.5 -inch screen, and 40 -60 percent shall pass the No. 100 mesh sieve; • Topsoil shall be free of clods, gravel, and other inert material. It shall be free of thistle, reed canary grass, creeping foxtail, noxious vegetation and seed. Should such regenerative material be present in the soil, the CONTRACTOR shall remove, at his expense and in a manner satisfactory to the Owner's Representative, all such growth, both surface and root, which may appear in the imported Topsoil within .1 year following acceptance of the work; and • All soil to be seeded shall be amended with Humate and fertilizer product. The method of incorporation of amendments shall result in a uniform application of material as approved. Humate shall be applied at a rate of 1500 pounds per acre. The humate shall be applied using approximately l gallon of water for 1 pound of dry powder. The fertilizer product shall be applied at a rate of 2000 pounds per acre. 6.07 FABRIC WRAPPED SOIL LIFTS Fabric wrapped soil lifts shall be constructed using two fabrics. An inner fabric is required to hold fine soil particles in place and a strong, durable outer fabric provides strength to the RCS -25 constructed soil lift. Pre - approved inner biodegradable fiber blankets are Western Excelsior Excel S -2 All Natural or approved equivalent, wv w.westemexcelsior.com or BioD -OCF or BioD- StrawCoco stitched natural blankets, www.rolanka.com /GN /. Pre- approved outer fabrics include the BioD -Mat 70 or BioD -Mat 90 high strength brown bristle coir woven blankets, minimum density 700g /m2, www.rolanka.com/GN /. Do not order, deliver, or install other products without a written approval by the ENGINEER. Installation of fabric wrapped soil lifts shall be placed on a clean and level the base. Suitable, native wood plant cuttings shall be placed horizontally on prepared surfaces to the elevations shown in the construction plans. Installation of the first soil lift shall be placed on a prepared foundation. Selected fabrics shall be placed on the foundation (bottom of the lift) and anchored with suitable anchors. Clean fill dirt shall be placed on the bottom fabric and compacted. Remaining fabric shall be pulled over the top of the compacted soil and anchored with suitable anchors. Staking shall be performed using 1 in x 1.5 in x 15 in pine stakes at every 3 ft to anchor the bottom fabric to the ground before filling with soil and 2 in x 2 in x 24 in pine stakes on the top fabric after filling with soil. Lift construction procedure shall be repeated as necessary to complete the number of lifts described in the construction plans. Seed shall be placed on the surface of the soil on the upper most lift prior to wrapping the fabric. 6.08 LANDSCAPE IRRIGATION NA. RCS -26 SECTION 7 HYDROLOGY 7.01 HYDROLOGY Hydrology herein is based on USGS stream gage COLORADO RIVER NEAR KREMMLING, CO (09058000) for water years 1980 thru 2010. The gauge may be accessed online at: http: / /waterdata.usgs.gov /nwis /uv ?site no= 09058000. The Kremmling gauge may not actually represent flows at the project site and should be used as a reference only. Additional flow not accounted for in the tables, or flash flooding may occur on tributaries including the Piney River http:// waterdata.usgs.gov /usa/nwis/uv ?site no= 09059500 immediately upstream of the project site. Real time data may be seasonal and is provisional, subject to change. Statistical Analysis of historical data is not a guarantee for the flow rates during construction and are provided herein solely for the information of the CONTRACTOR. Maintenance of the River Flows, diversions, erosion, environmental protection, BMPs and River stages during the construction period are wholly the responsibility of the CONTRACTOR. TABLE 6. Percent of record that average daily flows (cfs) were exceeded on the Colorado River near Kremmling, upstream of the Project Area Exceeded 5% 20% 40% 50% 60% 80% 95% l -Mar 330 370 448 509 554 663 825 2 -Mar 326 366 434 480 561 653 830 3 -Mar 316 373 427 504 568 645 852 4 -Mar 319 377 431 518 569 689 844 5 -Mar 313 377 424 504 572 697 847 6 -Mar 313 390 418 478 576 699 837 7 -Mar 299 379 424 502 574 710 837 8 -Mar 322 387 423 505 579 723 833 9 -Mar 326 391 432 507 588 706 837 10 -Mar 328 400 443 512 587 711 842 11 -Mar 339 400 429 527 584 