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Home My WebLink AboutC13-237 Johnson Construction Agreement CONSTRUCTION AGREEMENT GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT THIS CONSTRUCTION AGREEMENT is dated as of the I day of AU, Colorado, a body corporate and politic, acting b and through its 2013,by and between Eagle County, Colo y rp p Board of County Commissioners (hereinafter called "County" or "Owner") whose address for purposes hereof is P.O. Box 850, 500 Broadway, Eagle, CO 81631, and Johnson Construction, Inc. a corporation licensed to work in the State of Colorado (hereinafter called "Contractor")whose address for purposes hereof is P.O. Box 1640, Rifle, CO 81650. Owner and Contractor, in consideration of the mutual covenants set forth, herein agree as follows: ARTICLE 1 —THE PROJECT AND THE WORK 1.1 The construction project which is the subject matter hereof is generally described as follows: Gypsum to Dotsero Trail Retaining Wall Project (the"Project"). Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents ("Work"). 1.2 A more complete description of the Project and a description of the applicable Project site(the "Site") is provided by the Contract Documents. 1.3 Capitalized terms that are not defined in this Agreement shall have the meanings ascribed to them in the General Conditions and (or) the other Contract Documents as applicable. 1.4 The intent of the Contract Documents is to include all items reasonably necessary for the proper execution and completion of the Work. The Contract Documents are complementary and what is required by any one shall be binding as if required by all. Based on Contractor's careful review of the Contract Documents, Contractor acknowledges that the Contract Documents require the construction of a completed Project in accordance with the terms hereof. 1.5 Contractor shall perform all the Work required by the Contract Documents or reasonably inferable therefrom, for the complete construction of the Project in accordance with the Contract Documents. Contractor shall provide and furnish all materials, supplies, equipment, tools, implements, all other facilities, and all other labor, supervision, security, transportation, utilities, storage, appliances and all other services as and when required for or in connection with the complete construction of the Project. 1.6 If the Work is taking place on property owned by other federal, state or local governmental entities, or a public utility or other third party, Contractor shall comply with any additional terms and conditions required by applicable law and (or) applicable permits. ARTICLE 2 - OWNER'S REPRESENTATIVE 2.1 The Project is under the authority of the ECO Trails Department, the Manager of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. C(� 13.1- 2.2 Contractor's representative is Rob Bercher. 2.3 Neither Owner's nor Contractor's representative shall be changed with less than ten(10) days prior written notice to the other party. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before November 1, 2013("Contract Time"). 3.2 Contractor shall employ all such additional labor, services and supervision, including such extra shifts and over time, as may be necessary to maintain and to achieve final payment in accordance with the Contract Documents on or before November 1, 2013 all without an increase in the Contract Price. 3.3 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving at a legal or arbitration hearing, the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay(but not as a penalty) Contractor shall pay Owner Three Hundred dollars ($300.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. ARTICLE 4 - CONTRACT PRICE 4.1 Owner shall pay Contractor, for Contractor's performance of the Work under the Contract Documents, an amount not to exceed$495,871.80 ("Contract Price"). 4.2 Notwithstanding anything in the Contract Documents to the contrary, the Contract Price(which is based primarily upon unit prices) includes, without limitation,the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contractor Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead or profit. The quantities associated with unit prices may be adjusted as set forth in the Contract Documents subject to the not to exceed Contract Price. In no event shall the unit prices set forth in Contractor's Bid Form be adjusted. 4.3 Contractor acknowledges that Owner is a tax exempt entity and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 4.4 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents. 4.5 Pursuant to the provisions of§24-91-103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any 2 force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy-granting provision in the Agreement. 4.6 Eagle County is a governmental entity and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Specifically, notwithstanding anything to the contrary contained in this Agreement, Owner shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the Owner in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1.-1.01 et. seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). ARTICLE 5 -PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price and as provided in the Contract Documents. All progress payments will be on the basis of the progress of the Work. Owner 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. 5.2 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. 5.3 Each Application for Payment shall be based upon the unit prices,percentage of completion, and Contract Price and otherwise in accordance with the Contract Documents. Each Application for 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. 5.4 Prior to Completion, Owner shall authorize partial payments at the end of each calendar month or as soon thereafter as practicable if Contractor is satisfactorily performing the Agreement. Progress payments will be in an amount equal to: 95% of the Work completed. The withheld percentage of the Contract Price shall be retained until the Agreement is completed satisfactorily and finally accepted by the public entity. 5.5 Progress payments and retained funds shall occur in compliance with the General Conditions attached hereto and C.R.S. §24-91-103. 5.6 In taking action on Contractor's Applications for Payment, Owner 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) Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii)Owner has made exhaustive or 3 continuous on-site inspections of the Work; or(iii) Owner has made examination to ascertain how or for what purposes Contractor has used amounts previously paid on the Contract Price. 5.7 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing thereon and complied with C.R.S. §38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statute. Owner shall make a final settlement in accordance with C.R.S. 38-26-107 within sixty days after the contract is completed satisfactorily and finally accepted by Owner. 5.8 Owner may withhold payments due to Contractor, to such an extent as may be necessary to protect Owner from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Work in accordance with this Agreement. 5.9 Notwithstanding the fact some of the Work may occur on property owned by third parties that are not governmental entities,the Contractor acknowledges and agrees that payment shall be made in accordance with C.R.S. 24-91-103 and C.R.S. 38-26-107 and hereby waives it right to lien the property. Contractor shall include the language of this paragraph 5.9 in any subcontracts for the Project. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work,locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost,progress,or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests,reports, or similar data are, or will be required by Contractor for such purposes. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests,reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 6.5 In performing the Work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor,is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become 4 employees, agents or servants of the Owner because of the performance of any work by this Agreement. 6.6 Contractor represents and warrants that it holds a license,permit or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. 6.7 Contractor shall maintain insurance as set forth in the General Conditions. Before permitting any of his subcontractors to perform any Work under this Agreement, Contractor shall require each of his subcontractors to procure and maintain such insurance as set forth in the General Conditions. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Contractor's Bid Form attached as Exhibit A. 7.3 Bid Documents including Invitation to Bid, Instructions to Bidders, Special Provisions and Supplementary Information attached as Exhibit B. 7.4 Construction Plan Set dated June 19, 2013 attached as Exhibit C. 7.5 Addendum(s) 1 and 2. 7.6 Performance and other Bonds. 7.7 Notice of Award and,if any, Notice to Proceed. 7.8 General Conditions (Pages I to 30, inclusive) attached as Exhibit D. 7.9 Any modification, including Change Orders, duly delivered after execution of Agreement. The parties acknowledge and agree that this Agreement and the General Conditions attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 -BONDS 8.1 Not later than five business days following the execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding 5 anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. ARTICLE 9- SUBCONTRACTS AND OTHER AGREEMENTS 9.1 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"). 9.2 All Subcontracts shall conform to provisions of this Agreement. Owner shall have the right to review and approve each form of Subcontract. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, the Contract Documents to which the subcontractor will be bound by this paragraph 9.2. Each subcontractor shall similarly make copies of such Contract Documents available to its subcontractors. Owner shall have the right to review and approve each form of Subcontract. 9.3 Contractor shall be responsible to Owner for the acts and omissions of its agents, employees, suppliers, subcontractors performing Work under a contract with Contractor and such subcontractors' lower-tier subcontractors, agents and employees. 9.4 Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and Owner. ARTICLE 10-MISCELLANEOUS 10.1 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 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. 10.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto,in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.3 ATTORNEY'S FEES: In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall 6 recover all reasonable costs incurred with regard to such litigation,including reasonable attorney's fees. 10.4 Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied,of any of the immunities,rights,benefits, protection, or other provisions of the Colorado Governmental Immunity Act. 10.5 APPLICABLE LAW: This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit,right, or cause of action arising under, or in connection with this Agreement shall be exclusive in District Court for Eagle County, Colorado. 10.6 INTEGRATION: This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 10.7 NOTICE: Any notice and all written communications required under this Agreement shall be (i)personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: County: With a copy to: Board of County Commissioners ECO Trails Eagle County, Colorado PO Box 1070 P. O. Box 850 Eagle, CO 81637 Eagle, CO 81631 Telephone: (970) 328-3523 Telephone: (970) 328-8605 Fax: (970) 328-3539 Fax: (970)328-7207 Contractor: Johnson Construction Inc. PO Box 1640 Rifle, CO 81650 Telephone: (970)625-2251 Notices delivered in person shall be effective as of the date of delivery, mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. 10.8 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: 7 If Contractor (hereinafter "Consultant" for purposes of paragraph 10.8) has any employees or subcontractors, Consultant 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, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant 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. A. Consultant 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 Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant 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/xprevprot/programs/gc 1185221678150.shtm C. Consultant 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. D. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Consultant shall be required to: (i) Notify the subcontractor and the County within three days that the Consultant 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 Consultant 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. E. The Consultant 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). 8 F. If Consultant 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 Consultant shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Consultant violates this provision of this Contract and the County terminates the Contract for such breach. 10.9 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 Owner. Owner and Owner'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. 10.10 Any indemnity, warranty or guaranty given by Contractor to Owner 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 on the Contract Documents. 10.11 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Work or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Work and Contractor should not employ any person having such known interests. 10.12 In the event a change order or amendment to the Contract Documents is agreed to by the parties, the same shall be in writing and executed by both parties. Signature by Owner shall occur in compliance with Owner's contract approval policy. 9 IN WITN SS WHEREOF, the parties have executed this Agreement this P day of strwr , 2013. EAGLE COUNTY, COLORADO By and Through Its BOARD OF COUNTY Q , 1 MMISSIONERS o ATTEST 1 A) .i • iii '::, By: 'tQR�' Clerk of thf Sara J. Fishe ,Chairman County Commissioners "Contractor": d O HAS p 11/41 Coe? S 7-/BA-P By: ./72S _Z -/'--Y R64) ar465,erW — t/0c/ "PpO4K STATE OF COLORADO ) COUNTY OF EAGLE ) ss. fk/,AI # 3'L,/ - '973v f The foregoing instrument was acknowledged before me by gob 6 cycler, this P- , day of f\ A3w 4- , 2013. My commission expires: S/oy /goi KARI BERCHER ''otary Public NOTARY PUBLIC STATE OF COLORADO My Commission Expires 05/04/2016 10 EXHIBIT A GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT 4 � '.... --;.$ ' trs .r...... ........A ar A ,,,,i.:, , ,`' t"ss„< .r '9v-i.,,.. J"S N '`. . .,-. ti'.'.ra'..: :., a . _. Unit Item# Description Unit Quantity Price Total 01 Mobilization LS 1 23,750.00 23,750.00 02 Clearing and Grubbing LS 1 10,275.00 10,275.00 Unclassified Excavation, wall trench and 03 trail CY 3,000 13.65 40,950.00 Geotextile Fabric, wall trench and below 04 trail SF 27,500 0.25 6,875.00 Crushed stone leveling pad and subsurface 05 drain outlet(AASHTO M43, no. 57) CY 160 57.55 9,208.00 06 Redi-Rock block, includes embedment SF 7,091 33.00 234,003.00 Crushed stone wall backfill (AASHTO 07 M43, No. 57) CY 400 48.15 19,260.00 Common fill (On site soil free of rocks larger than 3"in diameter, organic material or other deleterious material, or similar 08 import) CY 1100 4.90 5,390.00 09 CDOT Class 1 structural backfill material CY 740 36.75 27,195.00 CDOT Class 6 aggregate base course 400 10 (AASHTO M147) CY 46.50 18,600.00 11 HMA (GR-SX) (75) (PG58-28) TN 300 121.00 36,300.00 12 Fence, wood with wire LF 1,100 29.00 31,900.00 13 Retaining wall boulder(rock buttress wall) SF 1,425 11.25 16,031.25 14 Solid 4" diameter drain pipe LF 176 8.55 1,504.80 15 Sock drain LF 1,120 1.70 1,904.00 16 Erosion Log(12 inch) LF 1,200 4.20 5,040.00 17 Silt fence, necessary locations tbd LF 500 2.20 1,100.00 Topsoil (place 4"), certified weed free, 19 match topsoil to base course shoulders CY 8 78.50 628.00 Seeding(seed provided by Owner) (apply seed,provide and apply fertilizer and 20 mulch) AC .25 3,675.00 918.75 21 Stabilized Construction Entrance EA 2 582.00 1,164.00 22 Construction Surveying LS 1 2,035.00 2,035.00 23 CDPHE Permit LS 1 300.00 300.00 24 Utility potholing, (fiber) EA 4 335.00 1,340.00 25 Rip rap, 6" (at existing culvert) SF 20 10.00 200.00 TOTAL BID $495,871.80 An Alternate wall type is proposed with this Bid Submittal: NO 11 Exhibit B eCOtrails INVITATION TO BID BRIEF DESCRIPTION OF PROJECT The ECO Trails Program of Eagle County Government is requesting bids for the construction of a retaining wall with paved trail for purposes of bicycling and walking between Gypsum and Dotsero. The project includes construction of 7,091 square feet of retaining wall with 1,350 linear feet of asphalt trail in between Highway 6 and the Eagle River. The project includes an estimated 300 tons of asphalt paving and 1,100 linear feet of wood railing. BID DOCUMENTS As of June 20, 2013 Bid documents can be obtained from the ECO Trails office at 3289 Cooley Mesa Road, Gypsum, CO 81637, Monday through Friday, 8:00 a.m. to 5:00 p.m. Bid information may also be obtained at www.eaglecounty.us/Facilities/RFPs/RFOs/. MANDATORY PRE-BID MEETING A mandatory pre-bid meeting will be held on Tuesday,July 2 at 2:00 p.m. local time at the Eagle County Maintenance Service Center, Building A meeting room, 3289 Cooley Mesa Road, Gypsum, CO 81637. Bidders are required to attend. BID SUBMITTAL All bids are to be sent or delivered to: Mailing: ECO Trails PO Box 1070 Gypsum, CO 81637 Physical: ECO Trails office 3289 Cooley Mesa Road Gypsum, CO 81637 Monday through Friday, 8:00 a.m. to 5:00 p.m. Bids for the work ARE DUE AT 2:00 P.M. LOCAL TIME ON MONDAY, JULY 15, 2013 AT 3289 COOLEY MESA ROAD, BUILDING A MEETING ROOM, IN GYPSUM and at that time will be opened and read aloud. All bids must be enclosed in a sealed envelope plainly marked: "Gypsum to Dotsero Trail Retaining Wall Project" Any bids received after the above specified time will be immediately returned to the Bidder unopened. Eagle County reserves the right to reject any and all bids and to waive informalities herein. Bids may not be withdrawn after opening for a period of thirty(30) days. 3 eCOtrails ADDENDUM #1 GYPSUM TO DOTSERO TRAIL RETAINING WALL July 10, 2013 Bidders shall acknowledge a recei t of this Addendum #1 on the Bid Form. Failure to do Bidd g p so may render the Bidder's bid non-responsive. The following changes, additions, or deletions shall be made to the Bid Specifications and Construction Plan Set as indicated, and all other conditions shall remain the same. 1. Change in Bid Due date: The closing date for receiving bids is revised to Thursday, July 18, 2013 at 3:00 p.m. in the office of ECO Trails, 3289 Cooley Mesa Road, meeting room A, Gypsum, CO 81637. At such time, bids will be opened and read aloud. 2. Change in Project Completion Date: Project completion date is revised to November 1, 2013 and pertinent revisions to the contract documents to reflect the revised date will be included in Addendum #2. 3. Issuance of Addendum #2: Addendum #2 will be issued by 12:00 noon on Friday, July 12, 2013. END OF ADDENDUM NUMBER 1 trails ADDENDUM#2 GYPSUM TO DOTSERO TRAIL RETAINING WALL July 12, 2013 Bidders shall acknowledge receipt of this Addendum#2 on the Bid Form. Failure to do so may render the Bidder's bid non-responsive. The following changes, additions, or deletions shall be made to the Bid Specifications and Construction Plan Set as indicated, and all other conditions shall remain the same. 1. It appears the unclassified excavation quantities will require the export of approximately 2700 CYs of material once the common fill, block wall,#57 backfill materials, Class 1, base course, asphalt and topsoil are factored in. Is that correct? It is correct that approximately 2,700 cubic yards of export are anticipated. If free of deleterious material, the unclassified excavated soils could be used as boulder wall backfill. Boulder wall backfill is estimated at approximately 800 cubic yards and has been added to the"Common Fill" bid item to identify that work separately from Boulder Wall line item. 2. Does CTL have any calculations that determined the quantities? We do not have a calculation package. We determined quantities using areas of excavation for several sections, and then multiplied the areas by approximate length of trail where the sectional areas were appropriate. 3. Are the export costs to be included in Item#3, Unclassified Excavation? • See item#1 above regarding boulder wall backfill as well as Sheet 10 notes 20 and 23, and Section 4 of Special Provisions. 4. Alternate wall to Redi-Rock: CastleWall HD system. Oldcastle can provide engineered drawings with the final design. What additional information you will require to approve it as an acceptable alternative? We find that supplier's calculations are for simplified geometries to represent surcharge loads and resisting forces. Global stability considering the specific site is not normally evaluated, and is critical at this site. We would review alternatives to Redi-Rock; however, the calculations would need to reflect this site specifically and evaluate both wall stability and global stability. 5. Where is the 1,425 square feet of Rock Buttress Wall? We have revised sheets 3 and 4 to more clearly define the location. 6. Can we use on-site rock(if large enough)for the Rock Wall? Yes, subject to Engineer and Owner final approval. 7. Can you quantify the extra dirt to export? See response to question#1. 8. Can we use river rock instead of the CDOT spec rock for the rock wall? It is assumed the reference is to CDOT Class 6 aggregate base course. If a gradation analysis on the proposed "river rock" is similar to the gradation for a Class 6 aggregate base course the alternative material would be appropriate, subject to Engineer and Owner final approval. 9. Can we run a 40,000 lb.track hoe directly on Highway 6? COOT and Engineer have both responded. The equipment would be a CAT 320 or similar, and if so the load on a track is about 800 pounds per square foot. However, it may double when boom is xtended and placing a block. No equipment loads are recommended within 4 feet of gu rdrail. This should also leave enough room to allow one traffic lane to be open. Any damage to oadway must be repaired by Contractor. Per CDOT permit, cleated or tracked equipment shell not work on or move over paved surfaces without mats, or pads on tracks. 10. Sheet A2 says "wall designed by others". Are we designing and stamping the Redi-Rock? Sheet A2 is part of wetlands permit submittal, is conceptual and precedes the stamped deeign plans. Disregard Sheet A2 for any purpose other than wetlands information. 11. Are We using Rare Duck Open Space as Staging Area? Rare Duck Open Space is available for staging but limited to already disturbed areas only on east end of the property and staging site plan is subject to final approval of the Open Space Director. See Section 6 of Project Access and Staging, Special Provisions. 12. Is there a water source? Construction water is available from the Town of Gypsum and with the Town's final approval (Public Works Dept. 970-524-3131), construction water can be pulled directly from G psum Creek into a water truck. Town staff has indicated there would be no cost for this public project. At this time, the Town is not allowing hydrant meters. 13. Can We have a line item for Traffic Control by the hour? Traffic Control needs are the responsibility of the Contractor to estimate and bid. As discussed at the pre-bid meeting, one lane of traffic is not acceptable during non-work hours but is acceptable during work hours with appropriate controls e.g. flaggers, devices. 14. Are We required to obtain any permits? Eagle County has an open CDPHE Stormwater Permit for the entire Gypsum to Dotsero Trail Project length and potential transfer of a portion of that permit to the selected Contractor may be necessary. Processing of permitting and transfers is approximately two weeks and requires a fee of less than $300. A line item has been added to the Bid Form to accommodate this potential fee. Contractor is not required to obtain any other local, state or federal permits. 15. Who pays for the compaction testing? Owner is responsible for materials testing and observation services for the project. 1 16. What is project budget? Estimated project cost is under$400,000 for construction,testing and services. 17. Will shoring be necessary? No. Design method minimizes excavation. 18. What is deepest excavation? Approx. 5 feet. See cross sections and construction methods sheets 5-7. 19. Was rock found in soils testing? Rock was not found in any of the test bores. 20. What is thickness of footer? Inconsistent information on plans. The leveling pad thickness shall be 6 inches consistently. 21. Are Redi Rock blocks available? Contractor to determine availability. 22.Will erosion control BMP's need to stay in after wall completion? Erosion control logs may need to remain in place until re-vegetation has occurred due to proximity of Eagle River. To be determined near completion of construction. 23. Topsoil quantity does match area of disturbance, Bid quantity will remain the same. As noted in pre-bid meeting, additional topsoil may be generated, hauled, and placed by others. 24. Does the Class 6 quantity include the 1' gravel shoulder on each side of asphalt? An additional volume of 60 cubic yards of Class 6 for the trail shoulder has been added to the Bid Form item #10 for a total of 400 cubic yards. 25. Does asphalt quantity include asphalt to end of job i.e.end of rock walls? Yes, the asphalt is for 1,350 feet of trail, which includes the trail from end of rock wall to end of rock wall. 26. Should we install any rip rap at end of existing culvert that will extend from under wall? Yes, a bid line item has been added. 27. What is the diameter and length of the railings for the post and rail fence? Has the installation detail been amended? The 6" posts are spaced at 8 feet. The diameter of the rails is 5". The fence is 3-rail. The wire mesh quantity is approximately 6,075 square feet and it is sold in panels due to rigidity. • To facilitate future replacement of fence sections as needed, the installation of the fence is amended as follows: Install 13"sleeve of 6" PVC in the block slot and install concrete around the PVC sleeve. Install wood post in PVC sleeve and install grout to fill any void between wood post and PVC. End fence at either end of project at 35 to 45 degree angle to trail, to be determined in field. 28. Clarity the trail pavement cross-section: The trail asphalt shall be 8 feet wide with 1 foot of compacted Class 6 shoulder on each side of trail. The depth of trail asphalt is 3 inches. The depth of Class 6 under the trail is 6 inches. An additional 3 inches df Class 6 depth comprise the compacted shoulders to match finish grade of asphalt. Per Item #24,the Class 6 quantity has been revised to reflect the inclusion of the Class 6 quantity for the shoulderitig. 29. The edi-Rock style shall be Limestone with a buff colored water based penetrating stain called "Mounta n". Any alternate product proposed must include color and style information and subject to Owner's inal approval. 30. Bidder's must indicate on the Bid Form if an wall type other than Redi Rock is proposed as part of the submitted Bid. 31. Fiber potholing has been added as line item. The OH phone line burial is not included as an added item. 32. Pleae note in consideration of work days and traffic control costs, CDOT Permit requirements (include41 in original bid package), state holiday weekends between August 15 and November 1 are Lab o Day(8/30-9/2) and Discovery Day(10/11-10/4).Work must cease at noon on Friday and can reco�nmence on Tuesday a.m. 33. 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DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the Contract Documents (e.g., the contract form) have the meanings assigned to them therein. The term"Successful Bidder" means the lowest, qualified, responsible bidder to whom Owner(on the basis of Owner's evaluation as hereinafter provided)makes an award. 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents may be obtained from Owners Project Manager, ECO Trails as stated in the Invitation to Bid. 2.2 Complete sets of the Bidding Documents shall be used in preparing bids; Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining bids on work, and does not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS 3.1 To demonstrate qualifications to perform the work, each bidder must be prepared to submit, within five (5) days of Owner's request, written evidence, such as financial data, additional previous experience, and evidence of authority to conduct business in the jurisdiction where the project is located. Each bid must contain evidence of the bidder's qualification to do business in Colorado, or a covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 Before submitting a bid, each bidder must (a) examine the Contract Documents thoroughly; (b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress, or performance of the work; (c) familiarize himself with federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect cost,progress, or performance of the work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. 4.2 Before submitting his bid, each bidder will, at his own expense, make such investigations and tests as the bidder may deem necessary to determine his bid for performance of the work in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.3 On request, Owner will provide each bidder access to the site to conduct such investigations and tests as each bidder deems necessary for submission of his bid. 4.4 The lands upon which the work is to be performed rights-of-way for access thereto, and other lands designated for use by Contractor in performing the work are identified in the Contract Documents. 4 4.5 The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this Article 4, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of this work. 5. INTERPRETATIONS 5.1 All questions about the meaning or intent of the Contract Documents shall be submitted to ECO Trails in writing to the physical address or mailing address listed above or to elliq.caryl @eaglecounty.us by Monday, July 8, 2013 by 3:00 p.m. 5.2 Re s I ies will be issued in writing by Addenda mailed, delivered or emailed to all parties recorded by :CO Trails as having received the Bidding Documents. Questions received after the due date for luestions will not be answered. Only questions answered by formal written Addenda will be bin'ing. Oral and other interpretations or clarifications will be without legal effect. 6. BI• SECURITY 6.1 Bid security shall be made payable to Owner ( Eagle County) in an amount of five percent (5%) of the bidder's maximum bid price, and in the form of a certified or bank check, or a bid bond issued by a surety meeting the requirements as set forth in the General Conditions. 6.2 The bid security of the successful bidder will be retained until such bidder has executed the Agreement and furnished the required contract security, whereupon it will be returned; if the suceessful bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15) days of the Notice of Award, Owner may annul the Notice of Award and the bid security of the bidder will be forfeited. The bid security of any bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the thirty-first (31St) day after the bid opening. Bid security of other bidders will be returned within seven(7) days of the bid opening. 7. CONTRACT TIME °; Th estimated period of the time to complete the work is six to seven weeks. Notwithstanding the oregoing, the date by which the work is to be complete (the Contract Time) is set forth in the id form as October 1, 2013 and will be included in the Agreement. 8. LI UIDATED DAMAGES 8.1 Pro-visions for liquidated damages, if any, are set forth in the Agreement. 9. SUl STITUTE MATERIAL AND EQUIPMENT 9.1 They Contract, if awarded, will be on the basis of material and equipment described in the Drawings as specified in the Specifications without consideration of possible substitute or "or- equtl" items. Whenever it is indicated in the Drawings, or specified in the Specifications, that a sub titute or"or-equal"item of material or equipment may be furnished or used by Contractor if acc ptable to Owner, application for such acceptance will not be considered by Owner until after the ffective date of the Agreement. 5 10. SUBCONTRACTORS, ETC. 10.1 If the Contract Documents require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent successful bidder, and any other bidder so requested, will, within seven(7) days after the day of the bid opening, submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment)proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor,person and organization if requested by Owner. If Owner, after due investigation,has reasonable objection to any proposed subcontractor, other person, or organization, Owner may,before giving the Notice of Award, request the apparent successful bidder to submit an acceptable substitute without an increase in bid price. If the apparent successful bidder declines to make any such substitution, the contract shall not be awarded to such bidder, but his declining to make any such substitution will not constitute grounds for sacrificing his bid security. Any subcontractor, other person, or organization so listed, and to whom Owner or ECO Trails does not make written objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner. 10.2 In contracts where the contract price is on the basis of Cost-of-the Work Plus a Fee, the apparent successful bidder, prior to the Notice of Award, shall identify in writing to Owner those portions of the work that such bidder proposes to subcontract and, after the Notice of Award,may only subcontract other portions of the work with Owner's written consent. 10.3 No contractor shall be required to employ any subcontractor, other person, or organization against whom he has reasonable objection. 11. BID FORM 11. 1 The Bid Form is attached hereto; additional copies may be obtained from ECO Trails. 11.2 Bid Forms must be completed in ink or by typewriter. 11.3 Bids by corporations, must be executed in the corporate name by the president or a vice president(or other corporate officer accompanied by evidence of authority to sign), and the corporate seal must be affixed and attested by the secretary, or an assistance secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name, and signed by a partner whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The bid shall contain an acknowledgement of receipt of all Addenda(the numbers of which shall be filled in on the Bid Form). 6 11.7 The address and telephone numbers to which communications regarding the bid are to be ditected must be shown. 12. SUBMISSION OF BIDS 12.1 Bids shall be submitted not later than at the time and place indicated in the Invitation to Bid, and shall be included in an opaque, sealed envelope,marked with the project title, and name and address of the bidder, and accompanied by the bid security and other required documents. If the bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation"Gypsum to Dotsero Trail Retaining Wall BID ENCLOSED"on the face thereof 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that bid must be executed),and delivered to the place where bids are to be submitted, at any time prior to the opening of bids.. 13.2 If within twenty-four(24)hours after bids are opened, any bidder files a fully signed written notice with Owner, and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his bid,that bidder may withdraw his bid, and the bid security will be returned. Thereafter,that bidder will be disqualified from further bidding on the work. 14. OPENING OF BIDS 14.1 When bids are opened publicly, they will be read aloud, and an abstract of the amounts of the base bids and major alternates (if any) will be made available after the opening bids. 15. BIDS TO REMAIN OPEN 15.1 Ail bids shall remain open for thirty(30) days after the day of the bid opening,but Owner may, in his sole discretion, release any bid and return the bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all bids, to waive any and all informalities, to negotiate contract terms with the successful bidder, to delete or add work on the bid and adjust cdst accordingly, and reserves the right to disregard all nonconforming, non-responsive, or conditional bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures, and the correct sum thereof, will be resolved in favor of the correct sum. 16.2 I evaluating bids, Owner shall consider the qualifications of the bidders, whether or not the b ds comply with the prescribed requirements, and alternates and unit prices if requested in the b d forms. It is the owner's intent to accept alternates (if any are accepted) in the order in ich they are listed in the bid form, but Owner may accept them in any order or combination. 