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HomeMy WebLinkAboutC13-180 Stone Creek Flood Hazard Mitigation Project AgreementCONSTRUCTION AGREEMENT FOR STONE CREEK FLOOD HAZARD MITIGATION PROJECT THIS CONSTRUCTION AGREEMENT is dated as of the ' — day of , 2013, by and between Eagle County, Colorado, a body corporate and politic, acting by and thro gh its Board of County Commissioners (hereinafter called "County" or "Owner ") whose address for purposes hereof is P.O. Box 850, 500 Broadway, Eagle, CO 81631, and Schofield Excavation, Inc. a Colorado corporation licensed to work in the State of Colorado (hereinafter called "Contractor ") whose address for purposes hereof is PO Box 612, 106 Oak Ridge Drive, Suite 202, Gypsum, CO 81637. Owner and Contractor, in consideration of the mutual covenants herein set forth, agree as follows: ARTICLE 1- THE PROJECT AND THE WORK 1.1 The construction project which is the subject matter hereof is generally described as the Stone Creek Flood Hazard Mitigation Project (the "Project "). Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents ( "Work "). 1.2 This Project is supported by the Colorado Department of Local Affairs, Division of Emergency Management. The percentage of the total cost of the Project to be funded with grant funds is seventy five percent (75 %); and the Project is supported by the Colorado Department of Affairs, Division of Emergency Management which has provided $180,000 for the entire Project. 0111. 3 A more complete description of the Project and a description of the applicable Project site (the "Site ") is provided by the Contract Documents. 1.4 Capitalized terms that are not defined in this Agreement shall have the meanings ascribed to them in the General Conditions and (or) the other Contract Documents as applicable. 1.5 The intent of the Contract Documents is to include all items reasonably necessary for the proper execution and completion of the Work. The Contract Documents are complementary and what is required by any one shall be binding as if required by all. Based on Contractor's careful review of the Contract Documents, Contractor acknowledges that the Contract Documents require the construction of a completed Project in accordance with the terms hereof. 1.6 Contractor shall perform all the Work required by the Contract Documents or reasonably inferable therefrom, for the complete construction of the Project in accordance with the Contract Documents. Contractor shall provide and furnish all materials, supplies, equipment, tools, implements, all other facilities, and all other labor, supervision, security, transportation, utilities, storage, appliances and all other services as and when required for or in connection with the complete construction of the Project. 1.7 If the Work is taking place on property owned by other federal, state or local governmental entities, or a public utility or other third party, Contractor shall comply with any additional terms and conditions required by applicable law and (or) applicable permits. C11 ARTICLE 2 - OWNER'S REPRESENTATIVE 2.1 The Project is under the authority of the Eagle County Engineering Department, the Manager of which, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. 2.2 Contractor's representative is Levi Schofield. 2.3 Neither Owner's nor Contractor's representative shall be changed with less than ten (10) days prior written notice to the other party. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be completed and ready for final payment in accordance with the Contract Documents on or before May 16, 2014 ( "Contract Time "). 3.2 Contractor shall employ all such additional labor, services and supervision, including such extra shifts and over time, as may be necessary to maintain and to achieve final payment in accordance with the Contract Documents on or before May 16, 2014 all without an increase in the Contract Price. 3.3 Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving at a legal or arbitration hearing, the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner Five Hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is complete. ARTICLE 4 - CONTRACT PRICE 4.1 Owner shall pay Contractor, for Contractor's performance of the Work under the Contract Documents, a fixed sum of one hundred sixty -two thousand two hundred sixty -eight dollars and fifty cents 162,268.50) ( "Contract Price "). 4.2 Notwithstanding anything in the Contract Documents to the contrary, the Contract Price (which is based in part upon unit prices) includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead or profit. Unit quantities actually incorporated in the Project may be adjusted subject to the fixed sum Contract Price and in accordance with the Contract Documents. In no event shall the Unit prices set forth in Contractor's Bid Form be adjusted. 4.3 Contractor acknowledges that Owner is a tax exempt entity and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 4.4 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents. C 2 4.5 Pursuant to the provisions of §24 -91- 103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy - granting provision in the Agreement. 4.6 Eagle County is a governmental entity and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Specifically, notwithstanding anything to the contrary contained in this Agreement, Owner shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the Owner in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29 -1 -101 et.seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). 4.7 Intentionally Omitted. ARTICLE 5 - PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications or Payment will be processed as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: Subject to the provisions of the Grant Agreement, attached hereto as Exhibit "C ", Owner shall make monthly progress payments on account of the Contract Price and as provided in the Contract Documents. All progress payments will be on the basis of the progress of the Work. Owner shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. 5.2 The period covered by each Application for Payment shall be one calendar month beginning on the first of each month and ending on the last day of the month. 5.3 Each Application for Payment shall be based upon the unit prices and percentage of completion as set forth in the Contract Price and otherwise in accordance with the Contract Documents. Each Application for Payment shall show actual quantities incorporated into the Project for each portion of the Work as of the end of the period covered by such Application for Payment. 5.4 Prior to Completion, Owner shall authorize partial payments at the end of each calendar month or as soon thereafter as practicable if Contractor is satisfactorily performing the Agreement. Progress payments will be in an amount equal to: 95% of the calculated value of the Work completed. The withheld percentage of the Contract Price shall be retained until the Agreement is completed satisfactorily and finally accepted by the Owner. 5.5 Progress payments and retained funds shall occur in compliance with the General Conditions attached hereto and C.R.S. §24 -91 -103. 5.6 In taking action on Contractor's Applications for Payment, Owner shall be entitled to rely on the accuracy and completeness of the information furnished by Contractor and shall not be deemed to represent that (i) Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) Owner has made exhaustive or continuous on -site inspections of the Work; or (iii) Owner has made examination to ascertain how or for what purposes Contractor has used amounts previously paid on the Contract Price. 5.7 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing thereon and complied with C.R.S. §38 -26 -107. Final payment shall be made in accordance with the requirements of the aforesaid statute. Owner shall make a final settlement in accordance with C.R.S. 3 8 -26 -107 within sixty days after the contract is completed satisfactorily and finally accepted by Owner. 5.8 Owner may withhold payments due to Contractor, to such an extent as may be necessary to protect Owner from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Work in accordance with this Agreement. 5.9 Notwithstanding the fact some of the Work may occur on property owned by third parties that are not governmental entities, the Contractor acknowledges and agrees that payment shall be made in accordance with C.R.S. 24 -91 -103 and C.R.S. 38 -26 -107 and hereby waives it right to lien the property. Contractor shall include the language of this paragraph 5.9 in any subcontracts for the Project. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 4 5.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 6.5 In performing the Work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. 6.6 Contractor represents and warrants that it holds a license, permit or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. 6.7 Contractor shall maintain insurance as set forth in the General Conditions. Before permitting any of his subcontractors to perform any Work under this Agreement, Contractor shall require each of his subcontractors to procure and maintain such insurance as set forth in the General Conditions. 6.8 Contractor acknowledges that this Agreement is subject to all of the provisions of the Agreement between the State of Colorado Department of Local Affairs and Eagle County as well as Amendment One thereto, all of which are attached hereto as Exhibit "C" (collectively the "Grant Agreement "), and agrees to comply, to the extent applicable, with said Grant Agreement. Contractor shall insert a clause containing the terms of this section 6.8 in all contracts or sub - contracts. 6.9 Contractor agrees to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60). Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement on the basis of race, color, religion, national origin, sex, sexual orientation, ancestry, physical handicap, age, political affiliation or family responsibility. Contractor shall insert a clause containing the terms of this section 6.9 in all contracts or sub - contracts that exceed $10,000.00. 6.10 Due to the involvement of federal funding for this Project, the Contractor shall, to the extent applicable, comply with the Copeland Anti- Kickback Act (18 U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3). Contractor shall insert a clause containing the terms of this section 6.10 in all contracts or sub - contracts. 6.11 intentionally omitted. 6.12 Contractor agrees to comply, to the extent applicable, with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5). Contractor shall insert a clause containing the terms of this section 6.12 in all CI contracts or sub - contracts in excess of $2,000.00. 6.13 Contractor agrees to comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Air Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). Contractor shall insert a clause containing the terms of this section 6.13 in all contracts or sub - contracts in excess of $100,000.00. 6.14 Contractor agrees to comply with all mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub.L. 94 -163, 89 Stat. 871). 6.15 Contractor will take all necessary affirmative steps to assure that minority firms, women's business enterprises and labor surplus area firms are used for subcontracts when possible. See Exhibit E, 44 CFR Part 13.36(e)(2)(i) -(v). 6.16. Contractor agrees to comply, to the extent applicable, with Federal Emergency Management Agency procurement requirements (44 CFR Part 13.36), attached hereto as Exhibit "E". Contractor shall insert a clause containing the terms of this section 6.16 in all contracts or sub - contracts. 6.17 Contractor agrees to comply with the Buy American Act, 41 U.S.C. 10a et.seq. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Contractor's Bid Form, attached hereto as Exhibit "A" and incorporated herein. 7.3 Bid Documents comprised of the Invitation to Bid and Instructions to Bidders, attached hereto as Exhibit "B" and incorporated herein. 7.4 Agreement Between the State of Colorado Department of Local Affairs and Eagle County and Amendment One to Flood Mitigation Assistance Grant with Eagle County both of which are attached hereto as Exhibit "C" and incorporated herein. 7.5 Construction Plan Set dated April, 2013, Sheets 1 through 20 and Technical Specifications each are attached hereto and incorporated herein as Exhibits "F" and "G" respectively. 7.6 Addendum #1, Dated May 21, 2013 and attached hereto and incorporated herein as Exhibit "H ". 7.7 Performance and Payment Bonds. 7.8 Notice of Award and, if any, Notice to Proceed. 7.9 General Conditions attached hereto as Exhibit "D" and incorporated herein. 7.10 44 CFR 13.36, attached hereto as Exhibit "E ". 7.11 Any modification, including Change Orders, duly delivered after execution of Agreement. The parties acknowledge and agree that this Agreement and the General Conditions attached hereto, shall upersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 — BONDS 8.1 Upon execution of this Agreement, Contractor shall deliver to the Owner the bonds required by the Contract Documents, and, notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. ARTICLE 9- SUBCONTRACTS AND OTHER AGREEMENTS 9.1 Those portions of the Work that Contractor does not customarily perform with Contractor's own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a "Subcontract" and collectively "Subcontracts "). 9.2 All Subcontracts shall conform to provisions of this Agreement, and shall comply with all applicable federal and state laws and shall provide that such Subcontracts shall be governed by the laws of the State of Colorado. By an appropriate written agreement, Contractor shall require the subcontractor to 0, the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, the Contract Documents to which the subcontractor will be bound by this paragraph 9.2. Each subcontractor shall similarly make copies of such Contract Documents available to its subcontractors. Owner shall have the right to review and approve each form of Subcontract. 9.3 Contractor shall be responsible to Owner for the acts and omissions of its agents, employees, suppliers, subcontractors performing Work under a contract with Contractor and such subcontractors' lower -tier subcontractors, agents and employees. 9.4 Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and Owner. ARTICLE 10 - MISCELLANEOUS 10.1 Owner may, without consent of Contractor, and if required by the State of Colorado, assign to the State of Colorado all of Owners right title and interest in this Agreement and to the Work. Other than an assignment to the State of Colorado no assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the parry sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.3 In the event of litigation between the parties hereto regarding the interpretation of this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit otherwise is brought to recover damages for breach of this Agreement, or an action be brought for injunction or specific performance, then and in such events, the prevailing party shall recover all reasonable costs incurred with regard to such litigation, including reasonable attorney's fees. 10.4 This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in the District Court for Eagle County, Colorado. 10.5 This Agreement supersedes all previous communications, negotiations and /or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 10.6 Any notice and all written communications required under this Agreement shall be (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, or (iii) transmitted by facsimile machine together with a hard copy conveyed by delivery or mail, to the appropriate party at the following addresses: County: Greg Schroeder, Senior Staff Engineer Eagle County, Colorado 500 Broadway P. O. Box 850 Eagle, CO 81631 Telephone: (970) 328 -3560 Fax: (970) 328 -8789 Contractor: Schofield Excavation, Inc. Levi Schofield PO Box 612 106 Oak Ridge Drive, Suite 202 Gypsum, CO 81637 Telephone: (970)524 -3478 Fax: (970)524 -3470 With a copy to: Eagle County Attorney P.O. Box 850 500 Broadway Eagle, CO 81631 Telephone: (970) 328 -8685 Fax: (970) 328 -8699 CII Notices delivered in person shall be effective as of the date of delivery, mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either parry can change its address for notice by notice to the other in accordance with this paragraph. 10.7 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. § 8- 17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Contractor certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ( "Department Program ") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. A. Contractor shall not: i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E -verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: hqp:// www. dhs.g_oy /xpreyprot/programs /g_c 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 illegal alien, the Contractor shall be required to: i) Notify the subcontractor and the County within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor 9 provides information to establish that the subcontractor has not knowingly employed or I ontracted with an illegal alien. ; E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8- 17.5- 102(5). F. If Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the County as required by law. G. The County will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the County terminates the Contract for such breach. 10.8 The County and the Federal Government, including the Comptroller General of the United States or any of their duly authorized representatives, have the right to examine and audit excerpts and transcriptions relevant financial records for a period not to exceed three (3) years after final payment and expiration of the terms of this Agreement. Contractor must maintain an established accounting system that complies with generally accepted accounting principles. Records related to disputes arising out of this Agreement shall be maintained and made available until such disputes have been resolved. As used in this provision, records" includes books, papers, records, documents, accounting procedures and practices, and other data, regardless of the type and regardless of whether such items are in written form, in the form of computer data, or in any other form. C) Contractor shall maintain all records and other evidence sufficient to reflect costs claimed to have been incurred or anticipated to be incurred directly or indirectly in performance of this Agreement. County, the Federal Government, including the Comptroller General of the United States or any of their duly authorized representatives, shall have the right to examine and audit those records at any time, or from time to time. The right of examination shall include inspection at all reasonable times at the offices of Contractor or sub - contractors responsible for the Project. Contractor will be required to submit cost or pricing data and supporting information in connection with any invoice relating to this Agreement if requested by County. This section shall not be construed to require Contractor or its sub - contractors to create or maintain any record that they do not maintain in the ordinary course of business pursuant to a provision of law, provided that those entities maintain records which conform to generally accepted accounting practices. Contractor shall insert a clause containing the terms of this section in all contracts or sub - contracts that exceed $100,000. 10.9 Any indemnity, warranty or guaranty given by Contractor to Owner under the Contract Documents shall survive the expiration or termination of the Contract Documents and shall be binding upon Contractor until any action thereunder is barred by the applicable statute of limitations or as otherwise expressly provided on the Contract Documents. 10.10 If Contractor brings to the performance of this Agreement a pre- existing patentor copyright, the Contractor shall retain all rights and entitlements to that pre- existing patent or copyright. Otherwise, it is expressly agreed that the work performed under this Contract is a work for hire. 10 A. If any discovery or invention arises or is developed in the course of, or as a result of, work or services performed under this Agreement, or in any way connected herewith, the Contractor shall refer the discovery or invention to the Owner's Project Manager for a determination whether patent protection will be sought in the name of the County. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to Eagle County. In the event that any books, man s, or other copyrightable material are produced, the Contractor shall notify the Own copyrights accruing under or in connection with the performance under this Agr d alp ereby reserved to Eagle County. All materials to which the Owner is to have atent tg t dr c0 rights shall he marked and dated by the Contractor in such a manner as too refer** q# pt pt-:!4Q legal right of4l1ee _t = Owner. B. Prior to the initiation of services under this Agreement, the Contractor shall disclose, in writing, all intellectual properties relevant to the performance of this Agreement which the Contractor knows, or should know, could give rise to a patent or copyright. The Contractor shall retain all rights and entitlements to any pre - existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Owner shall then, under paragraph A above, have the right to all patents and copyrights which arise as a result of performance under this Agreement. C. The terms and conditions specified in paragraphs A and B above shall also apply to any subcontract made under this Agreement. The Contractor shall be responsible for informing the i subcontractor of the provisions of this section and obtaining disclosures. 10.11 All rights and title to works for hire under this Agreement, whether patentable or copyrightable or not, shall belong to the Owner and shall be subject to the terms and conditions of this Agreement. The Contractor warrants that all materials produced hereunder will be of original development by the Contractor and will be specifically developed for the fulfillment of this Agreement and will not knowingly infringe upon or violate any patent, copyright, trade secret or other property right of any third party, and the Contractor shall indemnify and hold the Owner harmless from and against any loss, cost, liability or expense arising out of any breach or claimed breach of this warranty. 10.12 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Work or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Work and Contractor should not employ any person having such known interests: Remainder of page intentionally left blank] C11 11 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first set forth above. AT] By: C1 STATE OF COLORADO ss: COUNTY OF EAGLE EAGLE COUNTY, COLORADO By and through its Board of County Commissioners Ry'ritn.1ME Contractor ": SCHOFIELD EXCAVATION, INC. a Colors corporate By: 'IrA/11 Levi Scho i d Its: PC"2,St ciet'r The foregoing instrument was acknowledged before me by Levi Schofield of Schofield Excavation, Inc. a Colorado corporation this_, day of U fie- , 2013. My commission expires: to 'a U LJ,'3ON K. BUTLER Notary Public notary Public of Colorado 12 ExhibitA-Pagel ofl2 BID FORM PROJECT IDENTIFICATION: STONE CREEK FLOOD HAZARD MITIGATION PROJECT THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 500 Broadway Eagle,Colorado 81631 Mailing:Eagle County Engineering Department Attn:Greg Schroeder,Senior Staff Engineer P.0.Box 850 Eagle,CO 81631 Physical:500 Broadway Eagle,Colorado 81631 1.The undersigned BIDDER proposes and agrees,if this bid is accepted,to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this bid and in accordance with the Contract Documents. 2.BIDDER accepts all of the terms and conditions of the Instructions to Bidders,including without limitation those dealing with the disposition of bid security.This bid will remain open for thirty (30)days after the day of bid opening.BIDDER will sign the Agreement and submit the contract security and other documents required by the Contract Documents within fifteen (15)days after the date of OWNER’S Notice of Award. 3.In submitting this bid,BIDDER represents,as more fully set forth in the Agreement,that: a.BIDDER has examined copies of all the Contract Documents and of the following addenda: Date Number !4ic’2tlOL3 ‘i--i (Receipt of all of which is hereby acknowledged)and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders; Bf-l Exhibit A -Page 2 of 12 b.BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal,state,and local laws,ordinances,rules,and regulations),and the conditions affecting cost,progress,or performance of the Work,and has made such independent investigations as BIDDER deems necessary; c.This bid is genuine,and notmade in the interest of,or on behalf of any undisclosed person,firm,or corporation,and is not submitted in conformity with any agreement or rules of any group,association,organization,or corporation; BIDDER has not,directly or indirectly,induced nor solicited any other bidder to submit a false or sham bid;BIDDER has not solicited nor induced any person, firm,or corporation to refrain from bidding;and BIDDER has not sought by collusion to obtain for himself any advantage over any other bidder or over OWNER. 4.BIDDER agrees that Work will be completed on or before April 1,2014. 5.BIDDER accepts the provisions of the Agreement as to the liquidated damages in the event of failure to complete the Work on time. 6.Communication concerning this bid shall be addressed to the address of BIDDER indicated below: PO G9pSOcc\CD?Uo?fl _______________________Phone Number9Q 7.The following documents are attached to and made a condition of this bid: a.Required bid security in the form of a certified or ban’eck or bid bond. Initial Here to indicate document is attached __________ b.A completed “Government-Wide Debarment and $%nsion”form. Initial Here to indicate document is attached - c.A completed Bid Tab.Initial Here to indicate document is attached 8.BIDDER will complete the Work for the following lump sum and unit prices: SEE EXHIBIT “A”BID TAB FOR BID PRICES ENTER TOTAL HERE FROM BID TAB:I (&%o2 (a 84 50 9.The terms used in this bid which are defined in the Agreement and General Conditions included as part of the Contract Documents have the meanings assigned to them in the Agreement and General Conditions. SUBMITTED ON f’((1rch 9 ,2Of. BF-2 If BIDDER is: An Individual By: BF-3 ExhibitA-Page 3 of 12 Doing business as: Business address: 1ëumber: ExhibitA-Page 4 of 12 By:2) Pho,%wCer: BF-4 0CDIa6)-47iUiC.)00HTj12Tj15.oOIC)001:112—r’.C)\-,000CD0C.)00mx0-tiCDC,,0-h Exhibit A-Page 6 of 12 A Joint Venture END OF BID FORM By: By: (Address) (Each joint venture’must sign.The manner of signing for each individual,partnership,and corporation that is a party to the joint venture should be in the manner indicated above) BF-6 Exhibit A -Page 7 of 12 TUE CINCINNATI INSURANCE COMPANY CINCINNATI,OHIO Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we Schofield Excavation Inc.,106 Oakridge Drive,Gypsum,CO 81637 as Principal,hereinafter called the Principal,and THE CINCINNATI INSURANCE COMPANY,6200 S.Gilmore Road, Fairfield,Ohio 45014-5141,a corporation duly organized under the laws of the State of Ohio,as Surety,hereinafter called the Surety,are held and firmly bound unto Eagle County as Obligee,hereinafter called the Obligee,in the sum of Five percent of bid Dollars ($5%of bid for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors. administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has submitted a bid for Stone Creek Flood Mitigation,Eagle County NOW,THEREFORE,if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds,if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this (Witness) THE CINCINNA TI INSURA NCE COMPANY (Surety)(Seal) By:JL. The Company executing this bond vouches that this document conforms to American Institute of Architects Document A 10, February 1970 Edition. S-2000-AIA (6/08)PU8LIC 23rd ja{of May,2013 (WItness)fJ’U Schofield Excavation Inc. By:A (Principal)(Seal) cS/c,Ltd -flitle) LIII CINCINNATI INSURANCE COMPA Exhibit A -Page 8 of 12 Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That ThE CINCINNATI INSURANCE COMPAN a corporation organized under the laws the State of Ohio,and having its principal office in the City of Fairfield,Ohio,does hereby constitute and appoint Robert Asa Jones;Nanette R.Avery;Bryan K.Avery;Cheryl Sos and/or Joe Luetke of Glenwood Springs,Colorado its true and lawful Attorney(s)-in-Fact to sign,execute,seal and deliver on its behalf as Surety,and as its act and deed,any and all bonds,policies,undertakings,or other like instruments,as follows: Any such obligations in the United States,up to Twenty Million and No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company,a quorum being present and voting,on the 6th day of December,1958,which resolution is still in effect “RESOLVED,that the President or any Vice President be hereby authorized,and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds,policies,undertakings,or other like instruments on behalf of the Corporation,and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal;and may with or without cause modify or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.” This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7”day of December,1973. “RESOLVED,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate beating such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.” IN WITNESS WHEREOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corpora seal,duly attested by its Vice President this 10th day of Octobei 200$. •THE C]INSURANCE COMPANY0 STAmOFOmO )ss: COUNTY OF BUTLER ) On this 10th day of October,2008,before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY to me personally known to be the officer described herein,and acknowledged that the seal affixed to the preceding insti-ument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority ‘“i of said corporation. MARK J.H LLER,Attorney at Law NOTARY PUBLIC -STATE OF OHIO My commission has no expiration date.Section 147.03 C.R.C. I,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPAN’4 hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in full force and effect. GiVEN under my hand and seal of said Company at Fairfield,Ohio. this dayof BN-1005 (10/08) •Exhibit A -Page 9 of 12 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION 49 CFR Part29,Executive Orders 12549,12689,and 31 US.C.6101 (Contracts over $25,000) Background and Applicability In conjunction with the Office of Management and Budget and other affected Federal agencies,DOT published an update to 49 CFR Part 29 on November 26,2003.This government-wide regulation implements Executive Order 12549,Debarment and Suspension,Executive Order 12689, Debarment and Suspension,and 31 U.S.C.6101 note (Section 2455,Public Law 103-355,108 Stat 3327). The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level)for Federally required auditing services.49 CFR 29.220(b).This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000.These are contracts and subcontracts referred to in the regulation as ‘covered transactions.” Grantees,contractors,and subcontractors (at any level)that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates)they propose to contract or subcontract with is not excluded or disqualified.They do this by (a)Checking the Excluded Parties List System,(b)Collecting a certification from that person,or (c)Adding a clause or condition to the contract or subcontract.This represents a change from prior practice in that certification is still acceptable but is no longer required.49 CFR 29.300. Grantees,contractors,and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29,subpart C and include this requirement in their own subsequent covered transactions (i.e.,the requirement flows down to subcontracts at all levels). Instructions for Certification:By signing and submitting this bid or proposal,the prospective lower tier participant is providing the signed certification set out below. Suspension and Debarment This contract is a covered transaction for purposes of 49 CFR Part 29. As such,the contractor is required to verify that none of the contractor,its principals,as defined at 49 CFR 29.995,or affiliates,as defined at49 CFR 29.905,are excluded or disqualified as defined at 49 CFR 29.940 and 2 9.945. The contractor is required to comply with 49 CFR 29,Subpart C and must include the requirement to comply with 49 CFR 29,Subpart C in any lower tier covered transaction it enters into.By signing and submitting its bid or proposal,the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the recipient.If it is later determined that the bidder or proposer knowingly rendered an erroneous certification,in addition to remedies available to the recipient,the federal Government may pursue available remedies,including but not limited to suspension and/or debarment.The bidder or proposer agrees to comply with the requirements of 49 CfR 29,Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contractor Signature of Authorized Official (5t.C4%j/z€.d./ Date3./.kj)1VI )c-c,4fLfr) Name and Tide of Contractor’s Authorized Official Lv x cJ€n — 22 Addeadwa #1 -B -Page 1 Exhibit A -Page 10 of 12 STONE CREEK FLOOD HAZARD MGA71ON DESIGN Bid Tab -Revised 5/21/2013 BID hEM DESCRIPflON OF IQuMWIY PAY UNIT TOTAL COST OF NO.EN)ITEM I UNIT PRICE BID ITEM SITE 1 -Little Eisenhower Trail Modification 1.01 Mobihzation 1 15 1.02 fraffic Control 1 IS 1.03 Site Restoration 1 IS 1.04 -Erosion Control 1 IS I a.9 p 12.9 - 1.05 Remove Asphaft Trail 285 SY 5130 - 1.06 Remove Block Retarning Wall 48 IF /5 a)- 1.07 Remove 18”CMP 1 15 - 1.08 Reconstruct Trail 3”Thick Asphalt 265 SY 3 C 1.09 Aggregate Base Course 70 TN 5 1.10 Constructlimber Stairs I IS Iaso.°°t 2SO - 1.11 Regrade New Channel 310 SY I S so 1.12 Unclassified Excavation (Haul)1 CS f - 1.13 Revegetation,Sod 2800 SF 114 Irrigation Reconnection 1 IS S op - 1.15 Survey 1 13 Sitel Stabtot 3,? SITE 2-flood Byps Qiannel 2.01 Mobilization 15 225c) 2.02 Site Restoration 1 15 95 2.03 Erosion Control 1 13 j 13Cc - 2.04 Remove&Salvage 57x38N CMP 1.15 2.05 Regrade New Channel 1135 SY S 5i,;S - 206 Unclassified.E cai.atbon (Haul)1 tOc 0 Oca — 2.07 Revegetation,Sod 1150 5)2 9 - 2.08 Revegetation,Native Seeding 9050 SF •c — 2.09 frrigation Reconnection 1 ii /Cxjp 2.10 Existing Cable Utility Trenching 155 IF -7 55)— 2.11 15urvey 1,15 tOo ô —I a — t Site 2 Subtotalf ST-i ExhibitA-Page 11 of 12 Addendum #1 -‘thThjt R -Page 2 STONE CREEK FLOOD HAZARD MGATtON DESIGN Bid Tab -Revised 5/21/2013 BID ITEM DESCRWflON OF QUANTttY PAY UNIT TOTAL COST Of NO.BID ITEM UNIT PRICE BID ITEM SITE 3 -Hollands Pond Bypass 3.01 Mobilization 1 15 —/7) 3.02 Traffic Control 1 IS 3.03 Site Restoration 1 IS 2$)- 3.04 Erosion Control 1 [5 t4 2o g 3 ?0 — 3.05 Water Control 1 15 - 3.06 Remove 42”x 29”CMP 1 15 ,25 o 2 — 3.07 Concrete Diversion Structure 17 CV a a 3.0$Install Salvaged 57”x 3$”CMP 20 IF 10 a .O Ck) 3.09 Concrete Headwatl 25 CY .3i &Oo 3.10 24”Boulders at Diversion Structure 53 SY 9 i.i.f 5 — 3.11 Remove &Reset Pond Boulders (2 groups)1 15 3OotJ — 3.12 Aggregate Base Course 72 TN 9 — 3.13 Regrade New Channel 440 SY 5 — 3.14 Unclassified Excavation (Haul)1 IS I LOO 3.15 Embankment CIP 1 15 — 316 Revegetation,Native Seeding 4500 SF •5 p 3.17 Erosion Control Blanket 4500 SF •33 Lj5,— 3.18 Irrigation Reconnection 1 15 5,p 5O — 3.19 Survey 1 IS — Sfte3Subtetal SITE 4-Upper creek Overflow Structure 4.01 Mobilization 1 IS ) 4.02 Site Restoration 1 IS 4.03 Erosion Control 1 IS 9.50 4.04 Water Control 1 IS - 4.05 Signal Boulders (36”)6 LA ,5j) 4.06 Reconstruct Boutder Diversion Structure 20 SY 75 j 5J 4.07 Revegetation,Native Seeding 535 SF 5 24 ..SO 4.0$Erosion Control Blanket 535 SF 5 ,,9.5o 4.09 Survey 1 IS — SIte 4 Subtotal BT-2 Addendum #1 -Exhibit E -Page 3 Exhibit A -Page 120112 STONE CREEK ROOD HAZARD M[DGAI1ON DESIGN Bid Tab -Revised 5/21/2013 TOTAL I I (o a ,L’ Total Bid (Please write out total bid amount).2v.k*dat1 si,4-/-tio 4&4rit..e.4 A41e& BID ITEM DESCRIPTION OF QUANTfIV PAY UNIT TOTAL COST OF LNo.BID ITEM UNIT PRICE BID ITEM SITE S -Trout Pond Outlet 5.01 Mobilization 1 15 2 5.02 Traffic Control 1 IS 5)— 5.03 Site Restoration I IS 5.04 Erosion Control 1 13 — 5.05 Water Control 1 15 — 5.06 Trout Pond Outlet Structure 1 15 -—/L J5/ 5.07 Install Salvaged 57”x 38”CM?10 IF JJdc — 5.08 Junction Structure 1 15 - 5.09 Revegetation,Native Seeding 500 SF 5 5.10 Survey 1 13 -- Site S Subtotal BT-3 Exhibit B -Page 1 off STONE CREEK FLOOD HAZARD MITIGATION PROJECT INVITATION TO BID BRIEF DESCRIPTION OF PROJECT: Eagle County Engineering Department is requesting bids for the construction of a flood hazard mitigation project in the EagleVail community.The project consists of channel modifications in three areas along a flood bypass channel,including repaving of approximately 265 square yards of golf course cart path,construction of a new concrete headwall and diversion structure of approximately 20 cubic yards,construction of a boulder overflow structure of approximately 20 square yards,and completion of a concrete outlet structure and piping connection at Trout Pond.$180,000 of the project is funded by a grant from the F lood Mitigation Assistance Program through FEMA.This amount represents seventy-five percent (75%)of the grant award.The remainder (25%)of the grant award is funded by local fund sources.The total grant award includes construction,design, and project improvement categories.This project was supported by the Colorado Department of Public Safety, Division of Homeland Security and Emergency Management. BID DOCUMENTS: As of April 30,2013,Bid documents can be obtained from the Eagle County Engineering Office at 500 Broadway,Eagle CO,81631,Monday through Friday,8:00 a.m,to 5:00 p.m.Bid information may also be obtained at http ://www.eaglecounty.us/rfp/ MANDATORY PRE-BID MEETING: A mandatory pre-bid meeting will be held on May 8,2013 at 10:00 a.m.local time at the EagleVail Pavilion, 538 Eagle Road,Avon,Colorado 81620.Bidders are required to attend. BID SUBMITTAL: All bids are to be sent or delivered to: Mailing:Eagle County Eagle County Engineering Department P0 Box 850 Eagle,CO 81631 Physical:Eagle County Eagle County Engineering Department 500 Broadway Eagle,CO 81631 Monday through Friday,8:00am to 5:00pm Bids for the work ARE DUE AT 4:00 P.M.LOCAL TIME ON Wednesday,May 29,2013 AT THE ABOVE LOCATION IN EAGLE and at that time will be opened and read aloud.All bids must be enclosed in a sealed envelope plainly marked:“STONE CREEK FLOOD HAZARD MITIGATION PROJECT -BID ENCLOSED” Any bids received afler the above specified time will be inmiediately returned to the Bidder unopened.Eagle County reserves the right to reject any and all bids and to waive informalities herein.Bids may not be withdrawn afler opening for a period of thirty (30)days. This advertisement supersedes the one previously published in the Eagle Valley Enterprise on April 18,2013. ITB-1 Exhibit B -Page 2 off INSTRUCTIONS TO BIDDERS 1.DEFiNED TERMS 1.1.Terms used in these Instructions to Bidders which are defined in the Contract Documents (e.g., the Agreement form)have the meanings assigned to themtherein.The term “Successful Bidder” means the lowest,responsive,responsible bidder to whom Owner (on the basis of Owner’s evaluation as hereinafier provided)makes an award. 2.COPIES OF BIDDING DOCUMENTS 2.1.Complete sets of the Bidding Documents may be obtained from Owners Project Manager,Eagle County Engineering Department,as stated in the Invitation to Bid. 2.2.Complete sets of the Bidding Documents shall be used in preparing bids;Owner does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3.Owner in making copies of Bidding Documents available on the above terms does so only for the purpose of obtaining bids on the Work,and does not confer a license or grant for any other use. 2.4.Bidders shall be responsible for all costs incurred by them in submitting a bid and Owner will have no responsibility therefor. 3.QUALIFICATIONS OF BIDDERS 3.1.To demonstrate additional qualifications to perform the Work,each bidder must be prepared to submit,within five (5)days of Owner’s request,written evidence,such as financial data, additional previous experience,and evidence of authority to conduct business in the jurisdiction where the project is located.Each bid must contain evidence of the bidder’s qualification to do business in Colorado,or a covenant to obtain such qualification prior to award of the contract. 4.EXAMINATION OF CONTRACT DOCUMENTS A1\ID SITE 4.1.Before submitting a bid,each bidder must (a)examine the Contract Documents thoroughly;(b) visit the site to familiarize himself with local conditions that may in any manner affect cost, progress,or performance of the Work;(c)familiarize himself with federal,state,and local laws, ordinances,rules,and regulations that may in any manner affect cost,progress,or performance of the Work;and (d)study and carefully correlate Bidder’s observations with the Contract Documents. 4.2.Before submitting his bid,each bidder will,at his own expense,make such investigations and tests as the bidder may deem necessary to determine his bid for performance of the Work in accordance with the time,price,and other terms and conditions of the Contract Documents. 4.3.On request,Owner will provide each bidder access to the site to conduct such investigations and tests as each bidder deems necessary for submission of his bid. ITB-1 Exhibit B -Page 3 of 7 4.4.The lands upon which the Work is to be performed rights-of-way for access thereto,and other lands designated for use by Contractor in performing the work are identified in the Contract Documents. 