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HomeMy WebLinkAboutC15-117 Ewing Trucking and Construction, LLC Agreement AGREEMENT FOR SERVICES BETWEEN EAGLE COUNTY, COLORADO AND EWING TRUCKING AND CONSTRUCTON, LLC THIS AGREEMENT("Agreement") is effective as of the �r� � day of vi garn ,2015 by and between Ewing Trucking and Construction, LLC, a Colorado Limited Liability Company(hereinafter "Contractor")and Eagle County, Colorado, a body corporate and politic(hereinafter"County"). RECITALS WHEREAS,Eagle County requires services to repair and stabilize riverbank erosion at the Eagle Valley Trail (the"Project") approximately three (3)miles west of Gypsum, Colorado(the"Property"); and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS,this Agreement shall govern the relationship between Contractor and County in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and County agree as follows: 1. Services or Work. Contractor agrees to diligently provide all services, labor,personnel and materials necessary to perform and complete the services or work described in Exhibits A and B("Services" or"Work")which are attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than April 15th,2015 and in accordance with the schedule established in Exhibit A . If no completion date is specified in Exhibit A ,then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. 2. County's Representative. The Engineering Department's designee shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the 15th day of April,2015. 114- 4. Extension or Modification. This Agreement may be extended for up to three additional one year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties.No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by County for such additional services in accordance with County's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by County for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. County shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed$6,000.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s)to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County, if any, shall forthwith be returned to County. c. County will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. d. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after,nor shall any payments be made to Contractor in respect of any period after December 31 of any year,without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25,title 30 of the Colorado Revised Statutes,the Local Government Budget Law(C.R.S.29-1-101 et. seq.) and the TABOR Amendment(Colorado Constitution, Article X, Sec. 20). 6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the performance of any of the Services or additional services without County's prior written consent,which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement 2 Eagle County General Services Final 5/14 and no personnel to whom County has an objection,in its reasonable discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward County. County shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers' Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate limits. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the foregoing requirements is attached hereto as Exhibit C. ii. Contractor's certificates of insurance shall include subcontractors, if any as additional insureds under its policies or Contractor shall furnish to County separate certificates and endorsements for each subcontractor. iii. The insurance provisions of this Agreement shall survive expiration or termination hereof. iv. The parties hereto understand and agree that the County is relying on, and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. v. Contractor is not entitled to workers' compensation benefits except as 3 Eagle County General Services Final 5/14 CONTRACTOR: Ewing Construction and Trucking,LLC Attention: Bart Ewing PO Box 2303 Edwards, CO 81632 Telephone: 970-926-4735 Facsimile: 970-926-4736 E-Mail: bart@ewingtrucking.com 11. Termination. County may terminate this Agreement, in whole or in part, at any time and for any reason,with or without cause, and without penalty therefor with seven(7)calendar days' prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Contractor for Services satisfactorily performed to the date of termination. 12. Venue,Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 14. Other Contract Requirements and Contractor Representations. a. Contractor has familiarized itself with the nature and extent of the Services to be provided hereunder and the Property, and with all local conditions, federal, state and local laws, ordinances, rules and regulations that in any manner affect cost,progress, or performance of the Services. b. Contractor will make, or cause to be made, examinations, investigations, and tests as he deems necessary for the performance of the Services. c. To the extent possible, Contractor has correlated the results of such observations, examinations, investigations,tests,reports,and data with the terms and conditions of this Agreement. d. To the extent possible, Contractor has given County written notice of all conflicts, errors,or discrepancies. 5 Eagle County General Services Final 5/14 e. Contractor shall be responsible for the completeness and accuracy of the Services and shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The fact that the County has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care, skill and diligence applicable to contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and shall comply with the highest standards of customer service to the public. Contractor shall provide appropriate supervision to its employees to ensure the Services are performed in accordance with this Agreement. This paragraph shall survive termination of this Agreement. f Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. g. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between County and Contractor except that of independent contractor. Contractor shall have no authority to bind County. h. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes,rules and regulations. i. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. j. Contractor shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. 1. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. n. The signatories to this Agreement aver to their knowledge no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. 6 Eagle County General Services Final 5/14 o. The Contractor, if a natural person eighteen(18)years of age or older, hereby swears and affirms under penalty of perjury that he or she (i)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii)to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 15. Prohibitions on Government Contracts. As used in this Section 15,the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E-verify Program or other Department of Labor and Employment program("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement 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. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. 7 Eagle County General Services Final 5/14 e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] 8 Eagle County General Services Final 5/14 IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: Brent McFall, ounty Manager CONTRACTOR: EWING TRUCKING AND CONSTRUCTION, LLC BY: 9 AL___ ` A Print Name: / Z7 I Il '61 Title: 01. 6 9 Eagle County General Services Final 5/14 EXHIBIT A SCOPE OF WORK AND SCHEDULE OF FEES Scope of Work: 1. Description of the Work and General Requirements: a. Place boulders per design plans to repair eroded river bank below Eagle Valley Trail retaining wall, located approximately 3 miles west of Gypsum,Colorado. b. Boulders to be provided by Eagle County within 500 feet of work area and one week prior to start of work by Contractor. c. Contractor to excavate,seat and stabilize boulders as detailed in USACE Nationwide Permit Pre-Construction Form(see#3 below). d. Estimated work quantity is 55 linear feet using 80 cubic yards of material, in two courses or as determined in field. 3 to 5 foot boulders will be placed at base and smaller boulders and rocks keyed in to support the paved trail above. 2. Contractor will comply with all conditions associated to the CDOT Special Use Permit issued to the Eagle County issued for the Gypsum to Dotsero trail, attached as Exhibit D. 3. Contractor will comply with all conditions associated to the USACE Nationwide Permit Pre-Construction Notification attached as Exhibit E and the final permit conditions, upon issuance(pending) 4. Contractor to procure permissions for any access or work zones outside of the CDOT permit area (Highway 6 right of way)that Contractor believes are necessary for the work method proposed. Any additional permits, costs, liabilities and restoration associated with the use of areas outside of the CDOT permit area are solely the Contractor's responsibility. Contractor to provide information about additional work zones,methods, permits and other pertinent information to Eagle County prior to commencement of the work. 5. Contractor hereby assumes all responsibility for any damage to utilities and shall promptly repair and restore any damaged utilities at its sole cost and expense. 6. Contractor to coordinate with Eagle County and provide a minimum of 48 hours' notice. 7. Contractor shall provide necessary traffic control when accessing off/on US6. 8. Construction safety is sole responsibility of Contractor which shall include,but not be limited to, compliance with safety laws,regulations and standard practices. County is not responsible for monitoring or assuring Contractor's compliance with safety laws,regulations and standard practices. EXHIBIT 10 Eagle County General Services Final 5/14 9. Work will occur Monday through Friday only,between hours of 7:00 a.m. and 4:00 p.m. and will not occur if weather is rainy, snowy, ice or slippery on any work surfaces or adjacent trail or roadway. Cost of Work: 1. Cost of all work described herein, inclusive of labor, equipment, $6,000.00 materials other than that provided by County. Total Cost $6,000.00 11 Eagle County General Services Final 5/14 4) a 0 0 U 0 z a U E d 1 oa , N d n 9 E -q Z w z I N N z(„-6, J 1 d _ U § 1 N x N O O NJz w¢¢ 4. w >w Z Z OOo UO� o � 0 0 - O z w o0o a w Z = N ` C N F" a U P4 UW� C7 ¢" s W a H OS �m�W ,>,'�o� W U �O�c�v O U M F-I FW-� � y; w O O Ln w d i o t' cp w i. O i 0:Ott: 1 # W _` ty 4 o(vim � WLJ U y1i t N aw r `°:' ''F 0000 ay� ` a o `11.• ¢ I iet. 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LLY'�K 3 7W6" O 3 I r Migrpt,u11. AV, z a, > 0 I'sf I I I I I I I NO F8 J O O O 7 o < O O° r N a n l I N CO O� I CO WU " Elevation 3 am0N,a W S g'a .n w d N o 6c OQ Ja wO O 6< 00 o �rcv °o N �z N a. X90 I I I I umiE I I I, `�' '. 