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HomeMy WebLinkAboutC13-273 Oldcastle SW Group, Inc. Construction Agreement CONSTRUCTION AGREEMENT EAGLE VALLEY TRAIL IN EAGLE VAIL STONEBRIDGE ROAD TO POST BOULEVARD THIS CONSTRUCTION AGREEMENT is dated as of the I4-1 day of , 2013, by and between Eagle County, Colorado, a body corporate and politic, acting by and through its 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 Oldcastle SW Group, Inc., dba United Companies of Mesa County, a corporation licensed to work in the State of Colorado (hereinafter called "Contractor") whose address for purposes hereof is 2273 River Road, Grand Junction, CO 81505. 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: Eagle Valley Trail in Eagle Vail - Stonebridge Drive to Post Boulevard (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. 2.2 Contractor's representative is Mark Painter. 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 June 1, 2014 ("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 June 1, 2014 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$409,483.75 ("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 force or effect unless 2 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. §29-1-101 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 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. 3 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 employees, agents or servants of the Owner because of the performance of any work by this Agreement. 4 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 August 8, 2013attached as Exhibit C. 7.5 Addendum 1. 7.6 Performance and other Bonds. 7.7 Notice of Award and, if any, Notice to Proceed. 7.8 General Conditions (Pages 1 to 31, 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 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. 5 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 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, 6 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: Oldcastle SW Group, Inc., dba United Companies of Mesa County 2273 River Road, Grand Junction, CO 81505 (deliveries) PO Box 3609, Grand Junction, CO 81502 (mail) Telephone: 970-243-4900 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: 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 7 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). 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. 8 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. IN WITNES W EREOF, the parties have executed this Agreement this! I day of vo� , 2013. EAGLE COUNTY, COLORADO By and through its Board of County Commissioners ATTEST a� Ir .. t �jM By: °�4�"ap :y: ��xJ Clerk of the Board o Sara J. Fisher, Chai man County Commissioners i JI 9 "Contractor": Oldcastle SW Group, Inc.,dba United mpanies of Mesa County By: 2 L Kyle Alpha,General Manager STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me by Kyle Alpha this 3rd , day of September , 2013. My commission expires: 3/29/15 Notary Public DEIi✓a.. -;:AVER NO5 BLIC STATE uORADO DEBBIE WEAVER NOTARY PUBLIC STATE OF COLORADO 10 EXHIBIT A EAGLE VAIL TRAIL IN EAGLE VAIL STONEBRIDGE DRIVE TO POST BOULEVARD Contract Item No. Contract Item Unit Quantity Unit Price Total 201-00000 Clearing and Grubbing LS 1 5,000.00 5,000.00 202-00155 Removal of Walls (landscape) LS 1 5,800.00 5,800.00 202-00210 Removal of Concrete Pavement SY 24 23.00 552.00 202-00220 Removal of Asphalt Mat SY 476 8.00 3,808.00 Removal of Asphalt Mat 202-00240 (planing) SY 141 19.00 2,679.00 202-05006 Sawcut Concrete LF 15 20.00 300.00 202-05026 Sawcut Asphalt Material LF 506 6.00 3,036.00 Unclassified Excavation 203-00010 (complete in place) LS 1 25,000.00 25,000.00 Embankment Material (complete 203-00060 in place) LS 1 13,000.00 13,000.00 Potholing w/Surveying of U/G 203-01596 Utilities LS 1 8,750.00 8,750.00 207-00205 Topsoil (4") CY 123 60.00 7,380.00 207-00210 Stockpile Topsoil (remove 6") CY 537 21.00 11,277.00 208-00007 Erosion Log (8-inch) LF 1025 9.00 9,225.00 208-00015 Sandbag (curb sock) EA 6 215.00 1,290.00 208-00050 Storm Drain Inlet Protection EA 3 215.00 645.00 208-00070 Stabilized Construction Entrance EA 6 1,550.00 9,300.00 210-00815 Reset Sign Panel EA 9 90.00 810.00 210-00858 Reset Pedestal (TV) EA 2 530.00 1,060.00 210-01130 Reset Guardrail Type 3 EA 77 69.00 5,313.00 210-04010 Adjust Manhole EA 4 870.00 3,480.00 212-00006 Seeding(native) AC 0.2 2,100.00 420.00 212-00050 Sod SF 2834 2.50 7,085.00 213-00004 Mulching (weed free straw) AC 0.2 3,200.00 640.00 213-00061 Mulch Tackifier LB 20 3.25 65.00 216-00037 Soil Retention Blanket(coconut) SY 123 5.25 645.75 304-06000 ABC (CL 6) TN 1043 40.00 41,720.00 403-34721 HMA(GR-SX) (75) (PG58-28) TN 453 131.00 59,343.00 504-03311 MSE Retaining Wall w/geogrid SF 131 85.00 11,135.00 506-00209 Riprap (9-inch) CY 4 530.00 2,120.00 Pedestrian Railing (steel) 514-00201 (special) LF 142 160.00 22,720.00 603-01180 18-inch RCP LF 169 150.00 25,350.00 604-13005 Inlet Type 13 EA 2 4,300.00 8,600.00 11 604-19105 Inlet Type R L5 EA 1 5,700.00 5,700.00 604-50062 Inlet Grate and Frame (vane) EA 1 3,000.00 3,000.00 606-01390 End Anchorage Type 3K EA 3 1,650.00 4,950.00 607-11525 Plastic Construction Fence LF 430 _ 7.00 3,010.00 609-21020 Curb and Gutter Type 2, II-B LF 362 39.00 14,118.00 614-00011 Sign Panel (CL 1) LF 75 21.00 1,575.00 Steel Sign Support(2" round) 614-01512 (post) LF 10 19.00 190.00 614-03001 Concrete Footing(type 1) EA 1 1,050.00 1,050.00 625-00000 Construction Surveying LS 1 3,500.00 3,500.00 626-00000 Mobilization LS 1 35,000.00 35,000.00 Thermoplastic Pavement Marking 627-30205 (word-symbol) SF 10 15.00 150.00 Thermoplastic Pavement Marking 627-30210 (xwalk-stopline) SF 96 12.00 1,152.00 Pavement Marking (word- 627-60000 symbol) GAL 3 130.00 390.00 Pavement Marking(xwalk- 627-60000 stopline) GAL 5 130.00 650.00 630-00012 Traffic Control LS 1 37,500.00 37,500.00 TOTAL $409,483.75 12 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 paved trail for purposes of bicycling and walking between Stonebridge Drive and Post Boulevard in Eagle Vail, east of the Town of Avon. The project includes construction of 2,377 linear feet of asphalt trail with 744 square feet of retaining wall adjacent to Highway 6 to be built in three parts and completed by May 15, 2014. BID DOCUMENTS As of August 8, 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 http://www.eaglecounty.us/Facilities/RFPs / RFQs/ MANDATORY PRE-BID MEETING A mandatory pre-bid meeting will be held on Monday,August 19 at 2:00 p.m. local time at the ECO Trails offices, Building A meeting room, 3289 Cooley Mesa Road, Gypsum, Colorado, 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 WEDNESDAY, AUGUST 28, 2013 AT 2:00 P.M. P.M. LOCAL TIME, 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: "EAGLE VALLEY TRAIL IN EAGLE VAIL - STONEBRIDGE DRIVE TO POST BOULEVARD". 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. 13 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 ellie.caryl @eaglecounty.us by WEDNESDAY, AUGUST 21, 2013 by 3:00 p.m. 5.2 Replies will be issued in writing by Addenda and mailed, delivered or emailed to all parties recorded by ECO Trails as having received the Bidding Documents. Questions received after the due date for questions will not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. BID 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 successful 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 7.1 The estimated period of time to complete the work is fifteen weeks. Notwithstanding the foregoing, the date by which the work is to be complete (the Contract Time) is set forth in the bid form as May 15, 2014 and will be included in the Contract Documents. 8. LIQUIDATED DAMAGES 8.1 Provisions for liquidated damages, if any, are set forth in the Contract Documents. 9. SUBSTITUTE MATERIAL AND EQUIPMENT 9.1 The 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- equal" items. Whenever it is indicated in the Drawings, or specified in the Specifications, that a substitute or"or-equal" item of material or equipment may be furnished or used by Contractor if 15 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). 11.7 The address and telephone numbers to which communications regarding the bid are to be directed 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"EAGLE VALLEY TRAIL IN EAGLE VAIL- STONEBRIDGE DRIVE TO POST BOULEVARD 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 All 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 cost 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 In evaluating bids, Owner shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the • 17 SPECIAL PROVISIONS 1. PROJECT DESCRIPTION AND INTENT 1.1 The Project is divided into three parts to minimize disruption to neighboring properties, avoid high traffic volumes on Highway 6 between Memorial Day and Labor Day, acknowledge seasonal weather impacts and CDOT permit requirements. All 2013 work shall cease by November 8, 2013. All remaining work will be completed by May 15, 2014. Part 1: 30+50 to 35+00 will be completed by November 8, 2013. Part 2: 35+00 to 43+00 may start and complete in 2013 if task schedule, weather, neighboring property and highway travel and construction access conditions are all conducive, as determined by Owner and Engineer in consultation with Contractor and CDOT. Otherwise, Part 2 shall commence and complete in 2014. Part 3: 43+00 to 53+77, to commence and complete in 2014. 2. PRE-CONSTRUCTION MEETING 2.1 The selected 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- Construction meeting: 2.1.1 Detailed Proposed Work Schedule for Project Tasks, including Weekly Progress Meetings. 2.1.2 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. 2.1.3 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). 2.1.4. 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 and experience statement for each subcontractor, unless previously requested and provided per section 10.1 of Instructions to Bidders in the Contract Documents, and no changes have occurred. 3. PUBLIC INFORMATION 3.1 The Contractor shall participate in a public information process on an ongoing basis throughout the duration of the project, as follows: 57 SUPPLEMENTARY INFORMATION a. Standard Special Provisions and Project Special Provisions to CDOT Specifications b. Geotechnical Engineering Report. c. CDOT Special Use Permit issued to Eagle County COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL PROVISIONS The 2011 Standard Specifications for Road and Bridge Construction controls construction of this project. The following standard special provisions and project special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. STANDARD SPECIAL PROVISIONS Eagle Valley Trail—Stonebridge Drive to Post Boulevard(see attached Table of Contents) PROJECT SPECIAL PROVISIONS Title Date Page(s) Revision of Section 203 Excavation and Embankment July 29, 2013 1 Revision of Section 207 Topsoil May 10,2013 1 Revision of Section 504 Concrete Block Facing MSE Wall May 10,2013 1 Revision of Section 504 Concrete Block Facing MSE Wall(M&P) May 10, 2013 1 Revision of Section 603 Culverts and Sewer May 10,2013 1 Section 630 Traffic Control Plan July 29, 2013 1-2 Project Special Provision for Utilities July 29, 2013 1-3 July 19, 2012 . 1 REVISION OF SECTIONS 203, 206, 304 AND 613 COMPACTION Sections 203, 304 and 613 of Standard Specifications are hereby revised for this project as follows: In subsection 203.03(a), delete the fifth paragraph and replace with the following: 1. Soil Embankment. Soil embankment consists of materials with 50 percent or more of the material passing the 4.75 mm(No.4)sieve. A soil embankment may also have more than 50 percent of the material retained on the 4.75 mm (No.4) sieve, but no more than 30 percent of the material retained on the 19 mm (3/4 inch)sieve. Soil embankment shall be constructed with moisture density control in accordance with the requirements of subsection 203.07. 2. Rock Embankment. Rock embankment consist of materials with 50 percent or more of the material retained on the 4.75 mm (No. 4)sieve and with more than 30 percent of the material retained on the 19 mm (3/4 inch) sieve. All material shall be smaller than 6 inches. Rock embankments shall be constructed without moisture density control in accordance with the requirements of subsection 203.08. Delete Subsection 203.07 and replace with the following: 203.07 Construction of Embankment and Treatment of Cut Areas with Moisture and Density Control. Soil embankments shall be constructed with moisture and density control and the soil upon which the embankments are to be constructed shall be scarified to a depth of 6 inches and compacted with moisture and density control. The moisture content of the soil at the time of compaction shall be as specified or directed. The material shall be removed from the full width of roadbed in all cut sections to the designated depth. The soil below the designated depth shall be thoroughly scarified to a depth of 6 inches and the moisture content increased or reduced, as necessary,to obtain the moisture content specified. This scarified layer shall then be compacted to the relative compaction specified. All embankment material shall be compacted to not less than 95 percent relative compaction. Maximum dry density of all soil types encountered or used will be determined in accordance with AASHTO T 99 as modified by CP 23. Soils shall be compacted at±2 percent of Optimum Moisture Content(OMC)as determined by AASTHO T 99. Soils having greater than 35 percent passing the 75 pm (No.200)sieve shall be compacted to 0 to 3 percent above OMC. Soils which are unstable at the above moisture content shall be compacted at lower moisture content to the specified density. Additional work involved in drying embankment material to the required moisture content shall be included in the contract price paid for excavating or furnishing the material with no additional compensation. Density requirements will not apply to materials which cannot be tested in accordance with the above procedures for determining maximum dry density. Compaction for materials which cannot be tested shall be in accordance with subsection 203.08. Claystone or soil-like non-durable shale shall be pulverized and compacted to the specified moisture and percent of relative compaction and shall be compacted with a heavy tamping foot roller,weighing at least 30 tons. Each tamping foot roller shall protrude from the drum a minimum of 4 inches. Each embankment layer shall receive a minimum of three or more coverages with the tamping foot roller to obtain density. One coverage consists of one pass over the entire surface designated. One pass consists of the passing of an acceptable tamping foot roller over a given spot. The roller shall be operated at a uniform speed not exceeding 3 miles per hour. No additional compensation will be made for additional roller coverages to achieve specified density requirements. January 31, 2013 REVISION OF SECTION 208 EROSION LOG Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.02, delete(h)and replace with the following: (h) Erosion log. Shall be one of the following types unless otherwise shown on the plans: (1) Erosion Log(Type 1)shall be curled aspen wood excelsior with a consistent width of fibers evenly distributed throughout the log. The casing shall be seamless, photo-degradable tube netting and shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log called for on the plans. The curled aspen wood excelsior shall be fungus free, resin free, and free of growth or germination inhibiting substances. (2) Erosion Log(Type 2)shall consist of a blend of 30-40 percent weed free compost and 60-70 percent wood chips. The compost/wood blend material shall pass a 50 mm (2 inch)sieve with a minimum of 70 percent retained on the 9.5 mm(3/8 inch)sieve and comply to subsection 212.02 for the remaining compost physical properties.The compost/wood chip blend may be pneumatically shot into a geotextile cylindrical bag or be pre-manufactured.The geotextile bag shall consist of material with openings of 3/8 inches of HDPE mesh, and contain the compost/wood chip material while not limiting water infiltration. Erosion log (Type 1 and Type 2)shall have minimum dimensions as shown in Table 208-1, based on the diameter of the log. Table 208-1 NOMINAL DIMENSIONS OF EROSION LOGS Diameter Length (feet) Weight(minimum) Stake (pounds/foot) Dimensions (Inches) Min. Max. 9 inch 10 180 1.6 1.5 by 1.5(nominal) by1'8 12 inch 10 180 2.5 1.5 by 1.5(nominal) by 24 20 inch 10 100 4.0 2 by 2(nominal) by 30 Stakes to secure erosion logs shall consist of pinewood or hardwood. Subsection 208.11 shall include the following: All BMPs measured by the linear foot shall be determined along the centerline of the BMP. Measured length will not include required overlap. January 31, 2013 1 REVISION OF SECTION 213 MULCHING Section 213 of the Standard Specifications is hereby revised for this project as follows: In subsection 213.01, delete the last paragraph and replace with the following: This work includes furnishing and applying spray-on mulch blanket or bonded fiber matrix on top of rock cuts and slopes after seeding or as temporary stabilization as shown on the plans or as directed by the Engineer. In subsection 213.02, delete the eighth paragraph and replace with the following: The hydromulch material for hydraulic mulching shall consist of virgin wood fibers manufactured expressly from clean whole wood chips. The chips shall be processed in such a manner as to contain no growth or germination inhibiting factors. Fiber shall not be produced from recycled materials such as sawdust, paper,cardboard, or residue from pulp and paper plants.The wood cellulose fibers of the mulch must maintain uniform suspension in water under agitation. Upon application,the mulch material shall form a blotter like mat covering the ground. This mat shall have the characteristics of moisture absorption and percolation and shall cover and hold seed in contact with the soil. The Contractor shall obtain certifications from suppliers that laboratory and field testing of their product has been accomplished, and that it meets all of the foregoing requirements pertaining to wood cellulose fiber mulch. In subsection 213.02, delete the eleventh paragraph and replace with the following: Material for mulch tackifier shall consist of a free-flowing, noncorrosive powder produced either from the natural plant gum of Plantago Insularis(Desert Indianwheat)or pre-gelatinized 100 percent natural corn starch polymer. The powders shall possess the following properties: Plantago Insularis(Desert Indianwheat): Property Requirement Test Method (1)pH 1%solution 6.5-80 (2)Mucilage content 75%min. ASTM D7047 Pre-gelatinized 100 percent natural corn starch polymer: (1) Organic Nitrogen as protein 5.5-7% (2) Ash content 0-2% (3) Fiber 4-5% ;. (4) pH 1%solution 6.5—8.0 (5) Size 100%thru 850 microns(20 mesh) (6) Settleable solids <2% All fibers shall be colored green or yellow with a biodegradable dye. Delete the last paragraph in subsection 213.02 and replace with the following: (a) Spray-on Mulch Blanket. Spray on mulch blanket shall be one of the following, unless otherwise shown on the plans: (1) Spray-on Mulch Blanket(Type 1)shall be a hydraulically applied matrix containing organic fibers, water soluble cross-linked tackifier, reinforcing natural and/or synthetic interlocking fibers. Mulch Blanket(Type 1)shall conform to the following: Project Special Provision for Utilities July 29, 2013 All work on the sanitary sewer and water systems shall be inspected by Eagle River Water& Sanitation District during construction. The Contractor shall coordinate with ERWSD for these inspections and for final inspection of all relocated and/or adjusted facilities. The Contractor shall provide 5 working days prior written notice for final inspections. Utility Company Responsibilities—Eagle River Water& Sanitation District will provide periodic inspection as needed during the relocation/adjustment work,observe the testing procedures and will provide a final inspection when the work is complete. HOLY CROSS ENERGY(electricity) Contractor Responsibilities—The Contractor is responsible for protecting existing electric system from damage resulting from construction of project. The contractor will provide potholing and provide location information to Engineer for possible design modifications. Contractor shall adjust all existing HCE vaults that may require adjustment to match the final proposed locations and elevations. Should adjustment be required, the Contractor shall coordinate with HCE for this work. Contractor shall provide materials and repair all secondary electric facilities impacted by his work. COMCAST(cable TO Contractor Responsibilities — The Contractor is responsible for protecting existing cable television and communication system from damage resulting from construction of project. Contractor is responsible for coordinating with Comcast for the resetting of pedestal as shown on the plans. The contractor will provide trenching and will install the conduit and resetting pedestals as shown on plans. The contractor will provide potholing and provide location information to Engineer for possible design modifications. XCEL ENERGY—(gas) Contractor Responsibilities — Contractor is responsible for protecting existing gas system from damage resulting from construction of project. The contractor will provide potholing and provide location information to Engineer for possible design modifications. The Contractor shall provide 30 days prior written notice prior to beginning construction. CENTURY LINK(telephone) Contractor Responsibilities — The Contractor is responsible for protecting existing telephone system from damage resulting from construction of project. GENERAL: The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, (NOT INCLUDING THE DAY OF NOTICE OR THE DAY OF EXCAVATION) prior to commencing such operations. Contact the Utility Notification Center of Colorado (UNCC) at 811 or 1- 800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. For CDOT owned utility facilities the Contractor 2—UTILITIES SECTION 630 TRAFFIC CONTROL PLAN The key elements of the Contractor's method of handling traffic (MHT)are outlined in subsection 630.10(a). The components of the Traffic Control Plan(TCP) for this project are included in the following: (1) Subsection 104.04 and Section 630 of the specifications (2) Standard Plan S-630-1, Traffic Control for Highway Construction (3) Standard Plan S-630-2 (4) Schedule of Construction Traffic Control Devices (5) Signing and Marking Plans (6) Manual of Uniform Traffic Control Devices (MUTCD) Special Traffic Control requirements for this project are as follows: The 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 Traffic Control Devices, with latest revisions and the CDOT M&S Standards. Two weeks prior to beginning work on the project, the Contractor will submit a Traffic Control Plan for review and approval by the Engineer and Colorado Department of Transportation Traffic and Maintenance Divisions. The site specific and detailed TCP will cover all phases of construction, daylight signage, detours and MHTs. The Contractor shall provide traffic control at all times when work is underway on the site between 7:30 a.m. and 6:00 p.m. Monday through Friday. The Contractor will designate a Traffic Control Supervisor(TCS) to manage construction signage and safety of operation during activities within CDOT right-of-way. The TCS shall be available whenever work is in progress. Prior to starting construction adjacent to or in the roadway, the Contractor shall notify the Colorado State Patrol, Department of Transportation, and Eagle County Sheriff of the date the Contractor intends to start construction and advise of the project MHTs during the length of the project work. Colorado State Patrol Dispatch: 479-2200 Colorado Department of Transportation Maintenance: 524-0627 or 970-845-8132 Eagle County Sheriff Dispatch: 479-2200 Town of Avon Police Department: 748-4040 The Contractor shall not have construction equipment or materials in the lanes or the shoulders of the highway at any time; unless approved or directed. Section 630 Traffic Control 1 REVISION OF SECTION 603 CULVERTS AND SEWER Section 603.12 of the Standard Specifications is hereby revised for this project to include the following: BASIS OF PAYMENT 603.12 Structure excavation and structure backfill Measurement and Payment to be revised as follows: Structure excavation and structure backfill will not be measured but will be included in the work. Revision of Section 603 Culverts and Sewer 1 REVISION OF SECTION 504 CONCRETE BLOCK FACING MSE WALL The Standard Special Provision of Section 504 Concrete Block Facing MSE Wall is hereby revised•for this project as follows: Subsection 504.09 shall include the following as the last sentence of the subsection: Alternately, contractor may use a granular leveling pad, subject to review by the Engineer. In subsection 504.10, first paragraph, delete the first sentence and replace with the following: A Geomembrane shall be installed on all walls,with metallic soil reinforcement, at the top of the reinforced structure backfill zone and retained structure backfill zone to intercept surface runoff and prevent salt penetration into the backfill of the wall as shown on the plans. Revision of 504 Concrete Block MSE Wall REVISION OF SECTION 207 TOPSOIL Section 207 of the Standard Specifications is herby revised for this project as follows: Subsection 207.04 the last paragraph is hereby revised as follows: METHOD OF PAYMENT 207.04 Topsoil secured from the Contractor's source will be measured by multiplying the area it is placed times the depth specified in the contract. • Redsion of 207 Topsoil 1 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications is hereby revised for this project as follows: Subsection 203.05(b)the first paragraph is hereby revised as follows: 203.05(b) 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. Subsection 203.13(a)Excavation add the following: 203.13(a)When payment is specified on a Lump Sum basis, then it will not be measured but will be paid as lump sum. Subsection 203.13(b)Embankment add the following: 203.13(b) When payment is specified on a Lump Sum basis, then it will not be measured but will be paid as lump sum. Subsection 203.13(e) Potholing add the following: 203.13(e)When payment is specified on a Lump Sum basis, then it will not be measured but will be paid as lump sum. BASIS OF PAYMENT Subsection 203.14 add the following: Pay Item Pay Unit Excavation Lump Sum Embankment. Lump Sum Potholing Lump Sum Partial payments will be made for the Lump Sum items based upon percentage of the item complete. Revision of 203 Excavation and Embankment 1 February 3, 2011 REVISION OF SECTION 712 WATER FOR MIXING OR CURING CONCRETE Section 7)2 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 712.01 and replace it with the following: 712.01 Water. Water used in mixing or curing concrete shall be reasonably clean and free of oil, salt, acid, alkali, sugar, veOetation, or other substance injurious to the finished product. Concrete mixing water shall meet the requiremeints of ASTM C1602. The Contractor shall perform and submit tests to the Engineer at the frequencies listed in ASTM C1602. Potable water may be used without testing. Where the source of water is relatively shallow,the intake shall be so enclosed as to exclude silt, mud, grass, and other foreign materials. November 1, 2012 2 REVISION OF SECTION 712 GEOTEXTILES Table 712-2 TYPICAL VALUES OF PERMEABILITY COEFFICIENTS' Particle Size Range Effective Permeability Turbulent Flow Millimeters(inches) Size Coefficient k D max Dmin D20mm cm/s (inches) Derrick STONE 3000(120) 900(36) 1200(48) 100 One-man STONE 300(12) 100(4) 150(6) 30 Clean,fine to coarse 80(3) 10(%) 13 (%) 10 GRAVEL Fine,uniform 8(%) 1 5(1/16) 3 ('h) 5 GRAVEL Very coarse,clean, 3 (' ) 0.8(1/32) 1.5(1/16) 3 uniform SAND Laminar Flow Uniform,coarse 2(%) 0.5(1/63) 0.6 0.4 SAND Uniform,medium 0.5 0.25 0.3 0.1 SAND Clean,well-graded 10 0.05 0.1 0.01 SAND&GRAVEL Uniform,fine SAND 0.25 0.05 0.06 40 x 104 Well-graded,silty 5 0.01 0.02 4 x 104 SAND&GRAVEL Silty SAND 2 0.005 0.01 1.0 x 104 Uniform SILT 0.05 0.005 0.006 0.5 x 104 Sandy CLAY 1.0 0.001 0.002 0.05 x 104 Silty CLAY 0.05 0.001 0.0015 0.01 x 10' CLAY(30%to 50% 0.05 0.0005 0.0008 0.001 x 104 clay sizes) Colloidal CLAY(-2 0.01 10 40 10 gm 50%) Basic Soils Engineering,R.K.Hough,2nd Edition,Ronald Pess Co.; 1969, Page 76. Note: Since the permeability coefficient of the soil will be unknown in most non- critical,non-severe applications for erosion control and drainage,the soil- permeability coefficients listed in Table 712-2 may be used as a guide for comparing the permeability coefficient of the fabric with that of the in- place soil • November 1, 2012 REVISION OF SECTION 712 GEOTEXTILES Section 712 of the Standard Specifications is hereby revised for this project as follows: In subsection 712.08, delete the third and fourth paragraphs and replace with the following: Physical r quirements for all geotextiles shall conform to the requirements of AASHTO M-288. Materials shall be selected f om the New York Department of Transportation's Approved Products List of Geosynthetic materials that meet he National Transportation Product Evaluation Program(NTPEP)and AASHTO M-288 testing requireme ts. The current list of products that meet these requirements is located at: www.dot.rjy.gov The Geotextile Approved Products List may be accessed by clicking on the following tabs once on the NYDOT site to: (1) A To Z Site Index (2) Approved List (3) Approved Products (4) Materials and Equipment (5) Geosynthetics for Highway Construction (6) Geotextiles In subsection 712.08, delete Table 712-2 and replace with the following illl July 28, 2011 REVISION OF SECTION 703 CONCRETE AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete the second paragraph of subsection 703.00 and Table 703-1. Delete subsections 703.01 and 703.02 and replace with the following: 703.01 Fine Aggregate for Concrete. Fine aggregate for concrete shall conform to the requirements of AASHTO M 6, Class A.The minimum sand equivalent, as tested in accordance with Colorado Procedure 37 shall be 80 unless otherwise specified. The fineness modulus, as determined by AASHTO T 27, shall not be less than 2.50 or greater than 3.50 unless otherwise approved. 