7 16.3 Owner may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons or organizations must be submitted as provided in the General Conditions. Operating costs, maintenance considerations,performance data, and quantities of materials and equipment may also be considered by Owner. 16.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any bid, and to establish the responsibility, qualifications, and financial ability of the bidders, proposed subcontractors, and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 Owner reserves the right to reject the bid of any bidder who does not pass any such evaluation to Owner's satisfaction. 16.6 If the contract is to be awarded, it will be awarded to the lowest bidder whose evaluation by Owner indicates to owner that the award will be the best interests of the project and to the County; Owner may accept a bid other than the lowest responsive bid if it determines that doing so is in the best interests of the project and the County. 16.7 When a construction contract for a public project is to be awarded to a bidder, a Colorado resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident,unless this requirement is inconsistent with requirements of federal law or may cause the denial of federal moneys. See 8-19-101, 102, CRS for the complete provisions regarding the preference. 17. PERFORMANCE AND OTHER BONDS 17.1 The General Conditions set forth Owner's requirements as to performance and other bonds. When the successful bidder delivers the executed Agreement to Owner, it shall be accompanied by the required contract security. 18. SIGNING OF AGREEMENT When Owner gives a Notice of Award to the successful bidder, it will be accompanied by at least two (2)unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen(15) days thereafter, Contractor shall sign and deliver at least two (2) counterparts of the Agreement to Owner with all Contract Documents attached. Within ten (10) days thereafter, Owner will deliver a fully signed counterpart to Contractor. END INSTRUCTIONS TO BIDDERS 8 SPECIAL PROVISIONS 1. PRE-CONSTRUCTION MEETING 1. 1 The s$lected Contractor will attend a Pre-Construction meeting scheduled with Owner and other interested and affected parties, after Notice of Award but prior to Notice to Proceed and commencing construction. The following documents must be submitted prior to and for the Pre- Consttuction meeting: 1.1.1 Detailed Proposed Work Schedule for Project Tasks, including Weekly Progress Meetings. 1.1.2 Methods Memorandum including size of crew assigned to all phases of the work, duties of crew, type and size of equipment to be used for the work in the retaining wall locations and areas near riparian and wetland vegetation, construction method for walls, trail,railings,barriers and all other components of the work. Methods are subject to approval by Owner and Engineer. 1.1.3 Contractor's Traffic Control Plan for all work on trail, near highway, or accessing the adjacent Highway shall be submitted prior to the Pre-Construction meeting, and at least two weeks prior to comMencement of work to allow sufficient time for sufficient review and approval by Colorado Department of Transportation(CDOT). 1.1.4. A list bf all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment)proposed for those portions of the work as to which such identification is so required and experience statement for each subcontractor,unless previdusly requested and provided per section 10.1 of Instructions to Bidders in the Contract Documents, and no changes have occurred. 2. TRAFFIC CONTROL 2.1 Contractor shall be responsible for providing all required traffic control devices necessary to construct the project in accordance with the guidelines set forth within the Manual on Uniform Traffib Control Devices, with latest revisions and the CDOT M&S Standards. 2.2 The Traffic Control Plan(TCP)provided by Contractor shall be site specific and cover all phases of construction, daylight signage, detours and MHT's (methods of handling traffic). Owner will route'Traffic Control Plan to CDOT for review. 2.3 TraffiO control shall be approved and in place prior to any staging, mobilization and construction activity taking place. 2.4 Contr'actor shall notify Colorado State Patrol and the Eagle County Sheriff prior to starting work in the Highway right of way. This project is located in the Highway 6 right of way. Colorado State Patrol Dispatch: 970-479-2200. Eagle County ECO Trails will notify the CDOT. 2.5 The contractor shall not have construction equipment or materials in the lane or shoulders of the highway at any time, unless approved or directed. 26 2.6 Employee vehicle parking is prohibited where it conflicts with safety, access or flow of traffic. No employee parking will be allowed within the clear zone unless approved by the Engineer, Owner or CDOT. 2.7 Proposed lane closures are subject to review and approval by CDOT. 2. PUBLIC INFORMATION 2.1 The Contractor shall participate in a public information process on an ongoing basis throughout the duration of the project, as follows: 2.1.1 At the Pre-Construction conference the Contractor shall introduce the designated public information contact (PIM) for the project. The PIM may or may not be the job superintendent, as determined by Contractor,but shall be available every working day, accessible and on call by cell phone or pager at all times and available upon the request of the Owner or Engineer at other than normal working hours. 2.1.2 The PIM shall communicate with the Owner daily and keep Owner informed as to work days and hours of work, work activities and traffic impacts, hours and expected traffic delays, lane closures, posted detours and project completion date. The PIM will respond to on-site public inquiries as necessary and inform Owner within 24 hours of contact. The PIM shall keep a log of all contacts including the contact name, date of contact, date responded, the contact's comments. The information in this log shall be provided to Owner at the weekly project meeting. 2.1.3 The PIM shall maintain communications with businesses and individual residences directly adjacent to and affected by the project as needed, or that express interest in being informed. 2.1.4 The Contractor shall erect 24"x 24"traffic control information signs at each major approach to the project with the dates the Contractor expects to initiate and complete construction and with the Contractor's public information office's or PIM's phone number. The signs shall be erected at least one week prior to the beginning of construction. These signs shall be updated if the project schedule changes, at no cost to the project. 2.1.5 The Contractor's participation in public information shall be incidental to the project cost. 4. EXCAVATION AND EMBANKMENT 4.1 Excess or unsuitable material, including rock and boulders that cannot be used in embankments shall be disposed of off-site. Removal and disposal of this material will not be paid for separately but shall be included in the work. 5. FUNDING SOURCE 5.1 There are no Federal Government or State of Colorado funds on this project. Therefore, Davis- Bacon wage requirements, Disadvantaged Business Enterprise or On the Job Training requirements to do not apply. 27 6. PROJECT ACCESS AND STAGING 6.1 Project Access shall be taken from Highway 6 to as close the work zone as possible, subject to approval by Owner and CDOT. Limited staging is available on already disturbed areas of the Eagle'County open space parcel known as Duck Pond subject to provision of a site plan detailing construction parking,materials storage and deliveries plan to be reviewed and approved by the Open Space Director. County and highway property shall be restored to same or better condition follo*ing completion of the project. END SPECIAL PROVISIONS 28 Gypsum to Dotsero Trail Retaining Wall Supplementary Information CTLITHOMPSON I N C O R P O R A T E D PT March 13, 2013 ECO Trails P.O.'.. Box 1070 Gypsum, CO 81637 Attehtion: Ms. Ellie Caryl Subject: Executive Summary/Cover Letter Gypsum to Dotsero Trail Phase II Retaining Wall Eagle County, Colorado Project No. GS05680-131 We are providing construction plans for Phase II of the Gypsum to Dotsero Trail. Included with the plans are results from our geotechnical field and laboratory investigations and results of our slope stability analyses. Phase II of the trail presents a challenge from geotechnical engineering and constructability perspectives. The trail location will be on the top of steep slopes down to the Eagle River, adjacent to the shoulder of State Highway 6. We initiated our work by performing a field investigation consisting of drilling four exploratory borings at locations in the east bound lane of Highway 6. The borings were advanced to between 25 and 30 feet deep. We found road embankment fill above natural clay soils. Soil samples were returned to our laboratory for testing. Atterberg limits were liquid limits of 23 to 27 percent and plasticity indices of 4 to 7 percent. Unconfined compression test results varied from 1,800 to 3,100 psf. Logs of exploratory borings and laboratory test results are prodded. Trail construction must provide a stable platform for the trail and not significantly reduce the existing global stability of the slope or adversely affect the fun t tion of the road. We determined a retaining wall is required to support the trail alo g the entire length. We performed slope stability analyses consisting of eva uating the a) existing slope, b) the short term construction condition and c) pla ned geometry subsequent to trail construction. Our analysis was based on gro nd topography from a field survey for this project by SGM, Inc., laboratory test res Its, observation of the existing slope condition and our experience. We believe the existing slope is at a factory of safety (FOS) of about 1.7. Thi.. is reasonable based on field and laboratory information and no clear evidence the -lope is moving, or has moved recently. Temporary conditions that may occur 234 Center Drive Glenwood Springs, Colorado 81601 Telephone: 970-945-2809 Fax: 970-945-7411 during retaining wall construction will reduce the FOS to about 1.3. We believe as FOS of 1.3 is acceptable for the temporary, short-term period required to construct the new retaining wall. Subsequent to construction of the retaining wall and backfill the FOS will likely be near 1.5. This is considered appropriate based on literature, and in our opinion, meets requirements of the standard of care and standard of performance. The installation of the trail at the top of the slope does result in a lower FOS comparative to the existing condition. A higher post construction FOS could likely be achieved; however, the costs would be significant. We can discuss methods to increase the final configuration FOS, if desired. We considered several potential retaining wall systems utilizing micropiles, grout columns, soil nails, mechanically stabilized earth (MSE), expanded polystyrene(EPS, Geofoam), cantilevered cast-in-placed concrete and rock buttress walls. Our evaluation considered constructability, trail platform effects on existing global stability and cost. From our analysis, we recommend a gravity wall construction with Redi-Rock (or similar product) precast concrete blocks for retaining wall construction. This type of construction will not require pre-shoring the existing road shoulder. Pre-shoring would be required to provide temporary support of steepened slopes required to construct other systems such as MSE, cast-in-place concrete cantilevered walls or rock buttress walls. Steepening of slopes is not favorable from a slope stability perspective. The use of the precast concrete blocks installed into a relatively narrow trench followed by placement of backfill behind the wall on the existing slopes to support the trail involves less risk of slope movement during construction. This type of wall construction can be accomplished comparatively quickly to minimize the temporary construction period of time. We have included back-up information including the results of our field and laboratory investigation and our slope stability analysis for your consideration. We appreciate the opportunity to work with you on this project. If you have questions or we can be of further service, please call. Very truly yours, CTL I THOMPS•N INC. Pp0•RE G/ r Er ,•i...• iVoQ � •v\e. .J4 ! 729 it , . . ,�-y F FSSi�• f:cd ', cc: Via email to ellie.caryl @eaglecounty.us ECO TRAILS 2 GYPSUM TO DOTSERO TRAIL PHASE II RETAINING WALL PROJECT NO.GS05680-131 S:\GS05680.000\131\3.Letters\GS05680 131 L1.doc T APPENDIX A EXPLORATORY BORINGS, SLOPE STABILITY EVALUATION AND LABORATORY TESTING ECO AILS GYPS M TO DOTSERO TRAIL PHASE II RETAINING WALL PROJ CT NO.GS05680-131 S:\GS0 680.000\131\3.Letters\GS05680 131 Appendices.doc cC CC z o P.N } } } } } } 0 g >- >- oz a < g oz . W 0 0 0 u) 0 0 0 c } Z z < < U < < U a< z Cl) J J J J J J J J g LL LL LL LL LL U.. L.L. LL U oW > _ Z corn C7~ 0 0 cca O a.. cc — M N CO Z p (~/) D U -J W N N CO J a LL o 0 0 CO O ? d O O C) N W o U () co U co azUJ I c7 a z Z > c I- WU) CC 02 Za O ((On 0 a QN aZW w CC (,j ow > J CO0 v crm Q aZ O0-- Lc, H LL U CD ILI ill cr• O WDLL 2a a. 0) n 2 < aa a. 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M y O O cv a O i r 0 i 0 Q. r O -- r o a) c ° ea a) c ° i T APPENDIX B INSTALLATION MANUAL ECO RAILS • GYP UM TO DOTSERO TRAIL PHASE II RETAINING WALL PRO ECT NO.GS05680-131 SAGS 5680.000\131\3.Letters\GS05680 131 Appendices.doc 1 g i ! 7 , s4 3""ipr . a .lam • �r z. � � � FtS�* . . ,,,, s [ -:-- 0'4 f Y s P M$} P : . j 1 . " . t :: .f „mod '�°..,. __ e j 3 f BEDROCK 2011 INSTALLATION MANUAL ..., _ _,,,,,, ._, ._ .ef BEDROCK 2011 INSTALLATION MANUAL III Redi-Rock Intern- Tonal 2 June 2011 2011 INSTALLATION MANUAL BEDROCK PRE-CONSTRUCTION CHECKLIST Before you start construction of a Redi-Rock wall,take the time to complete necessary planning and preparation. This pro- cess will help ensure a safe, efficient,and quality installation. It will also help avoid costly mistakes. SAFETY Safety is of primary concern to Redi-Rock International. Redi-Rock walls must be installed in a safe manner. All local, state,and federal safety regulations must be followed. In addition, Redi-Rock International greatly encourages installers to set up company programs to help their people stay safe at work. These programs should address items such as: personal protective equipment, maintaining safe slopes and excavations, fall protection, rigging and lifting, and other safety precau- tions. Safety-training materials specific to your company can be found at www.osha.gov or by calling 1-800-321-OSHA (6742). ENGINEERING AND PERMITS Obtain necessary engineering and permits for your project. Your local building department is an excellent resource to help determine the requirements for your project. Note: This installation manual is intended to supplement a detailed, site-specific wall design prepared for your project by a Professional Engineer. The construction documents for your project supersedes any recommenda- tions presented here. REVIEW THE PROJECT PLANS Take the time to review and understand the project plans and specifications. Make sure that the plans take into account current site and soil conditions. Pay close attention to silty or clayey soils and ground water or surface water on the site. A pre-construction meeting with the wall designer, construction inspector, wall contractor, and owner or representative is recommended. CONSTRUCTION PLANNING Develop a plan to coordinate construction activities on your site. Make sure your plan specifically addresses how to control surface water during construction. UTILITY LOCATION Make sure to have underground utilities located and marked on the ground before starting any construction. Call 8-1-1 or go online to www.call811.com to schedule utility marking for your project site. MATERIAL STAGING Store Redi-Rock blocks in a location close to the proposed wall. Blocks should be kept clean and mud free. Blocks should also be stored in a location which will minimize the amount of handling on the project site. Store geogrid in a clean, dry location close to the proposed wall. Keep the geogrid covered or in the shade and avoid exposure to direct sunlight. Be careful where you stockpile excavation and backfill material. Do not stockpile soils over buried utility lines which could be damaged by the extra weight. Redi-Rock International 3 June 2011 REDItROCK 2011 INSTALLATION MANUAL EQUIPMENT Make sure you save the proper equipment to handle Redi-Rock blocks and install the wall. Redi-Rock blocks can weigh up to 3,500 pouhds each. Make sure excavators and other construction equipment are properly sized to handle Redi- Rock blocks. (Figure 1) Hand operated quipment should include, as a minimum, shovels, 2'level, 4'level, broom, hammer, tape measure, string, spray paint, laser level, pry bar,walk behind vibratory plate compactor(capable of delivering a minimum of 2000 lb cen- trifugal force), aid a concrete saw. (Figure 2) Personal protective equipment should include, as a minimum, appropriate clothing,steel toe boots with metatarsal protec- tion, eye protection, hard hat, gloves, hearing protection, fall protection rigging, and other items as necessary to insure a safe working environment. 1 St F, t a;, , I: . . : ' . .` , ' - i - ` �' ;Y... a `3 =I ; y �i {La rs as.. 7 ty ! \ A '; fin ° . ii t }y a A y avnbr m d ..v s t $ € .4,X, ,. ,. e.ri * K. ; 7, : 4a1 ,k ".. "ti's' _ 'Ti. Figure 1 Figure 2 • Redi-Rock Intern-tional 4 June 2011 2011 INSTALLATION MANUAL BEDROCK SUBGRADE SOILS Proper base preparation is a critical element in the construction of your retaining wall. Not only is it important to provide a stable foundation for the wall, but a properly prepared base will greatly increase the speed and efficiency of your wall instal- lation. Proper base preparation starts with the subgrade soils. Existing soils must be removed to the bottom of the leveling pad elevation for the retaining wall. (Figure 3) The base and back of excavation should expose fresh, undisturbed soil or rock. Remove all disturbed soils which `fall-in" along the base of the wall or the back of the excavation. The subgrade soil (below the leveling pad) should be evaluated by the Professional Engineer responsible for the wall to make sure it meets the design requirements and to determine its adequacy to support the retaining wall. Any unsuitable material shall be excavated and replaced as directed. Subgrade soils must be compacted to a minimum of 95% maximum density as determined by a standard proctor test(ASTM D698). fi Figure 3 Redi-Rock International 5 June 2011 REDItROCK 2011 INSTALLATION MANUAL LEVELING PAD Base preparation continues with proper leveling pad construction. Redi-Rock retaining walls can be designed with an open-graded crushed stone, dense-graded crushed stone (GAB), or concrete leveling pad which supports the bottom row of blocks. The choice of which type of leveling pad to use is made by the wall designer and depends on several factors including the bearing capacity of the native soil, location of the drain outlet,conditions at the base of the wall, and any other special considerations for the wall. OPEN-GRADED CRUSHED STONE LEVELING PAD The most comnhon type of leveling pad is made using n open-graded crushed stone with a d ain located in the bot- tom of the sto e. (Figure 4) This is the method the is shown in most Redi- Rock preliminary or conceptual draw- ings. An open-graded crushed stone leveling pad assumes that the wall drain can drain to daylight (by gray- t ity) somewhere on the site below the i� elevation of the bottom of the leveling .i- -, pad. If you cannot outlet the wall drain below the elevation of the bottom of the leveling p d, you should not use open-graded c shed stone. Water will become trappe below the drain outlet, weakening the base of your retaining wall and causi g other problems. Leveling pad material should be Figure 4 washed, crushed stone, 1 inch diam- eter and small r. A crushed stone meeting the gradation requirements of ASTM No. 57 with no material passing the No. 200 sieve is pr ferred. The leveling pad thickness shall be as designed by the Professional Engineer. A minimum thickness of 6"or 12" is ommon. The leveling pad should extend at least 6" in front and 12" behind the bottom block. Make sure to check your pia s. A drain is placed in the bottom of the leveling pad to provide an outlet for any water collected behind the wall. A 4"perforated sock drain is commonly used. The drain runs the entire length of the wall and must have proper outlets to provide drainage for the wall. (Figure 5) TYPICAL OPEN-GRADED CRUSHED - - —i DRAINSTONE(ASTM NO.57) 0'o:O __— STONE LEVELING PAD MATERIAL ••••w• TO EXTEND AT LEAST 12" GRADATION REOIREMENTS 0 i•:�0t�-� 1' BEHIND WALL SIEVE SRS %PASSING •,}Z"o.•O • _ 11/21NC-1 100 "WriX4,41Ae4let IV. 1-'i 1 INCH ' 95-100 •.•o••• ''.. _ NON-WOVEN GEOTEXTILE NO14 0-100 • ••••t -i"- No.a 0-10 - - �• �0•O•' _r_ FABRIC(IF SPECIFIED) NO 8 0-5 •a•0•' NO.200 0 .i p•j , I' 4 __ L �, �,�� o a•o: � j LI _ PERFORATED SOCK DRAIN a o o = - (AS SPECIFIED BY ENGINEER) OPE GRADED - ••w•i GRAVITY FLOW TO OUTLET o. o. CRU HED STONE ' • •i O :i ••: :•: • •••• • _ AROUND ENDS OF WALL AND LEVE.ING PAD •• • • o.o o. • 0 0 0 .�••�•• •• �•��•it - a �•••••••••••' EVERY 50'ON-CENTER OR AS 14Kii.• .164 ••• •.•�•Y•••yorti qi`�• ___ SPECIFIED 1___=---11=2 I I 77-_-111E-'1=1E__,-. CONVERT TO SOLID PIPE BEFORE OUTLETING UNDER WALL OPEN-GRADED CRUSHED STONE LEVELING PAD INTENDED FOR USE WHERE THE WALL DRAIN CAN OUTLET AT THE BOTTOM OF THE LEVELING PAD - Figure 5 Redi-Rock International 6 June 2011 2011 INSTALLATION MANUAL BEDROCK The leveling pad material should be placed and a - compacted to provide a uniform, level pad on which to construct the retaining wall. (Figure 6) Proper - elevation can be established with a laser level or = transit. You can also set two 20' long grade pipes - ' to the desired grade and screed the crushed stone k w° 4 ° material between the pipes. t. Place the stone leveling pad in uniform loose lifts t— a maximum of 6" thick. Consolidate the stone with a minimum of three passes with a 24" wide, walk- '� x behind,vibrating plate compactor capable of deliver ' _,-,, ing at least 2000 pounds of centrifugal force. This -� ; .\:----,,,i-=_'41- _ " ." should achieve 90% relative density of the stone T : - determined in accordance with ASTM D-4253 and Figure 6 D-4254. In place density of the stone fill should be con- firmed using ASTM D-6938. If you don't achieve a minimum of 90% relative density, place the stone in smaller lifts or apply more compaction effort until you do achieve 90%relative density of the stone. Do NOT place a thin layer of sand between the leveling pad and bottom block. This layer will reduce the sliding resistance between the leveling pad and bottom block. Redi-Rock International 7 June 2011 BEDROCK 2 INSTALLATION MANUAL DENSE-GRADED CRUSHED STONE LEVELING PAD If you cannot outlet the wall drain below the elevation of the bottom of the leveling pad, you need to construct the leveling pad from materiOI which has a low permeability and will not trap water below the elevation of the drain outlet. In this case,a dense-graded c ushed stone or graded aggregate base (GAB)material is typically used up to the elevation where the wall drain can gravit'outlet through the face of the wall. (Figure 7) TYPICAL DEN______{{{{{{E-GRADED CRUSHED _ _ :0:O11.411= 2011 INSTALLATION MANUAL BEDROCK CONCRETE LEVELING PAD In some cases,the wall design requires the construction of a concrete leveling pad. (Figure 8a) Construct the leveling pad according to the detailed plans for your project. c-QcQ I -1-1-- TO SOLID PIPE BEFORE 'e°e I -1--F— OUTLETING THROUGH WALL 4-_ -±-,-- - PERFORATED SOCK DRAIN —I I_I-UM �C I-I I (AS SPECIFIED BY ENGINEER) I — — GRAVITY FLOW TO OUTLET I: AROUND ENDS OF WALL AND I_ ! ' EVERY 50'ON-CENTER OR AS I SPECIFIED E 1iTIi -- 'I-I I _I I I -1 i -- LEAN CONCRETE LEVELING PAD PER SITE SPECIFIC DESIGN CONCRETE LEVELING PAD INTENDED FOR USE WHERE THE WALL DESIGN REQUIRES A CONCRETE LEVELING PAD Figure 8a Your design may also require a shear key in the bottom of the footing and/or a lip in front of the Redi-Rock blocks. These items would be shown in the project plans. (Figure 8b) calk CONVERT TO SOLID PIPE BEFORE •'o- ` OUTLETING THROUGH WALL MENU r PERFORATED SOCK DRAIN -_ _ � ( SPECIFIED BY ENGINEER) hLGRAVITY FLOW TO OUTLET L- AROUND ENDS OF WALL AND — EVERY 50'ON-CENTER OR AS SPECIFIED -- REINFORCEMENT AS REQUIRED 0 PER SITE SPECIFIC DESIGN FOOTING SIZE AND DIMENSIONS PER SITE SPECIFIC DESIGN CONCRETE FOOTING INTENDED FOR USE WHERE THE WALL DESIGN REQUIRES A CONCRETE FOOTING Figure 8b If steel rebar is to be placed in the footing, secure the bars together with wire ties in the pattern shown in the wall design. Use rebar supports to hold the rebar structure in the proper position in the footing. Place wood formwork at the front and back of the concrete leveling pad or footing. The top of the formwork should be placed at the elevation of the top of the concrete footing so you can screed the top smooth in preparation for block placement. Place concrete as specified in the wall design. Once the concrete has been allowed to cure to the minimum specified strength, place the bottom blocks and continue construction of the retaining wall. A drain is placed on the top of the concrete footing to provide an outlet for any water collected behind the wall. A 4" perfo- rated sock drain is common. The drain runs the entire length of the wall and must have proper outlets to provide drainage for the wall. Refer to the description in the DENSE-GRADED CRUSHED STONE LEVELING PAD section above for descrip- tions of how to outlet the wall drain through the face of the wall. Redi-Rock International 9 June 2011 immiummimmk REDI+ROCK 2011 INSTALLATION MANUAL SETTING THE BOTTOM ROW OF WALL BLOCKS Redi-Rock blocks are typically delivered to the construction site using a flat bed trailer or boom truck. (Figure 9) Rubber tired backhoes,(loaders, skid steers, or excavators are used to set the retaining wall blocks. (Figure 10) Re di-Rock blocks weigh up to 3,500 lbs. Make sure to use the proper sized equipment to handle the blocks. All lifting chains, rigging,or slings must be OSHA(compliant and safety rated for proper working loads. y f• � ,; T '' ," xti , :, "- C.;;4,i ' •?„,,, .: _ , fft„,„„t„,. .„ . . ,,,.,,,,,,, , ,, ,j 4t ed _ i — dt ._ . . c ,i i.,y f z «3., .a- ..I 9 :F . ...+..`nr.-+is•,-- �'q .,ri. R.'�,.s•"y„�a ---I.,... ? tom: :'max Figure 9 Figure 10 Properly mark the location of the retaining wall. IA string line or offset stakes are typically used to establish horizontal and f vertical alignment. If offset stakes Ore used, the stakes should be placd at least 5 feet but no more than 10 feet in front of the face of the retaining wall. A stake should be provided at every eleva- tion change and at a maximum of 50 ) V feet apart. °.,, Place a compete row of blocks on �- the prepared leveling pad. Blocks "`- shall be placed tight together. Block alignment should be established by - lining up the form line" where the , face texture eets the steel form finished area t the top of the block, approximately 5 inches back from the front face. Figure 11) Figure 11 Check all blocks for level and alignment as they are placed. Small adjustments to the block location can be made with a large pry bar. If you take the time to set the bottom row properly, installation of the upper rows of blocks is much easier and more efficient.( TIP: Wall co struction should start at a fixed point such as a building wall, 90° corner, or at a lowest elevation of the wall. Redi-Rock Intern tional 10 June 2011 2011 INSTALLATION MANUAL BEDROCK Place non-woven geotextile fabric in the vertical joint between the blocks to hold the backfill material between the blocks in place and prevent material from "washing out" through the joints be- tween blocks. (Figure 12) Place and compact backfill in front of the bottom row of blocks to help hold them in place. Place washed drainstone or open-graded crushed stone backfill between blocks and at least 12 inches behind the wall. (Figure 13) A stone meeting the gradation requirements of ASTM No. 57 `t, with no material passing the No. 200 sieve is preferred. Place - " the stone in uniform loose lifts a maximum of 6" thick. Consoli- date the stone with a minimum of three passes with a 24" wide, walk-behind, vibrating plate compactor capable of delivering at least 2000 pounds of centrifugal force. This should achieve 90% relative density of the stone determined in accordance with ASTM Figure 12 D-4253 and D-4254. In place density of the stone fill should be confirmed using ASTM D-6938. If you don't achieve a minimum of 90% relative density, place the stone in smaller lifts or apply more compaction effort until you do achieve 90% relative density of the stone. Figure 13 Place non-woven geotextile fabric between the drainstone and the remaining backfill material if specified. Backfill behind the washed drainstone with material as specified in the project design. Place the lifts as specified, but not to ex- ceed 9"maximum. Granular backfill shall be compacted to a minimum of 95% maximum density as determined by a standard proctor test(ASTM D698). Use proper equipment to ensure complete compaction of the backfill material. It may be necessary to wet or dry the backfill material, place the material in smaller lifts,and/or apply more compaction effort to reach 95%maximum density. Do not use any organic,topsoil,frozen,soft,wet,or loose soils when backfilling the wall. Re-check all units for level and alignment and sweep the top of each course of blocks clean before starting construction of the next course. Redi-Rock International 11 June 2011 BEDROCK 2011 INSTALLATION MANUAL SETTING UPPER ROWS OF WALL BLOCKS Place the next rjow of blocks on top of the bottom row., If needed, a half block can be used at the end of ever'other row to establish a running bond n the wall where a Re- di-Rock block straddles the two blocks below it. (Figur♦' 14) Push the Red-Rock blocks forward until the groov on the bottom of the block comes i full contact with the knobs on the bl cks below. Place non-woven geotextile fabric in the vertical joint between the blocks, and place and compact the drainstone and backfill material the same way you did for the bottom row. Figure 14 Do not install mere than one course of blocks without placing and compacting stone and backfill.Having more than one course of blocks without backfill will prevent you from being able to properly place and consolidate the stone fill between blocks. Repeat these steps with each course of blocks to the top of the wall. IMPORTANT NOTES If at any time ground water seepage is observed along the exposed excavation behind the retaining wall, contact the wall designer immediately to determine the corrective action needed. Once you commence working,continue without interruption or delays. This will help expedite construction and minimize the time the excavation is open. The construction site should be graded and maintained to direct surface water runoff away from the retaining wall through- out the entire Construction process. If there is a rain event with surface water runoff producing erosion or scour near the retaining wall, Contact the wall designer immediately to determine the corrective action needed. Allowable construction tolerance at the wall face is 1° vertically and 1"in 10' horizontally. Redi-Rock International 12 June 2011 RED 2011 INSTALLATION MANUAL IROCK STEPS IN A WALL STEPS IN THE TOP OF A WALL Most walls have a grade change along the top of a wall which requires , / OPTIONAL INSIDE EDGE Of f REMOVE INSIDE EDGE OF stepping down the top blocks. There ter' , GAtRDENCa eR DOCK are different options available to step _ ,r i ' �,. ariDFILL VwT�I roPSaIL down the top of a wall. �. - '� End blocks or garden corner blocks I :. `- --. � � may be used to make a step-down. ` � ' (Figure 15) If desired, the inside lip ;;., i; ''- can be removed to allow the topsoil ; '` '` ~� to fill to the edge of the block. To remove the lip, make one cut with a :.i concrete saw and knock the lip off tv�tFC,naac co r�sFSaLacKSHawN gj with a sledgehammer. (FULL GARDEN CORNER OR 2r END BLOCK COULD ALSO BE USED) Figure 15 Top blocks may be placed in a radius to provide a scalloped look. (Figure 16) Two to four half blocks should be used. Re- move the outside knob on the last middle block of the bottom course before beginning scallop. A concrete saw and sledge- hammer can be used to remove the knob in the field. Freestanding corner blocks can be used inline to step-down or finish the end of a wall. A Redi-Rock Step block or Cap Block can be used to provide a more finished look. (Figures 17 and 18) # e -y .—pss- .y i ns>« Figure 16 Figure 17 Figure 18 STEPS IN THE BOTTOM OF A WALL Grade changes along the bottom of a wall can be accommodated by stepping the bottom row of blocks. Steps in the bottom of a wall are relatively simple to make with either a crushed stone or concrete footing. A half bottom block is used to finish the bottom row before making the step. This accounts for the running bond between rows of blocks and keeps a middle block from being used at the bottom of the wall. (Figure 19) pgrAl 1,----,,,,,,,,,,,w,d e A£ a y max ^ .T' y, � -ter _ Alt + ' `� .j y , 1 �i 4, �'`, '" ¢ yASK'A Ya':+ 7K tt1Y'ti _ ii � �4? -.. -?•,,"x -.�'�F,r FOOTING DEPTH.d°. #y' Uic. r +''a ''`FOOTING _DEPTH d i y3 x a eve, .,,,=ate a`-'. e'.-( .,,;F r � t fir K-- -. S';ir .,.,,r w 1 k d ; "�; ,., 'W.'jy ° •',-'�'. FOOTING DEPTH,d.r"-Tw: d.. •.- ! FOOTING DEPTH.d CRUSHED STONE ' - - - - ' ' -:'_ . . FOOTING �'- CONCRETE FOOTING 1 ON 1 OR FLATTER 2'GAP(CONSTRUCTION d2 OR r(MINIMUM) d@ OR 6'(MINIMUM) -" TOLERANCE) PROFILE VIEW-CRUSHED STONE FOOTING BOTTOM HALF BLOCK BOTTOM HALF BLOCK PROFILE VIEW-CONCRETE FOOTING Scal Figure 19 (N0 °) (�s�b� June 2011 Redi-Rock International 13 BEDROCK 21111 INSTALLATION MANUAL CORNERS AND CURVES Corners and curves can be made with Redi-Rock walls. Corners are typially constructed at 90°angles. Smaller or ' - larger angles in he wall are typically made with curves. � �1 ... . " ,/ , � L �' WALLS WITH 90° CORNERS ir Corner freestan ing blocks are used to make 90 corners. , . ^? _ (Figure 20) If al standard corner block with a straight bot- = A ( � z}`y torn groove and�6"diameter knobs is used a small portion - -' :f [;, ° - --.„,11: - ., of the knob on he corner block and on the adjacent re 4 _ taining wall bloc must be sawcut and removed for proper •' block alignmen . If the special 90° corner block with a Figure 20 1,/,,,.. 