729 838 12 -Mar 348 400 436 545 580 739 840 13 -Mar, 354 400 439 570 581 753 851 14 -Mar 349 399 457 567 587 765 883 15 -Mar 357 391 480 540 590 785 979 Exceeded 5% 20% 40% 50% 60 % 80% 95% 16 -Mar 333 373 465 542 580 785 991 17 -Mar 336 379 488 520 581 787 1125 18 -Mar 347 400 474 532 587 802 1095 19 -Mar 364 417 513 572 585 809 1045 20 -Mar 374 415 506 574 603 835 1095 21 -Mar 360 420 497 582 595 865 1145 22 -Mar 362 414 545 581 610 834 1145 RCS -27 23 -Mar 363 441 573 584 622 890 1150 24 -Mar 369 444 575 625 641 911 1230 25 -Mar 377 432 564 624 658 854 1265 26 -Mar 378 430 590 663 679 868 1270 27 -Mar 362 410 600 681 688 888 1330 28 -Mar 356 410 600 661 712 909 1360 29 -Mar 358 422 575 660 718 814 1495 30 -Mar 363 418 536 651 698 800 1620 31 -Mar 360 461 536 623 669 779 1755 Exceeded 5 % 20% 40 % 50% 60 % 80% 95% 1 -Apr. 358 483 579 630 670 794 1815 2 -Apr 368 492 554 640 663 763 1840 3 -Apr 377 512 612 655 713 793 1865 4 -Apr 375 476 632 705 732 999 1855 5 -Apr 361 513 680 726 753 994 1840 6 -Apr 358 531 682 733 802 951 1840 7 -Apr 352 534 708 759 817 1030 1845 8 -Apr 363 521 681 771 831 1000 1880 9 -Apr 363 499 672 788 840 1010 1890 10 -Apr 399 494 677 751 790 1020 1870 11 -Apr 405 493 702 740 783 987 1845 12 -Apr 378 524 656 718 785 1090 1735 13 -Apr 380 559 655 701 784 1160 1765 14 -Apr 404 627 674 746 771 1160 1685 15 -Apr 493 639 679 772 822 1130 1680 Exceeded 5 % 20% 40% 50% 60% 80% 95% 16 -Apr 445 614 706 802 833 1120 1790 17 -Apr 414 630 717 838 929 1140 1905 18 -Apr 387 648 753 819 994 1170 1980 19 -Apr 423 645 796 873 1030 1260 2025 20 -Apr 375 665 776 906 1040 1250 1960 21 -Apr 355 632 730 905 969 1290 1815 22 -Apr 358 616 767 924 947 1390 1850 23 -Apr 369 606 835 953 1030 1370 2030 24 -Apr 363 1 625 915 1010 1110 1440 2200 25 -Apr 381 622 911 1130 1170 1500 2260 26 -Apr 393 620 912 1070 1190 1490 2305 27 -Apr 433 583 959 1040 1110 1540 2100 28 -Apr 423 588 896 1030 1130 1460 1955 29 -Apr 414 556 749 1070 1150 1590 2035 30 -Apr 378 597 750 1040 1200 1620 2205 1 -May 355 651 873 969 1220 1630 2365 RCS -28 7.02 RIVER ELEVATIONS DURING CONSTRUCTION Construction is anticipated to occur during low water conditions in the river in the summer of 2013. Water Surface Elevations may vary from field observations and be affected to an unknown degree with temporary flow obstructions of equipment, coffers, temporary alluvium placement or other construction activities. The CONTRACTOR is wholly responsible for monitoring and controlling WSELs during construction and any associated erosion, flooding, structure integrity or environmental damage. RCS -29 SECTION 8 MODIFICATIONS TO TIME OF COMPLETION 8.1 CONSTRUCTION WINDOW The date of beginning and the time for completion of the work are essential conditions of the Contract Documents and the work to be performed shall be commenced on a date specified in the Notice to Proceed. The Contractor will proceed with the work at such rate of progress to ensure full completion within the Contract time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract time for the completion of the work described herein is a reasonable time, taking into consideration the climatic and other factors prevailing in the locality of the work. Every effort shall be made by the Contractor to complete the project within the "Contract Time" shown in the bid, quote or proposal. The "Contract Time" anticipates "Normal" weather and climate conditions in and around the vicinity of the Project site during the times of year that the construction will be carried out. Contractor acknowledges that the Project site is located in a high altitude environment where weather patterns can be variable and extreme during any month. Freezing conditions may be encountered during the construction window. Contractor is wholly responsible for maintaining conditions that prevent build up of ice during construction and for delays associated with ice. Frazil ice is a winter occurrence throughout much of the Colorado River in Colorado. Ice can pile up significantly on many in- channel obstructions. Contractor is wholly responsible for maintaining conditions that prevent build up of ice during construction and for delays associated with ice. RCS -30 SECTION 9 DEFINITIONS B -Axis The intermediate (and overturning) axis on a boulder. Best Management