703.02 Coarse Aggregate for Concrete.Coarse aggregate for concrete shall conform to the requirements of AASHTO M 80, Class A aggregates, except that the percentage of wear shall not exceed 45 when tested in accordance with AASHTO T 96. November 1, 2012 2 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Additionally, each source of aggregate for SMA shall meet the following requirements: (1) No mbre than 30 percent when tested in accordance with AASHTO T 96 Resistance to Degradation of Small- Size Ioarse Aggregate by Abrasion and Impact in the Los Angeles Machine. (2) No mbre than 12 percent when tested in accordance with AASHTO T 104 Soundness of Aggregate by Use of Sodium Sulfate. The aggregate for Hot Mix Asphalt(HMA)shall meet the requirements of Table 703-4A when tested in accordance with CP-L 4211 Resistance of Coarse Aggregate to Degradation by Abrasion in the Micro-Deval Apparatus. The Contractor shall be assessed a price reduction of$1000 for each production sample of the combined aggregate with a value greater than 20 according to CP-L 4211. Table 703-4A AGGREGATE DEGRADATION BY ABRASION IN THE MICRO-DEVAL CP-L 4211 Not to exceed Combined Aggregate(Mix Design) 18 Combined Aggregate (1/10,000 tons, or fraction thereof 20 during production) November 1,2012 1 REVISION OF SECTION 703 AGGREGATES FOR HOT MIX ASPHALT Section 703 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 703.04 and replace with the following: 703.04 Aggregates for Hot Mix Asphalt. Aggregates for hot mix asphalt(HMA)shall be of uniform quality, composed of clean, hard,durable particles of crushed stone, crushed gravel, natural gravel, or crushed slag. Excess of fine material shall be wasted before crushing. A percentage of the aggregate retained on the 4.75 mm (No. 4)sieve for Gradings S, SX and SG—and on the 2.36 mm (No. 8)sieve for Gradings SF and ST—shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1, as revised for the project in Section 403. The angularity of the fine aggregate shall be a minimum of 45.0 percent when determined according to AASHTO T 304. Grading SF mixes,when determined by RME, may not require fine aggregate angularity of 45.0 percent. Aggregate samples representing each aggregate stockpile shall be non-plastic if the percent of aggregate passing the 2.36 mm (No. 8)sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls,vegetable matter, or other deleterious substances. The aggregate for Gradings ST, S, SX and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. Table 703-4 MASTER RANGE TABLE FOR HOT MIX ASPHALT Percent by Weight Passing Square Mesh Sieves Sieve Size Grading Grading SF** Grading ST Grading SX Grading SG 37.5mm (1/„) 100 25.0 mm (1”) 100 90– 100 19.0 mm (%") 100 90–100 12.5mm (1/2") 100 90-100 * * 9.5 mm (%") 100 90–100 * * 4.75 mm(#4) 90– 100 * * * * 2.36 mm(#8) * 28-58 28-58 23-49 19-45 1.18 mm (#16) 30–54 600 µm (#30) * * * * 300 pm (#50) 150 pm(#100) 75 µm (#200) 2-12 2-10 2-10 2-8 1 -7 * These additional Form 43 Specification Screens will initially be established using values from the As Used Gradation shown on the Design Mix. **SF applications are limited and the CDOT Pavement Design Manual should be referenced, prior to use. Aggregates for stone matrix asphalt(SMA)shall be of uniform quality, composed of clean, hard, durable particles of crushed stone, crushed gravel, or crushed slag. A minimum of 90 percent of the particles retained on the 4.75 mm(No. 4)sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. The particles passing the 4.75 mm(No. 4)sieve shall be the product of crushing rock larger than 12.5 mm (1/2 inch)and shall be non-plastic when tested in accordance with AASHTO T 90. January 31, 2013 REVISION OF SECTION 630 SIGNS AND BARRICADES Section 630 of the Standard Specifications is hereby revised for this project as follows: In subsection 630.02, delete the second paragraph, and replace with the following: Temporary sign support assembly shall be timber, perforated square metal tubing inserted into a larger base post or slip base or perforated metal U-channel with a slip base. The temporary sign support assembly shall conform to NCHRP and AASHTO requirements regarding temporary sign supports during construction. Subsection 630.02 shall include the following: If a timber post is selected, it shall conform to the requirements of subsection 614.02. • January 31,2013 2 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING PAINT (c) High Build Acrylic Waterborne Paint. High build acrylic waterborne paint binder(nonvolatile portion of vehicle)shall be 100 percent HD 21 acrylic cross linking polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department. Waterborne and High Build Acrylic Waterborne paint shall meet the following requirements: Performance Requirements: The paint shall be water resistant and shall show no softening or blistering. Table 708-1 WATERBORNE AND HIGH BUILD ACRYLIC WATERBORNE PAINT Property White Yellow Test Method Nonvolatile portion of vehicle(white and yellow), % 43.0 43.0 ASTM D 2205 Pigment Composition Percent by weight* 60.0 60.0 ASTM D 4451 ASTM D 3723 Paint Titanium Dioxide Content, lb/gal 1.0 0.2 ASTM D 5381 Properties of the Finished Paint Total Non-volatiles, (solids)% by weight 77.0 77.0 FTMS 141C-Method 4053.1, ASTM D 2369,or ASTM D 4758 Density, lbs/gal• 14.0-14.6 14.0-14.6 ASTM D 2205 Consistency (Viscosity) White and Yellow, Krebs- 85 95 85-95 ASTM D 562 Stormer Units Freeze Thaw Stability Shall complete 5 or more ASTM D 2243 test cycles successfully Fineness of Grind, Cleanliness Rating B, minimum 3 3 ASTM D 1210 Scrub Resistance 800 800 ASTM D2486 Directional Reflectance: [5 mil Wet Film] 90 50 ASTM E 1347 Dry Opacity(Contrast Ratio): [5 mil Wet Film] 0.95 0.95 ASTM D 2805 *Percent by weight shall include percent of organic yellow pigment. •Density shall not vary more than 0.3 lbs./gal between batches. • January 31,2013 1 REVISION OF SECTIONS 627 AND 708 PAVEMENT MARKING PAINT Sections 6127 and 708 of the Standard Specifications are hereby revised for this project as follows: In subsection 627.04, delete the first paragraph and replace with the following: 627.04 Pavement Marking with Waterborne, Low Volatile Organic Compound(VOC)Solvent Base,and High Build Acrylic Waterborne Paint(High Build). Striping shall be applied when the air and pavement temperatures are no less than 45°F for waterborne and high-build paint, and no less than 40 °F for low VOC solvent base paint on asphalt or portland cement concrete pavements. The pavement surface shall be dry and clean. Surface cleaning shall be required when there is deicing material on the road. Weather conditions shall be conducive to satisfactory results. In subsection 627.04 delete the table and replace it with the following i Description Paint Waterborne LoW VOC High Build Alignment Lateral Deviation 2.0 inch per 200 foot Max Coverage Rate Sq. Ft. per Gallon 90-100 90-100 67-73 Thicknbss Mil 16-18 16-18 22-24 Width Inches Per Plans +/- 0.25 Dry Time Minutes 5-10 5-10 5-10 Beads Application Rate, lbs/gal 7-8 9-10 Subsection)627.13 shall include the following: Pay Item Pay Unit Pavement Marking Paint(High Build) Gallon Delete subsection 708.05 and replace with the following: 708.05 Pavement Marking Materials. Except for pavement marking paint, pavement marking materials shall be selected frdm the Department's Approved Products List(APL). Prior to start of work, a Certified Test Report(CTR) for all pavement marking materials shall be submitted in accordance with subsection 106.13. For white p int, the color after drying shall be a flat-white,free from tint, and shall provide the maximum amount of opacity an visibility under both daylight and artificial light. For yellow paint,the Federal Standard 595B shall be used to de ignate colors and the ASTM E308 shall be used to quantitatively define colors. After drying,the yellow paint shall isually match Federal Standard 595B color chip number 33538, and shall be within 6 percent of central col , PR-1 Chart,where x=0.5007 and y=0.4555(The four pairs of chromaticity coordinates determine the accept le color in terms of the CIE 1931 Standard Colorimetric System measured with Standard Illuminant D65.) (a) Low V C Solvent Base Paint. Low VOC Paint shall be ready mixed, and shall be capable of being applied to Asphal or Portland Cement Concrete Pavements. (b) Acrylic aterborne Paint. Acrylic waterborne paint shall be a lead-free, 100 percent Acrylic resin polymer waterb me product.The finished product shall maintain its consistency during application at temperatures compat ble with conventional equipment. • July 29, 2011 REVISION OF SECTION 601 CONCRETE SLUMP ACCEPTANCE Section 601 of the Standard Specifications is hereby revised for this project as follows: Delete the fifth paragraph of Subsection 601.05 and replace with the following: Except for Class BZ concrete, the slump of the delivered concrete shall be the slump of the approved concrete mix design plus or minus 2.0 inch. The laboratory trial mix must produce an average compressive strength at least 115 percent of the required field compressive strength specified in Table 601-1.When entrained air is specified in the Contract for Class BZ concrete, an air entraining admixture may be added to an approved Class BZ mix design. A new trial mix will not be required. Delete Subsection 601.17(b), 601.17(d)and Table 601-3 and replace with the following: (b) Slump. Slump acceptance, but not rejection, may be visually determined by the Engineer. Any batch that exceeds the slump of the approved concrete mix design by 2.0 inches will be retested. If the slump is exceeded a second time,that load is rejected. If the slump is greater than 2 inches lower than the approved concrete mix design,the load can be adjusted with a water reducer, or by adding water(if the w/cm allows) and retested. Portions of loads incorporated into structures prior to determining test results which indicate rejection as the correct course of action shall be subject to reduced payment or removal as determined by the Engineer. (d) Pay Factors. The pay factor for concrete which is allowed to remain in place at a reduced price shall be according to Table 601-3 and shall be applied to the unit price bid for Item 601, Structural Concrete. If deviations occur in air content and strength within the same batch,the pay factor for the batch shall be the product of the individual pay factors. Table 601-3 • PAY FACTORS Percent Total Air I Strength Deviations Below Below From Pay Specified Pay Specified Specified Factor Strength(psi) Factor Strength(psi) Air (Percent) [<4500 psi (Percent) [>4500 psi (Percent) Concrete] Concrete] 0.0-0.2 98 1-100 98 1-100 0.3-0.4 96 101-200 96 101-200 0.5-0.6 92 201-300 92 201-300 0.7-0.8 84 301-400 84 301-400 0.9-1.0 75 401-500 75 461-500 Over 1.0 Reject _ Over 500 Reject 65 501-600 54 601-700 42 701-800 29 801-900 15 901-1000 Reject Over 1000 February 3, 2011 REVISION OF SECTION 601 CONCRETE FINISHING Section 01 of the Standard Specifications are hereby revised for this project as follows: In subsecton 601.12(a)delete the fifth paragraph and replace it with the following: Water shad not be added to the surface of the concrete to assist in finishing operations. Hand finishing should be minimized wherever possible.The hand finishing methods shall be addressed in the Quality Control Plan for concrete finishing. Hand finished concrete shall be struck off and screeded with a portable screed thalt is at least 2 feet longer than the maximum width of the surface to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in-place for more than 30 minutes or when initial set has begun. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan (QCP)to ensure that proper hand finishing is accomplished in accordance with current Industry standards. It shall identify the Contractor's method for ensuring that the provisionsiof the QCP are met.The QCP shall be submitted to the Engineer at the Preconstruction Conference. Concrete placement shall not begin until the Engineer has approved the QCP. The QCP shall identify and address issues affecting the quality finished concrete including but not limited to: (1) Timin of hand finishing operations (2) Metho ology to place and transport concrete (3) Equip ent and tools to be utilized (4) Qualifi ations and training of finishers and supervisors When the ngineer determines that any element of the approved QCP is not being implemented or that hand finished co Crete is unacceptable,work shall be suspended.The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP.The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. In subsection 601.14(a)delete the fourth paragraph. I'I February 3, 2011 REVISION OF SECTION 601 CONCRETE BATCHING Section 601 of the Standard Specifications is hereby revised for this project as follows: In subsection 601.06, delete(13)and(17)and replace with the following: (13) Gallons of water added by truck operator, the time the water was added and the quantity of concrete in the truck each time water is added. (17) Water to cementitious material ratio. 12 (1) A dislocated block is where the edge of an individual block is offset outward more than 1/4 inch or placed with a vertical joint more than 1/4 inch from the edge of adjacent blocks. (2) A cracked block is an individual block with any visible crack visible in natural light from a distance equal to the wall height. (3) A corner knock-off is a block with any missing facial corners or any side longer than 1/2 inch at the corner. (4) Substandard blocks are concrete blocks installed in any wall segments that do not meet the certified values of compression strength,water absorption rate, or freeze/thaw cycles; substandard blocks include blocks actually in the wall for which the Contractor does not provide reports and certifications as required in subsection 504.12. In the completed wall, or completed portion of the wall, if the number of defective blocks(cracked blocks, corner knock-off blocks, dislocated blocks, efflorescence or cement blemished blocks and substandard blocks)and blocks failing the straightedge test exceeds 3 percent of the total number of blocks in any wall segment of 40 foot horizontal or arc length, a price reduction will be applied to that portion of the wall. The price reduction shall be 3 percent fdr each percent of defective blocks in this portion of the wall exceeding 3 percent. This percentage shall accumulate thereafter to a maximum reduction of 21 percent. For blocks subject to price reduction, if the defects are repairable or the overall quality of wall can be improved, with the consent from the Engineer,the Contractor may repair and reduce the percentage of price reduction. A walkthrough inspection will be made as requested by the Contractor before final payment. %of biefective Blocks(x)in x<3 3<x<_4 4<x<_5 5<x<_6 6<x<7 7<x<8 8<x<_9 9<x<10 x>10 40 foot section %of Price Redudtion for 0 3 6 9 12 15 18 21 Rejection that Section The overal payment reduction percentage shall be calculated by dividing the sum of all defective blocks by the total number of blocks in that portion of the wall. When this percentage exceeds 10 percent,the Engineer will reject the entire wall or portions thereof. The Contractor shall replace the rejected wall at his own expense. 11 504.24 Fill under Leveling Pad. For walls requiring fill under the planned elevation of the leveling pad, the Contractor may lower the elevation of the leveling pad as approved by the Engineer, except that the finished • elevation at the top of the wall shall not be altered. As requested by the Contractor,and with the Engineer's approval,the higher wall shall be redesigned with longer reinforcement length and revised reinforcement schedule. METHOD OF MEASUREMENT 504.25 MSE retaining walls will not be measured for payment in the field, but will be paid for by the calculated quantities shown on the plans for the five major components of the wall: structure excavation, structure backfill, block facing, mechanical reinforcement of soil, and geomembrane. The Contractor's construction of a system that requires increased or decreased quantities of any of the components to complete the wall to the dimensions shown will not result in a change in pay quantities. Exceptions will be made when field changes are ordered or when it is determined that there are discrepancies on the plans in an amount of at least plus or minus five percent of the plan quantity. (1) The block facing quantity was calculated for the square foot of wall front face area from the top of the leveling pad(or average pad elevations)as shown on the plans to the top of the anchoring slab for walls with railing, or to the top of the cast in place coping for walls without railing. (2) The structure excavation quantity was calculated for the total volume of earth to be removed before the installation of the reinforced zone as shown on the plans. (3) The structure backfill quantity was calculated for the total volume behind the wall(the retained structure backfill zone)including the material in the reinforced zone as shown on the plans. (4) The mechanical reinforcement of soil quantity was calculated for the total volume of the reinforced zone as shown on the plans. (5) Geomembrane was calculated as the design height(DH)plus soil reinforcement length(RL)plus 1.5 feet, disregarding the slope of the membrane. The square foot and cubic yard quantities computed for payment are the wall plan quantities based on the height measured at 20 foot maximum intervals along the wall layout line. BASIS OF PAYMENT 504.26 The accepted quantities will be paid for at the contract unit price per unit of measurement for the pay items listed below: • Payment will be made under: Pay Item Pay Unit Block Facing Square Foot Structure excavation will be paid for under the Section 206 Pay Item Structure Excavation. Structure backfill will be paid for under the Section 206 Pay Item Structure Backfill(Class 1). Soil reinforcement will be paid for under the Section 206 Pay Item Mechanical Reinforcement of Soil. Geomembrane will be paid for under the Section 420 Pay Item Geomembrane. Rail anchoring systems(slabs)at the tops of walls and leveling pads at the bottom of wall will be measured and paid for separately under the Section 601 Pay Item Concrete and the Section 602 Pay Item Reinforcing Steel. Payment will be full compensation for all work and materials required to construct the concrete block facing MSE wall. Miscellaneous items such as, dual track welding of Geomembrane, drainage ditches, rundowns,filter material,filter fabric, grout, pins, shimming material, concrete block coating and providing a technical representative will not be measured and paid for separately but shall be included in the work. 504.27 Block Facing Payment Reductions. In this subsection, "block" refers to either a concrete block or a hybrid unit. 10 To avoid the foundation of the leveling pad being washed out by rain,the area in front of the wall and around the leveling pOd shall be backfilled as soon as practicable. 504.21 Rdinforcement. Steel reinforcement shall be slack free and geosynthetic reinforcement shall be slightly pre-tensioned. The minimum coverage ratio for geogrid reinforcement shall be 67 percent and the spaces between rolls shall be staggered between layers of soil reinforcement. The minimum coverage ratio for woven fabric reinforcement shall be 100 percent and an overlap between rolls is not required. Woven fabric sheet reinforcement shall be laid to within 1 inch of the front face of block. Soil reinforcement shall not be cut to avoid obstructions unless shown on the shop drawings. 504.22 Le$,eling Pad. The foundation of the leveling pads shall meet the requirements of subsection 504.20. The levelir{ig pad shall be level within the tolerance of /16 inch for any two block lengths, and within '/ inch for any two points)that are 10 feet apart. Cushion of shimming material(Expansion Joint Material, Concrete Mortar Grout, Roofing Felt, or Geosynthetic Reinforcement)shall be used to support the blocks that are to be directly founded on the leveling pad. Before starting a hew course of blocks, the Contractor shall take measures to ensure that the wall elevations will be matched at the next leveling pad step. Cushion or shimming material or grinding as necessary shall be used to obtain the necessary block elevations at the next leveling pad step. 504.23 BlOck Facing. For walls that support a roadway,the wall layout line at the leveling pad shall be set back and pre-measured with appropriate batter(5 to 8 percent)from the top of the blocks according to the offset with respect to the centerline of the road. For walls adjacent to a roadway, the wall layout line at the leveling pad shall be directly'bffset from the centerline of the road. An overall negative batter(wall face leaning outward)between the bottom and the top of the wall is not allowed. For vertical walls, unless otherwise noted on the plans,the final wall face shall be vertical or shall have a positive batter that is not greater than 5 percent for construction control purposes. For walls higher than 16 feet,the 5 percent batter requirement shall be relaxed to a maximum of 8 percent as required for special block products. The surface of the wall face shall be tested with a 10 foot straightedge laid along the surface in the horizontal and vertical directions. Except as necessary for horizontal alignment Of the wall,a convex deviation (wall belly)of the wall face from the straightedge shall not be allowed, and any cclncave deviation (wall depression)from the straightedge shall be less than 3/4 inch. Unless otherwise noted, all blocks shall be dry-stacked and placed with each block spanning the joint in the row below(running bond). Shimming or grinding shall control the elevations of any two adjacent blocks within 1/24 inch. The lop of blocks shall be tested with a 3 foot or longer straight edge bubble level. All high points identified by the straight edge shall be ground flat. Tilting of the blocks,from front to back of the wall, shall be checked at each course, correction by shimming shall be done no later than three completed courses. For walls without a rail-anchoring slab, the top two courses, or a cast-in-place reinforced concrete cap course and the two courses directly below it, shall be pinned and internally grouted together with a minimum of two#4 rebars per block. The concrete blbck shall have cells to accommodate grouted pins and modifications shall be made for blocks that do not have such cells. Grout is limited to penetrate a maximum depth of three blocks measured from the top of fill for each opleration. For grout more than three blocks in height, if specified on the plans, multiple grout operations are required. A layer of fabric shall retain the grout in the lowest grouted block layer. The aggregate for grout shall be m.dified according to cell size and geogrid aperture. Grout in any 20 foot long wall segment shall be placed and consolidated by a minimum of two simultaneously working concrete vibrators. Precast cap blocks shall not b_ used in lieu of a cast-in-place reinforced concrete cap. All concrete used for cast-in-place cap and grout shall ave a minimum 28 day compression strength of 4500 psi. For walls w th rail anchoring slabs,the top of block elevations shall be within 2 inches of the bottom of the anchoring -lab. Cast-in-place concrete or sawcut partial height blocks may be used to accomplish this without extra cost t i the project. Where the t eomembrane for drainage interferes with the continuation of reinforcement,the blocks beyond the termination hall be reinforced or shimmed with the same grade of soil reinforcing material to maintain the reinforcing .•t the constant block elevation. As shown o the plans,facing blocks directly exposed to spray from deiced pavements and indirect windborne spray shall ave three coats of water resistant or repellant concrete sealer applied to the front face of the wall before the all is opened to traffic. 9 drawings; however reinforcement spacing shall be reduced to one block height, or other properly designed methods of block stabilization shall be used as approved by the Engineer. Short secondary reinforcements used to tied-back cut blocks in between main reinforcements are acceptable. A vertical slip joint for stress relief may be built either with pre-cut or partial pre-cut individual blocks or by saw cutting block face of breaking running bond vertically right after installation. 