4400:, modified (wider bottom groove and smaller knob is used, no sawcutting iS required. Start construction at the 90° corner and work away in both directions. If a double 90°corner is to be constructed, special construction details must be followed to account for the effect of the wall batter. There are several construction details available online at www.redi-rock.com which show examples of single and double 90° corners. CURVED WALLS , .. �� Curves can a-sily be incorporated into a Redi-Rock " s wall. (Figure 21) Concave curve may be installed at varying radii. The blocks should b placed tight together to make a smooth "' �, " curve. Although there is no fixed minimum radius, smaller radii • ''`°' . - (lengths typically less than 14'6")will result in exposingz� _ _- more of the untextured top face of the blocks in the un- Figure 21 derlying layer. This may not be visually desirable or ac- ceptable. (Figure 22) Convex curves:may be installed at varying radii. Redi-Rock blocks are tapered on the sides, The smallest radius you can make with Red-Rock blocks(without cutting the blocks)occurs when the blocks are placed together with their sides touch- ing. The minimum radius for full size blocks is 14'-6"from the face of the blocks. A minimum radius of 8'-0"from the face of the blocks can e made if all half blocks are used. Note: you will not ha e a running bond joint between blocks if you use all halt blocks. �"'�� When you are building a multiple course Redi-Rock wall, T 1 each layer of blocks sets back from the blocks below. , ,.;t1"4- �R Looking down on the to of the wall, you can see that \ �� the radius for ach row of blocks gets smaller as you go �' / -�_ higher in the II. The shortest radius will be on the to course of the all. f EXPOSED UNTEXTURED BLOCK SURFACE Figure 22 Redi-Rock Interna ional 14 June 2011 2011 INSTALLATION MANUAL BEDROCK Plan ahead when laying out a curved retaining wall. Start with the minimum radius you want at the top of the wall and then add 2" per course for each standard setback block, 10" per course for each 9"setback block, and 17"per course for each planter block in the wall below the top row of blocks. This will make sure that you have enough room at the top of the wall to build the top row of blocks without interference. Refer to the following chart for minimum bottom radius in Redi-Rock walls. (Figure 23) MINIMUM RADIUS FOR BOTTOM ROW OF BLOCKS MIN.RADIUS(FROM FACE OF BLOCK)AND APPROX.DISTANCE BETWEEN BLOCKS(PER SKETCH) NUMBER OF HEIGHT OF NO PLANTER DISTANCE BETWEEN 1 PLANTER DISTANCE BETWEEN 2 PLANTER DISTANCE BETWEEN COURSES BLOCKS BLOCKS BLOCKS PER SKETCH BLOCK BLOCKS PER SKETCH BLOCKS BLOCKS PER SKETCH 1 1'-6" 14'-6" 1/8" 2 3'-0" 14'-8" 3/16" 3 4'-6" 14'-10" 1/4" 4 5-0" 15'-0" 3/8" 16'-3" 7/8" 5 7'-6" 15'-2" 7/16" 16'-5" 15/16" 6 9'-0" 15'-4" 1/2" 16'-7" 1" 17'-10" 1 3/8" 7 10'-6" 16-6" 9/16" 16'-9" 1 1/16" 18'-0" 1 7/16" 8 12'-0" 15'-8" 5/8" 16'-11" 1 1/16" 18'-2" 1 1/2" 9 13'-6" 15'-10" 11/16" 17'-1" 1 1/8" 15-4" 11/2" 10 15-0" 16'-0" 3/4" 17'-3" 1 3/16" 18'-6" 1 9/16" 11 16'-6" 16'-2" 13/16" 17'-5" 1 1/4" 18'-8" 15/8" 12 18'-0" 15-4" 7/8" 18'-10" 1 5/8" 13 19'-6" 16-6" 15/16" 19'-0" 111/16" 14 21-0" 16'-8" 1" TOP BLOCKS TIGHT TOGETHER %kw" 0,--••■•davelipirr'Alia.-''Nbitis ai, - , TOP VIEW CtillAii..„„,.._1 -‘ , ..........LF--------111111111111-11;6, °77.°4//i'oilo 16r-----101,7:54 10 0:1Agk."*Cr� 24" 11 III) APPROX.DISTANCE BETWEEN Figure 23 BLOCKS MEASURED 24"BACK FROM FORM LINE(TO HELP SET BLOCKS AT CORRECT RADIUS) Remember to include the non-woven fabric in the vertical joint between adjacent blocks. If the block spacing becomes too tight for the non-woven fabric and stone between the blocks, place the non-woven fabric over the joint at the back of the blocks. (Figure 24) TOP VIEW -�_ O ® O O: (@ Q ® O O O O PLACE 18"HIGH PIECE OF PLACE STONE IN NON-WOVEN GEOTEXTILE JOINT BETWEEN WHEN BLOCKS BECOME TOO FABRIC IN JOINT BETWEEN BLOCKS CLOSELY SPACED,PLACE BLOCKS(TYPICAL) FABRIC ACROSS JOINT AT Figure 24 BACK OF BLOCKS Redi-Rock International 15 June 2011 REDIIROCK 2011 INSTALLATION MANUAL FREESTA DING WALLS r 4 111/4.1,,, ■ . r .' " 1 Fig re 44 Figure 45 Redi-Rock freestanding wall blocks have facing texture on two or three sides. They are used in applications where two or three sides of the wall are visible. Freestanding blocks can be installed as"stand alone"walls, such as perimeter walls or fences. (FigLire 44) They can also be designed and installed as top courses on a standard Redi-Rock retaining wall. (Figure 45) Freestanding will installation is similar to Redi-Rock retaining wall blocks. The main exception is that there is typically no backfill material behind the freestanding walls. Even though there is no backfill acting on the walls,freestanding walls need to be properly ehgineered. They require adequate stability at the base of the wall and they need to resist any applied forces such as wind!odds or forces from railings or fences. FREESTANDING WALL INSTALLATION If you are building a "stand alone" freestanding wall, pre- pare the subgr ade soils and leveling pad as described previously. Plage bottom blocks on the leveling pad. A 6" minimum bury do the bottom block is typical. Middle and top blocks are ilaced directly on top of the bottom blocks SETBACK=0"-- with no batter. SETBACK=27% (WITH 10"KNOB) If you are building a freestanding wall on the top of a SETBACK=1 5/8" �� - _ < Redi-Rock retaining wall, end the last row of retaining wall (WITH 7 Y2"KNOB) blocks with a riddle block. The size of the knob on top _ s " ��';; of the last rowl,of retaining wall blocks will establish the SETBACK=1 /e _ _ setback for the first row of freestanding blocks. Retaining blocks blocks with a 1 " knob will produce a 2 7/8" setback be- tween the retai ing block and the first freestanding block. If the retaining locks have a 7 1/2" knob, the setback be- Figure 46 tween the retai ing block and the first freestanding block will be 1 5/8". Figure 46) Remember, the 10"diameter knobs are standard on most Redi-Rock retaining wall blocks. Be sure to contact your local Redi-Rock manufacturer to determine availability of specialty blocks and specify which knob size you require for,'our project. II Redi-Rock Interns onal 28 June 2011 2011 INSTALLATION MANUAL BEDROCK FREESTANDING WALL NOTES Start and end freestanding walls with straight blocks. Three sided curved blocks are not available. Freestanding walls are installed with no batter. A wall constructed with all freestanding curved blocks will have a ra- dius of 14'6". A wall constructed with alternating straight and curved freestanding blocks will have a radius of 29' 0". Other radii can be constructed by cutting the ends of the freestanding blocks to fit. Re- - di-Rock freestanding blocks with the 4"x 12"end insert are designed " " " "° ° ° �. to be easier to cut in the field. (Figure 47) Colored foam "Backer Rod"can be used to fill any small gaps which Figure 47 may occur between the blocks when installing walls. (Figure 48) Backer rods diameter can be purchased from concrete supply cen- ters. 3 ' Call your local Redi-Rock manufacturer for help locating foam backer rods for your project. C r ; CAP INSTALLATIONF Cap blocks are commonly used on top of freestanding walls to pro- vide a"finished"look to the project. '` Mark the center of the freestanding blocks to monitor the correct run- ning bond spacing. Place a minimum of two beads of construction adhesive on top of Figure 48 the freestanding block before setting the cap block. (Figure 49) Use an adhesive that meets the requirements of ASTM D3498 and C557 I and HUD/FHA Use of Materials Bulletin#60. An example is Titebond _ Heavy Duty Construction Adhesive by Franklin International (1-800- 347-4583) or PL Premium Construction Adhesive (www.stickwithpl. x 5 corn). Mortar cement can also be used. x} Three sided caps should be used on the end of walls. Two sided S z caps should be used in the middle of walls. Caps can be cut as needed for proper alignment. --= If desired, grout the joints between cap blocks after installation with a non-shrink grout. Figure 49 TIP: A Probst Quick Lift may be used for easier installation of cap blocks or freestanding top(flat) blocks. (Figure 50) Figure 50 Redi-Rock International 29 June 2011 BEDROCK 2011 INSTALLATION MANUAL FORCE PROTECTION WALLS Redi-Rock freestanding blocks can be manufactured with horizontal and vertical conduits cast into the blocks, producing the Redi-Rock Force Protection Series blocks. The conduits create holes in the blocks which provide the ability to connect the blocks together With post-tensioned cables and j-bolts. The resulting wall section provides more resistance to small impact loads than individual blocks alone. While not intended to be used as a traffic barrier subject to typical vehicle impact loads, properly constricted Force Protection Series walls are used in many applications where the wall designer wants the extra stability from the connected blocks. Note: Full scale 4rash testing has not been performed on the Redi-Rock Force Protection Series,thus the system is not rated to any testing standard.1 There are computer simulations of vehicle impacts to Force Protection walls available at www.redi-rock.com. Note: The folloruving are individual line item steps to describe the installation of the post-tensioned cable and j-bolts. In practice, the cable is threaded through the blocks and j-bolts are installed simultaneously as the blocks are placed. POST-TENS ONED CABLE INSTALLATION Install a thread d termination end on the end of the cable. Electroline M Series terminations m nufactured by Esmet, Inc.work well. „,,, ‘‘._ .. Thread cable with termination end through all the blocks. It is important that the cable is placed in each course of blocks prior to placing the next course. Pull the cable through the block on the far end of the wall until approximately 2” of threads protrilde beyond the end of the blocks. This 2"of exposed threads will provide room tb place a 5/8" x 6" x 9" steel plate over the exposed threads and start the nut. Mark and cut tile cable at the starting end of the wall so that 4"of cable protrudes beyond the block. The 4"protrusion will provide room to install a 5/8"x 6"x 9"steel plate and ferrule termination fitting. Figure 51 After the cable as been cut, slide the entire cable several feet towards the ferrule end so that you will have room to work. Install a steel cable and ferrule termination end on the cable. Pull the cable slug so that the ferrule is against the steel plate. There will be 2"of thread exposed at the far end of the wall which has the termination end on the cable. Place the steel plate over the threads and start the nut. The nut can be tightened to the desired tension. (Figure 51) J-BOLT INSTALLATION Before placing bottom row of blocks, augur hole and pour in place 10" x 3' deep WALL-TO-GROUND CONNECTOR concrete anchor with Y2" rebar hook. Set the bottom)block. f1 VERTICAL}80LT �� CONNECTION Install J-bolt in ground anchor and lean against block. (� Set an adjacent block. l' " - , E Wit. Place a clip between blocks in hooks provided on block ends. ri , y{` 34`x r POURED-IN-PLACE '41 --' ': Place a J-bolt hrough center of the clip, thread a nut on J-bolt, and tighten. coNc wrrr+In` j ' RE6AR FULL DEPTH `fsf 1 -f r For next cours s of block, repeat this procedure but connect J-bolt to lower block , instead of gro nd anchor. (Figure 52) Figure 52 Redi-Rock Intern Tonal 30 June 2011 COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL USE PERMIT TYPE: Construction within ROW PERMTTIEE DEPARTMENT ItmR ONF.v Name: EAGLE COUNTY ECO TRAILS DEPARTMENT Date Issued 4/11/2013 Ellie Caryl _ Permit# 3130131-S Milepost Address: PO Box 1070 _ S.H.# 070 FR 136.00 Gypsum,CO 81637 Region 03 137.00 Section 02 Telephone:(970)328-3523 Patrol 17-2 Tammy Leeper NOTICE TO PERMTITEE:For underground facility location information,contact the Utility Notification Center of Colorado(UNCC).Pursuant to 9-1.5-103 C.R.S.you shall not make or begin excavation without first notifying the UNCC and if necessary,then notifying the tier two members having underground facilities in the area of such excavation.Notification shall also be given to the CDOT regional permitting office,or as otherwise directed by this Permit's Special Provisions. Notice of the commencement,extent and duration of the excavation work shall be given at least two business days prior thereto,not including the day of actual notice. The UNCC may be called at 1400-922-1987.CDOT may be called at(970)683-6271. ACTIVITY DESCRIPTION(Furnished by Permittee) PURPOSE ['Installation ❑Adjustment ❑Removal LI Maintenance of existing Facility FACILITY (Type,size,class of transmittant,design pressure or etc.) DESCRIPTION OF WORK Construct paved trail and retaining wall(Gypsum to Dotsero Trail Section) NATURE OF INSTALLATION ❑Longitudinal(Parallel) ❑ Transverse(Crossing) ❑ Buried ❑Aerial/Ground-mounted ❑Attach.To Hwy.Str.No. LOCATION: South side of 1-70 FR county:_Eagle City/Town: Eagle County Project Info: DI2 ADDITIONAL REMARKS PLEASE REVIEW&COMPLY WITH-THE ATTACHED"LATE FALL,WINTER&SPRING SPECIAL PROVISIONS FOR WORK IN CDOT RIGHT OF WAY" SPECIAL PROVISIONS(completed by the Department) The Special Provisions are terms and conditions of this permit. Any work shall only be in accordance with the approved plans and special provisions as set forth in this permit and its attachments. The CDOT inspector is_Cary Griffin 2M2 Telephone:_1970)384-3384 _Fax:(970)524-0626 Work is to be completed on or before: Nov 15.2013 P _ or within days,(as applicable) Work time restrictions:_DAYLIGHT HOURS ONLY.NO WEEKENDS OR HOLIDAYS Designated minimnum cover is N/A Designated overhead clearance is N/A (ALSO SEE ATTACHED STANDARD PROVISIONS,AND ADDITIONAL SPECIAL PROVISIONS) (TRAFFIC CONTROL MUST CONFORM TO THE MUTCD) Other:FIELD INSPECTOR SHALLBE NOTIFIED 24 HOURS PRIOR TO BEGINNING WORK OR PERMIT IS VOID UNLESS PRIOR APPROVAL IS OBTAINED. Permittee is prohibited from commencing any work within highway ROW prior to issuance of a fully endorsed and validated permit. Permit, plan exhibit,insurance certificate(s),and traffic control plan must be available on site during work. High visibility vests are required at all times during working hours. 1. Your request to use and/or occupy state highway system rights of way as described above is granted subject to the terms and conditions of this permit, including the Standard and Special Provisions as shown on the permit and all attachments hereto. 2. To the extent authorized by law,Permittee hereby assumes,releases and agrees to indemnify,defend,protect,and save the State of Colorado harmless from and against any loss and/or damages to the property of the State of Colorado,third parties or the Permittee's facilities,and all loss and/or e on account of injury to or death of any person whomsoever,arising at any time,caused by or growing out of the occupation of Colorado State Highway rights of way by Permittee's facilities or any part thereof,including but not limited to installation,adjustment,relocation,maintenance or operation,or removal of existing fac liities,unless such loss and/or damage arises from the sole negligence or willful conduct of the State of Colorado or its employees or agents. 3. Failure by the Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancellation,at the discretion of the Department of Transportation. 4. THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE AT THE TRANSPORTATION REGION OFFICE. S. In accepting this permit the undersigned,representing the Permittee,verifies that he or she has the authority to sign for and bind the Permittee,and that he or she has read,understands and accepts all the included conditions. Attested Date 1 Sigh.re Date 5/34,3 Title 1 Title P4-06.4 Print Name: (Print Na : ij�,j{ 6.4x7 COLORADO DEPARTMENT OF TRANSPORTATION I BY_�,� . D to Chief Engineer , Regional Trans Ft• Director or Designee II/di? Distribution:Region File(Original). Mtce Landscaping Supvr V Pennittee/Applicant Inspector Cary Griffin 2M2 CDOT Form#1283 01/09 Mice Patrol Supvr. 17-2 Tammy Leeper Previous versions are obsolete and should not be used. CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS The following Standard Provisions are terms and site restoration,Completed Operations coverage shall be conditions of this(permit' provided for a minimum period of one year following final acceptance of work. Effective January 1,3008 If any aggregate a e ate limit is reduced below 1,000,000 Utility work authorized under this permit shall comply with the requirements of because of claims made or paid,the l immediately or the State Highway Utility Accommodation Code,and applicable federal,state, as applicable-their Contractor,shall immediately local,and industry cod s and regulations. obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate I Construction of any p ion of the highway facility,including the pavement or other document satisfactory to CDOT showing structure,subsurface s pport,drainage,landscaping elements and all compliance with this provision. appurtenant features,s all comply with the provisions of the CDOT Standard 3) Automobile Liability Insurance covering any auto(including owned,hired and non-owned autos)with a minimum limit as Specifications for Roa and Bridge Construction,and with the Colorado Standard Plans(M& Standards). follows:$1,000,000 each accident combined single limit. • 1. COMMENCEMENT AND COMPLETION 4) For any:a)engineering design;b)construction inspection;or,c) Work on highway Right of Way(ROW)shall not commence prior to issuance traffic control plans approved by a Traffic Control Supervisor; of a fully endorsed an validated permit. done in association with the operations or installations authorized by this permit,Professional Liability Insurance with minimum Permittee shall notify t e CDOT inspector: limits of liability of not less than$1,000,000 Each Claim and a. At least 2 rking days prior to commencing work,or resuming $1,000,000 Annual Aggregate. If the policy is written on a operations hich have been suspended for five or more consecutive Claims Made form,the Permittee,or,as applicable—their working da s Consultant or Contractor,shall renew and maintain Professional b. When cusp riding operations for 5 or more working days Liability Insurance for a minimum of two years following final c. Upon corn etion of work. acceptance of the work,or provide a project specific Policy with a two year extended reporting provision. Work shall not proceed beyond a completion date specified in the Special 5) Pollution Legal Liability Insurance with minimum limits of Provisions without written approval of the Department. liability of$1,000,000 Each Claim and$1,000,000 Annual 2. PLANS,PLAN REVISIONS,ALTERED WORK Aggregate. CDOT shall be named as an additional insured to the Pollution Legal Liability policy. If the Policy is a component of Plans or work sketch(EXHIBIT A)are subject to CDOT approval.A copy of the Professional Liability Policy,the Additional Insured the approved plans or sketch must be available on site during work.Plan requirement is waived,and the Policy shall be written on a revisions or altered wo`k differing in scope or nature from that authorized Claims Made form,with an extended reporting period of at least under this permit,are subject to CDOT prior approval.Permittee shall two year following final acceptance of the work. promptly notify the COOT inspector of changed or unforeseen conditions, which may occur on the job. 6) Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary(drop down)in 3. INSURANCE the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form Insurance Requirements for Utility and Special-Use Permits(Revised 7-05 per and shall be following form of the primary. The following form State Requirements) Excess Liability shall include CDOT as an additional insured. A. The Permit a shall obtain,and maintain at all times during the B. CDOT shall be named as additional insured on the Commercial performanc of work authorized by this Permit,insurance in the General Liability and Automobile Liability Insurance policies. following nds and amounts. The Permittee shall require any Completed operations additional insured coverage shall be on Contractor working for them within the State Highway Right of endorsements CG 2010 11/85,CG 2037,or equivalent. Coverage Way to obtain like coverage.The Permittee shall also require any required by the Permit will be primary over any insurance or self- Contractor or Consultant performing work described in sub- insurance program carried by the State of Colorado. paragraph 4)below,to obtain Professional Liability Insurance. C. The Insurance shall include provisions preventing cancellation or I) Workets'Compensation Insurance as required by state statute, non-renewal without at least 30 days prior notice to CDOT by and En1ployer's Liability Insurance covering all employees certified mail. acting within the course and scope of their employment and work on the activities authorized by this Permit. D. The Permittee,or,as applicable—their Contractor or Consultant, will require all insurance policies in any way related to the Permit 2) Commercial General Liability Insurance written on ISO and secured and maintained by the Permittee,Contractor or occurrence form CG 00 01 10/93 or equivalent,covering Consultant,to include clauses stating that each carrier will waive all premises operations,fire damage,independent Consultants, rights of recovery,under subrogation or otherwise,against CDOT, products and completed operations,blanket contractual liability, its agencies,institutions,organizations,officers,agents,employees personal injury,and advertising liability with minimum limits and volunteers. as follows: E. All policies evidencing the insurance coverages required hereunder a. $1,000,000 each occurrence; shall be issued by insurance companies satisfactory to CDOT. b. $2,000,000 general aggregate; F. The Permittee,or as applicable-their Contractor or Consultant, c. $2,000,000 products and completed operations aggregate; shall provide certificates showing insurance coverage required by aid this Permit to CDOT prior to commencing work. No later than 15 d. $ 0,000 any one fire. days prior to the expiration date of any such coverage,the Permittee,Contractor or Consultant,shall deliver CDOT certificates e. For tiny permanent Permittee-owned installations located of insurance evidencing renewals thereof. At any time during the with1n the State Highway Right of Way,highway repairs,or term of this contract,CDOT may request in writing,and the 02/06 CDOT Permit Form 333 and Standard Provisions Page 2 of 6 CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS Permittee,Contractor or Consultant,shall thereupon within 10 days vehicles through the work zone,and shall conform to the supply to CDOT,evidence satisfactory to CDOT of compliance requirements of the Americans with Disabilities Act. The TCP and with the provisions of this section. MHT's shall contain sufficient detail to demonstrate conformity with all applicable requirements. G. Notwithstanding subsection A of this section,if the Permittee is a "public entity"within the meaning of the Colorado Governmental c. The Permittee shall have a competent person at the work site at all Immunity Act CRS 24-10-101,et seq.,as amended("Act'),the times in responsible charge of temporary traffic control. In Permittee shall at all times during the term of this permit maintain situations where the TCP goes beyond any Typical Application only such liability insurance,by commercial policy or self- shown in the MUTCD,or particularly dangerous roadway or traffic insurance,as is necessary to meet its liabilities under the Act. Upon conditions exist,the Department may require the Permittee to have request by CDOT,the Permittee shall show proof of such insurance a Traffic Control Supervisor(TCS)develop or approve the TCP or satisfactory to CDOT. Public entity Permittees are not required to to have a TCS on-site during work. The TCS shall be certified as a name CDOT as an Additional Insured. worksite traffic supervisor by either the American Traffic Safety Services Association(ATSSA)or the Colorado Contractors H. If the Permittee engages a Contractor and/or Consultant to act Association(CCA),and shall have a current CDOT flaggers' independently from the Pennittee on the permitted work,that certification card. The TCS shall be responsible for the planning, Contractor and/or Consultant shall be required to provide an preparation,coordination,implementation,and inspection of the endorsement naming CDOT as an Additional Insured on their TCP. Commercial General Liability,Auto Liability,Pollution Legal Liability and Umbrella or Excess Liability policies. d. The Permittee shall not start the permitted work before the Department accepts the TCP. 4. WORK WHERE DEPARTMENT LACKS AUTHORITY e. The Department may review and order changes to the TCP and Utility work within municipal boundaries(pursuant to 43-2-135 CRS),on MHT's during performance of the work,as required. certain public lands,or on private property,may require separate approval of f. The Permittee shall comply with the TCP at all times during the appropriate jurisdictional agency or property owner. performance of the work. 5. INSTALLATIONS ON FREEWAYS g. The Permittee shall keep a copy of the TCP at the work site at all CDOT may permit utility accommodations on freeways,including but not times during performance of the work for inspection. limited to the Interstate System,only in accordance with Utility Accommodation Code provisions.Special case exceptions as defined therein h. The TCP shall ensure that closure of intersecting streets,road may be permitted only in accordance with FHWA-approved Departmental approaches and other access points is minimized. On heavily policy. traveled highways,the Department will not permit operations that • • interfere with traffic during periods of peak traffic flow. 6. JOI.NT USE ALTERNATIVES i. When Permittee operations coincide with highway construction or As directed or approved by CDOT,if necessary for the safe and efficient use of maintenance operations,the Permittee shall develop and implement the ROW,Permittee shall utilize joint use facilities such as the placement of the TCP in cooperation and coordination with the highway agency two or more separate lines in a common trench,or attachment to the same and/or its contractors and as otherwise directed by the Department overhead support.The Permittee will be responsible for proper coordination in the permit. with other affected utilities. j. All flaggers shall have a current CDOT flagger certification card 7. ATTACHMENT TO HIGHWAY STRUCTURES and shall be capable of communicating with the traveling public and others at the work site. Permittee is responsible for designing structure attachments,subject to the approval of the CDOT Staff Bridge Design Engineer. 10. NCHRP 350 CRASHWORTHINESS REQUIREMENTS FOR WORK ZONE TRAFFIC CONTROL DEVICES 8. DRAINAGE WAYS AND WATERCOURSES Work zone devices designated by FHWA as:Category I,including but not The flow of water shall not ever be impaired or interrupted.Where possible, limited to single-piece drums,tubes,cones and delineators;Category II, crossings of ditches,canals or water-carrying structures shall be bored or including but not limited to barricades,vertical panels with light,drums or jacked beneath.Irrigation ditch or canal crossings require approval of the ditch cones with light,portable sign supports,intrusion detectors and type III company or owner.Permittee shall repair damage to any drainage facility to the barricades;or as Category III,including but not limited to concrete barriers, satisfaction of the owner. fixed sign supports,crash cushions,and other work zone devices not meeting the definitions of Category I or II;shall meet NCHRP 350 crash test 9. TRAFFIC CONTROL PLAN requirements. The Permittee,or their contractor shall obtain and make available upon request,the manufacturer's written NCHRP 350 certification,or as applicable,the FHWA Acceptance Letter,for each type of device. FHWA a. Prior to commencing work,the Permittee shall develop and submit to the Department for acceptance,a Traffic Control Plan(TCP)for Acceptance Letters for Category II or Category III Work Zone Devices may be any accommodation work that will affect traffic movement or accessed through the FHWA website at safety. The Permittee shall implement the TCP and utilize traffic http://safety.thwa.dot.gov/roadway dept/road hardware/wzd.htm control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site. 11. WORKER SAFETY AND HEALTH a. All workers within the State Highway right of way shall comply with b. The Permittee shall develop the TCP,and Methods of Handling Traffic(MHT's)included therein,in conformance with the Manual their employer's safety and health policies/procedures and all on Uniform Traffic Control Devices(MUTCD),the Colorado applicable U.S.Occupational Safety and Health Administration Supplement thereto adopted by the Commission pursuant to sections (OSHA)regulations-including,but not limited to the applicable sections of 29 CFR Part 1910-Occupational Safety and Health 42-4-104 and 42-4-105 CRS,the Department's standard specifications for temporary traffic control and the Department's Standards and 29 CFR Part 1926 -Safety and Health Regulations standard plans for signing-Standard Plans S 630-1 and S 630-2. for Construction. The TCP shall include provisions for the passage of emergency 02/06 CDOT Permit Form 333 and Standard Provisions Page 3 of 6 • CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS b. Personal protective equipment(PPE)(e.g.head protection, footwear,high visibility apparel,safety glasses,hearing protection, e. Thrust blocks are required on all vertical and horizontal bends in respirators,gloves,etc.)shall be worn as appropriate for the work pressure pipes. being performed,and as specified in regulation. At a minimum,all workers in the SH ROW,except when in their vehicles,shall wear f. Meters shall not be placed on highway ROW except within the following personal protective equipment: corporate limits where municipal regulations allow such use. 1) Head protection that complies with the ANSI Z89.1standard; 15. ALIGNMENT,COVER,CLEARANCE 2) At all construction sites or whenever there is danger of injury a. Location and alignment of Permittee's facilities shall only be as to feed,workers shall comply with OSHA's PPE requirements specified in this permit or as otherwise indicated in the approved for font protection per 29 CFR 1910.136,1926.95,and plans or work sketch(EXHIBIT A). 1926. 6. If required,such footwear shall meet the requirements of ANSI Z41; b. Parallel installations will not be permitted under roadways (including curbing and/or shoulders)or median areas,except within 3) High visibility apparel,which shall,at a minimum comply corporate boundaries,subject to municipal regulations. with a Class 2 specifications of the ANSI/ISEA 107standard. Class apparel shall be considered for use at night or in c. Parallel installations should be located as near as practicable to the particularly hazardous situations. ROW line. Crossings shall be as nearly perpendicular to the highway as feasible. 4) The ost recent version of the ANSI standards listed above shall�pply. d. Where no feasible alternate locations exist,the Department may permit parallel installations along roadside areas within 15 feet from 12. ADA REQUIRIMENTS edge of shoulder or back of curb. In these cases,the facility must be so located and safeguarded as to avoid potential conflict with The Permittee shall comply with the applicable provisions of the Americans necessary highway appurtenances(signs,guard rail,delineators, With Disabilities Act,with respect to both permanent facilities installations and etc.). Specific safeguards such as increasing depth of cover to 60 temporary work zones. inches,capping,or encasement,shall be specified in this permit's Special Provisions. 13. CLEAR ROADSIDE CONSIDERATIONS e. Parallel installations shall follow a uniform alignment,wherever a. CDOT is committed to provide a roadside area that is as free as practical.Due consideration must be given to conserving space practical frbm nontraverseable hazards and fixed objects("clear available for future utility accommodations.The standard allowable zone").Nov above ground installations may be permitted within the deviation from the approved horizontal alignment is±18 inches. clear zone pnly upon a showing that no feasible alternate locations exist.Perm ttee must utilize appropriate countermeasures to f. Minimum cover shall conform to the Special Provisions.Normal minimize hazards. specified cover will be 48 inches or greater;reduced cover may be approved where site conditions warrant,subject to other safeguards b. Permittee small remove materials and equipment from the highway as may be specified or approved in the permit. Minimum overhead ROW at the close of daily operations. The traffic control plan must clearance shall conform to the Special Provisions,consistent with include protective measures where materials and equipment may be Utility Accommodation Code criteria. stored on IOW. Protection of open trenches and other excavations within hig way ROW shall be addressed in the Permittee's traffic 16. PAVEMENT CUTS AND REPAIRS control plan. All excavations shall be closed at the end of daily operations and no open excavation will be allowed in the clear zone Paved surfaces shall not be cut unless otherwise specified in this permit.No after dark. The Permittee agrees to promptly undertake mitigating more than one half the width of the roadbed may be opened at a time,when or correcti a actions acceptable to the Department upon notification otherwise permitted.Pavement shall be sawed or wheel-cut to a neat line. by CDOT Mat the installation permitted herein has resulted in a Pavement shall be replaced to a design equal to or greater than that of the hazardous situation for highway users. surrounding undisturbed pavement structure.Pavement repair shall conform to the Special Provisions or the approved plans. 14. GENERAL CONSTRUCTION REQUIREMENTS 17. BORLNG,JACKING,ENCASEMENT a. Work shall not be performed at night or on Saturdays,Sundays,or holidays without prior authorization or unless otherwise specified in Unless otherwise specified,buried crossings shall be bored or jacked beneath this permit CDOT may restrict work on ROW during adverse the roadway,at least from toe of slope to toe of opposite slope. Portals for weather conditions or during periods of high traffic volume. untrenched crossings more than 5 feet in depth shall be bulk headed in conformance with OSHA construction and safety standards. Portal limits of b. Those areas within ROW,which must be disturbed by permit untrenched crossings shall be established safely beyond the highway surface operations shall be kept to a practical minimum.Permittee shall not and clear zone and in no case shall the lateral distance from the surfaced area of spray,cut,j or trim trees or other landscaping elements within the highway to the boring or jacking pit be less than the vertical difference in highway 110W,unless such work is otherwise specified in this elevation between such surface and the bottom of the pit. Water jetting or permit,or clearly indicated on the approved plans. Cleated or tunneling is not permitted.Water assisted boring may be permitted as tracked equipment shall not work on or move over paved surfaces determined by the CDOT Inspector.Boring hole shall be oversized to the without mots,or pads on tracks. minimum amount required to allow pull-through of the conduit being installed. Resultant voids shall be grouted or otherwise backfilled,subject to CDOT c. Material removed from any portion of the roadway prism must be approval.Ends of bored sections shall not be covered before being inspected. replaced i like kind with equal or better compaction.Segregation Encasement shall be consistent with Utility Accommodation Code provisions. of material is not permitted. The permitted facility shall be of CDOT may require protective casing for shallow installations or certain durable materials in conformity with accepted practice or industry conduit materials. Encased crossings shall extend at least from toe of slope to standards,designed for long service life,and relatively free from , toe of slope,or the full width between access-control lines on freeways, routine servicing or maintenance. including the Interstate System. d. Construct on or compaction by means of jetting,puddling,or water 18. INSPECTION AND ACCEPTANCE flooding i prohibited within all highway ROW. 02/06 . CDOT Permit Form 333 and Standard Provisions Page 4 of 6 CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS a. CDOT will determine the extent of inspection services necessary for a given installation.Permittee shall attend final inspection as may g. If pre-existing solid waste or hazardous materials contamination be required. If the initial performance of permitted work was (including oil or gasoline contaminated soil,asbestos,chemicals, unacceptable,as determined by the Department,the Permittee shall mine tailings,etc.)are encountered during the performance of work, perform any reconstruction or improvement of that work as ordered the Permittee shall halt work in the affected area and immediately by the Department,in a timely manner and prior to any further contact the CDOT regional permitting office for direction as to how construction. If permitted operations are not being carried out in to proceed. compliance with the terms and conditions of this permit,the Department may order the Permittee to perform whatever corrective h. Spills shall be reported immediately using the CDOT Illicit measures are necessary to attain compliance with the permit. If Discharge Hotline(303)512-4446.Spills on the highway,into there is an immediate danger to the public's health,safety or waterways,or that may otherwise present an immediate danger to welfare,the Department may order the Permittee to cease all the public,shall be reported by calling 911 or the Colorado State operations and if necessary,to remove all equipment and facilities Patrol at(303)239-4501,and the Colorado Department of Public from the SHROW. Health and Environment at 1-(877)518-5608. b. Final acceptance does not relieve Permittee of maintenance 20. RESTORATION OF RIGHT OF WAY obligations toward those elements of the highway facility constructed under this permit. Final acceptance begins the two-year Prior to final acceptance,all disturbed portions of highway right of way shall warranty period(see requirement under"Operation and be cleaned up and restored to their original condition,subject to CDOT Maintenance"below). approval. Seeding,sodding,and planting shall be as specified,or otherwise approved by CDOT.Construction,maintenance and watering requirements 19. ENVIRONMENTAL CLEARANCES/PERMITS shall conform to the CDOT Standard Specifications.Where landscape restoration must be delayed due to seasonal requirements,such work may be a. It is the responsibility of the Permittee to determine which authorized by separate permit. Permittee shall use only certified weed-free environmental clearances and/or regulations apply to their activities seed and mulch.Permittee shall clean equipment before transporting it into or and to obtain any clearances that are required directly from the out of the state to prevent the migration of noxious weeds. appropriate regulatory agency prior to commencing work. Please refer to or request a copy of the"CDOT Environmental Clearance 21. OPERATION AND MAINTENANCE Information Summary"(ECIS)for details. The ECIS may be obtained from CDOT Permitting Offices or may be accessed via the a. Permittee agrees to own and maintain the installation permitted CDOT webpage at herein.The facility shall be kept in an adequate state of repair and http://www.dot.state.co.us/UtilityProgram/Forms.cfm. Failure to maintained in such a manner as to cause the least interference with comply with regulatory requirements may result in suspension or the normal operation and maintenance of the highway. revocation of your CDOT permit,or enforcement actions by other agencies. b. If any element of the transportation facility,constructed or replaced as a condition of this permit,fails within 24 months due to improper b. The Special Provisions of this permit shall list any specific construction or materials,Permittee shall make all repairs environmental clearances or permits that the Department has been immediately as notified in writing by CDOT. notified by the Permittee or by the administering regulatory agency apply to the operations authorized by this permit. The Special c. Routine,periodic maintenance and emergency repairs may be Provisions shall require the Permittee obtain the listed performed under the general terms and conditions of this permit. environmental clearances/permits prior to beginning work. CDOT shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic.In an emergency, c. The Permittee shall comply with all requirements described in the the CDOT Region office and the State Patrol shall immediately be CDOT Environmental Clearances Information Summary,including notified of possible traffic hazards.Emergency procedures shall be those pertaining to: coordinated beforehand,where possible. 