Practices (BMPs) Any and all measures implemented to prevent sedimentation, erosion, or pollution during the temporary construction period and during the lifetime of a project, including restoration of construction areas. Care of Water (COW) Any and all measures implemented to predict the native flow of a watershed and to manage, divert and control that flow in order to access and perform the work and simultaneously minimize impacts on the environment, property and infrastructure. Coffer Dam Structure used to isolate an area for dewatering or sediment containment. Ordinary High Water Line (OHWL) Approximate Water Surface Elevation at the 1 %z year Flood. In- Channel Work All construction work occurring below the ordinary high water line or in a wet channel. Invert The hydraulic section controlling upstream water surface elevations. On -Shore Work All construction work occurring above the ordinary high water line and outside of Waters of the United States. Protect -In -Place Protection of Structures or Vegetation by not disturbing them with adjacent construction activities. Thalweg Lowest elevation of the river channel in cross section perpendicular to the direction of the main current flow. Toe A point where the vertical slope of the ground chnges from relatively steep to relatively flat. Most commonly in rivers it refers to the point where the bank slope meets the channel bottom slope. RCS -31 River Right The right side of the channel when looking downstream. River Left The left side of the channel when looking downstream. Riparian Vegetation Vegetation which is rooted in the water table of the adjacent river. Water Surface Elevation Elevation on the project datum, of the surface of water at a specified location and flow rate. Waters of the United States Any waters that are relatively permanent, meaning they contain water at least seasonally; and Wetlands that directly abut relatively permanent waters. RCS -32 o� EAGLE COUNTY OPEN SPACE COLORADO RIVER RANCH oA FINAL DESIGN COVER SHEET r � . g \ �� ; •� yam. / C��`� \�2 Sty •`� ,7`N��, _..,.x�._ � 9w Rggga va go in:E G o 0 o f CFO ; o COLORADO RIVER RANCH w!► BOAT RAMP O O A� %"�' oA DRAWING INDEX s — m o SITE PLAN g V n y all pp �i ` II NO 00 A00A a l R 29 s W - — /. S NN r - r • i ., s _ s � Am- n y all pp �i of II NO 00 A00A 29 s W — /. 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IS o' Ij o 1)" c vi N v Ell -14 Ul C1 y T. 6M lE qnK 9 y MA 'a Ell 6 Ell cj COLORADO RIVEK RANCH BOAT RAMP DETAILS SHEETS d-) i BANK STABILIZATION w N -2 S � � ❑ 7 8 m3 H, � N\ \ \ d u \ 4 ❑ i � �d- n Bm \ N \ Y 8 q ❑��.r Y\ P IT i i I i I I � ' gk 0 Ali i \Y O I I i f i i � 1 �y I f i I M's 1 CONTRACTOR'S PROPOSAL FORM 16 i W4 awl I: CONTRACTOR'S PROPOSAL FORM 16 Request for Proposal for Construction Services Eagle County, Colorado REQUEST FOR PROPOSALS FOR CONSTRUCTION SERVICES FOR EAGLE COUNTY OPEN SPACE COLORADO RIVER RANCH BOAT RAMP AND SITE IMPROVEMENTS Eagle County, Colorado June 2013 Eagle County, Colorado ( "Eagle County ") is soliciting proposals from Construction Manager /General Contractors for construction services for boat ramp and site improvements at an open space property owned by Eagle County, known as the Colorado River Ranch, located along the Colorado River located 10.5 miles north of Dotsero on County Road 301, Colorado River Road. Services to be provided include construction of a concrete boat ramp, parking lot, vault toilet, fencing, landscaping and other site improvements (the "Construction Services "). This Request for Proposals ( "RFP ") will be non - exclusive. Eagle County reserves the right to purchase supplies or services from other contractors. Selection will be based on an evaluation of a number of factors including, but not limited to: price, recent experience in public park, boat ramp and waterway projects, local knowledge of the region, reputation, background capacity to meet schedules and budgets, quality of previous projects, familiarity with Eagle County and degree of interest shown. An optional pre - proposal site visit is scheduled for Friday June 14, 2013 at 10 a.m. MDT. Meeting location is onsite approximately 10.5 miles north of Dotsero on CR 301, Colorado River Road. Later arrivals will not be accommodated. Proposals must be received by U.S. Mail