504.20 Excavation and Backfill. The base of the leveling pad shall receive the same compaction as cut areas required by subsection 203.07. The Contractor shall report to the Engineer in writing density test results for any unsatisfactory bearing material not meeting the minimum 90 percent compaction for walls less than 16 feet high and 95 percent of T-180 for walls higher than 16 feet. If the excavation for the placement of the leveling pad exposes an unsatisfactory bearing material, the Engineer may require removal and replacement of that material. The removed material shall be replaced with Structure Backfill (Class 1)compacted in conformance with subsection 206.03. The Engineer with the assistance of the geotechnical engineer of record will provide the limits including the depth of removal. As directed by the Engineer,and if required, Structure Backfill (Class 1)shall be reinforced with soil reinforcements in conjunction with wick drains and outlet pipes. The Contractor shall grade the foundation for the bottom of the wall for a width equal to or exceeding the limits of the Reinforcement Length(RL)plus 18 inches as shown on the plans. This graded area shall be compacted with an appropriate vibratory roller weighing a minimum of 8 tons for at least five passes or as directed by the Engineer. For cut wall with continuous seepage, phasing of foundation construction or a different drainage and foundation improvement plan may be necessary. The reinforced structure backfill zone and the retained structure backfill zone portion immediately behind the wall as defined on the plans shall be Structure Backfill(Class.1). Recycled asphalt, recycled concrete and flow-fill material shall not be substituted for Structure Backfill(Class 1). Each compacted layer of backfill within a distance equal to the reinforcement spacing away from the back of the block shall not exceed 4 inches. The triangular or trapezoidal portion behind the concrete blocks and above the spill of backfill, as shown on the plans, shall be filled with 3h+inch crushed rock, filter aggregates with filter fabric, or wall system specific fill as approved by the Engineer. Density tests behind and parallel to the wall in the triangular or trapezoidal portion above the backfill spill zone are not required. Each compacted layer of backfill shall not exceed 8 inches and shall be roughly leveled with the top of block elevation of the lift. The fill and compaction operation shall start 3 feet from the wall back face and progress toward the end of the reinforcement. All Structure Backfill (Class 1)including fill material under the wall and on-site material as allowed under subsection 504.08 shall be compacted to a density of at least 95 percent of the maximum density as determined according to AASHTO T 180. For on-site foundation material containing more than 30 percent retained on the'/ inch sieve, a method of compaction consisting of a conventional heavy vibratory roller starting with minimum 5 passes shall be used to establish the number of passes required to exceed the 95%T180 density requirement. At least 6 inches of material shall be in place prior to operation of tracked vehicles over soil with reinforcement. Only power operated roller or plate compaction equipment weighing less than 1,000 pounds is allowed within 3 feet of the front face of the wall. The reinforcement shall not be connected to the wall until the compacted fill is at or slightly higher than the location of the connector. Backfill containing frost or frozen lumps shall not be used. Backfill that has been placed and becomes frozen shall be removed and replaced at the Contractor's expense. If cold weather conditions prevent the placement of Structure Backfill(Class 1),the Contractor may use Filter Material Class B as backfill without compaction at the Contractor's expense and approved by the Engineer. The Contractor shall provide a test report, prepared and certified by an independent laboratory,that the internal friction angle of soil for the Filter Material Class B meets or exceeds that shown on the plans. The Contractor shall place additional blocks including partial height blocks and properly compacted fill material to return the finished grade to the plan elevations if settlement, as determined by the Engineer, has occurred. A final inspection before the installation of rail anchoring slab will be made after construction settlement, if any, has occurred or 30 days after the completion of the wall. The Contractor shall provide immediate temporary storm water protection and wind erosion control at the end of each day during construction. If settlement occurs as the result of loss of backfill due to wind or water erosion, non-conforming backfill such as frozen fill or over-saturated fill,or if the backfill does not meet compaction requirements,the Contractor shall remove the backfill,wash the soil reinforcement, and bring the elevation to the finished grade at the Contractor's expense. Before final project acceptance, the Contractor shall repair any backfill losses due to wind and water erosion. 8 (2) If obstructions(i.e. steel piles, concrete piers/abutments,concrete boxes, pipes, etc.)exist, placement of primary soil reinforcement and backfill at one of the obstructions, (3) Placement of a minimum of the first six courses of blocks or a minimum of a four foot wall height, (4) If a vertical slip joint is required, construction of the vertical slip joint in a minimum of a six course portion of block or a minimum of a four foot wall height, and (5) If cor ers are required,construction of a corner representative of the corners in the wall in the project in a mini um of a six course portion of block or a minimum of a four foot wall height.. Before c struction of the wall test segment the Tech Rep shall provide the Contractor and the Engineer the following: (1) Technical instructions as required in the construction of the earth retaining wall system. (2) Prodilct specific specifications in the placement of the soil reinforcement and backfill in accordance with the wall system. (3) Guidepines in placing the facing units and attaching them to the soil reinforcement in accordance with the system requirements. (4) Provide technical assistance to the facing unit fabricator. At the completion of the wall test segment the Tech Rep shall provide the following: (1) Documentation that the wall test segment was constructed in accordance with the product specific specifications. This documentation shall include a location description(starting and ending stations and elevations)of the wall test segment. (2) Docur#ientation that the job site wall foreman is familiar with the wall products used to construct the walls on the project. After completion of the wall test segment the Tech Rep shall be available whenever there is any special field condition $uch as change of geological condition, when there are equipment or personnel changes, or when requested by the Engineer. 504.18 Facial Block Quality Control, Placing Plan and Daily Placement Logs. Before the start of each wall construction, the Contractor shall provide a block-placing plan and shall supply daily placement logs to the Engineer v'eekly and at the completion of the wall. The daily placement log shall consist of an elevation view of the wall showing the dates, number of blocks placed, and the lot numbers of the blocks placed. The block quality control shall contain multiple submittals if required by subsection 504.12(g). Blocks shall be labeled with the manufacturer's lot number for each pallet and corresponding certification with one set of random samples tested for each 6000 blocks. At least one certification with supporting test results is required for each wall. Test results shall be re iewed'and pre-approved by the Engineer before shipment. The Engineer may conduct separate tests with the sp red coupons from the original samples. Block testing shall be increased to one set of sampling for every 3000!blocks if the Engineer identifies substandard blocks or when block color or concrete mix changes. With the E gineer's approval, block sampling may be reduced to one set of sampling for every 12,000 blocks after the first ac4eptable sampling results. The blocks used for Engineer's verification purposes shall be a maximum of 0.5 percen of the total number of blocks. The Engineer will conduct block sampling as early as possible and acquire blocks regularly. However,when tests are not performed within 90 days of the sampling date,the blocks will be returned untested. The Contractor shall coordinate and mark the block and backfill placing sequence on the daily placement logs. The log serves as means for the Engineer to identify where each lot of blocks was placed. 504.19 Wa with Curved Alignments,Tight Curved Corners, and Sections Adjacent To Bridge Abutment. The Contra tor shall provide a placement plan that shows curved layouts, special block or saw cut block dimensions sequence of block placement, and construction off-sets as recommended by the manufacture. For tight curve corners, 8 foot radius or less, and dissimilar foundations such as bridge abutment, to avoid blocks with rando cracks,the Contractor shall install stack bond blocks with vertical slip joints as shown on the shop I 7 A hybrid system is one which combines elements of both externally and internally stabilized systems. An externally stabilized system uses a physical structure to hold the retained soil. The stabilizing forces of this system are mobilized either through the weight of a shape stable structure or through the restraints provided by the embedment of wall into the soil, if needed, plus the tieback forces of anchorages. An internally stabilized system involves reinforced soils to retain fills and sustain loads. Reinforcement may be added to either the selected fills as earth walls or to the retained earth directly to form a more coherent stable .slope. These reinforcements can either be layered reinforcements installed during the bottom-to-top construction of selected fills,or be driven piles or drilled caissons built into the retained soil.All this reinforcement must be oriented properly and extend beyond the potential failure mass. Hybrid MSE wall systems may be used unless otherwise noted on the plans. Hybrid MSE wall systems are subject to the same design requirements for MSE walls and this specification. The shop drawings for Hybrid MSE wall system shall include a combination anon of design calculations and appropriate ate test results to demonstrate that it meets or exceeds h t e block facing system. Each unit in the hybrid MSE wall system shall have a facing area of 3.5 square feet and be stabilized by a counterfoil. Hybrid MSE wall facing units shall be factory made with Class B Concrete with the following additional requirements: (1) Minimum Cementitious Material Content: 610 lb./cu. yd. (2) No more than 50 percent fine aggregate(AASHTO M6)by volume of total aggregate. (3) Ambient temperature shall be a minimum of 40° F and rising when casting. (4) Hybrid MSE wall facing shall be cured in accordance with AASHTO M170. The following Certifications, Calculations and Testing Reports in subsection 504.12(c), (e), (g), and(h)are not required for Hybrid MSE wall systems. The facing to soil reinforcement connection test, subsection 504.12(b), may be waived only if the soil reinforcing spacing is less than or equal to 8 inches or the facing is secured and stabilized by hybrid components with primary reinforcement spacing less than 24 inches. The Contractor shall provide the following additional reports, certifications and calculations to accompany the shop drawing submittal for Hybrid MSE wall systems: The Contractor shall submit the Block Faced MSE Wall Submittal Checklist, Form 1401, and the Panel Faced MSE Wall Submittal Checklist, Form 1402,with the Certifications, Calculations and Testing Report submittal package included with the shop drawing submittal. CONSTRUCTION REQUIREMENTS 504.15 Approval and Qualifications of MSE Wall Installer. The job site wall foreman shall have experience in construction of at least five transportation related MSE walls within the last three years.Transportation related MSE walls are walls that carry or are adjacent to vehicular traffic and are constructed with MSE reinforcement in the reinforced structure backfill zone. The foreman must have prior experience or adequate training on the products that the Contractor elects to use on the project. The resume and credentials of the foreman shall be submitted to the Engineer for approval prior to the pre-construction meeting. The foreman shall be on the site for 100 percent of the time during which the wall is being constructed. 504.16 Wall Test Segment. The wall test segment shall be the first segment of the wall constructed. The wall test segment shall be constructed in the presence of the Technical Representative and the Engineer and shall include construction of each of the 5 elements listed in subsection 504.17. The minimum length of the wall test segment shall be 40 feet or the full length of the wall if less than 40 feet. A wall test segment shall be constructed for the first wall constructed from each wall product used on the project. 504.17 Technical Representative of Wall Product Supplier. The Contractor shall arrange for a technical representative(Tech Rep)of the manufacturer of the wall products to be present during the construction of each wall test segment. If the wall products are supplied from different manufactures,a Tech Rep from each wall product shall be present. The Tech Rep shall be present for construction of the wall test segment and each of the following elements: (1) Placement of a minimum of the first two layers of primary soil reinforcement and backfill, 6 certiif ications using one of the following tests in accordance with ASTM C1262 using tap water or 3 percent saline solution and ASTM C1372 as appropriate: (1) test results for freeze and thaw durability shall be graphed and supplied with test data points every 50 4ycles up to 300 cycles to confirm that blocks with concrete additives alone can survive 150 cycles with *eight loss for each of 4 of the five samples not exceeding 1.0 percent of the initial weight in a tap water olution. (2) lest results for freeze and thaw durability shall be graphed and supplied with test data points every 25 Cycles up to 100 cycles to confirm that blocks with concrete additives alone can survive 60 cycles with *eight loss for each of 4 of the five samples not exceeding 1.0 percent of the initial weight in a 3 percent Saline solution. A prdject specific freeze and thaw durability test shall be required for walls meeting one of the following requi ements: (1) Projects with a total facing area greater than 6000 square feet, as calculated in subsection 504.25, item (1), or (2) Projects with any wall in front of or adjacent to bridge abutments and piers. Wall construction may begin when acceptable freeze and thaw durability test results of units made with the same material,concrete mix design, manufacturing process, and curing method, conducted not more than 12 months prior to delivery until the test results of the actual blocks used in the wall can be obtained and submjitted. The test results shall be submitted within one week of being recorded. The frequency of the freeze and thaw durability test shall be a minimum of one test every 6000 square foot of facing, as calculated in subsection 504.25, item (1). For walls not requiring a project specific freeze and thaw durability test,the Contractor shall submit a certifibation letter from the facing manufacturer. The certification letter shall include acceptable freeze and thaw durability test results conducted not more than 12 months prior to delivery, that meet the requirements of subsection 8 A or 8 B above. The Certification shall be for units made with the same material, concrete mix design, manufacturing process, and curing method. The Engineer shall be allowed access to the manufacturer's facilities and records to verify that the mix design used in the certified freeze and thaw durability test results is the same as the mix design used for the actual blocks used in the project. (i) Submittal Checklist. The Contractor shall submit the Block Faced MSE Wall Submittal Checklist, Form 1401, with the Certifications, Calculations and Testing Report submittal package included with the shop drawing submittal. 514.13 Conditions to Waive the Block-Reinforcement Connection Testing Reports. Unless otherwise noted on the plans the Contractor's Professional Engineer seal requirement for the Facial Block to Reinforcement Long- Term Connection Strength certified test report required by subsection 504.12(e)may be waived if the following conditions re met: (1) Every block shall be connected by friction with either a main or a secondary reinforcement starting at 2 inches maximum from the front face of block. (2) The sacing for main reinforcement is two blocks maximum or 16 inches, whichever is less. (3) The secondary reinforcement shall be applied in between the main reinforcement. The same grade of material as used for main reinforcement shall be used for the secondary reinforcement: however only a minimum of 36 inches total length measured from the face of block is required. (4) Aggr ate filled cells shall be filled with 1/4 inch aggregate. In lieu of aggregate filled cells,the cells in the top four b cks of the wall shall be doweled with steel or fiberglass bars and grouted with cement. Punched or poke holes through fabric reinforcement are allowed to accommodate grout and dowel bars. 504.14 Hy rid MSE Wall Systems. 5 (e) The Engineer shall be allowed access to the manufacturer's facilities to inspect and sample units from lots prior to delivery with a minimum 2 working days advance notice. The Engineer will reject any concrete blocks,which do not meet the requirements of this specification. The Contractor shall notify the Engineer in writing at least 3 working days before shipment of blocks begins. 504.12 Certifications, Calculations and Testing Reports. The Contractor shall provide the following reports, certifications,calculations and checklists as needed to accompany the shop drawing submittal. All engineering calculations, as stated in subsections 504.07(g)2, 504.07(j), 504.07(k), 504.12(e)and 504.12(f)shall be certified and stamped by a Professional Engineer licensed in the State of Colorado. (a) Certification of TuLT(MARV)or Ultimate Tensile Strength. For geo-synthetic reinforced systems only, the Contractor shall submit a certification letter from the manufacturer which provides the TuLT(MARV)and certifies that the TuLT (MARV)of the supplied materials have been determined in accordance with ASTM D4595 or ASTM D6637 as appropriate. For metallic wall reinforcement, a mill test report containing the ultimate tensile strength for the soil reinforcement shall be included in the certification. (b) Report Of The Block-Reinforcement Connection Test. The test report shall be prepared and certified by an independent laboratory. The block to reinforcement connection test method shall conform to the requirements of ASTM D6638 with a service state connection strength displacement criterion of 3/ inch or National Concrete Masonry Association (NCMA)Methods SRWU-1. (c) Report For Block-Block Connection Test. An independent laboratory shall prepare the test report. The block-to-block connection test method shall conform to the requirements of NCMA Methods SRWU-2. The service state connection strength displacement criterion shall be 3/ inch. (d) Report For Soil To Reinforcement Interface Pullout Test. The test report shall be prepared and certified by an independent laboratory. The soil to reinforcement interface pullout test method shall conform to the requirements of ASTM D6706. Tests shall include the full range of overburden pressures as defined by the wall design heights. (e) Certification of Facial Block To Reinforcement Long-Term Connection Strength. A certification shall be • provided with detailed calculations according to the latest AASHTO Standard Specification including Interim and independent laboratory test results performed in accordance with FHWA NHI-00-043,Appendix A3 to demonstrate that the facial block to reinforcement connection meets or exceeds the current AASHTO 75 year design life requirements. (f) Certification of Reinforcement Pullout. A certification shall be provided with detailed calculations to demonstrate that reinforcement pullouts meet or exceed the current AASHTO requirements. The metal reinforcement breakage and pullout calculations shall include a combination of 75 years of material depletion for carbon steel and galvanization loss. (g) Report and Certification for Concrete Block 28 Day Compression Strength and Water Absorption Rate. For the 28 day compressive strength test, either a full block or a saw cut coupon compressive test is acceptable to verify the 28-day concrete strength provided the sample allows the test to conform to ASTM C90. The sampling shall be done at manufacturer's casting yard and testing results shall be pre-approved before shipment. The Engineer will approve the sample selections for the coupon tests. Coupons shall be cut from the two sides or the back of block(not the front split face)with maximum two original concrete surfaces. The average compressive strength of three tests from three randomly selected blocks,with load applied in the bearing direction shall be equal to or greater than 4500 psi with the minimum of 4000 psi for individual tests in accordance with ASTM C90 and ASTM C140. For the water absorption rate test, a minimum of two coupons shall be prepared and marked for each block,one coupon for successfully conducting the supplier's tests and one spared for future Engineer's test. The spared coupons from the three tests shall be labeled and delivered to the Engineer with the certification. The minimum oven dry density of concrete coupons shall be 125 pcf with a maximum water absorption rate by weight of 6 percent as determined by ASTM C140. Coupons shall be cut from relatively the same location of each block and prepared with uniform workmanship. Each individual sample must test within 12 percent of the average of the three. (h) Efflorescence and Freeze and Thaw Test. The block shall be visually efflorescence free. Efflorescence control agent shall be used in concrete mix design. An independent laboratory shall provide reports and 4 of Section 601. Unless specified on the plans,the maximum vertical step shall be no greater than either 24 inches orlthree blocks, whichever is less. The leveling pad shall be reinforced only at the steps. When the toe of the wall in founded on a slope steeper than 1.5(H)to 1 (V),the leveling pad shall be constructed with reinforced concrete With same reinforcing schedule as at its steps. Leveling pad concrete shall be cured for at least 12 hours befpre placement of the concrete blocks. 504.10 G omembrane and Joints. A Geomembrane shall be installed on all walls at the top of the reinforced structure ackfill zone and retained structure backfill zone to intercept surface runoff and prevent salt penetration into the b ckfill of the wall as shown on the plans. The Geomembrane shall meet the requirements of subsection 712.08 fo geomembrane, and shall have a minimum thickness of 30 mils. It shall be spliced with a dual track field sea ed joint in accordance with ASTM D4437 or ASTM D7717. For small local coverage areas, less than 30 squar feet,the membrane may be spliced using a 6 inch minimum overlap and an adhesive or a single seam portable t ermal welding tool, as suggested by the membrane manufacturer and approved by the Engineer. Unless of erwise shown on the plans,the membrane shall have a minimum coverage length measured perpendic lar to the wall face of at least the wall Design Height(DH)plus Soil Reinforcement Length(RL)plus 1.5 feet. he membrane shall be installed with a slope between 20:1 (minimum)and 10:1 (maximum), as shown on the pla s,from the block facing to a drainage system located at the cut or pre-filled slope as shown on the plans. The drainage system shall consist of a 12 inch wide Geo-Composite strip drain inserted into a slot in the Geomembrane,at 10 foot maximum spacing,that collects the water from the membrane and conveys it to a water collector system at the toe of the 1:1 slope as shown on the plans. The water collector system shall consist of a 4 inch diameter perforated collector pipe surrounded by Filter Material Class B and wrapped with Class 3 Geotextile A 4 inch diameter non-perforated drain pipe, at 100 foot maximum spacing, shall be used to discharge the water in the water collector system out the face of the wall. Alternatives for the drainage system shown on the plans may be used by the Contractor. A detailed layout of this equivalentwater collection system shall be provided by the Contractor and approved by the Engineer. For tiered Walls, a Geomembrane shall be installed between the top of the bottom wall and the toe of the top wall as shown 4)n the plans. 504.11 Pr fabricated Concrete Facing Blocks. Concrete blocks including partial blocks shall conform to the requireme is shown on the plans and these specifications including the color,texture,and pattern. The Contractor shall provide certification that the results of tests performed in accordance with this subsection meet the require ents of the appropriate specification. (a) Cemantitious material shall meet the requirements of Section 701. (b) Aggregates used in concrete blocks shall conform to ASTM C33 for normal weight concrete aggregate. (c) The 28 day compression strength for concrete blocks shall be equal to or greater than 4500 psi. The quality of bloks shall be maintained such that the variations of the compression strengths are within 10 percent. The inimum oven dry unit weight shall be 125 pcf with a maximum water absorption rate by weight of 6 perce t. Testing shall be performed in accordance with ASTM C140. (d) All un s shall be sound and free from cracks or other defects that would interfere with proper placement of the u it,or impair the strength or permanence of the construction. Cracks, chips, or color blemishes will be cause for rejection. • Any a chitectural or graffiti resistant treatments shall meet the requirements shown on the plans. If archit:ctural coating is used and graffiti resistant treatments or water repellant sealer is required,the Contr.ctor shall provide the Engineer with four sample blocks for each different color and texture prior to begin ing wall construction. Water-resistant or repellant coatings shall conform to ASTM C1262. The p:rmissible variations in the exterior dimensions of the concrete blocks shall not differ more than plus or minus 1/8 inch, except the height of the block shall be within plus or minus 1/16 inch from the specified dimen.ions for an individual block. The minimum thickness of any walls or webs within the block shall be on avera•a 2.5 inches at the face and 1.5 inches and 2 inches at stem and back. The vertical edges, if applic.ble, shall be chamfered for splitting and precise dimensioning. 3 Products K Tensar 20% Fortrac, Miragrid, Strata, Synteen and Raugrid 24% (2) All products not listed above: Products K All geogrid or woven geotextile products meeting AASHTO Standard ° Specifications for Highway Bridges, 16th Edition 10/° Products not meeting AASHTO Standard Specifications for Highway Bridges, 16th Edition including Non-woven geotextile products 50/0 (h) Design Heights and Supplied Reinforcing Material. Unless otherwise defined on the plans,the wall design height shall be measured vertically from the top of the leveling pad to the top of the concrete rail anchoring slab for walls with railing, or to the top of the cast-in-place concrete coping for walls without railing. For walls that are in front of a bridge abutment that is founded on a deep foundation,the design height used to determine the soil reinforcement length shall be measured vertically from the top of the leveling pad to the top of the roadway carried by the bridge and the wall. Bridge approach slabs shall not be considered in the design of the MSE wall. For both geosynthetic and metallic reinforcement,the required reinforcement LTDS and the supplied LTDS (determined in accordance with the K factors or depletion of material as defined above)with corresponding brand and grade of material shall be marked clearly on the elevation view or in a tabulation summary. The LTDS of the supplied reinforcement grade must meet or exceed the required LTDS corresponding to the reinforcement spacing provided. (i) Tiered Walls. For the reinforcement layouts of tiered walls,the overall geometry,the reinforcement length and the sum of the LTDS provided from all layers in all tiers shall be in close conformity with the retaining wall system shown on the plans in order to ensure that local, global, and internal stability requirements have been met. (j) Obstructions. Details for the placement of soil reinforcement around obstructions(i.e. steel piles, concrete piers, concrete boxes, pipes, etc.)shall be shown on the shop drawings. Design calculations shall be provided showing that the internal stability of the wall meets the required safety factors in the area of the obstruction. (k) Table of Quantities. A table comparing the Structural Backfill(Class 1), Mechanical Reinforcement of Soil, Geomembrane, and Block Facing quantities shown on the plans to the quantities shown in the shop drawings and percent difference(positive percent indicates an increase in shop drawing quantities from the plans)shall be shown on the shop drawings. Structure Backfill(Class 1), Mechanical Reinforcement of Soil, Geomembrane, and Block Facing quantities shall be calculated in accordance with the Contract. The Contractor shall notify the Engineer of the difference in plan and shop drawing quantities before wall construction begins. (I) Placement Schedule. Geomembrane placement schedule and clearances to soil reinforcements shall be shown. (m) Vertical Slip Joints. Locations of stack bond blocks with vertical slip joints for differential settlement relief shall be as specified in subsection 504.19. 