1) Ecological Resources d. Maintenance activities requiring new excavation or other 2) Cultural Resources disturbance within highway ROW may require separate permit. 3) Discharges of Stormwater or Process Water Where highway construction or maintenance operations so require, 4) Hazardous Materials Permittee will shut off lines,remove all combustible materials from 5) Discharges of Dredged or Fill Material the highway right of way,or provide other temporary safeguards. 6) Erosion and Sediment Control 7) Disposal of Drilling Fluids 22. MARKERS,LOCATION AIDS,LOCATION ASSISTANCE 8) Concrete Washout 9) Spill Reporting a. The utility shall take all practical measures to ensure that buried 10) Transportation of Hazardous Materials utility facilities are surface-detectable by standard geophysical methods. Where the utility facilities,by the nature of their material d. Disturbance of any wildlife shall be avoided to the maximum extent properties,burial depth or other factors,may by themselves not be practicable. If threatened or endangered species or archeological or surface-detectable,the utility shall,where feasible,incorporate historical artifacts are encountered during the progress of a project, detection wire or other detection aids in the installation of those work in the subject area shall be halted and the CDOT regional facilities. In instances where detection aids are not feasible or permitting office shall be contacted immediately for direction as to would be ineffective and surface-detectability cannot be ensured, how to proceed. surface markers shall be installed as directed by the Department and as-constructed plans and showing the accurate horizontal and e. All discharges of stormwater or process water are subject to the vertical location of the buried facilities shall be provided to the applicable provisions of the Colorado Water Quality Control Act Department and the Colorado Discharge Permit Regulations. b. All plowed or trenched installations must include color-coded f. There shall be no disposal of hazardous materials in the state (using the American Public Works Association color coding highway right of way. Solid waste shall be removed from the state system)warning tape placed not less than 12 inches vertically above highway right of way and disposed of at a permitted facility or the top of the line. The warning tape shall be surface-detectable if designated collection point(such as the Permittee's own dumpster). needed to facilitate detection of the line. Drilling fluids must be disposed of as described in the ECIS. 02/06 CDOT Permit Form 333 and Standard Provisions Page 5 of 6 CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS c. The utility shall place readily identifiable markers at the right of c. The Permittee shall promptly remove all abandoned facilities from way line Where it is crossed by pipelines carrying transmittants the SH ROW and promptly restore the SH ROW to pre-existing or which are flammable,corrosive,expansive,energized,or unstable, other conditions prescribed by the Department unless the particularly if carried at high pressure or potential,except where a Department in writing expressly allows the facility to remain in vent will serve as a marker. place. Written notice from the Department,allowing an abandoned d. The utilityshall place markers for longitudinal underground facility to remain in place,may include special conditions. facilities vertically above the facilities or at a known horizontal offset,unless otherwise approved in writing by the Department. d. If utility facilities are retired or abandoned in place,the utility shall Each marker shall provide a fore-and backlight to succeeding and comply with that decision if directed by the Department: preceding markers. Markers shall be installed at suitable intervals along tangent sections,at angle points or points of curvature and at 1) cap,plug or fill lines, reasonable intervals along curves. 2) furnish suitable location records for any such buried facilities, 3) maintain its own records of such facilities and respond to e. The utility shall maintain any markers required by this Code for the locate notices/requests from the UNCC and/or excavators, In life of the installation. providing such locates,the utility will indicate to the requesting entity whether or not the subject facilities are f. The Department may require the utility to submit"as-constructed" retired or abandoned. plans. The Department may enter into an agreement with the utility 4) perform any other actions as deemed necessary by the whereby the Department can rely on those plans for the exact Department to protect the transportation facility and/or the location oif the utility for any future excavations,and need not give traveling public. notice to the utility under Article 1.5 of Title 9,C.R.S. e. If the ownership of utility facilities is transferred,both the original g. The utility will comply with the applicable requirements of Article Permittee and the new owner shall notify the Department in writing 1.5 of Title 9 C.R.S.,including any requirement to participate in the prior to the change in ownership,and such notice shall state the State's Notification Association pursuant to 9-1.5-105 C.R.S.. All planned date of change in ownership. The notice from the new owners of underground utilities within the SHROW,with the owner shall include a written statement accepting all terms and exception of the Department itself,must become members of the conditions of the existing permit,effective upon the planned date of UNCC Notification Association. the change in ownership. h. In addition to complying with the provisions of Article 1.5 of Title 9 C.R.S(one-Call Statute)in response to the Department's f. Utility facilities containing asbestos may not be abandoned in-place. notification of planned excavations,utility owners shall surface- Ordinarily,such facilities must be removed from the SHROW when mark their buried utility facilities that are located within the take out of service. On a case-by-case basis,the Department may SHROW ih order to facilitate Departmental engineering and design allow such facilities to be retired in-place,with the owner retaining activities,upon reasonable request from the Department,and at no full legal ownership and responsibility for the facilities. cost to theDepartment. The Permittee shall respond to such request within a reasonable timeframe acceptable to the Department,but no 25. SUSPENSION AND CANCELLATION longer than 14 calendar days from the date of request,and the accuracy Of the surface marking shall be within 18 inches of either a. The CDOT inspector may suspend operation due to: side of the actual location of the buried facility. 1) Non compliance with the provisions of this permit 23. ADJUSTMEN'T'S DUE TO HIGHWAY CONS TRUCTION 2) Adverse weather or traffic conditions 3) Concurrent transportation construction or maintenance If for any transportation purpose it becomes necessary to remove,adjust,or operations in conflict with the permitted work. relocate this facility,fermittee will do so promptly,at no cost to the CDOT 4) Any condition deemed unsafe for workers or for the general except as provided by law,upon written notice from CDOT and in accordance public. with the utility relocation permit issued to cover the necessary work. The utility shall perform tbe relocation at or within a time convenient to and in b. Work may resume when grounds for suspension no longer exist. proper coordination with the project or transportation-related activity,to minimize public inconvenience and cost,as directed by the Department in the This permit is subject to cancellation due to: permit authorizing the relocation. The utility company shall pay for damages 1) Persistent noncompliance with permit provisions caused by the compa y's delay in the performance of utility relocation work or 2) Abandonment or transfer of ownership interference with the erformance of transportation project work done by 3) Superseded by new permit covering the same installation others. Such damage include,but are not limited to,payments made by the 4) Conflict with necessary planned transportation construction. Department to any t d party based on a claim that performance of the transportation project work was delayed or interfered with as a direct result of c. Permittee must promptly terminate occupancy upon notice of the utility company's ailure to timely perform the utility relocation work. cancellation of permit,unless a new permit is applied for and Damages resulting fr m delays in the performance of the utility relocation granted. work or interference ith the transportation project work that are caused by events beyond the uti'ty company's ability to reasonably foresee or control(a d. Where Permittee does not fulfill an obligation to repair or maintain force majeure)shall riot be charged to the utility company. any portion of the highway facility,or control and safely maintain the flow of traffic thereon,CDOT reserves the right,in lieu of 24. ABANDONMENT,RETIREMENT,CHANGE IN OWNERSHIP canceling this permit,to accomplish the required work by any other appropriate means,and Pennittee shall be liable for the actual costs a. The Permittee shall notify the Department in writing of the planned thereof. retirement or abandonment of its facility or any portion thereof. The Department will notify the Permittee in writing if it determines that the facilities may be retired or abandoned in place,along with any special conditions that may apply. b. Retired facilities shall remain the Pennittee's sole responsibility, subject to all provisions of the Utility Accommodation Code and all of the terms and conditions of the permit issued for that facility, including maintenance and relocation requirements. 02/06 CDOT Permit Form 333 and Standard Provisions Page 6 of 6 COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE-This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities(such as Utility,Special Use or Access Permittees),about some of the more commonly encountered environmental permits/clearances that may apply to their activities. This listing is not all-inclusive-additional environmental or cultural resource permits/clearances may be required in certain instances. Appropriate local,state and federal agencies should be contacted for additional information if there is any uncertainty about what permits/clearances are required for a specific activity. IMPORTANT—Please Review The Following Information Carefully—Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your CDOT Permit,Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS-As indicated in the permit/clearance descriptions listed below,the following individuals or agencies may be contacted for additional information: • Colorado Department of Public Health and Environment(CDPHE):General Information—(303)692-2035 Water Quality Control Division(WQCD):(303)692-3500 Environmental Permitting Website http://www.cdphe.state.co.us/permits.asp. • CDOT Water Quality Program Manager: Rick Willard(303)757-9343 http://www.coloradodot.info/programs/environmental/water- quality • CDOT Asbestos Project Manager:Theresa Santangelo-Dreiling,(303)512-5524 • Colorado Office of Archaeology and Historic Preservation:(303)866-3395 • U.S.Army Corps of Engineers, District Regulatory Offices: Omaha District(NE Colorado), Denver Office(303)979-4120 http://www.nwo.usace.armv.mil/html/od-tl/tri-lakes.html Sacramento Dist.(Western CO),Grand Junction Office(970)243-1199 http://www.spk.usace.armv.mil/cespk-co/regulatory/ Albuquerque District(SE Colorado), Pueblo Reg.Office(719)-543-6915 http://www.spa.usace.armv.mil/rep/ • CDOT Utilities,Special Use and Access Permitting:(303)757-9654 http://www.dot.state.co.us/Permits/ Ecological Resources—Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work,work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website,http://coloradodot.info/programs/environmental/wildlife/guidelines,or the Colorado Division of Wildlife website http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcem/. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager(RPEM). Cultural Resources—The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation(OAHP), Denver,to ascertain if historic or archaeological resources have previously been identified. Inventory of the permit area by a qualified cultural resources specialist may be necessary,per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses,all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM. Contact Information: Contact the OAHP for file search at(303)866-3395. Paleontological Resources-The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder,and the Denver Museum of Nature and Science to ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office in the Permit Special Provisions. Contact Information:Contact the CDOT Paleontologist at(303)757-9632. Hazardous Materials,Solid Waste-The Solid Wastes Disposal Sites and Facilities Act C.R.S.30-20-100, et al,and Regulations Pertaining to Solid Waste Disposal Sites and Facilities(6 CCR 1007-2),prohibit solid waste disposal without an approved Certificate of Designation(a landfill permit). The Colorado Hazardous Waste Act C.R.S.25-15-301 et al,and the Colorado Hazardous Waste Regulations(6 CCR 1007-3)prohibit the transfer,storage or disposal(TSD)of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore,all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point(e.g.,for solid waste,a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination(including oil or petroleum contaminated soil,asbestos,chemicals, mine tailings, etc.)is encountered during the performance of work,the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Info:Andy Flurkey,CDOT Hazardous Materials Project Manager,(303)512-5520. Asbestos Containing Materials,Asbestos Contaminated Soil—All work on asbestos containing materials(ACM)must comply with the applicable requirements of the CDPHE Air Pollution Control Division's(APCD)Regulation 8. Disposal of ACM,and work done in asbestos-contaminated soil,must comply with the CDPHE Hazardous Materials and Waste Management Division's(HMWMD)Solid Waste Regulations. The application for any CDOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. Contact Info:CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed above. Additional information concerning clearance on CDOT protects is available from the CDOT Asbestos Project Manager(303)512- 5519,or Theresa Santangelo-Dreiling, Property Management Supervisor(303)512-5524. Environmental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation December'10 Transportation of Hazardous Materials-No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed,described,packaged,marked, labeled,and in condition for shipment as required or authorized by applicable requirements,or an exemption,approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization artd more info call the Federal Motor Safety Carrier Administration, US DOT for inter-and intra-state HAZMAT Registration(3 3)969-6748. Colorado Public Utilities Commission:(303)894-2868. Discharge of redged or Fill Material—404 Permits Administered By the U.S.Army Corps of Engineers,and Section 401 Water Quality Certifications Issued by the CDPHE WQCD-Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States,including wetlands. There are various types of 404 Permits,including Nationwide Permits,which are issued for activities with relatively minor impacts. For example,there is a Nationwide Permit for Utility Line Activities(VWP#12). However,depending upon the specific circumstances,it is possible that either a"General"or"Individual" 404 permit would be required. If an Individual 404 Permit is required,Section 401 water quality certification from the CDPHE WQCD is also required Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required(conta t information above). Contact the CDPHE Water Quality Control Division at(303)692-3500. Workin on or in an r stream or its bank-In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct,d minish,destroy,change, modify,or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1)represented by a solid blue line on USGS 7.5'quadrangle maps;and/or 2)intermittent streams providing live water beneficial to fish and wildlife;and/or 3)segments of streams supporting 25%or more cover within 100 yards upstream or downstream of the project;and/or 4)segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife(CDOW) application,as per guidelines agreed upon by CDOT and CDOW,can be accessed at http://www.co lotadodot.info/p roq ra ms/environmental/wi I d I ife/q u i del i n es. Stormwater Construction Permit(SCP)and Stormwater Discharge From Industrial Facilities-Discharges of stormwater runoff from construction sites disturbing one acre or more-or certain types of industrial facilities,such as concrete batch plants-requires a CDPS Stormwater Construction Permit. Contact Information:For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at(303)757- 9343. Otherwise,contact the CDPHE Water Quality Control Division at(303)692-3500. Website: http://www.cd e.state.co.us/wo/PermitsUnit/index.html. Construction ewaterinq(Discharge or Infiltration)-Discharges of water encountered during excavation or work in wet areas may require a onstruction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CD HE WQCD at(303)692-3500. For Dewatering Application and Instructions,see Section 3 at the CDPHE website: http://www.cd pte.state.co.us/wo/PermitsU nit/FORMSandAppl ications/Appsandforms newpage.html Municipal Separate Storm Sewer System(MS4)Discharge Permit—Discharges from the storm sewer systems of larger municipalities,and from the CDOT highway drainage system that lies within those municipalities,are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to an MS4 permit,the owner of such facility should gontact the municipality regarding stormwater related clearances that may have been established under that municipality's S4 permit. All discharges to the CDOT highway drainage system or within the Right of Way(ROW)must comply with the applicable rovisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit#COS- 000005(http:/ .coloradodot.info/programs/environmental/water-quality/documents/COOT%20MS4%20Permit.doc/view)and COR-030000( ttp://www.cdphe.state.co.us/wq/PermitsUnit/PERMITS/SWpermitsrats/SWConstructionPErmit.pdf). Discharges are subject to insp ction by CDOT and CDHPE. Contact the CDPHE Water Quality Control Division at(303)692-3500 for a listing of municipalities required to obtain MS4 Permits,or go to http://www.cdphe.state.co.us/wq/permitsunit/MS4/MS4Permittees.pdf. General Prohi 3ition—Discharges-All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Disci'arge Permit Regulations. Prohibited discharges include,but are not limited to,substances such as wash water, paint, automotive fluff s,solvents,oils or soaps and sediment. Allowable non-stormwater discharges can be found at http://www.colc radodot.info/programs/environmental/water-quality/glossary.html#AllowableDischarge. Contact Information: Contact the CDOT Wat r Quality Program Manager at(303)757-9343,or the Colorado Department of Public Health and Environment,Water Quality Contro Division at(303)692-3500. General Auth rization-Allowable Non-Stormwater Discharges-Unless otherwise identified by CDOT or the WQCD as significant • sources of poll tants to the waters of the State,the following discharges to stormwater systems are allowed without a Colorado Discharge Per it System permit: landscape irrigation,diverted stream flows,uncontaminated ground water infiltration to separate storm sewers, ischarges from potable water sources,foundation drains,air conditioning condensation,irrigation water, uncontaminat springs,footing drains;water line flushing,flows from riparian habitats and wetlands,and flow from fire fighting activities. Co act Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone#'s isted above). Erosion and ediment Control Practices-For activities requiring a Stormwater Construction Permit,erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required,all reasonable measures should be taken in order to minimize erosion and sedimentation according to CDOT 208 specifications. In either case,the CDOT Erosion Control and St rmwater Quality Guide(most recent version)should be used to design erosion controls and to restore disturbed vegetation. C tact Information:The CDOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at(303)757-9313 or from:http://www.dot.state.co.us/environmental/envWaterQual/wgms4.asp Error!Hyperlink reference n valid. Disposal of D illinq Fluids-Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as"discharges" or"solid waste ",and in general,should be pumped or vacuumed from the construction area,removed from the State Highway Right of Way,and di posed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains,storm Environmental Cl arances Information Summary Page 2 of 3 Colorado Department of Transportation December'10 sewers,roadside ditches or any other type of man-made or natural waterway is prohibited by Water Quality Control and/or Solid Waste regulations. Small quantities of drilling fluid solids(less than 1 cubic yard of solids)may be left on-site after either being- separated from fluids or after infiltration of the water,provided: 1)the drilling fluid consists of only water and bentonite clay,or, if required for proper drilling properties,small quantities of polymer additives that are approved for use in drinking water well drilling;2) the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area,3)the solids are covered and the area restored as required by CDOT permit requirements(Utility,Special Use,or Access Permits,etc.). Contact Information: Contact the CDOT/CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout-Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways,inlets,receiving waters, or in the CDOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters,drainageways, and inlets. Concrete washout shall only be performed as specified by the CDOT Environmental Program and shall be in accordance to CDOT specifications and guidelines. Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343. Website:http://www.coloradodot.info/programs/environmental/water- quality/revised-rn-standards;refer to the link Revision of Sections 101, 107, 208,213 and 620 Water Quality Control One or More Acres of Disturbance for additional guidance. Spill Reporting-Spills shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at(303)512-4446(4H2O),as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways,into waterways,any spill in the highway right-of-way exceeding 25 gallons,or that may otherwise present an immediate danger to the public shall be reported by calling 911,and shall also be reported to the CDPHE at 1-877-518-5608. About This Form-Questions or comments about this Information Summary may be directed to Alex Karami,CDOT Safety&Traffic Engineering,Utilities Unit,at(303)757-9841,mailto:alex.karami @dot.state.co.us. Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation December`10 Cer icate of Participation Colorado Counties Casualty and Property Pool (CAPP) For the Coverage Period January 1,2013 through December 31,2013 EAGLE COUNTY Counties Casualty and Property Pool(CAPP)hereby certifies that Eagle County Is a participating her of CAPP for the period beginning January 1,2013 through December 31,2013.The coverages, 4. of membership,ship,and other provisions app able to members of CAPP are as described in CAPP's and intergovernmental Agreement and in the applicable excess policies,policy statements and - •4 - eras thereto,copies of Mich have been or will be provided to Eagle County. The • and monetary*nits of the coverages provided b Eagle County through membership in CAPP,in . or the payment of its contributions,are limited,as of the date of this certificate,to those which we • below.The scope,terms,conditions and limlatbrns of coverages are governed by the . . agreement and policies. I) The types of COVII111.811,subject to the limit on CAPP's liability In Section fi below,are as foliage: A) Property(inducing EDP,moble eirulprnent,and auto physical damage) 8) Liability 1) Bodily Injury,Amy Manage(General Liability,Auto Liability) 2) Wrongful Acts commuted in the conduct of duties(Public Entity Mangement Liability) 3) Bodily injury.Property Damage,Personal Injury(Law Enforcement Liability) 4) Envois or omissions in the adrninistralion Wan insureds employee benefits(Employee Benefits Liability) 5) Injury resulting from healthcare professional services rendered by any'named who is not a mescal doctor,psychologist,psychotherapist or nine practitioner.(14ealthcffe Professional Liability). C) Crime 1) Monies and Securities(inside) 2) Monies and Securities(outside) 3) Employee Fidelity D) Boiler and Machinery 0) CAPP Retention,Aggregate Limits,Ind Member Deductibles For the coverages described In>edan i,CAPP shall be gable only for payment of the self,Insured retention and only to a totai annual aggregate amount for members of CAPP as a whole of the emoted of the CAPP loss fund for the coverage period.CAPP's per dain*cctrrence retentions are hulled to the following for the foregoing tw 0 w A) $150,000 per claim/occurrence property-County deductible$500 e) $250,000 per clain/occnmrence liability(per coverage line)-County deductible$0 except in certain claims-See CAPP Board and Member Policy Statements. C) 3150.000 per dalmloocrrrenoe criers-County deductible$600 D) $5,000 per loss boiler and machinery-Calmly deductible$500 CAPP 2013 Cedlllcate of Participation There la delmatoccurrenceallosses(property a maintenance demrctibla of$500,WMeh apples b each of the Countys lust party under the applicable CAPP re . )+ of the deductible reduces the amount otherwise payable PB na$1 losses,CAPP has d aggregate retention protection with a pool secured retention of Y policy year. Coverages in mess of the foregoing pool retentions are provided only by the excess insurers lo applicable excess wand are payable only by those excess insurers.The limits of coverage provided by the excess insurers ace A. From ,000 per claim/occurrence to$10 million per claim/occurrence except for auto,which Is non- aggregated,subject to the foiawing: All liability coverages are provided on a dolma-made coverage tor'.In no event shall the ma*rum per claim/occurrence payment exceed the following for general liability,cub labBly,pubic entity management liability,law enforcement Nobility,employee benefits lability or healthcare professional y claims subject to the Governmental Innrwauhy Act: $160,000 per person and$800,000 per occurrence.Additional limits,subunits and aggregates apply as provided in the applicable excess B. Crime From$150,000 to$1 ninon each occurrence. C. Boller and Madtbery From$5,000 to the cost of repairlrepiacement for each actual loss sustained up to$100 million. Additional limits,subs mite and aggregates apply as provided in the applicable excess policies. D. Property From$150,000 to$100 million each occurrence.WI Risk basis with sublimits or$10 nhilon newly acquired property,$5 million new construction each ooanrenoe and$1 orlon unscheduled locations. Sarbunits of$5 milon for properly In Flood Zone A and$50 milon for property in all ether flood zones. aPPIY as provided in the property must be reported*Win 90 days.Additional limits,sublirrits and aggregates appScable excess policies. The excess insurers for the coverage period are One Beacon and Leidngbn insurance Co.and Mac= trhfalriatlon concerning the LAPP loss fund for the coverage period maybe obtained by contacting CAPP tl>rough Na • AdmitisGatdr,County Technical Services,Inc.(CTSI). Colorado Counties Casualty and Property Pool Alen E.Chapman,CIS!Executive November 29,2012 CAPP 2013 Certificate of Participation 1G to Dotsero Trail Retaining Wall Submittal 29,2013 SUMMARY OF CLEARANCE ACTIONS Right of Way: All construction on the project will be within the C DOT right of way or located on 650 feet of BLM property on the west end of the project. No additional rights of way or private easements are required. The BLM right-of way grant is attached and covers three locations,including the wall location. The Decision Record for the project determined there is No Significant impact regarding the project. Utilties: Facility information and project review was sought from the following utilities in the area. 1. Holy Cross Energy: No conflicts. Contact is Jeff Vroom,Engineer. E.Caryl note: Facilities are overhead and not within the project boundaries. 2. Source Gas: 4"main line is on north side of Highway 6(project is on south side Hwy 6). Four service lines in this area,but none in the wall project section. Contact is Clifford Dick,Division Manager. 3. CenturyLink(includes former Qwest facilities): 25 pair phone line on the south side of Highway 6,underground as it approaches the project and then overhead on four poles between river and planned trail on wall. The poles will not be disturbed but we are exploring with Century Link the ability to bury the overhead line in the sloped embedment area of the wall to eliminate the visual impact on river views from trail. That item will be resolved prior to bidding and our CDOT contact will be advised. CenturyLink fiber is buried in the project area,between the proposed trail and Eagle River. The above phone line may be buried in the same trench as fiber,with final method to be determined with Contractor and Century Link. Qwest transport fiber is buried crosses to the north side of Highway 6,outside of the project area. 4. Comcast: No response. No facilities believed to be in area.Locates will re-confirm no issues. 5. There are no water and sewer services in this area. All adjacent properties are served by wells and septic. 6. Locates will be refreshed prior to any earthwork. 'C lie 0 f it tg fill ill -a, .',',-- 4-,-,71,' o r-ii Nil, 1 ,?� 1g ® -, - a0 3r x o 4 b - a ry 5 ij Ii3 A , ,. I X 1 ',. .P.:t''''),,* att • e a to s 4. u' & Z ' 4 a 'Cr ,..ttis I .... z 8 F ig 0 E d. 0 m . iu O m . o . d m tin O gg . a W • O r ` ■ NI X a v c. J m ` 0 • q W W ` O i m ar 0 o Ill ii. ! U 4. o _a. a E. • II v J ✓ m 0 a I Y. ^' i i I 8 U : owl ,4, I III. , E40. 0 SUMMARY OF PRELIMINARY TRAFFIC CONTROL PLAN The Contractor selected for the work will be required to submit a final Traffic Control Plan that coordinates the method for handling traffic with their construction methods and schedule. A preliminary traffic control plan is included in this submittal,indicating that at minimum"Shoulder Work Ahead"and"Shoulder Closed"signs will be placed. A final traffic control plan prepared by the selected Contractor will be submitted two weeks prior to start of construction. Staging will occur on the CDOT right of way trail platform and on an adjacent County open space parcel known as"Duck Pond." Construction access will take place from the Duck Pond driveway on the project's west side and from an at-grade area off of the Highway 6 shoulder on the east side of the Project- Construction entrances,per the SWMP,will be installed at these two locations and restored to same or better condition following project completion. STATE OF COLORADO DEPAR4MENT OF TRANSPORTATION ^ Region 3 Traffic&Safety ' . SOT Utility Perrnit Section 222 Soutft 6"'Street,Room 100 m�∎�� Grand Junction,Colorado 81501 till■■■■ (970)683+6271 LATE FALL, WINTER AND SPRING SPECIAL PROVISIONS FOR WORK WITHIN CDOT ROW It's that time of year again when work within the Right of Way (ROW) becomes a special concern. Due to Northwest Colorado's unpredictable weatliier, work in the ROW can create several types of hazards for the traveling public, contractors, and their personnel. The condition of the highway can change quickly. Mud tracked onto the highway by equipment, or ice and snowpack are just a few of the conditions that make the roadway more hazardous for all concerned. The terrain within the ROW must be kept clear of hazards as well. Holes, trenches, equipment and materials can make the terrain "unrecoverable" for a driver should his/her vehicle leave the highway. Activities must be shut down when the roadway is other than dry. The use of frozen materials for backfilling will only lead to settlement. The contractor must make extra effort to compact the excavation. In the spring, any settlement of badkfill shall be repaired. The re-vegetation shall take place yet this fall or early next spring. 441111741,*;„ ST fjA tat 922~^9 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic and Safety Pr 1 OT Utility Permit Section 222 South 6th Street,Room 100 Grand Junction,Colorado 81501 DEPARTMENfr oc ,,,p,, (970)683-6288 FAX:(970)683-6290 3130131-S Permit No 070 FR Highway No 136-137mm Mile Marker 2MARY2 Patrol No SPECIAL PROVISIONS FOR SPECIAL USE PERMITS-PEDESTRIAN&BIKE PATH THE SPECIAL PROVSIONS ARE TERMS AND CONDTIONS OF THIS PERMIT CDOT IS NOT A UNCC MEMBER AND UNCC WILL NOT LOCATE CDOT FACILITIES. PERMITTED WORK REQUIRES PERMITTEE OR CONTRACTORS TO CONTACT CDOT(970)248- 7230, FOR LOCATES IF ANY CDOT SIGNALS, FLASHING BEACONS, ELECTICAL SIGNS, LUMINARIES, AND WEATHER STATIONS ARE LOCATED WITHIN 3000 FEET OF CONSTRUCTION AREA NOTICE NO UNDERGROUND INSTALLATIONS..SHALL:BE PERFORMED FROM 15 NOVEMBER TO 15 APRII , T-LESS fTHE CDOTiINSPECTOR:ON'rHE PERMIT e llAS APPROVED OF�1`13E INST ELATION 'D. IfRINGFAT �f_m iME FRAME.EMERGENCY REPAIRS A`RE REVIEW N?