3m0 r7n 3 O �o �I/ ' i, of �,' c < W F< U 'te Z Z FFZ D .,,1 <F< = W Q (AP 1 Z3� l �\ O XQ K I/ ©\ I z o 0 rc re W in g Y O i t o O '1 I I I I I I II C Zo < O O O lV c F' , O O o R U CO N `� E a CO CO z m E En Z 0 2 o 0 o t N Elevation •k g _ _ ,>‘''' ft m o 1J A`°R°® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 3/16/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT Tonya Raymond Moody-Valley Insurance Agency, Inc. PHONE (970)248-8300 WC.No.Ext): A/C.No): (970)242-1894 760 Horizon Dr, Suite 302 EMAIL trayrnond@moodyins.com ADDRESS: I'm ins.com y INSURER(S)AFFORDING COVERAGE NAIC# Grand Junction CO 81506 INSURERA:Cincinnati Insurance Companies INSURED INSURERS:Pinnacol Assurance 41190 Ewing Trucking and Construction, LLC. INSURER C: PO Box 2303 INSURERD: INSURER E: Edwards CO 81632 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 with forms 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 ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea oN urrence) $ 100,000 A CLAIMS-MADE X OCCUR X EPP0171971 1/1/2015 1/1/2016 MEDEXP(Anyoneperson) _ $ 5,000 Additional Insured PERSONAL BADV INJURY $ 1,000,000 Endorsement per GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: Form GA233C00511 PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO- JECT LOC attached $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED EBA0171971 1/1/2015 1/1/2016 AUTOS AUTOS X 1/2015 1 / BODILY INJURY(Per accident) $ X HIRED AUTOS X NERTY DAMAGE _ AUTON O-S OWNED PROPERTY (Per accident) $ Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 EPP0171971 1/1/2015 1/1/2016 $ B WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N X TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ 1,000,000 (Mandatory in NH) 1856142 1/1/2015 1/1/2016 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Cargo EPP0171971 1/1/2015 1/1/2016 $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are Additional Insureds under the commercial general liability and automobile liability policies of insurance. limmoin Jill, a CERTIFICATE HOLDER CANCELLATION eva.wilson@eaglecounty.us SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Eagle County ACCORDANCE WITH THE POLICY PROVISIONS. 500 Broadway Eagle, CO 81631 AUTHORIZED REPRESENTATIVE Tonya Raymond/TONRAY I ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025 r?rnnnnt nt The scrum Hama mnri Inns arc ronicfororl mmrlrc of ArflPll __` COLORADO DEPARThtETDFTRA !PORTATION N N SPECIAL USE PERMIT s # ' [TYPE: Constar i p,RO i xam EAGLE COUNTY ECO l RA1LS DEPARTMENT DEPARTMENT• %MY ®Ba Ctiryl 1 lamed 11/n2012'' Address:PO Box 1070 Pamitit 3120353-s Mile** Gypsum,CO 81837 070 FR 13525 Rego 0$ 131.55 Telepbooe:(970)0Zt1.?1023 Section 02 Petrol i7ZTaimyr/Laver myna TO PERbUTTEE:Far patiergrond faeltfy baba iafarscttloa,costae!the Maly Noti ldtfoa Cater mtCofarsda(IW Cq.Panaaat to 9.1.5403 CRS toe shall sat mane or begis abrades wigwag Mt uiiKjtag tie UNCC bad V ameasut,the Wiles lo the arts end neshadea.Nathigtt(sa shall sib be given to the CDOT regiead ao `tier a �°� aSpeeis Amid=Nuke of the amatescement,=feat sad dint*otthees aradeo week sheebegh�att least tt Mike, `d �to6Permlt►aapeeiy •lacteal aaHee.TbaUNCC ahay be Bated•t 1400932 7•MOT may be caTIcd at(970)633.4271. prr� amt lethal;fheRay AC1I1'11YDESCRIPTION(Fnrolabed*rermittee) PURPOSE Qlastaitatiaa Q Adjustment (]Renton,! Q Milatcaanoe ofesistl°g Facility FAOLI Y(Type,size,data oftrsrtsminaar,design pressure or etc.) DESCRIPTION OF WORK Construct paved multi-use trail for public use(Gypsum to Dotsoro Trail Sectlonl NATURE OF INSTALLATION Q LAafifodinel Imo) 0 Transverse(Crensini) 0 Balled C AerleyOmbad-mounted QAtt cb.To Hwy.Str.No. LOCATION: $auttt&Id9 of 1-70 FR Cutudr-Mak Cltyfrowa .Project Info: phi ADDTIIOAIALREMARKS PLEASE REVIEW&COMPLY WITH THE ATTACHED"LATE FALL.WINTER a SPRING SPECIAL PROVISIONS FQR WORK IN COOT RIGHT OF WAY" SPECIAL PROVISIONS(compieted by the Department) The Spy Previsions us terms and eoadid iris of Ibis permit.. _ Any work she only be in acoordaneb with the approved plan and special provisions is set forth' In fhb permit and its attachments, The COOT fe.pectaris Cary Gtille 2M2 Telephone: 0701384-3388 Wodclstobecompicledemorttefoee� Jul 15.2015 or within Pax:(97016?dfi6 6 Weals tetcdatcdoos:. ,(n applicable) ceri.arifFnesiata.co.us ±, DAYLIGHT HOURS ONLY.NO WENDS DR HOLIDAYS Designated minimum cover is WA Designated orerbead ciaaynrs Is„N/A (ALSO 8FE ATTACHEDSTANDARD PROYSIONST ANpwpp(nONAL SPECIAL PROVISIONS),(TRAFFIC CONTROL MUSTCONFEEM TO THE MIT CT1) Other:FIELD INSPECTOR SHALL BE NOTIFIED 48 HOURS PRIOR TO BEGINNING WORT(OR PERMIT IS VOID UNLESS PRIOR APPROVAL IS OBTAINED Penalise Is prohibited from commencing say work within plan exhibit,insurance eertIRcate(s),sad hallo control n Most b ROW prior o m issuance da work.rk.filth risibility and validated ared permit.at sit Hines durlsg world boars, �°seas ire available on slue s=hi=t work. rblbilily rest,are required at ail L Year mend es use sad*seamy state highway system*di or way is described stare b granted subject to the ter=n sad eoaditlon or this pawdt, badoelleg the Stsadard and lipoid?whim a shows on tie permit and di atbehmeeis her*. L Ts the e,ing mdbodsed by low,PemUtee hereby amines,rdases and far ts Jade= and=pint.ay tau asdlar damages to the pro of de Stab ercaloeie third mor die=d' sad we a=State ergo harmless oc elid=e,d sr death W person umaocp recd et soy dad,a used I or or t e as dillies,Cd�duo St infer may ai ems i Peratiliee►s(lades or pre{ notarise 6eiita,°boat sack Ism and/or ►ad a irate ormy hiulsteaaeee t�perstln,�or rowel or Wahl; dosage Mims bum the sole aegtbgmee or wind tardaetdthe tldfe efCeloesde=rile er 3.Islam by the Perwtltee to amply with say elk!ad=ded trams or amebas ay nJe Mb permit to mpadga or nmedlsfea,at the dstretfoa of te DeparmntorTraa portatee 4 THIS PERkUT LS NOT VALID UNTIL FULLY ENDOUSED BY ALL P Wrflb DAZE OF ISSUE AFFDCED ley AN AUK REPRESENTATiVE OF THE DDART Pyr. A FULLY i I CUrED COPY OF THIS PERMIT MUST BE ON FILE AT THE TRANSPORTATION REGION DEPICT. a she b this Pam the'ad` s`d►repr ales Permitia,mipa that be sr lie has the aotheri d atdastsads sad accepts all the bathed madanc h dp tartisd cod the Pen3ttee,sod li=lac or .Attested t Date l S Date Title Ngdrt@ --------------------�.... ..._�_.__.. 1 TIUs — �5 i e— Cv4�C 7/2,:7:147 lPrint Name: EiL.E J c'_;.c� COLORADO DEPARTMENT TRANSPORTATION 1 Reow i0/� Data Chief Engleissr 1 { : Mk lOoe al Transportation DlretaoTarDe,I neel'7-Zz iy .., PenNtlrerAppikwrt inspector Ms Pater Soper. 17.2 Tammy teaper CDOTFoon#120.9 01A79 Prsblom versions we obsolete sod should not he Nat! ECHIBIT `D + • STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic&Safety Utility Pernik Se 2 r4-- 22 South 6"'Street,Room 140 ction OT Grand Junction,Colorado 81501 (570)683.6271 . °� LATE FALL, WINTER AND SPRING SPECIAL PROVISIONS FOR WORK WITHIN CDOT ROW It's that time of year again when work within the Right of Way (ROW) becomes a special concern. Due to Northwest Colorado's unpredictable weather, work in the ROW can create several types of hazards for the traveling public, contractors, and their personnel. The condition of the highway c change quickly. Mud tracked onto the highway by g Y an snowpack are just a few of the conditions that make the roadway m e and hazardous for all concerned. The terrain within the ROW must be kept clear of hazards as well. Holes, trenches, equipment and materials can make "`unrecoverable" for a driver should his/her vehicle leave the hi the terrain Activities must be shut down %%h( n the road %ay is other than dry.a . 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. try y 1 � _ i/ r� tlr� ��, STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic and Safety girt U ty permIt Section 222 South 6°1 Street,Room 100 Grand Junction,Colorado 81501 (970)6836288 FAX (970)683-629(} .` 120353-S Permit No 070 FR Highway No 135.25-137 55mm Mile Marker 2WIARY2 Patrol No S_ PECIAL PROVISIQNS FOR UTILITY INSTALLATIONS PEDESTRIAN&BIKE PAT TUE SPECIAL PROYSIONS ARE TERMS AND CONDfOta OF MIS PERMIT CDOT IS NOT A UNCC MEMBER AND UNCC WILL NOT LOCATE CDOT FACILITIES. PERMITTED WORK REQUIRES PERMITTEE OR CONTRACTORS TO CONTACT CDOT(970)24 - 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 PERM FROM 15 NOVEMBER CDOT INSPECTOR ON THE PE IT HAS APPROVED OF THE TO P INSTALLATION DURING THIS S T. . FRAME REPAIRS ARE EXEMPT. REVIEW & COIVIPLY WITH E ATTACHED"SPECIAL PROVISIONS SPRING". WINTER TRAFFIC CONTROL 1. The complete permit for this work,including approved Colorado Department of Transportation safety ty ofntrac CDOT is employees,isk. or integrity of the be know as CDOT or the Department) t,tiara(to property of CDOT is at risk, construction and traffic control plans,will be kept at 4 All work shall cease when weather creates a safety the work site at all times.The permlttee is responsible hazard for the traveling for providing traffic control plans that conforms to wet enough to leave or public eat marks, ditch is and meets the requirements ofthe Manna]MI Uniform 11TIftc petrol Devices fief TCD)and the 5. Advanced warning gm, Calorafdn srmnle�nrtntc g�d construction signs, barricades and flag people must conform to the 2. To meet conditions encountered in the field,minor Manual on Uniform Traffic Control Devices, changes or additions may be ordered and wokrsdo Supplements,and must be in place before the CDOT Field Inspector. approved b y work starts each day. 3. All CDOT employees shall be considered as 6. Any advance signs not in use for a particular inspectors COOT when the s she of the ns de r n activity shall be removed,placed outside of the clear g Pubes zone,or laid flat at kart 4'from the edge ofthe cluvr lands shoulder and not on landscaped areas or sidewalks. Where any of the above-reference ANSI This applies to both signs and structures. standards have been revised,the most recent 7. All flagging personnel must be certified and have version of the standard shall apply. their certification cards available for inspection at any time. Ctl.,— UCTjON 8. Lane closures must be as short as passible and as per I I. The permiuee must notify the CDOT inspector no the MUTCD. Flaggers are required for each lane Dell than two C days spec to any me or al highway closure. Advance warning signs must be placed as contact andy, one number mber Is name r alternate per MUTCD. Ad temporary traffic control signs contact and phone number Is on the permit shall be removed,covered or laid on the ground during non-working hours. 