4.5.The submission of a bid will constitute an incontrovertible representation by the bidder that he has complied with every requirement of this Article 4,and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of this Work. 4.6.Before submitting a bid,each bidder shall familiarize himself with the contractor debarment information and requirements in Section 6.7.3,Exhibit B,page B-4 of 4,of the attached “Agreement Between the State of Colorado Department of Local Affairs and Eagle County.”and as found on http://www.sam.gov.,and paragraph 19 below. 5.INTERPRETATIONS 5.1.All questions about the meaning or intent of the Contract Documents shall be submitted to Eagle County Engineering in writing to the physical address or mailing address listed above or to greg.schroeder@eaglecounty.us by 5:00pm on May 20,2013. 5.2.Replies will be issued in writing by Addenda mailed,delivered or emailed to all parties recorded by Eagle County Engineering as having received the Bidding Documents.Questions received after the due date for questions shall not be answered.Only questions answered by formal written Addenda will be binding.Oral and other interpretations or clarifications will be without legal effect. 6.BID SECURITY 6.1.Bid security shall be made payable to Owner (Eagle County)in an amount of five percent (5%) of the bidder’s maximum bid price,and in the form of a certified or bank check,or a bid bond issued by a surety meeting the requirements of Article 5,Section 5.1 of the General Conditions. 6.2.The bid security of the successful bidder will be retained until such bidder has executed the Agreement and furnished the required contract security,whereupon it will be returned;if the successful bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen (15)days of the Notice of Award,Owner may annul the Notice of Award and the bid security of the bidder will be forfeited.The bid security of any bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the thirty-first (31st)day after the bid opening.Bid security of other bidders will be returned within seven (7)days of the bid opening. 7.CONTRACT TIME 7.1.The date by which the Work is to be complete (the Contract Time)is set forth in the bid form as April,1,2014 and will be included in the Agreement. 8.LIQUIDATED DAMAGES ITB-2 Exhibit B -Page 4 of 7 8.1.Provisions for liquidated damages,if any,are set forth in the Agreement. 9.SUBSTITUTE MATERIAL AND EQUWMENT 9.1.The Contract,if awarded,will be on the basis of material and equipment described in the Drawings as specified in the Specifications without consideration of possible substitute or or equal”items.Whenever it is indicated in the Drawings,or specified in the Specifications,that a substitute or “or-equal”item of material or equipment may be furnished or used by Contractor if acceptable to Owner,application for such acceptance will not be considered by Owner until after the effective date of the Agreement. 10.SUBCONTRACTORS,ETC. 10.1 If the Contract Documents require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award,the apparent successful bidder,and any other bidder so requested,will,within seven (7)days after the day of the bid opening,submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment)proposed for those portions of the Work as to which such identification is so required.Such list shall be accompanied by an experience statement with pertinent information as to similar proj ects and other evidence of qualification for each such subcontractor,person and organization if requested by Owner.If Owner,after due investigation,has reasonable objection to any proposed subcontractor,other person,or organization,Owner may,before giving the Notice of Award, request the apparent successful bidder to submit an acceptable substitute without an increase in bid price. 10.2 If the apparent successful bidder declines to make any such substitution,the contract shall not be awarded to such bidder,but his declining to make any such substitution will not constitute grounds for sacrificing his bid security.Any subcontractor,other person,or organization so listed,and to whom Owner does not make written objection prior to the giving of the Notice of Award,will be deemed acceptable to Owner. 10.3 Prior to the Notice of Award the apparent successful bidder shall identify in writing to Owner those portions of the Work that such bidder proposes to subcontract and,after the Notice of Award,may only subcontract other portions of the Work with Owner’s written consent. 10.4 No contractor shall be required to employ any subcontractor,other person,or organization against whom he has reasonable objection. ITB-3 Exhibit B -Page 5 of 7 11.BID FORM 11.1 The Bid Form is attached hereto;additional copies may be obtained from Eagle County Engineering. 11.2 Bid forms must be completed in ink or by typewriter. 11.3 Bids by corporations,must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign),and the corporate seal must be affixed and attested by the secretary,or an assistance secretary.The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name,and signed by a partner whose title must appear under the signature,and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid form). 11.7 The address and telephone numbers to which communications regarding the bid are to be directed must be shown. 12 SUBMISSION OF BIDS 12.1 Bids shall be submitted not later than at the time and place indicated in the Invitation to Bid, and shall be included in an opaque,sealed envelope,marked with the project title,and name and address of the bidder,and accompanied by the bid security and other required documents.If the bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation “STONE CREEK FLOOD HAZARD MITIGATION PROJECT -BID ENCLOSED”on the face thereof. 13 MODIFICATION AND WITHDRAWAL Of BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the maimer that bid must be executed),and delivered to the place where bids are to be submitted,at any time prior to the opening of bids. 13.2 If,within twenty-four (24)hours afler bids are opened,any bidder files a fully signed written notice with Owner,and promptly thereafler demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of his bid,that bidder may withdraw his bid,and the bid security will be returned.Thereafler,that bidder will be disqualified from further bidding on the Work. ITB-4 Exhibit B -Page 6 off 14 OPENING Of BIDS 14.1 Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.When bids are opened publicly,they will be read aloud,and an abstract of the amounts of the base bids and major alternates (if any)together with the name of each bidder will be made available afler the opening bids. 15 BIDS TO REMAIN OPEN 15.1 All bids shall remain open for thirty (30)days afler the day of the bid opening,but Owner may, in his sole discretion,release any bid and return the bid security prior to that date. 16 AWARD Of CONTRACT 16.1 A firm fixed price contract may be awarded to the responsive,responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids,is the lowest price. 16.2 Owner reserves the right to reject any and all bids if there is a sound documented reason. Discrepancies between words and figures will be resolved in favor of words.Discrepancies between the indicated sum of any column of figures,and the correct sum thereof,will be resolved in favor of the correct sum. 16.3 In evaluating bids,Owner shall consider whether or not the bids comply with the prescribed requirements,and alternates and unit prices if requested in the bid forms.It is the Owner’s intent to accept alternates (if any are accepted)in the order in which they are listed in the bid form,but Owner may accept them in any order or combination. 16.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any bid,and to establish the responsibility,qualifications,and financial ability of the bidders, proposed subcontractors,and other persons and organizations to do the work in accordance with the Contract Documents to Owner’s satisfaction within the prescribed time. 16.5 No employee,officer or agent of Owner shall participate in the award or administration of a contract supported by federal funds if a conflict of interest,real or apparent would be involved. 17.PERFORMANCE AND OTHER BONDS 17.1 Article 5 of the General Conditions sets forth Owner’s requirements as to performance and payment bonds.When the successful bidder delivers the executed Agreement to Owner,it shall be accompanied by the required contract security. 18.SIGNING Of AGREEMENT 18.1 When Owner gives a Notice of Award to the successful bidder,it will be accompanied by at least two (2)unsigned counterparts of the Agreement and all other contract documents.Within seven (7)days thereafler,Contractor shall sign and deliver at least two (2)counterparts of the ITB-5 Exhibit B -Page 7 of 7 Agreement to Owner with all Contract Documents attached.Thereafter,Owner will deliver a fully signed counterpart to Contractor. 19.GOVERNMENT WIDE DEBARMENT AND SUSPENSION 19.1 The project and Contract Documents are a covered transaction for purposes of 49 CfR Part 29. As such,the Contractor is required to verify that none of the Contractors,its principals,as defined at 49 CfR 29.995,or affiliates,as defined at 49 CFR 29.905,are excluded or disqualified as defined at 49 Cf R 29.940 and 29.945.The Contractor is required to comply with 49 CfR 29,Subpart C and must include the requirement to comply with 49 Cf R 29,Subpart C in any lower tier covered transaction it enters into.By signing and submitting its bid or proposal, the bidder certifies as follows:the certification in this clause is a material representation of fact relied upon by the recipient.If it is later determined that the bidder or proposer knowingly rendered an erroneous certification,in addition to the remedies available to the recipient,the federal Government may pursue available remedies,including but not limited to suspension and/or debarment.The bidder agrees to comply with the requirements of 49 CfR 29,Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder further agrees to include a provision requiring such compliance in its lower tier covered transactions. END INSTRUCTIONS TO BIDDERS ITB-6 Exhibit C -Page 1 of 109 STATE OF COLORADO Department of Public Safety, Division of Homeland Security and Emergency Management AMENDMENT 1 TO FLOOD MITIGATION ASSISTANCE (FMA) Grant Agreement with EAGLE COUNTY Grant Contract #Original Contract CLIN #Amendment CMS # 12EM71520 41388 53962 1.PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the Contract)is entered into by and between Eagle County (hereinafter called “Grantee”),and the STATE OF COLORADO (hereinafter called the “State”)acting by and through Department of Public Safety,Division of Homeland Security and Emergency Management (hereinafter called the “State”). 2.EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the “Effective Date”),but shall be effective and enforceable thereafter in accordance with its provisions.The State shall not be liable to pay or reimburse Grantee for any performance hereunder,including,but not limited to costs or expenses incurred,or be bound by any provision hereof prior to the Effective Date. 3.FACTUAL RECITALS The Parties entered into the Contract for the purpose of providing Flood Mitigation Assistance Grant funds to local governments for the implementation of mitigation projects prior to a diaster event. 4.CONSIDERATION Consideration for this Amendment consists of the payments to be made hereunder and the obligations,promises, and agreements herein set forth. 5.LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract,and the Contract and all prior amendments thereto,if any,remain in full force and effect except as specifically modified herein. 6.MODIFICATIONS The Contract and all prior amendments thereto,if any,are modified as follows: a)Change(s)to Grant Award i.Time Extension Yes The new termination date is 06/30/20 14. No ii.Funding Increase El funding Decrease El N/A From$To$ iii.Reallocation of funds Yes fl No Page 1 of3 Exhibit C -Page 2 of 109 b)Reason(s)for Changes The time extension is required to allow for construction to occur during the fall 2013 with additional time in the spring of 2014 to follow up with landscaping orrevegetation needs. c)Authority for Amendment i.FEMA’s and Division of Homeland Security and Emergency Management’s approval was granted for this Amendment. 7.EfFECTIVE DATE OF AMENDMENT The effective date hereof is upon approval of the State Controller or his designee,or 3/31/2013,whichever is later. 8.ORDER OF PRECEDENCE Except for the Special Provisions,in the event of any conflict,inconsistency,variance,or contradiction between the provisions of this Amendment and any of the provisions of the Contract,the provisions of this Amendment shall in all respects supersede,govern,and control.The most recent version of the Special Provisions incorporated into the Contract or any amendment shall always control other provisions in the Contract or any amendments. 9.AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,or otherwise made available. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 2 of 3 Exhibit C -Page 3 of 109 10.SIGNATURES THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT *Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the State is relying on their representations to that effect GRANTEE STATE Of COLORADO Eagle County John Hickenlooper GOVERNOR By:Jon Stavney I Department of Public Safety, Title:Chair of the Board of County Commissioners Division of Homeland Security and Emergency Management Kevin R.Klein.Director (J *5jgnt -By:Kevin R.Klein.Director .—I Date U —-Date (7 Z / 2nd Grantee Signature if Needed PRE-APPROVED FORM CONTRACT REVIEWER ThIe: By: *Signature —William F.Archambault,Jr. Budget and finance Director Date:Date: ALL GRANTS REOUIRE APPROVAL BY THE STATE CONTROLLER CRS §24.30-202 requires the State Controller to approve all State Grants.This Grant is not valid until signed and dated by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods andior services provided hereunder. STATE CONTROLLER David 3.McDermott PA By:_________________ Date:___________ Page 3 of3 Exhibit C -Page 4 of 109 FMAP 2010 12EM71520 AGREEMENT Between the STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS And Summary Form of Financial Assistance:Grant []Loan Award Amount:$180,000.00 A2reement Identification: Contract Encumbrance #:1 2EM7 1520 (DOLA primaiy identfication #for this agreement) Contract Management System #: _____ (State of Colorado ‘s primary identification #for this agreement) Project Information: Proj ectJAward Number:1 2EM7 1520 Project Name:Eagle County Stone Creek Project Performance Period:Start Date:EffectiveDate End Date:9/30/2013 Brief Description of Project /This project will provide flood protection to properties located along Stone Assistance:Creek and the Stone Creek Bypass Channel by enlarging the existing bypass channel and upgrading culverts. Program &Funding Information: Program Name Flood Mitigation Assistance Program Catalog of Federal Domestic Assistance (CFDA)Number (if federal funds):97.029 Funding Account Codes:100/SB 00/7 15/51 20/FO 15/3715 Page 1 ofl7 Form Revised:04/2010 Exhibit C -Page 5 of 109 fMAP 2010 12EM71520 TABLE OF CONTENTS 1.PARTIES 2 2.EfFECTIVE DATE AND NOTICE OF NONLIABIIJTY 2 3.RECITALS 3 4.DEFINITIONS 3 5.TERM and EARLY TERMINATION 4 6.STATEMENT Of PROJECT 4 7.PAYMENTS TO GRANTEE 5 8.REPORTING -NOTIFICATION S 9.GRANTEE RECORDS 6 10.CONFIDENTIAL INFORMATION-STATE RECORDS 6 ii.CONFLICTS OF INTEREST 7 12.REPRESENTATIONS AND WARRANTIES 7 13.INSURANCE 8 14.BREACH 9 15.REMEDIES 9 16.NOTICES and REPRESENTATIVES Ii 17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE ii 18.GOVERNMENTAL IMMUNITY 11 19.STATEWIDE CONTRACT MANAGEMENT SYSTEM 12 20.RESTRICTION ON PUBLIC BENEFITS 12 21.GENERAL PROVISIONS 12 22.COLORADO SPECIAL PROVISIONS 15 SIGNATURE PAGE 17 EXHIBIT A -APPLICABLE LAWS A-I EXHIBIT B -STATEMENT Of PROJECT (SOP)3-1 EXHIBIT C -FEMA AWARD LETTER and GRANT APPLICATION PACKAGE C-i EXHIBIT D -FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006 (FFATA) PROVISIONS D-I EXHIBIT E -FINDING OF NO SIGNIFICANT IMPACT (FONSI)AND ENVIRO CLOSEOUT PROCEDURES F-i FORM 1-GRANT FUNDING CHANGE LETTER F 1-i 1.PARTIES This Agreement (hereinafter called “Grant”)is entered into by and between EAGLE COUNTY (hereinafter called “Grantee”),and the STATE OF COLORADO acting by and through the Department of Local Affairs for the benefit of the Division of Emergency Management (hereinafter called the “State”or “DOLA”). 2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY. This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the “Effective Date”).The State shall not be liable to pay or reimburse Grantee for any performance hereunder,including,but not limited to costs or expenses incurred,or be bound by any provision hereof prior to (see checked option(s)below): A.LI The Effective Date. B.LI The later to occur of the Effective Date or the date of a separate letter issued by the Department (“Release of funds Letter”)notifying Grantee of the completion of a satisfactory environmental review and authorizing Grantee to obligate or use Grant funds. C.fl The Effective Date;provided,however,that all Project costs,if specifically authorized by the funding authority,incurred on or after _____, may be submitted for reimbursement as if incurred after the Effective Date. D.LI insert date for authorized pre-agreement costs,as defined in §4 below and/or in Exhibit B,Statement of Project.Such costs may be submitted for reimbursement as if incurred after the Effective Date. Page2ofl7 Exhibit C -Page 6 01109 FMAP 2010 12EM7 1520 E.The Effective Date;provided,however,that the costs identified in the checked subsections below may be submitted for reimbursement as if incurred after the Effective Date (see checked suboption(s)below): 1.fl All Project costs,if specifically authorized by the funding authority,incurred on or after insert federal grant’s effective date;and ii.Pre-award costs for engineering and permitting,if any,incurred on or after June 1,2010. F.All or some of the costs or expenses incurred by Grantee prior to the Effective Date which have been or will be paid with non-federal funds may be included as a part of Grantee’s non-federal match requirement,set forth herein and in Exhibit B,Statement of Project,if such costs or expenses are properly documented as eligible expenses in accordance with Exhibit B,6.6.. 3.RECITALS A.Authority,Appropriation,and Approval Authority to enter into this Grant exists in CRS §24-32-2105 and funds have been budgeted,appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment.Required approvals,clearance and coordination have been accomplished from and with appropriate agencies.V B.Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to suppqrt this Grant. C.Purpose The purpose of this grant agreement is described in Exhibit B. D.References All references in this Grant to sections (whether spelled out or using the §symbol),subsections,exhibits or other attachments,are references to sections,subsections,exhibits or other attachments contained herein or incorporated as a part hereof unless otherwise noted. 4.DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A.Evaluation “Evaluation”means the process of examining Grantee’s Work and rating it based on criteria established in §6 and Exhibit B. B.Exhibits and Other Attachments The following are attached hereto and incorporated by reference herein: L Exhibit A (Applicable Laws) ii.Exhibit B (Statement of Project) ill.Exhibit C (FEMA Award Letter and Grant Application Package) iv.Exhibit D (FFATA Provisions) v.Exhibit E (FONSI and Environmental Closeout Procedures) vi.form 1 (Grant Funding Change Letter) C.Goods “Goods”means tangible material acquired,produced,or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. D.Grant “Grant”means this agreement,its terms and conditions,attached exhibits,documents incorporated by reference,and any future modifying agreements,exhibits,attachments or references incorporated herein pursuant to Colorado State law,Fiscal Rules,and State Controller Policies. E.Grant Funds “Grant Funds”means available funds payable by the State to Grantee pursuant to this Grant. F.Party or Parties “Party”means the State or Grantee and “Parties”means both the State and Grantee. Page 3 of 17 Exhibit C -Page 7 of 109 FMAP 2010 12EM71520 G.Pre-contract costs “Pre-agreement costs”,when applicable,means the costs incurred on or after the date as specified in §2 above,and the Effective Date of this Grant.Such costs shall have been detailed in Grantee’s grant application and specifically authorized by the State and incorporated hereinto Exhibit B. H.Project Budget “Project Budget”means the budget for the Work described in Exhibit B. I.Program “Program”means the grant program,as specified on the first page,that provides the funding for this Grant. J.Review “Review”means examining Grantee’s Work to ensure that it is adequate,accurate,correct and in accordance with the criteria established in §6 and Exhibit B K.Services “Services”means the required services to be performed by Grantee pursuant to this Grant. L.Sub-grantee “Sub-grantee”means third-parties,if any,engaged by Grantee to aid in performance of its obligations. M.Work “Work”means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit B,including the performance of the Services and delivery of the Goods. N.Work Product “Work Product”means the tangible or intangible results of Grantee’s Work,including,but not limited to, software,research,reports,studies,data,photographs,negatives or other fmished or unfmished documents, drawings,models,surveys,maps,materials,or work product of any type,including drafts. 5.TERM and EARLY TERMINATION. A.Initial Term Unless otherwise permitted in §2 above,the Parties respective performances under this Grant shall commence on the Effective Date.This Grant shall terminate on September 30,2013 unless sooner terminated or further extended as specified elsewhere herein. B.Two Month Extension The State,at its sole discretion upon written notice to Grantee as provided in §16,may unilaterally extend the term of this Grant for a period not to exceed two months if the Parties are negotiating a replacement Grant (and not merely seeking a term extension)at or near the end of any initial term or any extension thereof.The provisions of this Grant in effect ‘when such notice is given,including,but not limited to prices,rates,and delivery requirements,shall remain in effect during the two month extension.The two- month extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 6.STATEMENT OF PROJECT A.Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit B.The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B.Goods and Services Grantee shall procure Goods and Services necessary to complete the Work.Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. C.Employees All persons employed by Grantee or Sub-grantees shall be considered Grantee’s or Sub-grantees’ employee(s)for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. Page 4 of 17 Exhibit C -Page 8 of 109 fMAP 2010 12EM71520 7.PAYMENTS TO GRANTEE The State shall,in accordance with the provisions of this §7,pay Grantee in the following amounts and using the methods set forth below: A.Maximum Amount The maximum amount payable under this Grant to Grantee by the State is $180,000.00,as determined by the State from available funds.Grantee agrees to provide any additional funds required for the successful completion of the Work.Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit B. B.Payment i.Advance,Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit B shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit.Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii.Interest The State shall not pay interest on Grantee invoices. lii.Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State’s current fiscal year.Therefore,Grantee’s compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions,set forth below.If federal funds are used with this Grant in whole or in part,the State’s performance hereunder is contingent upon the continuing availability of such funds.Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State’s liability for such payments shall be limited to the amount remaining of such encumbered funds.If State or federal funds are not fully appropriated,or otherwise become unavailable for this Grant,the State may terminate it in whole or to the extent of funding reduction,without further liability,after providing notice to Grantee in accordance with §16. iv.Erroneous Payments At the State’s sole discretion,payments made to Grantee in error for any reason,including,but not limited to overpayments or improper payments,and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants,grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State.Such funds shall not be paid to any party other than the State. C.Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit B. I).Matching Funds Grantee shall provide matching funds as provided in Exhibit B. 8.REPORTING -NOTIFICATION Reports,Evaluations,and Reviews required under this §8 shall be in accordance with the procedures of and insuch form as prescribed by the State and in accordance with §19,if applicable. A.Performance,Progress,Personnel,and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant,containing an Evaluation and Review of Grantee’s performance and the final status of Grantee’s obligations hereunder. In addition,Grantee shall comply with all reporting requirements,if any,set forth in Exhibit B. B.Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency,related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder, Grantee shall notify the State of such action and deliver copies of such pleadings to the State’s principal representative as identified herein.If the State’s principal representative is not then serving,such notice and copies shall be delivered to the Executive Director of the Department of Local Affairs. PageS of 17 Exhibit C -Page 9 of 109 FMAP 2010 12EM71520 C.Noncompliance Grantee’s failure to provide reports and notify the State in a timely manner in accordance with this §8 may result in the delay of payment of funds and/or termination as provided under this Grant. D.Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State.Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9.GRANTEE RECORDS Grantee shall make,keep,maintain and allow inspection and monitoring of the following records: A.Maintenance Grantee shall make,keep,maintain,and allow inspection and monitoring by the State of a complete file of all records,documents,communications,notes and other written materials,electronic media files,and communications,pertaining in any manner to the Work or the delivery of Services (including,but not limited to the operation of programs)or Goods hereunder.Grantee shall maintain such records (the Record Retention Period)until the last to occur of the following:(1)a period of flçç years after the date this Grant is completed,terminated or final payment is made hereunder,whichever is later,or (ii)for such further period as may be necessary to resolve any pending matters,or (ffl)if an audit is occurring,or Grantee has received notice that an audit is pending,then until such audit has been completed and its fmdings have been resolved (the “Record Retention Period”). B.Inspection Grantee shall permit the State,the federal government and any other ‘duly authorized agent of a governmental agency to audit,inspect,examine,excerpt,copy and/or transcribe Grantee’s records related to this Grant during the Record Retention Period for a period of years following termination of this Grant or fmal payment hereunder,whichever is later,to assure compliance with the terms hereof or to evaluate Grantee’s performance hereunder.The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant,including any extension.If the Work fails to conform to the requirements of this Grant,the State may require Grantee promptly to bring the Work into conformity with Grant requirements,at Grantee’s sole expense.If the Work cannot be brought into conformance by re-performance or other corrective measures,the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant,at law or inequity in lieu of or in conjunction with such corrective measures. C.Monitoring Grantee shall permit the State,the federal government,and other governmental agencies having jurisdiction,in their sole discretion,to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure,including,but not limited to:internal evaluation procedures, examination of program data,special analyses,on-site checking,fonnal audit examinations,or any other procedures.All monitoring controlled by the State shall be performed in a manner that shall not unduly interfere with Grantee’s performance hereunder. P.Final Audit Report Grantee shall provide a copy of its audit report to DOLA as specified in Exhibit B. 10.CONfIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions on this §10 if it becomes privy to confidential information in connection with its performance hereunder.Confidential information,includes,but is not necessarily limited to, state records,personnel records,and information concerning individuals. A.Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information.Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State’s principal representative. Page 6 of 17 Exhibit C -Page 10 of 109 FMAP 2010 12EM71520 B.Notification Grantee shall notif’its agent,employees,Sub-grantees,and assigns who may come into contact with State records and confidential infonnation that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C.Use,Security,and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way,except as authorized by this Grant or approved in writing by the State.Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located.Confidential information shall not be retained in any files or otherwise by Grantee or its agents,except as permitted in this Grant or approved in writing by the State. D.Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee,the State or their respective agents.Grantee shall,to the extent permitted by law,indemnify,save,and hold harmless the State,its employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,and ftomey fees and related costs,incurred as a result of any act or omission by Grantee,or its employees,agents,Sub-grantees,or assignees pursuant to this §10. 11.CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee’s obligations hereunder.Grantee acknowledges that with respect to this Grant,even the appearance of a conflict of interest is harmful to the State’s interests.Absent the State’s prior written approval,Grantee shall refrain from any practices,activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations to the State hereunder.If a conflict or appearance exists,or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists,Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State’s consideration.Failure to promptly submit a disclosure statement or to follow the State’s direction in regard to the apparent conflict constitutes a breach of this Grant. 12.REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties,each of which was relied on by the State in entering into this Grant. A.Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care,skill and diligence in the industry,trades or profession and in the sequence and manner set forth in this Grant. B.Legal Authority —Grantee and Grantee’s Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures,by-laws,and/or applicable laws to exercise that authority,and to lawfully authorize its undersigned signatory to execute this Grant,or any part thereof,and to bind Grantee to its terms.If requested by the State,Grantee shall provide the State with proof of Grantee’s authority to enter into this Grant within 15 days of receiving such request. C.Licenses,Permits,Etc. Grantee represents and warrants that as of the Effective Date it has,and that at all times during the term hereof it shall have,at its sole expense,all licenses,certifications,approvals,insurance,permits,and other authorization required by law to perform its obligations hereunder.•Grantee warrants that it shall maintain all necessary licenses,certifications,approvals,insurance,permits,and other authorizations required to properly perform this Grant,without reimbursement by the State or other adjustment in Grant Funds. Additionally,all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications,if any,to perform their responsibilities.Grantee,if a foreign corporation or other foreign entity transacting business in the State of Colorado,further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process.Any revocation, Page7ofl7 ExhibitC-Page 1101109 fMAP 2010 12EM7 1520 withdrawal or non-renewal of licenses,certifications,approvals,insurance,permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13.INSURANCE Grantee and its Sub-grantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant:All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A.Grantee i.Public Entities If Grantee is a “public entity”within the meaning of the Colorado Governmental Immunity Act,CRS §24-10-101,et seq.,as amended (the “GIA”),then Grantee shall maintain at all times during the term of this Grant such liability insurance,by com;riercial policy or self-insurance,as is necessary to meet its liabilities under the GIA.Grantee shall show proof of such insurance satisfactory to the State,if requested by the State.Grantee shall require each grant with sub-grantees that are public entities, providing Goods or Services hereunder,to include the insurance requirements necessary to meet Sub- grantee’s liabilities under the GIA. ii.Non-Public Entities If Grantee is not a ‘public entity”within the meaning of the GIA,Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in §13(B)with respect to sub-grantees that are not “public entities”. 3.Grantees and Sub-Grantees Grantee shall require each Grant with Sub-grantees,other than those that are public entities,providing Goods or Services in connection with this Grant,to include insurance requirements substantially similar to the following: i.Worker’s Compensation Worker’s Compensation Insurance as required by State statute,and Employer’s Liability Insurance covering all of Grantee and Sub-grantee employees acting within the course and scope of their employment. ii.General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,covering premises operations,fire damage,independent contractors,products and completed operations,blanket Grantual liability,personal injury,and advertising liability with minimum limits as follows:(a)$1,000,000 each occurrence;(b)$1,000,000 general aggregate;(c) $1,000,000 products and completed operations aggregate;and (d)$50,000 any one fire.If any aggregate limit is reduced below $1,000,000 because of claims made or paid,Sub-grantee shall immediately obtain additional insurance to restore the full aggregate limit and furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance with this provision. iii.Automobile Liability Automobile Liability Insurance covering any auto (including owned,hired and non-owned autos)with a minimum limit of $1,000,000 each accident combined single limit. iv.Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies (leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85,CG 2037,or equivalent). v.Primacy of Coverage Coverage required of Grantee and Sub-grantees shall be primary over any insurance or self-insurance program carried by Grantee or the State. vi.Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and the State by certified mail. Page 8 of 17 Exhibit C -Page 12 of 109 fMAP 2010 12EM71520 vii.Subrogation Waiver Mi insurance policies in any way related to this Grant and secured and maintained by Grantee or its Sub-grantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery,under subrogation or otherwise,against Grantee or the State,its agencies,institutions, organizations,officers,agents,employees,and volunteers. C.Certificates Grantee and all Sub-grantees shall provide certificates showing insurance coverage required hereunder to the State within seven business days of the Effective Date of this Grant.No later than 15 days prior to the expiration date of any such coverage,Grantee and each Sub-grantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof.In addition,upon request by the State at any other time during the term of this Grant or any sub-grant,Grantee and each Sub-grantee shall,within 10 days of such request,supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14.BREACH A.Defined In addition to any breaches specified in other sections of this Grant,the failure of either Party to perform any of its material obligations hereunder in whole or in part or in a timely or satisfactory manner, constitutes a breach.The institution of proceedings under any bankruptcy,insolvency,reorganization or similar law,by or against Grantee,or the appointment of a receiver or similar officer for Grantee or any of its property,which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B.Notice and Cure Period In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other Party in the maimer provided in §16.If such breach is not cured within 30 days of receipt of written notice,or if a cure cannot be completed within 30 days,or if cure of the breach has not begun within 30 days and pursued with due diligence,the State may exercise any of the remedies set forth in §15.Notwithstanding anything to the contrary herein,the State,in its sole discretion,need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15.REMEDIES If Grantee is in breach under any provision of this Grant,provided that a breach is not necessary under §15(B), the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this,Grant following the notice and cure period set forth in §14(B).The State may exercise any or all of the remedies available to it,in its sole discretion,concurrently or consecutively.If the form of financial assistance is a loan,as specified in the table on page 1 of this Grant,and in the event of a termination of this Grant,such termination shall not extinguish Grantee’s obligations under the Promissory Note and the Deed of Trust. A.Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner,the State may notify Grantee of such non-performance in accordance with the provisions herein.If Grantee thereafter fails to promptly cure such non-performance within the cure period,the State,at its option,may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the State of this right shall not be deemed,a breach of its obligations hereunder.Grantee shall continue performance of this Grant to the extent not terminated,if any. i.Obligations and Rights To the extent specified in any termination notice,Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice,and shall terminate outstanding orders and sub-grants/contracts with third parties.However,Grantee shall complete and deliver to the State all Work,Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant’s terms.At the sole discretion of the State,Grantee shall Page 9 of 17 Exhibit C -Page 13 of 109 fMAP 2010 12EM71520 assign to the State all of Grante&s right,title,and interest under such terminated orders or sub- grants/contracts.Upon termination,Grantee shall take timely,reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest.All materials owned by the State in the possession of Grantee shall be immediately returned to the State. All Work Product,at the option of the State,shall be delivered by Grantee to the State and shall become the State’s property. ii.Payments The State shall reimburse Grantee only for accepted performance up to the date of termination.1f after termination by the State,it is determined that Grantee was not in breach or that Grantee’s action or inaction was excusable,such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest,as described herein. ni.Damages and Withholding Notwithstanding any other remedial action by the State,Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State’s damages,until such time as the exact amount of damages due to the State from Grantee is detennined.The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders,or to reimburse the State for the excess costs incurred in procuring similar goods or services.Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work,Services or substitute Goods as cover. B.Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado,as determined by its Governor,General Assembly,and/or Courts.If this Grant ceases to further the public policy of the State,the State,in its sole discretion,may terminate this Grant in whole or in part. Exercise by the State of this right shall not constitute a breach of the State’s obligations hereunder.This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee,which shall be governed by §15(A)or as otherwise specifically provided for herein. i.Method and Content The State shall notify Grantee of such termination in accordance with §16.The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii.Obligations and Rights Upon receipt of a termination notice,Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). ill.Payments If this Grant is terminated by the State pursuant to this §15(B),Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant,less payments previously made. Additionally,if this Grant is less than 60%completed,the State may reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed under this Grant)incurred by Grantee which are directly attributable to the uncompleted portion of Grantee’s obligations hereunder; provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C.Remedies Not Involving Termination The State,at its sole discretion,may exercise one or more of the following remedies in addition to other remedies available to it: i.Suspend Performance Suspend Grantee’s performance with respect to all or any portion of this Grant petiding necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule.Grantee shall promptly cease performance and incurring costs in accordance with the State’s directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. PagelOofl7 Exhibit C -Page 14 of 109 FMAP 2010 12EM71520 ii.Withhold Payment Withhold payment to Grantee until corrections in Grantee’s performance are satisfactorily made and completed. lii.Deny Payment Deny payment for those obligations not perfonned,that due to Grantee’s actions or inactions,cannot be performed or,if performed,would be of no value to the State;provided,that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv.Removal Demand removal of any of Grantee’s employees,agents,or Sub-grantees whom the State deems incompetent,careless,insubordinate,unsuitable,or otherwise unacceptable,or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State’s best interest. v.Intellectual Property If Grantee infringes on a patent,copyright,trademark,trade secret or other intellectual property right while performing its obligations under this Grant,Grantee shall,at the State’s option (a)obtain for the State or Grantee the right to use such products and services;(b)replace any Goods,Services,or other product involved with non-infringing products or modif’them so that they become non-infringing;or, (c)if neither of the foregoing alternatives are reasonably available,remove any infringing Goods, Services,or products and refund the price paid therefore to the State. 