&COMPL�`WIT;H THE FATTACHED `SPECIALF PROVISIONS FOR LATE FALL — ER AND SPRING". TRAFFIC CONTROL 1. The complete permit for this work,including approved 4. All work shall cease when weather creates a safety Colorado Department of Transportation(to be know as hazard for the traveling public andfor barrow ditch is CDOT or the Department)permit, construction and wet enough to leave tire or cleat marks. traffic control plans,will be kept at the work site at all times.Thepermittee is responsiblefor providing traffic 5. Advanced warning and construction signs, flashers, control plans that conforms to and meets the barricades and flag people must conform to the Manual requirements of the Manual on Uniform Traffic on Uniform Traffic Control Devices, Colorado Control Devices (MUTCD) and the Colorado Supplements,and must be in place before work starts suaolements. each day. 2. To meet conditions encountered in the field, minor 6. Any advance warning signs not in use for a particular changes or additions may be ordered and approved by activity shall be removed,placed outside of the clear the CDOT Field Inspector. zone, or laid flat at least 4' from the edge of the shoulder and not on landscaped areas or sidewalks. 3. All CDOT employees shall be considered as inspectors This applies to both signs and structures. when the safety of the traveling public, safety of contractors,employees,or integrity of the property of 7. All flagging personnel must be certified and have their CDOT is at risk. certification cards available for inspection at any time. 8. Lane closures must be as short as possible and as per the MUTCD. Flaggers are required for each lane rtvvr Tra1«..o... .. V..• closure.,Advance warning signs must be placed as per 12. No work shall proceed beyond the expiration date MUTCI). All temporary traffic control signs shall be specified on the permit without written approval of the removed, covered or laid on the ground during non- Department. working hours. 13. No work shall be permitted at night or on Saturday, 9. Two-w traffic shall be maintained at all times in the Sunday, or holidays without prior authorization or, constru 'on area in accordance with the M.U.T.C.D. unless otherwise specified in this permit. CDOT and Col do Supplements. observed holidays remaining:Thursday,November 22, 2012 (Thanksgiving Day), Tuesday, December 25, WOR$ER SAFETY AND HEALTH 2012(Christmas Day observed),Tuesday,January 1, 2013(New Year's Day observed),Monday,January 16, 10. All wormers within the State Highway right of way shall 2013 (Martin Luther King, Jr. Birthday), Monday, comply 1 with their employer's safety and health February 20,2013(Presidents Day),Monday,May 18, policies/procedures, and all applicable U.S. 2013 (Memorial Day), Thursday, July 4, 2013 Occupy Safety and Health Administration (Independence Day), Monday, September 2, 2013 (OSHA regulations-including, but not limited to the (Labor Day),Monday, October 14, 2013 (Columbus applica le sections of 29 CFR Part 1910-Occupation Day), Monday, November 11, 2013 (Veteran's Day Safety d Health Standards and 29 CFR Part 1926- observed), Thursday, November 28, 2013 Safety d Health Regulations for Construction. (Thanksgiving Day),Wednesday,December 25,2013 (Christmas Day). Personal protective equipment (e.g. head protection, footwe ,high visibility apparel,safety glasses,hearing 14. On three(3)day weekend holidays,the project shall be protecti n,respirators, gloves, etc.) shall be worn as prior to the following Tuesday morning. shut down by 12:00 Noon on Friday,and not resume appropriate for the work being performed, and as specifie in regulation. At a minimum,all workers in the Sta Highway right of way,except when in their 15. Work hours for this permit are from one hour after vehicle shall wear the following personal protective sunrise to one hour before sunset, unless otherwise equipm t: stated in the permit. • Head protection,that complies with the ANSI 16. Permittee is responsible for the safety of the traveling 289.11997 standard; public at all times when work is being done. • At all construction sites or whenever there is 17. Forty-eight(48)hour notification must be given for the danger of injury to feet,workers shall comply underground location of CDOT owned facilities.Phone with OSHA's PPE requirements for foot (970)683-6271. protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required,such footwear shall 18. Any damage to highway facilities,such as traffic lights, meet the requirements of ANSLZ41-1999; streetlights, concrete walkways, bike paths, asphalt, I signing,etc,shall be repaired and reported immediately • High visibility apparel as specified in the and notification must be given to the CDOT Inspector ,Traffic Control provisions of this permit(at a or contact CSP Dispatch—970-824-6501 Craig&970- ,minimum,ANSI/ISEA 107-1999,Class 2). 249 4392 Montrose. any oftheabove-reference ANSI standards 19. Should any excavation encounter plant or animal hav Whtre been revised,the most recent version of the fossils,the remains of historic or prehistoric structures, standard shall apply historic or prehistoric artifacts(bottle dumps,charcoal from subsurface hearths,pottery,potsherds,stone tools, CONSTRUCTION arrowheads,etc.),the operation shall cease at once and the permittee shall contact the CDOT Environmental 11. The permittee must notify the CDOT inspector no less Office (970)683-6250 for guidance. than tw (2) days prior to any work on highway 20 Permittee assumes all responsibility for any and all land right-of ay. CDOT Inspector's name or alternate contact d phone number is on the permit. survey monuments within the permitted area of the right-of-way. If disturbed or destroyed,the permittee r11/11"1-14414.,C........n....:_-J 1 ine bears full cost for replacement.Construction may need 27. All pavement markings removed or damaged during the to be re-routed to avoid disturbing High Accuracy utility installation will be replaced. Reference Network Survey Land Markers Direct any questions within five(5)days prior to construction to: 28. Areas of roadway and right-of-way disturbed during Region Survey Coordinator,222 South 6th St.,Room this installation will be restored to the original contour 317,Grand Junction,CO 81501 at 970-683-6230. and condition by grading to drain,top soiled,fertilized, mulched and reseeded with approved material at 21. If petroleum or other potentially hazardous material is specified proportions.Mulch,fertilizer and seed shall encountered during excavation, work shall cease be"certified weed free". Refer to Section 212&213 of immediately.The proper disposal of any soils or other the "Colorado Department of Transportation material determined to be hazardous and/or Standard Specifications for Road and Bridge contaminated by fugitive petroleum uncovered or Construction". Copies of weed free certification may excavated during the performance of utility construction be required by CDOT Region 3 permit section. shall be the sole responsibility of the Utility and shall be accomplished in accordance with all applicable 29. No equipment or materials will be allowed on the main Federal, State and Local laws and regulations. Such lanes or the roadway during construction. clean up and disposal shall be at no cost to CDOT. 30. All work and materials to meet or exceed the most 22. All construction vehicles,delivery vehicles and traffic current issue of the "Colorado Department of control vehicles shall be equipped with flashing Transportation Standard Specifications for Road and amber/yellow beacons, which are visible from all Bridge Construction" &"Colorado Department of directions. Only construction vehicles involved in the Transportation Standard Plans-M&S Standards". construction are to be at the work site. It is important to limit the number of extraneous vehicles at each work 31. All drainage facilities shall be constructed in such a site. Staging areas shall be pre-approved. fashion as to not allow water to stand on any portion of highway right of way. 23. Staging and material storage areas,within the right of way must be pre-approved and beyond the clear zone. 32. No landscape items such as railroad ties,large rocks, Employee parking within the right of way shall be timber,etc.shall be placed within 30 feet of edge of the restricted and shall not be allowed, except in pre- asphalt. approved contractor staging areas and beyond the clear zone. The only vehicles allowed within the highway 33. No signs or structures of any kind shall be erected on clear zone are the construction vehicles necessary for highway right of way without CDOT approval. the operation,such as the Inspector, Superintendent, Mechanic and Supervisor. Parking along the shoulder 34. It is understood that the Colorado Department of of the highway is not allowed. Contractor utilizing Transportation reserves the right to enter the private property for material storage and staging areas biice/pedestrian area to perform maintenance activities shall furnish CDOT with documentation that permission at any time and without prior communication. has been obtained from the property owner. 35. Unacceptable work shall be promptly removed and 24. No highway, roadway, or bike path (asphalt) or replaced in an acceptable manner. Final acceptance (concrete)will be cut unless specified on the permit. does not relieve permittee of maintenance obligations toward those elements of the highway facility 25. All backfill is subject to AASHTO standard compaction constructed under this permit. T-99 or T-180 as appropriate. Compaction and materials testing maybe required at the discretion of the 36. All procedures and work are subject to CDOT Department of Transportation. Flow fill shall be used approval. for all parallel installations within 6 feet of the asphalt. 37. All work to be as per permit and submitted plans. 26. Material removed from any portion of the roadway must be replaced in lilce kind with equal or better MISCELLANEOUS compaction. No segregation of materials will be permitted. 38. The permittee hereby assumes,releases and agrees to indemnify, defend, protect and save the State of ("Tll1T T TtiT.F..C..".. n_s_.4,1A4 Coloradb harmless from and against any loss of and/or company shall have any liability to the permittee for damage Ito the property of the State of Colorado,third such damage. parties er the permittee's facilities including loss of services;loss and/or damage on account of injury to or 43. If any element of the highway facility,constructed or death o any person,whosoever, arising at any time, replaced as a condition of this permit fails within two caused or growing out of the occupation ofColorado years due to improper construction, installation or State sportation rights-of-way the permittee's materials,permittee will be responsible for making all facilitie or any part thereof,unless such loss and/or repairs immediately as notified. damage the direct result of any willful and wanton act of the S to of Colorado or its employees. 44. Should any permitted facilities be abandoned,permittee agrees to notify the CDOT Region office and remove 39. Permittee is prohibited from any illicit or non-storm any or all portions of such installation, as may be water discharges that are prohibited by State Water designated by CDOT. Quality laws. If further information is necessary, CDOT Shall provide a copy of the Environmental 45. The expiration date of this permit is noted on the Clearances Summary. Permittee agrees that it shall be permit. Any request to extend the time frame of this respons$le for obtaining all necessary environmental permit shall be made in writing. Submittal of an clearances and permits from all agencies(U.S.Army additional permit application may be required. Corps o Engineers, Colorado Divisions of Wildlife, U.S. crest Service, U.S. Bureau of Land 46. Use of the trail shall be limited to bicycles,pedestrians, Manag ent, Colorado Department of Health & wheelchairs, and other non-motorized users. No Enviro ent, county health department, etc.) before motorized vehicle use will be permitted,with the Use of comme' ing any work under this permit. Without the Trail shall be limited to bicycles, pedestrians, these cl rances& . rmhts this '•rmit shall be not wheelchairs, and other non-motorized users. No in eff . Permittee also agrees to assume all motorized vehicle use will be permitted, with the responsi a ility and liability in connection with potential exception of motorized vehicles necessary for enviro.i i ental hazards encountered in connection with maintenance of the trail, motorized wheelchairs, its work 'i der this permit.The permittee must show all motorized bicycles, self-balancing personal enviro a i ental permits and clearances to CDOT(Utility transportation devices (Segways) and emergency Inspect' or Environmental Officer) on request and vehicles and emergency access. prior to a nstruction. 47. The Local Agency has determined that the entire 40. CDOT eed for Right of Way:The Department will bicyclelpedestrian trail is not a significant publicly not repl a or relocate any landscaping placed within owned park, recreation area or refuge and therefore, the righ of way if CDOT has to have it removed for Section 4(f)of the U.S.Department of Transportation any reas n,but not limited to:safety,maintenance,and Act does not apply. constru 'on. 48. The Local Agency is solely responsible for all 41. In the e t any changes are made to this highway for maintenance of the trail. The Local Agency shall be any rtation purpose in the future that necessitate solely responsible and liable for any and all claims, remo adjustment,or relocation of this installation, damages, liability and court awards including costs, permitte will do so promptly at no cost to CDOT expenses and attorney fees,which arise as a result of except provide by law, upon written notice from the acts of its employees or agents or their acts of CDOT. omission,if any,in designing,constructing,operating, or maintenance of the Project within the State's Right of 42. The pe is responsible to ensure no damage Way.Nothing in this contract shall be construed as a occurs t•existing utility and other installations that may waiver by the State or the Local.Agency of the be pres i t on the State Highway right of way during provisions and protections of the Colorado landsca• a g activities. CDOT reserves the right to issue Governmental Immunity Act, Section 2410-101, et utility . i i Is allowing installation of utilities in the seq.,C.R.S.,as now enacted or hereafter amended. State Hi a way right of way. The permittee shall not interfere with these installations which will take 49. The Local Agency recognizes that the State must retain preced y 1 e over any landscaping activity.If any utility the superior right to use the State's Right of Way for installation destroys a significant portion of the highway purposes and that the Local Agency's use of permitt landscaping, neither CDOT nor the utility the State Right of Way,is at all times subordinate to E. Final acceptance by the State under this paragraph and subject to any and all current and future roadway does not waive any State legal rights contained operations,maintenance and State highway needs and herein. purposes, as determined by the State in its sole discretion. The State may revoke this license,and the 51. Within 120 days after Local Agency issuance and State Local Agency shall relinquish all use of the State Right acceptance of the Certificate of Final Completion,the of Way without any cost or liability to the State Local Agency shall prepare and deliver to the State the whenever the State, in its sole discretion, determines final sets of plans and specifications (the "As-built" that the State Right of Way is required for any state plans) for the Project, based upon surveyor's data highway purpose. Such revocation shall occur maintained by the Local Agency. A copy of said plans automatically within 180 days after receipt of written shall be made a part of this contract by reference. notice from the State that such Right of Way is needed for current or future roadway operations,maintenance, 52. If for any transportation purpose it becomes necessary or other State highway needs and purposes. to remove, adjust, or relocate the facility authorized pursuant to this Special Use Permit,Permittee will do 50. Upon satisfactory completion of construction of the so promptly,at no cost to CDOT,upon written notice Project, the Local Agency will issue to the State a from CDOT. The Permittee shall perform the Certificate of Final Completion showing the date of relocation/removal work at or within a time convenient final completion and certifying that the Project has been to and in proper coordination with the project or constructed according to the approved plans and transportation related activity, to minimize public specifications.Determination of satisfactory completion inconvenience and cost, as directed by CDOT. The of the Project shall be made by the State in accordance Permittee shall pay for damages caused by the with the following procedures: Permittee's delay in the performance of the facility relocation/removal work or interference with the A. Upon due notice from the Local Agency's project performance of transportation work performed by representative of presumptive completion of the others. Such damages include,but are not limited to, Trail Project,the State's Inspector will participate payments made by CDOT to any third party based on a in an inspection of the Trail Project with the Local claim that performance of the transportation project Agency and the Contractor. work was delayed or interfered with as a direct result of the Permittee's failure to timely perform the B. If construction of those portions of the Project, relocation/removal work. Damages resulting from within or affecting State Right of Way is found delays in the performance of the facility completed to the satisfaction of the State's relocation/removal work or interference with the Inspector,that inspection shall constitute the final transportation work that are caused by events beyond inspection and the State's Inspector will notify the the Permittee's ability to reasonably foresee or control Local Agency in writing of the State's acceptance (a force majeure)shall not be charged to the Permittee. of the Project as of the date of the final inspection. C. If the inspection discloses any work,in whole or in part as being unsatisfactory,the State's Inspector will give the Local Agency directions for correction of same, and the Local Agency shall direct its contractor to implement the State's directions subject to the provisions of paragraph 21.b.of this contract. D. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. In such event,the State's Inspector will notify the Local Agency in writing of the State's acceptance of the Project as of the date of the final inspection. y y 0>% 2 N p 1 5C O lJ N N C 0 o 0 p: Sys, .0 in c c +; 3 ° .cam 0 a, R 4. .E" 1 F 0, o• .0 as -0 0 U m '� o M a a c - = 0 a. $ 'tto r3 t° F �"+ rA ON 0 oA . 0 m U '� .fl C 0 1y 0 d 3 v o .0 y. o AA O m 0 Q, CI 4 00 04 Y g 4 -0 c. C C 0 o Opp 3 e sa . U'33 0 .0 >, ,oaf O 1 .2m0 IQ-I V 44, .g N z•a L o L o 6 E > .0 " -a o ) 0O 9 C m . 2 W � 4 di Z `u 8 " :4; - 4-, , a l aai 0. 2 4 W 41 N d v b 8 at p o.0 0 u. 6t�7y 4 0 rA CD A , is v `m-' Q'. N 0 s t y A G CO C O U b c = 0 ° _ mss ° 0 - - E∎ a E1 ? 2 o o a 5 pwu, w •e 0 ; .E8 ,y Q � o u s Q eg iw a� = s � h 8 Cd • o ... w cn W m U a0s 1 4) a3 � z o C F d r° u . 92 ,s o = = bra,. w2 ,..... 0.2 .rt f..*• 0 41 Ei e m b a E 0 0 • 0 0. 7U 9 AC Q R 0. 0 g a 0 14 ,010 ,, z _>,cd • 0 ti O .0 .o0 .aO �•6 # >, 0 a Si 4 W W U W E'' t 01 ed 0'14ot 0 ›,.V. .a. CAt la eS :C4 :8 E•4 t t Fio g 17 es' 4 U wOa i = ar0 0c. ,." U 4 4 USACE NATIONWIDE PERMIT 14 FOR LINEAR TRANSPORTATION PROJECT AND WETLAND DELINEATION REPORT ,E:ilT 8F DEPARTMENT OF THE ARMY la. , z U.S.ARMY ENGINEER DISTRICT,SACRAMENTO (qo m a ,— ,Iv, CORPS OF ENGINEERS y -."4...05,4",- p�`� 1325 J STREET °'reres of�'' SACRAMENTO CA 95814-2922 REPLY TO ATTENTION OF June 11, 2012 Regulatory Division (SPK-2012-00329) Ms. Ellie Caryl Eagle County—ECO Trails P.O. Box 1070 Gypsum, Colorado 81637 Dear Ms. Caryl: We are responding to your March 29, 2012 request for a Department of the Army permit for Phases II and III of the Gypsum to Dotsero Recreational Trail project. This approximately 4.3-mile project involves the discharge of fill material in waters of the United States associated with construction of the trail. The project is located near the Eagle River, in Sections 1, 2, 3 and 4, Township 5 South, Range 86 W, Sixth Principal Meridian, Latitude 39.64678°, Longitude-107.01385°, approximately 2.2 miles wost of Gypsum, Eagle County, Colorado. Based on the information you provided,the proposed activity, which will result in the permanent loss of approximately 0.07 acre of wetlands, is authorized by Nationwide Permit(NWP)Number 14 - Linear Transportation Projects. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and regional conditions, and the following special conditions: 1. Thy Permittee is responsible for all work authorized herein and for ensuring that all contractors and workers are made aware of and adhere to the terms and conditions of this permit authorizati n. You shall ensure that a copy of the permit authorization and associated drawings are availab'e for quick reference at the project site until all construction activities are completed. 2. Prier to initiation of any construction activities within waters of the U.S.,you shall employ constructiol best management practices (BMPs)on-site to prevent degradation to on-site and off- site waters Of the U.S. Methods shall include the use of appropriate measures to intercept and capture sed ment prior to entering waters of the U.S., as well as erosion control measures along the perimet r of all work areas to prevent the displacement of fill material.All BMPs shall be in place prior o initiation of any construction activities (or prior to the initiation of each phase of the project) an shall remain until construction activities are completed. Erosion control methods shall remaiiii in place until all on-site soils are stabilized. 3. Yon must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work. -2- This verification is valid for two years from the date of this letter or until the NWP is modified, reissued, or revoked,whichever comes first. Failure to comply with the General and Regional Conditions of this NWP, or the project-specific Special Conditions of this authorization,may result in the suspension or revocation of your authorization. Please refer to identification number SPK-2012-00329 in any correspondence concerning this project. If you have any questions, please contact me at our Colorado West Regulatory Branch, 400 Rood Avenue, Room 224, Grand Junction, CO 81501, email Lesley.A.McWhirter @usace.army.mil, or telephone 970-243-1199 x17. For more information regarding our program, please visit our website at _ • We would appreciate your feedback. At your earliest convenience, please tell us how we are doing by completing the customer survey on our website under Customer Service Survey. Sincerely, . 6kiity c � , Lesley McWhirter Senior Project Manager Colorado West Regulatory Branch Enclosures: 1. Nationwide Pennit 14 Summary 2. Compliance Certification Copy Furnished without enclosures: Ms. Daiva Katieb, Watershed Environmental Consultants, Inc., P.O. Box 3722, Eagle, CO 81631 • Wetland Delineation Report Gypsum to Dotsero, Phase II & Ill Eagle County, Colorado Prepared for: ECO Trails Ms. Ellie Caryl P.O. Box 1070 Gypsum, CO 81637 Prepared by: Watershed Environmental Consultants, Inc. P.O. Box 3722 Eagle, Colorado 81631 May 16, 2012 (Supplemental Report to March 23, 2012 PCN submittal) TABLE OF CONTENTS Page I. INTRODUCTION 1 II. METHODS 1 III. DESCRIPTION OF STUDY AREA 5 Soils 5 Vegetation. 6 Hydrology 8 IV. RESULTS 10 Wetlands & Jurisdictional Waters of the U.S 10 V. REFERENCES 25 VI. APPENDICIES 26 LIST OF TABLES Table Page 1 . Plant Species List, Portions of Gypsum to Dotsero, Phase II & III 7 LIST OF FIGURES Figure Page 1 . Overview of proposed trail alignment 3 2. Project vicinity map 4 3. Soils map 6 4. Location of unnamed ephemeral drainage 10 5. Wetland delineation overview 12 6. Arial view of approximate review area for BLM & CDOT `Narrows' site 12 7. Wetland A boundary 14 8. View looking west on BLM & CDOT `Narrows' site within Wetland A review area 13 9. View looking west on a portion of riparian Wetland A, CDOT 'Narrows' site 14 10. Arial view of approximate review area for Wetland B, ECO 'Duck Pond' and 'Yellow house' sites 14 11. View looking west on Wetland B, ECO `Duck Pond' site. The area between the wetland boundary and trail alignment is proposed for fill to accommodate the trail alignment 15 12. View lookin g west of pond backwater area and Wetland B delineation on ECO `Duck Pond' site 15 13. View looking east of Wetland B, includes pond and wetland delineation on ECO `Duck Pond' site 16 TABLE OF CONTENTS Figure Page 14. View looking east of Wetland B delineation on ECO 'Yellow house' site 16 15. View looking west of approximate trail alignment on ECO `Yellow house' site, no wetlands 17 16. Arial view of approximate review area for unnamed ephemeral drainage 17 17. Culvert under Interstate 70 and Highway 6 for ephemeral drainage day lighting on CDOT right-of-way review area, showing no associated wetlands 18 18. View toward Eagle River of ephemeral drainage, rio associated wetlands 18 19. Overview of upland areas proximate to the Eagle River within Phase II and III of the proposed frail alignment 19 20. Arial view of approximate review area for BLM 'Horse Pasture' site 20 21. View west of Eagle River north bank within BLM 'Horse Pasture' site .. 20 22. upland and riparian interface on the BLM 'Horse Pasture' site, trail evaluation area is entirely within uplands 21 23. View looking west of uplands within the western portion of BLM 'Horse Pasture' review area 21 24. 18-inch culvert under Highway 6 day lighting on BLM 'Horse Pasture' review area, no associated wetlands and not tributary to the Eagle River 22 25. Atrial view of approximate review area for CDOT right-of-way adjacent to R. Long property 22 26. CDOT right-of-way review area, no wetlands, jurisdictional limits at the OHWM of the Eagle River secondary channel not to be impacted ... 23 27. Atrial view of approximate review area for BLM 'Lava' site 23 28. View west of approximate trail alignment on BIM 'Lava' site, no wetlands 24 LIST OF APPENDICES Appendix Page A. Data forms 10 B. Trail overview map and vvoetland delineation map 37 I. INTRODUCTION: Eagle County Trails Department (ECO Trails) is developing plans to build portions of Phase II and Ill of a pedestrian/bicycling trail from Gypsum to Dotsero, Colorado. The two phases were evaluated for wetlands or jurisdictional waters of the U.S. Ms. Ellie Caryl, ECO Trails Program Manager, is supervising the proposed project. The contact information for Ms. Caryl is P.O. Box 1070, Gypsum, Colorado 81637, 970-328-8780, ellie.caryl @eaglecounty.us. Phase II and Phase Ill of the proposed trail alignment is adjacent to and south of U.S. Highway 6 for the approximate 2.4-mile segment. The alignment begins west of Gypsum at the Bureau of Land Management (BLM) Horse Pasture site, continues west, toward Dotsero, terminating at the western limits of the BLM, Lava site (Appendix B). This analysis includes all areas of the proposed alignment within 25 feet of the centerline as identified in the field and reflected on the included drawings, Appendix B. The total review area is approximately 14.55 acres. The site can be reached by driving approximately 2.2 miles west on Highway 6 from Gypsum, Colorado. The eastern limits of the proposed trail alignment is located at 39°38'58" N latitude and 106°59'34" W longitude and the western limits of the alignment is located at 39°38'41" N latitude and 107°02'05" W longitude. The project site is located within portions of Sections 1, 2, 3 and 4, Township 5 South, Range 86 West on the Gypsum U.S. Geological Survey (USGS) quadrangle. The site has been evaluated for wetlands or jurisdictional waters of the U.S. Site visits were conducted on January 10th, 12th and 18th, 2011 and May 1 and 8th, 2012. The delineation will assist with the planning and design of the recreation trail. The Trail alignment is almost entirely within the Colorado Department of Transportation (CDOT) right-of-way. The alignment deviates into Eagle County owned open space in two places and Bureau of Land Management (BLM) property in one place, near the eastern end of Phase II (Horse Pasture site). The project has been reviewed by both agencies, CDOT and BLM, and has received necessary approval from both agencies to proceed as planned. II. METHODS: Wetlands were evaluated by employing procedures described in the U.S. Army Corps of Engineers (USACE) Wetlands Delineation Manual (1987) and the Regional Supplement: Arid West Region (2008). The decision to use the Arid West Regional Supplement was based upon the landscape and site conditions, including pinion juniper woodland, which dominates the vegetation type in the vicinity of the project area. A routine on-site inspection for wetland areas less than 5 acres was conducted. Wetland boundaries were based on the Wetland Delineation Report 1 Gypsum to Dotsero, Phases II & Ill prevalence of hydrophytic vegetation, hydric soils, and indicators of wetland hydrology. If a sample point met all three parameters, it was classified as occurring in a wetland. The U.S. Army Corps of Engineers will make the final determination regarding wetland jurisdiction. Section III (Description of Study Area) of this report records the evaluation of the soils, vegetation and hydrology of the site. Photographs of the study site are included in Section IV (Results) of this report. Table 1 lists the dominant . vegetation observed on the project site. Data forms are provided in Appendix A. The wetland boundaries were identified in the field with flags labeled alpha. - numerically. These flagged points were surveyed and a map is provided in Appendix B. Y : z i 'fi;„ ,,,,,,x%--, . ,Appraxin ate trail alignment ,,,,” , , , . ;i , y i , .i 11- I ST ,;,;;;40, e� w Sv i ` °Y l' z i -* ;;;14341/t.' '' r 44*. IN.. \ +s ` Phase H ' Phu.se lit r Figure 1: Overview of proposed trail alignment. Wetland elineation Report 2 Gypsum o Dotsero, Phases II & Ill 10702.000'W 10701.000 W 107000.000'W WGS84 106°s5.000'W 5 ',,,,,',',23s'' �� :+ �t%',;..„,:7,:i.,1' r _e t. rik_ ,i 27 \ 20, t 111 ��c .r. �' O tiS, . mac) y kd0!! s ` .g _,p x Z .. r of + ` —_ Z pp l 4 °a , rrf ,t ;-:k ',,,•.,.' U i r` i f} /..,,..`; -8 fix.. . t.'" I t _ r�{ if' xd d< m q,', 1 �a i, '3 i+ t '` �'aPo-. ;'''',,,-;'?,,,":%-/=".4-' 7.-1,'-';,4=-4-2/•-•;,------,2..-�'t � t 3 crater : 3 '-` 3� 0 3 t . = ,, s .. .r VX .te ` e k t , 'i 1 I 5 r!f ,.. l7 z r-� " i .' p (' • Z m.*,,.'""n"-”;_;-,,,,__ i j -�_ � •.� —_ter o� ._,("'`..� a. .rya - sa.lam gi..x%: iv ( - A1 . :.- , - - • _ , ' �i i -t ` t 't 1 Jt 3 . .— „s, , ,I , ...- , -- , - ______ : i, , , ,-..i ., ... — , ...-',-• 1 , ,- ,K— 7 -,-, . /t {/ " ' 3rt r .�� ,;,: its' ,° .--'7',-...,/ 1!+f _ ! Fe' :• P �'o .�J/ k d>1cG „�IJ °. ek t 4 _'e 1, y. �_.J tEti r (.N r 107002000'W 107°01.000'W 107°00.000'W WGS84 1060s5.000'W �-#(,•N 0 S I MlE I:U`= FEET 0 sac !an JETENS Figure 2: Project vicinity map. Wetland Delineation Report 3 Gypsum to Dotsero, Phases II & Ill III. DESCRIPTION OF STUDY AREA: Climatic data was obtained at station EAGLE FAA AIRPORT - 052454, located at 6,500 feet above sea level, 39°40' latitude and 106°50' longitude. This station is about 4.2 miles, straight-line distance east of the project site. The recorded mean annual precipitation is 10.88 inches and the mean annual temperature is 42.6°F, both values were averaged over 107 years of record (Western Regional Climate Center, 2012). Precipitation is relatively evenly distributed throughout the yecyr, with slightly higher amounts occurring in July, August, and September. The conditions during the site visits were warm and dry. Very mild winter conditions allowed for observation throughout January. The site was revisited in May of this year. The 2011/2012 winter was exceptionally warm and dry throughout the region with below average snowfall. Soils The Natural Resource Conservation Service (NRCS) has mapped the majority of the soils along the trail development area as deep, well-drained Yamo loam, 6 to 12 percent slopes (115). This soil is formed in colluvium derived primarily from sandstone, shale, and gypsum. Typically, these soils have a loamy texture throughout the profile. Permeability is moderate, runoff is medium, and the hazard of water erosion is slight in the Yamo soil (NRCS, 1992). The Yamo soil is not included on the Hydric Soils of Colorado list. The other soil type found near the project location is Redrob loam, 1 to 6 percent slopes (92). This soil type is mostly found on the point bars established on the inside meanders of the Eagle River. This deep, somewhat poorly drained soil is commonly found on alluvial valley floors, low terraces, and floodplains, and is formed in mixed alluvium derived primarily from sandstone and shale. Typically, these are soils with a loam or cobbly or stony loam texture. Permeability is moderate in the surface layer of the soil and rapid in the rest of the profile. Runoff is slow, and the hazard of water erosion is slight to moderate on steeper slopes (NRCS, 1992). These soils are not included on the Hydric Soils of Colorado list but have a high water table at a depth of 18 to 48 inches through ut the year and are subject to rare flooding events of brief duration. The trail alignment generally avoids the Redrob loam soil and is mostly aligned upon th Yamo loam soil. It is the Redrob loam soil that is more likely to support hydric s ils associated with wetlands. Yamo loam surface soils were confirmed in the fi Id at various locations within the trail alignment during the site visits. Many areas directly adjacent to the roadway had surface gravel and fill on top of the native soil. Wetland elineation Report 4 Gypsum t Dotsero, Phases II & Ill �. • = i � °' 1 ,. a" _ r ..{ 'ffi - 'o 's�• �e•b .. v$44. fib. " _ .