504.08 Backfill. Unless otherwise specified on the plans,wall backfill material in the reinforced structure backfill zone and the associated trapezoidal retained structure backfill zone shall conform to the requirements for Structure Backfill(Class 1)of Section 206. For reinforcement tensile stress and associated pullout, a friction angle of 34 degrees shall be assumed for Structure Backfill(Class 1). Structure Backfill(Class 1)shall be considered to be non-aggressive soil for corrosion and durability computations. All reinforcing elements shall be designed to ensure a minimum design life of 75 years for permanent structures. 504.09 Leveling Pad. Concrete for the leveling pad shall be Concrete(Class D)conforming to the requirements 2 Unless shown otherwise on the plans,the soil reinforcement lengths shall be as follows: Design Height(DH) Reinforcement Length Reinforcement Length (RL) Top Layer DH <-6'-0" 6'-0" 8'-0„ 6'-0" <DH <8'-0" DH 8'-0" DH >_8'-0" 0.7xDH 0.7xDH but not less than 8'-0" but not less than 8'-0" The reinforcement Lengths shown on the shop drawings shall be the reinforcement length required for internal stability and pull-out only, but they shall not be less than those shown in the table above. External Stab ity(bearing pressure, sliding and overturning)and global stability have already been considered and chec ed in the design. (f) Soil l?einforcement Spacing. 1. The first(bottom)layer of soil reinforcement shall be one or two times the block height, not to exceed 16 inches, above the top of the leveling pad. 2. The last(top)layer of soil reinforcement shall be no further than three times the block height, not to exceed 24 inches, below the top of the uppermost concrete block. 3. The vertical spacing between layers of adjacent soil reinforcement shall be less than four times the block height, not to exceed 32 inches. For walls deriving their connection capacity by friction the maximum vertical spacing of the reinforcement shall be limited to two times the block depth(front face to back face), not to exceed 24 inches, to assure construction and long-term stability. For tributary strength computations,the top row of reinforcement shall be one-half the vertical spacing immediately below the tqp of the wall. (g) Long (Term Design Strength(LTDS) of Reinforcement. 1. The design charts on the plans define the strengths required for the zone of mechanical reinforcement of sail. Based on the total summed LTDS,the reinforcement proposed by the shop drawings for a specific well height shall meet or exceed the total LTDS shown on the plans. This proposed reinforcement shall allow for a maximum of plus or minus 15 percent variation in each individual layer. 2. Metallic(Inextensible)Soil Reinforcement. The net section at the soil reinforcement to block connection shall be used for the sacrificial thickness calculation. The following minimum sacrificial thickness for reinforcement shall be applied to the 75 year LTDS calculations: Galvanization Loss 15 pm/year for first 2 years 4 pm/year for subsequent years Carbon steel loss 12 pm/year after zinc depletion 3. C. Geosynthetic(Extensible)Soil Reinforcement. Geosynthetic soil reinforcement shall be a geogrid or wdven geotextile. For polyester(PET), polypropylene(PP), and high-density polyethylene(HDPE) reinforcement,the LTDS of material shall be determined using the following K percentages to ensure the required design life. Unless otherwise specified, LTDS shall not exceed the following K percent of its ult mate tensile strength, TuLT(MARV), i.e. LTbS= K*TUFT(MARV) (1)I Geogrid reinforcement(HDPE, PET): February 3, 2011 REVISION OF SECTION 504 CONCRETE BLOCK FACING MSE WALL Section 504 of the Standard Specifications is hereby revised for this project to include the following: DESCRIPTION 504.06 This work consists of constructing a Concrete Block Facing Mechanically Stabilized Earth(MSE)Retaining Wall System at the locations and to the lines and grades shown on the plans. Either metallic or geosynthetic reinforcement(woven fabrics or geogrids)as specified in this specification may be used as MSE reinforcement in the reinforced structure backfill zone. The retained structure backfill zone is the structure backfill retained by the reinforced structure backfill zone as shown on the plans. MATERIALS 504.07 Shop Drawings. The Contractor shall submit six sets of shop drawings and certified material test reports for review prior to construction of the wall. See subsection 504.12 for a complete list of submittal requirements. Shop drawings shall be submitted in accordance with subsection 105.02. The shop drawings shall provide the details necessary to demonstrate compliance with the Contract, including: (a) Wall Layouts.Wall layouts shall conform to the lines and grades on the plans including start,corner, and end stations, leveling pad step breaks,total number of blocks and top and bottom of wall elevations. For walls with rail anchoring slabs,the top of block elevations or the cast in place leveling course shall be within 2 inches of the elevation shown on the plans measured from the bottom of the anchoring slab. The construction batter required to achieve the batter shown on the plans shall be shown on the shop drawings. If temporary walls are required for the construction of permanent walls,the permanent wall vendor shall provide the shop drawings and certified material test reports for temporary walls. (b) Block Reinforcement Locations. Unless otherwise shown on the plans, each layer of soil reinforcement shall be connected to the facial blocks.The block placement sequence, if other than bottom up and end to end of wall, shall be shown. The block to block reinforcement connections and the cut block limits at curved wall corners shall be shown. (c) Wall Elevations. Except for the top of the leveling pad,wall elevations given on the plans are based on an 8 inch nominal block height. The actual reinforcement elevations shall be marked on the shop drawings by taking into account the supplied block height, number of reinforced layers,thickness of soil reinforcing and shimming material, and,for curved corners,the interposing layers of reinforcement. (d) Soil Reinforcement Material.The soil reinforcement type, Minimum Average Roll Value of the Ultimate tensile strength,TuLr (MARV),for geosynthetic soil reinforcement or yield strength for metallic soil reinforcement, spacing, lengths, elevations, and the corresponding wall design height segments shall be shown on the shop drawings. The starting and ending stations for change in grade of reinforcement material shall be shown for walls with different grade of reinforcement material at the same elevation. Material grade shall be clearly identified on each roll of reinforcement to avoid errors in placement. Elevations of the reinforcement layers shall be as specified on the shop drawings. (e) Soil Reinforcement Length(RL). The soil reinforcement length shall be measured from the front face of the concrete block face to the end of the soil reinforcement as measured to the last cross member. Except for secondary reinforcement, soil reinforcement lengths shall not be less than the lengths specified on the plans. For wall segments with a Design Height(DH)greater than or equal to 8 feet,the soil reinforcement shall be the same length from top to bottom of the wall. For wall segments with a Design Height(DH)less than 8 feet,the length of the top layer of soil reinforcement shall be 8 feet and all other layers of soil reinforcement shall be the same length from top to bottom of the wall. May 5, 2011 REVISION OF SECTIONS 412, 601, AND 711 LIQUID MEMBRANE-FORMING COMPOUNDS FOR CURING CONCRETE Sections 412, 601 and 711 of the Standard Specifications are hereby revised for this project as follows: In subsection 412.14,first paragraph, delete the second sentence and replace with the following: The impervious membrane curing compound shall meet the requirements of ASTM C 309, Type 2 and shall be volatile organic content(VOC)compliant. In subsection 601.13(b),first paragraph, delete the second sentence and replace with the following: A volatile organic content(VOC)compliant curing compound conforming to ASTM C 309, Type 2 shall be used on surfaces Where curing compound is allowed, except that Type 1 curing compound shall be used on exposed aggregate or colored concrete, or when directed by the Engineer. In subsection 601.16(a) 1., delete the first sentence and replace with the following: 1. Membrane Forming Curing Compound Method.A volatile organic content(VOC)compliant curing compound conforming to ASTM C 309, Type 2 shall be uniformly applied to the surface of the deck, curbs and sidewalks at the rate of 1 gallon per 100 square feet. Delete subsection 711.01 and replace with the following: 711.01 Cuing Materials. Curing materials shall conform to the following requirements: Burlap Cloth made from Jute or Kenaf AASHTO M 182 Liquid Membrane-Forming Compounds for Curing Concrete ASTM C 309 Sheet Materials for Curing Concrete AASHTO M 171* "Only the performance requirements of AASHTO M171 shall apply. Straw use for curing shall consist of threshed straw of oats, barley,wheat, or rye. Clean field or marsh hay may be substituted for straw when approved by the Engineer. Old dry straw or hay which breaks readily in the spreading rocess will not be accepted. February 3, 2011 REVISION OF SECTION 412 PORTLAND CEMENT CONCRETE PAVEMENT FINISHING Section 412 of the Standard Specifications is hereby revised for this project as follows: Delete subsection 412.12(a)and replace it with the following: (a) Hand Finishing. Hand finishing should be minimized wherever possible.The Engineer shall be notified prior to hand finishing work and the proposed hand finished work shall be addressed in the Quality Control Plan for concrete finishing. Unless otherwise specified, hand finishing methods will be permitted only under the following conditions. Hand finished concrete shall be struck off and screeded with a portable screed that is at least 2 feet longer than the maximum width of the slab to be struck off. It shall be sufficiently rigid to retain its shape. Concrete shall be thoroughly consolidated by hand vibrators. Hand finishing shall not be allowed after concrete has been in-place for more than 30 minutes or when initial set has begun unless otherwise approved by the Engineer. Finishing tools made of aluminum shall not be used. The Contractor shall provide a Quality Control Plan(QCP)to ensure that proper hand finishing is accomplished in accordance with current Industry standards in the concrete pavement placement. It shall also identify the Contractor's method for ensuring that the provisions of the QCP are met.The QCP shall be submitted to the Engineer at the Preconstruction Conference. Paving operations shall not begin until the Engineer has approved the QCP.The QCP shall identify and address issues affecting the quality of finished concrete pavement including but not limited to: (1) Timing of hand finishing operations (2) Methodology to place and transport concrete (3) Equipment and tools to be utilized (4) Qualifications and training of finishers and supervisors When the Engineer determines that any element of the approved QCP is not being implemented or that hand finished concrete is unacceptable',work shall be suspended. The Contractor shall supply a written plan to address improperly placed material and how to remedy future hand finishing failures and bring the work into compliance with the QCP.The Engineer will review the plan for acceptability prior to authorizing the resumption of operations. April 26, 2012 AG, REVISION OF SECTION 401 COMPACTION OF HOT MIX ASPHALT Section 4101 of the Standard Specifications is hereby revised for this project as follows: In subsedtion 401.17, delete the first paragraph and replace with the following: 401.17 Compaction.The hot mix asphalt shall be compacted by rolling. Both steel wheel and pneumatic tire rollers will be required. The number,weight, and type of rollers furnished shall be sufficient to obtain the required density while the mixture is in a workable condition.Compaction shall begin immediately after the mixture is placed and be continuous until the required density is obtained. When the mixture contains unmodified asphalt cement(iG 58-28 or PG 64-22)or modified(PG 58-34), and the surface temperature falls below 185 °F,further compacti n effort shall not be applied unless approved, provided the Contractor can demonstrate that there is no damage t the finished mat. If the mixture contains modified asphalt cement(PG 76.28, PG 70-28 or PG 64-28) and the s rface temperature falls below 230 °F, further compaction effort shall not be applied unless approved, provided tjie Contractor can demonstrate that there is no damage to the finished mat. Warm Mid Asphalt compaction requirements shall conform to CP 59. In subsection 401.17, delete the third paragraph and replace with the following: SMA shall be compacted to a density of 93 to 97 percent of the daily theoretical maximum specific gravity, determinejd according to CP 51.All other HMA shall be compacted to a density of 92 to 96 percent of the daily theoretical maximum specific gravity, determined according to CP 51. If more than one theoretical maximum specific gravity test is taken in a day,the average of the theoretical maximum specific gravity results will be used. to determi-re the percent compaction. Field density determinations will be made in accordance with CP 44 or 81. In subsection 401.17, second to last paragraph, delete the first sentence and replace with the following: After prodjction paving work has begun, a new Roller Pattern shall be demonstrated when a change in the compactioh process is implemented. January 31,2013 4 REVISION OF SECTION 213 MULCHING Product shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. Foot traffic, mechanical traffic or grazing shall not be permitted on treated areas until vegetated. Treated areas damaged due to circumstances beyond Contractor's control shall be repaired or re-applied as ordered. Payment for corrective work,when ordered, shall be at contract rates. In subsection 213.04, delete the first paragraph and replace with the following: The quantity of hay and straw mulch,wood chip mulch,wood fiber and, spray-on mulch tackifier, bonded fiber matrix and tackifier will not be measured but shall be the quantity designated in the Contract, except that measurements will be made for revisions requested by the Engineer, or for discrepancies of plus or minus five percent of the total quantity designated in the Contract. Measurement for acres will be by slope distances. In subsection 213.04, delete the fourth paragraph and replace with the following: Spray-on Mulch Blanket and Bonded Fiber Matrix will be measured by the acre or by the actual pounds of product applied, as shown on the plans. The area will be calculated on the basis of actual or computed slope measurements.The Contractor shall verify prior to application,weight of spray on mulch blanket and bonded fiber matrix bags for certification of materials and application rate. Subsection 213.05 shall include the following: Payment will be made under: Pay Item Pay Unit Bonded Fiber Matrix Acre Bonded Fiber Matrix Pound Spray on Mulch Blanket Pound Payment for spray-on mulch blanket and bonded fiber matrix will be full compensation for all work and materials necessary to complete this item. January 31,2013 3 REVISION OF SECTION 213 MULCHING blan et that promotes vegetation and prevents soil erosion.The BFM shall be 100 percent biodegradable. The Tinder in the BFM should also be biodegradable. Biodegradable BFMs should not be applied immediately befo -, during, or immediately after rainfall if the soil is saturated. BFM shall conform to the following requi ements: Property Requirement Test Method Gro i d Cover(%) ., 95 ,,-ASTM 5561 Y Bio •egradability(%) � 100 �, TM 5338 ASTM 5338 FU''. 'e bnal Longevity"'(months) 9 month minimum :4? Cure ime(hours) 24-48 Cros' linked fackifier' 10%=minimui Application Appy ation Rate(lbs./Acre) 3000 The fibers shall not contain lead paint, printing ink,varnish, petroleum products, seed germination inhibitors, or chlorine bleach. Fiber shall not be produced from sawdust, cardboard, paper, or paper by-products. In subsection 213.03(b)2, delete the second paragraph and replace with the following: Application Rate:Apply this as an overspray at the following rate or as approved by the Engineer. Powder Fiber Water 200 lbs./Apre 300 lbs./Acre 2000 gal./Acre In subsection 213.03, delete(f)and replace with the following: (f) Sprayion Mulch Blanket. Spray-on Mulch Blanket shall strictly comply with the Manufacturer's mixing recommendations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifiers, extended-term dyes and bio nutrients will be permitted. Apply Spray-on mulch blanket in a uniform application using a minimum 22 degree arc type nozzle.Apply hydro slurry in two direction(from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers). Hydrornulching vessel shall be filled with water to at least 1/3 capacity (high enough to cover agitators) prior to adding any material. Continue to fill vessel with water and slowly add the fibers while agitators are in motionL Run agitators at% speed. Continue to mix tank a minimum of 10 minutes prior to application. Co-pol mer shall not be used use in channels, swales, or other areas where concentrated flows are anticipated and should not be used on saturated soils that have groundwater seeps. ) Subsection 213.03 shall include the following: (g) Bonde Fiber Matrices(BFM). Bonded fiber matrices shall strictly comply with the Manufacturer's mixing recom endations and installation instructions. No chemical additives with the exception of fertilizer, soil pH modifi s,extended-term dyes and bio stimulant materials shall be permitted. BFM shall be applied in a uniform application using a minimum 22 degree arc type nozzle. Apply BFM in two direction(from top of slope down and from toe of the slope up, as well as, be applied at a minimum of two layers. Biodegradable BFMs should not be applied immediately before, during, or immediately after rainfall if the soil is satur ted. January 31,2013 2 REVISION OF SECTION 213 MULCHING Properties Requirement Test Method Organic Fibers 71%Min. ;_ ASTM D 2974 Cross linked Tackifiers 10%+/-2%Min. Reinforcing Interlocking Fibers 10%14-j%Min. Biodegradability 100% ASTM D 5338 Ground Cover @Application 90%°"Mm ASTM D 6567-' Rate Functional Longevity 12 Months Min. Cure Time <8 hours Application Application Rate 3,000 lb./acre The organic fiber shall not contain lead paint, printing ink,varnish, petroleum products, seed germination inhibitors, or chlorine bleach.The organic fibers and reinforcing interlocking fibers cannot be produced from sawdust, cardboard, paper, or paper by-products. (2) Spray-on Mulch Blanket(Type 2)shall be a hydraulically applied matrix pre-packaged in 50 pound bags containing both a soil and fiber stabilizing compound and thermally processed wood fiber. The sterilized weed-free wood fiber mulch shall be manufactured through a thermo-mechanical defibrating process containing a specific range of fiber lengths averaging 0.25 inches or longer. Mulch Blanket(Type 2)shall meet the following requirements: Property Requirement Test Method Fiber Retention On 28-Mesh Screen >40% Tyler Ro-Tap Method Moisture Content 12%±2% Total Air Dry Weight Basis Organic Matter 99.2%±0.2% Oven Dry Weight Basis Ash Content 0.8%±0.2% Oven Dry Weight Basis pH At 3%Consistency In Water 4,5-7.0±0.5% Sterilized Weed-Free Yes Non-Toxic To Plant Or Animal Life Yes The soil and fiber stabilizing compound shall be composed of linear anionic copolymers of acrylamide pre-packed within the bag having a minimum content of 1.0 percent. The compound shall conform to the following: Property Requirement Molecular Weight >12x106 Charge Density >25% Non-Toxic To Plant Or Animal Life Yes (b) Bonded Fiber Matrices(8FM). BFM shall consist of hydraulically-applied matrix with a minimum of 70 percent non-toxic thermally processed or refined long strand organic fibers and water soluble tackifier to provide erosion control and designed to be functional for a minimum of 9 months. BFMs form an erosion-resistant Michael W.West Geological.Geotechnical,and 2 Inverness Drive East,Suite 106 &Associates,Inc. Mountainous Terrain Engineering Englewood,CO 80112-5508 Consulting Engineers (720)529-5300 And Geologists Fa,c(720)529-5335 Toll Free(877)318-2499 E-Mail:mwest@nt-west-assoc.com www.m-west-assoc.com October 19,2011 Mr. Kent Kriehn,P.E. Alpine Engineering,Inc. P.O. Box 97 Edwards,CO 81620 SUBJECT: Geotechnical Services for ECO Trails Phases 1 and 2,Avon to Eagle- Vail,Colorado. MWW&AI Project No 111014. i t< Dear Mr.Kriehn: At �.� ,.' Michael W. West&Associates, Inc,� (lV1WW&AI)is pleased to.present this � :z vv • `� report describing the results of our geotechnrcal investigation, stability analyses, .�� ���`" , and recommendations for construction of Eagle County Trails Project (Phases 1 and 2) between Avon and Eagle-Vail, Colorado. The analyses and recommendations contained herein are relevant to the`"retailing walls along the trail as shown on the"ECO Regional Trail,Avon to Eagle-Vail;Phase 1" and"Phase 2" Wall Plan and Profile sheets by AlpineEngmeerm,along'with Wall cross sections. The Phase 1 Plan and Profile sheets were last modified on October 5,2011, and the Phase 2 sheets were kit modified July 14,2011. Analyses and recommendations for the bridge structures over the Eagle River and Beaver Creek will be presented in a future report,as plans have not.been finalized for this part of the project. This report presents (1) Objectives and Scope; (2) Project Description; (3) Geologic Setting, (4) Site,Investigation; (5) Site Investigations by Others; (6) Subsurface Conditions; — Retaining Wall Stability Analyses and Reco?mmendations, (8)Bridge Foundation Recommendations—to be presented in a future r e'ort• and (9) General Information. Laboratory results are summarized in the table attached to this report. Figures 1 and 2 depict test hole locations as well as locations of cross-sections selected for analysis. Logs of test holes are included as Figures 3 and 4 =,nThe laboratory test result data is included in Appendix I. Cross sections for analyses and Stability analyses results are included in Appendix II. MWW&AI issued a separate report related to this project on October 18, 2011 titled "Retaining Wall Alternative Evaluation." The report that follows is prepared based on the recommendations and alternatives selected in our October 18,2011 report. Mr.Kent Kriehn October 19,2011 Page 2 1.0 OBJECTIVES AND SCOPE We present site observations and the results of our subsurface investigation and global stability analyses relevant to the proposed project retaining walls (Phases 1 and 2). We expect to present geotechnical recommendations related to proposed bridges at Eagle River(Phase 3)and Beaver Creek(included in Phase 1) in a future report. The scope of work for Phases 1 and 2 included: 1. Site visits and review of available information, including available geologic mapping and geotechnical investigations performed by others in the area. 2. A field geotechnical investigation with borings located.in the vicinity of proposed bridge abutments and retaining walls,augmented by available boring information from previous projects by others 3. Laboratory testing to determine properties Of soils and bedrock materials encountered,and to aid in assignment of strength properties for analysis and design. 4. Global stability analyses of selected cross sections, typically involving proposed retaining walls and existing slopes,_including existing Highway 6 embankment or natural slopes between Highway 6 and the Eagle River. 5. Development of recommendations for retaining wall design, including footing d epth, minimum reinfo rcement length; (for MSE walls), and pertinent wall details, including edits of the CDOT Standard Special Provision 504 for Block Faced MSE,Walls 6. Provide recommendations for bridge foundations and abutments at the Eagle River and Beaver Creek bridges—to be presented in a future report. 2.0 PROJECT AND SITE DESCRIPTION The Eagle County Trails (ECO Trails)Project described by this report is to be completed in 3 Phases. Phase 1 generally extends from Avon east along the north side of Highway 76, and south of the Eagle River to the intersection of Highway 6 and Stone Creek Drive. Phase 1 also includes a bridge crossing over Beaver Creek. Phase 2extends east of Stone Creek Drive to the project terminus in Eagle-Vail in the'vicinity of the US 6/1-70 Interchange. Phase 3 consists of a bridge over the Eagle River in Avon, immediately adjacent to and east of the existing Highway Bridge. The trail alignment is generally along the north side of Highway 6, and traverses relatively steep highway embankment or natural slopes between Highway 6 and the Eagle River through significant portions of the alignment. The relatively steep existing slopes and desire to restrict construction to the current Highway Right of Way (ROW) means that a significant length of retaining wall will be required to construct this trail. Project No. 111014 Mr.Kent Kriehn October 19,2011 Page 3 In general, our observations suggest that existing embankment and natural slopes north of Highway 6 and above the Eagle River are performing reasonably well. No indications of slope instability were observed at the locations of proposed retaining walls. In general, these slopes are well vegetated (for this environment). In addition,no discernable embankment settlement was apparent. BIock-faced MSE walls, in general accordance with CDOT Standard Special Provision 504 (SP 504) are preferred alternative for the Phase 1 and Phase 2 retaining walls. The steep slopes typically present immediately downhill of these walls means that global stability must be checked for representative wall geometries. As addressed in our October 18, 2011 report, some reaches of Phase 2 include "Double Walls," that is, reaches of the project whire-a new wall must be constructed in front of and downhill of an existing block faced MSE wall: • Phase 2—Stations 15+25 to 16+75(150 linear feet),'and • Phase 2--Stations 18+65 to 21+25(266 linear feet) Our October 18 report recommended a micropile;supported block wall with lightweight fill for the double wall sections Alpine's plans indicate excavation for a conventional MSE wall may encroach into the existing highway in some sections as identified below. The following sections may or may not require special techniques, depending on the actual temporary excavation slope selected by the contractor. The approach to these "non-double wall" sections recommended'in—.our October 18 report is to require the contractor 4.9,,..,,..provide temporary shoring as needed to avoid encroachment. Alternately, a Shored MSE wall (SMSE wall) in accordance with FHWA Publication No FHWA-CFL/TD-06-001 may be considered: • .;Phase 1—Stations 2+10 to 6+70(460 linear feet), • ` Phase 1 Stations 17+85 to 20+60(275 linear feet), • Phase 1—Stations 27+75`to 29+70(195 linear feet), • `Phase 2—Stations 21+25 to 25+50(425 linear feet),and • Phase 2—Stations 27+40 to 28+60(120 linear feet). 