12. No work shall proceed beyond the expiration date specified on the permit without written approval of 9. Two-way traffic shall be maintained at all times in the the Department construction area in accordance with the M.U.T.C.D.and Colorado Supplements, 13. Na work shall be permitted at night or on Saturday, Sunday,or holidays without prior authorization or WORKER SAFETY 4ND HEALTH unless otherwise specified in this permit.CDOT observed holidays remaining;Thursday,November 10. All workers within the State I4i tva right t of way 22,2012(Thanksgiving Day),Tuesday,December Y 5,2012(Christmas Day observed),Tuesday, shall comply with their employer's safety and health January 1,2013(New Year's policies/procedures,and all applicable U.S. Monday,January 16 2013 observed), King,, Occupadanai Safety and Health Administration ny � (Mar,2 Luther se is Jr. (OSHA)regulations-including,but not limited to the Birthday),Monday,February 20,zp[2(Presidents applicable sections of 29 CFR Part[910-Occupation Day),Monday,May 18.20[3(Memorial Day), Safety and Health Standards and 29 CFR Part t 926-n rn�ay'July 4,2013(Independence Day), Monday,September 2,2013(Labor Day),Monday, Safety and Health Regulations for Construction. October 14,2013(Columbus Day),Monday, Personal protective equipment(e,g,head protectia November 11,2013(Veteran's Day observed), Personal protective visibility e p apparel, n, Thursday,November 28,2013(Thanksgiving Day), ty pF ,safety glasses, Wednesday, (Christmas Da bearing protection,respirators, y,December 25,2013 C yj gloves,etc.)shall be worn as appropriate for the work being performed, 14. On three(3)as specified in regulation. At a minimum,all ( )day weekend holidays,the project shall workers in the State Highway be shut down by 12:00 Noon on Friday,and not when in their vehicles,shall wear chef o o,except • resume prior to the following Tuesday momitr following 'd°Y 8- personal protective equipment: 15. Work hours for this permit are from one hour after • Head protection.that complies with the sunrise to one hour before sunset,unless otherwise P stated in the permit. ANSI Z89.11997 standard; At all construction sites or whenever there is 06, P public at all times when work is being donee traveling® danger of injury to feet,workers shall comply with OSHA's PPE requirements for 17. Forty-eight(48)hour notification must be given for foot protection per 29 CFR 1910.136, the underground location of CDOT owned facilities. 1926.95,and 1926.96. ifrequired,such Phone(970)683-6271. footwear shall meet the requirements of ANSIZ41-1999; 13. Any damage to highway facilities.such as traffic • Hi visibility a lights,streetlights,concrete walkways,bake paths, tY pparel as specified in the asphalt,signing,etc,shall be repaired and reported Traffic Control provisions of this permit(at immediately and notification must be given to the a minimum,ANSUISEA 107-1999,Class 2). CDOT Inspector or contact CSP Dispatch-970-824- 6501 Craig&970-2494392 Montrose. rrtrrr7.:14, C...ww n-..4aiIna 19. Should any excavation encounter plant or animal 24. No highway,roadway, fossils,the remains of historic or prehistoric ,unless bike specified path(asphalt)n the p (concrete)will be cut unless cified on the pettnit. structures,historic or prehistoric artifacts(bottle � dumps,charcoal from subsurface hearths.pottery, 25. AU backfill is subject to AASHTO standard potsherds,stone tools,arrowheads,etc.),the compaction T-99 or T-180 as appropriate. operation shall cease at once and the permittee shall Compaction and materials testing may be required at contact the CDOT Environmental Office (970)683- the discretion of the De 6250 for guidance. Department of Transportation. Flow dill shall be used for all parallel installations 20. Pemuittea assumes all within 6 feet of the asphalt. responsibility for any and all land survey monuments within the permitted area of 26. Material removed from any the right-of-way.If disturbed or destroyed,the must be replaced in like kind withegouaiborb�way peratittee beats full cost for replacement. compaction.No segregation of materials will be Construction may need to be re-muted to avoid permitted. disturbing High Accuracy Reference Network Survey Land Markers Direct any questions within five(5) 27. All pavement markings removed or damaged during days prior to construction to:Region Survey the utility installation will be replaced. Coordinator,222 South 6i°St.,Room 317,Grand Junction,CO 81501 at 970-683-6230. 28. Areas ofroadway and right-of-way disturbed during 21. if this installation will be restored to the original petroleum or other potentially hazardous material is contour and condition by grading to drain,top soiled. encountered during excavation,work shall cease fertilized,mulched and reseeded with approved immediately.The proper disposal of any soils or material at specified other material determined to be hazardous and/or "certified tfiied w ed Mulch, a fertilizer iner contaminated by fugitive and seed shall be certified weed free". Refer to excavated during the petroleum uncovered or Section 212&2I3 of the"Colorado Department of g performance of utility Transportation Standard Specifications for Road construction shall be the sole responsibility nd Bridge Coustrucdan". Copies of weed free Utility and shall be accomplished In accordance the all applicable Federal,State and Local laws and certification may be required by CDOT Regina 3 regulations.Such clean up and permit section. p disposal shall be at no cost to CDOT. 29. No equipment or materials will be allowed on the 22. All construction vehicles,delivery main lanes or the roadway during const uction. es, very vehicles and traffic control vehicles shall be equipped with flashing 30. MI work and materials to meet or exceed the most directionsamber/yellow w beacons,which are visible from all current issue of the"Colorado DeparAnerrt of Only construction vehicles involved in Transportation Standard SpecJZcations for Road the construction are to be at the work site. It is and Bridge Construction"&Colorado Department important to limit the number of extraneous vehicles of at each work site Staging areas shall be pre- Standards".Transportation Standard Pieria-M S approved. 3 I. All drainage facilities shall be constructed in such a 23. Staging and material storage areas,within the right of fashion not allow water to stand on any portion Ey must be pre-approved and beyond the clear zone. of highway right of way. Employee parking within the right of way shall be restricted and shall not be allowed,except in pre- 32. No landscape hems such as railroad ties,large rocks, approved contractor staging areas and beyond the timber,eta shall be placed within 30 feet of edge of clear zone. The only vehicles allowed within the the asphalt. highway clear zone are the construction vehicles necessary for the operation,such as the Inspector, 33. No signs or structures of any kind shall be erected on Superintendent,Mechanic and Supervisor. Parking highway right of way without CDOT approval. along the shoulder of the highway is not allowed. Contractor utilizing private property for material 34. It is understood that the Colorado Department of storage and staging areas shall fiuntish CDOT with Transportation reserves the right to enter the documentation that permission has been obtained from the property owner. ('f AT 111414.0.s...,.,.,,r, ,,... ' b e/pedestrian area to perform maintenance activities the right f at any time and without prior communication, of way if CDOT has to have It removed for any reason,but not limited to:safety,maintenance, promptly and construction. 35. Unacceptable work shall be p ptly remaved end replaced in an acceptable manner.Final acceptance 41. In the event an changes does not relieve pennittee of maintenance obligations Y gas are maee to this highway for toward those elements of the highway facility transportation purpose in the future that toward those under this of the[. ty necessitate removal,adjushnent,or relocation of this installation,permittee will do so promptly at no cost 36. All procedures and work are subject to CDOT to CDOT except as provide by law,upon written approval. notice from CDOT. 37. All work to be as 42. The permittee is responsible to ensure no damage per permit and submitted plans. occurs to existing utility and other installations that MISCELLANEOUS may be present on the State Highway right of way during landscaping activities. COOT reserves the 38. The omitted hereby right to issue utility permits allowing installation of pe ereby assumes,releases and agrees to utilities in the State Highway right of way.The indemnify,defend,protect and save the State of permittee shall not interfere with these installations Colorado harmless from and against any loss of which will take precedence over any landscaping and/or damage to the property of the State of activity.if any utility installation destroys a Colorado,third parties or the permiuec's facilities significant portion of the permitted including loss of services,loss and/or damage on neither CDOT nor the utility company shall hav account of injury to or death of an liability to the permittee for such damage. have any whosoever,arising at any time,caused by or out of the occupation Y growing t�aation of Colorado State 43. If any element of the highway facility,constructed or Transportation rights-of-way the pemtittee's Facilities replaced as a condition of this permit fails within two or any part thereof,taxless such loss and/or damage is years due to improper construction,installation or the direct result ofany willful and wanton act of the materials,permitter will be State of Colorado or its employees. iesponsble for making all repairs immediately as notified. 39. Permittee is prohibited from any illicit or non-storm 44. Should any permuted facilities be abandoned, water discharges that are prohibited by State Water permittee agrees to notify the CDOT Region office Quality laws. If further information is necessary, and remove any or all portions of such installation,as CDOT shall provide a copy of the Environmental may be designated by CDOT. Clearances Summary. Peimittee agrees that it shall be responsible for obtaining all necessary 45. The expiration date ofthis permit is noted on the environmental clearances and permits from all permit. Any request to extend the time one of this agencies(U.S.Army Corps of Engineers,Colorado permit shall be made in writing. Submittal of an Divisions of Wildlife,U.S.Forrest Service,U.S. additional permit application may be required. Bureau of Land Management,Colorado Department of Health&Environment,county health department, 46. Use of the trail shall be limited to bicycles, etc.)before commencing any work under this permit pedestrians,wheelchairs,and other non-motorized Without these clearances&permits,this permit users.No motorized vehicle use will be permitted, shall be spot in effget.Perroittee also agrees to with the Use of the Trail shall be limited to bicycles, assume all responsibility and liability in connection pedestrians,wheelchairs,and other non-motorized with potential environmental hazards encountered in users.No motorized vehicle use will be permitted, connection with its work under this perntit.The with the exception of motorized vehicles necessary pennittee must show all environmental permits and for maintenance of the trail,motorized wheelchairs, clearances to CDOT(Utility inspector or motorized bicycles,self-balancin Environmental Officer)on request and prior to g personal construction. transportation devices(Segways)and and emergency vehicles and emergency access. 