�`T _` . •F` X,' n , Figure 3:Soils map (NRCS, 1992). Vegetation Relatively uniform moisture and temperature results in little diversity of vegetative community habitats through the study area. The majority of the study area can be classified as a sagebrush shrubland vegetative community. This community is dominated by Wyoming big sagebrush (Artemisia tridentate) and is adapted to semi-desert environments, typical of lower elevation plateaus and river valleys to nearly 8,000 feet. The shrub canopy formed by Wyoming big sagebrush on the site ranges from open to moderately closed. Large stands of greasewood (Sarcobatus vermiculatus) exist in locations. Greasewood often is associated with areas of seasonal high water table and fine texture, alkaline soils. Many locations within the study area, mostly on the outside meanders of the Eagle River, do not support a riparian zone. Instead upland vegetation exists to the edge of a steeply cut bank. In areas where there is greater floodplain development along the Eagle River, a riparian zone has resulted. The change in vegetation type is abrupt in most areas with little transition zone. The riparian area is mostly comprised of a dense shrub layer dominated by willow (Salix spp.) and grasses including basin wildrye (Leymus cinereus), tufted hairgrass (Deschampsia caespitosa) and reed canary grass (Phalaris arundinaceae). A list of the dominant plant species observed on the study area is contained in Table 1. • Wetland Delineation Report 5 Gypsum to Dotsero, Phases II & Ill Table 1. - Plant Species List, Portions of Gypsum to Dotsero, Phase II & Ill Scientific Name Common Name Family Origin Wetland Status* Achillea millefolium Common Yarrow Asteraceae Native FACU Achnatherum Indian ricegrass Poaceae Native UPL hymen4ides Agropyl-on Crested Poaceae Introduced NL cristatu wheatgrass _ Artemis a Wyoming big Asteraceae Native NL trident to sagebrush Asclepi s speciosa Showy milkweed Asclepiadaceae Native FAC Carex riebraskensis Nebraska sedge Cyperaceae Native OBL Chrysothamnus Douglas Asteraceae Native NL viscidiflprus rabbitbrush Descharnpsia Tufted hairgrass Poaceae Native FACW caespitcsa Heraclelum Cow parsnip Piaceae Native FAC maximum Hesperdstipa Needle and Poaceae Native NL comata thread Juncus balticus Baltic rush Juncaceae Native FACW Koelerid Prairie junegrass Poaceae Native NL macranitha Kraschehinnikovia Winterfat Chenopodiaceae Native NL Janata Leymus cinereus Basin wildrye Poaceae Native FAC Pascopyrum smithii Western Poaceae Native FAC wheatgrass Phalaris ', Reed canary Poaceae Native OBL arundincrceae grass Phleum pretense Timothy Poaceae Introduced FACU Poo seclunda Sandberg Poaceae Native FACU bluegrass Pseudorbegneria Bluebunch Poaceae Native UPL spicata wheatgrass Rosa woodsii Wood rose Rosaceae Native FAC- Salix bebbiana Bebb willow Salicaceae Native FACW+ Salix Blue willow Salicaceae Native FACW+ drummandiana Wetland elineation Report 6 Gypsum t Dotsero, Phases II & Ill Scientific Name Common Name Family Origin Wetland Status* Salix exigua Narrowleaf willow Salicaceae Native OBL Sarcobatus Greasewood Chenopodiaceae Native FAC vermiculatus Sitanion hystrix Bottlebrush Poaceae Native NL squirreltail Stipa comate Needleandthread Poaceae Native NL grass Tamarix Tamarisk Tamariskaceae Introduced FACW ramosissima Thinopyrum Intermediate Poaceae Introduced NL intermedium wheatgrass *Wetland Status NL Not Listed NI No Indicator UPL Obligate Upland FACU Facultative Upland FAC Facultative FACW Facultative Wet OBL Obligate Hydrology The Eagle River is the dominant hydrologic feature near the site. This perennial stream drains a watershed of approximately 945 square miles above the gaged location. The Eagle River flows into the Colorado River about 1 .3 miles downstream of the BLM `Lava' site, the westernmost portion of the study area. Elevations within the watershed range from approximately 6,200 feet at the western portion of the study area to about 12,000 feet above sea level at the headwaters. The watershed is primarily forested at higher elevations and generally dominated by montane shrubland communities at lower elevations. Hydrologic records for the Eagle River were obtained from the U.S. Geological Survey (USGS) hydrograph records for Station Number 09070000, EAGLE RIVER BELOW GYPSUM, COLORADO, located at 39°38'58" latitude, 106°57'11" longitude NAD27, at 6,275.11 feet above sea level. This gage is about 2.3 miles straight-line distance upstream and east of the project site. This gage provides the best available information about the river flows near the trail alignment. The gage has been in operation from 1946 to present, providing 65 years of complete record. Wetland Delineation Report 7 Gypsum to Dotsero, Phases II & III The hydrology of the Eagle River is dominated by the annual cycle of snowmelt runoff. Peak streamflow resulting from snowmelt occurs in May, June, or July each year, followed by lowest flows throughout the fall and winter months. Average annual streamflow of the Eagle River at the gage location is 576 cubic feet poi. second (cfs). The average peak runoff is 4,077 cfs. The highest streamflow at this location, 7,240 cfs, was recorded on June 7, 2010. The highest mean Monthly streamflow is 2,300 cfs in June and the lowest mean monthly streamflow is 174 cfs in February. The other open water body within the project evaluation area is a man-made pond on the County owned `Duck Pond' parcel. The pond elevation appears to be approximately 15 feet higher than the river elevation. The pond is separated from the river by a levee, which could have been constructed when the pond was built or be a natural occurrence. This levee is located on the river- right bank of the Eagle River, slightly upstream of the pond. The pond fills at the downstream end from backwater during high flow. The pond stays full throughout an average or above average water year, with more water during spring runoff and less during base-flow. Groundwater most probably contributes to a portion of the pond volume. Additional stormwater runoff as surface drainage from the adjacent uplands and roadways contributes water to the pond periodically. An unnamed ephemeral drainage originating north of Interstate 70 near the Dotsero Crater enters the project site via a concrete box culvert (Figure 17). The box culvert and subject drainage occurs near station 106+00 of the proposed trail ali nment. The unnamed ephemeral drainage has a relatively straight channe1l form and about 6% average slope. The channel shows little evidence of receipt flow and was entirely dry at the time of observation. Flow likely occurs infrequ¢ntly in response to high intensity storms. The box culvert is nearly clogged with sediment and is vegetated below the mouth. The channel betweein the mouth of the culvert and the Eagle River has been manipulated or man-altered in the past by grading and fill activity (Figure 18). Because of this, a significant nexus could not be definitively determined; however, for the purposes of this i vestigation, we assume that the feature is jurisdictional. The unnamed ephem ral drainage did not have any associated wetlands at the mouth of the culvert nd in the study area. Wetland I elineation Report 8 Gypsum t Dotsero, Phases II & Ill r46'- 1 1 nni: , 2 7 t xsou �,l y 2 0 1,r ' \ LG; c . . . fi '' E ! t ; - ,� ix f .i tit f , r ti �._ f{f's + 3 i 3 ♦ , t _A cL,- f ! 34 _ c7'. i :ti'', ` 4 y Unnamed -. ephemeral ' '‘'.-'' - '4 -4 '_, .. k , . ... _.. ,._. ,,,'".`� '.�,._i.--T1' ' -. 1 . drainage An ,,, . ....,...„,,,,,,,,:.,, coin.. t �f: , ,, ,.. ,,,,,.,,,,, ,,,. ••-• Subject t '. k. 014 >� � <. k F review a. ; :/'' area ,y .63" $ .'�',irs.�:AGLBJai�" '. ' Figure 4: Location of unnamed ephemeral drainage. IV. RESULTS: Wetlands &Jurisdictional Waters of the U.S. Two wetland areas, A and B, were identified within the project review area. These include: • Wetland A, approximately 0.45 acres of riverine emergent and scrub/shrub wetlands, • Wetland B, approximately 1.68 acres of both lacustrine scrub/shrub wetlands and riverine emergent and scrub/shrub wetlands. Wetland A (Figures 6 - 9) includes the riverine emergent and scrub/shrub wetland habitat type. These wetlands include the riparian area associated with the Eagle River and are supported by the river system including the shallow water table. The western side of the identified Wetland A did not have any wetlands. In this area, the uplands abut the steep, actively eroding riverbank; thus, limits of jurisdiction associated with the Clean Water Act (CWA) were Wetland Delineation Report 9 Gypsum to Dotsero, Phases II & Ill I identified at the ordinary high water mark (OHWM) which nearly coincided with the top of the eroded bank. A portion of Wetland B (Figures 10 - 14) includes the lacustrine scrub/shrub wetland habitat type associated with the north bank of the pond on the `Duck Pond' bite. The wetlands were identified along the change in soil type, which nearly coincided with the limits of the OHWM. The following indicators were used to identify the OHWM: • dear, natural line impressed on the bank, • The presence of debris, • Changes in the character of soil, • Destruction of terrestrial vegetation. As Wetland B continues westward, the riverine emergent and scrub/shrub wetland habitat type was evident. The Eagle River and associated ground water support the hydrology of this wetland area. In certdlin areas, all aspects of wetlands, hydrophytic vegetation, hydric soils, and indicators of wetland hydrology, were evident. The boundary in these locations was generally identified along the change in soils and dominant vegetation type. In other areas, jurisdictional limits were established at the OHWM. The occurrence of wetlands delineated by this study were limited to areas within the trail alignment impact area. An unnamed ephemeral drainage tributary to the Eagle River has been identified on the project site within Phase III near station 106+00. Interstate 70 and Highway 6 have altered the historic channel of the ephemeral drainage. A culvert under the roadways connects the drainage to the area south of the roadways. Physical manipulation of drainage has impacted the connectivity of the drainage to the Eagle River and a significant nexus could not be definitively determined; however, for the purposes of this investigation, we assume that the feature is jurisdictional. The unnamed ephemeral drainage did not have any associated wetlands at the mouth of the culvert and in the study area. Wetland elineation Report 10 Gypsum i . Dotsero, Phases II & Ill Approximate .R: , y'"Wetland impact ",° area ` ' �- '` - •r ' t.,.. , 'i s,' - -47 ,ry a t r, , b� � , te 1. '41.---,, +F r.`r' t„.,rot w. ,yi. J Y., Approxinna Approximate area`of area of 1 Wetland B Wetland A Figure 5: Wetland delineation overview. `ApproxImpte`Y m,Rio. ,revie ri ea it 4 P .o r Figure 6: Arial view of approximate review area for Wetland A, CDOT 'Narrows'site. Wetland Delineation Report 11 Gypsum to Dotsero, Phases II & Ill } t , gam Uplands to edge of bank, Jurisdictional boundary at .; OHWM r • 4 .; Figure 7: Wetland A boundary on CDOT `Narrows' site. kr",,.......,,,i,„;.,,,P 1,v 4.31rs 1,--' '''',,t; 4Z.g;1.0., i• '" - I , .4 t:, i,....* '.. N. ''''Xxl -,,,,.-epAp. - '.. ,. %, '... . .. , -, -,-,': z TPA" 4'.." o- _ � t. Trail - _-.- '.iv., "INAilif.'f' '''V Irk • Fi'!ure 8: View looking west on CDOT 'Narrows' site within the Wetland A review area. Wetland Delineation Report 12 Gypsum o Dotsero, Phases II & Ill t t. ` . % Wetland A r? tt{ 3 boundary . � � �1 � "� 4.„4.00,-, --,- --4:::?-r,,,, _ - 1 4'i' t _ -� . . �, . t • Figure 9: View looking west on a portion of riparian Wetland A, CDOT 'Narrows' site. rith . . t‹,_ "4._ . Approximate Wetland , review area if x 4 ) b Figure 10: Arial view of approximate review area for Wetland B, ECO 'Duck Pond' and 'Yellow house' sites. Wetland Delineation Report 13 Gypsum to Dotsero, Phases II & Ill 4-`v 7c, Pond sr...„, om. r+�- Uplands Wetland By _ Approximate �. trail boundary alignment Filure 11:View looking west on Wetland B, ECO 'Duck Pond' site. The area between the w-tland boundary and trail alignment is proposed for fill to accommodate the trail alignment. ..y► _ ^eta. Wetland B boundary Wetlands 3; Vir r '- �' Figure 12:View looking west of pond backwater area and Wetland B delineation on ECO `D ck Pond' site. Wetland Delineation Report 14 Gypsum to Dotsero, Phases II & Ill . u Uplands ,- '''' ' 4,,,,.,,,,t.:.,1; - - .„110,„iiii_ ,r:...,_., _ ,4 ..).Wetland B ' Wetland B bounda -,, „,*%:41 a I i Figure 13:View looking east of Wetland B,includes pond and wetland delineation on ECO 'Duck Pond' site. Uplands a y' � Wetland B Wetland B )ounda , ,; d t v <s *1 - 5 4 g Ef 'S# -'- ,117.-..-X+t.. gyp- ri 1,'y ,- t ,erg . H r Figure 14:View looking east of Wetland B delineation on ECO 'Yellow house' site. Wetland Delineation Report 15 Gypsum to Dotsero, Phases II & Ill L %tip - qk".-SI 'r per. { "� _ iA .�am ...4 '&1 ail. ,. � * _ spy i r.,ryy'r 'ir _ - , Approximate - ,. . trail alignment -» -, ,.-,. # 9 Figure 15:View looking west of approximate trail alignment on ECO `Yellow house' site, nm wetlands. I ,v ' ,., . ,#< 4 '' *0.t ' r• � 1 i t '^� ;r .5 '. al� 4 '' ''7 : .6;",ft r i*- .....,,,,4 l' * .,.,.± w,�.+ .,. ; , ' ‘..-4.14.7:- -'''' - .... ...--,f, tAir),-, -.... ,:---1. :1.4'..._ --— io, .2 .....rA:—.{.'''' ,S "-r `* ,, { ,^d p 1. Approximate ephemeral :,' drainage review area Fi• re 16:Axial view of approximate review area for unnamed ephemeral drainage. Wetland I elineation Report 16 Gypsum t• Dotsero, Phases II & Ill '�' +try. �7i ",: . • r d i j p• A t ley :* 4 ;i `' a.>8 +e t m : i- +s�.,,- . Figure 17: Culvert under Interstate 70 and Highway 6 for ephemeral drainage day lighting on CDOT right-of-way review area, showing no associated wetlands. vi Drainage to Eagle River s r Grading and �'' � -; . z. fill within ephemeral drainage x. Top of box culvert ,' _ ,• ri . , . 4 : ,,� s 1.4 4-^F�,;;'s,.' * $h.. Z l, `a� �yr 4 ;'' 1 a" r',..:1-,1 a ` `*` Figure 18: View toward Eagle River of ephemeral drainage, no associated wetlands. Wetland Delineation Report 17 Gypsum to Dotsero, Phases II & Ill • Impacts to Wetlands &Jurisdictional Waters of the U.S. This wetland delineation has assisted with site design and planning of the proposed trail project. The trail design has avoided jurisdictional wetlands and waters of the U.S. to the extent practicable. Limited impacts to the identified wetlands, totaling approximately 3,229 square feet or 0.07 acres, have been identified in one location adjacent to the `duck pond' within Wetland B (Figures 10 and 11). A USA E Nationwide Permit #14 for Linear Transportation Projects is being pursue at present for proposed impacts within Phase II of the project. The extent of the evaluation includes areas adjacent to the Eagle River, which in this reach supports recreation associated with fishing and boating. Detail of Review Areas Proximate to the Eagle River Three specific review areas along Phase II and III are proximate to the aquatic resource, the Eagle River. Uplands were confirmed at all locations within the trail impact and review area in these places. Below are photographic descriptions of the areas evaluated and determined to be within uplands. The areas are described from east to west. CDOT right-of- BLP••A. Hot-se way adjacent tq , ., Pa ure site4 ., n.;' . 4 BLM R. ton r p l�ra er `Lava' site .v. ,,!.., * 411. t �-'� ,, 2 -. .4 .. , $� �c�,, ��>'� �� ` -,.+� are" x�° y a'` - .v ' '''' 'h y 5 � viv,„„ .. _ , . .,, ,--. 40 Figure 19 Overview of upland areas proximate to the Eagle River within Phase II and Ill of the propose. trail alignment. Wetland D elineation Report 18 Gypsum o Dotsero, Phases II & Ill s a#.� 4"• 1 . per F , • •p ..; "xF _fix Y �L+ ei Yfi Yy 3 t.....%'.a Sc, .. et 1 Figure 20:Arial view of approximate review area for BLM 'Horse Pasture' site. • - � � � Uplands to edge of _ a riverbank Figure 21:View west of Eagle River north bank within BLM 'Horse Pasture' site. Wetland Delineation Report 19 Gypsum to Dotsero, Phases II & III == - ,-` ` " - Riparian . . area . .. Uplands �r r mot` '. it __ yg7u �.' Y r :Trail x q .f marker a y v r e r ifitf: Figure 22: Upland and riparian interface on the BLM 'Horse Pasture' site, trail evaluation area is entirely within uplands. Trail marker 4, - -'14;WPIt «. 'figure 23: View looking west of uplands within the western portion of BLM 'Horse Pasture' -view area. Wetland Delineation Report 20 Gypsum to Dotsero, Phases II & Ill ,,-.7ir w t -fit.#. `�"k '+ 3 St 1 k#7 �A+T" �'� ;� � .: }Y 3. Y r 'sti i _h r - a - Figure 24: 18-inch culvert under Highway 6 day lighting on BLM `Horse Pasture' review area, no associated wetlands and not tributary to the Eagle River. ., . =rte. i I ......,..,_ ..,,8 i ; -r , _ :, 1 _ •' °- ar , . •., , f ,/ , _ • ••••• .. , .. „,. _ ,z• „•• , „„„ ,,, , iff , • • ,., -- , •...,-• „ ,-,•• . . r • . Figure 25:Anal view of approximate review area for CDOT right-of-way adjacent to R. Long property. Wetland Delineation Report 21 Gypsum to Dotsero, Phases II & III s • t p. t' =fir "` 'r. F .sue � '" , 7 _ k t 4.1� fjX -f : �'` tit . 1 `" ,, t } i 1� r,u�t�� .,..../.,/,`,/-,,,,r F z i �el" Figure e 26: CDOT right-of-way review area, no wetlands,jurisdictional limits at the OHWM oche Eagle River secondary channel not to be impacted. " i e ', ..,`� ,,It,-.44.,A f 1: thee .0—#-L,„ i (I's\ ,,,e) I • r Figure 27: Arial view of approximate review area for BLM `Lava' site. Wetland elineation Report 22 Gypsum t Dotsero, Phases II & III -tea. � • Approximate -* ,. t } trail alignment • . S R yam. i T is - -- Y '� fl ?I ' !�z r ' l h t 1 •aj,•,� f� e t , � __s f Figure 28: View west of approximate trail alignment on BLM 'Lava' site, no wetlands. Wetland Delineation Report 23 Gypsum to Dotsero, Phases II & III • V. REFERENCES: Cowardin, L. M., V. Carter, F. C. Golet, E. T. LaRoe. 1979. Classification of wetlands and deepwater habitats of the United States. U.S. Department of the Interior, Fish and Wildlife Service, Washington, D.C. Jamestown, ND: Northern Prairie Wildlife Research Center Online. http://www.npwrc.usgs.gov/resource/wetlands/classwet/index.htm (Version 04DEC1998). Robert W. Lichvar and John T. Kartesz. 2009. North American Digital Flora: National Wetland Plant List, version 2.4.0 (https://wetland_plants.usace.army.mil). U.S. Army Corps of Engineers, Engineer Research and Development Center, Cold Regions Research and Engineering Laboratory, H39anover, NH, and BONAP, Chapel Hill, NC. (May 14, 2012) Reed, B.R. 1988. National List of plant Species that occur in wetlands; Colorado. U.S. Fish and Wildlife Service. St. Petersburg, FL. Stubbehdieck, J., Hatch, S.L., Butterfield, C.H. 1997. North American Range Plants, Fifth Edition. The University of Nebraska Press, Lincoln, Nebraska. U.S. Army Corps of Engineers. 1987. Wetlands Delineation Manual, Technical Report Y-87-1. U.S. Army Corps of Engineers Waterways Experiment Station, Vicksburg, MS. USDA, ARCS 2012. The PLANTS Database (http://plants.usda.gov/plants). National Plants Data Center, Baton Rouge, Louisiana 70874-4490 USA. USDA, MRCS 2000. Hydric Soils of the United States (Itttp://www.statlab.iastate.edu/soils/_ydric/). Iowa State University Statistical Laboratory. USDA, USGS 2012. Surface Water data for USA: Monthly Streamflow Statistics (hittp://waterdata.usgs.gov/nwis/monthly). Reston, VA 20192. Western Regional Climate Center 2012. (www.wrcc.dri.edu). 2215 Raggio Parkway Reno, Nevada 89512. Wetland elineation Report 24 Gypsum Dotsero, Phases II & Ill APPENDIX A Data forms Wetland Delineation Report 25 Gypsum to Dotsero, Phases II & Ill 1I 1 WETLAND DETERMINATION DATA FORM-And West Region Prpject/Site:Gypsum-Dotsero,Phase II&III City/Courrty:Eagle County Sampling Date:5/1/12 Applicant/Owner..Favle Comity only-ECO Trails State:CO Q Sampling Point 1 Inv*stigator(s):D.Katieb i Section,Township,Range:4,5 South,86 West Larldform(hilislope,terrace,etc.):river terrace Local relief(concave,convex,none):neat level Slope ° Pe!�): 3 Subregion(LRR):D-Interio Deserts 0 X39°38'41"N Long:107°02'05 W Datum:NAD83 Soil Map Unit Name:Yamo loam,6 to 12 percent slopes NW classification: Are climatic/hydrologic conditions on the site typical for this time of year?Yes(i No Q (If no,explain in Remarks.) Are Vegetation Soil❑ or Hydrology 0 significantly disturbed? Are"Normal Circumstances"present? Yes(: No 0 Are VegetationD Soil El or Hydrology 0 naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS- Attach site map showing sampling point locations,transects,important features,etc. I Hydrophytic Vegetation Present? Yes Q No 6 Hypric Soil Present? i Yes Q No D Is the Sampled Area Wetland Hydrology Present?; Yes Q No a within a Wetland? Yes Q No (i Ra`narks: Spring after dry winter. i VEGETATION Absolute Dominant Indicator Dominance Test worksheet: Tile Stratum (Use scientific names.) %Cover Species? Status Number of Dominant Species t Q Q That Are OBL,FACW,or FAC: ill 2. (A) 3 0 Total Number of Dominant 0 0 Species Across All Strata: (B) 4. 0 0 Percent of Dominant Species Total Cover. .' That Are OB L FACW,or FAC y (q/g) Sa4ling/Shrub Stratum t emisia tridentata Prevalence Index worksheet '� 20 Yes 0 no e 2. ! Q Q Total%Cover of: Multiply by: 3. 0 OBL species 111V x t= 4 Q Q FACW species iit x 2= Ai 5 Q FAC species x 3= ili Total Cover. � l FACU species x 4= lit Hero Stratum UPL species x 5 t-P a secunda 2. T 50 Yes 0 FACU 0 Column Totals: (A) (B) E y,nus cinereus 20 Yes 0 N«,:...d 0 3"P&scopyrum smithii 5 No Q FAC 0 Prevalence Index =B/A= At 4. H Q Q Hydrophytic Vegetation Indicators: i 5. Q Q Op Dominance Test is>50% 5. i Q Q • Prevalence Index is 53.0' 7. Mo ho 8. © data Remarkspo on a'sepa sheet)supporting Total Cover. . *- Problematic Hydrophytic Vegetation'(Explain) Wooly Vine Stratum 1. } Q Q 'Indicators of hydric soil and wetland hydrology must Q be present 2. j Q Total Cover. .= % Hydrophytic %B re Ground in Herb Stratum Vegetation 5 % %Cover of Biotic Crust % Present? Yes Q No(: Re4rks: Wetland Delineation Report 26 Gypsum to Dotsero, Phases II & Ill SOIL Sampling Point 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc2 Texture' Remarks 0-5 7.5YR 3/3 100 0 0 clay loam 5-12 7.5YR 2.5/3 } 100 0 0 clay loam 7.5YR 4/3 100 0 0 clay loam G 0 O 0 Q G O d G G 'Type: C=Concentration,D=Depletion,RM=Reduced Matrix. 2Location:PL=Pore Lining,RC=Root Channel,M=Matra. 'Soil Textures: Clay,Silty Clay,Sandy Clay,Loam,Sandy Clay Loam,Sandy Loam,Clay Loam,Silty Clay Loam,Silt Loam,Silt,Loamy Sand,Sand. Hydric Soil Indicators: (Applicable to all LRRs,unless otherwise noted.) Indicators for Problematic Hydric Sobs' ❑ Histosol(Al) Sandy Red xx(S5) 1 cm Muck(A9)(LRR C) IHistic Epipedon(A2) Stripped Matra(S6) — 2 cm Muck(A10)(LRR B) Black Histic(A3) i Loamy Mucky Mineral(F1) R• educed Vertic(F18) Hydrogen Sulfide(A4) : Loamy Gleyed Matrix(F2) Red Parent Material(TF2) Stratified Layers(A5)(LRR C) Depleted Matrix _(F3) _ O• ther(Explain in Remarks) 1 cm Muck(A9)(LRR D) Redox Dark Surface(F6) Depleted Below Dark Surface(All) Depleted Dark Surface(F7) Thick Dark Surface(Al2) Redox Depressions(F8) Sandy Mucky Mineral(Si) Vernal Pools(F9) 'Indicators of hydrophytic vegetation and Sandy Gleyed Matrix(S4) wetland hydrology must be present Restrictive Layer(if present): Type: Depth(inches): Hydric Soil Present? Yes Q No( Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(2 or more required) Primary Indicators(any one indicator is sufficient) ❑ Water Marks(B1)(Riverine) ❑ Surface Water(A1) © Sak Crust(B11) Sediment Deposits 2 ❑ High Water Table(A2) ❑ Biotic Crust(B12) ❑ Drift D� Riv rine) e) ❑ Deposits(B3)(Riverine) Saturation(A3) ❑ ( ) ❑ Drainage Patterns(B10) Aquatic Invertebrates B13 ❑Water Marks(B1)(Nonriverine) ❑ Hydrogen Sulfide Odor(C1) ❑ Dry-Season Water Table(C2) ❑ Sediment Deposits(B2)(Nonriverine) ❑ Oxidized Rhizospheres along Living Roots(C3) ❑ Thin Muck Surface(C7) ❑ Drift Deposits(B3)(Nonriverine) ❑ Presence of Reduced Iron(C4) ❑ Crayfish Burrows(C8) ❑Surface Soil Cracks(B6) ❑ Recent Iron Reduction in Plowed Soils(C6) ❑Saturation Visible on Aerial Imagery(C9) ❑ Inundation Visible on Aerial Imagery(B7) ❑ Other(Explain in Remarks) ❑ Shallow Aquitard(D3) ❑Water-Stained Leaves(B9) ❑ FAC-Neutral Test(D5) Field Observations: Surface Water Present? Yes Q No(i Depth(inches): Water Table Present? Yes Q No(a Depth(inches): Saturation Present? Yes Q No(cis Depth(inches): (includes capillary fringe) i Wetland Hydrology Present? Yes Q No (i Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: i. Remarks:Area receives drainage from fill on three sides of the site,including Highway 6. Salts leaching at surface in areas. Us Army Corps of Engineers Wetland Delineation.Report 27 Gypsum to Dotsero, Phases H & Ill WETLAND DETERMINATION DATA FORM-Arid West Region i ProjectiSit$:Gypsum-Dotsero,Phase II&III City/County: Appripnt/( vner. Eagle County Sampling Date:5/1/12 Eagle Comity-ECO Trails State:Co 0 Sampling Point 2 Investigatof(s):D.Katieb f Section,Township,Range:4 5 South,86 West Landform(liillslope,terrace,etc.):edge of pond Local relief(concave,convex,none ):concave concave Slope(%): 3 Subregion(l_RR):D-InteriotDeserts 0 Lat39°38'41"N Lon9:107°02'05"W Datum: NAD83 Sot Map Unit Name:Yamo loam,6 to 12 percent slopes NWI classification: Are climatid/hydrologic conditions on the site typical for this time of year? Yes(: No Q (If no,explain in Remarks.) I Are Vegetation❑ Soil❑ or Hydrology ❑ significantly disturbed? Are'Normal Circumstances"present? Yes(i No Q Are Vegetation❑ Soil❑ or Hydrology ❑ naturally problematic? (If needed,explain any answers in Remarks.) I SUMMARY OF FINDINGS- Attach site map showing sampling point locations,transects,important features,etc. Hydrophy*Vegetation Present? Yes If No Hydric Soil Present? I Yes g: No ® Is the Sampled Area Wetland Hydrology Present? Yes 6 No ® within a Wetland? Yes (i No Remarks: p>�g after dry winter. Q i VEGETATION i Absolute Dominant Indicator Dominance Test worksheet Tree Stratunn (Use scientificnames.) %Cover Species? Status Number of Dominant Species pecies 2. 0 0 That Are OBL,FACW,or FAC: (A) 3. 0 0 Total Number of Dominant 4. 0 0 Species Across All Strata: (B) 1 0 0 Percent of Dominant Species Sapling/Shr�rb Stratum Total Cover. '° That Are OBL,FACW,or FAC: A, (AB) 1. 0 0 Prevalence Index worksheet 2. i 0 0 Total%Cover of Multiply by. 3. 0 0 OBL species Alt x 1= 4. 1 0 0 FACW species int x 2= lit 5. —0— 0 FAC species lit x 3 Herb Stratum Total Cover. FACU species At x 4= it UPL species x 5= 1'Sitanion Ostrix 40 Yes 0 Not Listed 0 Column Totals M (A) lik (B) 2'Carex nefraskensir 30 Yes 0 OBL 0 3'Tamarixamosissima 20 No 0 FACW 0 Prevalence Index =B/A 4. 0 0 Hydrophytic Vegetation Indicators: 5. 0 0 0 Dominance Test is>50% 0 ft Prevalence Index is 53.0' 6. 0 7' 0 0 ❑ Morphological Adaptations'(Provide supporting 8. 0 0 data in Remarks or on a separate sheet) Total Cover Art-,,,A. ❑ Problematic Hydrophytic Vegetation'(Explain) Wood Vine• -tum 1• 0 0 'Indicators of hydric soil and wetland hydrology must 2. 0 0 be present Total Cover l° Hydrophytic %Bare Ground in Herb Stratum % Vegetation i 10%° %Cover of Biotic Crust % Present? Yes a No Q Remarks: Many stumps of previously treated tamarisk,some regeneration. Wetland elineation Report 28 Gypsum t Dotsero, Phases II & III SOIL Sampling Point 2. Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matte Redox Features (inches) Color(moist) % Color(moist) % Type' Loc2 Texture' Remarks 0-20 7.5YR 2.5/2 90 Q 0 gravelly loam saturated at 18 inches 0 0 0 0 Q 0 G © d 'Type: C=Concentration,D Depletion,RM=Reduced Matrix. 'Location:PL=Pore Lining,RC=Root Channel,M=Matra. 3Soil Textures: Clay,Silty Clay,Sandy Clay,Loam,Sandy Clay Loam,Sandy Loam,Clay Loam,Silty Clay Loam,Silt Loam,Silt,Loamy Sand,Sand. Hydric Soil Indicators: (Applicable to all LRRs,unless otherwise noted.) Indicators for Problematic Hydric Soils+ ❑ Histosol(A1) S5 . Sandy Redox(S5) — 1 cm Muck(A9)(LRR C) Histic Epipedon(A2) N Stripped Matrix(S6) — 2 cm Muck(A1 O)(LRR B) Black Histic(A3) • Loamy Mucky Mineral(F1) .." Reduced Vedic(F18) Hydrogen Sulfide(M) } • Loamy Gleyed Matrix(F2) Red Parent Material(TF2) Stratified Layers(A5)(LRR C) 111 Depleted Matrix(F3) Other(Explain in Remarks) 1 cm Muck(A9)(LRR D) © Redox Dark Surface(F6) Depleted Below Dark Surface(A11) al Depleted Dark Surface(F7) Thick Dark Surface(Al2): © Redox Depressions(F8) Sandy Mucky Mineral(S1) II Vernal Pools(F9) `Indicators of hydrophytic vegetation and Sandy Gleyed Matrix(S4) wetland hydrology must be present. Restrictive Layer(if present): Type: Depth(inches): Hydric Soil Present? Yes(i No 0 Remarks:Soils likely have been manipulated in the past from roadway and pond development. Gravel on surface and throughout upper portion of profile. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(2 or more required) Primary Indicators(any one indicator is sufficient) ❑Water Marks(B1)(Riverine) ❑ Surface Water(A1) ❑ Salt Crust(811) ❑ Sediment Deposits ❑ High Water Table(A2) Biotic Crust(B12) Rlv rive) ne) © Saturation(A3) ❑Aquatic Invertebrates(B13) ❑ Drainage Patterns(B O) ❑ Water Marks(B1)(Nonriverine) Hydrogen Sulfide Odor C7 ❑ ( ) 0 Dry-Season Water Table(C2) ❑ Sediment Deposits(82)(Norriverine) ❑ Oxidized Rhizospheres along Living Roots(C3) ❑ Thin Muck Surface(C7) © Drift Deposits(B3)(Nonriverine) © Presence of Reduced Iron(C4) ❑ Crayfish Burrows(C8) ❑ Surface Soil Cracks(66) i ❑ Recent Iron Reduction in Plowed Soils(C6) ❑ Saturation Visible on Aerial Imagery(C9) ❑ Inundation Visible on Aerial Imagery(B7) ❑ Other(Explain ii Remarks) ❑ Shallow Aquitard(D3) ❑ Water-Stained Leaves(B9) © FAC-Neutral Test(D5) Field Observations: Surface Water Present? ,Yes O No( Depth(inches): Water Table Present? Yes O No(' Depth(inches): Saturation Present? ',Yes t: No O Depth(inches): 18 inches (includes capillary fringe) 1 Wetland Hydrology Present? Yes (i' No 0 Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks:Along edge of pond area,occasionally inundated. US Army Corps of Engineers Wetland Delineation Report 29 Gypsum to Dotsero, Phases li & Ill WETLAND DETERMINATION DATA FORM-Arid West Region Pratect/Slte:Gypsum-Dotsero,Phase II&III City/County Applipnq'Owner. Eagle County Sampling Date:5/1/12 Eagle County-ECO Trails State:CO 0 Sampling Point 3 Investigalor(s):D_Katieb i Section,Township,Range:4,5 South,86 West Landforn(hilislope,terrace,e{c.):river terrace Local relief(concave,convex,none):near level Slope ° Subregion(LRR):D-Interior'Deserts 0 Lat39°38'41"N Long:107°02'05"W Datum:NAD83 Soil Map nit Name:yam loam,6 to 12 percent slopes NWI classification: Are dim 'c/hydrologic conditions on the site typical for this time of year? Yes a No 0 (If no,explain in Remarks.) Are Veg tionD Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes 6 No Q Are Vege tion[] Soil 0 or Hydrology 0 naturally problematic? (If needed,explain any answers in Remarks.) SUMMARY OF FINDINGS- Attach site map showing sampling point locations,transects,important features,etc. Hydrophytic Vegetation Present? Yes 0 No Hydric Spit Present? Yes ® No r . Is the Sampled Area Wetland Hydrology Present? Yes ® No a within a Wetland? Yes 0 No ti Remarks VEGETATION Absolute Dominant Indicator Dominance Test worksheet Tree S m (Use scientificnames. %Cover Species? Status Number of Dominant Species 1. © Q That Are OBL,FACW,or FAC: (A) 2. 3. O 0 Total Number of Dominant 0 0 Species Across All Strata: (B) 4. 3 0 0 i Total Cover. ' , Percent of Dominant Species Sapling/ Stratum That Are OBL,FACW,or FAC: -o (�) 1•Sarcobptus vermiculatus' 25 Yes 0 FAC 0 Prevalence Index worksheet 2-Chrysathamnus viscidiflorus 25 Yes 0 No[L SM 0 Total%Cover of Multiply by: 3. 0 0 OBI-species ;ra x 1= ill 4 0 0 FACW species iii, x 2 5. (- 0 FAC species AK x 3 Total Cover ° FACU species at x 4= lir Herb Straaim 1.Pseud oe UPL species x 5= AK 2. gneria spicata 20 Yes 0 umr. 0 Column Totals (A) (B) Sitanio ii hystrir 5 No 0 Nat Lima Q 3. Prevalence Index =B/A= ..4a 4. O G Hydrophytic Vegetation indicators: 5. 0 ® Dominance Test is>50% 6. ® G • Prevalence Index is 53.01 7. 0 Q El Morphological Adaptations'(Provide supporting 8 0 data�n Remarks or on a separate sheet) Total Cover Problematic Hydrophytic Vegetation'(Explain) Woody Vi4 Stratum 1• 0 0 'Indicators of hydric soil and wetland hydrology must 2. Q be present Total Cover. a Hydrophytic Vegetation %Bare Ground in Herb Stratum 20% %Cover of Biotic Crust % Present? Yes Q No(i Remarks: (Annual weeds composed about 5%of absolute cover. Wetland elineation Report 30 Gypsum o Dotsero, Phases II & Ill SOIL a Profile Description: (Describe to the Sampling Point c7 depth needed to document the indicator or confirm the absence of Indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc2 Texture' Remarks 0-4 7.5YR 4/3 { 100 4-14 7.5YR 3/3 100 0 0 gravelly loam 0 0 gravelly clay loam 0 0 G O ® O 0 0 I 0 G 'Type: C--Concentration,D=Depletion,RM=Reduced Matrix. 2Location:PL=Poore Lining,RC=Root Channel,M=Matrix 'Soli Textures: Clay,Silty Clay,Sandy Clay,Loam,Sandy Clay Loam,Sandy Loam,Clay Loam,Silty Clay Loam,Silt Loam,Silt,Loamy Sand,Sand. Hydric Soil Indicators: (Applkable to all LRRs,unless otherwise noted.) Indicators for Problematic Hydric Soils ❑ Histosol(Al) Sandy Redox(S5) 1 an Muck(A9)(LRR C) Histic Epipedon(A2) Black Histic(A3) Stripped Matrix(S6) 2 an Muck(A10)(LRR B) Loamy Mucky Mineral(F1) Reduced Vedic(F18) Hydrogen Sulfide(A4) ' Loamy Gleyed Matrix(F2) Red Parent Material(TF2) Stratified Layers(A5)(LRR C) Depleted Matrix(F3) 1 cm Muck(A9)(LRR D); Redox Dark Surface(F6) Other(Explain in Remarks) Depleted Below Dark Surface(A11) Depleted Dark Surface(F7) Thick Dark Surface(Al2), Redox Depressions(F8) Sandy Mucky Mineral(Si) Vernal Pools(F9) 'Indicators of hydrophytic vegetation and Sandy Gleyed Matrix(S4) wetland hydrology Restrictive Layer present): Yd JY must be present. (if Type: Depth finches): Remarks:Unable to dig deeper pit due to gravel and cobble. Hydric Soil Present? Yes No t: i . HYDROLOGY e and Hydrology l W Hy ogy Indicators: Secondary Indicators(2 or more required) Primary Indicators(any one indicator is sufficient) ❑ Water Marks(B1)�1)(Riverine) ❑ Surface WatAl( ) ❑Salt Crust(B11) ❑ High Water Table(A2) _ ❑ Biotic Crust(B12) ❑ Sediment Deposits Riv rine) ne) ❑ Saturation(A3) ❑ Drift Deposits(83)(Riverine) ❑Aquatic Invertebrates(B13) ❑ Drainage Patterns(B10) ❑Water Marks(B1)(Nonriverine) ❑ Hydrogen Sulfide Odor(C1) ❑ Dry-Season Water Table(C2) ❑ Sediment Deposits(B2)(Nonriverine) ❑ Oxidized Rhizospheres along Living Roots(C3) ❑ Thin Muck Surface(C7) ❑ Drift Deposits(B3)(Nonriyerine) ❑ Presence of Reduced Iron(Ca) Crayfish ❑ Surface Soil Cracks 66 ❑ Burrows(C8) ( ) ❑ Recent Iron Reduction in Plowed Soils(C6) ❑ Saturation Visible on Aerial Imagery(C9) ❑ Inundation Visible on Aerial Imagery(B7) ❑ Other(Explain in Remarks) ❑ Shallow Aquitard(D3) ❑Water-Stained Leaves(B9) Field Observations: ❑ FAGNeutral Test(D5) Surface Water Present? ;Yes Q No Q Depth(inches): Water Table Present? ;Yes Q No Q Depth(inches): Saturation Present? :Yes 0 No Q Depth(inches): (includes capillary fringe) ? Wetland Hydrology Present? Yes Q No 6 Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Wetland Delineation Report 31 Gypsum to Dotsero, Phases II & III WETLAND DETERMINATION DATA FORM-And West Region Project/bite:Gypsum-Dotsero,Phase II&III City/Coun �rMt/Owner. 1t':Eagle County Sampling Date:5/1/12 ApPf Ea:;le County-ECO Trails State:CO 0 Sampling Point 4 _ InvestigOtor(s):D.Katieb s Section,Township,Range:4,5 South,86 West Landfonh(hillslope,terrace,eic.):river terrace Local relief(concave,convex,none):gently o )gently sloping Slope(r6): 3 Subregion(LRR):D-Interior Deserts 0 Lat39°38'41"N Long:107°02'05"W Datum:NAD83 Soil Ma(}Unit Name:yamo loam,6 to 12 percent slopes NWI classification: Are climpitic/hydrologic conditions on the site typical for this time of year? Yes(I No O (If no,explain in Remarks.) Are Vegetation[] Soil[] or Hydrology o significantly disturbed? Are"Normal Circumstances"present? Yes( No O Are Vegetation0 Soil 0 or Hydrology ❑ naturally problematic? (If needed,explain any answers in Remarks.) SUMI*RY OF FINDINGS- Attach site map showing sampling point locations,transects,important features,etc. Hydrophytic Vegetation Present? Yes ( No Hydric$oil Present? Yes ' No Q Is the Sampled Area Wetland Hydrology Present?; Yes g. No 0 within a Wetland? Yes (' No 0 Remarl s Terrace of the Eagle River , VEGE7fATION Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Use scientific names.) %Cover Species? Status Number of Dominant Species 1' 0 0 That Are OBL,FACW,or FAC: - (A) 2. 0 0 Total Number of Dominant 3. 0 0 Species Across All Strata: (B) 4. ; 0 0 Percent of Dominant Species Total Cover: , That Are OBL,FACW,or FAC: A, (NB) Sapling/phrub Stratum 1•Salix 5iebbiana 20 Yes 0 FACW 0 Prevalence Index worksheet 2. 0 Q Total%Cover of Multiply by: 3' Q Q OBL species x 1= iiit 4• 0 Q FACW species 111 x 2 5. —! 0 FAC species x 3 Total Cover. % FACU species ilit x 4 Herb Stratum UPL species 111 x 5- 1.Levmrs cinereus 50 Yes 0 FAC 0 Column Totals (A) la (B) 2•Phleutn pretense 20 Yes 0 FACU 0 _' " lb 3•Juncui balticus 10 No 0 FACW 0 Prevalence Index =B/A= 4. Q Q Hydrophytic Vegetation Indicators: 5. Q Q Illis Dominance Test is>50% 6. i Q Q • Prevalence Index is s3.01 1 7. Q Q 0 Morphological Adaptations'(Provide supporting 8. Q Q data in Remarks or on a separate sheet) Total Cover: 0 Problematic Hydrophytic Vegetation'(Explain) Woody Vne Stratum - ° 1 Q Q 'Indicators of hydric soil and wetland hydrology must 2. { Q Q be present I Total Cover. , Hydrophytic Vegetation %Bare Ground in Herb Stratum % %Cover of Biotic Crust % Present? Yes(i No O Remarks 1 l 1 Wetland Delineation Report 32 Gypsum to Dotsero, Phases II & Ill SOIL l Sampling Point q Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color(moist) % Color(moist) % Type' Loc2 Texture' Remarks 0-4 7.5YR 3/2 100 0 0 pndy loam 4-8 7.5YR 2.5/2 100 0 0 clay loam 8-20 7.5YR 3/2 1 100 0 0 sandy loam 0 0 0 0 0 0 0 0 o 'Type: C=Concentration,D Depletion,RM=Reduced Matrix. 2Location:PL=Pore Lining, Channel,M=Matrbc. 