addressed to the Eagle County Project Management Department, ATTN: Rick Ullom, Construction Manager, P.O. Box 850, Eagle, CO 81631- 0850 or by FedEx, UPS, DHL or hand delivery to the Eagle County Project Management Department Office, Eagle County Maintenance Service Center, ATTN: Rick Ullom, 3289 Cooley Mesa Road, Gypsum Colorado, 81637, on or before 3:00 p.m., MDT on June 25, 2013. Any proposal received after this time will not be considered and will be returned to the respondent unopened. Only those proposals which comply with the conditions, requirements and instructions of this RFP will be considered. No telephone, email or facsimile proposals will be accepted. The RFP may be obtained at the same location identified above for receiving proposals, during the hours of 8:00 a.m. to 5:00 p.m. Mountain Time, Monday through Friday, by calling personnel at 970/328 -8880, or by return e-mail only. The complete document is also available at www.eaglecounty.us. The Request for Proposal notice is being published in the Eagle Valley Enterprise. Page 1 Eagle County, Colorado June 2013 Request for Proposal for Construction Services REQUEST FOR PROPOSALS INSTRUCTIONS TO PROPOSERS 1. Eagle County will be receiving sealed proposals at the office of the Eagle County Project Management Department, Eagle County Maintenance Service Center, 3289 Cooley Mesa Road, Gypsum Colorado, 81637, at which time they will be logged, but not publicly opened. 2. Any question, interpretation or clarification regarding this RFP is required no later than June 19, 2013. Responses will be issued in writing via addenda posted to http: / /www.ea leg coup .us /rfo /. All questions regarding this RFP must be in writing and submitted to Rick Ullom, Construction Manager. Questions may be faxed to 970 - 328 -8780 or emailed to rick.ullomgea lecoun , .us. Please call to verify receipt of your questions. No additional questions will be accepted after the date and time referenced above. Oral interpretations shall be of no force and effect. 3. Three (3) copies of your proposal are required. If brochures or other supportive documents are requested, then it is required that three (3) sets be submitted with your Proposal. Please include the name, address, and phone number of the respondent's submitting project personnel. Include primary staff contact information in the cover letter for follow -up correspondence. 4. Eagle County reserves the right, in its sole discretion, to reject any and all proposals submitted in response to this RFP, to waive or not waive informalities or irregularities in proposals received or in the RFP procedures. Eagle County also reserves the right to re- advertise, or to otherwise provide the services as determined by Eagle County to be in its best interest, and to accept any portion of the proposal deemed to be in the best interests of Eagle County to do so, or further negotiate cost, terms or conditions of any proposal determined by Eagle County to be in its best interests. 5. Eagle County may, at its sole discretion, modify or amend any and all provisions herein. If it becomes necessary to revise any part of the RFP, addenda will be provided through posting at http: / /www.eaglecounty.us /rfp /. Eagle County reserves the right to extend the RFP submittal date or to postpone the award of an agreement. 6. All proposals will be reviewed by a selection committee and may be subject to any other review as determined to be necessary. Respondents may be asked to supplement their initial proposals with additional written material. Eagle County may short-list respondents based upon an evaluation of the written submittals. Eagle County may arrange for in- person interviews with the short- listed respondents for a detailed presentation. 7. The selected proposal will be the one considered the most advantageous regarding price, quality of service, qualifications and capabilities to provide the specified service, familiarity with Eagle County and any other factors Eagle County may consider as determined by Eagle County in its sole discretion. Eagle County may award a contract even if not the lowest priced proposal. Page 2 Request for Proposal for Construction Services 8. A pre - proposal meeting may be requested by any respondent. In response to such request, Eagle County will schedule a pre - proposal meeting at a time and date convenient to Eagle County for visual observation of the existing site conditions for the Project. 