3.0 GEOLOGIC SETTING 3.1 Bedrock Stratigraphy and Structure The geology of the project area is complicated by its location in a dynamic river valley, along with the presence of evaporite deposits and associated solution activity, which can cause high geologic variability from one boring to the next. Published geologic mapping by Tweto and others (1988) depicts bedrock of the Eagle Valley Evaporite directly underlying the majority of the proposed trail alignment. The Eagle Valley Formation is mapped on the slopes to the north on the Project No. 111014 Mr. Kent Kriehn October 19,2011 Page 4 opposite side of the valley and may underlie the site in some places. The Minturn and Belden Formations are mapped upslope to the south and near the east end of the proposed trail alignment,and may also underlie the proposed trail in places. The Eagle Valley Evaporite (Pennsylvanian) is comprised of gypsum, anhydrite, and interbedded siltstone and minor dolomite (Tweto and others, 1988). Evaporite deposits contain soluble minerals and are generally relatively soft,poorly covered with vegetation, and prone to erosion(White and Greenman, 2008). This unit intertongues with the Minturn,Belden and Maroon Formations and grades into the fine-grained clastic rocks of the Eagle Valley Formation. The Eagle Valley Evaporite forms diapirs in many locations and the thickness is difficult to determine. Overlying the ev orite deposits is the ap epo Eagle Valley Formation (Pennsylvanian), which is comprised of gray to reddish-gray siltstone, shale, sandstone, and carbonate rocks, with local lenses of gypsum (Tweto and others, 1988). This unit is transitional between purely evapontic rocks.'of the Eagle Valley Evaporite and coarse clastic rocks of the Minturn"and Belden'Formations. The Mintum Formation is generally comprised of gray,pale-yellow, anded sandstone, grit,conglomerate,and shale,with scattered beds and reefs of carbonate rocks. The Belden Formation is generally dark-gray to black shale, carbonate rocks, and sandstone. Several faults are also mapped on the slopes�r to the south and to the northeast of the project (Tweto and others, 1988). There is also a fault concealed by river gravels mapped along the valley bottom located at closest approach approximately 1 mile east of the east end of the proposed trail. 3.2 Surficial Deposits Tweto and others (1988) show unconsolidated Pleistocene-age gravels, including stream, terrace, and outwash gravel deposits, in the valley bottom along the Eagle River and the proposed trail alignment. These gravels have an unknown thickness and overlie bedrock for'the length of the trail alignment. Personal experience indicates that these deposits also contain cobbles and large boulders. Landslide deposits are mapped on the north-facing slopes of the valley to the southeast, and smaller un=mapped landslide bodies are likely (Tweto and others, 1988). Landslide deposits are characterized by large slump blocks of basalt irregularly veneered with young glacial drift and may include mudflow and talus deposits(Tweto and others, 1988). • 4.0 GEOTECHNICAL INVESTIGATION 4.1 Subsurface Exploration We designed our drilling program to generally define bedrock, overburden soils, and ground water conditions at or near proposed bridge locations, near high points in the MSE wall and near locations where a steep slope was present. Project No.111014 Mr. Kent Kriehn October 19,2011 Page 5 Continuous auger samples, penetration resistance tests and sampling of soil and rock materials aided in the areal and subsurface characterization of geologic and geotechnical conditions at the site. Drill logs for the following borings are provided in Appendix I: • Boring 1 located at the South Abutment of the Proposed Eagle River Bridge;previous boring from CDOT files used for North Abutment. • Boring 2 located at the Beaver Creek crossing. • Borings 3, 4, 5, and 7 located at selected retaining wall/slope cross- sections along the trail alignment for Phase 1 = , • Borings 8, 10 and 11 located at selected retaining wall/slope cross- sections along the trail alignment for Phase 2, augmented by additional borings from CDOT files for the 170/US 6 interchange. Several issues were encountered during execution of this plan. Other than rd. Borings 1 and 2, all borings were planned along the outer(northern) edge of the existing US 6 corridor, on the paved shoulder:of the highway and adjacent to the existing guard rail, typically. Retaining wall locations are typically'further "out" on the slopes, to the north, but these locations were expected to be (and generally are) reasonable locations to investigate ground conditions for global stability analyses of the retaining walls. However, numerous utilities are present along this shoulder that typically conflicted with these r boring Ancations. Our drilling contractor was able to use vacuum-„extraction methods, at some additional (unplanned) cost, to,penetrate the utility zone, and thus Borings 3, 4, 5, and 7 were accomplished Boring 6 was;=not drilled,'Eas utility conflicts were severe at this location, and the proposed retaining wall location is at considerable distance from any accessible location(near the*of the highway embankment) - we judged the benefit/cost(as well as benefit/risk)ratio to be poor for this boring. Borings 8, 1 0 and 1'1 are in Phase 2 and are located in an area currently occupied b an XCELiEner s Pi p �, �Y �4 gy gas-pipeline project. Despite our CDOT permit, we had difficulty accessing these boring locations. We eliminated Boring 9 due to project constraints and because Boring EV-11 drilled by Yeh(April 27,2001)was located in close proximity to the proposed boring location. We have accessµto CDOT's files for the I-70/US 6 Interchange, and have inspected the existing slopes and embankment in this area. We used data from these files in lieu of drilling Borings 6 and 9. Logs of Borings 1 through 5, 7, 8, 10,and 11 are provided as Figures 3 and 4. Borings were advanced using a variety of methods including: • Vacuum extraction through the utility zone(as described above), • Auger drilling(either hollow stem or solid auger)through fills, • ODEX (a down-hole hammer system) for penetrating dense or hard cobbles and boulder deposits,as well as bedrock in some cases,and • Rock coring for bedrock samples. Project No.111014 Mr.Kent Kriehn October 19,2011 Page 6 Drive samples of subsurface materials were generally obtained at approximate 5-foot intervals in each boring. However, the initial sample was deeper than 5 feet in the borings that were started using vacuum extraction. Samples were obtained using a 2-inch inside diameter California-type sampler or a standard Split Barrel sampler. The sampler was driven with a 140-pound hammer falling a vertical distance of 30 inches. The number of blows required to advance the sampler 12 inches was recorded as the penetration resistance value or N value. Sampling was done in general accordance with the Standard Penetration Test(SPT) described by ASTM D1586. Penetration resistance values p%vide an indication of the relative density of granular soils or consistency of fine-grained soils. Depths at which the samples were obtained and the penetration resistance values are shown on the drill logs(Appendix I). 4.2 Laboratory Analysis The laboratory testing program was conducted to confirm visual field classifications and to provide specific data on the physical, index and engineering properties for the subsurface materials encountered during our field investigation. Seven samples were sent to Advanced Terra Testing laboratory for analysis. The samples were classified in accordance with ASTM D2487, Classification of Soils for Engineering Purposes, which is based on the Unified Soil Classification System. Laboratory testing performed for this study includes natural moisture content, dry density, Atterberg Limits, and gradation. Laboratory test results are summarized on Table 1 attached to this report. Laboratory data sheets are included as Appendix II. 5.0 SITE INVESTIGATIONS FROM CDOT FILES 5.1 Eagle River Bridge We have reviewed two sheets of drawings by Ground Engineering Consultants,Inc (Ground)with a revised date of February 23, 1991 for the existing CDOT Highway Bridge over the Eagle River. Plans provided by CDOT include subsurface data obtained from Test Holes 1,2,5, and 6(geological characterization and laboratory data). According to the sheets provided us,Ground encountered fill and/or native gravel overlying sandstone and siltstone bedrock. Fill was generally around 5 to 15 feet thick and native gravel was typically around 10 to 20 feet thick. Bedrock was encountered at around 20 to 30 feet below ground surface. Groundwater was encountered at around 30 feet below the ground surface in boring 5. Project No.111014 Mr.Kent Kriehn October 19,2011 Page 7 5.2 I-70/US 6 Interchange Yeh & Associates, Inc. (Yeh) presented results of a geotechnical investigation of existing fill embankments in and around the I-70/US 6 Interchange in a report dated April 27, 2001. Yeh conducted field reconnaissance and exploratory drilling for this investigation, which consisted of nine exploratory borings and five soil survey borings. In general, the subsurface conditions encountered were native material or fill overlying bedrock. The native material was comprised of alluvium and glacial drift, described as medium-dense to dense gravelly sand with silt, clay, cobbles, and boulders. Yeh divided the fill material into two types: (Fill 1) sandy silt with cobbles and gravels,,extending to a depth of around 9 feet, loosely placed and most likely originating from construction of adjacent structures; and (Fill 2) loose to medium dense gravelly silty and clayey sand with some cobbles and boulders, making up'the embankments and bridge approach area along I-70. The bedrock was-lidentified as Mmturn Formation, sandstone with interbedded shale and limestone. Yeh encountered iroundwater at 2.9 feet in one of their borings and attributed~this shallow water level to surface runoff and snowmelt from I-70. ' • 6.0 SUBSURFACE CONDITIONS Based on site observations, subsurface investigations performed by us and others, and review of available documents, we 'describe the materials and conditions encountered at the site as follows: Existing Embankment Fill: All mne of our borings encountered existing embankment fill,which**associate with past highway construction. Although we divide the fill into`two Types, these designations are'not to be associated with the two.types identified by Yeh(April 27,2001): • The first type was encountered in all nine borings and was identified as blown, dark,brown or reddish-brown clayey sand with gravel, low plasticity,medium dense,and slightly moist to moist.•• Four of;the nine borings (TH-1, TH-3, TH4, and TH-5) exhibited a second type of fill underlying the first. The second type was characterized by brown to dark brown sandy clay or sandy silt with gravel, low to medium plasticity, medium dense, and slightly moist to moist. Evaluation of fill density against past or present specifications was beyond the scope of this report; however, penetration resistance and measured densities, along with general observation of fill and embankment performance suggest adequate density and strength. Project No.111014 Mr.Kent Kriehn October 19,2011 Page 8 Alluvial Deposits: Alluvial deposits were encountered in the borings below the embankment fill. In the borings where bedrock was encountered (TH-1 to TH-5), the alluvium varied from 7 to 49 feet thick. The alluvial deposits were generally comprised of sand and gravel with intervals where cobbles and boulders were common. This material was characterized as brown, yellowish-brown, reddish- brown, or tan-brown sandy gravel or gravelly sand with clay, with interbedded sandy clay, and slightly moist to moist where above groundwater. Sections of cobble- and boulder-sized river rock (mainly crystalline) in a clay, silt and sand matrix were encountered in TH-1 and TH-2, and comprised the base of the riverine gravel deposits, directly overlying the top of bedrock. Cobble and boulder sections were also encountered in TH-7 below the fill and at intervals in TH-8, TH-10,and TH-11. These deposits also likely include colluvium,glacial outwash,and possible debris fan or mudflow deposits. Relatively thin, 3- to 5-foot thick, organic-rich layers were encountered in TH-1 and TH-3 within the alluvial deposits at a depth of 20 feet in both. These layers were generally comprised of very dark brown silty clay with,trace sand, subrounded pebbles, mica, rootlets, and pieces of bark. These fine-grained, organic-rich layers may represent low energy alluvial deposition, or perhaps a past ground surface. Given the age of the embankments and the absence of distress in their current state, we do not expect these thin organic layers to have a significant impact on retaining wall stability. Fine-grained deposit: TH-3 encountered.a thick layer of wet, soft, clay to silty clay at around 30 to 59 feet depth. The seetion was interbedded with light brown to tan colored fine grained sand layers and angular fragments of dark gray claystone and light gray sandstone (measuring) inch)'were also noted. The presence of angular claystone and sandstone fragments suggests this section is comprised of colluvium or debris fan deposits, at least in part. This soft clayey layer was not encountered in TH-2"°(located approximately 200 feet to the northwest) or TH-4 (located approximately 180 feet to the east). A definitive geologic explanation for this layer cannot be given at this time With regard to Deposition,the borings at this western end of the alignment are in locations affected by the Eagle River, Beaver Creek and the upper slopes of the valley. It is likely this layer is any combination of: (1)alluvium deposited in a low- energy environment, like backwater eddies or beaver ponds; (2) a debris fan deposit; (3) a mudflow deposit; or (4) infilling of a void created by dissolution of soluble minerals in the Eagle Valley Evaporite. Due to the number of locations in the Eagle-Vail area that have reported cases of collapsible soils in areas where the Eagle Valley Evaporite is present (White and Greenman, 2008), the depth of the deposit below the current stream level,and the fact that the borings to either side of TH-3 did not encounter the soft, fine-grained deposit, sediment-infilling of a dissolution void may be a reasonable explanation. Project No. 111014 Mr.Kent Kriehn October 19,2011 Page 9 The condition is interesting from a geologic perspective,but given its depth, the fact that the existing highway embankment has performed well at this location, and the scope of proposed construction, we do not expect this condition to significantly impact retaining wall stability. Because this clay-rich layer is a possible infill zone and collapse-prone evaporite deposits may be present, some settlement could be experienced along the trail alignment at this location. Bedrock: Bedrock was encountered in TH-1 through TH-5 at depths ranging from 17 to 49 feet below the ground surface. An upper weathered section, ranging from around 3- to 14-feet thick and comprised of claystone, siltstone and sandstone bedrock interbedded with clay, silt and sand, was encountered``in TH-1, TH-2, TH- 4, and TH-5. Relatively unweathered bedrock includedclaystone, siltstone and sandstone. Bedrock encountered is likely the Eagle Valley Formation. Groundwater: The Eagle River is located,-nearby to the north of the trail alignment, thus shallow groundwater conditions can be expected.at the site Groundwater was encountered during drilling as indicated on the boring logs (Appendix 1). Groundwater was encountered iii five oftie nine test hales at depths varying from 20 to 40 feet beneath existing ground surface. The elevation of the groundwater encountered in these borings appears to be generally associated with the water level in the nearby Eagle River >,The reader should note that these borings were drilled in late July or early August in a highrun oft xyear— water in the river was still relatively high at the time of drilling.' Groundwater levels can and do fluctuate with season, precipitation, runoff, and water levels in nearby bodies of water. 7.0 RETAINING WALL STABILITY AND RECOMMENDATIONS Slope stability analysis, including global stability of retaining walls is a means of assessing the relative stability of a slope and increases our understanding of the factors that contribute to stability or instability of a slope. All stability analyses require certain basic data that must either be gathered in the field or be assumed by the analyst:These data include: (1)a topographic cross section(study section) representative of the subject slope; (2) material properties including the shear strength of representative soil and bedrock materials(typically stated in terms of cohesion and angle of internal friction); (3) depth to the phreatic surface and fluctuations of that surface with time, and; (4) geometry o the failure surface or assumption of a standard geometry (i.e. circular or non-circular). A prudent and meaningful slope stability model must consider all of these factors and the uncertainties inherent in each. For our analysis we used UTEXAS4, a two-dimensional limit equilibrium modeling software developed at the University of Texas. We used soil index property data from our lab testing, along with our experience in the area, to Project No.111014 Mr.Kent Kriehn October 19,2011 Page 10 estimate soil and bedrock (as applicable) strength properties for analysis. We developed subsurface geometry from test borings, published mapping, and interpretive input based on our understanding of site geologic conditions. Regarding the alluvial material, we did not model the cobble and boulder layers encountered in a number of the borings. These layers are by nature discontinuous and likely form lenses rather layers. It is a conservative approach to exclude the cobble and boulders, which generally have higher shear strength than the finer- grained soils. We used circular failure surfaces for these analyses. A total of 4 cross-sections were selected for analysis, as indicated on Figures 1 and 2. Representative locations along the trail.alignment where the proposed wall was highest and/or had high or steep slopes were used as the most critical cross-sections for analysis. The representative cross-sections can be applied to other locations along the wall with similar geometries. Characteristics of the cross-sections are summarized as follows: rn +'1- 1 n1s J c-v1� dA a A-A' 8.4 10 2.4:1 B-B' 10.0 14 2:1 C-C' 7.9 27. 1.5:1 D-D' 14.9 26.2 1.5:1 First, stability.of each cross-section was checked for the existing slope geometry. We regard this check as an important calibration of the analysis; since we know that the slopes in question have performed well, a factor of safety (FS) above 1.0 is implied for the existing condition. Where appropriate, we used this exercise to adjust (calibrate) the analyses to produce realistic factors of safety for the existing condition. \ With parameters for each section thus established, we checked thefaetor of safety for global stability of the proposed retaining walls with reinforcement lengths set to the minimums specified by SP 504. An acceptable factor of safety for the`proposed retaining walls is a 1.3, or a factor of safety at or above the current condition. If inadequate factors of safety were determined, the reinforcement length was increased until an adequate factor of safety was calculated. We included a surcharge of 150 psf in our analyses for the bike trail and 250 psf for Highway 6. Using UTEXAS4 we calculated the surcharge of the Eagle River at the low and high water lines,where applicable. The results of these analyses are summarized as follows: Project No. 111014 Mr. Kent Kriehn October 19,2011 Page 11 A-A' 2.118 2.147 8 B-B' 1.714 1.693 8 C-C' 1.143 1.346 8 D-D' 1.101 See below N/A These analyses indicate that reinforcement length minimums as outlined in SP 504 are applicable for the proposed retaining walls for Cross sections A-A', B- B',and C-C'. Cross section D-D' is a"Double Wall" condition as'described above and in our October 18 report. At cross-section D-D' the proposed retaining wall is 15 feet high (exposed) and is located in front of and downhill of an existing,retaining wall for Highway 6. There is also a relatively high,steep slope down to the river at this location. Initial work on Cross Section D-D'indicated xthat the "Double Wall" sections were problematic for global stability, but more critically, problematic for construction. Excavation for a conventional MSE wall at Section D-D' would severely undermine the existing Hi ghwa y 6 retaining wall Initial work on Section D-D' identified the need for our report dated October 18, 2011 as cited herein. In that report, we recommended a micropile supported block face wall,with lightweight fill for these sections. This approach should address both the lobal stability as well as constructability concerns for Section D-D' since: • The weight of the block face is supported on deep micropiles, so that weight will not decrease global stability, • The lightweight fill proposed has a unit weight of about 2 pounds per cubic foot,and its weight would be insignificant for global stability. • While not specifically designed to increase global stability,the proposed micropiles would be expected to enhance, rather than decrease global stability,and' _ • Excavation is reduced or eliminated, so the new construction should not destabilize the existing wall. The reader may note that our analysis of the existing stability at D-D' • indicates a relatively low Factor of Safety, about 1.1. However,the wall and slope at this and similar locations appear to be performing well, and as long as construction does not add load or destabilize the wall, we believe the construction can proceed as described above and in our October 18 report. For the remaining retaining walls in Phases 1 and 2 (i.e., those not in "Double Wall" areas), the MSE wall minimum reinforcement lengths identified in Project No.111014 Mr. Kent Kriehn October 19,2011 Page 12 SP 504 are appropriate. In addition to these reinforcement lengths, we recommend that footings for the MSE wall facing (also known as "leveling pads") be constructed at the depths specified in SP 504. We have provided a recommended footing layout to Alpine under separate cover. Because of the steep existing slopes downhill of these retaining walls, it is imperative that the footing layout provided on the plans be followed by contractors. SP 504 typically requires a concrete leveling pad, as well as protection of the MSE fill mass by a geomembrane. Based on our experience with similar applications in this area, we recommend that these requirements be changed for Phases 1 and 2 through a "Project Special Provision." We recommend that the Project Special Provision allow: • Substitution of a granular leveling pad (Typically_CDOT Class 6 Road Base)for a concrete leveling pad,and • Elimination of geomembrane for block faced MSE wall systems using polymer geogrids as MSE reinforcement elements. We should review all contractor shop drawings for compliance with SP 504 and applicable Project Special Provisions, as well as for consistency with the analyses we describe above. 8.0 BRIDGE FOUNDATION RECOMMENDATIONS Analysis and recommendations'related to the proposed bridge structures located over the Eagle River and Beaver Creek will be presented in a future report. Project No. 111014 Mr.Kent Kriehn October 19,2011 Page 13 9.0 GENERAL INFORMATION Information in this report is intended to provide an assessment of global stability for the proposed retaining walls included in Phases 1 and 2. We plan to present geotechnical recommendations related to proposed bridges at Eagle River (Phase 3) and Beaver Creek (included in Phase 1) in a future report. Analyses and cross-sections herein are based on limited subsurface information. The report is based on data collected as described above,review of available documents,our site observations,our general understanding of geological processes in the project area, and our past experience with similar conditions. Variations can and do occur in geological and constructed materials and departures from the conditions portrayed in this report are possible. No other use is intended or, plied by the information, opinions,conclusions and recommendations contained herein n Thank you for the opportunity to work with you on this project. If you have any questions,or if we may be of further assistance,please do not hesitate to call. Very truly yours, MICHAEL W. WEST&ASSOCIATES,INC. Francis E.Harrison,P.E. Principal Geotechnical Engineer 4 Documents Cited Tables Figures Appendix 1—Lab Data Appendix 2—Cross Sections and Stability Analyses Project No. 111014 Mr. Kent Kriehn October 19,2011 Page 14 DOCUMENTS REVIEWED OR CITED Alpine Engineering, Inc., ECO Regional Trail, Avon to Eagle-Vail Phase 1, Wall Plans and Profiles last modified October 5, 2011, with Cross Sections created October 10,2011. Alpine Engineering, Inc., ECO Regional Trail, Avon to Eagle-Vail Phase 2, Wall Plans and Profiles last modified July 14,2011,with Cross Sections created July 10, 2011. Ground Engineering Consultants, Inc., February 23, 1991 (latest revision), Plan Sheet titled:Avon Road Over Eagle River Engineering Geology, Structure Number F-10-AF,Drawing Number 3 of 21. Ground Engineering Consultants, Inc., February 23, 1991 (latest revision), Plan Sheet titled: D.&R.G.W. Railroad Over Avon Road,`Structure Number F-10-AG, Drawing Number 3 of 19. Michael W. West & Associates, ,Inc., October 18, 2011, Retaining Wall Alternatives Evaluation,ECO Trails Phases 1 and 2,Avon to Eagle-Vail,Colorado. MWW&AI Project No. 111014. Tweto, O., Moench, R.H., Reed, Jr., J.C., 1978, Geological Map of the Leadville 1x2 Quadrangle, Northwestern Colorado, U.S. Geological Survey Miscellaneous Investigations Series Map I-999. Yeh and Associates, Inc.,April 27,2001, Geotechnical Engineering Report,Eagle- Vail Half Diamond Interchange,Eagle County,Colorado. Project No 20-019. Project No.111014 / L' a TABLES r. w wit q,'LVC V- 74141 111Z'►) it tg i to go-1 4 N N - N qt O �� N V1 S v1 � U a x a ; A� C) O CD esi en 4 i A en rn 4 ! =. 0,4... h N�* a -, A g C/ O VI O CT O vi. 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I. ••• f�, n n n n 1r- r°. 0- n n r, r) m w N.. n F • 1 I 5 s s 61 /c 11, 11 i Q a qE� gE a at x 11E I] e E 1 2 g - Z s m3 1 N 55 's N 8E 1 :2 "3g" 1 8 y $9 ? i g Lu A k0 iljIfluII ' l 9� � hi1iJ Fo m 'B' yy w 'L F�'z m'E3 pi _ b-r m a a o� _7° O b S. w a a i s v _3 .E w -7? n W gg m u e' y 1"'B > 9 m "'§ Wz g r a$ ape 2r $; 1B B at 6 S T 3 to . 9,1� 1•a L7+° Z m .5 6 L: D CO 3 vi T OS O g yea Td g =n O t of 9i ya o a 6; i : qQ,g v8 iIiLJJ F I- It I �t!1rWyyy� 3' o°E<i > r o i� F P`" y 6b 3 m m•w �Ft(�v-7S^e4 "yy< PS 3 •33 3 K uss 0; F5 e9 c° r. F 1 ,1 O lie I A 'olii 0 ei -7.: U P1 gl " 'i "' Cc CO ca- ►� ... _eR 1 • m f 2 m IL N co n N. m . el 0 Y7 O co p N A n LO A n CO N h U) h N N 1p U) 1L) C 0 1r III ii iI HI Iiiiil1111irrii i1I Ii iirlrrt liii litiiI iii l.1i11I1iii111111111r11r111 ti x W O O• `' •'- 4i APPENDIX I W �� �► '4'114 LABORATORY TEST RESULTS FROM ADVANCED TERRA �',,, ,. pit, TESTING MECHANICAL ANALYSIS-SIEVE TEST DATA-ASTM D 1140 LL MOISTURE AND DENSITY DETERMINATIONS-ASTM D 2216&ASTM D 2937 CLIENT Mike West&Associates JOB NO. 2058-70 ORING NO. TH-1 SAMPLED EPTH 5' DATE TESTED 08/04/11 MLM AMPLE NO. A WASH SIEVE Yes SOIL DESCR. 111014 DRY SIEVE No LOCATION Eco Trails Retaining Wall MOISTURE DATA WASH SIEVE ANALYSIS Wt.Wet Soil&Pan (g) 294.8 Wt.Dry Soil&Pan (g) 276.9 Wt.Wet Soil&Pan Wt.Lost Moisture (g) 17.9 Before Washing(g) 294.8 Wt.of Pan Only (g) 6.7 Wt.Dry Soil&Pan Wt.of Dry Soil (g) 270.2 Before Washing(g) 276.9 Moisture Content % 6.6 Weight of Pan (g) 6.7 WI of Dry Soil titENSITY DETERMINATIONS Before Washing 2702 Wt.Dry Soil&Pan Sample Height(IN) 3.407 After Washing (g) 216.2 tample Diameter(IN) 1.938 Wt.of Dry Soil of Wet Soil(GMs) 288.5 After Washing (g) 209.5 Sample Volume(CU Ft) 0.00582 -#200 Wash.Out,% 22.5 WET DENSITY(PCF) 109.3 DRY DENSITY(PCF) 102.6 Sieve Pan Indiv. Indiv. Cum. Cum. % Number Weight Wt.