16.NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party.All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below.In addition to,but not in lieu of a hard-copy notice,notice also may be sent by e-mail to the e-mail addresses,if any,set forth below.Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein,all notices shall be effective upon receipt. A.State: Dave Hard,Director Colorado Department of Local Affairs Division of Emergency Management 9195 E.Mineral Ave.,Ste.200 Centennial,CO $0112 Email:dave.hard(state.co.us Greg Schroeder,Senior Staff Engineer Eagle County Engineering Department P.O.Box 850,500 Broadway Eagle,CO $1631 Email:greg.schroeder@eaglecounty.us 17.RIGHTS IN DATA,DOCTJMENTS,AND COMPUTER SOFTWARE This section shall shall not apply to this Grant. Any software,research,reports,studies,data,photographs,negatives or other documents,drawings,models, materials,or Work Product of any type,including drafts,prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and,all Work Product shall be delivered to the State by Grantee upon completion or termination hereof.The State’s exclusive rights in such Work Product shall include,but not be limited to,the right to copy,publish,display,transfer,and prepare derivative works.Grantee shall not use,willingly allow,cause or permit such Work Product to be used for any purpose other than the performance of Grantee’s obligations hereunder without the prior written consent of the State. 1$.GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary,nothing herein shall constitute a waiver,express or implied, of any of the immunities,rights,benefits,protection,or other provisions of the Colorado Governmental B.Grantee: Page 11 ofl7 Exhibit C -Page 15 of 109 FMAP 2010 12EM71520 Immunity Act,CRS §24-10-101,et seq.,as amended.Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado,its departments,institutions,agencies,boards,officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes,CRS §24-30-1501,et seq.,as amended. 19.STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is $100,000 or greater,either on the Effective Date or at anytime thereafter,this §19 applies. Grantee agrees to be governed,and to abide,by the provisions of CR8 §24-102-205,§24-102-206,§24-103-601, §24-103.5-101 and §24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System.Grantee’s performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant,State law,including CRS §24-103.5-101,and State Fiscal Rules,Policies and Guidance.Evaluation and Review of Grantee’s performance shall be part of the normal Grant administration process and Grantee’s performance will be systematically recorded in the statewide Contract Management System.Areas of Evaluation and Review shall include,but shall not be limited to quality,cost and timeliness.COllection of information relevant to the performance of Grantee’s obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee’s obligations.Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation,Review and Rating shall be rendered within 30 days of the end of the Grant term.Grantee shall be notified following each performance Evaluation and Review,and shall address or correct any identified problem in a timely manner and maintain work progress.Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder,the Executive Director of the Colorado Department of Personnel and Administration (Executive Director),upon request by the Department of Local Affairs,and showing of good cause,may debar Grantee and prohibit Grantee from bidding on future Grants.Grantee may contest the final Evaluation,Review and Rating by:(a)filing rebuttal statements,which may result in either removal or correction of the evaluation (CRS §24-105-102(6)),or (b)under CRS §24-105-102(6),exercising the debannent protest and appeal rights provided in CRS §24-l09-l06,107,201 or 202,which may result in the reversal of the debarment and reinstatement of Grantee,by the Executive Director,upon a showing of good cause. 20.RESTRICTION ON PUBLIC BENEFITS This section shall shall not apply to this Grant. Grantee must confirm that any individual natural person eighteen years of age or older is lawfully present in the United States pursuant to CRS §24-76.5-101 et seq.when such individual applies for public benefits provided under tliis Grant by requiring the following: A.Identification: The applicant shall produce one of the following personal identifications: I.A valid Colorado driver’s license or a Colorado identification card,issued pursuant to article 2 of title 42,C.R.S.;or ii.A United States military card or a military dependent’s identification card;or V iii.A United States Coast Guard Merchant Mariner card;or iv.A Native American tribal document. B.Affidavit The applicant shall execute an affidavit herein attached as Form 2,Affidavit of Legal Residency,stating: I.That they are United States citizen or legal permanent resident;or ii.That they are otherwise lawfully present in the United States pursuant to federal law. 21.GENERAL PROVISIONS A.Assignment and Subgrants V Grantee’s rights and obligations hereunder are personal and may not be transferred,assigned or subgranted without the prior,written consent of the State.Any attempt at assignment,transfer,or subgranting without such consent shall be void.All assignments,subgrants,or sub-grantees approved by Grantee or the State Page 12of17 Exhibit C -Page 16 of 109 FMAP 2010 12EM71520 are subject to all of the provisions hereof.Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B.Binding Effect Except as otherwise provided in §21(A),all provisions herein contained,including the benefits and burdens,shall extend to and be binding upon the Parties’respective heirs,legal representatives,successors, and assigns. C.Captions The captions and headings in this Grant are for convenience of reference only,and shall not be used to interpret,define,or limit its provisions. P.Counterparts This Grant may be executed in multiple identical original counterparts,all of which shall constitute one agreement. E.Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings,oral or written,are merged herein.Prior or contemporaneous additions,deletions,or other changes hereto shall not have any force or effect whatsoever,unless embodied herein. F.Indemnification-General Grantee shall,to the extent permitted by law,indenmify,save,and hold hannless the State,its employees and agents,against any and all claims,damages,liability and court awards including costs,expenses,and attorney fees and related costs,incurred as a result of any act or omission by Grantee,or its employees, agents,Sub-grantees,or assignees pursuant to the terms of this Grant;however,the provisions hereof shall not be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits, protection,or other provisions,of the Colorado Governmental Immunity Act,CRS §24-10-101 et seq.,or the Federal Tort Claims Act,2$U.S.C.2671 et seq.,as applicable,as now or hereafter amended. G.Jurisdiction and Venue All suits,actions,or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. II.List of Selected Applicable Laws Grantee at all times during the performance of this Grant shall comply with all applicable Federal and State laws and their implementing regulations,currently in existence and as hereafter amended,including without limitation those set forth on Exhibit A,Applicable Laws,attached hereto,which laws and regulations are incorporated herein and made part hereof.Grantee also shall require compliance with such laws and regulations by subgrantees under subgrants permitted by this Grant. I.Loan Forms If the form of financial assistance provided by the State is a loan,as specified in the table on page 1 above, Grantee shall execute a promissory note substantially equivalent to Form —and record a deed of trust substantially equivalent to Form —with the county in which the property resides. J.Modification i.By the Parties Except as specifically provided in this Grant,modifications hereof shall not be effective unless agreed to in writing by the Parties in an amendment hereto,properly executed and approved in accordance with applicable Colorado State law,State Fiscal Rules,and Office of the State Controller Policies, including,but not limited to,the policy entitled MODIFICATION OF CONTRACTS -TOOLS AND FORMS. II.By Operation of Law This Grant is subject to such modifications as may be required by changes in federal or Colorado State law,or their implementing regulations.Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change,as if fully set forth herein. Page 13 of 17 Exhibit C -Page 17 of 109 fMAP 2010 12EM71520 lii.Grant Funding Change Letter The State may increase or decrease funds available under this Grant and modify selected other provisions of this agreement using a Grant funding Change Letter substantially equivalent to Form 1. The provisions of the Grant funding Change Letter shall become part of and be incorporated into the original agreement.The Grant funding Change Letter is not valid until it has been approved by the State Controller or designee. K.Order of Precedence i.This Grant The provisions of this Grant shall govern the relationship of the State and Grantee.In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including,but not limited to,those provided by Grantee,such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: a)Colorado Special Provisions b)The provisions of the main body of this Grant c)Exhibit A d)Exhibit B ii.Loan Document This section shall apply if the form of financial assistance,as specified in the table on page 1 above,is a loan.In the event of conflicts or inconsistencies between this Grant and the Deed of Trust or the Promissory Note,such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: a)Form 3,the Promissory Note b)This Grant c)Form 4,the Deed of Trust L Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent,the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. M.Survival of Certain Grant Terms Notwithstanding anything herein to the contrary,provisions of this Grant requiring continued performance, compliance,or effect after termination hereof,shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. N.Taxes The State is exempt from all federal excise taxes under IRC Chapter 32 (No.84-730123K)and from all State and local government sales and use taxes under CRS §39-26-101 and 201 et seq.Such exemptions apply when materials are purchased or services rendered to benefit the State;provided however,that certain political subdivisions (e.g.,City of Denver)may require payment of sales or use taxes even though the product or service is provided to the State.Grantee shall be solely liable for paying such taxes as the State. is prohibited from paying for or reimbursing Grantee for them. 0.Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties,and not to any third party.Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant,and do not create any rights for such third parties. P.Waiver Waiver of any breach of a term,provision,or requirement of this Grant,or any right or remedy hereunder, whether explicitly or by lack of enforcement,shall not be construed or deemed as a waiver of any subsequent breach of such term,provision or requirement,or of any other term,provision,or requirement. Q.13.CORA Disclosure To the extent not prohibited by federal law,this Grant and the performance measures and standards under CRS §24-103.5-101,if any,are subject to public release through the Colorado Open Records Act,CR5 §24-72-101,et seq. Page 14 of 17 Exhibit C -Page 18 of 109 FMAP 2010 12EM71520 COLORADO SPECIAL PROVISIONS The Special Provisions apply to all Grants except where noted in italics. A.1.CONTROLLER’S APPROVAL.CRS §24-30-202 (1). This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B.2.FIJND AVAILABILITY.CRS §24-30-202(5.5). financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. C.3.GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver,express or implied,of any of the immunities,tights,benefits,protections,or other provisions,of the Colorado Governmental Immunity Act,CRS §24-10-101 et seq.,or the Federal Tort Claims Act,28 U.S.C.§l346(b)and 2671 et seq.,as applicable now or hereafter amended. D.4.INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent Grantee and not as an employee.Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees.Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party.Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant.Grantee shall not have authorization,express or implied,to bind the State to any Grant,liability or understanding,except as expressly set forth herein.Grantee shall (a)provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law,(b)provide proof thereof when requested by the State,and (c)be solely responsible for its acts and those of its employees and agents. E.5.COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable federal and State laws,rules,and regulations in effect or hereafter established,including,without limitation,laws applicable to discrimination and unfair employment practices. F.6.CHOICE OF LAW. Colorado law,and rules and regulations issued pursuant thereto,shall be applied in the interpretation, execution,and enforcement of this grant.Any provision included or incorporated herein by reference which conflicts with said laws,rules,and regulations shall be null and void.Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law,whether by way of complaint,defense,or otherwise.Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant,to the extent capable of execution. G.7.BINDING ARBITRATION PROHIBITED. The State of colorado does not agree to binding arbitration by any extra-judicial body or person.Any provision to the contrary in this contract or incorporated herein by reference shall be null and void. H.8.SOFTWARE PIRACY PROHIBITION.Governor’s Executive Order P 002 00. State or other public funds payable under this Grant shall not be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions.Grantee hereby certifies and warrants that,during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.If the State determines that Grantee is in violation of this provision,the State may exercise any remedy available at law or in equity or under this Grant,including,without limitation,immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. Page 15 of 17 Exhibit C -Page 19 of 109 FMAP 2010 12EM71520 1.9.EMPLOYEE FINANCIAL INTEREST.CR5 §24-1$-201 and 24-50-507. The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant.Grantee has no interest and shall not acquire any interest,direct or indirect,that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ any person having such known interests. J.10.VENDOR OFFSET.CR5 §24-30-202 (1)and 24-30-202.4. [Not Applicable to intergovernmental agreements]Subject to CR5 §24-30-202.4 (3.5),the State Controller may withhold payment under the State’s vendor offset intercept system for debts owed to State agencies for:(a)unpaid child support debts or child support arrearages;(b)unpaid balances of tax,accrued interest,or other charges specified in CRS §39-21-101,et seq.;(c)unpaid loans due to the Student Loan Division of the Department of Higher Education;(d)amounts required to be paid to the Unemployment Compensation Fund;and (e)other unpaid debts owing to the State as a result of final agency determination or judicial action. K.11.PUBLIC GRANTS FOR SERVICES.CRS §8-17.5-101. [Not Applicable to Agreements relating to the offtr,issuance,or sale of securities,investment advisory services or fund management services,sponsored projects,intergovernmental Agreements,or information technology services or products and services]Grantee certifies,warrants,and agrees that it does not knowingly employ or Grant with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant,through participation in the E-Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c),Grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant or enter into a Grant with a Sub-grantee that fails to certify to Grantee that the Sub-grantee shall not knowingly employ or Grant with an illegal alien to perform work under this Grant.Grantee (a)shall not use E-VeriI’y Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed,(b)shall notify the Sub-grantee and the Granting State agency within three days if Grantee has actual knowledge that a Sub-grantee is employing or Granting with an illegal alien for work under this Grant,(c)shall terminate the Subgrant if a Sub-grantee does not stop employing or Granting with the illegal alien within three days of receiving the notice,and (d)shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and Employment.If Grantee participates in the State program,Grantee shall deliver to the Granting State agency,Institution of Higher Education or political subdivision,a written,notarized affirmation,affirming that Grantee has examined the legal work status of such employee,and shall comply with all of the other requirements of the State program.If Grantee fails to comply with any requirement of this provision or CR5 §8-17.5-101 et seq.,the Granting State agency,institution of higher education or political subdivision may terminate this Grant for breach and,if so terminated,Grantee shall be liable for damages. L.12.PUBLIC GRANTS WITH NATURAL PERSONS.CRS §24-76.5-101. Grantee,if a natural person eighteen (18)years of age or older,hereby swears and affirms under penalty of perjury that he or she (a)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(b)shall comply with the provisions of CR5 §24-76.5-101 et seq.,and (c)has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. SPs Effective 1/1/09 Page 16 of 17 Exhibit C -Page 20 of 109 FMAP 2010 12EM71520 SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS GRANT *Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the State is relying on their representations to that effect. EAGLE COIJNTY STATE Of COLORADO John W.Hickenlooper,GOVERNOR By:DEPARTMENT OF LOCAL AFFAIRS Printed Name of Autlknzed Individual Title:____________________By:___________________ Official Ti -GfAutho e n1ividual eeves B ,Executive Director Date:7 / *Sjgnajre Date:2]%LIt’2_t PRE-APPROVED fORM CONTRACT REVIEWER finance and Administration Chief Date:((t ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CR5 §24-30-202 requires the State Controller to approve alt State Grants.This Grant is not valid until signed and dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER avid J.McDermott,CPA By:_____________ Barbara M.Casey, /Cofolle Delegate Date:fI4I Page 17of17 Exhibit C -Page 21 of 109 FMAP 2010 12EM71520 EXHIBIT A -APPLICABLE LAWS Laws,regulations,and authoritative guidance incorporated into this Grant include,without limitation: 1.Age Discrimination Act of 1975,42 U.S.C.Sections 6101,et seq. 2.Age Discrimination in Employment Act of 1967,29 U.S.C.621-634 3.Americans with Disabilities Act of 1990 (ADA),42U.S.C.12101,et seq. 4.Equal Pay Act of 1963,29 U.S.C.206(d) 5.Immigration Reform and Control Act of 1986,8 U.S.C.13241, 6.Section 504 of the Rehabilitation Act of 1973,29 U.S.C.794 7.Title VI of the Civil Rights Act of 1964,42 U.S.C.2000d 8.Title VII of the Civil Rights Act of 1964,42 U.S.C.2000e 9.Title IX of the Education Amendment of 1972,20 U.S.C.1681,et seq. 10.Section 24-34-30 1,et seq.,Colorado Revised Statutes 1997,as amended ii:The applicable of the following: 11.1.Cost Principals for State,Local and Indian Tribal Governments,2 C.F.R.225,(0MB Circular A-87); 11.2.Cost Principals for Education Institutions,2 C.F.R.220,(0MB Circular A-21); 11.3.Cost Principals for Non-Profit Organizations,2 C.F.R.230,(0MB Circular A-122),and 11.4.Audits of States,Local Governments,and Non-Profit Organizations (0MB Circular A-133);and/or the Colorado Local Government Audit Law,29-1-601,et seq,C.R.S.,and State implementing rules and regulations. 11.5.Immigration Status -Cooperation with Federal Officials,CRS 29-29-10 1,et seq. 11.6.Davis-Bacon Act,40 U.S.C.SS 276ato 276a-7. 11.7.Copeland Act,40 U.S.C.S 276c and 18 U.S.C.55 874. 11.8.Contract Work Hours and Safety Standards Act,40 U.S.C.SS 327-333,regarding labor standards for federally assisted construction sub-awards. 11.9.Wild and Scenic Rivers Act of 1968,16 U.S.C.SS 1271 et.seq.,related to protecting components or potential components of the national wild and scenic rivers system.- 11.10.National Historic Preservation Act of 1966,as amended,16 U.S.C.470,Executive Order No.11593 (identification and protection of historic properties),and the Archaeological and Historic Preservation Act of 1974,16 U.S.C.469a-1 et.seq. 11.11.Robert T.Stafford Disaster Assistance and Emergency Relief Act (Stafford Act),42 U.S.C.5121 Ct seq.,as amended. 11.12.National Flood Insurance Act of 1968,42 U.S.C.4001 et.seq. 11.13.Compiehensive Environmental Response,Compensation,and Liability Act of 1980 (CERCLA),42 U.S.C. 104. 11.14.Department of Defense Authorization Act of 1986,Title 14,Part B,Section 1412,Public Law 99-145,50 U.S.C.1521. 11.15.USA PATRIOT Act of 2001,(Pub.L.107—56). 11.16.Digital Television Transition and Public Safety Act of 2005,(Pub L.109-171) 12.federal Emergency Management Agency,Department of Homeland Security Regulations:All Applicable Portions of 44 CFR Chapter 1,with the following Parts specially noted and applicable to all grants of FEMA/DHS funds: 12.1.Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 44C.f.R.13. 12.2.Governmentwide Debarment and Suspension (Nonprocurement)and Requirements for Drug-Free Workplace,44 C.F.R.17. 12.3.New Restrictions on Lobbying,44 C.F.R.18. 13.Privacy Act of 1974,5 U.S.C.5 5529 and Regulations adopted thereunder (44 C.f.R.6). 14.Prohibition against use of Federal Funds for Lobbying,31 U.S.C.1352 15.None of the funds made available through this agreement shall be used in contravention of the Federal buildings performance and reporting requirements of Executive Order No.13123,part 3 of title V of the National Energy Conservation Policy Act,42 U.S.C.8251 et.Seq.,or subtitle A of title I of the Energy Policy Act of 2005 (including the amendments made thereby). 16.None of the funds made available shall be used in contravention of section 303 of the Energy Policy Act of 1992,42 U.S.C.13212. 17.Buy American Act,41 U.S.C.lOa et seq. 18.Federal Grant Guidance for the 2010 flood Mitigation Assistance Program Page A-i of 1—Exhibit A —Applicable Laws Exhibit C -Page 22 of 109 fMAP 2010 12EM71520 EXHIBIT B-STATEMENT OF PROJECT (SOP) I.GENERAL DESCRIPTION Of THE PROJECT(S). ii.Project Description.As described in Exhibit C,these project funds will be used to provide flood protection to properties along Stone Creek and the Stone Creek Bypass Channel by enlarging the existing by pass channel and upgrading existing culverts. 1.2.Project expenses.Project expenses include all costs identified in the budget table §4.2 of this Exhibit B as further described in Attachment C. 1.3.Exhibit E Categorical Exclusion and Environmental closeout procedures. 1.4.Identification of Subgrantee. 2.DELIVERABLES: 2.1.Grantee shall submit narrative and financial reports describing project progress and accomplishments, any delays in meeting the objectives and expenditures to date as described in §5 of this Exhibit B. 2.2.List additional grant deliverables.NONE 3.PERSONNEL: 3.1.Replacement.Grantee shall immediately notify the Department if any key personnel specified in §3 of this Exhibit B cease to serve.Provided there is a good-faith reason for the change,if Grantee wishes to replace its key personnel,it shall notify the Department and seek its approval,which shall be at the Department’s sole discretion,as the Department issued this Grant in part reliance on Grantee’s representations regarding Key Personnel.Such notice shall specify why the change is necessary,who the proposed replacement is,what his/her qualifications are,and when the change will take effect. Anytime key personnel cease to serve,the Department,in its sole discretion,may direct Grantee to suspend work on the Project until such time as replacements are approved.All notices sent under this subsection shall be sent in accordance with §16 of the Grant. 3.2.Responsible Administrator.Grantee’s performance hereunder shall be under the direct supervision of Greg Schroeder,Senior Staff Engineer,an employee or agent of Grantee,who is hereby designated as the responsible administrator of this project. 3.3.Other Key Personnel.NONE 4.FIJNDING The State or Federal provided funds shall be limited to the amount(s)specified in §7 of the Grant and in the Federal and/or State funds and percentage(s)section of §4.2 of this Exhibit B,Project Budget. 4.1.Matching Funds. 4.1.1.Requirement.The following checked option shall apply 4.1.1.1.Matching Funds are not required under this Grant. 4.1.1.2.Grantee’s required non-federal or state match contribution is detailed in §4.2 below.The match may: 4.1.1.2.1.LI include in-kind match; 4.1.1.2.2.LI not include in-kind match;or 4.1.1.2.3.include no more than 125%in-kind match. 4.1.2.General.Grantee’s required matching contribution,if any,need not be provided on a line-item by line-item basis,but must be at least the percentage of the total project expenditures specified in the Project Budget table. 4.i.3.Documentation.Documentation of expenditures for the non-federal match contribution is required in the same manner as the documentation for the grant funded expenditures. Page B-I of 4—Exhibit B —Statement of Project fMAP 2010 12EM71520 4.2.Project Budget Exhibit C -Page 23 of 109 Cost Category Cost C’tassflcatiqn Federal Share:$180,000 Matching Non-federal Share $60 000 Contractual Other-Pre Award-Architectural $6,000 Engineering Basic Fees Contractual Architectural Engineering Basic fees $34,000 Contractual Demolition and Removal $12,385 Contractual Construction and Project Improvement $187,615 Total Budget $240,000 4.3.Project Budget Line Item Adjustments.Grantee may (see checked option below): 4.3.1.not adjust individual budget line amounts without approval of the State.Such approval shall beintheformof: 4.3.1.1.a notice issued by the State in accordance with §16 of the Grant;or 4.3.1.2.an amendment in accordance with the Modification subsection of the General Provisions of the Grant. 4.3.2.adjust individual budget line amounts without the State’s approval if: 4.3.2.1.there are no transfers to or between administration budget lines;and 4.3.2.2.cumulative budgetary line item changes do not exceed the lesser often percent of the total budgeted amount or $20,000 4.4.Non-Supplanting of Grantee Funds. Grantee will ensure that the funds provided by this Grant are used to supplement and not supplant their funds budgeted for the purposes herein. 5.PAYMENT: Payments shall be made in accordance with this section,the provisions of this Exhibit,and the provisions set forth in §7 of the Grant. 5.1.Payment Schedule.Grantee shall submit requests for reimbursement at least quarterly using the Department provided form or by letter with documentation attached if no form is required.One original signed reimbursement request is due on the same dates as the required financial reports.All requests shall be for eligible actual expenses incurred by Grantee,as described in §1 above.Requests will be accompanied by supporting documentation totaling at least the amount requested for reimbursement and any required non-federal match contribution.Documentation requirements are described in §6.6 below.If any financial or progress reports are delinquent at the time of a payment request,the Department may witlthold such reimbursement until the required reports have been submitted. 5.2.Payment Amount.When non-federal match is required,such match must be documented with every payment request.Periodic payments will be made as requested at the same percentage of the documentation submitted as the Grant funded share of the budget up to any applicable quarterly or other pre-closeout maximums.Payment will not exceed the amount of cash expenditures documented. Excess match documented and submitted with one reimbursement request will be applied to subsequent requests as necessary to maximize the allowable reimbursement.Up to 90%of the total grant amount may be reimbursed prior to project acceptance and grant closeout.If sufficient documentation of actual costs has been incurred and submitted,the final 10%will be released after all Acceptance Criteria or Deliverables have been met,and accepted by the Department and adopted by the Grantee’s governing board,and approved by FEMA. 5.3.Remiftance Address.If mailed,payments shall be remitted to the following address unless changed in accordance with §16 of the Grant: Page B-2 of 4—Exhibit B —Statement of Project Exhibit C -Page 24 of 109 FMAP 2010 12EM71520 Eagle County P.O.BOX 850 Eagle,CO 81631 6.ADMINISTRATIVE REQUIREMENTS: 6.1.Accounting.Grantee shall maintain properly segregated accounts of Grant funds,matching funds,and other funds associated with the Project and make those records available to the State upon request. 6.2.Audit Report.If an audit is performed on Grantee’s records for any fiscal year covering a portion of the tenn of this Grant or any other grants/contracts with DOLA,Grantee shall submit an electronic copy of the final audit report,including a report in accordance with the Single Audit Act,to doIa.audit<state.co.us ,or send the report to: Department of Local Affairs Accounting &Financial Services 1313 Sherman Street,Room 323 Denver,CO 80203 6.3.Monitoring.The State shall monitor this Grant in accordance with §9(B)and 9(C)of the Grant. 6.4.Records.Grantee shall maintain records in accordance with §9 of the Grant. 6.5.Reporting. 6.5.1.Quarterly Financial Status and Progress Reports.The project(s)approved in this Grant are to be completed on or before the termination date stated in §5(A)of the Grant Agreement..Grantee shall submit quarterly financial status and programmatic progress reports for each project identified in this agreement using the Standard Federal Financial Status Report (SF 425)and the Standard Federal Progress and Performance Narrative Report (SF-PPR),or other forms provided by the Department.One of each with original signatures shall be submitted in accordance with the schedule below: kpoitPej1o.d ..Due Date January March April 20 April June July 20 July September October 20 .Octobcr -I)eeinbër -Jarniary 20 6.5.2.Final Reports.Grantee shall submit a final financial status and progress report that provides final financial reconciliation and a final cumulative grant/project accomplishments report within 45 days of the end of the project/grant period.No obligations of funds can remain on the final report. The final reports may substitute for the quarterly reports for the final quarter of the grant period. If all projects are completed before the end of the grant period,the final report may be submitted at any time before its final due date.No further reports will be due after the Department has received,and sent notice of acceptance of the final grant report. 6.6.Required Documentation.Sufficient detail shall be provided with reimbursement requests to demonstrate that expenses are allowable and appropriate as detailed in the subsections below herein. Grantees must retain all procurement and payment documentation on site for inspection.This shall include,but not be limited to,purchase orders,receiving documents,invoices,vouchers, equipment/services identification,and time and effort reports. 6.6.1.Equipment or tangible goods.Requests for reimbursement for tangible personal property with a purchase price of less than $5,000 per item should include the invoice number,description of item purchased (e.g.NOAA weather radios),and the location and number of items,or copies of the paid invoices may be submitted.For equipment items with a purchase price of or exceeding $5,000,and a useful life of more than one year,the Grantee must provide a copy of the paid invoice and include a unique identifying number.This number can be the manufacturer’s serial number or,if the Grantee has its own existing inventory numbering system,that number may be Page B-3 of 4—Exhibit 3 —Statement of Project Exhibit C -Page 25 of 109 FMAP 2010 12EM71520 used.The location of the equipment must also be provided.In addition to ongoing tracking requirements,Grantee shall ensure that tangible goods with per item cost of $500 or more and equipment with per unit cost of $5,000 or more are prominently marked as follows:“Purchased with funds provided by the FEMA” 6.6.2.Services.Grantees shall include contract/purchase order number(s)or employee names,the date(s)the services were provided,the nature of the services,and the hourly contract or salary rates,or monthly salary and any fringe benefits rates. 6.7.Procurement.Grantee shall ensure its procurement policies meet or exceed local,state,and federal requirements.Grantee should refer to local,state,and federal guidance prior to making decisions regarding competitive bids,sole source or other procurement issues.In addition: 6.7.1.Sole Source.Any sole source transaction in excess of $100,000 must be approved in advance by the Department. 6.7.2.Conduct.Grantees shall ensure that:(a)Mi procurement transactions,whether negotiated or competitively bid,and without regard to dollar value,are conducted in a manner that provides maximum open and free competition;(b)Grantee must be alert to organizational conflicts of interest and/or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade;(c)Contractors who develop or draft specifications, requirements,statements of work,and/or Requests for Proposals (RFPs)for a proposed procurement must be excluded from bidding or submitting a proposal to compete for the award of such procurement;and Cd)Any request for exemption of item a-c within this subsection must be submitted in writing to,and be approved by the authorized Grantee official. 6.7.3.Debarment.Grantee shall verify that the Contractor is not debarred from participation in state and federal programs.Sub-grantees should review contractor debarment information on http://www.epls.gov. 6.7.4.Funding Disclosure.When issuing requests for proposals,bid solicitations,and other published documents describing projects or programs funded in whole or in part with these grant funds, Grantee and Subgrantees shall:(a)state the percentage of the total cost of the program or project which will be fmanced with grant money;(b)state the grant program name and dollar amount of state or federal funds for the project or program;and (c)use the phrase “This project was supported by the Colorado Department ofLocal Affairs,Division ojEmergency Management.” 6.7.5.Approved Purchases.Grantee shall verify that all purchases are listed in §1.1 above.Equipment purchases,if any,shall be for items listed in the Approved Equipment List (A.E.L)for the grant period on the Responder Knowledge Base (RKB),at https://www.rkb.us 6.7.6.Assignment of Rights/Duties/Equipment.Grantee shall ensure that no rights or duties exercised under this Grant,or equipment purchased with Grant Funds having a purchase value of $5,000 or more are assigned without the prior written consent of the Department. 6.8 Additional Administrative Requirements.As this project includes construction components,the approved EHP review(s)must be complied with throughout the project,and the FEMA required Mitigation and Stipulations described in Exhibit E must be completed and documented in accordance with the environmental closeout procedures before the project can be closed out.The Grantee shall comply with all applicable Federal,State and Local EHP requirements and shall provide any information requested by FEMA to ensure compliance with applicable laws,including:National Environmental Policy Act;National Historic Preservation Act;Endangered Species Act,and Executive Orders on Floodplains (11988),Wetlands (11990)and Environmental Justice (12898).Grantee must V comply with all conditions placed on the project as a result of the EHP review.Any change to the approved project scope of work will require re-evaluation for compliance with these EHP requirements. If ground disturbing activities occur during the project implementation,the Grantee must ensure monitoring of ground disturbance and if any potential archeological resources are discovered,the Grantee will immediately cease construction in that area and notify FEMA and the appropriate State Historic Preservation Office. Page B-4 of 4—Exhibit B —Statement of Project Exhibit C -Page 26 of 109 EXHIBIT C -FEMA AWARD LETTER AND GRANT APPLICATION PACKAGE Insert Approved Grant Application behind this page and in front of any Form attachments. C-I —Application Cover Page Exhibit C -Page 27 of 109 U.S.Department of Homeland Security Region VIII Denver Fcdaol Ceatei Building 710 P.O.Box 25267 Denver,CO.80225-0267 September 28,2011 Dave Hard,Director Colorado Division of Emergency Management 9195 E.Mineral Ave.,#200 Centennial,CO 801 12 Re:fMA-Pi-08-CO-2010-001 Eagle County -Stone Creek flood Project Dear Mr.Hard: The above referenced PDMC plan subgrant is approved for funding at $180,000.00 federal share. The Grantee is responsible for completion of all subgrants within the Grant period of performance per the HMA 2010 Guidance,Part VI,8.4.Once received,the subgrant should be awarded by the Grantee within 45 days from the date of this letter and the subgrantee must then begin the work immediately. As this letter only highlights a few of the items in the Agreement Articles,please carefully review the Agreement Articles with the awarding documents in the eGrants system which references the roles and regulations that govern the PDM program.Quarterly reports must be completed until the subgrant is officially reconciled by FEMA.Quarterly performance and financial reports are due on January 31,April 30,July 31,and October31.Upon completion of this subgrant,all closeout documentation must be submitted to FEMA within 90 days per requirement. Enclosed are environmental document(s)for this subgrant.In your award letter to the subgmntee, please send them a copy of these documents and make them aware of the importance of complying with all conditions of the finding of No Significant Impact (fONSD.failure to comply with the environmental conditions could jeopardize or delay federal funding and the success of the subgrant. As you know,an approved subgrant cannot be changed in any way once awarded without authorization from fEMA.Any proposed changes to the scope of work,including design, permitting,or construction activities as described in the environmental documentation must be immediately reported to FEMA and will require additional environmental review.Any correspondence between the subgrantee and federal,state or local agencies related to environmental issues post award must also be reported. www.tema.gnv Exhibit C -Page 28 of 109 Dave Hard September 2$,2011 Page 2 It is the responsibility of the subgrantee to monitor the environmental conditions stated in the environmental documents and report compliance in their quarterly reports.Once the project is completed and ready to be submitted for closeout,FEMA requires a description of how the environmental conditions were met,a signed copy of the enclosed Environmental Closeout Declaration form,and any copies of required permits not previously submitted with quarterly reports. We will work closely with you and your staff to ensure the success of the project.FEMA’s goal is for all approved projects to begin immediately and to be completed within their original performance periods.Please be aware that this project and future projects may be disallowed for non- performance per 44 Cf R Part 13.43,or for violation of any federal state or local environmental law or regulation. If you have any questions or concerns regarding the award of this project,please call Mike Hillenburg,HMA Branch Chief,at 303-235-4875 or Wade Nofziger,Colorado’s HMA program manager,at 303-2354719. Sincerely, —7 Jeamne Petterson,Director Mitigation Division cc:Marilyn Gaily,SHMO Deanna Butterbaugh Enclosures:FONSI Environmental Closeout Procedures Environmental Closeout Declaration Form rint Application Subgrant Project Application Application Title:FMA Stone Creek floodplain,Eagle County,CO Subgrant Applicant:Eagle County Government Application Number:FMA-P]-08-CO-201 0-001 Application Year:2010 Grant Type:ProjectApplication Address:PC Box 850,Eagle,CO 81631-0850 Applicant Information Name of Applicant Eagle County Government State CO Congressional District 2 Type of Applicant Local Government Legal status,function,and facilities owned: State Tax Number:04-0296000 Federal Tax Number:84-6000762 Other type name: Federal Employer Identification Number(EIN).If Indian Tribe,84 6000762thisisTribalIdentificationNumber. What is your DUNS Number?084024447 - Are you the application preparer?Yes Is the application preparer the Point of Contact?Yes Is application subject to review by Executive Order 12372 Process?No.Program IS not covered by EO.12372 Is the applicant delinquent on any Federal debt?No Explanation: Càmmunity:Eagle (County)(99037) Is this a small,impoverished community?No(Note:For L-PDM and PDM-C grants,a response to this question is required.) Federal Identification Processing Standard (FIPS)Place Code Community Eagle (County)(99037) f68 lfl/’1/20h1 1l’91 AM it Application Contact Information Point of Contact Information Title Mr. First Name Greg Middle Initial W Last Name Schroeder Title Senior Project Engineer Agency/Organization Eagle County Government Address 1 P0 Box 850 Address 2 City Eagle State CO ZIP 81631 -0850 Phone 970-328-3560 Ext.3567 Fax 970-328-8789 Email greg.schroedereagIecounty.us Alternate Point of Contact Information Title Mr. First Name Rick Middle Initial Last Name MacCutcheon Title General Manager Agency/Organization Eagle Vail Metropolitan District Address 1 P0 Box 5660 Address 2 City Avon State CO ZIP 81620 Phone 970-748-4177 Ext. Fax 970-748-4515 Email rickm@eaglevail.org IOR/2fl11 11’AI’vI mt Application http..ieseradlggoi/Qnt.do Community Information Please provide the name of each community that will benefit from this mitigation actMty. State USCountyCommunityCDCRSCRSStateCodeNameNumberCommunityRatingLeativeCongresonaI CO 080051_QBMOZOGFS EAGLE COUNTY”060051 Y 8 080051 4 Enter Community Profile information below. Eagle-Vail is an unincorporated mountain community near the ski towns of Avon and Vail,Colorado in Eagle County. Eagle-Vail is a residential commtxilty of 1,400+homes.The community has an 18 hole golf course,swimming pool and teri,is facilities,a pavilion available for meetings and groups,and numerous parks and trail systems.The community of Eagle-Vail is jointly managed by the Eagle-Vail Metropolitan District fEVMD)and the Eagle-Vail Property Owners Association (EVPOA).The EVMD’s primary duty is the operation and maintenance of the recreation facilities that exist throughout Eagle-Vail.The EVPOA is primarily an administrative,design review and covenant enforcement organization. Comments Stone Creek is a relatively small perennial creek located adjacent to development as a community amenity.Stone Creek is a south bank tributary to the Eagle River.The area of concern is 7,500 to 7,700 feet elevation.The Stone Creek watershed drains an area of approximately 5 square miles.Stone Creek flows in a northerly direction toward the Eagle River,then splits during a flood to form two confluences through the Eagle-Vail community:a low flow channel called “Golf Club Creek”and a normally dry flood flow easement called “Stone Creek Bypass”.The approximate length of the reach through development is 4,327 feet following Stone Creek to the Stone Creek Bypass,and an additional 5,301 feet following the low flow Golf Club Creek.The average watershed slope is very steep at approximately 875 feet per mile f 16%). Attachments Reach Names,jpa Stone Greek_Watershed_i 1x17.pdf Stone_Creek_Vicinity_Mart.rtdf Pictures from Stone Creek Floodrtlain Report.pdf State CO Community Name EAGLE COUNTY * County Name COLORADO County Code EAGLE COUNTY City Code 080051 FIPS Code 037 Help CID Number 080051 CRS Community Y CRS Ratinq 8 State Legislative District 080051 US Congressional District 4 FIRM or FHBM available?Yes Community Status PARTICIPATING Help f68 1013/2011 1123AM Application Community participates in Ef?Yes Date entered in NFIP 05-07-1976 Date of most recent Community Assistance Visit 5 16 2007fCAV)?0 - 10/3/2011 1123AM tint Application htt Mitigation Plan Information Is the entity that wiN benefit from the proposed activity covered by a current FEMA-approved multi-hazard mitigation plan in compliance with 44 CFR Part 201? If Yes,please answer the following: Yes What is the name of the plan? What is the type of plan? When was the current multihazard mitigation plan approved by FEMA? Describe how the proposed activity relates to or is consistent with the FEMA-approved mitigation plan. Pre-Disaster Mitigation Plan for Eagle County Local MultiJurisdictional Multihazard Mitigation Plan The plan addresses Flood Risk and Local Hazard Mitigation. If No or Not Known,please answer the following: Does the entity have any other mitigation plans adopted? If Yes,please provide the following information. Plan Name Plan Type Does the State/Tribe in which the entity is located have a current FEMA-approved mitigation plan in compliance with 44 CFR Part 201? If Yes,please answer the following: No What is the name of the plan? What is the type of plan? When was the current multihazard mitigation plan approved by FEMA? Describe how the proposed activity relates to or is consistent with the State/Tribe’s FEMA-approved mitigation plan. State of Colorado Natural Hazards Mitigation Plan Standard State Multi-hazard Mitigation Plan This activity is consistent with the State of Colorado Natural Hazards Mitigation Plan.The proposed activity directly relates to the following goals as stated in the plan:reducing damage to local critical infrastructure;reducing local and state government response and recovery costs;and reducing damages to private property. If you would like to make any comments,please enter them below. To attach documents,click the Attachments button below. 