9. Respondents are encouraged to clearly identify any proprietary or confidential data or information submitted with the proposal. Regardless of whether or not so marked, Eagle County will endeavor to keep that information confidential, separate and apart from the proposal. Notwithstanding the foregoing, respondent acknowledges that Eagle County may be required to release the information in accordance with the Colorado Open Records Act or order of the court. 10. Eagle County will not pay for any information requested herein, nor is it liable for any costs incurred by the respondent. 11. No work shall commence nor shall any invoices be paid until the successful respondent has entered into a fully executed agreement with Eagle County and provides the requested proof of insurance. 12. As of August 7, 2006, state and local government agencies are prohibited from purchasing services from any contractor that knowingly employs illegal immigrants to help carry out publicly funded work. Pursuant to the provisions of Colorado Revised Statutes, 8 -17.5 -101, contractors must certify that they are using the E -Verify Program or Department Program to verify the employment eligibility of new employees. If a contractor awarded contract violates the provisions of Colorado Revised Statutes 8- 17.5 - 101(2), the state or local government agency may terminate the contract and the contractor will be liable for damages to such agency. 13. No telephone, email or facsimile proposals will be accepted. 14. Proposals must be clearly identified on the front of the envelope by proposal title. Responsibility for timely submittal of proposals lies solely with the respondent. Proposals received after the closing time specified will not be considered. 15. Respondent(s) who submit a proposal are responsible for becoming fully informed regarding all circumstances, information, laws and any other matters that might, in any way, affect the respondent's role and responsibilities. Any failure to become fully knowledgeable shall be at the respondent's sole risk. Eagle County assumes no responsibility for any interpretations made by respondents on the basis of information provided in this RFP or through any other source. 16. All respondents must include a fully executed Proposal Form with their proposal. 17. Eagle County reserves the right to award an agreement to the respondent that demonstrates the best ability to fulfill the requirements of the Project. 18. This RFP is not intended to completely define the contractual relationship to be entered into with the successful respondent(s). 19. Upon identification by Eagle County of the successful respondent, Eagle County will give the successful respondent the first right to negotiate an agreement acceptable to Eagle County. In the event that an agreement satisfactory to Eagle County cannot be reached, Eagle County may enter Page 3 Request for Proposal for Construction Services into negotiations with one or more of the remaining respondents. Eagle County may choose to discard all proposals and re -issue another RFP. 20. The successful respondent will perform all of the work or services indicated in the proposal in compliance with the negotiated agreement. 21. The successful respondent shall comply with the following insurance and indemnification language which shall be included in the agreement to be awarded: Unless otherwise agreed to in writing by Eagle County, Contractor agrees to provide and maintain, at Contractor's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a) Types of Insurance. i) Workers' Compensation as required by law. ii) Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non -owned vehicles. iii) Commercial General Liability coverage to include premises and operations, personal/advertising injury, products /completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence; $1,000,000 products /completed operations aggregate, $1,000,000 personal/advertising injury, bodily injury and property damage $1,000,000 aggregate limits. b) Other Requirements. i) The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers as additional insureds. ii) Contractor's