+Pan Wt. Wt. % Finer (Size) (g) (g) Retain. Retain. Retain. By Wt. #200 6.70 216.20 209.50 209.50 77.5 22.5 1 NpTE:Insufficient sample size,unable to perform Atterberg limits III D ta entered by: DAW Date: 08/05/2011 '' D ta checked by: Cal-e— Date: s/os i/ Fi eName: MWS04307 1 I 1 MECHANICAL ANALYSIS-SIEVE TEST DATA-ASTM D 1140 MOISTURE AND DENSITY DETERMINATIONS•ASTM D 2216&ASTM D 2937 CLIENT Mike West&Associates JOB NO. 2058-70 BORING NO. TH-3 SAMPLED DEPTH 10' DATE TESTED 08/04/11 MLM SAMPLE NO. B WASH SIEVE Yes SOIL DESCR. 111014 DRY SIEVE No LOCATION Eco Trails Retaining Wall MOISTURE DATA WASH SIEVE ANALYSIS Wt.Wet Soil&Pan (g) 246.1 Wt.Dry Soil&Pan (g) 237.4 Wt.Wet Soil&Pan Wt.Lost Moisture (g) 8.7 Before Washing(g) 246.1 Wt.of Pan Only (g) 6.7 Wt.Dry Soil&Pan Wt.of Dry Soil (g) 230.7 Before Washing(g) 237.4 Moisture Content % 3.8 Weight of Pan (g) 6.7 Wt.of Dry Soil DENSITY DETERMINATIONS Before Washing 230.7 Wt.Dry Soil&Pan NOTE:Density not possible After Washing (g) 217.6 Wt.of Dry Soil After Washing (g) 210.9 -#200 Wash.Out % 8.6 • Sieve Pan Indiv. Indiv. Cum. Cum. % Number Weight Wt.+Pan Wt. Wt. % Finer (S1ze) (g) (g) Retain. Retain. Retain. By WI. #200 6.69 217.63 210.94 210.94 91.4 8.6 NOTE:Insufficient sample size,unable to perform Atterberg limits Data entered by: DAW Date: 08/05/2011 Data checked by: L t- Date: SAO r FileName: MWS02460 MECHANICAL ANALYSIS-SIEVE TEST DATA-ASTM D 1140 MOISTURE AND DENSITY DETERMINATIONS-ASTM D 2216&ASTM D 2937 LIENT Mike West&Associates JOB NO. 2058-10 RING NO. TH-3 SAMPLED EPTH 15' DATE TESTED 8/05/11 MLM PLE NO. A WASH SIEVE Yes IL DESCR. 111014 DRY SIEVE No L CATION Eco Trails Retaining Wall OISTURE DATA WASH SIEVE ANALYSIS Wt.Wet Soil&Pan (g) 206.9 Viet.Dry Soil&Pan (g) 178.7 Wt.Wet Soil&Pan Wt.Lost Moisture (g) 28.2 Before Washing(g) 206.9 Wt.of Pan Only (g) 6.7 Wt.Dry Soil&Pan Wt.of Dry Soil (g) 172.0 Before Washing(g) 178.7 Moisture Content % 16.4 Weight of Pan (g) 6.7 W.of Dry Soil DENSITY DETERMINATIONS Before Washing 172.0 Wt.Dry SoN&Pan Sample Height(IN) 3.945 After Washing (g) 79.1 Sample Diameter(IN) 1.938 VW.of Dry Soil V1t of Wet Soil(GM s) 393.5 After Washing (g) 72.4 S mple Volume(CU Ft) 0.00673 -#200 Wash.Out % 57.9 T DENSITY(PCF) 128.8 D Y DENSITY(PCF) 110.7 Sieve Pan Indiv. lndiv. Cum. Cum. % Number Weight Wt.+Pan Wt. Wt. % Finer (Size) (g) (g) Retain. Retain. Retain. By Wt. #200 6.74 79.09 72.35 72.35 42.1 57.9 D entered by: DAW Date: �/ 0 09/2011 �•�"`''� D checked by: �i�� Date: . 0 Fil Name: MWS03945 • ATTERBERG LIMITS TEST ASTM D 4318 CLIENT Mike West&Associates JOB NO. 2058-70 BORING NO. TH-3 DATE SAMPLED DEPTH 15' DATE TESTED 08/05/11 LB SAMPLE NO. A SOIL DESCR. 111014 LOCATION ECO Trails Retaining Walls Plastic Limit Determination 1 2 3 Wt Dish&Wet Soil 6.83 6.78 6.81 Wt Dish&Dry Soil 5.97 5.91 5.93 Wt of Moisture 0.87 0.88 0.87 Wt of Dish 1.14 1.15 1.14 Wt of Dry Soil 4.82 4.78 4.80 Moisture Content 17.98 18.39 18.22 Liquid Limit Device Number 0966 Determination 1 2 3 4 5 Number of Blows 15 23 27 26 33 Wt Dish&Wet Soil 12.03 13.96 11.03 12.22 13.84 Wt Dish&Dry Soil 9.37 10.93 8.74 9.64 10.96 Wt of Moisture 2.66 3.03 2.29 2.58 2.88 Wt of Dish 1.15 1.13 1.15 1.15 1.15 Wt of Dry Soil 8.22 9.80 7.59 8.49 9.81 Moisture Content 32.38 30.96 30.12 30.38 29.35 • Liquid Limit 30.5 Plastic Limit 18.2 Plasticity Index 12.3 Atterberg Classification CL Data entry by LB Date: 08/06/2011 �'"°" _ Checked by: &A Date: p/ec��i �� FileName: MWGOECOT IAtterberg Limits, Flow Curve 1 TH-3, 15',A 33 ` I I ( l 1 j N 1 i 32 j U' 1 E, 31 • 1 j \ 30 \ i ' r \ 29 I i— ! 1 1 • Number of Blows 25 PLASTICITY CHART TH-3,15',A 90 i • -- — i 1 I CH or ON 11:3 1 e E 40 pay CL or OL 4 MHorOH 1 Mt,orOL I ■ 0 20 40 60 80 100 120 Liquid Limit • Classification I 1 – MECHANICAL ANALYSIS-SIEVE TEST DATA-ASTM D 1140 MOISTURE AND DENSITY DETERMINATIONS-ASTM D 2216&ASTM D 2937 CLIENT Mike West&Associates JOB NO. 2058-70 BORING NO. TH-3 SAMPLED DEPTH 20' DATE TESTED 08/04/11 MLM SAMPLE NO. A WASH SIEVE Yes SOIL DESCR. 111014 DRY SIEVE No LOCATION Eco Trails Retaining Wall MOISTURE DATA • WASH SIEVE ANALYSIS Wt.Wet Soil&Pan (g) 112.2 Wt.Dry Soil&Pan (g) 58.2 Wt.Wet Soil&Pan Wt.Lost Moisture (g) 54.0 Before Washing(g) 112.2 Wt.of Pan Only (g) 6.7 Wt.Dry Soil&Pan Wt.of Dry Soil (g) 51.5 Before Washing(g) 58.2 Moisture Content % 104.9 Weight of Pan (g) 6.7 Wt.of Dry Soil DENSITY DETERMINATIONS Before Washing 51.5 Wt.Dry Soil&Pan Sample Height(IN) 3.535 After Washing (g) 21.5 Sample Diameter(IN) 1.938 Wt.of Dry Soil WI of Wet Soil(GMs) 235.4 After Washing (g) 14.8 Sample Volume(CU Ft) 0.00603 -#200 Wash.Out % 71.2 WET DENSITY(PC F) 86.0 DRY DENSITY(PCF) 42.0 Sieve Pan Indiv. Indiv. Cum. Cum. % Number Weight Wt.+Pan Wt. Wt. % Finer (Size) (g) (g) Retain. Retain. Retain. By Wt. #200 6.69 21.53 14.84 14.84 28.8 71.2 Data entered by: DAW Date: 08/05/2011 r ' 4 Data checked by:_ +ems Date: .s FileName: MWS03535 ATTERBERG LIMITS TEST ASTM D 4318 CLIENT Mike West&Associates JOB NO. 2058-70 BORIN NO. TH-3 DATE SAMPLED DEPTH 20' DATE TESTED 8/06/11 LB SAMPL NO. A SOIL D CR. 111014 LOCATI N Eco Trails Retaining Walls Plastic Limit Determination 1 2 3 Wt Dish$Wet Soil 7.03 6.93 7.02 Wt Dish&Dry Soil 5.01 4.97 4.99 Wt of Moisture 2.03 1.95 2.02 Wt of Dish 1.16 1.15 1.15 Wt of Dry Soil 3.85 3.83 3.85 Moisture Content 52.62 51.07 52.57 Liquid Linhit Device Number 0966 Determination 1 2 3 4 5 Number Of Blows 16 20 24 26 31 Wt Dish 8 Wet Soil 8.97 10.01 7.24 7.85 8.62 Wt Dish 84 Dry Soil 5.70 6.39 4.81 5.20 5.73 Wt of Moisture 3.27 3.62 2.44 2.65 2.89 Wt of Dish 1.15 1.15 1.15 1.15 1.15 Wt of Dry`Soil 4.56 5.24 3.66 4.05 4.58 Moisture content 71.65 69.06 66.55 65.44 63.09 Liquid LirrOt 66.0 Plastic Limit 52.1 Plasticity Index 13.9 Atterberg plassification MH Data entry y: DAW Date- 08/08/2011 "_"'N Checked b :j20/'1. Date: s�o8'1t =,T FileName: MWG07033 i Atterberg Limits, Flow Curve ' TH-3,20',A 73 I l 72 1 1 70 \ \ c 69 g sa U I t d 1 1 t 67 1 \\ 2 66 I I 111\65 84 63 ! i \ ---4 I 62 i - ! Number of Blows 25 PLASTICITY CHART TH-3,20',A 80 i i 60 CH or UN 140 _ a i - CLorOL 20 - _ MH cr OH — I • 1 ML or OL CL-Ml. i 0 ' - I 0 20 40 60 80 100 120 Liquid Limit • Classification MECHANICAL ANALYSIS-SIEVE TEST DATA-ASTM D 1140 MOISTURE AND DENSITY DETERMINATIONS-ASTM D 2216&ASTM D 2937 CLIENT Mike West&Associates JOB NO. 2058-70 BORING NO. TH-5 SAMPLED DEPTH 10' DATE TESTED 08/04/11 MLM SAMPLE NO. A WASH SIEVE Yes BOIL DESCR. 111014 DRY SIEVE No LOCATION Eco Trails Retaining Wall MOISTURE DATA WASH SIEVE ANALYSIS WI.Wet Soil&Pan (g) 164.9 WI.Dry Soil&Pan (g) 133.3 Wt.Wet Soil&Pan Wt.Lost Moisture (g) 31.6 Before Washing(g) 164.9 WI.of Pan Only (g) 6.7 WI.Dry Soil&Pan Wt.of Dry Soil (g) 126.6 Before Washing(g) 133.3 Moisture Content % 25.0 Weight of Pan (g) 6.7 WI.of Dry Sal DENSITY DETERMINATIONS Before Washing 126.6 WI.Dry Soil&Pan Sample Height(IN) 3.573 After Washing (g) 60.7 $ample Diameter(IN) 1.938 Wt.of Dry Soil Wt of Wet Soil(GMs) 291.5 After Washing (g) 54.0 $ample Volume(CU Ft) 0.00610 -#200 Wash.Out % 57.4 WET DENSITY(PCF) 105.4 DRY DENSITY(PCF) 84.3 Sieve Pan Indiv. Indiv. Cum. Cum. Number Weight Wt.+Pan Wt. Wt. % Finer (Size) (g) (g) Retain. Retain. Retain. By Wt. #200 6.70 60.70 54.00 54.00 42.6 57.4 II Data entered by: DAW Date: Y 08/05/20111 Data checked by: Co-e-- Date: 8'�oS/ii FNeName: MWS03573 1 I ATTERBERG LIMITS TEST ASTM D 4318 CLIENT Mike West&Associates JOB NO. 2058-70 BORING NO. TH-5 DATE SAMPLED DEPTH 10' DATE TESTED 08/05/11 LB SAMPLE NO. A • SOIL DESCR. 111014 LOCATION ECO Trails Retaining Walls Plastic Limit Determination 1 2 3 Wt Dish&Wet Soil 6.53 6.47 6.52 Wt Dish&Dry Soil 5.39 5.35 5.39 Wt of Moisture 1.14 1.12 1.14 Wt of Dish 1.13 1.13 1.15 Wt of Dry Soil 4.26 4.22 4.24 Moisture Content 26.75 26.43 26.78 Liquid Limit Device Number 0966 Determination 1 2 3 Number of Blows 17 25 31 Wt Dish&Wet Soil 13.80 12.11 9.43 Wt Dish&Dry Soil 10.08 8.93 7.04 Wt of Moisture 3.72 3.19 2.39 Wt of Dish 1.14 1.12 1.14 Wt of Dry Soil 8.94 7.81 5.90 Moisture Content 41.62 40.81 40.45 Liquid Limit 40.9 Plastic Limit 26.7 Plasticity Index 14.2 Atterberg Classification ML Data entry by: LB Date: 08!06/20111 Checked by: CAA_ Date: SAO FileName: MWGOTHEC Atterberg Limits, Flow Curve j 1 TH-5, 10',A 42 ! 1 I i 1 i aI jii \\I I I 1 t r ! i 40I ( i Number of Blows 25 PLASTICITY CHART TH-5, 10',A 80 i 60 tTiorVH x I 4- 4, ni a CL or OL 2• ` MH or OH j 0„0.' ML or OL CL ML I a 20 40 60 80 100 120 Liquid Limit • Classification I i i Moisture&Density Determinations ASTM D 2216&D 2937 CLIENT:Mike West&Associates JOB NO.:2058-70 LOCATION: ECO Tails Retaining Wall BORING TH-7 TH-5 SAMPLE DEPTH 10' 5' SAMPLE NO. A B DATE SAMPLED DATE TESTED 08/03/11 DPM 08/03/11 DPM SOIL DESCRIPTION 111014 111014 DENSITY DETERMINATIONS Sample Height(IN) 3.472 , 3.220 Sample Diameter(IN) 1.938 1.938 Wt of Wet Soil(GMs) 307.67 260.38 Sample Volume(CU Ft) 0.00593 0.00550 WET DENSITY(PCF) 114.4 104.4 DRY DENSITY(PCF) 104.0 99.8 MOISTURE DETERMINATIONS Wt.of Wet Soil&Dish(gms) 314.38 267.10 M.of Dry Soil&Dish(gms) 286.18 255.60 Net Loss of Moisture(gms) 28.20 11.50 WL of Dish(gms) 6.71 6.72 Wt.of Dry Soil(gms) 279.47 248.88 Moisture Content(%) 10.1 4.6 II Data entered by: MLM Date: 08/04/2011 y� Data checked N FileName: MWM 75 ► APPENDIX II i""'' 4S% '4'41 W °' CROSS SECTIONS AND STABILITY ANALYSIS RESULTS ns•,: . t„sit • i i i. 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C 1: 0 f V 10 CO O O oOp O O O p N n to r s_ ~ I I O1 to O E MN. _:: P •;:�:. :, ',A,: iN O 1 00 WS ' II @ ii O U C SO C \ U E fL;�v O, :� y w-,i S: p !; O U p Q) iL t Q"'Igo EC O"'rc y km Ev N WI 9/ `, g J VO O N LE o o CO CO CO r CO ,zc a a, v o c .-- t�7 c O 2 w o (4 m 0 • M m C N W sff y EIC o d E CO L T 7 19. _u L_V u) co O w U a a` V;i 6 ,C �.` U t, O C Zvi ° r 1 co i z 10 ,- V N I O z i•-7, w a I O n. , s,> I ooE ,z < ww¢i u I L4.1 w- -, 0 0 N C c z w C! ft I N , f 0 a COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL USE PERMIT TYPE: Construction within ROW PERMITTEE DEPARTMENT MR tuvr.v Name: EAGLE CnOUNTY ECO TRAILS DEPARTMENT Date Issued 5/28/2013 Ellie rya - _ _Permit# 3130200-S Milepost Address: PO Box 1070 S.H.# 006 E 170.64 Gypsum,CO 81637 _Region 03 171.10 Section 02 Telephone: 970 328-3523 Patrol 20-2 Jonathan Johnson NOTICE TO PE llTrEE:For underground facility location information,contact the Utility Notification Center of Colorado(UNCC).Pursuant to 9-1.5-103 C.R.S.you shall n t make or begin excavation without first notifying the UNCC and if necessary,then notifying the tier two members having underground facilities in the ar 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 if 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.T UNCC may be called at 1-800-922-1987. CBOT may be called at(970)683-6271. ACTIVITY DES RIPTION(Furnished by Permitter) PURPOSE ❑Installation ❑Adjustment ❑Removal ❑Maintenance of existing Facility FACILITY (Type,size,class of transmittant,design pressure or etc.) DESCRIPTION OF WORK Construct paved trail and retaining wall(Eagle Vail Trail) NATURE OF INSTALLATION ❑Longitudinal(Parallel) ❑ Transverse(Crossing) LI Buried ❑Aerial/Ground-mounted ❑Attach.To Hwy.Str.No. LOCATION: North side of Hwy 6,from Stonebridge Road Intersection to Post Blvd County:_Eagle Citylrown: Avon Project Info: n/a ADDITIONAL RHMARKS PLEASE REVIEW&COMPLY WITH THE ATTACHED"LATE FALL,WINTER&SPRING SPECIAL 4 QROVIStONS FOR WORK IN;DOT RIGHT OF WAY" SPECIAL PROVISIONS(completed by the Department) The Special Provisions are terms and conditions of this permit. Any work shall wily be in accordance with the approved plans and special provisions as set forth in this permit and its attachments. The CDOT inspector is Andy Garcia 2M4 Telephone:_(970)845-8816 _Fax:(970)524-0626 Work is to be completed on or before: NOV 15 2013 or within days,(as applicable) Work time restrictions: DAYLIGHT HOURS ONLY,NO WEEKENDS OR HOLIDAYS Designated minimum cover is N/A Designated overhead clearance is N/A (ALSO SEE ATTACD STANDARD PROVISIONS,AND ADDITIONAL SPECIAL PROVISIONS), (TRAFFIC CONTROL MUST CONFORM TO THE MUTCD) Other: FIELD,INSPECTOR SHALL BE NOTIFIED 24 HOURS PRIOR TO BEGINNING WORK OR PERMIT IS VOID UNLESS`PRIOR APPROVAL'S OBTAINED. Permittee is prohiaited 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 wor ing hours. 1. Your request to mod/or occupy state highway system rights of way as described above is granted subject to the terms and conditions of this permit, including the S and and Special Provisions as shown on the permit and all attachments hereto. 2. To the extent au rind by law,Permittee hereby assumes,releases and agrees to indemnify,defend,protect,and save the State of Colorado harmless from and against any 1 and/or damages to the property of the State of Colorado,third parties or the Permittee's facilities,and all loss and/or damage on account of injury to or 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 fatal or any part thereof,including but not limited to installation,adjustment,relocation,maintenance or operation,or removal of exits'tug facilities,unless su h 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 Pe ittee 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 T nsportation. 4. THIS PERMIT NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFF'1AED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE AT THE TRANSPORTATION REGION OFFI 5. In accepting this rmit 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,undet'stands and accepts all the included conditions. Attested f Date I Signature Date i Title Title Print Name: (Print Name: COLORADO DEPARTMENT OF TRANSPORTATION i BY . e Chief Engineer ( Region ` I(`I�: al Transportation !rector or Designee Distribution:Region File(Original) Mtce Landscaping Supvr Permittee/Applicant Inspector Andy Garcia 2M4 COOT Form*1283 01/09 Mtce Patrol Summrm, 20-2 Jonathan Johnson Previous versions are obsolete and should not be used. I ' 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 1,2008 If any aggregate 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 Permittee,or the State Highway Utility Accommodation Code,and applicable federal,state, as applicable-their Contractor,shall immediately local,and industry codes and regulations. obtain additional insurance to restore the full aggregate limit and furnish to CDOT a certificate Construction of any portion of the highway facility,including the pavement or other document satisfactory to CDOT showing structure,subsurface support,drainage,landscaping elements and all compliance with this provision. appurtenant features,shall comply with the provisions of the CDOT Standard 3) Automobile Liability Insurance covering any auto(including Specifications for Road and Bridge Construction,and with the Colorado owned,hired and non-owned autos)with a minimum limit as Standard Plans(M&S 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 and validated permit. done in association with the operations or installations authorized by this permit,Professional Liability Insurance with minimum Permittee shall notify the CDOT inspector: limits of liability of not less than$1,000,000 Each Claim and If a. At least 2 working days prior to commencing work,or resuming $1,000,000 Annual Aggregate. e,the policy is s written e a operations which have been suspended for five or more consecutive Claims Made form,the Permittee,or,as applicable—thei r working days Consultant or Contractor,shall renew and maintain Professional Liability Insurance for a minimum of two years following final b. When suspending operations for 5 or more working days c. Upon completion 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 the Professional Liability Policy,,the Additional Insured Plans or work sketch(EXHIBIT A)are subject to CDOT approval.A copy of requirement is waived,and the Policy shall be written on a the approved plans or sketch must be available on site during work.Plan Claims Made form,with an extended reporting period of at least revisions or altered work differing in scope or nature from that authorized two year following final acceptance of the work. under this permit,are subject to CDOT prior approval.Permittee shall promptly notify the CDOT 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 Permittee shall obtain,and maintain at all times during the B. CDOT shall be named as additional insured on the Commercial performance of work authorized by this Permit,insurance in the General Liability and Automobile Liability Insurance policies. following kinds 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 1) Workers'Compensation Insurance as required by state statute, non-renewal without at least 30 days prior notice to CDOT by and Employer'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: a. $1,000,000 each occurrence; E. All policies evidencing the insurance coverages required hereunder 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 and this Permit to CDOT prior to commencing work. No later than 15 d. $50,000 any one fire. days prior to the expiration date of any such coverage,the Permittee,Contractor or Consultant,shall deliver CDOT certificates e. For any permanent Permittee-owned installations located of insurance evidencing renewals thereof. At any time during the within 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. Notwithsi4nding 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 ct CRS 24-10-101,et seq.,as amended("Act'),the times in responsible charge of temporary traffic control. In Permittee hall at all times during the term of this permit maintain situations where the TCP goes beyond any Typical Application only such iability 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 satisfacto 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 CD T as an Additional Insured. worksite traffic supervisor by either the American Traffic Safety Services Association(ATSSA)or the Colorado Contractors H. If the Pei—name engages a Contractor and/or Consultant to act Association(CCA),and shall have a current CDOT flaggers' certification card. The TCS shall be responsible for the planning, independeptly from the Permittee on the permitted work,that 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 d. The Permittee shall not start the permitted work before the Liability aid Umbrella or Excess Liability policies. 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. JOINT USE AI}TERNATIVES 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 stall 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. ATTACHMEN''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 10. NCHRP 350 CRASHWORTHINESS REQUIREMENTS FOR approval of the CDOT!Staff Bridge Design Engineer. WORK ZONE TRAFFIC CONTROL DEVICES H. DRAINAGEWAYS 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 H, 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.Pehnittee shall repair damage to any drainage facility to the barricades;or as Category HI,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 a. Prior to commencing work,the Permittee shall develop and submit as applicable,the FHWA Acceptance Letter,for each type of device. FHWA 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 accommodation safety. The Permittee shall implement the TCP and utilize traffic http://safety.fhwa.dot.gov/roadwav dept road hardware/wzd.htm control devices as necessary to ensure the safe and expeditious 11. WORKER SAFETY AND HEALTH movement Of traffic around and through the work site. - b. The Permittee shall develop the TCP,and Methods of Handling a. All workers within the State Highway right of way shall comply with Traffic(MI-CT's)included therein,in conformance with the Manual their employer's safety and health policies/procedures and all on UniformTraffic Control Devices(MUTCD),the Colorado applicable U.S.Occupational Safety and Health Administration Suppleme thereto adopted by the Commission pursuant to sections (OSHA)regulations-including,but not limited to the applicable nt) 42-4-104 42 4-105 CRS,the Department's standard sections of 29 CFR Part 1910-Occupational Safety and Health specificatio s for temporary traffic control and the Department's Standards and 29 CFR Part 1926 -Safety and Health Regulations standard pl s for signing-Standard Plans S 630-1 and S 630-2. for Construction. The TCP sh 11 include provisions for the passage of emergency 02/06 CDOT Permit Form 333 and Standard Provisions Page 3 of 6 I 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 Z89.1 standard; 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 feet,workers shall comply with OSHA's PPE requirements specified in this permit or as otherwise indicated in the approved for foot protection per 29 CFR 1910.136,1926.95,and plans or work sketch(EXHIBIT A). 1926.96. 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 the Class 2 specifications of the ANSI/ISEA 107standard. Class 3 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 most recent version of the ANSI standards listed above shall apply. d. Where no feasible alternate locations exist,the Department may permit parallel installations along roadside areas within 15 feet from 12. ADA REQUIREMENTS 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 from nontraverseable hazards and fixed objects("clear available for future utility accommodations.The standard allowable zone").New above ground installations may be permitted within the deviation from the approved horizontal alignment is±18 inches. clear zone only upon a showing that no feasible alternate locations exist.Permittee 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 shall 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 ROW. Protection of open trenches and other excavations within highway 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 corrective actions acceptable to the Department upon notification otherwise permitted.Pavement shall be sawed or wheel-cut to a neat line. by CDOT that 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. BORING,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,or trim trees or other landscaping elements within the highway tO the boring or jacking pit be less than the vertical difference in highway ROW,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 mats,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 in 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. Construction or compaction by means of jetting,puddling,or water 18. INSPECTION AND ACCEPTANCE flooding is 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 SI-IROW. 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/Fonns.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 Specia Provisions of this permit shall list any specific construction or materials,Permittee shall make all repairs environme al 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) Ecolo*ical 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 Colc+ado Discharge Permit Regulations. b. All plowed or trenched installations must include color-coded f. There shall a no disposal of hazardous materials in the state (using the American Public Works Association color coding highway rig t of way. Solid waste shall be removed from the state system)warning tape placed not less than 12 inches vertically above highway rig t of way and disposed of at a permitted facility or the top of the line. The warning tape shall be surface-detectable if designated c llection point(such as the Perniittee's own dumpster). needed to facilitate detection of the line. Drilling flui s must be disposed of as described in the ECIS. 02/06 CDOT Permit Form 333 and Standard Provisions Page 5 of 6 I 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 iri vent will serve as a marker. place. Written notice from the Department,allowing an abandoned d. The utility shall 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 backsight 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 of 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 in 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 the Department. 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. I) Non compliance with the provisions of this permit 23. ADJUSTMENTS DUE TO HIGHWAY CONSTRUCTION 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,Permittee 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 the 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 company's delay in the performance of utility relocation work or 2) Abandonment or transfer of ownership interference with the performance of transportation project work done by 3) Superseded by new permit covering the same installation others. Such damages include,but are not limited to,payments made by the 4) Conflict with necessary planned transportation construction. Department to any third 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 failure to timely perform the utility relocation work. cancellation of permit,unless a new permit is applied for and Damages resulting from delays in the performance of the utility relocation granted. work or interference with the transportation project work that are caused by - events beyond the utility company's ability to reasonably foresee or control(a d. Where Permittee does not fulfill an obligation to repair or maintain force majeure)shall not 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 Permittee 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 Permittee'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 I epartment 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 lffice 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.army.mil/html/od-tl/tri-lakes.html Sacramento Dist.(Western CO),Grand Junction Office(970)243-1199 http://www.sok.usace.army.mil/cespk-co/regulatory/ Albuquerque District(SE Colorado), Pueblo Reg.Office(719)-543-6915 http://www.spa.usace.army.mil/reg/ • CDOT Util,ties,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 websitp http://wildlife.state.co.us/WildlifeSpecies/SpeciesOfConcern/. Additional guidance may be provided by the appropriate Region Planni and Environmental Manager(RPEM). Cultural Reso�rces—The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Prese ation(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 iulanager 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 Info r ation:Contact the CDOT Paleontologist at(303)757-9632. Hazardous Ma erials Solid Waste-The Solid Wastes Disposal Sites and Facilities Act C.R.S.30-20-100,et al,and Regulations Pertaining to S lid 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 CR 1007-3)prohibit the transfer,storage or disposal(TSD)of hazardous waste except at permitted TSD sites. There are no permitte landfills or TSD sites within the State Highway Right of Way. Therefore,all solid or hazardous wastes that might be generated by t activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facilit or designated collection point(e.g.,for solid waste,a utility or construction company's own dumpster). If pre-existing solid waste or ardour materials contamination(including oil or petroleum contaminated soil,asbestos,chemicals, mine tailings, etc.)is encount red during the performance of work,the permittee shall halt work in the affected area and immediately contact the CDOT Regiona Permitting Office for direction as to how to proceed. Contact Info:Andy Flurkey,CDOT Hazardous Materials Project Manager,(303)1512-5520. Asbestos Con{aining 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 projects 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 and more info call the Federal Motor Safety Carrier Administration,US DOT for inter-and intra-state HAZMAT Registration(303)969-6748. Colorado Public Utilities Commission:(303)894-2868. Discharge of Dredged 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(NWP#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(contact information above). Contact the CDPHE Water Quality Control Division at(303)692-3500. Working on or in any stream or its bank-In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish,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.coloradodot.info/programs/environmental/wildlife/quidel i nes. Stormwater Construction Permit(SDP)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.cdphe.state.co.us/wq/PermitsUnit/index.html. _ Construction Dewatering(Discharge or Infiltration)—Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at(303)692-3500. For Dewatering Application and Instructions,see Section 3 at the CDPHE website: http://www.cdphe.state.co.us/wq/PermitsUnit/FORMSandApplications/Aopsandformsnewpage.