40. CDOT Need for Right of Way:The Department will 47. The Local Agency has determined that the entire not replace or relocate any landscaping placed within bicycle/pedestrian trail is not a significant publicly owned park,recreation area or refuge and therefore, completed to the satisfaction of the State's Section 4(f)of the U.S.Department of Transportation Inspector,that inspection shall constitute the Act does not apply. final Inspection and the State's Inspector will n notify the Local Agency in writing of the State's 48. The Local Agency cy is solely responsible for all acceptance of the Project as of the date of the maintenance of the trail. The Local Agency shall be final inspection. solely responsible and liable for any and all claims, damages,liability and court awards including costs, C. If the inspection discloses any work,in whole or expenses and attorney fees,which arise as a result of in part as being unsatisfactory,the State's the acts of its employees or agents or their acts of Inspector will give the Local Agency directions omission,if any,in designing,constructing, for correction of same,and the Local Agency operating,or maintenance of the Project within the shall direct its contractor to implement the State's State's Right of Way.Nothing in this contract shall be directions subject to the provisions of paragraph construed as a waiver by the State or the Local 211.of this contract. Agency of the provisions and protections of the Colorado Governmental Immunity Act,Section D. Upon correction of the work,another inspection 24-10-101,et seq.,C.R.S.,as now enacted or will be made which shall constitute the final bereafier amended. inspection provided the work has been satisfactorily completed. In such event,the 49. The Local Agency recognizes that the State must State's Inspector will notify the Local Agency In retain the superior right to use the State's Right of writing of tbe State's acceptance of the Project as Way for highway purposes and that the Local of the date of the final inspection. Agency's use of the State Right of Way,is at all times subordinate to and subject to any and all current and E. Final acceptance by the State under this future roadway operations,maintenance and State paragraph does not waive any State legal rights highway needs and purposes,as determined by the contained herein. State in its sole discretion. The State may revoke this license,and the Local Agency shall relinquish all use S I. Within 120 days after Local Agency issuance and of the State Right of Way without any cost or liability State acceptance of the Certificate of Final to the State whenever the State,in its sole discretion, Completion,the Local Agency shall prepare and determines that the State Right of Way is required for deliver to the State the final sets of plans and any state highway purpose. Such revocation shall specifications(the"As-built"plans)for the Project, occur automatically within 180 days after receipt of based upon surveyor's data maintained by the Local written notice from the State that such Right of Way Agency. A copy ofsaid plans shall be made a part of is needed for current or future roadway operations, this contract by returnee. maintenance,or other State highway needs and purposes. 52. if for any transportation purpose it becomes necessary to remove,adjust,or relocate the facility authorized 50. Upon satisfactory completion of construction of the pursuant to this Special Use Permit,Petmittee will do Project,the Local Agency will Issue to the State a so promptly,at no cost to CDOT,upon written notice Certificate of Fmal Completion showing the date of from CDOT. The Permittee shall perform the final completion and certifj+ing dint the Project has relocation/removal work at or within a time been constructed according to the approved plans and convenient to and in proper coordination with the specifications.Determination of satisfactory project or transportation related activity,to minimize completion of the Project shall be made by the State public inconvenience and cost,as directed CDOT. in accordance with the following procedures: The Permittee shall pay for damages caused by the Permittee's delay in the performance of the facility A. Upon due notice from the Local Agency's project relocation/removal work or interference with the representative of presumptive completion of the performance of transpo tation work performed by Trail Project,the State's Inspector will participate others. Such in an inspection of the Trail Project with the C include,a,but are not limited to, Local Agency and the Contactor. payments made by CDOT to any third party based on ..� a claim that performance of the transportation project work was delayed or interfered with as a direct result B. If construction of those portions of the Project, of the Permktee's failure to timely perform the within or affecting State Right of Way is found relocation/removal work. Damages resulting from r nrrr T 1411 4.,C.......n ,a. delays in the performance of the facility relocation/removal work or interference with the transportation work that are caused by events beyond the Permittee's ability to reasonably foresee or control(a force majeure)shall not be charged to the Pennittee. petrel.r taus.,c....., n.= x eft* , . I" ,r k in 4 .c 411 V' 12 1 g $15 ir5;24 t "IZI g 0 i4 0 0 X i 01 1. a 1 1 '12 Tol .- 0 2 1 214 ...a .= .s 8 ii ] f. 0 I sg. sE5 a 0 i .c1 4 — i o v 0 a a < a a 1 ahl6 I 0) 0 f, 3. 1 4-1.. = 1. — p 0 . 14 a4 .0 E 43 1.46 4 IC' 4-1 4/ tor US 0 lid 0 ..0 liA a gIll a iel pa 01: . Eg „ le . i rz, 2 X a ,:, z ta cl o gt8 al 1 43 B gr 1 It'grnscr 0 0 . 0 s ,fi. 14,41) ,-4 ua t) raic&V 0 P, E.1„z5R 4, Na 0 Ci ff. .E a tr.? I M. 4. p 1 -a 1 iihe .E° `.1 i 1 0. fee A 4 • a. 1,z, = .2 agio -6 S 'a f..3 co .F. 41%-gitu ib ic.4 1- 41 t 4. A n ' 1 ;7) i .e. .t 4 eggir, gig .al ill Nrileviegg a 1 0 , pi, a .d ,,g m ,, ......, it .... E a g t. 1 gli .ti gel L. 6." g t sq IN N 4 Z 0 ri. Z 4 ff 6 Cn e h—E ; E A i 'E.I mr s $ g cIPH g •- - 1/ v r„ eR .SaS. . ; • ., il il 13 CI el Ct Z 1 t 11 ' .13 i E i 8 ta ,40 & 1 •C v I gU 1 4I ..= .8 w.• i Ta—b I , sra u gqi 1 = .6igl 18 I ig a Ad WI 4 II " 4 At tir 101 Q a 11 ,.. l• VEI Vi.lbil4 11 °1 '4' 1 = 01 1 t' l'app, 1 illvIC 1 g ed .a E 2/ 1 11111P91511 . l `') 1 lb ° gagil U •Isi E.1 .§ r,] eta 1 44 o o .8 up z go -- 30./A Ursq ev 2 {j I R j ri,d la E il eg toe 11,4 g„,.›,.10 g t i ININ1012 :7111111IP A 1 1 1 a 0 a4 2 114 tx ... x b 1,4 I al At CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS The following Standard Provisions are terms and she restoration,Com «conditions of this permit: PI eted Operations coverage shall be t provided for a minimum period of one year following final acceptance of work. oQective January 1,2008 If any agpegale Emit is reduced below 1.000.000 Utility work authadred under this permit shall comply with the m)uirements of because ofcU�ims made orpald the Pemniaee,or the State Highway Utility Accommodation Code,and applicable federal,state, as applicable-their Contactor,shall the full Immediately focal.and industry codes and regulations. obtain additional insurance to restore the full Construction of any pinion of the highway facility,including the pavement aggregate limit and furnish to CDOTa certificate strnctute,subsurface su or other document satisfactory to COOT showing pptirt,drainage,landscaping elements and all compliance with this provision, appurtenant features,shall comply with the provisions of the COOT Standard Specifications for Road and Bridge Construction,and with the Colorado 3) owned.hired liability no non-owned Ot covering any solo(including a, Standard Pleas(M&S Standards). owned,hired and non-owned autos)with a minimum limit a% follows 51,000,000 each accident combined single limb, L CONIMENCEMENT AND COMPLEfION 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 Woman with minimum Pctminee shall notify the CDOT inspector limits of liability of not less than$1,000,000 Each Claim and a. Al least 2 working days prior to commencing work.or resuming SI,1100 Made Annual the egata e,or,policy i written on a operations which have been suspended for fist or mare consecutive Claims Made form,the ,shall renew or,as applicable,.their working days Consultant or Contractor,shall renew and maintain Professional b When suspending operations fa S or more working drys Liability Insurance fora minimum of two years following final c Upon completion of work. acceptance of the work,or provide a project specific Policy with a two year cascaded reporting provision. Work shall not proceed beyond a completion dote specified in the Special Provisions without wrier approval of the completion arament. 5) Pollution Legal Liability insurance with minimum limits of 2. PLANS,PLAN REVISIONS,ALTERED WORK liability of S1.000,000 Each Claim and 51.000,000 Annual Aggregate CDOT shall be named as an additional insured to the Pollution Legal Liability policy. !Me Palley Is a component of Plans or work sketch(EXHIBIT Alm subject to COOT approval.A copy of the Professional Liability Policy,the Addit(onal Insured the approved plans or sketch must be available on site during work Plan Claims is waived,and the Policy than be written on a revisions or altered work differing in scope or nature from that authorized Claims Made form with an extended ma "der this permit.are subject to COOT prior approval. g period of at least j Mi Pproval.Permitter shall two year following final acceptance of the work, imply notify the COOT inspector of changed or unforeseen conditions, thich may occur on the jab. 6) Umbrella or Excess Liability Insurance with minimum limits of 3. INSURANCE 51,000,000. This policy shall become primary(drop down)in the event the primary Liability Policy limits are impaired or Insurance Requirements for Utility and Special Use Permits(Revised 7-05 per exhausted. Thc Policy shall be written on an Occurrence form State Requitement%) and shall be following form of the primary.The following form Excess Liability shaft Include CDOT as an additional insured A. The Permitter shall obtain,and maintain at all times daring the 13 COOT shall be named as additional insured on the Commercial performance of work authorized by this Permit,insurance In the following kinds and amounts The Permitter shall General Liability o era and Automobile ia insured Li eic a rash ll bean Contactor working for them within the State Highway Right of Comptetcd is CG 201 11/85.C 207,coverage shall Coverage vn Way to obtain like coverage.The rennin=shall also require any requ, meynth 20101 IBe,CG any 2037,over anyhn sera e o se self - Contractor or Consultant performing work described In sub iusur ed by the m ca Permit will be a Stet oe any insurance or self- paragraph 4)below,to obtain Professional Liability Insurance: insurance program �by the State of Colorado. statute, C The insurance shall include provisions presenting cancellation or I) Workers'Compensation Insurance as required by state and Employer's Liability Insurance covering all employees ce certified mat without least 30 days prior notice to COOT by acting within the course and scope of their employmeui and ccrt#Ged°tail` work on the activities authorized by this Permit. D, The Permitter,or,as applicable their Contractor or Consultant, 2) CommercialCenerat Liability Insurance withers on ISO will require all insurance policies In any way related to the Permit occurrence form CG 00 01 14'93 or equivalent,covering and secured muds clued by the Permitter,Contractor to premises operations,lire damage,independent Consultants, Consultant;to indrde clauses stating that nth carrier will waive all products and completed operations,blanket contractual liability, rights agencies,of recovery,under subrogation