06-01-2005 Date Adopted Attachment Yes 01-03-2008 Pitkin Eagle PDMP.pdf )f 68 10/3/2011 1123 AM Exhibit C - Application http.//eservices.iema.gov lfl/V7fl11 11•?AiA ExhibitC-Paie35of 109lintApplicationhtt...,/eservlces.rema.gov/flrvrArvuugatlowPrint.do Mitigation Activity Information What type of activity are you proposing?Help 403.2 -Stormwater Management -Diversions If you selected Other or Miscellaneous,above,please specify: Title of your proposed activity: FMA Stone Creek Floodplain,Eagle County,CO Are you doing construction in this project? Yes If you would like to make any comments,please enter them below. There are five areas of proposed improvements along Stone Creek and the Stone Creek Bypass.Work on the Bypass Channel is not anticipated to need 404 permitting since this is a dry overflow channel and not Waters of the US.Work on Stone Creek may be accomplished under Nationwide permits.Exhibit 1 shows the area near Highway 6 where the bypass channel has diminished capacity.The capacity needs to be re-established by excavating along the alignment of the existing golf cart path.Work will include removal of a cinder block retaining wall and removal of the trail,excavating the channel,and reconstructing the trail.Exhibit 2 shows the area along the Bypass Channel that has limited capacity. Obsolete corrugated metal pipes will be removed from the channel area.Excavation will also be needed to re-establish the capacity.Exhibit 3 shows the key control point to maintain low flows in Stone Creek,but divert flood flows off-line into the Bypass Channel.The existing diversion has collapsed culverts,a crude diversion and a limited capacity channel. The proposed diversion may include a concrete junction box to bring the flow into a 60-inch pipe to be split between a 30-inch low flow to Stone Creek and a 60-inch flood flow pipe to the bypass channel.The Bypass Charnel will also be excavated for additional capacity.Exhibit 4 shows two areas of work.An overflow spillway on Stone Creek will be formalized to spill flood flows into the golf course and away from residential structures.Trout Pond has a 42-inch pipe outlet.However,if Stone Creek overtops and floods Trout Pond,additional outlet capacity is needed.A parallel 35-inch x 58-inch arch pipe is proposed to provide emergency overflow capacity. Attachments: Stone Creek -FEMA Grant IndeKpdf Stone Creek -FEMA Grant PP Exhibit 1 .idf Stone Creek -FEMA Grant PP Exhibit 2.idf Stone Creek -FEMA Grant PP Exhibit 3.pdf Stone Creek -FEMA Grant PP Exhibit 4.ndf )f68 lnfv2nhl AM Application htir Problem Description Please describe the problem to be mitigated.Include the geographic area in your description. Development of the Stone Creek Subdivision began to occur after 1972.Historic flooding of Stone Creek has not been documented or measured.It is likely,however,that floods occurred on Stone Creek when the adjacent Beaver Creek flows were particularly high as measured by a gage.Beaver Creek is an adjacent drainage basin,immediately to the west of Stone Creek basin,with a drainage area of approximately 16 square miles.A gage near its mouth recorded relatively high stream flows during 1983,1978,and 1984 (in order of magnitude)during its record since 1974.All of these peak flows occurred in the month of June.This indicates snowmelt runoff as the probable cause of the largest floods in the Stone Creek drainage basin. Enter the Latitude and Longitude coordinates for the project area. Latitude:39.62 Longitude:-106.49 Attachments: Stone Creek Floodilain Work Map.pdf Hazard Information Select hazards to be mitigated Flood If other hazards,please specify If you would like to make any comments,please enter them below. The effective floodplain mapping for Stone Creek is a Zone A delineation that does not match current mapping topography.The existing regulatory floodplain follows an alignment along Elk Lane which is along the hillside.The regulatory floodplain delineation also does not include the Stone Creek Bypass flood easement.The effective floodplain mapping effort for Stone Creek was performed in the early 1980’s,and used coarse mapping that did not accurately project the Stone Creek channel within the Eagle-Vail Subdivision.Specifically,there are areas of Elk Lane,Deer Boulevard,and other areas that are shown to be within the regulatory floodplain that are clearly elevated above the Stone Creek floodplain.In these areas,the regulatory floodplain is completely outside of Stone Creek and Golf Club Creek.Because of these mapping inaccuracies,many residents were being assessed mandatory floodplain insurance by their lenders,as required under the National Flood Insurance Reform Act of 1994.This resulted in substantially large flood insurance premiums for an area that has a very low probably of flooding:much lower than properties located adjacent to waterways.In July 2009 Matrix Design Group submitted a LOMR to FEMA to improve the accuracy of the floodplain mapping along Stone Creek.The FIRM map from December 2007 as well as the revised 100-year floodplain Matrix Design Group submitted to FEMA for approval in July of 2009 have been attached. Attachments: FM08037C0651 D.pdf Stone Creek Annotated FIRM.pdf Stone Creek LOMR.pdf FIRM Information Is the project located within a hazard area:No 10/3/2011 1123AM rint Application If other identified high hazard area,please specify: Is there a Flood Insurance Rate Map (FIRM)or Flood Hazard Boundary Map fFHBM)available for your project area? Enter FIRM Panel Number: Is the project site marked on the map? 0651D Electronic map attached Area of special flood hazard without water surface elevations determined (A) Yes Select Flood Zone Designation 10/3/2011 11:23AM Application ht Scope of Work What are the goals and objectives of this activity? The goal of this improvement project is flood hazard reduction for the Stone Creek subdivision residential community.A detailed floodplain study was completed in 2009 demonstrating how the community may be impacted by a 100-year flood.Mitigation measures are proposed which reduce the flooding hazard to residential structures.The objective of the mitigation measures is to preserve the natural channel as an amenity while reducing the susceptibility of the structures to flooding. Briefly describe the need for this activity. Currently,12 structures or 15 residential units (9 single family residential structures and 3 residential duplex structures)have been identified in the LOMR Zone AE floodplain,and 65 additional structures have been identified within the Shaded Zone X area (areas of flooding less than one foot deep).Flooding is anticipated to be rapid due to rainfall on top of snowmelt in the steep mountain drainage basin.It is expected that there will not be time to respond during a flood to mitigate flood damages (i.e.,sand bags).Therefore,to protect safety and property,pre-disaster mitigation measures are recommended to reduce the flood hazard. Describe the problems this activity will address. Flood hazard will be reduced to residential structures.There are 5 work zone areas along Stone Creek to reduce the flood hazard.Not all of the 12 structures noted above can be removed from the flood hazard area by mitigation.Two structures will remain in the floodplain after mitigation. Describe the methodology for implementing this activity. An engineer will be selected to design mitigation measures and obtain necessary permits.Construction drawings will be developed so that a contractor can be selected for the project.An earthwork,rock and pipeline contractor will reconstruct the diversion into the engineered bypass channel and improve conveyance along this bypass. If you would like to make any comments,please enter them below. Attachments: 20091116 FloodMitigationMap REV2009I 125 (2).pdf Enter Work Schedule Description Of Task S%Unit Of Time Duration Unit Of Time Work Complete By Construction forwork on Exhibit 2-Midway of Stone Creek Bypass 139 DAYS 7 DAYS Contractor Prepare Construction Drawings 14 DAYS 90 DAYS Engineer Prepare Bid Dooinents and AdvertiseforBid 104 DAYS 14 DAYS Engineer Construction for work on Exhibit 1-NearHighway6 118 DAYS 21 DAYS Contractor ConstructionforworkonExhibit 146 DAYS 28 DAYS Contractor Site surveyand utittypotholing 1 DAYS 14 DAYS Constnctionforwork on Exhibit ‘174 DAYS 21 DAYS Contractor Estimate the total duration of the proposed activity:195 DAYS 68 10/3/2011 11:23AM -mt Application htt.,, Properties Damaged Property Address: Address line 1 249 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Dudley and Gari Middle Name Last Name Mitchell Home Office Ext.Phone Cell Other Ext. Owners Mailing Address: Address line 1 9167 E Star Hill Lane Address line 2 Other (P0 Box,Route,etc) City Littleton State CO ZIP 80124 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Basement Basement Yes Type of Residence Parcel Number Property Tax Identification Number Latitude Lonqitude Does this property have an NFIP Policy Number Yes of68 10/3/2011 11:23AM ExhibitC-Pae4.Oof1Q9itApplicationhtc.J/eservices.iema.gowFti’vwuugatiowrrintdo Policy Number Pending Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 1136,37000 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property lnfonnation II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action iS feetElevation) First Floor Elevation (only applicable when Property Action is feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when PropertyAction is Elevation) Flood Source Stormwater Runoff Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yesforyourprojectarea? Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Property records were obtained from the Eagle County Assessor’s Office and have been included with this grant. Attachments Name Date Attached Stone Creek_Structures to be Removed from FRpdf 12-03-2009 PropertyRecords.pdf 05-27-2010 inii’nii ii•AM Exhibit C -)gJo9’nt.dotintApplicationhttp.,/eservices.rema.gov of6$inivrni ii.,i AKA Application Properties Damaged Property Address: Address line 1 227 Cottonwood Road Address line 2 City Vail County Eagle State CO ZIP 61657 Owner Information: First Name Leslie Middle Name A Last Name Metzer Home Office Ext.Phone Cell Other Owner’s Mailing Address: Address line 1 750 S Garfield Address line 2 Other (P0 Box,Route,etc) City Denver State CO ZIP 60209 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Slab on Grade Basement Yes Type of Residence Parcel Number Property Tax Identification Number Latitude Lonqitude Does this property have an NFIP Policy Number Yes 68 1O/V20h1 11%AM mt Application http Policy Number Pending Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 1,189,420.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation (only applicable when PropertyActionis feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yesforyourprojectarea? Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of 68 10/3/2011 1123 AM Application Properties Damaged Property Address: Address line 1 205 Cottonwood Road Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name E.Leigh,B.Susan,and W.Kent Middle Name Last Name Rychel Home Office Ext.Phone Cell Other Ext. Owner’s Mailing Address: Address line 1 Address line 2 Other f P0 Box,Route,etc)P0 BOX 732 City Vail State CO ZIP 81658 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2-4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Lonqitude Does this property have an NFIP Policy Number Yes 68 10/3/2011 1123 AM -mt Application http. Policy Number Pending Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 547,670.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 NoRepetitiveLossStructure Property Locator Number Number of Losses Legal Description Property Information II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation (only applicable when Property Action is feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only apphcable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yesforyourprojectarea? Is the property site marked on the map?Yes *Flood Zone DesiQnation (only appicable when Property Action Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of6$10/3/2011 1123AM ExhibitC-Paci.e4.6ofla9itApplicationhflp:/kservIces.rema.govIFbrAMJtigationf?rtnt.do Properties Damaged Property Address: Address line 1 187 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name David Middle Name Last Name Kinsella Home Office Phone Cell Other Ext. Owner’s Mailing Address: Address line 1 Address line 2 Other (P0 Box,Route,etc)P0 BOX 2544 City Vail State CO ZIP 81658 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2-4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number No lflIV’)flH 11Y1 A1A Exhibit C -aae 47 of 109tintApplicationhtp.I/eserv1ces.Iema.govItbIwMIuganon/print.do Policy Number Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 931,170.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 NoRepetitiveLossStructure Property Locator Number Number of Losses Legal Description Property Information II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when ProperlyAction is feetElevation) First Floor Elevation (only applicable when Property Action is feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yesforyourprojectarea? Is the property site marked on the map?Yes *Flood Zone Designation (onlyappiicablewhenPropertyAction Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of68 1n/V7fl11 iii AM Application Properties Damaged Property Address: Address line 1 153 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Ryan Middle Name Last Name Geller Home Office Phone Cell Other Ext. Owner’s Mailing Address: Address line 1 Address line 2 Other (P0 Box,Route,etc)PC BOX 9074 City Avon State CO ZIP 81620 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number No 68 10/3/2(111 1193 AM tint Application ht4../esetifjdgIoiJQnt.do Policy Number Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 813,500.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 NoRepetitiveLossStructure Property Locator Number Number of Losses Legal Description Property Information II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation (only applicable when Property Action is feet•Elevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within Is there a Flood Insurance Rate Map (FIRM)available Yesforyourprojectarea? Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when PropertyAcuon Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of68 1o/312n11 112’lAM Application Properties Damaged Property Address: Address line 1 1 S Deer Blvd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Richard Middle Name B. Last Name Weisehan Home Office Phone Cell Other Ext. Owner’s Mailing Address: Address line 1 Address line 2 Other (P0 Box,Route,etc)P0 Box City Avon State CO ZIP 81620 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2-4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 68 lO/3/2U11 112AM rint Application hn., Policy Number -Pending Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 659,030.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 NoRepetitiveLossStructure Property Locator Number Number of Losses Legal Description Property Information II: Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation fonlyapplicable when PropertyAclionis feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located withn *Is there a Flood Insurance Rate Map (FIRM)available Yesforyourprojectarea? Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of 68 10/3/2011 11%3 AM it Application Properties Damaged Property Address: Address line 1 30 Coyote Ct Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Brogan Middle Name Last Name Smith LLC Home Office Ext.Phone Cell Other Ext. Owner’s Mailing Address: Address line 1 1318 W George St Address line 2 Other (P0 Box,Route,etc) City Chicago State IL ZIP 60651 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latftude Lonqitude Does this property have an NFIP Policy Number No 6$lfl/V’Thll 11. Exhibft C -Paae 5.3 of 109tintApplicationhttp.r/eservices.rema.gov/Fiw1Jtigation/?rint.do Policy Number Insurance Policy Provider V Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 639,450.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 NoRepetitiveLossStructure Property Locator Number Number of Losses Legal Description Property Information II: Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation (only applicable when Property Action is feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Souce Stormwater Ruioff Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yforyourprojectarea?es Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when PropertyAction Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of68 inivnn ii’A?..,I Application htt Properties Damaged Property Address: Address line 1 205 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Rychel Middle Name Last Name B.Susan,W.Kent &E.Leigh Home Office Ext.Phone Cell Other Ext. Owner’s Mailing Address: Address line 1 Address line 2 Other (P0 Box,Route,etc)P0 Box 732 City Vail State CO ZIP 81658 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2-4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Lonqitude Does this property have an NFIP Policy Number Yes ln/v,nfl 11.7 AKA mt Application hffp. Policy Number Pending Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 049%Damaged Pre-Event Fair Market Value 547,670.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation (onlyappcablewhenPropertyActionis feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when PropertyActionis Elevation) Flood Source Stormwater Runoff Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yforyourprojectarea?e Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of68 iniv’nii AM Exhibit C -Iacie 56 of 1Q9.t Application https://eservtces.iemagovir ii.iiiivungatiowrrint.do Properties Damaged Property Address: Address line 1 1 N Deer Blvd Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Todd Middle Name Last Name Jackson Home Office Ext.Phone Cell Other Ext. Owner’s Mailing Address; Address line 1 9 Buchman Dr Address line 2 Other (P0 Box,Route,etc) City Loudonville State NY ZIP 12211 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2-4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Thx Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes IflR/7flhl 119’AM tint Application http.i eserov)Ngtoi/Qnt.do Policy Number Pending Insurance Policy Provider Farmers Sri!!Agency-Avon,CO Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 660,120.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 NoRepetitiveLossStructure Property Locator Number Number of Losses Legal Description Property Information II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation (onlyapplicable when PropertyActionis feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yesforyourprojectarea? Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of6$1O//2Oh1 119 AM Exhibit C -Paae 58 of 109tApplicationhttps://eservices.fema.gov/fEMAMitigatioWPrint.do Properties Damaged Property Address: Address line 1 440 E Stone Creek Dr Address line 2 City Vail County Eagle State CO ZIP 61657 Owner Information: First Name 14th Streamside Duplex Middle Name Last Name do David &Sarah Elliott Home Office Ext.Phone Cell Other Ext. Owner’s Mailing Address: Address line 1 5616 101st Ave N Address line 2 Other (P0 Box,Route,etc) City Brooklyn Park State MN ZIP 55443 Does ths property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2-4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Lonqitude Does this property have an NFIP Policy Number Yes 1fl12/,flhl 11.)2 A?f rint Application Policy Number Pending Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 620,290.00 Benefit Cost Analysis Performed No Benefit Cost Ratio Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation (only applicable when Property Action is feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yesforyourprojectarea? Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when PropertyAction Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments Ifl/’2/lrnl 11.)2 A1A Exhibit C -Paiie 6.0 of iaLtApplicationhttps://eservtces.Iema,gov/FiiruMingation’Print.do Properties Damaged Property Address: Address line 1 440 W Stone Creek Dr Address line 2 City Vail County Eagle State CO ZIP 81657 Owner Information: First Name Carl D.and Neilda L. Middle Name Last Name Hanson Home Office Ext.Phone Cell Other Ext. Owner’s Mailing Address: Address line 1 4580 Sumac Lane Address line 2 Other (P0 Box,Route,etc) City Littleton State CO ZIP 80123 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type 2-4 Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude jgftude Does this property have an NFIP Policy Number Yes in/v.,nii ii• Exhibit C -PZQe 61 of 109nntApplicationhttpsi/eservtces.Iema.gov/f1IAMitigationfPrintdo Policy Number Pending Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 620,290.00 Benefit Cost Analysis Performed No Benefit Cost Ratio NoRepetitiveLossStructure Property Locator Number Number of Losses Legal Description Property Information II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when Property Action is feetElevation) First Floor Elevation (only applicable when Property Action is feetElevation) Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within *Is there a Flood Insurance Rate Map (FIRM)available for your project area? Is the property site marked on the map?Yes *Flood Zone Designation (onlyapplicable when PropertyAction Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 06510 12-04-2007 Comments Map attached to first property. Attachments of68 inii,rii ii.’, Exhibit C -Eaae 62 of W9Applicationhflps://eserv1ces.rema.gov/rIi1Mrngat1owrrInt.do Properties Damaged Property Address: Address line 1 113 Cottonwood Rd Address line 2 City Vail County Eagle State CO ZIP 61657 Owner Information: First Name Velma Middle Name Last Name Lane Home Office Ext.Phone Cell Other Ext. Owners Mailing Address: Address line 1 6121 Falcon Lane Address line 2 Other (P0 Box,Route,etc) City Morrison State CO ZIP 80465 Does this property have other co-owners N or holders of recorded interest? Property Information: Age of structure (year built) SHPO Review SHPO Reviewed Date Structure Type Single Family Foundation type Slab on Grade Basement No Type of Residence Parcel Number Property Tax Identification Number Latitude Longitude Does this property have an NFIP Policy Number Yes 68 1fl/I2flh1 11•7 AM Exhibit C -Iaue 3 of 109rintApplicationhttps.i ieservices.Iema.govir b1’’1AMiUgation/Print.do Policy Number Pending Insurance Policy Provider Select hazard to be mitigated:Flood Damage Category 0-49%Damaged Pre-Event Fair Market Value 1024,500.00 Benefit Cost Analysis Performed Yes Benefit Cost Ratio 1.35 Repetitive Loss Structure No Property Locator Number Number of Losses Legal Description Property Information II: *Primary Property Action Drainage Conveyance Improvements Secondary Property Actions Flood Hazard Base Flood Elevation (only applicable when PropertyAcuon is feetElevation) First Floor Elevation (onlyapplicable when PropertyActionis feetElevation)- Number of feet the lowest floor elevation of the structure is being raised above Base Flood Elevation (only applicable feet when Property Action is Elevation) Flood Source Stormwater Runoff Property located within *Is there a Flood Insurance Rate Map (FIRM)available Yforyourprojectarea?es Is the property site marked on the map?Yes *Flood Zone Designation (only applicable when Property Action Area of special flood hazard without water surface elevations is Elevation)determined (A) FIRM Information (Flood Maps) Community Name CID Number FIRM Panel Number Effective Date EAGLE COUNTY *080051 0651D 12-04-2007 Comments Map attached to first property. Attachments of6$-1flIVflh1 1 A1i1 it Application Decision Making Process Describe the process you used to decide that this project is the best solution to the problem. The LOMR completed in 2009 made it clear that a 100-year flood of 250 cfs on Stone Creek would have the potential to cause much damage to the community due to shallow sheet flow across the site.The floodplain model evaluated seven flow split conditions whereby the flooding would overtop the banks and sheet flow in a different direction than the defined channel.12 structures have been identified in the floodplain and 65 additional structures have been identified within the Shaded Zone X area (areas of flooding less than one foot deep).The lower reach has a limited capacity of 80 cfs before overtopping occurs.The original engineering subdivision reserved a drainage easement for flood flows to bypass a majority of the developed community.This bypass channel was intended to have a capacity of at least 300 cfs which is more than the accepted 100-year flood.However,since the construction of the subdivision in 1972,the condition of this bypass channel has deteriorated and wilt not function as intended.The process for selecting the preferred solution involved determining the safe allowable flow in the tower reach,re-establishing the flow split into the bypass channel and improving the bypass charnel to convey the design flow.In addition,there are opportunities to divert flood flows through the golf course to alleviate the potential of the creek to flood adjacent residential structures. Several community meetings have been conducted to explain improvements that would reduce the flood hazard.The community has embraced these solutions and is pursing this grant to help fund construction. Explain why this project is the best alternative. Easements are already in-place to allow the bypass channel to accept flood flows.Minimal permits are required for work on the bypass channel since this bypass channel only accepts flood flows and is considered “Waters of the U.S.” The proposed selected alternative maintains the intent of the engineered community system to mitigate flood hazards. Alternatively,the downstream channel could be improved to convey the full 100-year flow,however,this would require extensive 404 permitting and upsizing many roadway culverts. Comments: Attached is a list of properties within a flood hazard area.Also attached are maps showing structures within the Zone AE floodplain,structures within the Zone X floodplain,and parcels within the Zone AE floodplain. Attachments: Maps of flooded properties.pdf Properties in Zone X.pdf lnIv’,nhl 11.’2 AT4 tint Application https.i 403.2 -Stormwater Management -Diversions Federal Share:$180,000.00 Cost Unit Unit of Unit Cost Cost Item Name Classification Quantity Measure ($)Estimate Mobilization Construction And Project 1.00 Each $12,000.00 $12,000.00 Engineering and Survey Architectural Engineering 1.00 Each $34,000.00 $34,000.00 Remove Trail Asphalt Demolition And Removal 290.00 Square Yard $4.00 $1,160.00 Remove Brick Retaining Wall Demolition And Removal 50.00 Linear Foot $125.00 $6,250.00 Water Control during Construction And Project construction Improvement 60.00 Day $300.00 $18,000.00 Utility Locates and Potholing Construction And Project 1.00 Each $6,000.00 $6,000.00 Fine Grading,Shaping and Construction And Project Subgrade Prep Improvement 1,600,00 Square Yard $4.00 $6,400.00 Remove 29”X42”Arch CMP Demolition And Removal 56.00 Linear Foot $10.00 $560.00 Remove and Salvage 35’x58”Construction And Project CMP Improvement 150.00 Linear Foot $12.00 $1,800.00 Traffic Control (Signs and Construction And Project Cones)Improvement 1.00 Each $6,250.00 $6,250.00 Excavation (Haul off site)Construcbon And Project 1,018.00 Cubic Yard $25.00 $25,450.00 Embankment CIP Construction And Project 600.00 Cubic Yard $8.00 $4,800.00 Maintenance Access Construclion And Project 1,450.00 $7.00 $10,150.00 Replace Asphalt over pipeline Construction And Project 585.00 pench $7.00 $4,095.00 Diversion Structure Concrete Construction And Project 10.00 Cubic Yard $1,250.00 $12,500.00 30”RCP COnstruction And Project 30.00 Linear Foot $112.00 $3,360.00 60”RCP Construcon And Project 48.00 Linear Foot $250.00 $12,000.00 Reinforced Concrete FES and Construction And Project Cutoff Wall-60”Improvement 2.00 Each $8,000.00 $16,000.00 Inlet Structure with Rack Construction And Project 1.00 Each $6,250.00 $6,250.00 Outlet Structure Construction And Project 1.00 Ead $3,750.00 $3,750.00 Rock Diversion Structure Construction And Project 26.00 Ton $250.00 $6,500.00 Construction Management Construction And Project 1.00 Each $12,000.00 $12,000.00 of68 1fl/Vflh1 11-’)2 AIA Exhibit C -Application https://eservtces.iema.gov Construction And Project 16,248.00 Square Foot $1.25 $20,310.00Re-vegetation Improvement Remove 18”CMP Demolition And Removal 83.00 Linear Foot $25.00 $2,075.00 Remove Road Asphalt Demolition And Removal 585.00 Square Foot $4.00 $2,340.00 Pre-Award Engineering Architectural Engineering 1.00 Each $6,000.00 $6,000.00ServicesBasicFees Total Cost $240,000.00 Total Project Cost Estimate:$240,000.00 1O//2flhI 112’AM Exhibit C-Paae 67 of 109tintApplicationhttps.I/eserv1ces.rema.gov/Ff1AMingatiowI’rint.do Match Sources ActMty Cost Estimate $240,000.00 Federal Share Percentage 75% Non-Federal Share Percentage 25% Dollars Percentage Proposed Federal Share $180,000.00 75% Proposed Non-Federal Share $60,000.00 25% Matching Funds Name ofSourceAgencySourceAgency Funding Type Amount ($)Action Local Agency Eagle Vail Property Owner’s Cash $30 000.00 View DetailsFundingAssociation Local Agency Eagle County Cash $30,000.00 View Details Grand Total $60,000.00 If you would like to make any comments,please enter them below. The Eagle Vail Property Owner’s Association (EVPOA)will function as the matching funds for the proposed Non-Federal Share ($60,000).Eagle County may cost share with the EVPOA based upon review and approval of its 2010 budget.If county funds are not approved,then the EVPOA will cover the non-federal share funds. Attachments Funding Source Local Agency Funding Name of Funding Source Eagle Vail Property Owner’s Association Funding Type Cash Amount $30,000.00 Date of availability 12-02-2009 Funds commitment letter date 12-02-2009 E-V Letter of Grant Support2.pdfAttachment(funds commitment letter) Funding Source Local Agency Funding Name of Funding Source Eagle County Funding Type Cash Amount $30,000.00 Date of availability 01-01-2010 Funds commitment letter date 12-02-2009 20091203 EC Letter.pdfAttachment(funds commitment letter) of68 ln/v,,nhl I1’,AIiA ExhibitC-Pace6.8of1Q9itApplicationhttps://eservices .rema.gov/FbMJM1ngat1owrr1nt.do 68 11.,LSj,1 Exhibit C -Pane 69 Qf 109nntApplicationhttps.i/eservices.;ema.govifimiuvuuganoniprint,do Cost Effectiveness Information Attach the Benefit Cost Analysis (BCA),if completed for this project Stone Creek lrindated Structures FEMA Grant Profile .pdf Stone Cr BCA export 071410.zip Stone_Creek Inundated Structures FEMA Grant.pdf PropertyRecords.pdf What is the source and type of the problem? Flooding on Stone Creek in Eagle County,Colorado is the hazard that this project will mitigate. How frequent is the event? Damages are anticipated for 2%annual flood (50-year flood)and greater.The subdivision has not experienced any flooding recently,but the floodplain study demonstrates the susceptibility to flooding.Based upon the detailed flood model,damages have been shown to occur for the 50-year flood event and beyond. How severe is the damage? Damages will be the result of shallow flooding.A flood will damage property and building contents.Due to the rapid and unanticipated nature of flooding,human safety could also be a concern and limit the ability to respond to the hazard. What kinds of property are at risk? All structures shown at risk are residential structures,single family and duplex buildings. Are there better,alternative ways to solve the problem? Re-establishment of the engineering flood bypass channel is the best method to reduce the flood hazards to structures downsteam.Alternatively,the channel could be widened and deeped and crossing structures upsized to fully contain the 100-year flood to the channel.However,this would impact Waters of the US and require extensive 404 permitting. Another option considered is upstream detention,however,building a reservoir and dam would have greater environmental impacts and be more costly.The best alternative is to make site specific improvements for flood bypass as planned during the subdivision development. Are the mitigation project costs well documented and reasonable? Yes If you would like to make any comments,please enter them below. Attachments: Damage History Date Event Description of Damage Amount of Damage Total Amount of Damage $0.00 of68 inivnii ii,AM Exhibit C -Paqe 70 of 109 it Application https://eservtces.tema.gov/FEMAMitigationfPrint.do A.National Historic Preservation Act -Historic Buildings and Structures *1.Does your project affect or is it in close proximity to any buildings or structures 50 years or Nomoreinage? If Yes,you must confirm that you have provided the following: The property address and original date of construction for each property affected (unless this information is already noted in the Properties section), A minimum of two color photographs showing at least three sides of each structure (Please label the photos accordingly), A diagram or USGS 1:24,000 scale quadrangle map displaying the relationship of the property(s)to the project area. To help FEMA evaluate the impact of the project,please indicate below any other information you are providing: Information gathered about potential historic properties in the project area,including any evidence indicating the age of the building or structure and presence of buildings or structures that are listed or eligible for listing on the National Register of Historic Places or within or near a National Register listed or eligible historic district.Sources for this information may include the State Historic Preservation Officer,and/or the Tribal Historic Preservation Officer (SHPO/THPO),your local planning office,historic preservation organization,or historical society. Consideration of how the project design will minimize adverse effects on known or potential historic buildings or structures,and any alternatives considered or implemented to avoid or minimize effects on historic buildings or structures.Please address and note associated costs in your project budget. For acquisition/demolition projects affecting historic buildings or structures,any data regarding the consideration and feasibility of elevation,relocation,or flood proofing as alternatives to demolition. Attached materials or additional comments. Comments: Attachments: B.National Historic Preservation Act -Archeological Resources *1.Does your project involve disturbance of ground?Yes If Yes,you must confirm that you have provided the following: A description of the ground disturbance by gMng the dimensions (area,volume,depth,etc.)and location The past use of the area to be disturbed,noting the extent of previously disturbed ground. A USGS 1:24,000 scale or other site map showing the location and extent of ground disturbance. Exhibit C -Paae 71 of 109tintApplicationhflps://eservices.fema.govlfEMAMitigatio&Print.do To help FEMA evaluate the impact of the project,please indicate below any other information you are providing: Any information about potential historic properties,including archeological sites,in the project area. Sources of this information may include SHPOITHPO,and/or the Tribe’s cultural resources contact if no THPO is designated.Include,if possible,a map showing the relation of any identified historic properties to the project area. Attached materials or additional comments. Comments: The ground disturbance consists of work along the stream channels to increase the capacity of floodwaters. Additionally,a diversion structure will be constructed to properly divert excess flows into the bypass channel.The enclosed map “Disturbed_Areas”shows the locations of disturbance.Total disturbance will consist of 1018 cubic yards (CY).Historically,the area was utilized as a farming area,and then in the early 1970’s,it was platted as a residential golf course community subdivision.The golf course plans graded much of the area,and the creek was rerouted from its present location. Attachments: Disturbed Areas.pdf C.Endangered Species Act and Fish and Wildlife Coordination Act *1.Are Federally listed threatened or endangered species or their critical habitat present in the Noareaaffectedbytheproject? If Yes,you must confirm that you have provided the following: Information you obtained to identify species in or near the project area.Provide the source and date of the information cited. To help FEMA evaluate