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 contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system or within the Right of Way(ROW)must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit#COS- 000005(http://www.coloradodot.info/programs/environmental/water-quality/documents/CDOT%20MS4%20Permit.doc/view)and COR-030000(http://www.cdphe.state.co.us/wq/PermitsUnit/PERMITS/SWpermitsrats/SWConstructionPErmit.pdf). Discharges are subject to inspection by CDOT and CDHPE. Contact the CDPHE Water Quality Control Division at(303)692-3500 for a listing of munici•alities required to obtain MS4 Permits,or•o to htt•://www.cd•he.state.co.us/w•/•ermitsunit/MS4/MS4Permittees.•df. General Prohibition—Discharges-All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to,substances such as wash water,paint, automotive fluids,solvents,oils or soaps and sediment. Allowable non-stormwater discharges can be found at http://www.coloradodot.info/programs/environmental/water-quality/glossary.html#AllowableDischarge. Contact Information: Contact the CDOT Water Quality Program Manager at(303)757-9343,or the Colorado Department of Public Health and Environment,Water Quality Control Division at(303)692-3500. General Authorization-Allowable Non-Stormwater Discharges-Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State,the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation,diverted stream flows, uncontaminated ground water infiltration to separate storm sewers,discharges from potable water sources,foundation drains,air conditioning condensation, irrigation water, uncontaminated springs,footing drains;water line flushing,flows from riparian habitats and wetlands,and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone#'s listed above). Erosion and Sediment 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 Stormwater Quality Guide(most recent version)should be used to design erosion controls and to restore disturbed vegetation. Contact 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 not valid. Disposal of Drilling Fluids-Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as"discharges" or"solid wastes", and in general,should be pumped or vacuumed from the construction area,removed from the State Highway Right of Way,and disposed of at permitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains,storm Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation December'10 sewers, roadsi 1e 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 Lilly 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 COOT/CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Wasiout-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 50feet 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-m-standards;refer to the link Revision of Sections 101, 107, 208, 213 and 620 Water Quality Control One or More Acres of Disturance 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(4H20),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 Cle rances Information Summary Page 3 of 3 Colorado Department of Transportation December'10 R E.R ACORD CERTIFICATE OF LIABILITY INSURANCE 12/13/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 1r.+ CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES -'v e� BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE 4.CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED cI REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. cO IMPORTANT: N the certificate holder Is an ADDITIONAL INSURED,the policy(Ns)must be endorsed. If SUBROGATION IS WAIVED,subject to .. r'' the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights 10 the certificate holder M lieu of such endorsement(s). PRODUCER 1-303-773-9999 CONTACT Anita Bruner e CO Arthur .3. Gallagher Risk Management Services Inc. PAX en s° 303-889-2574 IUVC 10003-889-2575 w 63998. Fiddlers Green Cir ' -. f- I 1 anita_brunergaJg,com ? Suite 200 � m+ x a'' - W INSURER AFFORDING S)AFFORD COVERAGE NAIC S Greenwood Village, CO 80111 Karen Graham [[ ►{ WI URERA:Colorado Counties Casualty & Property Ea�gl�eDCoOaty UEC 2 6 2�� waunsa5:ATLANTIC SPECIALTY INS co 37154 wil *c:SAFETY NATL CAS CORP 15105 P.O. Box 850 •t- . wa fO:LEUI*)TON INS CO 19437 ! ri./`e k k k*.,in County Worker's C Eagle, CO 81631 IMfuIIE: Y Compensation Pool "REEF: COVERAGES CERTIFICATE NUMBER: 30662838 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.'NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF AI(Y CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED By THE POUCIES DESCRIBED HEREIN IS SUBJECT TO AU-THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSA Y 0 POLICY NUINIE LIR TYPE OF l*POLICY Yu n W lOIW LReT$ - A GENERALUAaUTY PER PARTICIPATION CERT, 01/01/13 01/01/14 EACHOCCURRENcE =250.000 z COMMERCALGENERALLLABEATY 4 PRELMSElG(Ea oaunncel 4 1 CLAWS-MADE n OCCUR MED EXP(Any w pwson) $ _ 1111 PERSONAL a ADV INJURY 8 250,000 GENERAL AGGREGATE _$ GENt AGGREGATE UNIT APPliES PER PROOUCTs.CprppPAGG $250,000 —1 POLICY n ACT n LOC S A *insomnia useiury PER PARTICIPATION CERT, 01/01/11 01/01/14 COMBItED SINGLE LIMIT 250,000 X ANY AUTO BODILY elAJRY(Paps wn) i — —ALL OWNED SCHEDULED • BODILY INJURY(Per acdawd) $ AUTOS _AUTOS z HIRED AUTOS z AIR lnom.are -$ z Claims Nadi S a x UMBRELLA UAa OCCUR 7910003550002 01/01/13 01/01/14 EACH OCCURRENCE $10,000,000 EXCESS UM, It CLASAS-NY10E AGGREGATE $10,000,000 DEO I i I RETENTION;250.000 _ 'S — VYomumS CoommaTNN/ �`WC STATU- OTI4 C AND EMPLOYERS'UABLM 8P4047480 12/31/L" 12/31/13 zltnHrrleerrsl Mt Y/N ANY PROPRIETOR/PARTbEFLEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERMEMBER EXp.UDED7 N IA Disndstory yesIyes;dssnibaN IS EL DISEASE-EA EMPLOYEE S 1,000,000 OESCRIPTION OF OPERATIONS below El.DISEASE-POLICY LIMIT $1;000,000 D EXCESS PROPERTY 020412751 01/01/13 01/01/14 BLANKET BLDG a PP`" 100,000,000 A Prop, Mob`Eq, Auto PD, 1.8 PER PARTICIPATION CERT. 01/01/13 01/01/14 DEDUCTIBLE $500 150,000 E County Work Coop Pool PER PARTICIPATION CERT. 01/01/13 01/01/14 o ESCRIPT10s OF OPERATIONS/LOCATIONS/VEHICLES(A RIYA ACORD III.AOmtlorl 90ANS11116/0SHIS.,S ewe afar Is nqubad) SIR: $750,000 with a $250,000 Corridor Deductible . Colorado Department of Transportation is named as additional insured as respects General Liability coverage as required by their written contract with the named insured regarding accppi road connection frog Hwy 6 to Eagle River Preserve. CERTIFICATE HOLDER CAI CELLATION ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE Colorado Department of Transportation �FXPNLATION DATE THEREOF. NOTICE WILL IIE pEUVERED IN A COItDANCE WITH THE POLICY PROVISIONS. �, Attn: Dan Roussin 222 South 6th Street, loom 100 AulfgE ED REPRESENTATM ` Grand Junction, CO $1501 I USA • 6 191111-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are repii(ared marks of ACORD gokden • 30662838 ' .x' °" f p ,6 e ms' q.., * F Y iS#� JSai { No's'1;;_.0-44-- 4i)*i it'''. - - _,---*"-.1,..d‘ '' ''' -.,-.. „ • tt, r .. 1i: t, nil ' ' ye Y „,Y '".� '+�g,-?r,� }� .""'q S @1: .t -S r ` r $i �,y may. �i. __ _ir ,' F )- . �y")'r Z:;•4' r f a ,..11 t_ ,_� •rte .,, - • s _.. 11 ii Id{ ,_y (� . s• ry� t , Syyy,���` g1 Ai t 1�1�� ay`�€ °` fi .- :, f �r�; II '\ �/ `max `` l s' a), ' " Y e 3 J GJJ _ . �, r fyg a M 1 , w W_ CsJ .tee. _ i LL a.s � inj W. Cl.. LLI F- :. CO J , i r = Q Jy Q W -' V? W I %. i i A. 1 1 'Cr i S ig 0 B o ° i r ` go m t • s . . v. 8 1 f 1 1 a 1 ei „ IP i h. a i - 1 P N R ! . 1 = ii ' ! i e o, t . : ; t i -ti b o ° } g i 1 _ g is w 1 1 1 144. /44.I. 4 t ' STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic&Safety ' •OT Utility POrmit Section 222 South 6th Street,Room 100 t�■■��� Grand J�Ynction,Colorado 81501 ��� (970)68$-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 weather, 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 backfill shall be repaired. The re-vegetation shall take place yet this fall or early next spring. otc TOi .•1141114k '' i).,,, -ifi —80922.'9 STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic and Safety /01' Utility Permit Section v, 222 South 6th Street,Room 100 Grand Junction,Colorado 8150I oemnista orTnw oRanow (970)683-6288 FAX:(970)683-6290 3130200-S Permit No 006E Highway No 170.64-171.1Omm 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 APRIL,UNLESS THE CDOT INSPECTOR ON THE PERMIT HAS APPROVED OF THE INSTALLATION DURING THIS TIME FRAME. EMERGENCY REPAIRS ARE EXEMPT. REVIEW&COMPLY WITH THE ATTACHED "SPECIAL PROVISIONS FOR LATE FALL, WINTER 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 and/or 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 responsible for 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 supplements. 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. naggers are required for each lane !'TV T T T4414.. n 3./AA closure, Advance warning signs must be placed as per 12. No work shall proceed beyond the expiration date MUTCC. All temporary traffic control signs shall be specified on the permit without written approval of the remove covered or laid on the ground during non- Department. workin4 hours. I 13. No work shall be permitted at night or on Saturday, 9. Two-wy traffic shall be maintained at all times in the Sunday, or holidays without prior authorization or constru Lion area in accordance with the M.U.T.C.D. unless otherwise specified in this permit. CDOT and Colorado Supplements. observed holidays remaining:Thursday,November 22, 2012 (Thanksgiving Day), Tuesday, December 25, WO' I R SAFETY AND HEALTH 2012(Christmas Day observed),Tuesday,January 1, 2013(New Year's Day observed),Monday,January 16, 10. All wo ers within the State Highway right of way shall 2013 (Martin Luther King, Jr. Birthday), Monday, comply with their employer's safety and health February 20,2013(Presidents Day),Monday,May 18, policie procedures, and all applicable U.S. 2013 (Memorial Day), Thursday, July 4, 2013 Occu.. ional 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, footwear,high visibility apparel,safety glasses,hearing 14. On three(3)day weekend holidays,the project shall be protection, respirators, gloves, etc.) shall be worn as shut down by 12:00 Noon on Friday,and not resume appropriate for the work being performed, and as prior to the following Tuesday morning. specified in regulation. At a minimum,all workers in the State 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 equipment: 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 ANSIZ41-1999; streetlights, concrete walkways, bike paths, asphalt, 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,ANSUISEA 107-1999,Class 2). 249-4392 Montrose. Where any of the above-reference ANSI standards 19. Should any excavation encounter plant or animal has 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 pertnittee must notify the CDOT inspector no less Office (970)683-6250 for guidance. than to (2) days prior to any work on highway 20. Permittee assumes all responsibility for any and all land right-ofaway. CDOT Inspector's name or alternate contact and phone number is on the permit. survey monuments within the permitted area of the right-of-way. If disturbed or destroyed,the permittee trflIlT r Tti14.,C..o.... n—.:-_a,ire 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 o p 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 bike/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 may be required at the discretion ofthe 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 like 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 • Colorado harmless from and against any loss of and/or company shall have any liability to the permittee for damage to the property of the State of Colorado,third such damage. parties or the permittee's facilities including loss of servic 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 y or growing out of the occupation of Colorado years due to improper construction, installation or State ransportatian rights-of-way the permittee's materials,permittee will be responsible for making all facilities or any part thereof, unless such loss and/or repairs immediately as notified. damage is the direct result of any willful and wanton act of the State of Colorado or its employees. 44. Should any permitted facilities be abandoned,permittee agrees to notify the CDOT Region office and remove 39. Permitt is prohibited from any illicit or non-storm any or all portions of such installation, as may be water charges that are prohibited by State Water designated by CDOT. Quality laws. If further information is necessary, CDOT hall provide a copy of the Environmental 45. The expiration date of this permit is noted on the Clearan es 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 Corps Engineers, Colorado Divisions of Wildlife, aPpy be required. U.S. Forrest Service, U.S. Bureau of Land 46. Use of the Trail shall be limited to bicycles, Managetnent, Colorado Department of Health & pedestrians, wheelchairs, and other non-motorized Environment, county health department, etc.)before users.No motorized vehicle use will be permitted,with commencing any work under this permit. Without the exception of motorized vehicles necessary for these cl arances&permits,this permit shall be not maintenance of the trail, motorized wheelchairs, in eff t. Permittee also agrees to assume all motorized bicycles, self-balancing personal respons ility and liability in connection with potential transportation devices (Segways) and emergency environmental hazards encountered in connection with vehicles and emergency access. its work tinder this permit.The permittee must show all environmental permits and clearances to CDOT(Utility 47. The Local Agency has determined that the entire Inspector or Environmental Officer) on request and bicycle/pedestrian trail is not a significant publicly prior to Construction. owned park,recreation area or refuge and therefore, Section 4(1)of the U.S.Department of Transportation 40. CDOT Need for Right of Way: The Department will Act does not apply. not replSce or relocate any landscaping placed within the right of way if CDOT has to have it removed for 48. The Local Agency is solely responsible for all any reason,but not limited to:safety,maintenance,and maintenance of the trail. The Local Agency shall be construction. solely responsible and liable for any and all claims, damages, liability and court awards including costs, 41. In the e'ent any changes are made to this highway for expenses and attorney fees,which arise as a result of any transportation purpose in the future that necessitate the acts of its employees or agents or their acts of removal'adjustment,or relocation of this installation, omission,if any,in designing,constructing,operating, permittee will do so promptly at no cost to CDOT or maintenance of the Project within the State's Right of except ads provide by law, upon written notice from Way.Nothing in this contract shall be construed as a CDOT. waiver by the State or the Local Agency of the provisions and protections of the Colorado 42. The permittee is responsible to ensure no damage Governmental Immunity Act, Section 24-10401, et occurs t existing utility and other installations that may seq.,C.R.S.,as now enacted or hereafter amended. be pr t on the State Highway right of way during landsca • g activities. CDOT reserves the right to issue 49. The Local Agency recognizes that the State must retain utility emits allowing installation of utilities in the the superior right to use the State's Right of Way for State Hi way right of way. The permittee shall not highway purposes and that the Local Agency's use of interfere with these installations which will take the State Right of Way, is at all times subordinate to precede ce over any landscaping activity.If any utility and subject to any and all current and future roadway installati n destroys a significant portion of the operations,maintenance and State highway needs and permitte landscaping, neither CDOT nor the utility i purposes, as determined by the State in its sole 51. Within 120 days after Local Agency issuance and State discretion. The State may revoke this license,and the acceptance of the Certificate of Final Completion,the Local Agency shall relinquish all use of the State Right Local Agency shall prepare and deliver to the State the of Way without any cost or liability to the State final sets of plans and specifications (the "As-built" whenever the State, in its sole discretion,determines plans) for the Project, based upon surveyor's data that the State Right of Way is required for any state maintained by the Local Agency. A copy of said plans highway purpose. Such revocation shall occur shall be made a part of this contract by reference. automatically within 180 days after receipt of written notice from the State that such Right of Way is needed 52. If for any transportation purpose it becomes necessary for current or future roadway operations,maintenance, to remove, adjust, or relocate the facility authorized or other State highway needs and purposes. pursuant to this Special Use Permit,Permittee will do so promptly,at no cost to CDOT,upon written notice 50. Upon satisfactory completion of construction of the from CDOT. The Permittee shall perform the Project, the Local Agency will issue to the State a relocation/removal work at or within a time convenient Certificate of Final Completion showing the date of to and in proper coordination with the project or final completion and certifying that the Project has been transportation related activity, to minimize public constructed according to the approved plans and inconvenience and cost, as directed by CDOT. The specifications.Determination of satisfactory completion Permittee shall pay for damages caused by the of the Project shall be made by the State in accordance Permittee's delay in the performance of the facility with the following procedures: relocation/removal work or interference with the performance of transportation work performed by A. Upon due notice from the Local Agency's project others. Such damages include,but are not limited to, representative of presumptive completion of the payments made by CDOT to any third party based on a Trail Project,the State's Inspector will participate claim that performance of the transportation project in an inspection of the Trail Project with the Local work was delayed or interfered with as a direct result of Agency and the Contractor. the Permittee's failure to timely perform the relocation/removal work. Damages resulting from B. If construction of those portions of the Project, delays in the performance of the facility within or affecting State Right of Way is found relocation/removal work or interference with the completed to the satisfaction of the State's transportation work that are caused by events beyond Inspector,that inspection shall constitute the final the Permittee's ability to reasonably foresee or control inspection and the State's Inspector will notify the (a force majeure)shall not be charged to the Permittee. Local Agency in writing of the State's acceptance 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. 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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, 27 elevations,sections, details, schedules and diagrams, and which have been prepared or approved by ENGINEER, and are referred to in the Contract Documents. EFF*CTIVE 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 sihall exercise his duties in conformance with the standards applicable to independent professional engineers. FIELj ORDER: A written order issued by ENGINEER or OWNER 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. NOT CE TO PROCEED: A written notice given by OWNER to CONTRACTOR(with a copy to ENGINEER) fixing the date on which CONTRACTOR shall start to perform the Work. O R: The public body or authority, corporation, association,partnership, or individual with whom CON RACTOR has entered into the Agreement,and for whom the Work is to be provided. PROJECT: The Eagle Valley Trail in Eagle Vail, Stonebridge Drive to Post Boulevard 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 OWNER 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 tnd 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 part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued,when 28 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 WORK;NOTICE TO PROCEED: 2.3 The WORK 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 Notice to Proceed is issued, and no Work shall be done at the site prior to that date. 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. 29 PRE-CONSTRUCTION CONFERENCE: 2.8 Withi twenty(20)days after the effective date of the Agreement, but before CONTRACTOR starts the Work at the s e, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish p cedures for handling shop drawings and other submittals, and for processing applications for payment, and o establish a working understanding among the parties as to the Work. ARTICLE 3-i CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1 The ontract Documents comprise the entire agreement between OWNER and CONTRACTOR cone ing the Work. They may be altered only by a Modification. 3.2 The ntract Documents are complementary; what is called for by one is as binding as if called for by all. If du ng 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 laffected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to rep rt any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actualpknowledge 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 constricted 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 s specifically called for. When words which have a well-known technical or trade meaning are used to des ribe 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 acq ire 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 ext nsions of the Project, or any other project, without written consent of OWNER and ENGINEER, and sp cific written verification or adaptation by ENGINEER. 30 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 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 31 proje4 t 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 (mended)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 o do business is terminated in any state where any part of the project is located, or it ceases to meet the r:•uirements of clauses(a)and(b) of paragraph 5.1, CONTRACTOR shall within five days thereafter subst ute another bond and surety,both of which shall be acceptable to OWNER. INSURANC:: 5.3 CON RACTOR'S Liability Insurance: The CONTRACTOR shall purchase and maintain such insurance as wi protect him from claims set forth below which may arise out of or result from the CON RACTOR'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 o 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 4fter 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 Employers Liability, including Occupational Disease $500,000 32 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. 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 33 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 Agre ment which is considered not to exceed one hundred percent(100%)of the amount of this Agreement and a thorized 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 O R 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 WNER'S option, any other person or persons whom the OWNER deems to have an insurable intere t in said property, or any part thereof,payable as their several interests may appear. CON RACTOR 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 O R 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. If any insurance company refuses to provi e the required notice,the CONTRACTOR or its insurance broker shall notify the OWNER of any mate ' 1 reduction of coverage or limits, cancellation, suspension, non-renewal or any insurance within seven 7)days of receipt of insurers' notification to that effect. CONTRACTOR and his Subcontractors shall of permit any of his Subcontractors to start Work until all required insurance has been obtained and certifi4ates 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 Ownet'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 Areement. Purchasing and maintaining such insurance,however, will not relieve the CO RACTOR 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 in ranee policies in any way related to this Agreement and secured and maintained by CON CTOR as required in this Article 5 shall include clauses stating that each carrier shall waive all rights f recovery,under subrogation or otherwise, against County, its agencies, institutions, organizations, office , agents, employees and volunteers. 5.12 O R shall be named as additional insured on the Commercial General Liability,Automobile Liability Insura ce and Completed Operations Liability Insurance policies. 34 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. 35 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 Proj e¢t 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 persoas 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 lie 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 followied 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 materiel 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 acceptability, and no substitute will be ordered or installed without ENGINEER'S and OWNER's prior written 36 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, 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 37 call*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 hamnless 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 coprights 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 Unle$s 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 ermits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees nece ary for the prosecution of the Work,which are applicable at the time of opening of bids. CO RACTOR shall pay all charges of utility service companies for connections to the Work, and O R 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 appli able to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance there ith, CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof, and any neces ary changes shall be adjusted by an appropriate modification. If CONTRACTOR performs any Wor 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 S ecifications and Drawings are in accordance with such laws, ordinances,rules, and regulations. TAXES: 1 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 Docuents, and shall not unreasonably encumber the premises with construction equipment or other mate is 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, CON'T'RACTOR 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 ik)ortions 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 endaner the structure,nor shall CONTRACTOR subject any part of the Work or adjacent property to stress or pressures that will endanger it. 6.23 CONTRACTOR shall be responsible for removing all water and or mud interfering with the Work. 38 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, 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 maybe liable, shall be remedied by CONTRACTOR(except damage or loss attributable to the sole fault of Drawings or 39 i 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 pievention 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 there o, CONTRACTOR, without special instruction or authorization from ENGINEER to OWNER, is oblig ted to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prom t written notice of any significant changes in the Work, or deviations from the Contract Documents caus thereby. SHOP DRA INGS 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 revie'the information as required. 