or otherwise.tsa against employees Injury,and advertising liability with minimum limits y its avolu te.institudias,organizations,oRictsx,agcnu,employees as follows and volunteers. a 51,000,000 each occurrence, E AU policies evidencing the insurance coverages required hereunder b, 52,000.000 general aggregate, be issued by insurance companies satisfactory to COOT, 8 ggregate, c. 53.000.000 ptodutts and completed operations aggregate; F The Permitter,or as applicable-their Contractor or Consultant. i and shall provide certificates showing insurance coverage required by this Permit to COOT prior to canonizing wont No late than 15 d 550,000 anyone tore. days prior to the expiation demo!'arty such coverage,the e. Farah Pennine,Contractor or Consultant,shall deliver COOT certificates y permanent Permitter installations located of insurance evidencing renewals thereof. At any time dining the within the State Highway Right of Way;highway repairs,or term of this contract,COOT may request in writing,and the 02106 COOT Permit Form 333 and Standard Provisions Page 2 of 6 • . CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS Pcnninee,Contractor or Consultant,shall thereupon within 10 days vehicles through the work zone,and shall conform to the supply to COOT,evidence satisfactory to COOT of compliance requirements of the Americans with Disabilitmr Act The TCP and with the provisions of this section. MHVs shall contain sufficient detail to demonstrate confomit� G Notwithstanding subsection A of this section,if the Famines is a with all applicable requirements. "public entity"within the meaning at the Colorado Oavcrme»al immunity Act CRS 24-1 0-1 01. the e. The Acnttrttee shall have a compctem person at the work she m all Pcrmincc shall a all times during term aft permit% air times in responsible charge of temporary ironic control,l App to situations where the TCP goes beyond any Typical Application only such liability insurance,by commercial policy at self« shown in the MUTCD.or insurance,as is necessary to mist its liabilities under the Acs Upon conditions exist,the Department malt'dq uire the roadway or traffic request by COOT.the Penninee shall show moot of such insurance may reAoirc r a pose Permitter he to have satisfactory to COOT. Public entity Paulin= are not iced to to have Traffic Control she dusiig week.The or hall be the TCP or Warns COOT as an Additional insured. � to have a TCS on she during work.TTme TCS shall be ccrtilicd as o wnrksitc traffic supervisor rvisor by either the American Traffic Safety Services Association(ATSSA)or the Colorado Contractors H: It the Permhtce engages a Conttaclar amVar Consultant to act Association(CCA),and shall have a current COOT naggers' independently from the Pcradttnx an the permitted work,That certification card, The TCS shall be sespansible fax the planning, Cantassex and/ar Consultant doll be required to provide an preparation.cuanhiraiion,Implemcmmion.and inspection of the endorsement naming COOT as an Additional Insured do their Commercial Geacml Liability,Auto liability.Pollution Legal liability and Umbrella or Excess Liability policies, d The Pcrmincc shall not Stan the permitted work before the Department accepts lire TCP. 4. WORK WHERE DEPARTMENT LACKS AUTHORITY Utility work within municipal boundaries 2 e' Department may review and order changes to the TCP and certain public lands,or Oft private (pursuant 43•_ 135 CRS),on g performance of the work,as requited. ix°paty,may require separate approval or the atmprorxiatc jurisdGctioma!agency or pmpaty owrcr. f The Permitter shall comply with the TCPat an times during S. INSTALLATIONS ON FREEWAYS performance of the wall. ;- The Permute shall keep a copy of the TCP at the work site at all CDLI i may permit minty accommodations on freeways,including but not times during performance of the work for inspection. Limited to the intestate System,only in accordance with Utility Accommodation Code provisions.Special ease exceptions as defined therein I> The TCP shall ensure that clown of isterscct ing amass,road! Y be permitted d Daly is accordance with flf WA•approved Oepannmenat approaches and other access points is minimized. On heavily fey trisected highways,the Deportment will not permit(mentions that interfere with traffic during periods of peak traffic now 6. JOINT USE ALTERNATIVES I. When Permitiee operations coincide with highway coruruclioa As directed or approved by COOT.if accessary for the safe and efficient use or maintenance operations.the Fermium shall develop and impkm ** the ROW.Permitter isba11 utilize joint use facilities such as the placement W the TCP in cooperation and c therdateon with the highway agency two or roc separate lines in a commas trench,or allaehmcnt to the same and/or its contractors and as otherwise directed by the time/Mad overhead support.The Pennittce will be not ponsibte for proper coordination in the psxnttt. ver with other arrears!utilities_ J. All Baggers shall have a current LOOT flogger certification card, T. ATTACHMENT HIGHWAY Si(tltC?URES and shall be capable ofcommunicating with the traveling publicand others of the work site. Perminee is responsible for designing stn turc atmchmcns,subject to the approval of the COOT Shalt Bridge Design Engineer. 10. NCHRP 350 CRASHWORTI11NFSL REQUIREMENTS FOR WORK ZONE TRAFFIC CONTROL DEVICES B. ORAiNAGEWAYS AND WATERCOURSES Work zone devices designated by FHWA as Category I,including but not The Row of water shall not ever be Impaired or imcrtnpted Where possible, limited to singlsplece desert,tube,,coca awl delineators,Category 11. crossings of ditches,annals or water-carrying structures shall be bared a including but not limited to Miricade;vertical panels With tight,drums or jacked beneath Irrigation ditch or rand erdtssings require approval of the ditch cants with light,portable sign supports,imrosias*teams turd type III pony or owndrz.Paminee shoo repair damage to any drainage facility to the barrkadex;or as Category IR,including but not limited to concrete beldam, satisfaction of the awncr, filed sign supports,crab cushions,and other work zone devices not meeting the definitions of Category 1 or N;shall meet NCHRP 350 wadi test 4, TRAFFIC CONTROL PLAN rnqu teaents. The Permitter,or their contractor shall obtain and make available upon request,the manufacturer's written NCHRP 350 certification,or a Pricer to catamarans wait.three Panda=shall develop and salrmit es applicable,the FHWA Acceptance Letter,for each type of device. FHWA to the Depanmem for acceptance,a Traffic Coated Plan RCP/far A mica Letters far Category I!a Category III Work Zone Devices may be any accommodation wink that will affect traffic movement or accessed through time FHWA webslk at safety, The Pantittec shall implement the TCP and anite trarnc AIL 1 !? z ,lt,i aa�n z„t t au gam#a�f t¢ axI ,ti tat( agi control devices as necessary to ensure the safe and expeditions movement of nraffc around and through the wink site. 11. WORKER SAFETY AND HEALTH b. The Permitter develop the TCP,and bletdmods of Handling a. All woken within the State Highway right of way shall comply with Traffic(AtFi1's)included*min,in conformance with the Manuel their employer'.safety NW heSal p artd cal ocedure s and all sat Unitirm Traffic Gsmrd Devices(AriJTCD),doe Colorado applicable U.S.Occupational Safety and Health Ada agtail= Supplesrncnn titcrcto adopted by the Commission pursuant to scctiorn (OSHA)teguladems,including,but not limited to the applied* 42 4.104 and 42.4.105 CRS,the Department's standard sections of 29 CFR Pan 1410 Occupational Safety put Finish standard leas for temporary traffic control and the Depdutnnem'c Standards and 29 CFR Pan 1926.Safety and Health It egulatitm,,, pleas for signing-Standard Plans S 63xI and S 630.2. for Construction The TCP shall include provisions for the passage of emergency COOT Permit Form 333 and Standard Provisions Page 3 of 6 02/06 CUOT UTILI'I'YIRELOCATION/SPECLIL USE PERMIT STANDARD PROVISIONS b. Personal protective equipment(PPE)Mg,head protection. footwear,high visibility sl,safety glasses hearing etc.)aj el vvott as a g protection, e. Thrust blocks are being performed,and not specified in regulation ppatmpaA to for the work pressure Pte• required on all venictd and horizontal bends in workers in the SR ROW.except when in their vehicles shall wear f, the following personal protective equipment' t Meters shall not be on highway ROW except within corporate limits whets re municipal regulations allow such use I) Head protection that complies with the ANSI 289.I standard, 13. ALIGNMENT.COVER,CLEARANCE 21 At all construction sltec or whenever there is danger of injury a to fret,.workers shall comply with OSHA's PPE requirements Location and is pe it of Perm tea's facilities shall only bras for foot protection per 9 CFR 1910136,1936.95,and specified In this sketch I or I ahtawise indicated in the approved 1926.96. If required,such footwear shall mat the plans or work setth JEJClfiH1T AI requirements of ANSI 241,. b. Parallel installations will not be permitted under roadways 3) High vixibiHty�petted,which shall,at a minimum comply (including curbing andfor shoulders)or median areas,except u ithin with the Class 2 specifications of the ANS1/ISEA l D7standard. corporate boundaries subject to municipal mulattos. Class 3 apparel shall be considered for use at night or in c Parallel installations should be located as nem as practicable to the pan{culady hazardous situations. ROW line. Crossings Khali be as nearly perpendicular to the d I The mast recent version of the ANSI standards listed above hlghwvY as feasible. shall apply. d Where no feasible alternate locations exist,the Department may 12. ADA REQUIREMENTS permit parallel installations along roadside areas within 15 felt from The Permits shall comply with the applicable provisions of the Americans edge of shoulder or back emits In these taws,the facility must be so located and safegudsded as to avoid potential conflict with Thew enance sh shall c with with the e both Able prove ions of the Americans an and necessary highway ap pwtrnar ces(s{ temporary work zones. cur.. Specific safeguards such as increasing depth rail.of rover 6 1 P cgs g depth of cave m inches,capping,or encasement.shall be specified in this permit's 13. CLEAR ROADSIDE CONSIDERATIONS Special Provisions a. COOT is committed to provide a roadside area that is as free as C Parallel installations shall fallow a uniform alignmat,wherever practical from rawtravetseablelds and fixed objects t`dear practical.Due consideration must be given to conserving space zone l.New above ground installations may be permitted within the deviation for future approved d horizontal The mandate'inches clear zone only upon a showing that no feasible alternate locationx deviation from the approved horizoata!alignment'tile inches. exist.Frrirtinee must utilize appropriate eacmteritxasuta to minimize hazards. f Minimum rover swath conform to the Special Provisions Normal b specified cover will be 48 inches or greater,trdoced cover may be Pemattee shalt tsmove materials and equipment from the highway approved where site conditions warrant,subject to