the impact of the project,please indicate below any other information you are providing: Any request for information and associated response from the USFWS,the National Marine Fisheries Service (NMFS)(for affected ocean-going fish),or your State Wildlife Agency,regarding potential listed species present and potential of the project to impact those species. Attached materials or additional comments. Comments: *2.Does your project remove or affect vegetation?Yes If Yes,you must confirm that you have provided the following: Description of the amount (area)and type of vegetation to be removed or affected. A site map showing the project area and the extent of vegetation affected. Photographs or digital images that show both the vegetation affected and the vegetation in context of its surroundings. To help FEMA evaluate the impact of the project,please indicate below any other information you are providing: nF f2 Exhibit C -Paae 72 of 1Q9tApplicationhttps://eserv1ces.rema.gov/Fti’iiMthgation/rrintdo Attached materials or additional comments. Comments: The project involves dredging and removal of vegetation to improve the flow characteristics of the channel.Much of the vegetation is overgrown and would trap debris and other vegetation during a flooding event.Management by selective removal will improve the stream corridor and will not completely remove any species,but will only prune ft to better manage it in the corridor. *3.Is your project in,near (within 200 feet),or likely to affect any type of waterway or body of Yeswater? If Yes,and project is not within an existing building,you must confirm that you have provided the following: A USGS 1:24,000 scale quadrangle map showing the project activities in relation to all nearby water bodies (within 200 feet). Any information about the type of water body nearby including:its dimensions,the proximity of the project actMty to the water body,and the expected and possible changes to the water body,if arTy.Identify all water bodies regardless whether you think there may be an effect A photograph or digital image of the site showing both the body of water and the project area. To help FEMA evaluate the impact of the project,please indicate below any other information you are providing: Evidence of any discussions with the US Fish and Wildlife Service (USFWS),and/or your State Wildlife Agency concerning any potential impacts if there is the potential for the project to affect any water body. Attached materials or additional comments. Comments: This project consists of improvements within the stream corridor,and therefore affects Stone Creek.The typical dimensions of the stream are that of a small mountain stream with a typical width of 8-12’wide and depths of 6”to 3’ depending on rtrioff volumes. Attachments: Disturbed_Areas.pdf Photographs.zh D.Clean Water Act,Rivers and Harbors Act,and Executive Order 11990 (Protection of Wetlands) *1.Will the project involve dredging or disposal of dredged material,excavation,adding fill material or result in any modification to water bodies or wetlands designated as “waters of the U.S’as Yes identified by the US Army Corps of Engineers or on the National Wetland Inventory? If Yes,you must confirm that you have provided the following: Documentation of the project location on a USGS 1:24,000 scale topographic map or image and a copy of a National Wetlands Inventory map or other available wetlands mapping information. To help FEMA evaluate the impact of the project,please indicate below any other information you are providing: ln/./,nhl 11’)A?f ExhibitC-PaaeZ3oflQ9rintApplicationhttpi/eservices.rema.govIFiriiivirngatioxvrint.do Request for information and response letter from the US Army Corps of Engineers and/or State resource agencies regarding the potential for wetlands,and applicability of permitting requirements. Evidence of alternatives considered to eliminate or minimize impacts to wetlands. Attached materials or additional comments. Comments: It is anticipated that there will need to be coordination with the US Army Corps of Engineers for wetlands permitting. The amount of work done in the wetlands corridor is anticipated to fall within the Nationwide permitting program.Upon grant award,the local USACE office will be contacted and a nationwide permit will be requested. Attachments: Disturbed Areas.pdf E.Executive Order 11988 (Floodplain Management) *1.Does a Flood Insurance Rate Map (FIRM),Flood Hazard Boundary Map (Fl-IBM),hydrologic study,or some other source indicate that the project is located in or will affect a 100 year Yesfloodplain,a 500 year floodplain if a critical facility,an identified regulatory floodway,or an area prone to flooding? If Yes,please indicate in the text box below any documentation to identify the means or the alternatives considered to eliminate or minimize impacts to floodplains (See the 8 step process found in 44 CFR Part 9.6.)to help FEMA evaluate the impact of the project: As this mitigation project is designed to change the SFHA in an area that has already been built,the intent is to remove the SFHA and protect the homes presently built.The area is completely built out,and since the subdivision was platted in 1973,prior to Eagle County’s NFIP adoption date in 1978,no floodplain management existed at that time. *2.Does the project after a watercourse,water flow patterns,or a drainage way,regardless of its floodplain designation?es If Yes,please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Hydrologic/hydraulic information from a qualified engineer to demonstrate how drainage and flood flow patterns will be changed and to identify down and upstream effects. Evidence of any const.itation with US Army Corps of Engineers (may be included uider Part D of the Environmental Information). Request for information and response letter from the State water resource agency,if applicable,with jurisdiction over modification of waterways. Attached materials or additional comments. Comments: There is a recently performed HEC-RAS model on the “existing conditions”of the stream that was submitted to update the in place mapping currently.During the construction document preparation phase and the subsequent LOMR submission,a hydraulic model will be run with the proposed improvements. Attachments: of68 ffl/V9flh1 11?’AM ••Exhibit C -Paq 74 of 1Q9tApplicationhttps://eservices.Iema.gov/Ft1v1AMlflgatton/Print.do F.Coastal Zone Management Act *1.Is the project located in the States designated coastal zone?No If Yes,please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Information resulting from contact with the appropriate State agency that implements the coastal zone management program regarding the likelihood of the project’s consistency with the State’s coastal zone plan and any potential requirements affecting the cost or design of the proposed activity. Attached materials or additional comments. Comments: Attachments: G.Farmland Protection Policy Act *1.Will the project convert more than 5 acres of “prime or unique”farmland outside city limits to a Nonon-agricultural use?V V Comments: Attachments: H.RCRA and CERCLA (Hazardous and Toxic Materials) *1.Is there a reason to suspect there are contaminants from a current or past use on the property Noassociatedwiththeproposedproject? If Yes,please indicate below any other information you are providing to help FEMA evaluate the impact of the project: V Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: *2.Are there any studies,investigations,or enforcement actions related to the property associated Nowiththeproposedproject? If Yes,please indicate below any other information you are providing to help FEMA evaluate the impact of the project: 68 V In/V7n11 tint Application Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: *3.Does any project construction or operation activities involve the use of hazardous or toxic Nmaterials?0 If Yes,please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: *4.Do you know if any of the ctxrent or past land-uses of the property affected by the proposed Nprojectoroftheadjacentpropertiesareassociatedwithhazardousortoxicmaterials?0 If Yes,please indicate below any other information you are providing to help FEMA evaluate the impact of the project: Comments and any relevant documentation. Results of any consultations with State or local agency to obtain permit with requirements for handling, disposing of or addressing the effects of hazardous or toxic materials related to project implementation. Attached materials or additional comments. Comments: Attachments: I.Executive Order 12898,Environmental Justice for Low Income and Minority Populations *1.Are there low income or minority populations in the project’s area of effect or adjacent to the Nprojectarea?0 If Yes,you must confirm that you have provided the following: of68 1fl/V’fli1 11.A!,A Exhibit C -Paae 76 of 109 it Application https ://eservices.fema.gov/fEMAMitigatioWPrint.do Description of any disproportionate and adverse effects to these populations. To help FEMA evaluate the impact of the project,please indicate below any other information you are providing: Description of the population affected and the portion of the population that would be disproportionately and adversely affected.Please include specific efforts to address the adverse impacts in your proposal narrative and budget. Attached materials or additional comments. Comments: Attachments: J.Other EnvironmentaUHistoric Preservation Laws or Issues *7 Are there other environmental/historic preservation requirements associated with this project Nothatyouareawareof? If Yes,please indicate in the text box below a description of the requirements,issues or public involvement effort. Letter attached sent to State Historic Preservation Officer on 72/02/2009. *2.Are there controversial issues associated with this project?No If Yes,please indicate in the text box below a description of the requirements,issues or public involvement effort. *3.Have you conducted any public meeting or solicited public input or comments on your specific Noproposedmitigationproject? If Yes,please indicate in the text box below a description of the requirements,issues or public involvement effort. Attachments: 20091 202_State.pdf K.Summary and Cost of Potential Impacts *7 Having answered the questions in parts A.through J.,have you identified any aspects of your proposed project that have the potential to impact environmental resources or historic No properties? If Yes,you must confirm that you have: lflhlP,Rhl 11.’)2 A?,A Exhibit C -Paae 77 of 109intApplicationhttps:i/eservices.femagov/fEMAMitigatioWPrint.do Evaluated these potential effects and provided the materials required in Parts A through J that identify the nature and extent of potential impacts to environmental resources and/or historic properties. Consufted with appropriate parties to identify any measures needed to avoid or minimize these impacts. Considered alternatives that could minimize both the impacts and the cost of the project. Made certain that the costs of any measures to treat adverse effects are realistically reflected in the project budget estimate. Comments: Attachments: nf6R 1nI,,,r11 11.’v, Exhibit C -Paae 78 of 109Applicationhttps://eservices.fema.gov/FEMAMitigatioWPrint.do Maintenance Schedule and Costs Maintenance will include vegetation management,clearing debris and trash,and removal of accumulated sediment.We have used $3600 per year in the Benefit-Cost Analysis for maintenance.We anticipate Provide a maintenance schedule including cost most work will occur as needed,primarily before and after the spring information flood.Very little work will be required during the fall and winter months due to low flows.Peak flows typically occur in May and June during the snow melt.Most work will be hand work by laborers. Heavy equipment is not expected to be necessary. •Identify entity that will perform any long-term Eagle Vail Metropolitan Districtmaintenance If you would like to make any comments,please enter them below. Attach letter from entity accepting performance EV Letter of Maintenance Responsibility.pdf responsibility 1R/2/’flh1 11.’1 A1,1 Exhibit C -Pane Z9 of 109-mt Application https:r/eservzces.tema.gov/FLMAMingation/Print.do Evaluation Information (Part 1 of 4) Is the recipient participating in the Community Rating System (CRS)?Yes If yes,what is their CR5 rating?8 Is the recipient a Cooperating Technical Partner (CTP)?No Is the recipient a Firewise Community?No If yes,please provide their Firewise Community number. Has the recipient adopted building codes consistent with the International Codes?es Has the recipient adopted the National Fire Protection Association No(NFPA)5000 Code? Have the recipient’s building codes been assessed on the Building Code Effectiveness Grading Schedule (BCEGS)?es If yes,what is their BCEGS rating?3 Is the recipient a Disaster Resistant University?No Is the recipient a Historically Black College or University or a Tribal NCollegeorUniversity? lnI21’)flil 11-12 A?A Application Evaluation Information (Part 2 of 4) Describe the desired outcome and methodology of the mitigation activity in terms of mitigation objectives to be achieved. The desired outcome for the mitigation is to remove a majority of the properties from the regulatory floodplain,and to also alleviate any shallow flooding that may occur if an event causes floodwaters to leave the channel. Describe performance expectations and timeline for interim milestones and overall completion of mitigation activity. Upon grant award,a scope of services contract will be negotiated with the design consultant,containing specific milestones for planning,agency coordination,construction document preparation,bidding,contract award,construction, LOMR submission,and contract close out.All major milestones will have set dates to produce a timely project.If a grant award would be made in the spring of 2010,it is anticipated that construction documents would be available in summer of 2010,for a work project to begin in fall 2010.The anticipated completion should not exceed 2 months,and the LOMR submission will proceed during the fall/winter of 2010,with adoption/map revisions in the spring of 2011. Describe how you will manage the costs and schedule,and how you will ensure successful performance. The project will be designed and a set of construction documents will be produced.A competitive public bidding process will select the lowest qualified bidder.Prior to contract award,a detailed construction time schedule and a schedule of values shall be submitted and approved.The contract will also contain a completion date,with penalties to ensure compliance.Upon completion,certification by the engineer of record shall be required and a revised LOMR will document the proposed changes. Describe the staff and resources needed to implement this mitigation activity and the applicant’s ability to provide these resources. A design consultant will be utilized to perform the construction document preparation,bidding,construction management,LOMR submission,and other relevant items.The county engineering department has staff that will serve as project manager. If applying for multiple mitigation activities,how do these activities relate? This is the only mitigation activity being applied for,so this is not applicable. lflh2I’)flhl 11.’,ATA Exhibit C -Paae 81 of 109rintApplicationhttps://eservices.fema.gov/fEMAMingation/Print.do Evaluation Information (Part 3 of 4) How will this mitigation activity leverage involvement of partners to enhance its outcome? The project consists of cooperative efforts between the homeowners,the Eagle Vail Property Owner’s Association,the Eagle Vail Metropolitan District,and Eagle County.These partners have worked together in updating the flood mapping in the area in a previous project,and this grant request represents the final step in a turnkey solution to flood mapping and mitigation for the Eagle Vail community. How will this mitigation activity offer long-term financial and social benefits? By removing a majority of affected property owners from the regulatory floodplain,both the peace of mind and the financial impacts of controlled floodwaters will offer the long-term financial benefits of the properties that are adjacent to Stone Creek.Additionally,the How does this mitigation activity comply with Federal laws and Executive Orders,and how is it complementary to other Federal programs? This project will comply with all federal laws and executive orders,such as coordination with US Army Corps of Engineers wetlands permitting,Eagle County grading permits,and Colorado Division of Wildlife concerns. What outreach activities are planned relative to this mitigation activity (e.g.,signs,press releases,success stories, developing package to share with other communities,losses avoided analysis)and/or how will this mitigation activity serve as a model for other communities (i.e.Do you intend to mentor other communities,Tribes or States?Do you intend to prepare a description of the process followed in this activity so that others may learn from the example?)? The mitigation project will be communicated through a public meeting with the stakeholders to explain the overall process.Previous public meetings have been held to comprehend the series of questions that many have regarding floodplain and mitigation related activities.Press releases will be available on the communities website,the local newspapers,and the county’s website.Because this represents a turnkey solution for being proactive in a floodplain, compared to many mitigation project that occur “after”the event happens,this project represents an ideal project to present at a floodplain conference.Additionally,a fact sheet can be placed on the communities website and run in the newspaper explaining the overall project from start to finish and emphasizing the importance for these types of projects,and how proactive approaches can minimize and/or eliminate any type of insurance and loss claims. nfR lfl/2P)Rhl 11.2 FA Comments: Given Data:1432 Residential Structures.12 Structures within Zone AE.65 Structures within Shaded Zone X (potential for shallow flooding)57 Structures within 100’ of a water source.Using those in zones AE and shaded zone x gives 77 directly affected,dMded by the community of Eagle Vail’s residential structure count of 1432 gives a percentage of 5.4% $392035.00 $28968000 1.353 FEMA BCA software methodology Flood Name Final_Floodplain lmpacts.pdf Date Attached 05-17-2010 Application Evaluation Information (Part 4 of 4) Please provide the percent of the population benefiting from this mitigation activity. Exhibit C -Paae 82 of 109 https://eservices.fema.gov/fEMAMftigation/Print.do Please explain your response. Net Present Value of Project Benefits (A) Total Project Cost Estimate (B) What is the Benefit Cost Ratio for the entire project (NB)? Analysis Type What is the primary hazard data used for the BCA? What secondary hazards were considered during the BCA? Other Secondary Hazard Does this mitigation activity protect a critical facility? If yes,please select the type of critical facilities to be protected No lfl/2/)flhl 11.’V A1.1 tint Application Exhibit C -PaQe 83 of 109http.i/eservzces.fema.govJfEMAMitigation/Print.do Comments and Attachments Mitigation Plan Information Stone Creek is a relatively small perennial creek located adjacent to development as a community amenity.Stone Creek is a south bank tributary to the Eagle River.The area of concern is 7500 to 7,700 feet elevation. The Stone Creek watershed drains an area of approximately 5 square miles.Stone Creek flows in a northerly direction toward the Eagle River, then splits during a flood to form two confluences through the Eagle-Vail community:a low flow channel called “Golf Club Creek”and a normally dry flood flow easement called Stone Creek Bypass”.The approximate length of the reach through development is 4,327 feet following Stone Creek to the Stone Creek Bypass,and an additional 5,301 feet following the low flow Golf Club Creek.The average watershed slope is very steep at approximately 875 feet per mile f 16%). There are five areas of proposed improvements along Stone Creek and the Stone Creek Bypass.Work on the Bypass Channel is not anticipated to need 404 permitting since this is a dry overflow channel and not Waters of the US.Work on Stone Creek may be accomplished under Nationwide permits.Exhibit 1 shows the area near HigIay 6 where the bypass channel has diminished capacity.The capacity needs to be re-established by excavating along the alignment of the existing golf cart path.Work will include removal of a cinder block retaining wall and removal of the trail, excavating the channel,and reconstructing the trail.Exhibit 2 shows the area along the Bypass Channel that has limited capacity.Obsolete corrugated metal pipes will be removed from the channel area.Excavation will also be needed to re-establish the capacity.Exhibit 3 shows the key control point to maintain low flows in Stone Creek,but divert flood flows off-line into the Bypass Channel.The existing diversion has collapsed culverts,a crude diversion and a limited capacity channel.The proposed diversion may include a concrete junction box to bring the flow into a 60-inch pipe to be split between a 30-inch low flow to Stone Creek and a 60-inch flood flow pipe to the bypass channel.The Bypass Channel will also be excavated for additional capacity.Exhibit 4 shows two areas of work.An overflow spillway on Stone Creek will be formalized to spill flood flows into the golf course and away from residential structures.Trout Pond has a 42-inch pipe outlet.However,if Stone Creek overtops and floods Trout Pond,additional outlet capacity is needed.A parallel 35-inch x 58-inch arch pipe is proposed to provide emergency overflow capacity. The effective floodplain mapping for Stone Creek is a Zone A delineation that does not match current mapping topography.The existing regulatory floodplain follows an alignment along Elk Lane which is along the hillside. The regulatory floodplain delineation also does not include the Stone Creek Bypass flood easement.The effective floodplain mapping effort for Stone Creek was performed in the early 1980’s,and used coarse mapping that did not accurately project the Stone Creek channel within the Eagle-Vail Subdivision.Specifically,there are areas of Elk Lane,Deer Boulevard,and other areas that are shown to be within the regulatory floodplain that are clearly elevated above the Stone Creek floodplain.In these areas,the regulatory floodplain is completely outside of Stone Creek and Golf Club Creek.Because of these mapping inaccuracies,many residents were being assessed mandatory floodplain insurance by their lenders,as required under the National Flood Insurance Reform Act of 1994.This resulted in Pictures from Stone Stone Creek Vicinit Stone Creek -FEM Stone Creek -FEMi Stone Creek -FEMP Name of Section Community Information Comment Stone Creek Water Reach Names.jpg Pitkin Eagle PDM P. Stone Creek -FEMP Stone Creek -FEM Mitigation Activity Information Hazard Information FM08037C0651 D.pc Stone Creek Annotat Stone Creek Floodpl. nfR int/’,r11 11.2 A?A a Application Exhibit C 84 of 109htt.!!eservices.tema.gov Mitigation/Print.do Scope of Work (Part 1) Decision Making Process Match Sources substantially large flood insurance premiums for an area that has a very low probably of flooding;much lower than properties located adjacent to waterways.In July 2009 Matrix Design Group submitted a LOMR to FEMA to improve the accuracy of the floodplain mapping along Stone Creek.The FIRM map from December 2007 as well as the revised 100-year floodplain Matrix Design Group submitted to FEMA for approval in July of 2009 have been attached. Attached is a list of properties within a flood hazard area.Also attached are maps showing structures within the Zone AE floodplain,structures within the Zone X floodplain,and parcels within the Zone AE floodplain. The Eagle Vail Property Owner’s Association (EVPOA)will function as the matching funds for the proposed Non-Federal Share ($60,000).Eagle County may cost share with the EVPOA based upon review and approval of its 2010 budget.If county funds are not approved then the EVPOA will cover the non-federal share funds. Stone_Creek LOMR 200911 l6FloodMiti’ Properties in Zone X Maps of flooded PtOl E-V Letter of Grant 20091203 EC Lette Stone Cr BCA exporl Cost Effectiveness Information Stone Creek Inund Stone Creek lnund PropertyRecords.pdl Maintenance Schedule and Costs Evaluation Information EHP -B -National Historic Preservation Act -Archeological Reources EHP -C - Endangered Species Act and Fish and WildLife Coordination Act EV Letter of Mainten Final Floodplain Im Disturbed_Areas.pdf Disturbed Areas.ødf Photoaraphs.zip EHP -D -Clean Water Act,Rivers and Harbors Act,and Executive Order 11990 It is anticipated that there will need to be coordination with the US Army Corps of Engineers for wetlands permitting.The amount of work done in the wetlands corridor is anticipated to fall within the Nationwide permitting program.Upon grant award,the local USACE office will be contacted and a nationwide permit will be requested. Disturbed_Areas.pdf [ond disturbance consists of work along the stream channels to increase the capacity of floodwaters.Additionally,a diversion structure will be constructed to properly divert excess flows into the bypass channel.The enclosed map “Disturbed Areas” shows the locations of disturbance.Total disturbance will consist of 1018 cubic yards fCY). The project involves dredging and removal of vegetation to improve the flow characteristics of the channel.Much of the vegetation is overgrown and would trap debris and other vegetation during a flooding event.Management by selective removal will improve the stream corridor and will not completely remove any species,but will only prune it to better manage it in the corridor. 1fl12/’)rlll 11.’V2 A?A ••Exhibit C -Paae 85 of 109intApplicationhttps./eservices.tema.gov/fEMAMitigation/Print.do As this mitigation project is designed to change the SFHA in an area that has already been built,the EHP-E-Executive intent is to remove the SFHA and protect the homes Order 11988 presently built.The area is completely built out,and since the subdivision was platted in 1973,prior tociooupiaInEagleCounty’s NFl?adoption date in 1978,noManagement)floodplain management existed at that time. [ietter attached sent to State Historic Preservation Officer on 12/02/2009. EHP-J-Other Environmental/Historic Preservation Laws or 20091202 State.rxtf Issues Property records were obtained from the Eagle County Assessor’s Office and have been included with this grant.PropertyRecords.Ddj Property -249 Cottonwood RD Vail 81657 Stone_Creek_Structi Map attached to first property. Property -227 Cottonwood Road Vail 81657 Map attached to first property. Property -205 Cottonwood Road Vail 81657 Map attached to first property. Property -187 Cottonwood RD Vail 81657 1n/2Inii 11•’)2 AA Application IiIap attached to first property. Property-153 Cottonwood RD Vail 81657 Map attached to first property. Property-113 Cottonwood RD Vail 81657 Map attached to first property. Property -30 Coyote CT Vail 81657 Map attached to first property. Property -205 Cottonwood RD Vail 81657 Map attached to first property. Property -1 N Deer BLVD Vail 81657 Map attached to first property. Property -440 E Stone Creek DR Vail 81657 1flI2Iflh1 11.’)2 ATA rnint Application Map attached to first property. Property -440 W Stone Creek DR Vail 81657 Map attached to first property. Property -1 S Deer BLVD Vail 81657 nfR lfl/2P)flhl 11.’2 A14 Exhibit C -Paae 88 of 109 Application https://eservices.fema.gov/fEMAMitigation/Print.do Assurances and Certifications Please click the link in the status column to view forms. Forms Status Part Il:FEMA Form 20-166,Assurances Construction Programs.Complete V Part Il:FEMA Form 20-16C,Certifications Regarding Lobbying;Debarment,Suspension and Com leteOtherResponsibilitiesMatters;and Drug-Free Workplace Requirements.p Part Ill:SF-LLL,Disclosure of Lobbying Activities (Comp’ete onIyifapplng fora grantof more than Not A licable$100,000 and ha lobbying activities using Non-Federal funds.See Form 20-1 6C for lobbying acthities definition.) lfl/,Iflflhl 11.flfl AaN Exhibit C -Paae 89 of 109tintApplicationhttps;u/eservices.fema.gov/FEMAMitigation/?rint.do FEMA Form 20-16B,Assurances-Construction Programs Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching e)dsting data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project (0348-0042),Washington,DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE:Certain of these assurances may not be applicable to your project or program.If you have questions,please contact the awarding agency.Further,certain Federal assistance awarding agencies may require applicants to certify to additional assurances.If such is the case,you will be notified. As the duly authorized representative of the applicant,I certify that the applicant: 1,Has the legal authority to apply for Federal assistance,and the institutional,managerial and financial capability (including funds sufficient to pay the nonfederal share of project costs)to ensure proper plaming,management and completion of the project described in this application. 2.Will give the awarding agency,the Comptroller General of the United States and,if appropriate,the State,through any authorized representative,access to and the right to examine all records,books, papers,or documents related to the assistance;and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3.Will not dispose of,modify the use of,or change the terms of the real property title,or other interest in the site and facilities without permission and instructions from the awarding agency.Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of the project. 4.Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval of construction plans and specifications. 5.Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. 6.Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7.Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. 8.Will comply with the Intergovernmental Personnel Act of 1970 (42 USC Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statues or regulations specified in Appendix A of OPMs Standards for a Merit System of Personnel Administration (5 CFR 900,Subpart F). 9.Will comply with the Lead-Based Paint Poisoning Prevention Act (42 USC Section 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10.Will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to:(a)Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race,color or national origin;(b)Title IX of the Education Amendments of 1972,as amended (20 USC Sections 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex (c) Section 504 of the Rehabilitation Act of 1973,as amended (29 USC Section 794),which prohibits discrimination on the basis of handicaps;(d)the Age Discrimination Act of 1975,as amended (42 USC Sections 6101-6107),which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and Treatment Act of 1972 (PL 92-255),as amended,relating to nondiscrimination on the nf6R 1fl//’flh1 11.’ Exhibft C -Paae 90 of 109Applicationhflps:!/eservices.fema.gov/FEMAMitigationl?rint.do basis of drug abuse;(f)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91-616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism;(g)Sections 523 and 527 of the Public Health Service Act of 1912 (42 USC Sections 290-dd-3 and 290-ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil Rights Act of 1968 (42 USC Section 3601 et seq.),as amended,relating to nondiscrimination in the sale,rental or financing of housing;(I)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and,(j)the requirements of any other nondiscrimination statute(s)which may apply to the application. 11.Will comply,or has already complied,with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and Federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12.Will comply with the provisions of the Hatch Act (5 USC Sections 1501-1508 and 7324-7328)which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13.Will comply,as applicable,with the provisions of the Davis-Bacon Act (40 USC Sections 276a to 276a-7),the Copeland Act (40 USC Section 276c and 18 USC Section 874),and the Contract Work Hours and Safety Standards Act (40 USC Sections 327-333)regarding labor standards for federally assisted construction subagreements. 14.Will comply with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (PL 93-2 34)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 15.Will comply with environmental standards which may be prescribed pursuant to the following:(a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (PL 91-190)and Executive Order (EO)11514;(b)notification of violating facilities pursuant to EQ 11738;fc)protection of wetlands pursuant to EQ 11990;(d)evaluation of flood hazards in floodplains in accordance with EQ 11988;(e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 USC Section 1451 et seq.);(f)conformity of Federal actions to State (Clean Air)Implementation Plans under Section 176(c)of the Clean Air Act of 1955,as amended (42 USC Section 7401 et seq.);(g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,as amended (PL 93-523);and (h)protection of endangered species under the Endangered Species Act of 1973,as amended (PL 93-205). 16.Will comply with the Wild and Scenic Rivers Act of 1968 (16 USC Section 1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 17.Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended (16 USC Section 470),EQ 11593 (identification and preservation of historic properties),and the Archaeological and Historic Preservation Act of 1974 (16 USC Section 469a-1 et seq.). 18.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 19.Will comply with all applicable requirements of all other Federal laws,Executive Orders,regulations, and policies governing this program. 20.It will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 USC Section 201),as they apply to employees of institutions of higher education,hospitals,and other nonprofit organizations. 21.It will obtain approval by the appropriate Federal agency of the final working drawings and specifications before the project is advertised or placed on the market for bidding;that it will construct the project,or cause it to be constructed,to final completion in accordance with the application and approved plans and specifications;that it will submit to the appropriate Federal agency for prior approval changes that after the cost of the project,use of space,or functional lfl/2/’)Rhl 11.’)2 A?,A •ExhibitC-Paae9l of 109mtApplicationhttps./eservices.tema.gov/FbI’1AMittgation/Print.do layout,that it will not enter into a construction contract(s)for the project or undertake other activities until the conditions of the construction grant program(s)have been met. 22.It will operate and maintain the facility in accordance with the minimum standards as may be required or prescribed by the applicable Federal,State,and local agencies for the maintenance and operation of such facilities. 23.It will require the facility to be designed to comply with the “American Standard Specification for Making Buildings and Facilities Accessible to,and Usable by,the Physically Handicapped,”Number A117.-1961,as modified (41 CFR 101-17.703).The applicant will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. 24.If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant,this assurance shall obligate the applicant,or in the case of any transfer of such property,any transfer,for the period during which the real property,or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 25.In making subgrants with nonprofit institutions under this Comprehensive Cooperative Agreement,it agrees that such grants will be subject to 0MB Circular A-122,“Cost Principles for Nonprofit Organizations”included in Vol.49,Federal Register,pages 18260 through 18277 (April 27,1984). I,Greg Schroeder,hereby sign this form as of 07-20-2010. of68 iniv,nii ii E.xhibitC-PaQe92oflO9Applicationhttps://eservices.tema.gov/fbiJAMitigation/Prrnt.do You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note:Fields marked with an ware required. Certifications Regarding Lobbying;Debarment,Suspension and Other Responsibility Matters;and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18,“New Restrictions on Lobbying;and 28 CFR Part 17,“Government-wide Debarment and suspension (Nonprocurement)and Government-wide Requirements for Drug-Free Workplace (Grants).”The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Federal Emergency Management Agency (FEMA) determines to award the covered transaction,grant,or cooperative agreement. 1.LOBBY1NG A.As required by the section 1352,Title 31 of the US Code,and implemented at 44 CFR Part 18 for persons entering into a grant or cooperative agreement over $100,000,as defined at 44 CFR Part 18,the applicant certifies that: (a)No Federal appropriated funds have been paid or will be paid,by or on behalf.of the undersigned,to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of congress,or an employee of a Member of Congress in connection with the making of any Federal grant,the entering into of any cooperative agreement and extension, continuation,renewal,amendment,or modification of any Federal grant or cooperative agreement; (b)If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form LLL, “Disclosure of Lobbying Activities”,in accordance with its instructions; Standard Form LLL Disclosure of Lobbying Activities Not Attached (c)The undersigned shall require that the language of this certification be included in the award documents for all the sub awards at all tiers (including subgrants,contracts under grants and cooperative agreements,and subcontract(s))and that all subrecipients shall certify and disclose accordingly. 2.DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549,Debarment and Suspension,and implemented at 44 CFR Part 67,for prospective participants in primary covered transactions,as defined at 44 CFR Part 17,Section 17510-A.The applicant certifies that it and its principals: (a)Are not presently debarred,suspended,proposed for debarment,declared ineligible,sentenced to a denial of Federal benefits by a State or Federal court,or voluntarily excluded from covered transactions by any Federal department or agency; (b)Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or perform a public (Federal,State,or local)transaction or contract under a public transaction;violation of Federal or State antitrust statutes or commission of embeIement,theft, forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; (c)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,State,or locally)with commission of any of the offenses enumerated in paragraph (1)(b)of this certification;and (d)Have not within a three-year period preceding this application had one or more public transactions 1fl/I’)Rh1 11.2 A1’fl tint Application (Federal,State,or local)terminated for cause or default;and B.Where the applicant is unable to certify to any of the statements in this certification,he or she shall attach an explanation to this application. Explanation:V 3.DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As requited by the Drug-Free Workplace Act of 1988,and implemented at 44 CFR Part 17,Subpart F,for grantees, V as defined at44 CFR part 17,Sections 17.615 and 17.623: (A)The applicant certifies that it will continue to provide a drug-free workplace by: (a)Publishing a statement notifying employees that the unlawful manufacture,distribution, dispensing,possession,or use of a controlled substance is prohibited in the grantee’s workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b)Establishing an on-going drug free awareness program to inform employees about: (1)The dangers of drug abuse in the workplace; (2)The grantee’s policy of maintairng a drug-free workplace; (3)Any available drug counseling,rehabilitation and employee assistance programs;and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c)Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d)Notifying the employee in the statement required by paragraph (a)that,as a condition of employment under the grant,the employee will: (1)Abide by the terms of the statement;and (2)Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. fe)Notifying the agency,in writing within 10 calendar days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction.Employers of convicted employees must provide notice,including position title,to the applicable FEMA awarding office,i.e.regional office or FEMA office. (f)Taking one of the following actions against such an employee,within 30 calendar days of receiving notice under subparagraph (d)(2),with respect to any employee who is so convicted: (1)Taking appropriate personnel action against such an employee,up to and including termination,consistent with the requirements of the Rehabilitation Act of 1973,as amended;or (2)Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State,or local health,law enforcement or other appropriate agency. (g)Making a good effort to continue to maintain a drug free workplace through implementation of paragraphs (a),(b),(c),(d),(e),and (f). (B)The grantee may insert in the space provided below the site(s)for the performance of work done in connection with the specific grant: Place of Performance of6R 1fl//flh1 11.)2 A1A t Application Street City State ZIP 500 Broadway Eagle CO 81631-0850 Section 17.630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal year.A copy of wI-ch should be included with each application for FEMA funding.States and State agencies may elect to use a Statewide certification. I,Greg Schroeder,hereby sign this form as of 07-20-2010. 