certificates of insurance shall include all subcontractors as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to the minimum requirements identified above. Contractor and subcontractors, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Contractor and its subcontractors until the applicable statute of limitations for the Project and the Services has expired provided that the coverage is commercially available at a reasonable premium. iii) Contractor's insurance coverage shall be primary insurance and non - contributory with respect to all other available sources. Contractor's policy shall contain a waiver of subrogation against Eagle County. iv) All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to County in the event of cancellation of coverage. v) All policies must be written by insurance companies whose rating in the most recent Best's rating guide is not less than A- (VII). Page 4 Request for Proposal for Construction Services vi) Certificates of Insurance with the required endorsements evidencing the coverage must be delivered to County prior to commencement of any Services under this Agreement and must be provided on an annual basis commencing on the first (1S) anniversary of the policy year and continuing thereafter, or at any time within fifteen (15) days after request therefor by County. Notwithstanding any other provision hereof, Contractor shall provide County a complete copy of any policy of insurance required hereunder within five (5) business days of a written request from County, and hereby authorizes Contractor's brokers, without further notice to or authorization by Contractor, to immediately comply with any written request of County for a complete copy of any policy required hereunder. vii) Contractor shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Contractor, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish to County a new certificate of insurance showing such coverage. viii) If Contractor fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. ix) The insurance provisions of this Agreement shall survive expiration or termination hereof. x) The parties hereto understand and agree that County is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. c) Indemnification. The Contractor shall indemnify and hold harmless County, its officers, agents and employees ( "Indemnitees ") against any losses, claims, damages or liabilities for which Indemnitees may become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon the negligent performance or nonperformance by Contractor or any of its subcontractors hereunder; and Contractor shall reimburse Indemnitees for reasonable attorney fees and costs, legal and other expenses incurred by Indemnitees in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the Indemnitees to the extent that Indemnitees are liable to such third party for such claims without regard to the involvement of the Contractor. d) The indemnity and hold harmless provisions of this Agreement shall survive expiration or termination hereof. County and Contractor hereby certify and agree that the indemnity and hold harmless provisions of this Agreement have been freely and mutually negotiated. Page 5 Request for Proposal for Construction Services REQUEST FOR PROPOSALS PROPOSAL FORM THIS PROPOSAL FORM MUST BE SUBMITTED WITH YOUR PROPOSAL TO: Eagle County Project Management Department Office ATTN: Rick Ullom, Construction Manager P.O. Box 850, Eagle, CO 81631 -0850 Eagle County Project Management Department Office Eagle County Maintenance Service Center ATTN: Rick Ullom 3289 Cooley Mesa Road Gypsum Colorado, 81637 Re: REQUEST FOR PROPOSAL FOR CONSTRUCTION SERVICES FOR EAGLE COUNTY OPEN SPACE COLORADO RIVER RANCH BOAT RAMP AND SITE IMPROVEMENTS The undersigned, having examined the Instructions to Proposers and any and all documents related to the above referenced RFP: (a) agree to comply with all conditions, requirements, and instructions of the Request for Proposal as stated or implied therein; (b) Acknowledges the right of Eagle County, Colorado in its sole discretion to reject any or all proposals submitted, and that an award may be made to a proposer even though not the lowest cost; (c) Acknowledges and agrees that the discretion of Eagle County, Colorado in selection of the successful