other safeguards ROW at the close or daily operations. The(milk come{ as mane shall�ied oratothe Special i permii, ,cansmm overhead include prttective mcasums where materials and ui t> mast Utlit y A comp conform to due stared on ROW pnoxct ati be 111ifity Acronmodation Code aril Provisions,consistent with .: Protection of open trenches and other excavations within highway ROW shall be addressed In the Fermium's tragic control plan. All excavations shall be closed at the end of daily 16. PAVEMENT CuTS AND REPAIRS operations,and no open excavation will be allowed in the clear zone after dark.The Pexmittee ageees to promptly undertake mitigating mom than'redacts n battik nor wibe dth of the pied x specified bo opened this or corrective actions acccptdble to the De Ong more itnan one half the width of the roasRied may tea permit.No or COOT thin the s acep i Department upon notification otherwise permitted.Pavement shall be sawed or wheel.cut to a neat fine by thin the installation for highway permitted herein has resulted in a Pavement shall be replaced to a design surrounding undisturbed pavement structure,Pavement repair shall conform to 14, GENERAL CONS 1 RIICIlON REQUIREMENTS the Speciai Provisions or the approved plans. a Work shall not be performed at night or on Saturdays.Sunday(,or ]T. BORING,JACKING,ENCASEItt # holidays without prior authorization or unless otherwise specified in this permit COOT orb uthort work oil ROW during a see a Unless otherwise specified.buried crossings shall be bored=jacked beneath weather it COOT may or yanirt g the roadway,at least from toe of slope to toe of during periods of high traffic volume entrenchedaossings more than 5 fee in opposite bee ulkpe, Portals for b Thor areas wilh#n ROW,which must be disturbed by conformance with OSHA construction arid safety standards.us.Portal limits of otiose stns,shall in ROW, ton y permit entrenched crossings shall be established safely beyond the surface spray,cut, s trim eee�a other minimum Prank= within not and clear zone and In no case shall the lateral distance fmm the surfaced area of highwhighway c ROW.unless such he rl n seapinim the highway to the boring ardecking pit be less than the ventral difference in ayr clearly unless sec on the a specifies in this elevation between such surface and the bottom of the pit Water jening or tracked apposed plans.Cleated or tunneling ix not permitted.Water assisted boring shall not work on or move over paved surfaces rig maybe{ermined to without mats,or pads on tracks determined by the COOT'respecter Boring hole shall be ovenizrs!to the minimum amount required to allow puHawrough of the conduit being instated. c Material removed from any portion of the roadway Resultant voids shall bestowed or otherwise beckfiticd.subject to COOT Material re In like kind with equal or better y lxtsm must be approval Ends of bored sections shall not be covered before bring of re material is no acdon.Segregation Facasenat shall be consistent with utility Aewmmodaiion Code ptavisions, ofrnbte ta!is not in;mortified permutedmffa ilityshall be of CDOT may require accepted practice or industry conduit protective ssIn for shallow installations or certain sl standards designed ter long service lift.and relatively free from tnateriats. Encased t between shall s cons at least from toe ayslope to routine servicing or maintenance. toe of the or the fail width betwwn accrss•rortrol lino on freeways, {nclading the Intestate System. d Construction or compaction by means of Jeeting,puddling,or water flooding Is prohibited within all highway ROW 18; INSPECTION AND ACCEPTANCE D' COOT Permit Form 333 and Standard Provisions Page 4 of CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS a. COOT will determine the extent of inspection serssiccs necessary for a given installation.Pemilnec shall attend final inspociims as may g. If pre.existmag solid waste or hazardous materials contamination be requital. Mite initial performance orpennirted work was ', unacceptable,as determined the Ile mine ai li oil or.)gasoline rc contaminated fawn during ngit.asbestos,c nce or by partnumt.the Pentpirla shall mine taitiagls,etc,)are ereohntetcd during the performance or w perform any reconstrectltm or impmscmcnt of that work as ordered the Pcnninee shall halt work in the a(feecd area and immediately., by the Department,in a timely manner and prior to any timber contact the COOT regional permitting office for direction as to lrow camtrunion. 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 Pantiitec to perform whatever comcth c h Spills shall be reported immediately using the CDOT illicit measure(are necessary to attain compliance with the permit. If Discharge Hotline(303)512.4.46.Spills on the highway,into there is an inunctgaie danger to the public's health,safety or waterways,or that may otherwise welfare,the Department may ardor the Permittec to cease all the lic,shall be present an the Colorado longest to operations and if necessary,to remove all equipment aid betties Patin at(303)339•�I and the Colorado or me��Public fruit the SHROW. Health and Envimnment at 1•(877)510460ff b. Final acceptance does not relieve Pcnm)itce of maintenance 20. RESTORATION OF RIGHT OF WAY obligations toward those elements of the highway facility consructcd under this permit. Final acceptance begins the two year Prior to final acceptance,all disturbed pions of highway way `minty period tsee tequuenieni under"Operation and be cleaned up and restored to their final condition..sY of O shall Maintenance"below). approval. Seedi sodding.and subject to CDhe Seeding. 8• Pi�tiigsiwilbeasxprcificd,orothcawisc 19. ENVIRONMENTAL CLEARANCES/PERMITS aqp raved by COOL Construction.main emance and watering requirements shall conform to the COOT Standard Specifications.Where landscape a It h the y restoration nwtu he delayed due to seasonal requhements,such work may be responsibilll of the Permitter to determine which authorized by separate permit,it, Penninm shall use only certified wed free tmvironmeatal clearances amUor regulations apply to their Whit seed and mulch.Perm uec shall clean no F ent before tramporting and to obtain any clearances that are required directly from the out of the state to prevent the migration of noxious weeds, f1 into at appropriate regulatory agency prior to commencing work. Phrase refer to or request a copy of the"COOT Environmental Clearance 21, OPERATION AND MALN EPiANCE (nfonnsian Summary"(ECM)for details The ECIS may be obtained from COOT Permitting Officers or may be accessed via the a. Permitter agree.(to own and maintain the lrruallatian permitted COOT webpage a herein The facility shall be lsset+,liwww,ttnt.piste.cnudlleiletkl'nicruull9KuIIre la. Failure to Y in anadegleaniteofrepairant comply with re maintained in such a amnner as to cause the least interference with regulatory requirements may result in suspension or the normal operation and maintenance of the hi hwa revocation of your COOT permit,or enforcement actions by other g y' agencies. h if any element of the transportation facility,constructed or replaced b. The Special Provisions of this permit shall list an specific as a condition of this permit,foils within 24 months due tot .�, environmental e Spes l Provisions of permit sh the y nstruction or materials,Permitter shall make all repairs notified by the Permitter or by ad minlme i regulatory has yasg agency immediately as notified in writing by COOT apply to the operations authorized by this permit.The Speciall c. Routine,periodic maintenance and emergency mpairs may of be Provisions shall'quire the Permitter obtain the listed performed under the gen terms and conditions this se lf.environmental clearances/permits rmits rior to beginning went. CDOT shall be given proper advance notice whenever maintenance cc c. The Pamittex shall comply work will affect the movement or safety of traffic In an eminency. exrhply with all requirements described in the the COOT Region office and the State Patrol shall immediately be CDOT Environmental Clearance;Information Summary,including notified of passible traffic hazards.Emergency procedures shall he those pertaining to coordinated beforehand,where possible. I) Ecological Rcsoluta 2) Cahural Resources d. Maintenance activities regedratg new excavation or other 3) Cultu l R of Starmwaler ar Process Water dlstu bemcc within highway ROW may require separate permit. 4) H Materials Where highway construction or maimenanca operations so require, 5) Hazardous azer rgeas of Dredged or till Material Penrditae will shut off lines,remove all combustible materials from 6) Erosion and Sediment Control oh=highway right of way,or provide other temporary safeguards, 7) Disposal of Drilling Fluids 22. MARKERS,LOCATION AIDS,LOCATION ASSISTANCE 8) Concrete Washout ' 9) Spill Reporting a. The utility shall take all I0) Transportation of Hazardous Materials Y practical ab a by st to and ge that buried ent utility facilities are smfaceddectable by stutrhelmd geophysical d. Disturbance of any wildlife shall be avoided to the maximum extend Methods. Where the utility facilities,by the nature of their material Daiwbanc If any wi dli or properties.burial depth or other factor may by td rmelves not be endangered species or or surfacc.dctectable,the utility shall,when feasible,incorporate historical artifacts arc encountered during the proems of a project, detection wire oralber detection aids in the installation of those work in the subject area shall be halted and the CDOT regional facilities, In instances whine detection aids we not feasible or permitting office shall be contacted immediately for direction as to would be ineffective and deface-delectability cannot be ensured, how to proceed. surface maraca shall be installed as directed by the Department and e. All dkse of slormwater err as constructed plaits and showing the accurate barirantat and barges peaces%water are subject to the vertical location of the hurled facititier shall be provided to the applicable provisions of the Colorado Water Quality Cannel Act Department and the Colorado Discharge Permit Regulations. f. There shall be no eles b. MI plowed or trenched installations must input color.coded , posal of hazardous materials to the slate (using the American Public Works Association color coding highway tight td way. Solid waste shall be removed from the state system)wanting tape placed not less than 12 inches vertically rub highway right of way and disposed of at a pennined facility or the top of the line.The waning tape collection point(such as the Pumitrcr's own dmn . ) $ shall be snrlaez daecra6le if Drilling fluids must be disposed P+ needed rat facilitate detection Odic fide. ng posed of as ticutFbal in the ECIS. • CDOT Permit Farm 333 and Standard Provisions Page 5 of 6 CDOT UTILITY/RELOCATION/SPECIAL USE PERhiITSCANDARD PROVISIONS c. The utility shall place readily identifiable matters at die right of a. The way lute where it is crossed by pipelines carrying transminants Prruuee shall promptly remove all abandoned facilities from which are flammable,corrosive,expansive,energized. the SH ROW and promptly restore by e the SH cm unless le care exiuing