68 10/3/2011 1121AM Exhibit C -Paae 95 of 109runtApplicationhttps://eservices.fema.gov/FEMAMitigation/Print.do APPLICATION FOR 2.DATE SUBMflTED Applicantldentifier FEDERAL ASSISTANCE 07-20-2010 (SF 424) 1 .TYPE OF SUBMISSION 3.DATE RECEIVED BYSTATE State Application Identifier Construction 07-20-2010 4.DATE RECEIVED BY FEDERAL AGENCY Federal Identifier 5APPLICANT INFORMATION Legal Name Organizational Unit Eagle County Government Eagle County Government Address Name and telephone number of the person to be contacted on matters P0 Box 850,invoMng this apptcation Eagle,CO 81631-0850 Greg Schroeder,970-328-3560 3567 6.EMPLOYER IOENTIFICATION 6.a.DUNS NUMBER 7.TYPE OF APPLICANT NUMBER (EN)084024447 Local Government 84-6000762 8.TYPE OFAPPLICATJON 9.NAME OF FEDERAL AGENCY Project Application Federal Emergency ManagementAgency 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11.DESCRIPTIVE TITLE OF APPLICANTS PROJECT NUMBER 97.029 FMA Stone Creek Floodplain,Eagle County,CO CFDATIrLE FMA 12.AREAS AFFECTED BYPROJECT (cities,counties,states,etc.) EAGLE COUNTY 13.PROPOSED PROJECT:14.CONGRESSIONAL DISTRICTS OF: Start Date:a.Applicant CO2 End Date:b.Project CO2 15.ESTIMATED FUNDING 16.15 APPLICATION SUBJECTTO REVIEW BY STATE EXECUTiVE ORDER 12372 PROCESS? a.Federal $180,000.00 No,Program is not covered byE.O.12372 b.Applicant $0.00 c.State $0.00 d.Local $60,000.00 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? No e.Other $0.00 f.Program Income $0.00 g.TOTAL $240,000.00 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF,ALL DATA N THIS APPLICATION ARE TRUE AND CORRECT,THE DOCUMENT HAS BEEN DULYAUTHORIZED BY GOVERNING BODY OF THE APPLICANTAND THE APPLICANT WILL COMPLYWfH THE ATtACHED ASSURANCES F THE ASSISTANCE IS AWARDED. a.Name of Authorized Representative b.Title c.Telephone Number Greg Schroeder 9703283567 d.Signature of Authonzed Representative e.Date Signed Greg Schroeder 07-20-2010 (ffR 1R//’11 ii.’’* Exhibit C -Pane 96 of 109Applicationhttp;//eservlces.Iema.gowfbIvlAMlflgation/rrtnt.do Comments for FEMA FMA 2010 application for Stone Creek 1fl/V)flhl 11•A14 Exhibit C -Page 97 of 109 Exhibit D State of Colorado Supplemental Provisions for Federally Funded Contracts,Grants,and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA),As Amended As of 10-15-10 The contract,grant,or purchase order to which these Supplemental Provisions are attached has been funded,in whole or in part,with an Award of Federal funds.ln the event of a conflict between the provisions of these Supplemental Provisions,the Special Provisions,the contract or any attachments or exhibits incorporated into and made a part of the contract,the provisions of these Supplemental Provisions shall control. 1.Definitions.For the purposes of these Supplemental Provisions,the following terms shall have the meanings ascribed to them below. 1.7.“Award”means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1.Grants; 1.1.2.Contracts; 1.1.3.Cooperative agreements,which do not include cooperative research and development agreements (CRDA)pursuant to the Federal Technology Transfer Act of 1986,as amended (15 U.S.C.3710); 1.1.4.Loans; 7.1.5.Loan Guarantees; 1.1.6.Subsidies; 1.1.7.Insurance; 1.7.8.Food commodities; 1.1.9.Direct appropriations; 1.1.10.Assessed and voluntary contributions;and 1.1.11.Other financial assistance transactions that authorize the expenditure of Federal funds by non-Federal Entities. Award does not include: 7.7.12.Technical assistance,which provides services in lieu of money; 1.1.13.A transfer of title to Federally-owned property provided in lieu of money;even it the award is called a grant; 1.7.14.Any award classified for security purposes;or 1.1.15.Any award funded in whole or in part with Recovery funds,as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA)of 2009 (Public Law 111-5). 1.2.“Central Contractor Registration (CCR)”means the Federal repository into which an Entity must enter the information required under the Transparency Act,which may be found at http://www.bn.pov/ccr. 1.3.“Contract”means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above. 1.4.“Contractor”means the party or parties to a Contract funded,in whole or in part,with Federal financial assistance,other than the Prime Recipient,and includes grantees,subgrantees, Subrecipients,and borrowers.For purposes of Transparency Act reporting,Contractor does not include Vendors. 1.5.“Data Universal Numbering System (DUNS)Number”means the nine-digit number established andassigned by Dun and Bradstreet,lnc.to uniquely idenfy a business entity. Page 1 of4 Exhibit C -Page 98 of 109 Dun and Bradstreet’s website may be found at:http://fedQov.dnb.com/webform. 1.6.“Entity”means all of the following as defined at 2 CFR part 25,subpart C; 1.6.1.A governmental organization,which is a State,local government,or Indian Tribe; 1.6.2.A foreign public entity; 1.6.3.A domestic or foreign non-profit organization; 1.6.4.A domestic or foreign for-profit organization;and 1.6.5.A Federal agency,but only a Subrecipient under an Award or Subaward to a non- Federal entity. 1.7.“Executive”means an officer,managing partner or any other employee in a management position. 1.8.“Federal Award Identification Number (FAIN)”means an Award number assigned by a Federal agency to a Prime Recipient. 1.9.“FFATA”means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282),as amended by §6202 of Public Law 110-252.FFATA,as amended,also is referred to as the ‘Transparency Act. 1.10.“Prime Recipient”means a Colorado State agency or institution of higher education that receives an Award. 1.11.“Subaward”means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient,in exchange for the Subrecipient’s support in the performance of all or any portion of the substantive project or program for which the Award was granted. 1.12.“Subrecipient”means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity)receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded.A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient,including program compliance requirements.The term “Subrecipient”includes and may be referred to as Subgrantee. 1.13.“Subrecipient Parent DUNS Number”means the subrecipient parent organization’s 9-digit Data Universal Numbering System (DUNS)number that appears in the subrecipient’s Central Contractor Registration (CCR)profile,if applicable. 1.14.“Supplemental Provisions”means these Supplemental Provisions for Federally Funded Contracts,Grants,and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006,As Amended,as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education. 1.15.“Total Compensation”means the cash and noncash dollar value earned by an Executive during the Prime Recipient’s or Subrecipient’s preceding fiscal year and includes the following: 1.15.1.Salary and bonus; 1.15.2.Awards of stock,stock options,and stock appreciation rights,using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2005)(FAS 123R),Shared Based Payments; 1.15.3.Earnings for services under non-equity incentive plans,not including group life, health,hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees; 1.15.4.Change in present value of defined benefit and actuarial pension plans; 1.15.5.Above-market earnings on deferred compensation which is not tax-qualified; 1.15.6.Other compensation,if the aggregate value of all such other compensation (e.g. severance,termination payments,value of life insurance paid on behalf of the employee,perquisites or property)for the Executive exceeds $10,000. 1.16.“Transparency Act”means the Federal Funding Accountability and Transparency Act of 2006 Page2of4 Exhibit C -Page 99 of 109 (Public Law 109-282),as amended by §6202 of Public Law 110-252.The Transparency Act also is referred to as FFATA. 1.17 “Vendor”means a dealer,distributor,merchant or other seller providing property or services required for a project or program funded by an Award.A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award.Program compliance requirements do not pass through to a Vendor. 2.Compliance.Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto,including but not limited to these Supplemental Provisions.Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions,without the necessity of either party executing any further instrument.The State of Colorado may provide written notification to Contractor of such revisions,but such notice shall not be a condition precedent to the effectiveness of such revisions. 3.Central Contractor Registration (CCR)and Data Universal Numbering System (DUNS) Requirements. 3.1.CCR.Contractor shall maintain the currency of its information in the CCR until the Contractor submits the final financial report required under the Award or receives final payment,whichever is later.Contractor shall review and update the CCR information at least annually after the initial registration,and mote frequently if required by changes in its information. 3.2.DUNS.Contractor shall provide its DUNS number to its Prime Recipient,and shall update Contractor’s information in Dun &Bradstreet,Inc.at least annually after the initial registration, and more frequently if required by changes in Contractor’s information. 4.Total Compensation.Contractor shall include Total Compensation in CCR for each of its five most highly compensated Executives for the preceding fiscal year if: 4.1.The total Federal funding authorized to date under the Award is $25,000 or more;and 4.2.In the preceding fiscal year,Contractor received: 4.2.1.80%or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act;and 4.2.2.$25,000,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act;and 4.3.The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C.78m(a),780(d)or §6104 of the Internal Revenue Code of 1986. 5.Reporting.Contractor shall report data elements to CCR and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act.No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price.The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (0MB),and as such are subject to change at any time by 0MB.Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor’s obligations under this Contract,as provided in §2 above.The Colorado Office of the State Controller will provide summaries of revised 0MB reporting requirements at http://www.colorado.pov/dpa/df/sco/FFATA.htm. 6.Effective Date and Dollar Threshold for Reporting.The effective date of these supplemental provisions apply to new Awards as of October 1,2010.Reporting requirements in §7 below apply to new Awards as of October 1,2010,if the initial award is $25,000 or more.If the initial Award is below $25,000 but subsequent AWard modifications result in a total Award of $25,000 or more,the Award is Page 3 of4 Exhibit C -Page 100 of 109 subject to the reporting requirements as of the date the Award exceeds $25,000.If the initial Award is $25,000 or more,but funding is subsequently de-obligated such that the total award amount falls below $25,000,the Award shall continue to be subject to the reporting requirements. 7.Subrecipient Reporting Requirements.If Contractor is a Subrecipient,Contractor shall report as set forth below. 7.1 To CCR.A Subrecipient shall register in CCR and report the following data elements in CCR for each Federal Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number; 7.1.2 Subrecipient DUNS Number +4 if more than one electronic funds transfer (EFT) account; 7.1.3 Subrecipient Parent DUNS Number; 7.1.4 Subrecipient’s address,including:Street Address,City,State,Country,Zip +4,and Congressional District; 7.1.5 Subrecipient’s top 5 most highly compensated Executives if the criteria in §4 above are met;and 7.1.6 Subrecipient’s Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient.A Subrecipient shall report to its Prime Recipient,upon the effective date of the Contract,the following data elements: 7.2.1 Subrecipient’s DUNS Number as registered in CCR. 7.2.2 Primary Place of Performance Information,including:Street Address,City,State, Country,Zip code +4,and Congressional District. 8.Exemptions. 8.1.These Supplemental Provisions do not apply to an individual who receives an Award as a natural person,unrelated to any business or non-profit organization he or she may own or operate in his or her name. 8.2 A Contractor with gross income from all sources of less than $300,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives. 8.3 Effective October 1,2010,“Award’currently means a grant,cooperative agreement,or other arrangement as defined in Section 1.1 of these Special Provisions.On future dates Award” may include other items to be specified by 0MB in policy memoranda available at the 0MB Web site;Award also will include other types of Awards subject to the Transparency Act. 8.4 There are no Transparency Act reporting requirements for Vendors. 9.Event of Default.Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period.This remedy will be in addition to any other remedy available to the State of Colorado under the Contract,at law or in equity. Page4of4 Exhibit C -Page 101 of 109 EXifiBIT E FINDING OF NO SIGNIFICANT IMPACT (FONSI)AND ENVIRONMENTAL CLOSEOUT PROCEDURES Exhibit C -Page 102 of 109 U.S.Dcpa hmcnt nfl lonclantl Security Region VU! Denver Federal Center.!3tiiidin 710 P.O.BoX 25267 Denver.CO 80225-0267 DS FEMA EHP-R$ September 23,2011 Marilyn Gaily Chief of Mitigation and Recovery Operations Colorado Department of Local Affairs Division of Emergency Management 9195 E.Mineral Avenue,Suite 200 Centennial,CO 80112 Re:National Environmental Policy Act Compliance,fMA-PJ-08-CO-20 10-001 Dear Ms.Gaily: Enclosed is a copy of the final Finding of No Significant Impact (FONSI)based on the Environmental Assessment (EA)prepared for the Stone Creek Flood Mitigation, Eagle County,Colorado.Because no substantive comments were received during the public comment period,the draft EA is now final. Please ensure that the subgrantee is aware that compliance with all conditions of the EA and FONSI is required.Failure to comply with these conditions could delay or jeopardize federal funding and the success of the project. Any changes to the design or construction of the proposed action as described in the EA and/or the FONSI,must be reported immediately to FEMA.If changes are made, additional environmental review will be required.After the project is completed, please sign the Environmental Closeout Declaration form,document how you met the stipulations of the EA and FONSI documents,attach copies of all required permits, and forward with your grant closeout documentation. If you have any questions concerning the environmental documents or these procedures,please do not hesitate to call me at 303-235-4926. Sincerely, Richard Myerj Deputy Regj’fial Environmental Officer Enclosure Exhibit C -Page 103 of 109 FEDERAL EMERGENCY MANAGEMENT AGENCY FINDING OF NO SIGNIFICANT IMPACT Stone Creek Floodplain Mitigation Project (FMA-PJ-O8-CO-2010-001) Eagle County,Colorado September 23,2011 BACKGROUND Eagle County has requested federal Emergency Management Agency (FEMA)Pre-Disaster Mitigation Program funding to reduce future flood hazards within the Stone Creek subdivision of the community of Eagle-Vail (39.6191,-106.4886).Currently,twelve (12)residential structures are located within the floodplain.Flooding in Eagle-Vail would likely be rapid due to rainfall on top of snowmelt events in the steep mountain drainage basin.Therefore,it is expected that there would not be sufficient time to respond during a flood to prevent flood damages. In accordance with the National Environmental Policy Act (NEPA)of 1969,National Historic Preservation Act (N}IPA),Executive Order (EO)1198$,EO 11990,and the implementing regulations of FEMA,an Environmental Assessment (EA)was prepared to assess the potential impacts on the human and natural environment,and is incorporated by reference. Two Action Alternatives were evaluated in the attached EA.Alternative 2 would provide flood protection to properties along the segment of Stone Creek and the Stone Creek Bypass Channel by enlarging the existing bypass channel and upgrading existing culverts,diversion structure,and spillway.Alternative 3 would provide flood protection to properties located along Stone Creek by upgrading culverts and spillway on Stone Creek and upgrading culverts on Golf Club Creek. Both Alternative 2 and Alternative 3 have been designed to convey flows associated with the 100-year flood event.Both Action Alternatives are described in detail in the EA,which was available for public review and comment from August 25,2011 until September 16,2011. MITIGATION AND STIPULATIONS The resulting mitigation and stipulations upon which this finding is conditioned are: 1.Excavation and vegetation removal activities would be completed in accordance with Best Management Practices (BMPs)to reduce impacts to soils and water resources.A Grading Permit and a Permit to Construct in a Public Way from Eagle County would be required. 2.Any excess excavated soil would be stockpiled at the existing golf course soil stockpile area. 3.If any off-site fill material is required,it would be obtained from an approved borrow area. 4.Upon completion of construction,the disturbed areas would be revegetated. 5.Fueling of equipment would be at least 50 feet from the stream. 6.The project sponsor would need to obtain a floodplain Development Permit from the Eagle County Floodplain Administrator.A Letter of Map Revision would be submitted post project. 7.Residents would be notified of any road closures. 8.Dust abatement procedures would be implemented if fugitive dust becomes an issue for local residents. Stone Creek FONSI 1 September 23,2011 Exhibit C -Page 104 of 109 9.If the final design indicates that more than 1 acre would be disturbed,Eagle County would need to obtain a NPDE$permit from the Colorado Department of Public Health and Environment (CDPHE)Water Quality Control Division.As part of the permitting process, Eagle County would also need to prepare a Storm Water Pollution Prevention Plan (SWPPP) describing BMPs that would be used to prevent and/or minimize soil erosion and the movement of sediment during the construction of the project features. 10.Prior to construction,the project sponsor would obtain an appropriate Section 404 permit based on coordination with the U.S.Army Corps of Engineers and confirm adherence to all mitigation requirements as outlined in the Section 404 permit.This permitting process would also include obtaining a Clean Water Act Section 401 Water Quality Certification from the CDPHE. 11.The project sponsor would coordinate with the Utility Notification Center of Colorado regarding the location of utilities within the project area. 12.To assure noise levels remain at acceptable levels,all equipment would be equipped with proper mufflers,construction activities would be limited to daylight hours. 13.If cultural resources are encountered during project activities,work would be stopped until appropriate coordination has been completed with the Colorado State Historic Preservation Office. FINDiNGS Based upon the information contained in the attached Final EA completed in accordance with the National Environmental Policy Act,FEMA’s regulations (44 CFR Part 10)for environmental considerations,and Executive Orders (EO)addressing Floodplains (EO 11988),Wetlands (EO 11990),and Environmental Justice (EO 12898),it is found that both Action Alternatives,with the prescribed mitigation measures and stipulations,would have no significant adverse impact on the human environment.As a result of this Finding of No Significant Impact (FONS1),an Environmental Impact Statement will not be prepared,and Alternative 2 or Alternative 3 may proceed,with the associated mitigation measures and stipulations identified above and described in the attached EA. APPROVAL A Steven Hardegen Date FEMA Region vm Environmental Officer Stone Creek FONSI 2 September 23,2011 Exhibit C -Page 105 of 109 ENVIRONMENTAL CLOSEOUT PROCEDURES Because the environmental laws fall within FEMA’s area of responsibility,verification that the requirements of the environmental documents were met must be provided at the time of grant closeout.The applicant or applicant’s agent must certify the conditions stated in the Catex or fonsi document were met,attach all copies of permits and other required documentation,and submit to FEMA with the closeout packet. Examples of conditions of environmental documents (not all inclusive): 1.Stonnwater permits (EPA’s NPDES;Section 401 of the Clean Water Act) 2.Dike pennit 3.Army Corps of Engineers Section 10 or 404 permits 4.Floodplain development permit 5.Local permits for debris removal;abandonment of private wells,asbestos,etc. 6.Documentation that agency recommendations such as Best Management Practices (mitigation)were followed 7.Documentation that applicant received coordinated approvals from agencies on fmal design or plan where requested This process begins at the time of grant award by the State.The applicant will have already received a copy of the environmental documentation from FEMA staff outlining the conditions to be met.The State should further emphasize the applicant’s responsibilities.The quarterly 404 Report must reflect the progress being made on environmental conditions. The applicant must sign FEMA’s Environmental Closeout Declaration and attach a statement or explanation of what action was taken to address each condition or explain why an action was not required.Copies of all permits must be attached. Funding will be jeopardized if environmental conditions are not followed and required permits are not obtained. Exhibit C -Page 106 of 109 ENVIRONMENTAL CLOSEOUT DECLARATION: This form must be signed after project completion and submitted as part of the grant closeout documentation. I attest that all conditions listed in the approved project’s environmental document were followed and the appropriate permits and documentation are attached.I further attest that none of the issues listed under Project Conditions and Assurances in the project application were encountered,which would have required further environmental coordination with FEMA. Name of Applicant or Applicant’s Agent (Print)Title Signature of Applicant or Applicant’s Agent Date Project Title 1 Exhibit C -Page 107 of 109 form 1 GRANT FUNDING CHANGE LETTER,Number Tothe AGREEMENT Between the STATE OF COLORADO DEPARTMENT Of LOCAL AFFAIRS And Summary This Amendment Amount _____ Form of Financial Assistance:Grant Loan Tot Award Amount: Agreement Identification: Contract Encumbrance #: _____ (DOLA sprimary identflcation #for this agreement) Contract Management System #: _____ (State of Colorado prirnary identflcation #for this Grant Onginal Agreement’s CMS # _____ funding Change Letter and #for the original agreement) Project Information: Project/Award Number: _____ Project Name: _____ Performance Period:Start Date: _____ End Date: _____ Brief Description of Change(s)in _____ this Grant Funding Change Letter: Program &Funding Information: Program Name _____ Catalog of Federal Domestic Assistance (CFDA)Number (if federal funds): Funding Account Codes: ______________________________ Page Fl-I of 3 —Grant Funding Change Letter Exhibit C -Page 108 of 109 Date: In accordance with §21(J)(ili)of the Original Agreement (hereinafter called “Grant”),as identified on page 1 of this Grant Funding Change Letter,between the State of Colorado,Department of Local Affairs,and _____, the undersigned commits the following change(s)to the Grant: 1.Maximum Funding.The amount of funds available and specified in §7(A)of the Grant is fl increased fl decreased by _____ to a new total funds available of_____for the following reason: _____ 2.Project Budget.The Project Budget table specified in Exhibit B,§4.2 of the Grant is changed to: 3.Payment Schedule.The Payment Schedule table specified in Exhibit B,§5.1 of the Grant is changed to: 4.Code of Federal Domestic Assistance (“CFDA”).The CfDA number(s)for the Grant is changed to:If more than one CFDA #,list each and the funded amount.Otherwise specif’the new CFDA #only. 5.Representative.The representative for the State specified in §16 of the Grant is changed to:insert Name and title of Persons for Department,address,city,state,zip code,and email. 6.Responsible Administrator.The Responsible Administrator specified in Exhibit B,§3.2 of the Grant is changed to insert name of new Responsible Administrator. 7.Other Key Personnel.The Other Key Personnel specified in Exhibit B,§3.3 of the Grant is changed to insert name of new Other Key Personnel. 8.Initial Term Extension.The Termination Date specified in §5(A)of the Grant is extended to _____ 9.Two Month Extension.The Termination Date specified in §5(A)of the Grant is extended to new end date, which can be up to two months from current termination date in accordance with §5(B)of the Grant.The extension shall immediately terminate when and if a replacement Grant is approved and signed by the Colorado State Controller. 10.Termination for Cause and/or Breach.The Grant is terminated for cause and/or default,effective insert termination date,in accordance with §15(A)of the Grant.Describe cause and/or default resulting in the termination,and if partial termination,describe the aspects being terminated. 11.Early Termination in the Public Interest.The Grant is terminated in the public interest,effective insert termination date,in accordance with §15(B)of the Grant.Specify reason(s)if any for the termination. The above Section(s)are hereby modified accordingly. The effective date of hereof is upon approval of the State Controller. THE REST Of THIS PAGE iNTENTIONALLY LEFT BLANK Page F 1-2 of 3 —Grant funding Change Letter Exhibit C -Page 10901109 SIGNATURE STATE OF COLORADO John W.ilickenlooper,GOVERNOR DEPARTMENT OF LOCAL AFFAIRS PRE-APPROVED FORM CONTRACT REVIEWER By:Sample Only By:Sample Only Reeves Brown William F.Archambault,Jr. Executive Director Finance and Administration Chief Date: ______________________________________ Date: ______________________________________ ALL GRANTS REOUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30 202 requires the State Controller to approve all State Grants This Grant is not valid until signed and dated below by the State Controller or delegate Grantee is not authorized to begtn performance until such time If Grantee begins performing prior thereto the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J.McDermott,CPA By Sample Only Barbara M Casey Controller Delegate Date:_______________________ Page Fl-3 of 3 —Grant funding Change Letter Exhibit D -Page 1 of 36 EXHIBIT “D” GENERAL CONDITIONS TO CONSTRUCTION AGREEMENT FOR STONE CREEK FLOOD HAZARD MITIGATION PROJECT ARTICLE 1-DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents,the following terms have the meanings indicated which are applicable to both the singular and plural thereof: ADDENDA:Written or graphic instruments issued prior to the opening of bids which clarify, correct,or change the bidding documents or the Contract Documents. AGREEMENT:The written agreement between OWNER and CONTRACTOR covering the Work to be performed;other Contract Documents are attached to the Agreement and made a part thereof as provided therein. APPLICATION FOR PAYMENT:The form accepted by ENGINEER which is to be used by CONTRACTOR in requesting progress or final payment,and which is to include such supporting documentation as is required by the Contract Documents. BID:The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. BONDS:Bid,performance,and payment bonds,and other instruments of security. CHANGE ORDER:A written order to CONTRACTOR signed by OWNER authorizing an addition,deletion,or revision in the Work,or an adjustment in the Contract Price or the Contract Time issued afier the effective date of the Agreement. CONTRACT DOCUMENTS:Those documents set forth in Article 7 of the Agreement. CONTRACT PRICE:The monies payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. CONTRACT TIME:The number of days computed as provided in these General Conditions,or the date stated in the Agreement for the completion of the Work. CONTRACTOR:The person,firm,or corporation with whom OWNER has entered into the Agreement. DAY:A calendar day of twenty-four hours measured from midnight to the next midnight. DEFECTIVE:An adjective which,when modifying the word “Work,”refers to Work that is unsatisfactory,faulty or deficient,or does not meet the requirements of any inspection,test,or approval referred to in the Contract Documents,or has been damaged prior to ENGINEER’S recommendation of final payment or prior to the conclusion of the guarantee period under paragraph 13.12 or prior to the expiration of any applicable statute of limitations. Exhibit D -Page 2 of 36 DRAWINGS:Graphic and pictoral portions of the Contract Documents which show the character and scope of the Work to be performed including design,location and dimension of the Work including plans,elevations,sections,details,schedules and diagrams,and which have been prepared or approved by ENGINEER,and are referred to in the Contract Documents. EFFECTIVE DATE OF THE AGREEMENT:The date indicated in the Agreement on which it becomes effective,but,if no such date is indicated,it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER:The person,firm or corporation to be identified by OWNER.The ENGINEER may be a department employee of OWNER who may perform all or some of the duties of ENGINEER,but in such case shall exercise his duties in conformance with the standards applicable to independent professional engineers. FIELD ORDER:A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 10.2,but which does not involve a change in the Contract Price or the Contract Time. MODIFICATION:(a)A written amendment of the Contract Documents signed by both parties, or (b)a change order.The Contract Documents may only be amended by a modification.A modification may only be issued afier the effective date of the Agreement.The Contract Documents only create a contractual relationship between Owner and Contractor. NOTICE OF AWARD:The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein,within the time specified,OWNER will sign and deliver the Agreement. NOTICE TO PROCEED:A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER)fixing the date on which the Contract Time will commence to run,and on which CONTRACTOR shall start to perform his obligations under the Contract Documents. OWNER:The public body or authority,corporation,association,partnership,or individual with whom CONTRACTOR has entered into the Agreement,and for whom the Work is to be provided. PROJECT:The Stone Creek flood Hazard Mitigation Project as more fully set forth in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE:The authorized representative of ENGINEER as approved by OWNER who is assigned to the site or any part thereof. SHOP DRAWINGS:All drawings,diagrams,illustrations,schedules,and other data which are specifically prepared by CONTRACTOR,a subcontractor,manufacturer,fabricator,supplier,or distributor to illustrate some portion of the Work,and all illustrations,brochures,standard schedules,performance charts,instructions,diagrams,and other information prepared by a manufacturer,fabricator,supplier,or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. 2 Exhibit D -Page 3 of 36 SPECIFICATIONS:Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems,standards,and workmanship as applied to the Work and certain administrative details applicable thereto. SUBSTANTIAL COMPLETION:The Work (or a specified part thereof)has progressed to the point where,in the opinion of OWNER and ENGNEER as evidenced by his definitive certificate of substantial completion,it is sufficiently complete,in accordance with the Contract Documents, so that the Work (or specified part)can be utilized for the purposes for which it was intended;or if there be no such certificate issued,when final payment is due in accordance with paragraph 14.13. The terms “substantially complete”and “substantially completed”as applied to any Work refer to substantial completion thereof WORK:The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents.Work is the result of performing services, furnishing and incorporating materials and equipment into all construction,all as required by the Contract Documents or as may be reasonably inferable therefrom and includes all labor,materials, equipment and services provided or to be provided by CONTRACTOR or to fulfill CONTRACTOR’S obligations. ARTICLE 2-PRELIMINARY MATTERS DELIVERY OF BONDS: 2.1 When CONTRACTOR delivers the executed Agreements to OWNER,CONTRACTOR shall also deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. COPIES OF DOCUMENTS: 2.2 OWNER shall furnish to CONTRACTOR up to five (5)copies (unless otherwise specified herein) of the Contract Documents as are reasonably necessary for the execution of the Work.Additional copies will be furnished,upon request,at the cost of reproduction. COMMENCEMENT OF CONTRACT TIME;NOTICE TO PROCEED: 2.3 The Contract Time will commence upon issuance of a Notice to Proceed.A Notice to Proceed may be given at any time within ninety days after the effective date of the Agreement. STARTING THE PROJECT: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run,but no Work shall be done at the site prior to the date on which the Contract Time commences to run. BEFORE STARTING CONSTRUCTION: 2.5 Before undertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.CONTRACTOR shall promptly report in writing to ENGINEER and OWNER 3 Exhibit D -Page 4 of 36 any conflict,error,or discrepancy which CONTRACTOR may discover;however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error,or discrepancy in the Drawings or Specifications,unless CONTRACTOR had actual knowledge thereof,or should reasonably have known thereof. 2.6 Within ten days after the effective date of the Agreement (unless otherwise specified in the Contract Documents)CONTRACTOR shall submit to ENGINEER and OWNER for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the Work,a preliminary schedule of shop drawings submissions,and a preliminary schedule of values of the Work.Contractor acknowledges that all Work shall be completed within the Contract Time. Further,at least ten days prior to submitting the first application for a progress payment, CONTRACTOR shall submit to ENGINEER and OWNER a progress schedule,a final schedule of shop drawing submissions,and,where applicable,a schedule of values of the Work.These schedules shall be satisfactory in form and substance to ENGINEER and OWNER.The schedule of values shall include quantities and unit prices aggregating the Contract Price,and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction.Upon acceptance of the schedule of values by ENGINEER and OWNER,it shall be incorporated into a form of application for payment acceptable to ENGINEER and OWNER. 2.7 Before any Work at the site is started,CONTRACTOR shall deliver to OWNER,with a copy to ENGINEER,certificates of insurance (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Article 5 hereof. PRE-CONSTRUCTION CONFERENCE: 2.8 Within twenty days after the effective date of the Agreement,but before CONTRACTOR starts the Work at the site,a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6,to establish procedures for handling shop drawings and other submittals,and for processing applications for payment,and to establish a working understanding among the parties as to the Work. ARTICLE 3-CONTRACT DOCUMENTS:INTENT AND REUSE INTENT: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work.They may be altered only by a Modification. 3.2 The Contract Documents are complementary;what is called for by one is as binding as if called for by all.If during the performance of the Work,CONTRACTOR finds a conflict,error,or discrepancy in the Contract Documents,he shall report it to ENGINEER and OWNER in writing at once and before proceeding with the Work affected thereby;however,CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflicts,error,or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof,or should reasonably have known thereof. 4 Exhibit D -Page 5 of 36 3.3 The Contract Documents include those documents set forth in Article 7 of the Agreement. 3.4 It is the intent of the Specifications and Drawings to describe a complete Project (or part thereof) to be constructed in accordance with the Contract Documents.Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for.When words which have a well-known technical or trade meaning are used to describe work,materials,or equipment,such words shall be interpreted in accordance with such meaning.References to codes of any technical society, organization,or association,or to the code of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard specification,manual,or code in effect at the time of opening of bids (or on the effective date of the agreement if there were no bids), except as may be otherwise specifically stated.However,no provision of any referenced standard specification,manual,or code (whether or not specifically incorporated by reference in the Contract Documents)shall change the duties and responsibilities of OWNER,CONTRACTOR,or ENGINEER,or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided for in paragraph 9.3. 3.5 The Contract Documents will be governed by the law of the place of the Project. REUSE Of DOCUMENTS: 3.6 Neither CONTRACTOR nor any Subcontractor,manufacturer,fabricator,supplier,or distributor shall have or acquire any title to or ownership rights in any of the drawings,specifications,or other documents (or copies of any thereof)prepared by or bearing the seal of ENGINEER;and they shall not reuse any of them on extensions of the Project,or any other project,without written consent of OWNER and ENGINEER,and specific written verification or adaptation by ENGINEER. ARTICLE 4-AVAILABILITY Of LANDS;PHYSICAL CONDITIONS;REFERENCE POINTS AVAILABILITY OF LANDS: 4.1 CONTRACTOR acknowledges that the Work is to occur on lands owned by third parties. OWNER shall furnish,as indicated in the Contract Documents,the lands upon which the Work is to be performed,rights-of-way for access thereto,and such other lands which are designated for the use of CONTRACTOR.Easements for permanent structures,or permanent changes in existing facilities,will be obtained and paid for by OWNER,unless otherwise provided in the Contract Documents.If CONTRACTOR believes that any delay in OWNER’S furnishing these lands or easements entitles him to an extension of the Contract Time,CONTRACTOR may make a claim therefore as provided in Article 12.CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. PHYSICAL CONDITIONS -INVESTIGATIONS AND REPORTS: 4.2 Reference is made to the supplementary conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise 5 Exhibit D -Page 6 of 36 affecting cost,progress,or performance of the Work which have been relied upon by ENGINEER in the preparation of the Drawings and Specifications.Such reports are not part of the Contract Documents. UNFORESEEN PHYSICAL CONDITIONS: 4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents.ENGINEER will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary.Promptly thereafter,OWNER may obtain the necessary additional investigations and tests,and furnish copies to ENGINEER and CONTRACTOR.If ENGINEER and OWNER find that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents,and which could not reasonably have been anticipated by CONTRACTOR,a change order,which shall require the written approval of OWNER to be binding,may be issued incorporating the necessary revisions as mutually agreed upon by the parties. REFERENCE POINTS: 4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified herein), shall protect and preserve the established reference points,and shall make no changes or relocations without the prior written approval of OWNER.CONTRACTOR shall report to ENGINEER and OWNER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for replacement or relocation of such reference points by professional qualified personnel. ARTICLE 5-BONDS AND INSURANCE PERFORMANCE AND OTHER BONDS: 5.1 CONTRACTOR shall furnish performance and payment bonds,each in an amount at least equal to 100%of the Contract Price as security for the faithful perfonnance and payment of all CONTRACTOR’S obligations under the Contract Documents.These bonds shall remain in effect until two years after the date of final payment,except as otherwise provided by law. CONTRACTOR shall also furnish other bonds as are required by the Contract Documents.All bonds shall be in the forms prescribed by the Contract Documents,and be executed by such sureties as (a)are licensed to conduct business in the state where the project is located,and (b)are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on federal Bonds and as Acceptable Reinsuring Companies”as published in Circular 570 (amended)by the Audit Staff Bureau of Accounts,U.S.Treasury Department.All bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt,or becomes insolvent,or its right to do business is terminated in any state where any part of the project is located,or it ceases to meet the requirements of clauses (a)and (b)of paragraph 5.1, 6 Exhibit D -Page 7 of 36 CONTRACTOR shall within five days thereafter substitute another bond and surety,both of which shall be acceptable to OWNER. INSURANCE: 5.3 CONTRACTOR’S Liability Insurance:The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR’S operations under the Agreement,whether such operations be by himself,or by any Subcontractor,or by anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment,and at all times thereafter when CONTRACTOR may be correcting,removing,or replacing defective Work.In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment,and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. 5.3.1 Claims under Workmen’s Compensation,disability benefits,and other similar employee benefit acts; 5.3.2 Claims for damage because of bodily injury,occupational sickness or disease,or death of his employees,and claims insured by usual personal injury liability coverage; 5.3.3 Claims for damage because of bodily injury,sickness or disease,or death of any person other than his employees,and claims insured by usual personal injury liability coverage; 5.3.