6.32 CON RACTOR shall also submit to ENGINEER and OWNER for review and approval, with such prom tness as to cause no delay in Work, all samples required by the Contract Documents. All samples will h ve 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 they 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 Contr*ct 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 confoitmance 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 constriction, or to safety precautions of programs incident thereto. The review and approval of a separate item a 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 coordinated each s)iop 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. 40 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 and equipment,and the execution of work, and shall properly connect and coordinate his work with theirs. 7.2 If any part of CONTRACTOR'S 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 41 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 severel 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 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 may issue 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—jENGINEER'S STATUS DURING CONSTRUCTION OWNER'S R1PRESENTATIVE: 9.1 OWN) R'S representative during the construction period shall be the manager of the ECO Trails Department, or her designee(s),which includes ENGINEER for certain purposes as set forth in the Contract Docurlrents. 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 instaances 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 CONTIRACTOR,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 shell not be a waiver of ENGINEER'S responsibility for oversight of the Work. VISITS TO SITE: 9.2 ENG EER will make visits to the site at intervals appropriate to the various stages of construction to obsery the progress and quality of the executed Work and to determine, in general, if the Work is procee ing in accordance with the Contract Documents. ENGINEER will not be required to make exhaus ive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER'S efforts ill be directed toward providing for OWNER a greater degree of confidence that the completed Work ill conform to the Contract Documents. On the basis of such visits and on-site observations, as an 42 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. 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. 43 9.11 Whenever,in the Contract Documents, the terms"as ordered","as directed", "as required", "as allowed", or terns of like effect or import are used, or the adjectives"reasonable", "suitable", "acceptable","proper", or"s tisfactory", or adjectives of like effect or import are used to describe requirement,direction,review, or ju gment of ENGINEER as to the Work, it is intended that such requirement direction,review, or jud ent will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a spe ific statement indicating otherwise). The use of any such term or adjective never indicates that ENG ER shall have authority to supervise or direct performance of the Work, or authority to undertake respo sibility 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 persois at the site or otherwise performing any of the Work. ARTICLE 10 t-CHANGES IN THE WORK 10.1 Witholut invalidating the Agreement,OWNER may, at any time or from time to time, order additions, deletidns, 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 O R, or ENGINEER with approval of OWNER,may authorize minor changes in the Work,not invol 'rig 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. 10.5 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the rovisions of any bond to be given to the surety, it will be CONTRACTOR'S responsibility to so notify he surety, and the amount of each applicable bond shall be adjusted accordingly. CONTRACTOR shall rnish proof of such adjustment to OWNER. ARTICLE 11 -CHANGE OF CONTRACT PRICE 44 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 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 45 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 j 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. 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). 46 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 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. 47 ARTICLE 13—WARRANTY AND GUARANTEE;TESTS AND INSPECTION; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANT"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 CON'T'RACTOR. 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 O R, ENGINEER, ENGINEER'S representatives, other representatives of OWNER,testing agencies, and g vernmental 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 respo4sibility 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 icay all costs in connection with any inspection or testing required in connection with OWNER'S or ENG ER'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment propo ed 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 ork that is to be inspected,tested, or approved is covered without written concurrence of ENG ER and OWNER, it must, if requested by ENGINEER or OWNER, be uncovered for observation. Such covering 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. 13.7 Neither observations by ENGINEER or OWNER nor inspections,tests, or approvals by others shall relieve CON I$ZACTOR 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 ENGDTEER or OWNER,be uncovered for ENGINEER'S and OWNER's observation and replaced at CONTRACTOR'S expense. 48 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 DEFECTIVE 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: 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 49 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 mayi 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 ipossession of all or part of the Work, and suspend CONTRACTOR'S services related thereto,take poss ssion 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 reprOsentatives, 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 ibe 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 141—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 subdi ide the Work into component parts in sufficient detail to serve as the basis for progress payments durin 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 lea.t ten days before each progress payment falls due(but not more often than once a month), CON I RACTOR shall submit to ENGINEER and OWNER for review an application for payment filled out and si;; ed by CONTRACTOR covering the Work completed as of the date of the application,and acco •anied by such supporting documentation as is required by the Contract Documents, and also as ENG I EER or OWNER may reasonably require. If payment is requested on the basis of materials and equip ent not incorporated in the Work,but delivered and suitably stored at the site or at another location agree. to in writing,the application for payment shall also be accompanied by such data, satisfactory to OWN' R, as will establish OWNER'S title to the material and equipment, and protect OWNER'S interest therei , including applicable insurance. Each subsequent application for payment shall include an affidavit of COI TRACTOR stating that all previous progress payments received on account of the Work have been applies to discharge in full all of CONTRACTOR'S obligations reflected in prior applications for payment. The a il ount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACT Or'S WARRANTY OF TITLE: 14.3 CONT CTOR warrants and guarantees that title to all Work,materials, and equipment covered by any applic ion for payment,whether incorporated in the Project or not,will pass to OWNER at the time of 50 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, 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. 51 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 befor0 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 b3OWNER of completed portions of the Work may be accomplished prior to substantial completion of all Ore Work subject to the following: 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 52 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. 38-26-107.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 53 Documents, ENGINEER will, within ten days after receipt of the final application for payment, indicate in writi g 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 th0 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 accorhpanying 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 amouf nt 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 final 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. ARTICLE 15 SUSPENSION OF WORK AND TERMINATION OWNER MA'L'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 1 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 therefd'r 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, 54 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 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. 55 ARTICLE 10-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 Whei any period of time is referred to in the Contract Documents by days, it shall be calendar days and be com ted to exclude the first and include the last day of such period. If the last day of any such period falls on a aturday or Sunday, or on a day made a legal holiday by the law of the applicable jurisdiction, such day s all 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 conneiction 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. 56 eCO-trails ADDENDUM #1 EAGLE VALLEY TRAIL STONEBRIDGE DRIVE TO POST BOULEVARD Bidders shall acknowledge receipt of this Addendum #1 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. ALL WORK ON PARTS 2 AND 3, AS DESCRIBED BY STATION NUMBER IN SECTION 1.1 OF THE SPECIAL PROVISIONS, SHALL BE COMPLETED BY JUNE 1, 2014. 2. THE BID FORM IS REVISED AND ATTACHED. REVISIONS ARE SHOWN IN BOLD ITALICS. 3. THE FOLLOWING PLAN SHEETS ARE MODIFIED AS FOLLOWS, AND ARE ATTACHED. SHEET 4 Modified summary of approximate quantities. SHEET 10 Revised plan to delete retaining wall #1 and add fill slope and revised notes accordingly. Clarified vegetation trimming by Owner and rock removal by Contractor. SHEET 11 Clarified note that Owner will remove and dispose of existing concrete pad. SHEET 12 Clarified note that Owner will remove tree. SHEET 13 Deleted note about Contractor repair and modifying irrigation and added note that all sprinkler systems to be relocated by Owner. SHEET 14 Deleted note about Contractor repair and modifying irrigation and clarified note Owner to remove tree. SHEET 15 Added note Owner to trim all trees on Sunriver Frontage. SHEET 16 Add note Owner to trim trees. SHEET 18 Deleted retaining wall #1 profile and revised plan view to show fill slope. 59 J SHEET 21 Revised cross sections to reflect deletion of retaining wall #1. SHEET 23 Revised trail section 03+50 thru 31+40 to reflect deletion of retaining wall #1. SHOET 29 Revised trail crossing sign to call out 150 feet. SH ET 34 Revised revegetation plan to provide soil retention blanket. DISREGARD NOTE PORTION "OWNER TO PROVIDE SEED AND FERTILIZER". CONTRACTOR TO PROVIDE. ADDITIONALLY, NO MULCH WILL BE REQUIRED IN AREAS THAT ARE EROSION BLANKETED. SHE T 41 Removed viewpart showing storm sewer plan and profile and put storm sewer plan and profile on Sheet 42. SHEOT 42 Shows revised storm sewer plan and profile. END OF ADDENDUM NUMBER 1 60 BID FORM PROJECT IDENTIFICATION: EAGLE VALLEY TRAIL IN EAGLE VAIL STONEBRIDGE DRIVE TO POST BOULEVARD THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 500 Broadway Eagle, Colorado 81631 Mailing: ECO Trails Attn: Ellie Caryl, Program Manager P. O. Box 1070 Gypsum, CO 81637 Physical: 3289 Cooley Mesa Road Gypsum, Colorado 81637 1. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all work as specified or indicated in the Contract Documents for the contract price and within the contract time indicated in this bid and in accordance with the Contract Documents 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of bid security. This bid will remain open for thirty(30) days after the day of bid opening. BIDDER will sign the Agreement and submit the contract security and other documents required by the Contract Documents within fifteen(15) days after the date of OWNER'S Notice of Award. 3. In submitting this bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number (Receipt of all of which is hereby acknowledged) and also copies of the 61 1_. Advertisement of Invitation to Bid and the Instructions to Bidders; (b) BIDDER has examined the site and locality where the work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the work, and has made such independent investigations as BIDDER deems necessary; (d) This bid is genuine, and not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not, directly or indirectly, induced nor solicited any other bidder to submit a false or sham bid; BIDDER has not solicited nor induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other bidder or over OWNER. 4. BIDDER will complete the work for the following lump sum and unit prices: SEE EXHIBIT "A" FOR BID PRICES 5. BIDDER agrees that work will be completed on or before June 1, 2014 6. BIDDER accepts the provisions of the Contract Documents as to liquidated damages in the evlent of failure to complete the work on time. 7. The following documents are attached to and made a condition of this bid: (a) Required bid security in the form of a certified or bank check or bid bond. 8. Communication concerning this bid shall be addressed to the address of BIDDER indicated below: Phone Number 9. The terms used in this bid which are defined in the General Conditions of the construction contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBMITTED ON , 2013. li 62 If BIDDER is: An Individual By: (SEAL) (Individual's Name) Doing business as: Business address: Phone Number: 63 A Pa$tnership By: (SEAL) (Firm Name) (General Partner) Business Address: Phone Number: • 64 A Corporation By: (Corporation Name) (State of Corporation) By: (Name of Person Authorized to Sign) (Title) (CORPORATE SEAL) Attest: Business Address: Phone Number: 65 A Joint Venture By: (Name) (Address) By: (Name) (Address) (Each joint venture must sign. The manner of signing for each individual,partnership, and corporation that is a party to the joint venture should be in the manner indicated above) 66 EXHIBIT A EAGLE VAIL TRAIL IN EAGLE VAIL STONEBRIDGE DRIVE TO POST BOULEVARD Contract Item No. Contract Item Unit Quantity Unit Price Total 201-00000 Clearing and Grubbing LS 1 202-00155 Removal of Walls (landscape) LS 1 202-00210 Removal of Concrete Pavement SY 24 202-00220 Removal of Asphalt Mat SY 476 Removal of Asphalt Mat 202-00240 (planing) SY 141 202-05006 Sawcut Concrete LF 15 202-05026 Sawcut Asphalt Material LF 506 Unclassified Excavation 203-00010 (complete in place) LS 1 Embankment Material (complete 203-00060 in place) LS 1 Potholing w/Surveying of U/G 203-01596 Utilities LS 1 207-00205 Topsoil(4") CY 123 207-00210 Stockpile Topsoil (remove 6") CY 537 208-00007 Erosion Log(8-inch) LF 1025 208-00015 Sandbag(curb sock) EA 6 208-00050 Storm Drain Inlet Protection EA 3 208-00070 Stabilized Construction Entrance EA 6 210-00815 Reset Sign Panel EA 9 210-00858 Reset Pedestal (TV) EA 2 210-01130 Reset Guardrail Type 3 EA 77 210-04010 Adjust Manhole EA 4 212-00006 Seeding(native) AC 0.2 212-00050 Sod SF 2834 213-00004 Mulching(weed free straw) AC 0.2 213-00061 Mulch Tackifier LB 20 216-00037 Soil Retention Blanket(coconut) SY 123 304-06000 ABC (CL 6) TN 1043 403-34721 HMA (GR-SX) (75) (PG58-28) TN 453 504-03311 MSE Retaining Wall w/geogrid SF 131 506-00209 Riprap (9-inch) CY 4 Pedestrian Railing(steel) 514-00201 (special) LF 142 603-01180 18-inch RCP LF 169 604-13005 Inlet Type 13 EA 2 67 604-19105 ' Inlet Type R L5 EA 1 604-50062 Inlet Grate and Frame (vane) EA 1 606-01390 End Anchorage Type 3K EA 3 607-11525 Plastic Construction Fence LF 430 609-21020 Curb and Gutter Type 2, II-B LF 362 614-00011 Sign Panel (CL 1) LF 75 614-00044 Timber Sign Post 4x4 inch EA 29 Steel Sign Support (2" round) 614-01512 (post) LF 10 614-03001 Concrete Footing(type 1) EA 1 625-00000 Construction Surveying LS 1 626-00000 Mobilization LS 1 Thermoplastic Pavement Marking 627-30205 (word-symbol) SF 10 Thermoplastic Pavement Marking 627-30210 (xwalk-stopline) SF 96 Pavement Marking(word- 627-60000 symbol) GAL 3 Pavement Marking(xwalk- 627-60000 stopline) GAL 5 630-00012 Traffic Control LS 1 TOTAL 68 • = +t��- • m �,•.„ , ._ 4'1'0 . !�"'� ,�✓P ••Ill O W .tri E Cit Os u z T O n /a w a: L-,2 I,1t, ;r wN o ao No9 ig. 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H 411. =00 ` , r�� f E v ' \ / t -% ci We \ o px M U U aa1 vlv OZ ES IT£TOZ/lli 8'6mp alyo,d-,II w..015`,8T35YHdU1LSVIN\6mP\TOO-CLOD]\d ecot,alIc. . . NOTICE OF AWARD • August 29, 2013 Mark Painter Oldcastlle SW Group, Inc., dba United Companies of Mesa County PO Box13609 Grand Junction, CO 81502 Re: EAGLE VALLEY TRAIL IN EAGLE VAIL SITONEBRIDGE TO POST BOULEVARD You arelhereby notified that Oldcastle SW Group, Inc., dba United Companies of Mesa County has been selected as successful bidder on the above referenced project. Please submit two signed and notarized copies of the attached Agreement. The Agreement will be scheduled for signature at an upcoming Board of Eagle County Commissioners meeting. Please see the Agreement and Article 5 of the General Conditions for information regarding the submittal of the required Bonds and Insurance required prior to issuance of a Notice to Proceed. ECO TRAILS PROGRAM, EAGLE COUNTY GOV'T Ellie Caryl Owner's Representative CC: File ECO Trails the communities ofGypsum, Eagle,Avon, Vail,Minton),Red Cliffand E4gle County working together to create 4 regional trail system PO Box 1070 Gypsum CO 81637 (970)328-3523 • PAYMENT BOND Bond Number: 09133785 KNOW ALL MEN BY THESE PRESENTS,that we OLDCASTLE SW GROUP, INC. DBA UNITED COMPANIES OF MESA COUNTY 2273 RIVER ROAD, GRAND JUNCTION, CO 81502 , as Principal (the "Principal"), and Fidelity and Deposit Company of Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety(the"Surety"), are held and firmly bound unto Eagle County , PO Box 850, Eagle, CO 81631 , as Obligee (the "Obligee"), in the penal sum of Four Hundred And Nine Thousand Four Hundred Eighty Three And 75/100 Dollars ($409,483.75), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has by written agreement, dated , entered into a contract (the "Contract") with the Obligee for Eagle Vail Trail which Contract is by reference made a part hereof. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the Principal shall promptly make payment to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void;otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. A"Claimant" is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, who has not been paid in full before the expiration of a period of ninety(90) days after the date on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant, may sue on this bond for the use of such Claimant, prosecute the suit to final judgment for such sum or sums as may be justly due Claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any Claimant: (a) Unless Claimant, other than one having a direct contract with the Principal, shall have given written notice to the Principal and the Surety within ninety (90) days (or such lesser or greater time period as otherwise permitted by relevant law) after such Claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in separate envelopes addressed to the Principal and Surety. (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof,is situated,and not elsewhere. (c) After the expiration of one(1)year(or such lesser or greater time period as otherwise permitted by relevant law)from the date on which the Principal ceased work on the Contract. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against such improvement,whether or not a claim for the amount of such lien be presented under and against this bond. Signed and sealed this 03rd day of September, 2013 WITNESS OR ATTEST: _ a SW G OLDCASTLE SW GROUP, INC. 5:rA:?U "V..-„0'a,�r COMPANIES OF MESA COUNTY ; �Z';VO 0 i s°' SEW� 1; Principal 3 lit O i JP. By: %% a Rirchar.d, Umbel,'Pre di dent Name: Kyle Alpha Title: General Manager Fidelity and Deposit Company of Maryland (Seal) Surety BY: -- A $ -y-in-Fact PERFORMANCE BOND Bond Number: 09133785 KNOW ALL MEN BY THESE PRESENTS,that we OLDCASTLE SW GROUP, INC. DBA UNITED COMPANIES OF MESA COUNTY 2273 RIVER ROAD, GRAND JUNCTION, CO 81502 , as Principal (the "Principal"), and Fidelity and Deposit Company of Maryland, a corporation duly organized under the laws of the State of Maryland, as Surety(the"Surety"), are held and firmly bound unto Eagle County , PO Box 850, Eagle, CO 81631 , as Obligee (the "Obligee"), in the penal sum of Four Hundred And Nine Thousand Four Hundred Eighty Three And 75/100 Dollars ($409,483.75), for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has by written agreement, dated ,entered into a contract(the"Contract")with the Obligee for Eagle Vail Trail which Contract is by reference made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully perform the Contract,then this obligation shall be null and void; otherwise it shall remain in full force and effect. PROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT: 1. Whenever the Principal shall be, and be declared by the Obligee to be in default under the Contract, the Obligee having performed the Obligee's obligations thereunder,the Surety may promptly remedy the default, or shall promptly: 1.1 Complete the contract in accordance with its terms and conditions, or 1.2 Obtain a bid or bids from alternative contracts to complete the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Obligee, and make available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph of this bond. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal. 2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of release of hazardous substances of any kind or damage to real estate or to the environment or clean-up costs or other damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's agents, servants, employees, subcontractors or suppliers or any other person in connection with the performance of the Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release or threat of release occurs and without regard to any term of condition of the Contract. 3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee. 4. Any suit Under the bond must be instituted before the expiration of one (1) year from the date on which the Principal ceased to work on the Contract. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named herein or the heirs,executors,administrators or successors of the Obligee. Signed and sealed this 03rd day of September , 2013 WITNESS OR ATTEST: OLDCASTLE SW GROUP, INC. e, 46-‘‘‘COMPANIES OF MESA COUNTY �;o� le q- Principal or.) (Seal) - •• :0 ; SEAL G Q k• By: 10, •*••...••• r Richard Umbel -Pres i dent Name: Kyle Alpha N��\``"`r. Title: General Manager Fidelity and Deposit Company of Maryland (Seal) Surety BY: vis, Attorne - .ct SURETY ACKNOWLEDGMENT STATE OF UTAH } COUNTY OF SALT LAKE } SS On this 3RD day of SEPTEMBER, 2013, before me personally came TINA DAVIS to me known, who, being by me duly sworn, did depose and say that she is an Attorney-In-Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney-In-Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. z I , . Nota , Public M Notary Pudic a r . ,. x .k LISA HALL 1!(I. >y .i 3) Commission Number 60oav C e li'p l ;•;.;Cc:nmision Expire... m . March 13,2015 Y ae.n c5 ':;t-te of Utah 6 .w.E..,.....=:.--i c...cw.ur. - ter.:40 • • ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute,and appoint Tina DAVIS,Lisa HALL,Lindsey PLATTNER and Jessica ARNOLD,all of Salt Lake City,Utah, EACH its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland.,and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 11th day of May,A.D.2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND G;;;•a4i ci MRS , b ta ea +utE °.... tiff+ �* BY Assistant Secretary Vice President Gregory E. Murray Thomas O.McClellan State of Maryland City of Baltimore On this 11th day of May,A.D.2012,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN,Vice President,and GREGORY E.MURRAY,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ‘4‘;. 924 tie C 01.'4iii ritr `• Maria D.Adamski,Notary Public My Commission Expires:July 8,2015 II POA-F 020-8022W • II EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by writte instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, s ipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact t affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the and signed, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY D SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. i RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signatute and seal shall be valid and binding on the Company." This Power Of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May,1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of$ny power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manua#y affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 3RD day of, SEPTEMBER ,20 13. ti .f 1•o ?fir*C— ,nc�S O 9 11M i .zt O- $EAL x' a. .nt . t72�._.... S . James M.Carroll,Vice President II' Certificate of Insurance •THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.POLICY LIMITS ARE NO LESS THAN THOSE LISTED,ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT/LIMITS NOT LISTED BELOW. This is to Certify that Oldcastle SW Group, Inc.,dba n �'� — United Companies of Mesa County ADDRESS Liberty Mutual. PO O Box 3609 Grand Junction,CO 81502 OF INSURED pi, l� INSURANCE is,at the issue date of this certificate,insured by the Company under the policy(ies)listed below. The insurance afforded by the listed policy(ies)is subject to all their terms,exclusions and Conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate maybe issued. EXP DATE TYPE OF POLICY ❑CONTINUOUS POLICY NUMBER LIMIT OF LIABILITY ❑EXTENDED m POLICY TERM WORKERS 9/1/2014 WA7-C8D-004095-023 COVERAGE AFFORDED UNDER WC EMPLOYERS LIABILITY LAW OF THE FOLLOWING STATES: COMPENSATION ALL STATES EXCLUDING Bodily Inury byAccident WC7-C81-004095-013 MONOPOLISTICS STATES AND NY 4)1,000,000 Each Accident Bodily Injury By Disease WI $1,000,000 Policy Limit Bodily Injjury By Disease $1,000,000 Each Person COMMERCIAL 9/1/2014 TB2-C81-004095-113 General Aggregate GENERAL LIABILITY $2,000,000 m OCCURRENCE Products/Completed Operations Aggregate $2,000,000 ❑CLAIMS MADE Each Occurrence $2,000,000 RETRO DATE Personal&Advertising Injury $2,000,000 Per Person/Organization Other Other FIRE DAMAGE$100,000 PER PROJECT AGGREGATE Medical Exp-$5.000 AUTOMOBILE 9/1/2014 AS2-C81-004095-123 Each Accident—Single Limit LIABILITY $2,000,000 B.I.And P.D.Combined Each Person 0 OWNED ❑NON-OWNED Each Accident or Occurrence HIRED Each Accident or Occurrence OTHER Auto:Comp Ded$10,000/Coll Ded$10,000 EVIDENCE OF COVERAGE ADDITIONAL COMMENTS Re: Eagle Valley Trail in Eagle Vail Stonebridge Road to Post Boulevard Eagle County is named as additional insured. •If the certificate expiration date is continuous or extended term,you will be notified if coverage is terminated or reduced before the certificate expiration date. NOTICE OF CANCELLATION:(NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) t Liber Mutual BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: Eagle County Stan Esposito PO BOX 850 AUTHORIZED REPRESENTATIVE Eagle,CO 81631 Pittsburgh/0387 = 12 Federal Street,Ste.310 Pittsburgh PA 15212-5706 412-231-1331 8/26/2013 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as r�esspects such insurance as is afforded by those Companies NM 772 07-10