proposer(s) shall be final, not subject to review or attack; and (d) Acknowledges that this proposal is made with full knowledge of the foregoing and full agreement thereto. (e) Acknowledges and agrees that they have reviewed all identified documents and existing site conditions. By submission of this proposal, and signature below, the respondent acknowledges that it has the authority to sign this Proposal Form and bind the company named below. The proposer further acknowledges that Eagle County, Colorado has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to Eagle County of any and all information sought in such inquiry or investigation. Company Name: Ewing Trucking & Construction, LLC Title of Proposer: Bart Ewing, Manager Signature of Proposer: WW Page 6 Request for Proposal for Construction Services REQUEST FOR PROPOSAL FOR CONSTRUCTION SERVICES FOR EAGLE COUNTY OPEN SPACE COLORADO RIVER RANCH BOAT RAMP AND SITE IMPROVEMENTS Eagle County, Colorado June 2013 I. PROJECT DESCRIPTION Eagle County is soliciting Proposals and Statement of Qualifications (collectively a "Proposal ") from Construction Manager /General Contractors for the provision of construction services for boat ramp and site improvements at an open space property owned by Eagle County, known as the Colorado River Ranch, located along the Colorado River located 10.5 miles north of Dotsero on County Road 301, Colorado River Road (the "Property"). The purpose of this project (the "Project ") is to construct a new concrete boat ramp, parking lot, vault toilet, fencing, landscaping and other site improvements on the Property (the "Construction Services "). The objective of the request is to select a highly - qualified Construction Manager /General Contracting (CM/GC) firm to provide construction services for the Project. II. SCOPE OF SERVICES Design Plans and Specifications for the Project are attached hereto as Exhibit "A" The Scope of Services is generally set forth below. • Asphalt paving at the entrance and Railroad underpass. • Fencing access and parking area. • Site layout, staking and sitework grading and aggregate placement at the 2 acre parking area. • Site layout, excavation, backfill, and concrete sidewalk and ADA parking space at the prefabricated vault toilet supplied by the County. • Coffer dam, dewatering, excavation; rip rap and concrete boat ramp. • Landscaping, reseeding and signage. • Permitting and monitoring to include, but not limited to Storm Water Management Plan and Dewatering Permits along with other Best Management Practices identified. III. PROPOSAL SUBMITTAL REQUIREMENTS Respondents should address each of the evaluation criteria listed below and provide specific examples of projects they have undertaken that demonstrate their qualifications. These criteria are not listed in any order of evaluation priority and the list is non - exhaustive. Eagle Page 7 Request for Proposal for Construction Services County may seek additional information or perform further investigations as it deems necessary. A. Proposal Form: The Proposal Form included in the RFP must be signed and submitted with your firm's proposal. B. General Approach to the Project: Provide a narrative or other form to explain your firm's intended approach to the overall Project. C. Qualifications: Briefly explain your firm's qualifications to provide the Constructions Services for this Project, e.g., years in business, staffing, vehicles to be utilized, etc. D. Experience: Each firm will be evaluated based on its overall experience providing construction services for similar projects, experience with construction practices and procedures in river environments and experience with local government projects and regulations. Evaluation of experience will include the following: 1. Resumes of the proposed members of the project management team who will be committed to the Project, including, but not limited to, the superintendent and project manager for the Construction Services. Resumes must include a description of the person's qualifications and past experience on similar projects; and 2. The firm's experience with construction projects and river construction environments. Provide specific examples of similar or larger projects your firm has completed. Please provide three (3) separate references or examples of three projects for the same customer receiving the same or similar services as the Construction Services being requested. For each reference please provide the name of the entity, contact name and telephone number. E. Schedule and Budget Constraints: Identify your firm's ability to undertake and complete the Project in a timely manner. The Project goal is to commence construction by July 8, 2013 with project completion by August 29, 2013. To accomplish these deadlines, Eagle County will procure the vault toilet required for the Project for delivery during mid - August. 