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Workmen’s Compensation insurance shall provide coverage as required by the laws of the State of Colorado. Insurance covering claims for damages to persons or property required by the preceding paragraph (except subparagraph 5.3.1)shall be in the following minimum amounts: Bodily Injury Liability: Each Person:$1,000,000 Each Accident or Occurrence:$2,000,000 Property Damage Liability: Each Accident or Occurrence:$1,000,000 Aggregate:$2,000,000 Products and completed operations aggregate $1,000,000 7 Exhibit D -Page 8 of 36 Employers Liability,including $500,000 Occupational Disease Any one fire $50,000 If any aggregate limit is reduced below $1,000,000 because of claims made or paid, CONTRACTOR shall immediately obtain additional insurance to restore the full aggregate limit and furnish to OWNER a certificate or other document satisfactory to OWNER showing compliance with this provision. Said insurance shall be furnished in types specified as follows: 5.3.5 CONTRACTOR’S Commercial General Liability Insurance written on ISO occurrence form CG 00 0110/93 or equivalent,issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work performed by them under the Agreement and covering premises operations,fire damage,independent contractors,products and completed operations,blanket Grantual liability,personal injury,and advertising liability. 5.3.6 CONTRACTOR’S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work under the Agreement performed for the CONTRACTOR by Subcontractors. 5.3.7 Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor arising between the date of final cessation of the Work,and the date of final acceptance thereof out of that part of the Work performed by each. 5.3.8 Comprehensive Automobile Insurance covering any auto (including owned,hired and non-owned autos)shall be carried with a minimum limit of $1,000,000 each accident combined single limit.All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.3.9 Employer’s Liability Insurance covering all of CONTRACTOR’s and any Subcontractor’s employees acting within the course and scope of their employment. 5.3.10 The CONTRACTOR shall in addition,and in the amounts required under the above,obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the OWNER with respect to all operations under the Agreement by the CONTRACTOR or his Subcontractors,including omissions and supervisory acts by the OWNER. 5.4 Intentionally Omitted. 5.5 Subcontractor’s Insurance:Before permitting any of his Subcontractors to perfonn any Work under this Agreement,CONTRACTOR shall either (a)require each of his Subcontractors to procure and maintain during the life of his Subcontracts insurance consistent with the 8 Exhibit D -Page 9 of 36 requirements of paragraph 5.3 above,or (b)insure the activities of his Subcontractors in his own policy. 5.6 Builder’s Risk Insurance:Insofar as the Work to be performed under this Agreement consists entirely of new construction removed and separated from any existing facility used by OWNER, CONTRACTOR shall procure and maintain,for the duration of the Work of this Project,Builder’s Risk Insurance,including the perils of fire,extended coverage (loss due to vehicles,explosion, wind,flood,riot,etc.),vandalism and malicious mischief,and special extended coverage (loss due to falling objects,collapse,water damage from faulty or leaking systems,etc.)in the full amount of the Contract Price plus the cost of authorized extras.Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this Agreement which is considered not to exceed one hundred percent (100%)of the amount of this Agreement and authorized extras. Such policy shall not insure any tools or equipment,or temporary structures erected at the site and belonging to any person or persons,or their Subcontractors who are obliged by contract with the OWNER to do Work on the Projects. Such insurance shall be placed jointly in the names of the OWNER,CONTRACTOR,and any and all Subcontractors,and any and all others obliged by contract with the OWNER to do Work on this Project and at the OWNERS option,any other person or persons whom the OWNER deems to have an insurable interest in said property,or any part thereof,payable as their several interests may appear. CONTRACTOR shall furnish OWNER with certification of said insurance prior to commencement of any Work.Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the OWNER as trustee.The OWNER shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. 5.7 Certificates of Insurance:Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the Work.These Certificates shall contain provisions naming the OWNER,any third-party property owner,and the State of Colorado as an additional insured under CONTRACTOR’S insurance,as more fully required by the General Conditions herein,and that coverage afforded under the policies will not be cancelled until at least forty-five (45)days prior written notice has been given the OWNER and the State of Colorado via certified mail.No later than fifteen (15)days prior to the expiration date of any such coverage, CONTRACTOR and any Subcontractor shall deliver to OWNER certificates of insurance evidencing renewals thereof In addition,upon request by the State of Colorado at any other time during the term of the Agreement,CONTRACTOR and any Subcontractor shall,within ten (10) days of such request,supply to the State of Colorado and Owner evidence satisfactory to the State of compliance with Section 5.3.CONTRACTOR and his Subcontractors shall not permit any of his Subcontractors to start Work until all required insurance has been obtained and certificates with the proper endorsements have been filed with the OWNER.failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the OWNER’S rights hereunder. 5.8 Owner’s Liability Insurance:The OWNER,at his option,may but shall not be required to, purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this Agreement.Purchasing and maintaining such insurance,however,will 9 Exhibit D -Page 10 of 36 not relieve the CONTRACTOR from purchasing and maintaining the insurance hereinbefore specified. 5.9 Loss of Use of Insurance:The OWNER,at his option,may but shall not be required to,purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards,however caused. 5.10 Coverage required of CONTRACTOR and any of its subcontractors shall be primary over any insurance or self-insurance program carried by OWNER,property owner,or the State of Colorado. 5.11 All insurance policies in any way related to this Agreement and secured and maintained by CONTRACTOR as required in this Section 5.3 shall include clauses stating that each carrier shall waive all rights of recovery,under subrogation or otherwise,against County,property owner or the State of Colorado,its agencies,institutions,organizations,officers,agents,employees and volunteers. 5.12 OWNER,property owner and the State of Colorado shall be named as additional insured on the Commercial General Liability,Automobile Liability Insurance and Completed Operations Liability Insurance policies. 5.13 Contractor shall insert a clause containing the terms of section 5.3 in all contracts or sub-contracts, and all Subcontractors shall purchase and maintain the insurance on the terms and conditions as set forth herein. ARTICLE 6-CONTRACTOR’S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently,devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents.CONTRACTOR shall be solely responsible for the means,methods,techniques,sequences,and procedures of construction,CONTRACTOR shall not be solely responsible for the negligence of others in the design or selection of a specific means, method,technique,sequence,or procedure of construction which is indicated in and required by the Contract Documents.CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent,who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances.The superintendent will be CONTRACTOR’S representative at the site and shall have authority to act on behalf of CONTRACTOR.All communications given to the superintendent shall be as binding as if given to CONTRACTOR. 6.2.1 CONTRACTOR shall maintain and deliver to OWNER a daily construction report of Work performed,notable events and incidents,weather conditions,Subcontractor’s performance,any deficiencies (and the corrective actions taken),delays,and other information that OWNER may reasonably request. 10 Exhibit D -Page 11 of 36 6.2.2 CONTRACTOR will participate in meetings with OWNER at a specific date,time and place established by OWNER,and to deliver all attending parties current reports on the following items:progress payment requests;requests for information -current log;change requests -current log;submittals -current log;change orders -current list;claims - pending claims,notices of claims and any plans to file claims,if applicable,project progress report,job problems and quality control review and other information OWNER may reasonably request. LABOR,MATERIALS AND EQUIPMENT: 6.3 CONTRACTOR shall provide competent,suitably qualified personnel to survey and lay out the Work,and perform construction as required by the Contract Documents.CONTRACTOR shall at all times maintain good discipline and order at the site.Except in connection with the safety or protection of persons,or the Work,or property at the site or adjacent thereto,and except as otherwise indicated in the supplementary conditions,if any,all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday,Sunday,or any legal holiday without OWNER’S written consent given after prior written notice to ENGiNEER. 6.4 Colorado labor shall be employed to perform the Work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the Project.“Colorado labor”means any person who is a resident of the State of Colorado,at the time of employment,without discrimination as to race,color,creed,sex,age,or religion except when sex or age is a bona fide occupational qualification. 6.5 CONTRACTOR shall furnish all materials,equipment,labor,transportation,construction equipment and machinery,tools,appliances,fuel,power,light,heat,telephone,water,and sanitary facilities,and all other facilities and incidentals necessary for the execution,testing,initial operation,and completion of Work. 6.6 All materials and equipment shall be of good quality and new,except as otherwise provided in the Contract Documents.If required by OWNER or ENGINEER,CONTRACTOR shall furnish satisfactory evidence (including reports of required test)as to the kind and quality of materials and equipment. 6.7 All materials and equipment shall be applied,installed,connected,erected,used,cleaned,and conditioned in accordance with the instructions of the applicable manufacturer,fabricator, supplier,or distributor,except as otherwise provided in the Contract Documents. 6.7.1 CONTRACTOR shall replace supervision personnel as-needed based upon OWNER’s assessment that the Project is not adequately staffed or the Work is not progressing adequately. 6.7.2 CONTRACTOR shall at all times maintain a full-time management and supervisory staff of competent persons at the Project site to coordinate and provide general direction of the Work and progress of subcontractors on the Project. 6.7.3 CONTRACTOR agrees that only competent and skilled workmen who satisfactorily perform their duties shall be employed on the Project and CONTRACTOR shall ensure 11 Exhibit D -Page 12 of 36 that there are an adequate and competent supply of skilled workmen and materials as necessary to carry out the Work on a continuous basis. EQUIVALENT MATERIALS AND EQUIPMENT: 6.8 Whenever materials or equipment are specified or described in the drawings or specifications by using the name of a proprietary item,or the name of a particular manufacturer,fabricator,supplier, or distributor,the naming of the item is intended to establish the type,function,and quality required.Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers,fabricators,suppliers,or distributors may be accepted by ENGINEER and OWNER if sufficient information is submitted by CONTRACTOR to ENGINEER and OWNER to determine that the material or equipment proposed is equivalent to that named.The procedure for review will be as set forth in paragraphs 6.8.1 and 6.8.2 below. 6.8.1 Requests for review of substitute items of material and equipment will not be accepted from anyone other than CONTRACTOR.If CONTRACTOR wishes to furnish or use a substitute item of material or equipment,CONTRACTOR shall make written application to ENGINEER for acceptance thereof,certifying that the proposed substitute will perform adequately the functions called for by the general design,be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified.The application will state whether or not acceptance of the substitute for use in the Work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject of payment of any license fee or royalty.All variations of the proposed substitute from that specified shall be identified in the application and available maintenance,repair and replacement service will be indicated.The application will also contain an itemized estimate of all costs or savings that will result directly or indirectly from acceptance of such substitute,including costs of redesign and claims of other contractors affected by the resulting change,all of which shall be considered in evaluating the proposed substitute.ENGINEER may require CONTRACTOR to furnish,at CONTRACTOR’S expense,additional data about the proposed substitute.ENGINEER afler conferring with OWNER,will be the sole judge of acceptability,and no substitute will be ordered or installed without ENGINEER’S prior written acceptance.OWNER may require CONTRACTOR to furnish,at CONTRACTOR’S expense,a special performance guarantee or other surety with respect to any substitute. 6.8.2 ENGINEER will record time required by ENGINEER and ENGINEER’S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the drawings or specifications occasioned thereby,whether or not ENGINEER accepts a proposed substitute.CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER’S consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: 6.9 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment),whether initially or as a substitute,against whom OWNER or ENGINEER may have reasonable objection.A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award,and not objected to in writing by OWNER or 12 Exhibit D -Page 13 of 36 ENGINEER prior to the Notice of Award,will be deemed acceptable to OWNER and ENGINEER.Acceptance of any Subcontractor,other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective work.If OWNER or ENGINEER,after due investigation,has reasonable objection to any Subcontractor,or other person or organization proposed by CONTRACTOR after the Notice of Award,CONTRACTOR shall submit an acceptable substitute,and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution,and an appropriate change order shall be issued.CONTRACTOR shall not be required to employ any Subcontractor,other person or organization against whom CONTRACTOR has reasonable objection. 6.10 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors,and of persons and organizations directly or indirectly employed by them,and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR.Nothing in the Contract Documents shall create a contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR,nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any Subcontractor,or other person or organization, except as may otherwise be required by law.OWNER or ENGINEER may furnish to any Subcontractor or other person or organization,to the extent practicable,evidence of amounts paid to CONTRACTOR on account of specific Work done. 6.11 The divisions and sections of the specifications and the identifications of any drawings shall not control CONTRACTOR in dividing the Work among Subcontractors,or delineating the Work to be performed by any specific trade. 6.12 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and ENGINEER.CONTRACTOR shall pay each Subcontractor a just share of any insurance monies received by CONTRACTOR on account of losses under policies issued pursuant to paragraph 5.6. PATENT FEES AND ROYALTIES: 6.13 CONTRACTOR shall pay all license fees and royalties,and assume all costs incident to the use in the performance of the Work,or the incorporation in the Work of any invention,design,process, product,or device which is the subject of patent rights or copyrights held by others.If a particular invention,design,process,product,or device is specified in the Contract Documents for use in the performance of the Work,and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed in the Contract Documents.CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims,damages,losses,and expenses (including attorney’s fees)arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work,or resulting from the incorporation in the Work of any invention, design,process,product,or device not specified in the Contract Documents,and shall defend all such claims in connection with any alleged infringement of such rights. 13 Exhibit D -Page 14 of 36 PERMITS: 6.14 Unless otherwise provided in the Contract Documents,CONTRACTOR shall obtain and pay for all construction permits and licenses.OWNER shall assist CONTRACTOR,when necessary,in obtaining such permits and licenses.CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work,which are applicable at the time of opening of bids.CONTRACTOR shall pay all charges of utility service companies for connections to the Work,and OWNER shall pay all charges of such companies for capital costs related thereto. LAWS AND REGULATIONS: 6.15 CONTRACTOR shall give all notices and comply with all laws,ordinances,rules,and regulations applicable to the Work.If CONTRACTOR observes that the Specifications or Drawings are at variance therewith,CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification.If CONTRACTOR performs any Work knowing,or having reason to know,that it is contrary to such laws,ordinances,rules,and regulations,and without such notice to ENGINEER and OWNER,CONTRACTOR shall bear all costs arising therefrom;however,it shall not be CONTRACTOR’S primary responsibility to make certain that the specifications and drawings are in accordance with such laws,ordinances,rules,and regulations. TAXES: 6.16 CONTRACTOR shall pay all sales,consumer,use,and other similar taxes required to be paid by him in accordance with the law of the place of the Project. USE OF PREMISES: 6.17 CONTRACTOR shall confine construction equipment,the storage of materials and equipment, and the operations of workmen to areas permitted by law,ordinances,permits,or the requirements of the Contract Documents,and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.18 During the progress of the Work,CONTRACTOR shall keep the premises free from accumulations of waste materials,rubbish,and other debris resulting from the Work.At the completion of the Work,CONTRACTOR shall remove all waste materials,rubbish,and debris from and about the premises as well as all tools,appliances,construction equipment,and machinery,and surplus materials,and shall leave the site clean and ready for occupancy by OWNER.CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. 6.19 CONTRACTOR shall not load,nor permit any part of any structure to be loaded,in any manner that will endanger the structure,nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.19.1 CONTRACTOR shall perform the Work so as not to interfere with or disrupt the business operations of any and all adjacent businesses and recreation areas. 14 Exhibit D -Page 15 of 36 6.19.2 CONTRACTOR shall protect and prevent damage or disturbance to any trees or other vegetation as set forth in the Contract Documents. 6.19.3 CONTRACTOR will locate all underground pipelines,conduits,ducts,cables,wires, manholes,vaults,tanks,tunnels,or other such facilities or attachinents,and any easements containing such facilities,including those that convey electricity,gasses,steam,liquid petroleum products,telephone or other communications,cable television,water, wastewater,storm water,other liquids or chemicals,or traffic or other control systems which shall collectively be known as the “Underground Facilities”prior to performing the Work.Unless it is otherwise expressly provided in the Contract Documents the OWNER shall not be responsible for providing any information to CONTRACTOR regarding the Underground Facilities and the cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full responsibility for: a.Locating all Underground Facilities;and b.Coordination of the Work with the owners of such Underground Facilities, including OWNER,during construction;and the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. RECORD DOCUMENTS: 6.20 CONTRACTOR shall keep one record copy of all Specifications,Drawings,Addenda, Modifications,Shop Drawings,and samples at the site in good order and annotated to show all changes made during the construction process.These shall be available to ENGINEER and OWNER for examination and shall be delivered to ENGINEER for OWNER upon completion of the Work or upon termination of the Agreement,whichever is earlier. SAFETY AND PROTECTION: 6.21 CONTRACTOR shall be responsible for initiating,maintaining,and supervising all safety precautions and programs in connection with the Work.CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage,injury, or loss to: (a)all employees and Subcontractors on the Work and other persons who may be affected thereby; (b)all the Work and all materials or equipment to be incorporated therein,whether in storage on or off the site,and (c)other property at the site,or adjacent thereto,including trees,shrubs,lawns,walks,pavements, roadways,structures,and utilities not designated for removal,relocation or replacement in the course of construction.CONTRACTOR shall comply with all applicable laws,ordinances, rules,regulations,and orders of any public body having jurisdiction for the safety of persons or property,or to protect them from damage,injury,or loss;and shall erect and maintain all necessary safeguards for such safety and protection.CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them.All damage, 15 Exhibit D -Page 16 of 36 injury,or loss to any property referred to in paragraph 6.21 (a)or 6.21(b)caused,directly or indirectly,in whole or in part,by CONTRACTOR,any Subcontractor,or anyone directly or indirectly employed by any of them,or anyone for whose acts any of them may be liable,shall be remedied by CONTRACTOR (except damage or loss attributable to the sole fault of Drawings or Specifications,or solely to the acts or omissions of OWNER or ENGINEER). CONTRACTOR’S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR,in accordance with paragraph 14.13,that the Work is acceptable. 6.22 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents.This person shall be CONTRACTOR’S superintendent, unless otherwise designated in writing by CONTRACTOR to OWNER. EMERGENCIES: 6.23 In emergencies affecting the safety or protection of persons,or the Work,or property at the site or adjacent thereto,CONTRACTOR,without special instruction or authorization from ENGINEER to OWNER,is obligated to act to prevent threatened damage,injury,or loss.CONTRACTOR shall give ENGINEER and OWNER prompt written notice of any significant changes in the Work,or deviations from the Contract Documents caused thereby. SHOP DRAWINGS AND SAMPLES: 6.24 After checking and verifying all field measurements,CONTRACTOR shall submit to ENGINEER for review and approval,in accordance with the accepted schedule of shop drawing submissions, five copies (unless otherwise specified in the Contract Documents)of all shop drawings,which shall have been checked by,and stamped with the approval of,CONTRACTOR,and identified as ENGINEER may require.The data shown on the shop drawings will be complete with respect to dimensions,design criteria,materials of construction,and like information to enable ENGINEER to review the information as required. 6.25 CONTRACTOR shall also submit to ENGINEER and OWNER for review and approval,with such promptness as to cause no delay in Work,all samples required by the Contract Documents. All samples will have been checked by,and stamped with the approval of CONTRACTOR, identified clearly as to material,manufacturer,and any pertinent catalog numbers,and the use for which intended. 6.26 At the time of each submission,CONTRACTOR shall,in writing,call ENGINEER’S and OWNER’s attention to any deviations that the shop drawings or samples may have from the requirements of the Contract Documents. 6.27 ENGINEER will review and approve (after discussing with OWNER),with reasonable promptness,shop drawings and samples,but ENGINEER’S review and approval shall be only for conformance with the design concept of the Project,and for compliance with the information given in the Contract Documents,and shall not extend to means,methods,sequences,techniques, or procedures of construction,or to safety precautions of programs incident thereto.The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.CONTRACTOR shall make any corrections required by ENGINEER,and shall 16 Exhibit D -Page 17 of 36 return the required number of corrected copies of shop drawings,and resubmit new samples for review and approval.CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals.CONTRACTOR’S stamp of approval on any shop drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities,dimensions, field construction criteria,materials catalog numbers,and similar data,or assumes full responsibility for doing so,and that CONTRACTOR has reviewed or coordinated each shop drawing or sample with the requirements of the Work and the Contract Documents. 6.28 Where a shop drawing or sample is required by the specifications,no related Work shall be commenced until the submittal has been reviewed and approved by ENGINEER after first discussing the same with OWNER. 6.29 ENGINEER’S review and approval of shop drawings or samples shall not relieve CONTRACTOR from responsibility for any deviations from the Contract Documents unless CONTRACTOR has, in writing,called ENGINEER’S attention to such deviation at the time of submission,and ENGINEER with consent of OWNER has given written concurrence and approval to the specific deviation,nor shall any concurrence or approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the shop drawings. CONTINUING THE WORK: 6.30 CONTRACTOR shall carry on the Work and maintain the progress schedule during all disputes or disagreements with OWNER.No Work shall be delayed or postponed pending resolution of any disputes or disagreements,except as CONTRACTOR and OWNER may otherwise agree in writing. INDEMNIFICATION: 6.31 To the fullest extent permitted by law,CONTRACTOR shall indemnify and hold harmless OWNER,any third-party property owner,and ENGINEER,and their officials,agents and employees,from and against all claims,damages,liabilities,losses,and expenses including,but not limited to,attorney’s fees and costs arising out of,or resulting from,the performance or non- performance of the Work,and including,but not limited to,claims,damages,liabilities,losses,or expenses attributable to bodily injury,sickness,disease,or death,or to injury to or destruction of tangible property including the loss of use resulting therefrom or is caused,in whole or in part,by any negligent act or omission of CONTRACTOR,any Subcontractor,anyone directly or indirectly employed by any of them,or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by a party indemnified hereunder.Nothing in the Agreement shall be interpreted that the OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act or other applicable law. 6.32 Any and all claims against OWNER or ENGINEER,or any of their agents or employees,by any employee of CONTRACTOR,any Subcontractor,anyone directly or indirectly employed by any of them,or anyone for whose acts any of them may be liable,the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable by or for CONTRACTOR or any Subcontractor under worker’s or workrnens compensation acts,disability benefit acts,or other employee benefit acts. 17 Exhibit D -Page 18 of 36 6.33 The obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGINEER,his agents,or employees arising out of the ENGINEER’S preparation of maps, Drawings,opinions,reports,surveys,change orders,designs,or Specifications. ARTICLE 7-WORK BY OTHERS 7.1 OWNER may perform additional work related to the Project by himself,or have additional work performed by utility service companies,or let other direct contracts therefore which shall contain general conditions similar to these.CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct contracts (or OWNER,if OWNER is performing the additional work with OWNER’S employees)reasonable opportunity for the introduction and storage of materials and equipment,and the execution of work,and shall properly connect and coordinate his Work with theirs. 7.2 If any part of CONTRACTOR’S Work depends,for proper execution or results,upon the Work of any such other contractor or utility service company (or OWNER),CONTRACTOR shall inspect and promptly report to ENGINEER and OWNER in writing any patent or apparent defects or deficiencies in such Work that render it unsuitable for such proper execution and results. CONTRACTOR’S failure to so report shall constitute an acceptance of the other Work as fit and proper for integration with CONTRACTOR’S Work,except for latent or non-apparent defects and deficiencies in the other work. 7.3 CONTRACTOR shall do all cutting,fitting,and patching of his Work that may be required to make its several parts come together properly and integrate with such other Work. CONTRACTOR shall not endanger any work of others by cutting,excavating,or otherwise altering their work,and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. 7.4 If the performance of additional work by other contractors or utility service companies or OWNER was not noted in the Contract Documents,written notice thereof shall be given to CONTRACTOR prior to starting any such additional work.If CONTRACTOR believes that the performance of such additional work by OWNER or others involves additional expense to CONTRACTOR,or requires an extension of the Contract Time,CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. ARTICLE 8-OWNER’S RESPONSIBILITIES 8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.2 In case of termination of the employment of ENGINEER,OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER. 8.3 OWNER and all of its employees and agents shall have the right to full access and use of the Project site.Such use shall not constitute acceptance of the Work or any part thereof,or waive any of OWNER’S rights or remedies under the Contract Documents. 18 Exhibit D -Page 19 of 36 ARTICLE 9-ENGINEER’S STATUS DURING CONSTRUCTION OWNER’S REPRESENTATIVE: 9.1 ENGINEER will be OWNER’S representative during the construction period as set forth in the Contract Documents.The duties and responsibilities and the limitations of authority of ENGINEER as OWNER’S representative during construction are set forth in the Contract Documents,and shall not be extended without written consent of OWNER and ENGINEER. Notwithstanding anything to the contrary herein,in all instances in the Contract Documents where ENGINEER has the authority to make decisions concerning quality of and acceptance of the Work performed by CONTRACTOR the ENGINEER shall first discuss such decision and proposed acceptance with OWNER and obtain its approval prior to communicating with the CONTRACTOR.Further,in all instances in the Contract Documents where ENGINEER has the authority to make a decision that impacts the Project budget or Contract Price or payment to the CONTRACTOR,then Engineer shall first discuss the payment or costs with OWNER and obtain its approval prior to approving any payment,additive or deductive Work.This paragraph is not intended as and shall not be a waiver of ENGINEER’s responsibility for oversight of the Work. VISITS TO SITE: 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine,in general,if the Work is proceeding in accordance with the Contract Documents.ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work.ENGINEER’s efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations,as an experienced and qualified design professional,ENGINEER will keep OWNER informed of the progress of the Work,and will endeavor to guard OWNER against defects and deficiencies in the Work. CLARIFICATIONS AND INTERPRETATIONS: 9.3 ENGINEER will issue,with reasonable promptness,such written clarifications or interpretations of the Contract Documents (in the form of drawings or otherwise)as ENGINEER may determine necessary,which shall be consistent with,or reasonably inferable from,the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time,CONTRACTOR may make a claim therefore,as provided in Article 11 or Article 12. REJECTING DEFECTIVE WORK: 9.4 ENGINEER,after conferring and receiving approval of OWNER,will have authority to disapprove or reject Work which is defective,and will also have authority to require special inspection or testing of the Work as fabricated,installed,or completed. 19 Exhibit D -Page 20 of 36 SHOP DRAWINGS,CHANGE ORDERS,AND PAYMENTS: 9.5 In connection with ENGINEER’S responsibility for Shop Drawings and samples,see paragraphs 6.24 through 6.29 inclusive. 9.6 In connection with ENGINEER’S responsibilities as to change orders see Articles 10,11,and 12. 9.7 In connection with ENGINEER’S responsibilities in respect to applications for payment,and the like,see Article 14. PROJECT REPRESENTATION: 9.8 ENGINEER may utilize a Resident Project Representative to assist ENGINEER in observing the performance of the Work.The duties,responsibilities,and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Contract Documents.If OWNER designates another agent to represent him at the site who is not ENGINEER’S agent,the duties,responsibilities,and limitations of authority of such other person will be as provided the Contract Documents. DECISIONS ON DISAGREEMENTS: 9.9 ENGINEER,afier first conferring with OWNER,will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder.Claims, disputes,and other matters relating to the acceptability of the Work,or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work, shall be referred initially to ENGINEER in writing with a request for a formal decision which ENGINEER will render in writing within a reasonable time afier conferring with OWNER. LIMITATIONS ON ENGINEER’S RESPONSIBILITIES: 9.10 Neither ENGINEER’s authority to act under this Article 9,or elsewhere in the Contract Documents,nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER or OWNER to CONTRACTOR,any Subcontractor,any manufacturer,fabricator,supplier,or distributor,or any of their agents or employees,or any other person performing any of the Work. 9.11 Whenever,in the Contract Documents,the terms “as ordered”,“as directed”,“as required”,“as allowed”,or terms of like effect or import are used,or the adjectives “reasonable”,“suitable”, “acceptable”,“proper”,or “satisfactory”,or adjectives of like effect or import are used to describe requirement,direction,review,or judgment of ENGINEER as to the Work,it is intended that such requirement direction,review,or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise).The use of any such term or adjective never indicates that ENGINEER shall have authority to supervise or direct performance of the Work,or authority to undertake responsibility contrary to the provisions of paragraphs 9.12 or 9.13. 9.12 ENGINEER and OWNER will not be responsible for CONTRACTOR’S means,methods, techniques,sequences or procedures of construction,or the safety precautions and programs 20 Exhibit D -Page 21 of 36 incident thereto,and ENGiNEER and OWNER will not be responsible for CONTRACTOR’S failure to perform the Work in accordance with the Contract Documents. 9.13 ENGINEER and OWNER will not be responsible for the acts or omissions of CONTRACTOR,or of any Subcontractor,or of the agents or employees of any CONTRACTOR or Subcontractor,or of any other persons at the site or otherwise performing any of the Work. ARTICLE 10-CHANGES IN THE WORK 10.1 Without invalidating the Agreement,OWNER may,at any time or from time to time,order additions,deletions,or revisions in the Work;these will be authorized by change orders.Upon receipt of an executed change order,CONTRACTOR shall proceed with the Work involved.All such Work shall be executed under the applicable conditions of the Contract Documents.If any change order causes an increase or decrease in the Contract Price,or an extension or shortening of the Contract Time,an equitable adjustment may be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.1.1 A claim is a demand or assertion by one of the parties seeking an adjustment or interpretation in the Contract Document terms,payment of money,extension of time or other relief with respect to the Contract Documents. 10.1.2 Pending final resolution of a claim,CONTRACTOR shall proceed diligently with performance of the Contract Documents and OWNER shall continue to make undisputed payments in accordance with the Contract Documents. 10.1.3 All claims,disputes,controversies and other matters in question between OWNER and CONTRACTOR shall,in the first instance,be subject to good faith negotiations between the parties.Either party may notify the other of a claim or dispute.Within fifteen (15) days after the delivery of such notification,or such longer period as the parties may mutually agree,the parties shall meet in good faith to resolve any claims or disputes.In the event the parties cannot reach an agreement,any remaining claims,disputes and controversies related to the Contract Documents,or breach thereof shall be litigated in the District Court for Eagle County,Colorado. 10.2 ENGINEER with approval of OWNER may authorize minor changes in the Work,not involving an adjustment in the Contract Price or the Contract Time,which are consistent with the overall intent of the Contract Documents.These may be accomplished by a field order,and shall be binding on OWNER,and also on CONTRACTOR who shall perform the change promptly.If CONTRACTOR believes that a field order justifies an increase in the Contract Price or Contract Time,CONTRACTOR may make a claim therefore prior to performing the Work and as provided in the Contract Documents. 10.3 Additional Work performed without authorization of a change order will not entitle CONTRACTOR to an increase in the Contract Price,or an extension of the Contract Time,except in the case of an emergency as provided in paragraph 6.23,and except as provided in paragraph 13.9. 10.4 OWNER may execute appropriate change orders prepared by ENGINEER covering changes in the Work which are required by OWNER,or required because of unforeseen physical conditions or 21 Exhibit D -Page 22 of 36 emergencies,or because of uncovering Work found not to be defective,or as provided in paragraphs 11.10 or 11.11. 10.5 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any bond to be given to the surety,it will be CONTRACTORS responsibility to so notify the surety,and the amount of each applicable bond shall be adjusted accordingly.CONTRACTOR shall furnish proof of such adjustment to OWNER. ARTICLE 11-CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for performing the Work.All duties,responsibilities,and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a change order.Any claim for an increase in the Contract Price shall be by written notice to OWNER and shall be absolutely given and approved by OWNER before proceeding with the Work.Prior written notice is not required for claims relating to an emergency endangering life or property,in which case CONTRACTOR shall act,at CONTRACTOR’s discretion to prevent the threatened injury or loss.Any change in the Contract Price resulting from any such claim and approved by OWNER shall be incorporated in a change order. 11.3 No change orders or other form of order or directive which requires additional compensable Work to be performed may be issued or be effective unless accompanied by a written assurance to the CONTRACTOR that lawful appropriations to cover the costs of the additional Work have been made. 11.4 The value of any Work covered by a change order,or of any claim for an increase or decrease in the Contract Price,shall be determined in one of the following ways: 11.4.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved which shall be subject to the provisions of paragraph 11.10. 11.4.2 By mutual acceptance of a lump sum. 11.4.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.5 and 11.6). Contractor shall obtain prior written approval of OWNER and ENGINEER before calculating any change using the Cost of the Work methodology. 11.4.4 Regardless of method for determining the value of any Work covered by a change order, the CONTRACTOR shall provide OWNER with written documentation concerning the claim,including but not limited to the specific reasons for the claim. 11.5 The term “Cost of the Work”means the sum of any and all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work.Except as otherwise may be agreed to in writing by OWNER,such costs shall be in amounts no higher than those prevailing in the locality of the Project,shall include only the following items,and shall not include any of the costs itemized in paragraph 11.6: 22 Exhibit D -Page 23 of 36 11.5.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules ofjob classifications agreed upon by OWNER and CONTRACTOR.Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.Payroll costs shall include,but not be limited to,salaries and wages,plus the cost of fringe benefits which shall include social security contributions,unemployment,excise and payroll taxes,worker’s or workmen’s compensation,health and retirement benefits,bonuses,sick leave,vacation and holiday pay applicable thereto.Such employees shall include superintendents and foremen at the site.The expenses of performing Work after regular working hours,or on Sunday or legal holidays,shall be included in the above only to the extent authorized in writing by OWNER. 