or pan al.e except orunstre a other conditions y pattment umlesa the vent serve if carried at high pressure or potential,ucept where a prescribe!b the foe vent will servo as a marker. Department in writing twenty allows the facility to remain in d. The utility l s shall place markers for longitudinal underground place. Written notice Porn the Depannnent,allowing an abandoned facilities vertically above the faculties orate known horizontal tacpGty to re main In puree,may include spneNal catsdRthons offset,antes(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 fare-and backlight to succeeding and comply with that decision if directed b the preceding matters. Markers shall be installed at suitable intervals Y Department along tangent sections,at angle points or points of curvature and at I) cap,plug or fill lines, reasonable intervals along curves 7) furnish suitable location reconls for any such buried facilities, a The utility.shatl maintain arty markers required by this Code for the 3) maintain its own records of such(palm and respond to life of the installation. locate naticesfrequests from the UNCC and/or excavators. In providing such locates,the utility will indicate to the f Department may require tit utility to submit"as comsttucted. requesting entity whether or not the subject facilities are plant The Department retired or abandoned, wins. the ment may enter into an agreement with the utility 4) perform any other actions an deemed necessary y the whereby Department can rely on those plans for the exact Department to protect the transportation facility and/or the location alike utility for any future excavations,and need not give notice to the utility under Article 1.5 of Title 9.C.R.S. traveling public. g. The utility will comply with the applicable c. [(the ownership of utility facilities is transferred,both the original IS of Title 4l comply y including t t as requirements of Article Permittee and the new owner shall notify the any requitement to participate in the Y Department in the State'a Notification Association pursuant to 9,:1.5.105 C R.S.. All prior planned the change of change n e i ownership,and such notice shall Mate the owners of underground utilities within the SHROW,with the otsn rs dale dodo a:do o sthtem.The notice arom the and exception of the Depanmem itself,must become members of the owner ons f the ex a existing it.e f ect v accepting the terms and UNCC Notification Assoclatlon. conditions of the existing permit.effective upon the planned dart of h In addition to complying the change in ownership. p ying with the provisions of Miele 1.5 of Tito 9 CR-S(One-Call Statute)in response to the Deponmcnt's 1. Utility facilities containing asbestos may not be abandoned in-place. notification of planned excavations.utility owners shall surface. Online*,such facilities must be removed from the SHROW when nark 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,upon reasonable requesr fro ns the Department,and at no with the owner retaining cost to the Department,The Penninee shall respond to such full legal ownership and responnbility far rime iaciritiex. within a reasonable timettamt acceptable to theme request longer than 14 calendar days from he date of Pan .but Z-'r SUSPENSION AND CANCELLATION • fe4tre.st,and the accuracy of the surface matting shall be within 18 inches or either side of die actual location of the buried facility, a- Tbc CDOT inspector may suspend operation due to 23. ADJUS1I1tFIV T 5 DUE TO HIGHWAY CONSTRUCTION 2) Non compliance with the provisions of this permit �) Adverse weather or traffic conditions If for any transpmaratiom purpose it bceomes racier 3) Concurrent transportation construeton or maintenance Iflocate this tispoz a on Permitter p o will a so necessary to remove,adjust,or operations in conflict with the permitted work. except as provided b law,upon promptly,at no cat to the COOT 4) Any condition deemed unwire for winters ar for the general y pon written notice from COOT 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 eonvenlem to and In proper coodination wish the project or trans b Wool,fray resume when mounds for zuspetuion no longer exist,podtation•telated activity,to minimize public inconvenience and cost,as directed by the Department in the permit authorizing the relocation The utility company shall pay for dama e s This permit to Persistent noec[na fiance with due to: caused by the company's delay in die performance or utility relocation wro c or 2) baan noncompliance with iprmt(tons interference with die performance of transportation project wank done by 2) Abwtdeded bt new transfer penu t cownership covering others. Such damages include,but ore not limited to, 3) Conflict by env ary p ndrtra the same installation Department to any thud party based on a claim that payments made by the 4) Convict with necessary planned performance of the transportation construction.. transportation project work was delayed or interfered with as a direct rerun of c. Fermium must the utility company's failure to timely perform the utility relocation work. promptly u le s one occupancy pplie notice of Damages resulting from delays in the performance of the utility relocation granted ion of permit,taint a new penilt is applied for and work or interference with the transportation project work that are caused by granted events beyond the utility company's ability to reasonably foresee or control(a force majeure)shall not be charged to the utility company d any Pennines does not fulfill an or control rind to safely or maintain wry portion oldie highway facility,or coetrot safely maintain Zt. ABANDONMENT,RETlRE14SFNT.CHANGE IN OWNERSHIP the now of traffic thereon,COOT reserves the right,in lieu of canceling this pout,to accomplish the required work by any other a. fide Pentium shall notify the Department in writing of the planned rr n1e means.and Puree shall!c liable for the actual sera teti emend or aba don:n em of its facility or any portion thereof. The Department will ratify the Permitter in writing if it determines that the facilities may be retired or abandoned in place,along with ,, any special conditions that may apply. A b Retired facilities shall remain the Permittee's sole responsibility. "=a subject to all provisions of the Utility Accommodation m Cade and all of the terms and conditions of the permit issued for that facility, including maintenance and relocation requitements, �" ' CDOTPennit Fonts 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 slate perform work related to their own facilities(such as Utility,Special Use or Access Pemdttees),about some ofthhe�more�commonly encountered environmental parmitsldearances that may apply to their activities, This listing is not all4ncl usive-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 COOT Permit,Or Enforcement Actions By Other Agencies CLEARANCE CONTACTS-As indicated in the permiUclearance descriptions listed beiow,the following Individuals or agencies may be contacted for additional information: • Colorado Department of Pubic Health and Environment(CDPHE):General Information—(303)892-2035 Wafer Quality Control Division(WQCD):(303)892-3500 Environmental Permitting Websile ills:/ .cd.he.slate. .aaat. !isms* • COOT Water Quality Program Manager.Rick Willard(303)757.9343 h ti.°I . .tcred*A#oilfired f,r.ramstenvironz errk»i&water .1 • COOT Asbestos Project Manager:Theresa Santangelapreiing,(303)512-5524 • Colorado Office of Archaeology and Historic Preservation:(303)886-3395 • U.S.Army Corps of Engineers,District Regulatory Offices: Omaha District(NE Colorado),Denver Office(303)979-4120 hi . tip %lam •c .a mt cd„i(,ri-lak- ,1 het Sacramento Dist.(Western CO),Grand Junction Office(970)243-1199 ttpil ; . .k e ace. rc. ktl e .k- 1 e#(Alai* / Albuquerque District(SE Colorado),Pueblo Reg.Office(719)-543-8915 hi .= s,a,u .ce.arrn iUr • COOT Utilities,Special Use and Access Permitting:(303)757-9654 iiin;lt .dat.slal .cc.usiPerrr„1s1 Eeolonkal Resources--Dish/Wince of wildife shall be avoided to the maximum extent practicable. suspected threatened or endangered species habitat will require special authorization from the COOT into areas of known or threatened or endangered species are encountered during the progress of the permitting subject area shall ll b and the COOT Regional PermNting Office and Region Planning and Environmental permitted work, be contacte immediaately be hailed Authorization must be provided by COOT prior to the continuation of work. Information about threatened or ends be obtained from the COOT webske,httP;Cl al t.lnfot ram terwironmenta tdlifetrnuidelines,or the Colorado Division of y Wildlife weblike hthrilwildlite.statexo.usinidlifeSpeciesiSpeciesOrConcernii. Additional guidance may be provided by the appropriate Region Planning and Environmental Manager(RPEM). Cultural Resources—The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation(OAHP),Denver,to ascertain If historic or archaeological permit area by a qualified cultural resources aealo�c, resources have previously o or been CDOT. If archaeological ar sites/artifacts or historic resources are known to exist prior to may intention the per the work encountered as the project progresses,all work In the subject area shall be haited and the COOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by COOT 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)8819.3395. Paleontolooica R eo r-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 bye 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 COOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by COOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office In the Permit Special Provisions. Contact infommation:Contact the COOT Peleontololtist at(303)757.9032. Hazardous Materials.Solid Waft-The Solid Wastes Disposal Sites and Facilities Act C.R.S.30.20100,at al,and Regulations Pertaining to Sold Waste Disposal Sites and Facilities(8 CCR 1007-2),prohibit solid waste d 9 of Designation(a landfill permit). The Colorado Hazardous Waste Act C.R.S.25.15.301 et al,and the Colorado Hazardous Waste Regulations(6 CCR 1007-3)prohibit the transfer,storage or disposal(TSD)of hazardous waste except at permitted TSD sites. There are no permitted landfills or TSD sites within the Stale Highway Right of Way. Therefore,all sold or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point(e.g.,for sold waste,a utility or construdlon company's own dumpster). If pre-existing solid waste or hazardous materials contamination(Including oil or petroleum contaminated sal,asbestos,chemicals,mine Wings, etc.)Is encountered during the performance of work,the permittee shall hall work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contactlnfo:Andy Flurkey.COOT Hazardous Materials Project Manager,(303)512-5520. the appl cable requirements of the CDPHE Air Pollution Control Division's(APCD)D)Regulation asbestos of(ACM)and work comply donly tt asbestos-contaminated soil,must U°►�D)Regste 8. ge pent ivACM,and work data h^4 ., WaWaste Regulations. The comply with the CDPHE Hazardous Materials and Waste Management Division's(HMWMD)Sofid s a Regul ti being requested a ton fora ny CDOT permit must specifically identify any ACM Involved in the work for which 9 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 Websile listed above. Additional information n is available from the COOT Asbestos Project Manager(303)512- ,_.