1. A Cost Proposal, attached hereto as "Exhibit B ", shall be submitted by each firm and signed with acknowledgement of the conditions contained therein. F. Practices and Procedures: Describe the firm's construction project management approach; quality control and assurance procedures; safety record and program; and any other pertinent factors as deemed appropriate for a project of this scope. G. Familiarity with Eagle Count. Provide a narrative describing familiarity with the Eagle County, government offices and familiarity with Colorado Department of Transportation and County Bridge Construction procedures, local construction conditions, codes and practices. H. Legal Issues: Are any lawsuits, federal, state or local tax liens, or any potential claims or liabilities pending against you, your firm, your team members or the officers of the firm at this time or within the last three years? If yes, please explain. 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L (r O O O O� Q W O N T O CL O M r- CL lei r- 4� clq M ° N N w •i LO U) N1�' d .?_' N +.+ N CD V M Cl) O LO CD CD CO m J � W r •i-� O Q W C7 .E U U U U 'c Cf) (n U) F00 U) D N C e �fft�t ♦V 0 E O Q E m U U� N cCd E ca 0 CL O C ° Q O 0° = C U � � m c v L w a) m° C v cn o m O z C y `° o U C U O P c r m n v (n 0 � cu (A u) C N - V o E m .- v m Y m y m °' (O N U m m m a CL _ L N v m m U m c O c — (. 0 c—oa ° m o CY aci E (D U) v o E E ca m T a 0� °_° W 0 Z E o E m m m ° � � f6 to m — O cc V 75 � " c N N E m � tL3 W W LL c c v �- Z n (n (n `—° Z C° 0 0 L. m m C cm m m m° o L- N O ►— u m o c E O m v -E 'r c B U U- U- U z U- U- u0 c NC t6 C G Wco M M m to m co M 7 V' V O U Z cn EXHIBIT D PROOF OF INSURANCE 17 '4CC>R ° CERTIFICATE OF LIABILITY INSURANCE DATE (MM / °D/YYYY) 5/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moody - Valley Insurance Agency, Inc. NAMEACT Linda Patterson, CRIS PHONE (970) 248 -8300 FAX No: (970) 242 -1894 PO Box 1509 E-MAIL ins.com 1 atterson @mood ADDRESS: P Y 604 25 Road Grand Junction CO 81502 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA:Cincinnati Insurance Companies GENERAL LIABILITY INSURED INSURER B kinnacol Assurance 41190 Ewing Trucking and Construction, LLC. INSURERC: EACH OCCURRENCE P.O. BOX 2303 INSURER D: X COMMERCIAL GENERAL LIABILITY INSURER E : Edwards CO 81632 INSURERF: PREMISES Ea occurrence COVERAGES CERTIFICATE NUMBER:1314GLBAwCUMB RFVISif)N NI IMRFP: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM /DD POLICY EXP MM /DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100,000 A CLAIMS -MADE ❑X OCCUR EPP0171971 /1/2013 /1/2014 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS- COMP /OPAGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMMA LIMIT aE�DISINGLE 1 000 000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHE ULEO PPO171971 /1/2013 1/1/2014 ( ) BODILY INJURY Peraccident $ X HIRED AUTOS NON -OWNED EX AUTOS PROPERTY DAMAGE Peraccid t $ Medical payments $ 5 000 19 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS -MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,OOC $ EPP0171971 /1/2013 /1/2014 B WORKERS COMPENSATION I WC STATU- OTH- AND EMPLOYERS' LIABILITY YIN E.L. EACH ACCIDENT $ 1,000,000 ANY PROPRIETOR/PARrNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) NIA 856142 1/1/2013 1/1/2014 E.L. DISEASE- EA EMPLOYEE ... $ 1,000,000 If yes, describe under E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Eagle County P O Box 850 Eagle, CO 81631 I.AIVI+GLLA I RAM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Patterson, CRIS /LIN �-^—— A.,vrmi to (cu,VIVO) (919t5U -2010 AGORD CORPORATION. All rights reserved. INSO25lgmnnel ni Tha ACr)Rrl noma nnrf Innn ara ranicfararl marlrc of Ar'r*lPn