'Sol Textures: Clay,Silty Clay,Sandy Clay,Loam,Sandy Clay Loam,Sandy Loam,Clay Loam,Silty Clay Loam,Silt Loam,Silt,Loamy Sand,Sand. Hydric Soil Indicators: (Applicable to all LRRs,unless otherwise noted.) Indicators for Problematic Hydric Soffit: ❑ Histosol(A1) , IN Sandy Redox(S5) — 1 cm Muck(A9)(LRR C) Histic Epipedon(A2) Stripped Matrix(S6) 2 cm Muck(A70)(LRR B) Black Histic(A3) • Loamy Mucky Mineral(F1) _ Reduced Vertic(F18) —Hydrogen Sulfide(A4) • Loamy Grayed Matrix(F2) _ Red Parent Material(TF2) Stratified Layers(A5)(LRR C) • Depleted Matrix(F3) _ Other(Explain in Remarks) 1 an Muck(A9)(LRR Dj, E3 Redox Dark Surface(F6) Depleted Below Dark Surface(A11) aI Depleted Dark Surface(F7) Thick Dark Surface(Al2) • Redox Depressions(F8) Sandy Mucky Mineral(Si) • Vernal Pools(F9) `Indicators of hydrophytic vegetation and Sandy Gleyed Matrix(S4) wetland hydrology must be present Restrictive Layer(if present): Type: Depth(inches) I Hydric Soil Present? Yes(i No Q Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators(2 or more required) Primary Indicators(any one indicator is sufficient) ❑Water Marks(B1)(Riverine) ❑ Surface Water(A1) r Salt Crust B11 ❑ High Water Table(A2) i ❑ Biotic Crust(B12) ❑ Sediment Deposits Riv rine) ne) © Saturation(A3) ❑ Drift Deposits(B3)(Riverine) ❑Aquatic Invertebrates(B13) ❑ Drainage Patterns(B10) ❑ Water Marks(81)(Nonriverine) ❑ Hydrogen Sulfide Odor(C1) ❑ Dry-Season Water Table(C2) ❑-Sediment Deposits(82)(Nonriverine) © Oxidized Rhizospheres along Living Roots(C3) ❑Thin Muck Surface(C7) ❑ Drift Deposits(B3)(Nonriverine) © Presence of Reduced Iron(C4) ❑ Crayfish Burrows(C8) ❑ Surface Soil Cracks(B6)s ❑ Recent Iron Reduction in Plowed Soils(C6) ❑ Saturation Visible on Aerial Imagery(C9) ❑ Inundation Visible on Aerial Imagery(B7) ❑ Other(Explain in Remarks) ❑Shallow Aquitard(1)3) ❑ Water-Stained Leaves(B9) ❑ FAC-Neutral Test(D5) Field Observations: Surface Water Present? i Yes Q No(i Depth(inches): Water Table Present? Yes Q No 6 Depth(inches): Saturation Present? I Yes(i No Q Depth(inches): 18 inches (includes capillary fringe) ; Wetland Hydrology Present? Yes (i No Q Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: Remarks: US Army Corps of Engineers Wetland Delineation Report 33 Gypsum to Dotsero, Phases II & Ill 1 WETLAND DETERMINATION DATA FORM-Arid West Region i Project/Site:Gypsum-Dotsero,Phase II&III City/County:Eagle County Sampling Date:5/1/12 ApplicartUOwner. e County-ECO Trails State: CO 0 Sampling Point 5 Investigator(s):D.Katieb 1 Section,Township,Range:4,5 South,86 West Landforr,r(hillslope,terrace,etc.):river terrace Local relief(concave,convex,none):convex Slope(%): 3 Subregidn(LRR):D-Interior Deserts 0 Lat39°38'41"N Long:107°02'05"W Datum:NAD83 Soil Ma Unit Name:yamo loam,6 to 12 percent slopes NWI classification: Are cliim tic/hydrologic conditions on the site typical for this time of year? Yes( No 0 (If no,explain in Remarks.) Are Vegetation Ei Soil ® or Hydrology J significantly disturbed? Are"Normal Circumstances"present? Yes is No Q Are Vegetation Soil R or Hydrology 0 naturally problematic? (If needed,explain any answers in Remarks.) SUMM%RY OF FINDINGS- Attach site map showing sampling point locations,transects,important features,etc. a Hydrop ytic Vegetation Present? Yes Q No (4T,Hydric it Present? Yes Q No t Is the Sampled Area Wetla Hydrology Present? Yes Q No 0 within a Wetland? Yes Q No 6 Rema i , VEGETATION f 1 Absolute Dominant Indicator Dominance Test worksheet: Tree Strptum (Use scientific names.) %Cover Species? Status t Number of Dominant Species 0 Q That Are OBL,FACW,or FAC: ;''- (A) 2. 0 g Total Number of Dominant i } 0 0 Species Across All Strata: (B) 4. , i 0 0 Percent of Dominant Species Sapling/ hrub Stratum Total Cover. / That Are OBL,FACW,or FAC: - --,,r% (A/B) l t Chry thamnus viscidiflorus 20 Yes 0 Na Lima G Prevalence Index worksheet 2•Sarco atus vermiculatres 10 No 0 FAC 0 Total%Cover or Multiply by: 3. © 0 OBL species :Ilk x t= 4. { 0 0 FACW species x 2= It 5. ------0— © FAC species 11111 x 3= it Total Cover. . FACU species iv x 4= Herb Str4tum UPL species ilk x 5= ilk 1•Poa se'cunda 30 Yes 0 FACC 0 Column Totals: alfik (A) yik (B) 2.Pascopyrum smithii 20 Yes 0 FAC 0 3 Thinopyrum intermedium 20 Yes 0 Not Listed i, Prevalence Index =B/A= ig 4. ® O Hydrophytic Vegetation Indicators: © Dominance Test is>50% 5. d 6. 0 ik Prevalence Index is 53.0' i 7• 0 Morphological Adaptations'(Provide supporting 8. Q 0 data in Remarks or on a separate sheet) Total Cover. .co ❑ Problematic Hydrophytic Vegetation'(Explain) Woody Vihe Stratum 0 © 'Indicators of hydric soil and wetland hydrology must 2. 0 o be present Total Cover. ' j Hydrophytic %Bare Ground in Herb Stratum % %Cover of Biotic Crust % Vegetation n Yes 0 No(' Remarks: Wetland Delineation Report 34 Gypsum to Dotsero, Phases II & Ill SOIL Sampling Point 5 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Melia Redox Features (inches) Color(moist) % Color(moist) % Type' Loci Texture' Remarks 0-5 7.5YR 3/3 r 0 0 ciav loam 5-12 7.5YR 2.5/3 I 0 0 clan loam 12-20 7.5YR 4/3 0 0 clay loam , O 0 O O : O O O 0 O 'Type: C=Concentration,D=Depletion,RM=Reduced Matrix. 2Location:PL=Pore Lining,RC=Root-Channel,M=Matruc 'Soil Textures: Clay,Silty Clay,Sandy Clay,Loam,Sandy Clay Loam,Sandy Loam,Clay Loam,Silty Clay Loam,Silt Loam,Sift,Loamy Sand,Sand. Hydric Soil Indicators: (Applicable to all LRRs,unless otherwise noted.) Indicators for Problematic Hydric Sol: ❑ Histosol(Al) Sandy Redox(S5) _ 1 an Muck(A9)(LRR C) Histic Epipedon(A2) Stripped Matrix(S6) 2 cm Muck(A10)(LRR B) Black Histic(A3) Loamy Mucky Mineral(F1) R• educed Vedic(F18) Hydrogen Sulfide(A4) I Loamy Gleyed Matrix(F2) R• ed Parent Material(TF2) Stratified Layers(A5)(LRR C) Depleted Matra(F3) — O• ther(Explain in Remarks) 1 cm Muck(A9)(LRR D) Redox Dark Surface(F6) Depleted Below Dark Surface(A11) Depleted Dark Surface(F7) Thick Dark Surface(Al2) Redox Depressions(F8) Sandy Mucky Mineral(SI) Vernal Pools(F9) 'Indicators of hydrophyticvegetation and Sandy Gleyed Matrix(S4) wetland hydrology must be present Restrictive Layer(if present): Type: i Depth(inches): Hydric Soil Present? Yes Q No(i Remarks: HYDROLOGY ■ Wetland Hydrology Indicators: Secondary Indicators(2 or more required) Primary Indicators(any one indicator is sufficient) ❑Water Marks(B1)(Riverine) ❑ Surface Water(A1) © Salt Crust(B11) ❑ Sediment Deposits(B2)(Riverine) ❑ High Water Table(A2) ❑ Biotic Crust(B12) ❑ Drift Deposits(B3)(Riverine) ❑ Saturation(A3) ❑Aquatic Invertebrates(B13) ❑ Drainage Patterns(B10) Water Marks(B1)(Nonriveri ❑ ; r�) ❑ Hydrogen Sulfide Odor(C1) El Dry-Season Water Table(C2) ❑ Sediment Deposits(B2)Qlonriverine) ❑ Oxidized Rhizospheres along Living Roots(C3) ❑ Thin Muck Surface(C7) ❑ Drift Deposits(B3)(Nonrlverine) ❑ Presence of Reduced Iron(C4) ❑ Crayfish Burrows(C8) ❑ Surface Soil Cracks(B6) ❑ Recent Iron Reduction in Plowed Soils(C6) ❑ Saturation Visible on Aerial Imagery(C9) ❑ Inundation Visible on Aerial Imagery(B7) ❑ Other(Explain in Remarks) ❑ Shallow Aquitard(D3) Water-Stained Leaves ❑ FAC-Neutral Test 5 ❑ (D5) Field Observations: Surface Water Present? Yes Q No 0 Depth Cinches): Water Table Present? ' Yes Q No Q Depth(inches): Saturation Present? Yes Q No Q Depth(inches): (includes capillary fringe) Wetland Hydrology Present? Yes 0 No (: Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections),if available: f Remarks: • US Army Corps of Engineers Wetland Delineation Report 35 Gypsum to Dotsero, Phases II & III APPENDIX B Trail overview map and wetland delineation map Wetland ' etland elineation Report 36 Gypsum o Dotsero, Phases II & Ill cD z 0 • � ¢l ,,.‘,y w X Z t '----7 ;‘,\, Lu i z y \\,,,,, ti 1 .ti cn cc % \ 1. ) .•,1',. 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N N N Q G \ M tt O1 CD NI' II IIII IIIII 0 Ji Et a M N N N M M O\ Q N M O N N N N N In \ O NI IIIII III El I N N NI NI N M O O^ ' N N O in rc N M M in In 111111111111111111111111111111111111 a MA W 4000 i 13 0 2 a. EXHIBIT D GENERAL CONDITIONS TO CONSTRUCTION AGREEMENT GYPSUM TO DOTSERO TRAIL RETAINING WALL PROJECT ARTICLE 1 —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents,the following terms have the meanings indicated which are applicable to both the singular and plural thereof: ADDENDA: Written or graphic instruments issued prior to the opening of bids which clarify, correct, or change the bidding documents or the Contract Documents. AGREEMENT: The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. APPLICATION FOR PAYMENT: The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payment, and which is to include such supporting documentation as is required by the Contract Documents. BID: The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. BONDS: Bid,performance, and payment bonds, and other instruments of security. CHANGE ORDER: A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. CONTRACT DOCUMENTS: Those documents set forth in Article 7 of the Agreement. CONTRACT PRICE: The monies payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. CONTRACT TIME: The number of days (computed as provided in these General Conditions),or the date stated in the Agreement for the completion of the Work. CONTRACTOR: The person, firm, or corporation with whom OWNER has entered into the Agreement. DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. DEFECTIVE: An adjective which,when modifying the word"Work,"refers to Work that is unsatisfactory, faulty or deficient, or does not meet the requirements of any inspection,test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment or prior to the guarantee period under paragraph 13.12 or prior to the expiration of any applicable statute of limitations. DRAWINGS: Graphic and pictoral portions of the Contract Documents which show the character and scope of the Work to be performed including design,location and dimension of the Work including plans, elevations, sections, details, schedules and diagrams, and which have been prepared or approved by ENGINEER, and are referred to in the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT: The date indicated in the Agreement on which it becomes effective,but, if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER: The person, firm or corporation to be identified by OWNER. The ENGINEER may be a department employee of OWNER who may perform all or some of the duties of ENGINEER,but in such case shall exercise his duties in conformance with the standards applicable to independent professional engineers. FIELD ORDER: A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 10.2,but which does not involve a change in the Contract Price or the Contract Time. MODIFICATION: (a)A written amendment of the Contract Documents signed by both parties,or(b)a change order. The Contract Documents may only be amended by a modification.A modification may only be issued after the effective date of the Agreement. The Contract Documents only create a contractual relationship between Owner and Contractor. NOTICE OF AWARD: The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. NOTICE TO PROCEED: A written notice given by OWNER to CONTRACTOR(with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run, and on which CONTRACTOR shall start to perform his obligation under the Contract Documents. OWNER: The public body or authority, corporation, association,partnership, or individual with whom CONTRACTOR has entered into the Agreement, and for whom the Work is to be provided. PROJECT: The Gypsum to Dotsero Trail Retaining Wall Project.The total construction of which the Work to be provided under the Contract Documents may be the whole or a part, as indicated elsewhere in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of ENGINEER who is assigned to the site or any part thereof. SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by CONTRACTOR, a subcontractor,manufacturer, fabricator, supplier, or distributor to illustrate some portion of the work, and all illustrations,brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer, fabricator, supplier,or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards,and workmanship as applied to the Work and certain administrative details applicable thereto. SUBSTANTIAL COMPLETION: The Work(or a specified part thereof)has progressed to the point where, in the opinion of ENGINEER as evidenced by his definitive certificate of substantial completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work(or specified 2 part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms"substantially complete"and "substantially completed"as applied to any Work refer to substantial completion thereof. WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing and incorporating materials and equipment into all construction,all as required by the Contract Documents or reasonably inferable therefrom and includes all labor,materials, equipment and services provided or to be provided by CONTRACTOR or to fulfill CONTRACTOR'S obligations. ARTICLE 2—PRELIMINARY MATTERS DELIVERY OF BONDS: 2.1 When CONTRACTOR delivers the executed Agreements to OWNER,CONTRACTOR shall also deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. COPIES OF DOCUMENTS: 2.2 OWNER shall furnish to CONTRACTOR up to ten(10) copies (unless otherwise specified in the Contract Documents)of the Contract Documents as are reasonable necessary for the execution of the Work. Additional copies will be furnished,upon request, at the cost of reproduction. COMMENCEMENT OF CONTRACT TIME;NOTICE TO PROCEED: 2.3 The Contract Time will commence upon issuance of a Notice to Proceed. A Notice to Proceed may be given at any time within thirty(30) days after the effective date of the Agreement. STARTING THE PROJECT: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time commences to run. BEFORE STARTING CONSTRUCTION: 2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, or discrepancy which CONTRACTOR may discover;however,CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, or discrepancy in the Drawings or Specifications,unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 2.6 Within ten(10)days after the effective date of the Agreement(unless otherwise specified in the Contract Documents) CONTRACTOR shall submit to ENGINEER and OWNER for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of shop drawings submissions, and a preliminary schedule of values of the Work. 2.7 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates of insurance(and other evidence of insurance requested by OWNER)which CONTRACTOR is required to purchase and maintain in accordance with Article 5 hereof. 3 PRE-CONSTRUCTION CONFERENCE: 2.8 Within twenty(20) days after the effective date of the Agreement,but before CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish procedures for handling shop drawings and other submittals, and for processing applications for payment, and to establish a working understanding among the parties as to the Work. ARTICLE 3—CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents,he shall report it to ENGINEER in writing at once and before proceeding with the Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof,or should reasonably have known thereof. 3.3 The Contract documents include those documents set forth in Article 7 of the Agreement. 3.4 It is the intent of the Specifications and Drawings to describe a complete Project(or part thereof)to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe work,materials, or equipment, such words shall be interpreted in accordance with such meaning. References to codes of any technical society,organization, or association, or to the code of any governmental authority,whether such reference be specific or by implication, shall mean the latest standard specification,manual, or code in effect at the time of opening of bids(or on the effective date of the agreement if there were no bids), except as may be otherwise specifically stated. However,no provision of any referenced standard specification,manual, or code(whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided for in paragraph 9.3. 3.5 The Contract Documents will be governed by the law of the place of the Project. REUSE OF DOCUMENTS: 3.6 Neither CONTRACTOR nor any Subcontractor, manufacturer,fabricator, supplier, or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof)prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project, or any other project,without written consent of OWNER and ENGINEER, and specific written verification or adaptation by ENGINEER. 4 ARTICLE 4—AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS: 4.1 OWNER shall furnish, as indicated in the Contract Documents,the lands upon which the Work is to be performed,rights-of-way for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures,or permanent changes in existing facilities, will be obtained and paid for by OWNER,unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access hereto that may be required for temporary construction facilities or storage of materials and equipment. PHYSICAL CONDITIONS—INVESTIGATIONS AND REPORTS: 4.2 Reference is made to the supplementary conditions for identification of those 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 have been relied upon by ENGINEER in the preparation of the Drawings and Specifications. UNFORESEEN PHYSICAL CONDITIONS: 4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. ENGINEER will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER may obtain the necessary additional investigations and tests, and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER and OWNER find that the results of such investigations or tests indicate that there are subsurface or 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 may be issued incorporating the necessary revisions as agreed upon by the parties. REFERENCE POINTS: 4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work(unless otherwise specified herein), shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER and OWNER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for replacement or relocation of such reference points by professional qualified personnel. ARTICLE 5—BONDS AND INSURANCE PERFORMANCE AND OTHER BONDS: 5.1 CONTRACTOR shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These bonds shall remain in effect at least until two years after the date of 5 final payment, except as otherwise provided by law. CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as(a) are licensed to conduct business in the state where the project is located, and(b)are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies"as published in Circular 570 (amended)by the Audit Staff Bureau of Accounts,U.S.Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses(a)and(b)of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another bond and surety,both of which shall be acceptable to OWNER. INSURANCE: 5.3 CONTRACTOR'S Liability Insurance: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Agreement,whether such operations be by himself, or by any Subcontractor, 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 accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment, and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. 5.3.1 Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts; 5.3.2 Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; 5.3.3 Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; 5.3.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Workmen's Compensation insurance shall provide coverage as required by the laws of the State of Colorado. Insurance covering claims for damages to persons or property required by the preceding paragraph(except subparagraph 5.3.1) shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 Products and completed operations aggregate $1,000,000 6 Employers Liability, including Occupational Disease $500,000 Any one fire $50,000 If any aggregate limit is reduced below$1,000,000 because of claims made or paid, CONTRACTOR shall immediately obtain additional insurance to restore the full aggregate limit and furnish to OWNER a certificate or other document satisfactory to OWNER showing compliance with this provision. Said insurance shall be furnished in types specified as follows: 5.3.5 CONTRACTOR'S Commercial General Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work performed by them under the Agreement and covering premises operations, fire damage, independent contractors, products and completed operations,blanket Grantual liability, personal injury, and advertising liability. 5.3.6 CONTRACTOR'S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work under the Agreement performed for the CONTRACTOR by Subcontractors. 5.3.7 Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the 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. 5.3.8 Comprehensive Automobile Insurance covering any auto(including owned,hired and non-owned autos) shall be carried with a minimum limit of$1,000,000.00 each accident combined single limit. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.3.9 Employer's Liability Insurance covering all of CONTRACTOR's and any Subcontractor's employees acting within the course and scope of their employment. 5.3.10 The CONTRACTOR shall in addition,and in the amounts required under the above, obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the OWNER with respect to all operations under the Agreement by the CONTRACTOR or his Subcontractors, including omissions and supervisory acts by the OWNER. 5.4 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 hereinafter set forth,with an umbrella covering of$2,000,000, subject to the approval of the OWNER,will be permissible. 5.5 Subcontractor's Insurance: Before permitting any of his Subcontractors to perform any Work under this Agreement, CONTRACTOR shall either(a)require each of his Subcontractors to procure and maintain during the life of his Subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the OWNER, or(b)insure the activities of his Subcontractors in his own policy. 7 ■ 5.6 Builder's Risk Insurance: Insofar as the Work to be performed under this Agreement consists entirely of new construction removed and separated from any existing facility used by OWNER, CONTRACTOR shall procure and maintain, for the duration of the Work of this Project,Builder's Risk Insurance, including the perils of fire, extended coverage(loss due to vehicles, explosion,wind, flood,riot, etc.), vandalism and malicious mischief, and special extended coverage(loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the Contract Price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this Agreement which is considered not to exceed one hundred percent(100%)of the amount of this Agreement and authorized extras. Such policy shall not insure any tools or equipment,or temporary structures erected at the site and belonging to any person or persons,or their Subcontractors who are obliged by contract with the OWNER to do Work on the Projects. Such insurance shall be placed jointly in the names of the OWNER, CONTRACTOR, and any and all Subcontractors,and any and all others obliged by contract with the OWNER to do Work on this Project and at the OWNER'S option, any other person or persons whom the OWNER deems to have an insurable interest in said property, or any part thereof,payable as their several interests may appear. CONTRACTOR shall furnish OWNER with certification of said insurance prior to commencement of any Work. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the OWNER as trustee. The OWNER 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. 5.7 Certificates of Insurance: Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the Work. These Certificates shall contain provisions naming the OWNER 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 cancelled until at least thirty(30) days prior written notice has been given the OWNER. CONTRACTOR and his Subcontractors shall not permit any of his Subcontractors to start Work until all required insurance has been obtained and certificates with the proper endorsements have been filed with the OWNER. Failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the OWNER'S rights hereunder. 5.8 Owner's Liability Insurance: The OWNER, at his option, may but shall not be required to purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this Agreement. Purchasing and maintaining such insurance,however,will not relieve the CONTRACTOR from purchasing and maintaining the insurance hereinbefore specified. 5.9 Loss of Use of Insurance: The OWNER, at his option, may but shall not be required to, purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. 5.10 Coverage required of CONTRACTOR and any of its subcontractors shall be primary over any insurance or self-insurance program carried by OWNER. 5.11 All insurance policies in any way related to this Agreement and secured and maintained by CONTRACTOR as required in this Article 5 shall include clauses stating that each carrier shall waive all rights of recovery,under subrogation or otherwise,against County, its agencies, institutions, organizations, officers, agents, employees and volunteers. 5.12 OWNER shall be named as additional insured on the Commercial General Liability, Automobile Liability Insurance and Completed Operations Liability Insurance policies. 8 5.13 Contractor shall insert a clause containing the terms of section 5.3 and all its subparts in all contracts or sub-contracts, and all Subcontractors shall purchase and maintain the insurance on the terms and conditions as set forth herein. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,methods, techniques, sequences,and procedures of construction. CONTRACTOR shall not be solely responsible for the negligence of others in the design or selection of a specific means,method,technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent,who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. 6.2.1 CONTRACTOR shall maintain and deliver to OWNER a daily job report of Work performed, notable events and incidents,weather conditions, Subcontractor's performance, any deficiencies(and the corrective actions taken), delays, and other information that OWNER may reasonably request. 6.2.2 CONTRACTOR will participate in meetings with OWNER at a specific date,time and place established by OWNER, and to deliver all attending parties current reports on the following items: progress payment requests; requests for information-current log; change requests-current log; submittals-current log; change orders-current list; claims-pending claims,notices of claims and any plans to file claims, if applicable,project progress report,job problems and quality control review. LABOR, MATERIALS AND EQUIPMENT: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work, and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto,and except as otherwise indicated in the supplementary conditions, if any, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER'S written consent given after prior written notice to ENGINEER. 6.4 Colorado labor shall be employed to perform the Work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the Project. "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. 9 6.5 CONTRACTOR shall furnish all materials, equipment, labor,transportation, construction equipment and machinery,tools, appliances, fuel,power, light,heat,telephone, water, and sanitary facilities, and all other facilities and incidentals necessary for the execution,testing, initial operation, and completion of . Work. 6.6 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required test) as to the kind and quality of materials and equipment. 6.7 All materials and equipment shall be applied, installed, connected, erected,used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. 6.8 CONTRACTOR shall replace supervision personnel as-needed based upon OWNER's assessment that the Project is not adequately staffed or the Work is not progressing adequately. 6.9 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. 6.10 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. EQUIVALENT MATERIALS AND EQUIPMENT: 6.11 Whenever materials or equipment are specified or described in the drawings or specifications by using the name of a proprietary item, or the name of a particular manufacturer, fabricator, supplier, or distributor, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by ENGINEER and OWNER if sufficient information is submitted by CONTRACTOR to ENGINEER and OWNER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGINEER and OWNER will be as set forth in paragraphs 6.11.1 and 6.11.2 below. 6.11.1 Requests for review of substitute items of material and equipment will not be accepted by ENGINEER or OWNER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER and OWNER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design,be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject of payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or savings that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER and OWNER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish,at CONTRACTOR'S expense, additional data about the proposed substitute. ENGINEER and OWNER will be the sole judge of 10 acceptability, and no substitute will be ordered or installed without ENGINEER'S and OWNER's prior written acceptance. OWNER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, a special performance guarantee or other surety with respect to any substitute. 6.11.2 ENGINEER will record time required by ENGINEER and ENGINEER'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the drawings or specifications occasioned thereby,whether or not ENGINEER accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: 6.12 CONTRACTOR shall not employ any Subcontractor or other person or organization(including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award, and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award, will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor,other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective work. If OWNER or ENGINEER, after due investigation,has reasonable objection to any Subcontractor, or other person or organization proposed by CONTRACTOR after the Notice of Award, CONTRACTOR shall submit an acceptable substitute,and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate change order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom CONTRACTOR has reasonable objection. 6.13 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 or ENGINEER 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 or ENGINEER 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 or ENGINEER 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. 6.14 The divisions and sections of the specifications and the identifications of any drawings shall not control CONTRACTOR in dividing the Work among Subcontractors, or delineating the Work to be performed by any specific trade. 6.15 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and ENGINEER. CONTRACTOR shall pay each Subcontractor a just share of any insurance monies received by CONTRACTOR on account of losses under policies issued pursuant to paragraph 5.6. PATENT FEES AND ROYALTIES: 6.16 CONTRACTOR shall pay all license fees and royalties, and assume all costs incident to the use in the performance of the Work, or the incorporation in the Work of any invention, design,process,product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, 11 process,product, or device is specified in the Contract Documents for use in the performance of the Work, and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses(including attorney's fees)arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work,or resulting from the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. PERMITS: 6.17 Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR,when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of bids. CONTRACTOR shall pay all charges of utility service companies for connections to the Work, and OWNER shall pay all charges of such companies for capital costs related thereto. LAWS AND REGULATIONS: 6.18 CONTRACTOR shall give all notices and comply with all laws, ordinances,rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing, or having reason to know,that it is contrary to such laws, ordinances,rules, and regulations, and without such notice to ENGINEER and OWNER, CONTRACTOR shall bear all costs arising therefrom; however,it shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws,ordinances,rules, and regulations. TAXES: 6.19 CONTRACTOR shall pay all sales, consumer,use, and other similar taxes required to be paid by him in accordance with the law of the place of the Project. USE OF PREMISES: 6.20 CONTRACTOR shall confine construction equipment,the storage of materials and equipment,and the operations of workmen to areas permitted by law, ordinances,permits,or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.21 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials,rubbish, and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials,rubbish,and debris from and about the premises as well as all tools, appliances,construction equipment,and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. 6.22 CONTRACTOR shall not load, nor permit any part of any structure to be loaded, in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 12 6.23 CONTRACTOR shall be responsible for removing all water and or mud interfering with the Work. 6.24 CONTRACTOR shall perform the Work so as not to interfere with or disrupt the business operations of any adjacent businesses and recreation areas. 6.25 CONTRACTOR shall protect and prevent damage or disturbance to any trees or other vegetation as shown in the Contract Documents. 6.26 CONTRACTOR will locate all underground pipelines,conduits, ducts,cables,wires,manholes,vaults, tanks, tunnels, or other such facilities or attachments, and any easements containing such facilities, including those that convey electricity, gasses, steam, liquid petroleum products,telephone or other communications,cable television,water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems which shall collectively be known as the"Underground Facilities"prior to performing the Work. Unless it is otherwise expressly provided in the Contract Documents; 6.26.1 OWNER shall not be responsible for providing any information to CONTRACTOR regarding the Underground Facilities; and 6.26.2 The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. Locating all Underground Facilities b. Coordination of the Work with the owners of such Underground Facilities,including OWNER, during construction; and the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. RECORD DOCUMENTS: 6.27 CONTRACTOR shall keep one record copy of all specifications, drawings, addenda,modifications, shop drawings, and samples at the site in good order and annotated to show all changes made during the construction process. These shall be available to ENGINEER for examination and shall be delivered to ENGINEER for OWNER upon completion of the Work. SAFETY AND PROTECTION: 6.28 CONTRACTOR shall be responsible for initiating,maintaining, and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 6.28.1 all employees and subcontractors on the Work and other persons who may be affected thereby, 6.28.2 all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.28.3 other property at the site,or adjacent thereto,including trees, shrubs, lawns,walks,pavements, roadways, structures,and utilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws,ordinances,rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property, or to protect them from damage, injury,or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, 13 injury, or loss to any property referred to in paragraph 6.28.2 or 6.28.3 caused, directly or indirectly, in whole or in part,by CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR(except damage or loss attributable to the sole fault of Drawings or Specifications, or solely to the acts or omissions of OWNER or ENGINEER). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR, in accordance with paragraph 14.13,that the Work is acceptable. 6.29 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent,unless otherwise designated in writing by CONTRACTOR to OWNER. EMERGENCIES: 6.30 In emergencies affecting the safety or protection of persons, or the Work,or property at the site or adjacent thereto, CONTRACTOR,without special instruction or authorization from ENGINEER to OWNER, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice of any significant changes in the Work, or deviations from the Contract Documents caused thereby. SHOP DRAWINGS AND SAMPLES: 6.31 After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER and OWNER for review and approval, in accordance with the accepted schedule of shop drawing submissions, five copies(unless otherwise specified in the general requirements)of all shop drawings, which shall have been checked by, and stamped with the approval of, CONTRACTOR, and identified as ENGINEER or OWNER may require. The data shown on the shop drawings will be complete with respect to dimensions, design criteria,materials of construction,and like information to enable ENGINEER and OWNER to review the information as required. 6.32 CONTRACTOR shall also submit to ENGINEER and OWNER for review and approval,with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by, and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer,and any pertinent catalog numbers, and the use for which intended. 6.33 At the time of each submission, CONTRACTOR shall, in writing,call ENGINEER'S and OWNER's attention to any deviations that the shop drawings or samples may have from the requirements of the Contract Documents. 