µ 5519 or Theresa San .ekr-Drell •-.,, • - ,_ nt S sor ,K 512-5524. Environmental Clearances Infomhallon 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,Pad 171. The hazardous material must be properly classed,described,packaged,raked,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 R authorization and more info call the Federal Motor Safety Carrier Administration,US DOT for inter-and intro-state HAZMAT Registration(303)989-6748. Colorado Public Utilities Commission:(303)894-2865. Discharge of Dredged or Fill Material-404 Permits Administered By the U.S.Armv Corns of Engineers and Section 401. Water Quality Certifications Issued by the CDPHE WQCD-Corps or Engineers 404 Permits are required for the discharge of dredged or ON materials into waters of the United Slates,Including wetlands. Them 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. !fan Individual 404 Permit is required,Section 401 water quality certification from the CDPHE WQCD Is also required. Contact the appropriate Caps 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 amr abeam or ttp 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 BU!40 certification from the Colorado Department al 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)having wetlands present within 200 yards upstream or downstream of the }segments of project. The Colorado Division of Wildlife(CDOW) application,as per guidelines agreed upon by CDOT and CDOW,can be accessed at hltp;&mow,totora dodalinfotoraqranistenvironmentatiwileiliretattidelines. Stormwater Construction Permit MCP)and Stormwater Discharge From lnd}gjrlail 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 COPS Stormwater Construction Permit. Contact Information:For Utilty/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract,please contact the CDOT Wader Quality Program Manager at(303)757- 9343. Otherwise,contact the CDPHE Water Quality Control Division at(303)692-3500. Website: jttio:/ .cdphe.state,co.usiwgtpen iicunkaigtex.htmi. Construction Dewaterinq(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 wabsite: I ttpllww .cdphe.slate.CO.uslwq/PerxnitsUnilWFORMSa pptications/Appsandforrnsnewpage.Mrhi Municipal Separate Storm Sewer System IMS4}Discharge Permit—Discharges from the storm sewer systems of larger munIcipalUios,and from the COOT highway drainage system that lies within those municlpalties,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 stormy/titer related clearances that may have been established under that municipality's MS4 permit. AU discharges to the CDOT highway drainage system or within the Right of Way(ROW)must comply with the app applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit#COS- 000005 COR-030000 ww cdohe st CDHPE ieennr UnItaitvraier-s :t'tyl a urnen(t$WC Z coon rnd ). Discharges esd to;tt .roIoraciadat,infoI.ro. .msfen COR-030000(l1ft�r;t cope fefq,Cdr.UStw�Ii�ern�atst.lrrftPRt,A(TsIL�+fperrnlraisftrt�Canstrds�iitr Contact the CDPHE Water Quality Control Division at 692 p5 . D�anarges era municipalities required to obtain MS4 Permits,or go to tato:t .ccrplre.siate.ca.0 t3 )692-3500 for a listing of Gengral Prohibitipn—Dlec sAvglperrrriisunittA�S4tf�.i; errnitler�s.rizi� heroes-AU 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-stomrwater discharges can be found at the Qadot.info/programs/envl ronmentaUwater-quahlylgiossary.h tmlf/AUowableDlscharge. Contact Information: Contact Quality Control Division Quality al(3003)692-35�00.r at(303)757-0343,or the Colorado Department of Public Health and Ermvironmenf.Water general Authorization-Allowable Non-Stormwater Discharges-Unless otherwise Identified by COOT or the WQCD as significant ' sources of pollutants to the waters of the Stale,the Wowing discharges to sfarmwaier systems are allowed without a Colorado Discharge Permit System perm!: 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,fooling drains;water fine flushing,flows from riparian habitats and wetlands,and flow front fire fighting activities. Contact Information: The COOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone#'s fisted above). Erosion and Sediment Cordrot Practices-For activities requiring a Stormwater Construction Permit,erosion control requirements will be spedfied through that permit. In those situations where a storm water permit is not required,all reasonable measures should be taken in order to minimize erosion and sedimentation according to COOT 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 COOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at(303)757-9313 or from ; .;.Ariz,. ;,do.17t 6 1 .env'on r ail-nyWaterquattworns4.,asp Error!Hyperliak reference not valid. Disposal of Drilling Heide-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 specificalkaccept such wastes. Disposal of drilling fluids into storm drains,storm Environmeajat Clearances Inronnalfon Summary Page 2 at Colorado Department of Transportation Decembbr'10 sewers,roadside ditches or any other type of man-made or natural waterway is prohloited by Water Quality Control annifor Solid Waste regulations. Small quantities of drilling fluid solds(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 bentonNe day,or,if required for proper drilling properties,small quantities of polymer additives that are approved for use M drinking water well drilling; the solids are fully contained In a pit,and are not nicely to pose a nuisance to future work In the area,3)the solids are covered and area restored as required by COOT permit requirements(Utility.Special Use,or Access Permits,etc.). Contactlnformatfon: Contact the COOT 1 CDPHE Liaison or COOT Water Quality Program Manager. Concrete Washout-Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways,Wets,receiving ., . waters,or in the COOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet from state waters,dralnageways.and Inlets. Concrete washout shall only be performed as specified by the COOT 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:hit;*JANwtiv cot=.r:dodot.inI I=r,*r msf:nuiron entaliw r. ar lilVfrevised-m-slandards:refer lo the link Revision of :Won 1.1 117 20: 213 Web r alarm Can . rr - or More Acres of pislurb_a�for additional guidance. SPli,Rena-Spits shall be contained and cleaned up as soon as possible. Spills shall NOT be washed down into the storm drain or buried. AN spills shall be reported to the COOT Mat Discharge Hotline at(303)512.4446(4H2O),as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways,into waterways,any spill in the highway right-of-way exceeding 25 gallons,or that may otherwise present an Immediate danger to the public shall be reported by caning 911,and shall also be reported to the CDPHE at 1-877-51 8-5608. About, t P -Question or comments about this Information Summary may be directed to Alex Kerami,COOT Safety&Traffic Engineerinot Utilities Unit,at(303)757-98410vilio,alex.karamedotstate.co.us. } Environmental Clearances Infonnalion Summary ary Page 3 of 3 Colorado Department of Transportation nhrporlation decernbar'10 ti"..T O ,'..f.‘' .., 0 Q-'.. DEPARTMENT OF THE ARMY -, _ A ,. 2-I U.S.ARMY CORPS OF ENGINEERS,SACRAMENTO DISTRICT II tiliv..4sj n 1325 J STREET SACRAMENTO CA 95814-2922 +pis ice E LYT �i E D AP O RECEIVED ATTENTION OF ,�.�-----�""""I March 12, 2015 MAR 13 2015 1 Regulatory Division (SPK-2015-00215) ENGINEERING Eagle County Engineering Attn: Ms. Eva Wilson, P.E., CFM PO Box 850 Eagle, Colorado 81631-0850 Dear Ms. Wilson: We are responding to your 03/03/2015 request for a Department of the Army permit for the Eagle River Embankment Stabilization project. This project involves the discharge of dredged or fill material in waters of the United States to construct a bank stabilization project along the Eagle River. Approximately 80 cubic yards of boulders will be used to stabilize 55 linear feet of eroding stream bank immediately adjacent to US Highway 6. The site is located in Section 2, Township 5 South, Range 86 West, Sixth Principal Meridian, Latitude 39.647948°, Longitude -107.011465°, Dotsero, Eagle County, Colorado. Based on the information you provided, the proposed activity, which will result in permanent impact to approximately 55 linear feet of Eagle River stream bank, is . authorized by Nationwide Permit Number (NWP) NWP 13 Bank Stabilization. You must comply with the general terms and conditions listed on the NWP information sheet and applicable regional conditions. Information on the NWP and regional conditions are available on our website at http://www.spk.usace.army.mil/Missions/Regulatory/Permitting/NationwidePermits.aspx. In addition, you work must comply with the following special conditions: Within 30 days after completion of the authorized work, you must sign the enclosed Compliance Certification and return it to this office. This verification is valid until March 18, 2017, when the existing NWP's are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date the NWP is modified, reissued, or revoked, you will have 12 months from the date of the modification, reissuance or revocation of the NWP to complete the activity under the present terms and conditions. Failure to comply with the general and regional conditions of this NWP, or the project-specific special conditions of this authorization, may result in the suspension or revocation of your authorization. EXINSIT e -2- We would appreciate your feedback. At your earliest convenience, please tell us how we are doing by completing the customer survey from the link on our website, listed below. Please refer to identification number SPK-2015-00215 in any correspondence concerning this project. If you have any questions, please contact Matthew Montgomery at our Grand Junction Regulatory Office, 400 Rood Avenue, Room 224, Grand Junction, Colorado 81501, by email at Matthew.R.Montgomery @usace.army.mil, or telephone at 970-243-1199 17. For more information regarding our program, please visit our website at www.spk.usace.army.miUMissions/RegulatoTaspx. Sincerely, Matthew Montgomery Senior Project Manager, CO West Branch Regulatory Division Enclosures 1. Compliance Certification cc: (w/o ends) Mr. Bob Narracci, Planning Director, Eagle County Planning Department, Post Office Box 850, Eagle, Colorado 81631 • ' r 1 COMPLIANCE CERTIFICATION Permit File Name: Eagle River Embankment Stabilization Permit File Number: SPK-2015-00215 Nationwide Permit Number: Permittee: Eagle County Engineering Attn: Ms. Eva Wilson, P.E., CFM PO Box 850 Eagle, Colorado 81631-0850 County: Eagle Date of Verification: March 12, 2015 Within 30 days after completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Sacramento District 400 Rood Avenue, Room 224 Grand Junction, Colorado 81501 DLL-CESPK-RD-Compliance@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the U.S. Army Corps of Engineers. I hereby certify that the work authorized by the above-referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the permit verification. Signature of Permittee Date x.