6.34 ENGINEER with prior approval of OWNER will review and approve,with reasonable promptness, shop drawings and samples,but ENGINEER'S and/or OWNER's review and approval shall be only for conformance with the design concept of the Project, and for compliance with the information given in the Contract Documents,and shall not extend to means,methods, sequences,techniques,or procedures of construction, or to safety precautions of programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER or OWNER, and shall return the required number of corrected copies of shop drawings, and resubmit new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER or OWNER on previous submittals. CONTRACTOR'S stamp of approval on any shop drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials catalog numbers, and similar data, or assumes full responsibility for doing so, and that CONTRACTOR has reviewed or 14 coordinated each shop drawing or sample with the requirements of the Work and the Contract Documents. 6.35 Where a shop drawing or sample is required by the specifications,no related Work shall be commenced until the submittal has been reviewed and approved by ENGINEER and OWNER. 6.36 ENGINEER'S and OWNER's review and approval of shop drawings or samples shall not relieve CONTRACTOR from responsibility for any deviations from the Contract Documents unless CONTRACTOR has, in writing, called ENGINEER'S and OWNER's attention to such deviation at the time of submission, and ENGINEER with prior approval of OWNER has given written concurrence and approval to the specific deviation,nor shall any concurrence or approval by ENGINEER or OWNER relive CONTRACTOR from responsibility for errors or omissions in the shop drawings. - CONTINUING THE WORK: 6.37 CONTRACTOR shall carry on the Work and maintain the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. INDEMNIFICATION: 6.38 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER, and their officials, agents and employees, from and against all claims, damages, liabilities, losses, and expenses including, but not limited to, attorney's fees and costs arising out of, or resulting from, the performance or non-performance of the Work, and including, but not limited to, claims, damages, liabilities, losses, or expenses attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom or is caused, in whole or in part,by any negligent act or omission of CONTRACTOR, any Subcontractor,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. Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act or other applicable law. 6.39 In any and all claims against OWNER or ENGINEER, or any of their agents or employees,by any employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable,the indemnification obligation under paragraph 6.38 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts,or other employee benefit acts. 6.40 The obligations of CONTRACTOR under paragraph 6.38 shall not extend to the liability of ENGINEER, his agents, or employees arising out of the preparation or approval of maps, drawings, opinions,reports, surveys, change orders, designs,or specifications. ARTICLE 7—WORK BY OTHERS 7.1 OWNER may perform additional Work related to the Project by himself, or have additional work performed by utility service companies, or let other direct contracts therefore which shall contain general conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct contracts(or OWNER, if OWNER is performing the additional work with OWNER'S employees)reasonable opportunity for the introduction and storage of materials 15 and equipment, and the execution of work, and shall properly connect and coordinate his work with theirs. 7.2 If any part of CONTRACTORS Work depends, for proper execution or results,upon the Work of any such other contractor or utility service company(or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER and OWNER in writing any patent or apparent defects or deficiencies in such Work that render it unsuitable for such proper execution and results. CONTRACTOR'S failure to so report shall constitute an acceptance of the other Work as fit and proper for integration with CONTRACTOR'S Work, except for latent or non-apparent defects and deficiencies in the other Work. 7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and integrate with such other Work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work, and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. 7.4 If the performance of additional work by other contractors or utility service companies or OWNER was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves additional expense to CONTRACTOR, or requires an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. ARTICLE 8—OWNER'S RESPONSIBILITIES 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2 In case of termination of the employment of ENGINEER,OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER. 8.3 OWNER and all of its employees and agents shall have the right to full access and use of the Project site. Such use shall not constitute acceptance of the Work or any part thereof, or waive any of OWNER'S rights or remedies under the Contract Documents. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION OWNER'S REPRESENTATIVE: 9.1 ENGINEER will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Contract Documents,and shall not be extended without written consent of OWNER and ENGINEER. Notwithstanding anything to the contrary herein, in all instances in the Contract Documents where ENGINEER has the authority to make decisions concerning quality of and acceptance of the Work performed by CONTRACTOR the ENGINEER shall first discuss such decision and proposed acceptance with OWNER and obtain its approval prior to communicating with the CONTRACTOR. Further, in all instances in the Contract Documents where ENGINEER has the authority to make a decision that impacts the Project budget or Contract Price or payment to the CONTRACTOR,then Engineer shall first discuss the payment or costs with OWNER and obtain its approval prior to approving any payment, additive or deductive Work. This paragraph is not intended as and shall not be a waiver of ENGINEER'S responsibility for oversight of the Work. 16 VISITS TO SITE: 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine,in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work, and will endeavor to guard OWNER against defects and deficiencies in the Work. CLARIFICATIONS AND INTERPRETATIONS: 9.3 ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents(in the form of drawings or otherwise)as ENGINEER may determine necessary, which shall be consistent with,or reasonably inferable from,the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore, as provided in Article 11 or Article 12. REJECTING DEFECTIVE WORK: 9.4 ENGINEER after conferring and receiving approval of OWNER will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as fabricated, installed, or completed. SHOP DRAWINGS, CHANGE ORDERS,AND PAYMENTS: 9.5 In connection with ENGINEER'S responsibility for shop drawings and samples, see paragraphs 6.31 through 6.36 inclusive. 9.6 In connection with ENGINEER'S responsibilities as to change orders see Articles 10, 11, and 12. 9.7 In connection with ENGINEER'S responsibilities in respect to applications for payment, etc., see Article 14. PROJECT REPRESENTATION: 9.8 ENGINEER may utilize Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Contract Documents. If OWNER designates another agent to represent him at the site who is not ENGINEER'S agent,the duties, responsibilities, and limitations of authority of such other person will be as provided in the Contract Documents. DECISIONS ON DISAGREEMENTS: 9.9 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and after first conferring with OWNER will be the judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work, shall be referred initially to ENGINEER in writing with a request for a formal decision which ENGINEER will render in writing within a reasonable time. 17 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: 9.10 Neither ENGINEER'S or OWNER's authority to act under this Article 9,or elsewhere in the Contract Documents, nor any decision made by ENGINEER or OWNER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER or OWNER to CONTRACTOR, any Subcontractor, any manufacturer, fabricator, supplier, or distributor, or any of their agents or employees, or any other person performing any of the Work. 9.11 Whenever,in the Contract Documents,the terms"as ordered","as directed", "as required","as allowed", or terms of like effect or import are used, or the adjectives"reasonable","suitable","acceptable", "proper",or"satisfactory", or adjectives of like effect or import are used to describe requirement, direction,review, or judgment of ENGINEER as to the Work, it is intended that such requirement direction,review, or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that ENGINEER shall have authority to supervise or direct performance of the Work, or authority to undertake responsibility contrary to the provisions of paragraphs 9.12 or 9.13. 9.12 ENGINEER and OWNER will not be responsible for CONTRACTOR'S means,methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER and OWNER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 9.13 ENGINEER and OWNER will not be responsible for the acts or omissions of CONTRACTOR, or of any Subcontractor, or of the agents or employees of any CONTRACTOR or Subcontractor, or of any other persons at the site or otherwise performing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 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 change orders. Upon receipt of a change order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change order causes an increase or decrease in the Contract Price, or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2 ENGINEER with approval of OWNER may authorize minor changes in the Work,not involving an adjustment in the Contract Price or the Contract Time,which are consistent with the overall intent of the Contract Documents. These may be accomplished by a field order,and shall be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes that a field order justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore as provided in Article 11 or Article 12. 10.3 Additional Work performed without authorization of a change order will not entitle CONTRACTOR to an increase in the Contract Price, or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.30, and except as provided in paragraph 13.9. 10.4 OWNER may execute appropriate change orders prepared by ENGINEER covering changes in the Work which are required by OWNER, or required because of unforeseen physical conditions or emergencies,or because of uncovering Work found not to be defective, or as provided in paragraphs 11.10 or 11.11. 18 10.5 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any bond to be given to the surety, it will be CONTRACTOR'S responsibility to so notify the surety, and the amount of each applicable bond shall be adjusted accordingly. CONTRACTOR shall furnish proof of such adjustment to OWNER. ARTICLE 11 —CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation(subject to authorized adjustments)payable to CONTRACTOR for performing the Work. All duties,responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a change order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within two(2)days of the occurrence of the event giving rise to the claim. Any change in the Contract Price resulting from any such claim shall first be approved by ENGINEER and OWNER before being incorporated in a change order. 11.3 No change orders or other form of order or directive which requires additional compensable Work to be performed may be issued or be effective unless accompanied by a written assurance to the CONTRACTOR that lawful appropriations to cover the costs of the additional Work have been made. 11.4 The value of any Work covered by a change order, or of any claim for an increase or decrease in the Contract Price, shall be determined in one of the following ways: 11.4.1 Where the Work involved is covered by unit prices contained in the Contract Documents,by application of unit prices to the quantities of the items involved(subject to the provisions of paragraph 11.10). 11.4.2 By mutual acceptance of a lump sum. 11.4.3 On the basis of the cost of the Work(determined as provided in paragraphs 11.5 and 11.6). 11.5 The term"Cost of the Work"means the sum of any and all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.6: 11.5.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not be limited to, salaries and wages,plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes,worker's or workmen's compensation,health and retirement benefits,bonuses, sick leave,vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, or on Sunday or legal holidays, shall be included in the above only to the extent authorized by OWNER. 11.5.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case,the cash discounts shall accrue to OWNER. All trade discounts,rebates and refunds, and all returns from sale of surplus 19 materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.5.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR, and shall deliver such bids to OWNER,who will then determine,with the advice of ENGINEER,which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work,the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR'S Cost of the Work. All Subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.5.4 Supplemental costs including the following: 11.5.4.1 The proportion of necessary transportation,travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. 11.5.4.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machines, appliances, office and temporary facilities at the site, and hand tools not owned by the workmen,which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.5.4.3 Rentals of all construction equipment and machinery, and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment,machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.5.4.4 Intentionally omitted. 11.5.4.5 Intentionally omitted. 11.5.4.6 Intentionally omitted. 11.5.4.7 The cost of utilities, fuel, and sanitary facilities at the site. 11.5.4.8 Minor expenses such as long distance calls,telephone service at the site, and similar petty cash items in connection with the Work. 11.5.4.9 Cost of premiums for additional bonds and insurance required because of changes in the Work. 11.6 The term"Cost of the Work" shall not include any of the following: 11.6.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives,principals (of partnership and sole proprietorship), general managers, engineers, architects, estimators, lawyers, auditors, accountants,purchasing and contracting agents, expediters,timekeepers, clerks, and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work, and not specifically included in the agreed upon schedule of job classifications referred to in subparagraph 11.5.1. 20 11.6.2 Expenses of CONTRACTOR'S principal and branch office,other than CONTRACTOR'S office at the site. 11.6.3 Any part of CONTRACTOR'S capital expenses including interest on CONTRACTOR'S capital employed for the Work, and charges against CONTRACTOR for delinquent payments. 11.6.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same(except for additional bonds and insurance required because of changes in the Work). 11.6.5 Costs due to the negligent performance or non-performance of CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable,including,but not limited to,the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 11.6.6 Other overhead or general expense costs of any kind, and the costs of any item not specifically and expressly included in paragraph 11.5. CONTRACTOR'S FEE: 11.7 Intentionally omitted. 11.8 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change,the combined adjustment to overhead and profit shall be figured on the basis of the net increase or decrease in allowable costs, if any. ADJUSTMENT OF UNIT QUANTITIES: 11.9 Whenever the cost of any Work is to be determined based upon unit price, CONTRACTOR will submit, in form acceptable to ENGINEER, an itemized cost breakdown together with supporting data. 11.10 Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate change order(additive or deductive)may be issued on recommendation of ENGINEER with written approval of OWNER. In no event will the unit price bid by CONTRACTOR be modified,but the quantity of any item may be increased or decreased as set forth herein.Notwithstanding the foregoing, in no event will the change modify the not to exceed the Contract Price or otherwise be modified without a change order approved by OWNER. CASH ALLOWANCES: 11.11 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents,and shall cause the Work so covered to be done by such Subcontractors, manufacturers, fabricators, suppliers, or distributors, and for such sums within the limit of the allowances as may be acceptable to ENGINEER and OWNER. Upon final payment,the Contract Price shall be adjusted as required, and an appropriate change order issued. CONTRACTOR agrees that the original Contract Price includes such sums as CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. ARTICLE 12—CHANGE OF THE CONTRACT TIME 21 12.1 The Contract Time may only be changed by a change order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within two(2)days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a change order. 12.2 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of Articles 11 and 12 are CONTRACTOR'S sole remedies for delay by any cause whatsoever, including acts of OWNER. ARTICLE 13—WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER 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. All defective Work,whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. ACCESS TO WORK: 13.2 OWNER, ENGINEER, ENGINEER'S representatives, other representatives of OWNER,testing agencies, and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. TESTS AND INSPECTIONS: 13.3 CONTRACTOR shall give ENGINEER and OWNER timely notice of readiness of work for all required inspections,tests or approvals. 13.4 If any law, ordinance,rule,regulation,code, or order of any public body having jurisdiction requires any Work(or part thereof)to specifically be inspected,tested,or approved, CONTRACTOR shall assume full responsibility therefore,pay all costs in connection therewith, and furnish ENGINEER and OWNER the required certificates of inspection,testing, or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ENGINEER'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation of the Work. The cost of all other inspections, tests, and approvals required by the Contract Documents shall be paid by OWNER(unless otherwise specified). 13.5 Any inspections,tests, or approvals, other than those required by law,ordinance,rule,regulation,code, or order of any public body having jurisdiction,shall be performed by organizations acceptable to OWNER and CONTRACTOR(or by ENGINEER if so specified). 13.6 If any Work that is to be inspected,tested, or approved is covered without written concurrence of ENGINEER and OWNER,it must, if requested by ENGINEER or OWNER,be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense,unless CONTRACTOR has given ENGINEER and OWNER timely notice of CONTRACTOR'S intention to cover such Work and ENGINEER or OWNER has not acted with reasonable promptness in response to such notice. 22 13.7 Neither observations by ENGINEER or OWNER nor inspections,tests, or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the Contract Documents. UNCOVERING WORK: 13.8 If any Work is covered contrary to the written request of ENGINEER or OWNER, it must,if requested by ENGINEER or OWNER,be uncovered for ENGINEER'S and OWNER's observation and replaced at CONTRACTOR'S expense. 13.9 If ENGINEER or OWNER considers it necessary or advisable that covered Work be observed by ENGINEER or OWNER, or inspected or tested by others, CONTRACTOR, at ENGINEER'S or OWNER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER or OWNER may require,that portion of the Work in question, furnish all necessary labor,material, and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection,and testing of satisfactory reconstruction,including compensation for additional professional services, and an appropriate deductive change order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection,testing, and reconstruction. OWNER MAY STOP THE WORK: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however,this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTVE WORK: 13.11 If required by ENGINEER or OWNER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER or OWNER, either correct any defective Work,whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER or OWNER, remove it from the site and replace it with non-defective Work in a manner acceptable to the ENGINEER and OWNER. TWO YEAR CORRECTION PERIOD: 13.12 If,within two years after the date of substantial completion, or such longer period of time as may be prescribed by law, or by the terms of any applicable special guarantee required by the Contract Documents,or by any other specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly,without cost to OWNER, and in accordance with OWNER'S written instructions, either correct such defective Work, or,if it has been rejected by OWNER,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, OWNER 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. ACCEPTANCE OF DEFECTIVE WORK: 23 13.13 If, instead of requiring correction or removal and replacement of defective Work,OWNER(and,prior to ENGINEER'S recommendation of final payment,)prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ENGINEER'S recommendation of final payment, a change order shall be issued incorporating the necessary revisions in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to OWNER. OWNER MAY CORRECT DEFECTIVE WORK: 13.14 If CONTRACTOR fails,within a reasonable time after written notice of ENGINEER and OWNER, to proceed to correct defective Work, or to remove and replace rejected Work as required by ENGINEER or OWNER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents(including any requirements of the progress schedule),OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action,OWNER may exclude CONTRACTOR from all part of the site,take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment,and machinery at the site, and incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR,but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents, and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER, and a change order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required,and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULES: 14.1 At least ten days prior to submitting the first application for a progress payment, CONTRACTOR shall (except as otherwise specified in the general requirements)submit to ENGINEER and OWNER a progress schedule, a final schedule of shop drawing submissions, and,where applicable, a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER and OWNER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of values by ENGINEER and OWNER, it shall be incorporated into a form of application for payment acceptable to ENGINEER and OWNER. APPLICATION FOR PROGRESS PAYMENT: 14.2 At least ten days before each progress payment falls due(but not more often than once a month), CONTRACTOR shall submit to ENGINEER and OWNER for review an application for payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the application, and accompanied by such supporting documentation as is required by the Contract Documents, and also as 24 ENGINEER or OWNER may reasonably require. 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 OWNER, as will establish OWNER'S title to the material and equipment, and protect OWNER'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 retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR'S WARRANTY OF TITLE: 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any application for payment,whether incorporated in the Project or not,will pass to OWNER at the time of payment free and clear of all liens,claims, security interests, and encumbrances (hereafter in these General Conditions referred to as"Liens"). REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 14.4 ENGINEER will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing ENGINEER'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within twenty days of presentation to him of the application for payment with ENGINEER'S recommendation,pay CONTRACTOR the amount recommended. 14.5 ENGINEER'S recommendation of any payment requested in an application for payment will constitute a representation by ENGINEER to OWNER that,based on ENGINEER'S on-site observations of the Work in progress as an experienced and qualified design professional, and on ENGINEER'S review of the application for payment, and the accompanying data and schedules,the Work has progressed to the point indicated; that,to the best of ENGINEER'S knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning Project upon substantial completion, and to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation); and,that CONTRACTOR is entitled to payment of the amount recommended. However,by recommending any such payment, ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of Work,or that the means,methods,techniques, sequences, and procedures of construction have been reviewed, or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the monies paid or to be paid to CONTRACTOR on account of the contract price, or that title to any Work,materials, or equipment has passed to OWNER free and clear of any Liens. 14.6 ENGINEER'S recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR'S being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whole,or any part of any payment if,in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to recommend any such payment, or,because of subsequently discovered evidence, or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 14.7.1 the work is defective, or completed Work has been damaged requiring correction or replacement, 25 14.7.2 written claims have been made against OWNER,or Liens have been filed in connection with the Work, 14.7.3 the Contract Price has been reduced because of modifications, 14.7.4 OWNER has been required to correct defective Work, or complete the Work in accordance with paragraph 13.14, 14.7.5 of CONTRACTOR'S unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 14.7.6 CONTRACTOR'S failure to make payment to Subcontractors, or for labor,materials, or equipment. SUBSTANTIAL COMPLETION: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall, in writing to OWNER and ENGINEER, certify that the entire Work is substantially complete, and request that ENGINEER issue a certificate of substantial completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER after conferring with OWNER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving his reasons therefor. If ENGINEER after conferring with OWNER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of substantial completion which shall fix the date of substantial completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If,after considering such objections, ENGINEER concludes that the Work is not substantially complete,ENGINEER will,within fourteen days after submission of the tentative certificate to OWNER, notify CONTRACTOR in writing stating his reasons therefor. If, after consideration of OWNER'S objections,ENGINEER considers the Work substantially complete,ENGINEER will,within said fourteen days, execute and deliver to OWNER and CONTRACTOR a definitive certificate of substantial completion(with a revised tentative list of items to be completed or corrected)reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER. At the time of delivery of tentative certificate of substantial completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance,heat,utilities, and insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to his issuing the definitive certificate of substantial completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of substantial completion,but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. PARTIAL UTILIZATION: 14.10 Use by OWNER of completed portions of the Work may be accomplished prior to substantial completion of all the Work subject to the following: 26 14.10.1 OWNER, at any time, may request CONTRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete, and request ENGINEER to issue a certificate of substantial completion for that part of the Work. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER after conferring with OWNER considers that part of the Work to be substantially complete, ENGINEER will execute, and deliver to OWNER and CONTRACTOR, a certificate to that effect, fixing the date of substantial completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of substantial completion as to part of the Work, ENGINEER after conferring with OWNER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance,utilities, and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of substantial completion as to that part of the Work,unless OWNER and CONTRACTOR shall have otherwise agreed in writing. OWNER shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete,but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10.2 In lieu of the issuance of a certificate of substantial completion as to part of the work, OWNER may take over operation of a facility constituting part of the Work,whether or not it is substantially complete, if such facility is functionally and separately usable; provided that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, correction period,heat,utilities, and insurance with respect to such facility. 14.10.3 No occupancy of part of the Work, or taking over of operations of a facility will be accomplished before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies,but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. FINAL INSPECTION: 14.11 Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR, and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. FINAL APPLICATION FOR PAYMENT: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and OWNER, and delivered all maintenance and operating instructions, schedules, guarantees,bonds, certificates of inspection,marked-up record documents, and other documents, all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable(subject to the provisions of paragraph 14.14), 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 ENGINEER may reasonably require. Payment shall be processed in accordance with C.R.S. 24-91-103 and C.R.S. 38- 27 26-107. Notwithstanding the foregoing, CONTRACTOR will provide complete and legally effective lien releases or waivers satisfactory to OWNER. In lieu thereof, and as approved by OWNER, 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 OWNER or his 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 OWNER to indemnify OWNER. FINAL PAYMENT AND ACCEPTANCE: 14.13 If, after conferring with OWNER and on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGINEER'S review of the final application for payment and accompanying documentation, all as required by Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, ENGINEER will, within ten days after receipt of the fmal application for payment, indicate in writing his recommendation of payment, and present the application to OWNER for payment. Thereupon,ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise,ENGINEER will return the application to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections, and resubmit the application. If the application and accompanying documentation are appropriate as to form and substance, OWNER shall, after receipt thereof,pay CONTRACTOR in accordance with the payment procedures set forth in the Agreement,the amount recommended by ENGINEER. CONTRACTOR'S CONTINUING OBLIGATION: 14.14 CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of substantial completion,nor any payment by OWNER to CONTRACTOR under the Contract Documents,nor any use or occupancy of the Work or any part thereof by OWNER,nor any act of acceptance by OWNER,nor any failure to do so,nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13,nor any correction of defective Work by OWNER 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. WAIVER OF CLAIMS: 14.15 The making and acceptance of final payment shall constitute: 14.15.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after fmal inspection pursuant to paragraph 14.11, or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by OWNER of any rights in respect of CONTRACTOR'S continuing obligations under the Contract Documents; and 14.15.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. 28 ARTICLE 15—SUSPENSION OF WORK AND TERMINATION OWNER MAY SUSPEND WORK: 15.1 OWNER may, at any time and without cause, suspend the Work, or any portion thereof, for a period of not more than ninety days,by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR may,at the OWNER'S sole discretion,be allowed an increase in the Contract Price, or an extension of the Contract Time,or both, directly attributable to any suspension,if he makes a claim therefor as provided in Articles 11 and 12. 15.2 Upon the occurrence of any one or more of the following events: 15.2.1 if CONTRACTOR is adjudged bankrupt or insolvent, 15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.3 if a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR'S property, 15.2.4 if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, 15.2.5 if CONTRACTOR repeatedly fails to supply sufficient skilled workmen, or suitable materials or equipment, 15.2.6 if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors,or for labor, materials, or equipment, 15.2.7 if CONTRACTOR disregards laws, ordinances, rules,regulations, or orders of any public body having jurisdiction, 15.2.8 if CONTRACTOR disregards the authority of ENGINEER, or 15.2.9 if CONTRACTOR otherwise violates, in any substantial way, any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR and his surety seven days written notice,terminate the services of CONTRACTOR, exclude CONTRACTOR from the site, and take possession of the Work and of all CONTRACTOR'S tools, appliances,construction equipment, and machinery at the site, and use the same to the full extent they could be used by CONTRACTOR(without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be verified by ENGINEER and incorporated in a change order,but in finishing the Work, OWNER shall not be required to obtain the lowest figure for the Work performed. 15.3 Where CONTRACTOR'S services have been so terminated by OWNER,the termination shall not affect any rights of OWNER against CONTRACTOR then existing, or which may thereafter accrue. Any 29 retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may,without cause and without prejudice to any other right or remedy,terminate the Agreement. In such case,CONTRACTOR shall be paid for all Work executed and expenses sustained through the date of termination. CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5 If,through no act or fault of CONTRACTOR,the Work is suspended for a period of more than ninety days by OWNER, or under an order of court or other public authority, or ENGINEER fails to act on any application for payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due,then CONTRACTOR may,upon seven days written notice to OWNER and ENGINEER,terminate the Agreement and recover from OWNER payment for all Work executed through the date of termination. ARTICLE 16—MISCELLANEOUS GIVING NOTICE: 16.1 Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. COMPUTATION OF TIME: 16.2 When any period of time is referred to in the Contract Documents by days, it shall be calendar days and be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday,or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. GENERAL: 16.3 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other party's employees or agents, or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observances of such injury or damage. 16.4 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular,but without limitation,the warranties, guarantees, and obligations imposed upon CONTRACTOR by paragraphs 6.38, 13.1, 13.11, 13.14, 14.3,and 15.2, and all of the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee, or by other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligations,right and remedy to which they apply. All representations,warranties, and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. 30