11.5.2 Cost of all materials and equipment furnished and incorporated in the Work,including costs of transportation and storage thereof and manufacturers’field services required in connection therewith.All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments,in which case,the cash discounts shall accrue to OWNER.All trade discounts,rebates and refunds,and all returns from sale of surplus materials and equipment shall accrue to OWNER,and CONTRACTOR shall make provisions so that they may be obtained. 11.5.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors.If required by OWNER,CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR,and shall deliver such bids to OWNER,who will then determine,with the advice of ENGiNEER,which bids will be accepted.If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work,the Subcontractor’s Cost of the Work shall be determined in the same manner as CONTRACTOR’S Cost of the Work.All Subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.5.4 Supplemental costs including the following: 11.5.4.1 The proportion of necessary transportation,travel,and subsistence expenses of CONTRACTOR’S employees incurmed in discharge of duties connected with the Work. 11.5.4.2 Cost,including transportation and maintenance,of all materials,supplies, equipment,machines,appliances,office and temporary facilities at the site, and hand tools not owned by the workmen,which are consumed in the performance of the Work,and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.5.4.3 Rentals of all construction equipment and machinery,and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGiNEER,and the costs of transportation,loading,unloading,installation,dismantling and removal thereof,all in accordance with terms of said rental agreements. The rental of any such equipment,machinery or parts shall cease when the use thereof is no longer necessary for the Work. 23 Exhibit D -Page 24 of 36 11.5.4.4 Intentionally omitted. 11.5.4.5 Intentionally omitted. 11.5.4.6 Intentionally omitted. 11.5.4.7 The cost of utilities,fuel,and sanitary facilities at the site. 11.5.4.8 Minor expenses such as long distance calls,telephone service at the site and similar petty cash items in connection with the Work. 11.5.4.9 Cost of premiums for additional bonds and insurance required because of changes in the Work. 11.6 The term “Cost of the Work”shall not include any of the following: 11.6.1 Payroll costs and other compensation of CONTRACTOR’S officers,executives,principals (of partnership and sole proprietorship),general managers,engineers,architects, estimators,lawyers,auditors,accountants,purchasing and contracting agents,expediters, timekeepers,clerks,and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work,and not specifically included in the agreed upon schedule ofjob classifications referred to in subparagraph 11.5.1. 11.6.2 Expenses of CONTRACTOR’S principal and branch office,other than CONTRACTOR’S office at the site. 11.6.3 Any part of CONTRACTOR’S capital expenses including interest on CONTRACTOR’S capital employed for the Work,and charges against CONTRACTOR for delinquent payments. 11.6.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the Work). 11.6.5 Costs due to the negligent performance or non-performance of CONTRACTOR,any subcontractor,or anyone directly or indirectly employed by any of them,or for whose acts any of them may be liable,including,but not limited to,the correction of defective Work, disposal of materials or equipment wrongly supplied,and making good any damage to property. 11.6.6 Other overhead or general expense costs of any kind,and the costs of any item not specifically and expressly included in paragraph 11.5. 11.7 Intentionally Omitted. 11.8 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease.When both additions 24 Exhibit D -Page 25 of 36 and credits are involved in any one change,the combined adjustment to overhead and profit shall be figured on the basis of the net increase or decrease in allowable costs,if any. ADJUSTMENT OF UNIT PRICES: 11.9 Whenever the cost of any Work is to be determined based upon unit price,CONTRACTOR will submit,in form acceptable to ENGINEER and OWNER,an itemized cost breakdown together with supporting data. 11.10 Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate change order (additive or deductive)may be issued on recommendation of ENGINEER with written approval of OWNER.In no event will the unit price bid by CONTRACTOR be modified,but the quantity of any item may be increased or decreased. Notwithstanding the foregoing,CONTRACTOR acknowledges that the Work is being funded by a grant and as a result no change order shall cause an increase to the fixed Contract Price.All change orders must be approved in writing by OWNER. CASH ALLOWANCES: 11.11 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents,and shall cause the Work so covered to be done by such Subcontractors,manufacturers,fabricators,suppliers,or distributors,and for such sums within the limit of the allowances as maybe acceptable to ENGINEER and OWNER.Upon final payment, the Contract Price shall be adjusted as required,and an appropriate change order issued. CONTRACTOR agrees that the original Contract Price includes such sums as CONTRACTOR deems proper for costs and profit on account of cash allowances.No demand for additional cost or profit in connection therewith will be valid. ARTICLE 12-CHANGE OF THE CONTRACT TIME 12.1 Except as expressly provided in the Contract Documents,CONTRACTOR shall not be entitled to any extension of the Contract time.If OWNER finds that CONTRACTOR is entitled to any extension of the Contract Time,OWNER’s determination as to the total number of days extension shall be based upon the currently approved Project schedule and on all data relevant to such extension.The Contract Time may only be changed by a change order.Any claim for an extension in the Contract Time shall be based on verbal notice delivered to OWNER and ENGINEER as soon as reasonably practicable but no later than two (2)days,to be followed by written notice delivered to OWNER and ENGINEER within five (5)days of the occurrence of the event giving rise to the claim.No change in the Project schedule shall be effective unless and until a change order is properly executed in accordance with the Contract Documents.In making a claim for an extension of time as a result of a delay,CONTRACTOR shall provide OWNER with the following specific information:nature of the delay;date (or anticipated date)of commencement of delay;activities on the Project schedule affected by the delay,and (or)new activities delay,and their relationship with existing activities;identification of person(s), organization(s)or event(s)responsible for the delay;anticipated extent of delay and recommended action to avoid or minimize the delay.Any change in the Contract Time resulting from any such claim as may be approved by OWNER shall be incorporated in a change order. 25 Exhibit D -Page 26 of 36 12.2 All time limits stated in the Contract Documents are of the essence of the Agreement.The provisions of Articles 11 and 12 are CONTRACTOR’s sole remedies for delay by any cause whatsoever,including acts of OWNER. ARTICLE 13-WARRANTY AND GUARANTEE;TESTS AND INSPECTION;CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective.Prompt notice of all defects shall be given to CONTRACTOR.All defective Work,whether or not in place,may be rejected, corrected,or accepted as provided in this Article 13.Specifically,CONTRACTOR warrants to OWNER that (i)materials and equipment furnished under the Contract Documents shall be of highest quality and new unless otherwise required or permitted by the Contract Documents;(ii) the Work shall be free from defects and deficiencies;(iii)the Work shall conform to the requirements of the Contract Documents,applicable laws and applicable permits;and (iv)the Work shall be performed in a good and workman like manner.All guarantees and warranties of equipment or materials furnished to CONTRACTOR or any subcontractor(s)by any manufacturer or supplier shall be for the benefit of OWNER.CONTRACTOR does hereby covenant,warrant and agree that it shall repair or replace any and all of the Work,together with other Work which may be displaced by such repair or replacement,without any cost to OWNER for a period of two (2)years following the date of substantial completion of the Work.This obligation shall survive both final payment for the Work or designated portion thereof and termination of this Agreement. ACCESS TO WORK: 13.2 OWNER,ENGINEER,ENGINEER’s representatives,other representatives of OWNER,testing agencies,and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation,inspection and testing.CONTRACTOR shall provide proper and safe conditions for such access. TESTS AND INSPECTIONS: 13.3 CONTRACTOR shall give ENGINEER and OWNER timely notice of readiness of Work for all required inspections,tests or approvals. 13.4 If any law,ordinance,rule,regulation,code,or order of any public body having jurisdiction requires any Work (or part thereof)to specifically be inspected,tested,or approved, CONTRACTOR shall assume full responsibility therefore,pay all costs in connection therewith, and furnish ENGINEER and OWNER the required certificates of inspection,testing,or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER’s or ENGiNEER’s acceptance of a manufacturer,fabricator,supplier or distributor of materials or equipment proposed to be incorporated in the Work,or of materials or equipment submitted for approval prior to CONTRACTOR’s purchase thereof for incorporation of the Work.The cost of all other inspections,tests,and approvals required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 26 Exhibit D -Page 27 of 36 13.5 Any inspections,tests,or approvals,other than those required by law,ordinance,rule,regulation, code,or order of any public body having jurisdiction,shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6 If any Work that is to be inspected,tested,or approved is covered without written concurrence of ENGINEER and OWNER,it must,if requested by ENGINEER or OWNER,be uncovered for observation.Such uncovering shall be at CONTRACTOR’s expense,unless CONTRACTOR has given ENGINEER and OWNER timely notice of CONTRACTOR’s intention to cover such Work and ENGINEER and OWNER has not acted with reasonable promptness in response to such notice. 13.7 Neither observations by ENGINEER or OWNER nor inspections,tests,or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the Contract Documents. UNCOVERING WORK: 13.8 If any Work is covered contrary to the written request of ENGINEER or OWNER,it must,if requested by ENGINEER or OWNER,be uncovered for ENGINEER or OWNERs observation and replaced at CONTRACTOR’S expense. 13.9 If ENGINEER or OWNER considers it necessary or advisable that covered Work be observed by ENGINEER or OWNER,or inspected or tested by others,CONTRACTOR,at ENGINEER or OWNER’s request,shall uncover,expose,or otherwise make available for observation,inspection, or testing as ENGINEER or OWNER may require,that portion of the Work in question,furnish all necessary labor,material,and equipment.If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering,exposure,observation,inspection, and testing of satisfactory reconstruction,including compensation for additional professional services,and an appropriate deductive change order shall be issued.If,however,such Work is not found to be defective,CONTRACTOR shall be allowed an increase in the Contract Price,or an extension of the Contract Time,or both,directly attributable to such uncovering,exposure, observation,inspection,testing,and reconstruction. OWNER MAY STOP THE WORK: 13.10 If the Work is defective,or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment,OWNER may order CONTRACTOR to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.11 If required by ENGINEER or OWNER,CONTRACTOR shall promptly,without cost to OWNER and as specified by ENGINEER or OWNER,either correct any defective Work,whether or not fabricated,installed,or completed,or,if the Work has been rejected by ENGINEER or OWNER, remove it from the site and replace it with non-defective Work in a manner acceptable to the ENGINEER and OWNER. 27 Exhibit D -Page 28 of 36 TWO YEAR CORRECTION PERIOD: 13.12 If,within two years after the date of substantial completion,or such longer period of time as may be prescribed by law,or by the terms of any applicable special guarantee required by the Contract Documents,or by any other specific provision of the Contract Documents,any Work is found to be defective,CONTRACTOR shall promptly,without cost to OWNER,and in accordance with OWNER’S written instructions,either correct such defective Work,or,if it has been rejected by OWNER,remove it from the site,and replace it with non-defective Work.If CONTRACTOR does not promptly comply with the terms of such instructions,or in an emergency where delay would cause serious risk of loss or damage,OWNER may have the defective Work corrected or the rejected Work removed and replaced,and all direct and indirect costs of such removal and replacement,including compensation for additional professional services,shall be paid by CONTRACTOR. ACCEPTANCE OF DEFECTIVE WORK: 13.13 If,instead of requiring correction or removal and replacement of defective Work,OWNER (and, prior to ENGINEER’S recommendation of final payment,)prefers to accept it,OWNER may do so.In such case,if acceptance occurs prior to ENGINEER’S recommendation of final payment,a change order shall be issued incorporating the necessary revisions in the Contract Price;or,if the acceptance occurs after such recommendation,an appropriate amount shall be paid by CONTRACTOR to OWNER. OWNER MAY CORRECT DEFECTIVE WORK: 13.14 If CONTRACTOR fails,within a reasonable time after written notice of ENGINEER or OWNER, to proceed to correct defective Work,or to remove and replace rejected Work as required by ENGINEER or OWNER in accordance with paragraph 13.11,or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule),OWNER may,after seven days written notice to CONTRACTOR,correct and remedy any such deficiency.In exercising his rights under this paragraph OWNER shall proceed expeditiously.To the extent necessary to complete corrective and remedial action,OWNER may exclude CONTRACTOR from all or part of the site,take possession of all or part of the Work, and suspend CONTRACTOR’S services related thereto,take possession of CONTRACTOR’S tools,appliances,construction equipment,and machinery at the site,and incorporate in the Work all materials and equipment stored at the site,or for which OWNER has paid CONTRACTOR,but which are stored elsewhere.CONTRACTOR shall allow OWNER,OWNER’S representatives, agents,and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph.All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER,and a change order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price.Such direct and indirect costs shall include,in particular but without limitation,compensation for additional professional services required,and all costs of repair and replacement of work of others destroyed or damaged by correction,removal,or replacement of CONTRACTOR’S defective Work.CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER’S rights hereunder. 28 Exhibit D -Page 29 of 36 ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Intentionally Omitted. APPLICATION FOR PROGRESS PAYMENT: 14.2 At least ten days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER and OWNER for review an application for payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the application,and accompanied by such supporting documentation as is required by the Contract Documents,and also as ENGINEER or OWNER may reasonably require.If payment is requested on the basis of materials and equipment not incorporated in the Work,but delivered and suitably stored at the site or at another location agreed to in writing,the application for payment shall also be accompanied by such data,satisfactory to OWNER,as will establish OWNER’S title to the material and equipment,and protect OWNER’S interest therein,including applicable insurance. Each subsequent application for payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR’S obligations reflected in prior applications for payment.The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR’S WARRANTY OF TITLE: 14.3 CONTRACTOR warrants and guarantees that title to all Work,materials,and equipment covered by any application for payment,whether incorporated in the Project or not,will pass to OWNER at the time of payment free and clear of all liens,claims,security interests,and encumbrances (hereafter in these General Conditions referred to as “Liens’). REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 14.4 ENGINEER will first confer with OWNER and within ten days after receipt of each application for payment,either indicate in writing a recommendation of payment and present the application to OWNER,or return the application to CONTRACTOR indicating in writing ENGINEER’S reasons for refusing to recommend payment.In the latter case,CONTRACTOR may make the necessary corrections and resubmit the application.OWNER shall,within twenty days of presentation to him of the application for payment with ENGINEER’S recommendation,pay CONTRACTOR the amount recommended. 14.5 ENGINEER’S recommendation of any payment requested in an application for payment will constitute a representation by ENGINEER to OWNER that,based on ENGINEER’S on-site observations of the Work in progress as an experienced and qualified design professional,and on ENGINEER’S review of the application for payment,and the accompanying data and schedules, the Work has progressed to the point indicated;that,to the best of ENGINEER’S knowledge, information,and belief,the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion,and to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation);and,that CONTRACTOR is entitled to payment of the amount recommended.However,by recommending any such payment,ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of Work,or that the means,methods,techniques,sequences,and 29 Exhibit D -Page 30 of 36 procedures of construction have been reviewed,or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the monies paid or to be paid to CONTRACTOR on account of the Contract Price,or that title to any Work,materials,or equipment has passed to OWNER free and clear of any Liens. 14.6 ENGINEER’s recommendation Of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR’S being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whole,or any part of any payment if,in his opinion,it would be incorrect to make such representations to OWNER.He may also refuse to recommend any such payment,or,because of subsequently discovered evidence,or the results of subsequent inspections or tests,nullify any such payment previously recommended to such extent as may be necessary in ENGINEER’S opinion to protect OWNER from loss because: 14.7.1 the work is defective,or completed Work has been damaged requiring correction or replacement, 14.7.2 written claims have been made against OWNER,or Liens have been filed in connection with the Work, 14.7.3 the Contract Price has been reduced because of modifications, 14.7.4 OWNER has been required to correct defective Work,or complete the Work in accordance with paragraph 13.14, 14.7.5 of CONTRACTOR’S unsatisfactory prosecution of the Work in accordance with the Contract Documents,or 14.7.6 CONTRACTOR’S failure to make payment to Subcontractors,or for labor,materials,or equipment. SUBSTANTIAL COMPLETION: 14.8 When CONTRACTOR considers the entire Work ready for its intended use,CONTRACTOR shall,in writing to OWNER and ENGINEER,certify that the entire Work is substantially complete,and request that ENGINEER issue a certificate of substantial completion.Within a reasonable time thereafter,OWNER,CONTRACTOR,and ENGINEER shall make an inspection of the Work to determine the status of completion.If ENGINEER,after conferring with OWNER, does not consider the Work substantially complete,ENGINEER will notify CONTRACTOR in writing giving his reasons therefor.If ENGINEER,after conferring with OWNER,considers the Work substantially complete,ENGINEER will prepare and deliver to OWNER a tentative certificate of substantial completion which shall fix the date of substantial completion.There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment.OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If,after considering such objections,ENGINEER concludes that the Work is not substantially complete,ENGINEER will,within fourteen days after submission of the tentative certificate to OWNER,notify CONTRACTOR in writing stating his reasons therefor.If,after consideration of 30 Exhibit D -Page 31 of 36 OWNER’S objections,ENGINEER considers the Work substantially complete,ENGiNEER will, within said fourteen days,execute and deliver to OWNER and CONTRACTOR a definitive certificate of substantial completion (with a revised tentative list of items to be completed or corrected)reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER.At the time of delivery of tentative certificate of substantial completion,ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security,operation,safety,maintenance,heat,utilities,and insurance.Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to his issuing the definitive certificate of substantial completion,ENGINEERS aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of substantial completion,but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. PARTIAL UTILIZATION: 14.10 Use by OWNER of completed portions of the Work may be accomplished prior to substantial completion of all the Work subject to the following: 14.10.1OWNER,at any time,may request CONTRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees,CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete,and request ENGINEER to issue a certificate of substantial completion for that part of the Work.Within a reasonable time thereafter,OWNER,CONTRACTOR,and ENGINEER shall make an inspection of that part of the Work to determine its status of completion.If ENGINEER after conferring with OWNER considers that part of the Work to be substantially complete,ENGINEER will execute,and deliver to OWNER and CONTRACTOR,a certificate to that effect, fixing the date of substantial completion as to that part of the Work,attaching thereto a tentative list of items to be completed or corrected before final payment.Prior to issuing a certificate of substantial completion as to part of the Work,ENGINEER,after conferring with OWNER,will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security,operation,safety,maintenance,utilities,and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of substantial completion as to that part of the Work,unless OWNER and CONTRACTOR shall have otherwise agreed in writing.OWNER shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete,but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.1 0.2In lieu of the issuance of a certificate of substantial completion as to part of the work, OWNER may take over operation of a facility constituting part of the Work,whether or not it is substantially complete,if such facility is functionally and separately usable; provided that prior to any such takeover,OWNER and CONTRACTOR have agreed as to 31 Exhibit D -Page 32 of 36 the division of responsibilities between OWNER and CONTRACTOR for security, operation,safety,maintenance,correction period,heat,utilities,and insurance with respect to such facility. 14.1 O.3No occupancy of part of the Work,or taking over of operations of a facility will be accomplished before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby.The insurers providing the property insurance shall consent by endorsement on the policy or policies,but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. FINAL INSPECTION: 14.11 Upon written notice from CONTRACTOR that the Work is complete,ENGINEER will make a final inspection with OWNER and CONTRACTOR,and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. FINAL APPLICATION FOR PAYMENT: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and OWNER,and delivered all maintenance and operating instructions,schedules,guarantees,bonds, certificates of inspection,marked-up record documents,and other documents,all as required by the Contract Documents,and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.14),CONTRACTOR may make application for final payment following the procedure for progress payments.The final application for payment shall be accompanied by all documentation called for in the Contract Documents,and such other data and schedules as ENGINEER may reasonably require,together with complete and legally effective releases or waivers (satisfactory to OWNER)of all liens arising out of,or filed in connection with the Work.In lieu thereof,and as approved by OWNER,CONTRACTOR may furnish receipts or releases in full;an affidavit of CONTRACTOR that the releases and receipts include all labor, services,material,and equipment for which lien could be filed,and that all payrolls,material,and equipment bills,and other indebtedness connected with the Work,for which OWNER or his property might in any way be responsible,have been paid or otherwise satisfied;and consent of the surety,if any,to final payment.If any subcontractor,manufacturer,fabricator,supplier,or distributor fails to furnish a release or receipt in full,CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER against any lien. 14.12.1 Before OWNER may advertise for final payment,CONTRACTOR shall deliver to OWNER for review: i.All guaranties and warranties; ii.A letter confirming that sales tax from the OWNER is exempt have not been paid; iii.One (1)complete bound set of required operations and maintenance manuals and instructions,if any; 32 Exhibit D -Page 33 of 36 iv.One (1)set of as-built drawings; v.To the extent not already furnished,one copy of all corrected Shop Drawings; vi.Satisfactory evidence that all payroll,material bills,and other indebtedness connected with the Work have been paid or otherwise satisfied; vii.A complete and final waiver and/or release of any and all lien rights and liens from each subcontractor of all tiers,material,men,supplier, manufacturer and dealer for all labor,equipment and material used of furnished by each on the Work; viii.Any other documents required to be furnished by the Contract Documents. Upon completion of the foregoing,CONTRACTOR’S settlement shall be advertised in accordance with Colorado law.On the date of final settlement thus advertised,and after CONTRACTOR has submitted a written notice that no claims have been filed,final payment and settlement shall be made in full. FINAL PAYMENT AND ACCEPTANCE: 14.13 If,after conferring with OWNER,and on the basis of ENGINEER’S observation of the Work during construction and final inspection,and ENGINEER’S review of the final application for payment and accompanying documentation,all as required by Contract Documents,ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents,ENGINEER will,within ten days after receipt of the final application for payment,indicate in writing his recommendation of payment,and present the application to OWNER for payment.Thereupon,ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise,ENGINEER will return the application to CONTRACTOR,indicating in writing the reasons for refusing to recommend final payment,in which case CONTRACTOR shall make the necessary corrections,and resubmit the application.If the application and accompanying documentation are appropriate as to form and substance,OWNER shall,within thirty days after receipt thereof,pay CONTRACTOR the amount recommended by ENGINEER. CONTRACTOR’S CONTINUING OBLIGATION: 14.14 CONTRACTOR’S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.Neither recommendation of any progress or final payment by ENGINEER,nor the issuance of a certificate of substantial completion,nor any payment by OWNER to CONTRACTOR under the Contract Documents,nor any use or occupancy of the Work or any part thereof by OWNER,nor any act of acceptance by OWNER,nor any failure to do so,nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13,nor any correction of defective Work by OWNER shall constitute an acceptance of Work not in accordance with the Contract documents or a release of CONTRACTOR’S obligation to perform the Work in accordance with the Contract Documents. 33 Exhibit D -Page 34 of 36 14.14.lNotwithstanding any provision to the contrary contained in the Contract Documents, provided that OWNER continues to make payments of amounts not in dispute in accordance with the provisions of the Contract Documents,during all disputes,actions or claims,and other matters in question arising out of,or relating to,the Contract Documents or breach thereof,CONTRACTOR shall carry on the Work and maintain the Project schedule,unless otherwise agreed in writing by CONTRACTOR and OWNER. WAIVER OF CLAIMS: 14.15 The making and acceptance of final payment shall constitute: 14.15.la waiver of all claims by OWNER against CONTRACTOR,except claims arising from unsettled liens,from defective Work or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein;further,it shall not constitute a waiver by OWNER of any rights in respect of CONTRACTOR’S continuing obligations under the Contract Documents;and 14.15.2a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION Of WORK AND TERMINATION OWNER MAY SUSPEND OR TERMINATE WORK: 15.1 OWNER may,at any time and without cause,suspend the Work,or any portion thereof,for a period of not more than ninety days,by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed.CONTRACTOR shall resume the Work on the date so fixed.CONTRACTOR may,at the OWNER’S sole discretion,be allowed an increase in the Contract Price,or an extension of the Contract Time,or both,directly attributable to any suspension,if he makes a claim therefor as provided in the Contract Documents. 15.2 Upon the occurrence of any one or more of the following events,OWNER may terminate the Agreement: (a)if CONTRACTOR is adjudged bankrupt or insolvent; (b)if CONTRACTOR makes a general assignment for the benefit of creditors; (c)if a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR’S property; (d)if CONTRACTOR files a petition to take advantage of any debtor’s act,or to reorganize under the bankruptcy or similar laws; (e)if CONTRACTOR repeatedly fails to supply sufficient skilled workmen,or suitable materials or equipment; (f)if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors,or for labor, materials,or equipment; 34 Exhibit D -Page 35 of 36 (g)if CONTRACTOR disregards laws,ordinances,rules,regulations,or orders of any public body having jurisdiction; (h)if CONTRACTOR disregards the authority of ENGINEER;or (i)if CONTRACTOR otherwise violates,in any substantial way,any provisions of the Contract Documents. OWNER may,after giving CONTRACTOR and his surety seven (7)days written notice, terminate the services of CONTRACTOR,exclude CONTRACTOR from the site,and take possession of the Work and of all CONTRACTOWS tools,appliances,construction equipment, and machinery at the site,and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion),incorporate in the Work all materials and equipment stored at the site,or for which OWNER has paid CONTRACTOR but which are stored elsewhere,and finish the Work as OWNER may deem expedient.In such case,CONTRACTOR shall not be entitled to receive any further payment until the Work is finished.If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work,including compensation for additional professional services,such excess shall be paid to CONTRACTOR.If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER.Such costs incurred by OWNER shall be verified by ENGINEER and incorporated in a change order,but in finishing the Work,OWNER shall not be required to obtain the lowest figure for the Work performed.Contractor shall insert a clause containing the terms of section 15.1 and 15.2 in all contracts or sub-contracts that exceed $10,000. 15.3 Where CONTRACTOR’S services have been so terminated by OWNER,the termination shall not affect any rights of OWNER against CONTRACTOR then existing,or which may thereafter accrue.Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven (7)days written notice to CONTRACTOR and ENGINEER,OWNER may,without cause and without prejudice to any other right or remedy,elect to abandon the Work and terminate the Agreement.In such case,CONTRACTOR shall be paid for all Work executed and expenses sustained through the date of termination.Contractor shall insert a clause containing the terms of this section 15.4 in all contracts or sub-contracts that exceed $10,000. 15.4.1 Upon termination,CONTRACTOR shall promptly deliver to OWNER all shop drawings, Project date and all other information,materials or records relating to the Work performed under the Contract Documents. CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5 If,through no act or fault of CONTRACTOR,the Work is suspended for a period of more than ninety days by OWNER,or under an order of court or other public authority,or ENGINEER fails to act on any application for payment within thirty days after it is submitted,or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due,then CONTRACTOR may,upon seven days written notice to OWNER and ENGINEER,terminate the Agreement and recover from OWNER payment for all Work executed through the date of termination. 35 Exhibit D -Page 36 of 36 ARTICLE 16-INTENTIONALLY OMITTED ARTICLE 17-MISCELLANEOUS GIVING NOTICE: 17.1 Whenever any provision of the Contract Documents requires the giving of written notice,it shall be deemed to have been validly given if delivered in person to the individual,or to a member of the firm,or to an officer of the corporation for whom it is intended,or if delivered at or sent by registered or certified mail,postage prepaid,to the last business address known to the giver of the notice. COMPUTATION OF TIME: 17.2 When any period of time is referred to in the Contract Documents by days,it shall be calendar days and be computed to exclude the first and include the last day of such period.If the last day of any such period falls on a Saturday or Sunday,or on a day made a legal holiday by the law of the applicable jurisdiction,such day shall be omitted from the computation. GENERAL: 17.3 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error,omission or act of the other party or of any of the other party’s employees or agents,or others for whose acts the other party is legally liable,claim shall be made in writing to the other party within a reasonable time of the first observances of such injury or damage. 17.4 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto,and,in particular,but without limitation,the warranties, guarantees,and obligations imposed upon CONTRACTOR by paragraphs 6.31,13.1,13.11, 13.14,14.3,and 15.2,and all of the rights and remedies available to OWNER and ENGINEER thereunder,shall be in addition to,and shall not be construed in any way as a limitation of,any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract,by special warranty or guarantee,or by other provisions of this Agreement and shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty,obligation,right and remedy to which they apply.All representations,warranties, and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. 36 Federal Emergency Management Agency,DHS Exhibit E -Page 1 of 7 §13.36 the current market value or proceeds from sale by the awarding agency’s share of the equipment. (3)In cases where a grantee or sub- grantee fails to take appropriate dis position actions,the awarding agency may direct the grantee or subgrantee to take excess and disposition actions. (1)Federal equipment.In the event a grantee or subgrantee is provided fed erally-owned equipment: (1)Title will remain vested in the Federal Government. (2)Grantees or subgrantees will man age the equipment in accordance with Federal agency rules and procedures. and submit an annual inventory list- jug. (3)When the equipment is no longer needed.the grantee or subgrantee will request disposition instructions from the Federal agency. (g)Right to transfer title.The Federal awarding agency may reserve the right to transfer title to the Federal Govern ment or a third part named by the awarding agency when such a third party is otherwise eligible under exist ing statutes.Such transfers shall be subject to the following standards: (1)The property shall be identified in the grant or otherwise made known to the grantee in writing. (2)The Federal awarding agency shall issue disposition instruction within 120 calendar days after the end of the Federal support of the project for which it was acquired.If the Fed eral awarding agency fails to issue dis position instructions within the 120 calendar-day period the grantee shall follow §13.32(e). (3)When title to equipment is trans ferred.the grantee shall be paid an amount calculated by applying the per centage of participation in the pur chase to the current fair market value of the property. §13.33 Supplies. (a)Title.Title to supplies acquired under a grant or subgrant will vest. upon acquisition.in the grantee or sub- grantee respectively. (b)Disposition.If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate fair market value upon termination or completion of the award,and if the supplies are not needed for any other federally sponsored programs or projects,the grantee or subgrantee shall com pensate the awarding agency for its share. §13.34 Copyrights. The Federal awarding agency re serves a royalty-free,nonexclusive.and irrevocable license to reproduce.pub lish or otherwise use,and to authorize others to use.for Federal Government purposes: (a)The copyright in any work devel oped under a grant.subgrant,or con tract under a grant or subgrant;and (b)Any rights of copyright to which a grantee.subgrantee or a contractor purchases ownership with grant sup port. §13.35 Subawards to debarred and suspended parties. Grantees and subgrantees must not make any award or permit any award (subgrant or contract)at any tier to any party which is debarred or sus pended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549.“Debarment and Suspen sion.” §13.36 Procurement. (a)States.When procuring property and services under a grant,a State will follow the same policies and procedures it uses for procurements from its non- Federal funds.The State will ensure that every purchase order or other con tract includes any clauses required by Federal statutes and executive orders and their implementing regulations. Other grantees and subgrantees will follow paragraphs (b)through (i)in this section. (b)Procurement standards.(1)Grant ees and subgrantees will use their own procurement procedures which reflect applicable State and local laws and regulations.provided that the procure ments conform to applicable Federal law and the standards identified in this section. (2)Grantees and subgrantees will maintain a contract administration system which ensures that contractors perform in accordance with the terms, 131 §13.36 44 CFR Ch.I (10—1—11 Edition) Exhibit E -Page 2 off conditions,and specifications of their contracts or purchase orders. (3)Grantees and subgrantees will maintain a written code of standards of conduct governing the performance of their employees engaged in the award and administration of contracts.No employee,officer or agent of the grant ee or subgrantee shall participate in se lection,or in the award or administra tion of a contract supported by Federal funds if a conflict of interest,real or apparent.would be involved.Such a conflict would arise when: (i)The employee,officer or agent, (ii)Any member of his immediate family, (iii)His or her partner.or (iv)An organization which employs, or is about to employ,any of the above,has a financial or other interest in the firm selected for award.The grantee’s or subgrantee’s officers,em ployees or agents will neither solicit nor accept gratuities,favors or any thing of monetary value from contrac tors,potential contractors,or parties to subagreements.Grantee and sub grantees may set minimum rules where the financial intbrest is not substantial or the gift is an unsolicited item of nominal intrinsic value.To the extent permitted by State or local law or reg ulations,such standards or conduct will provide for penalties.sanctions,or other disciplinary actions for viola tions of such standards by the grant ee’s and subgrantee’s officers,employ ees.or agents,or by contractors or their agents.The awarding agency may in regulation provide additional prohi bitions relative to real,apparent.or potential conflicts of interest. (4)Grantee and subgrantee proce dures will provide for a review of pro posed procurements to avoid purchase of unnecessary or duplicative items. Consideration should be given to con solidating or breaking out procure ments to obtain a more economical purchase.Where appropriate,an anal ysis will be made of lease versus pur chase alternatives,and any other ap propriate analysis to determine the most economical approach. (5)To foster greater economy and ef ficiency,grantees and subgrantees are encouraged to enter into State and local intergovernmental agreements for procurement or use of common goods and services. (6)Grantees and subgrantees are en couraged to use Federal excess and sur plus property in lieu of purchasing new equipment and property whenever such use is feasible and reduces project costs. (7)Grantees and subgrantees are en couraged to use value engineering clauses in contracts for construction projects of sufficient size to offer rea sonable opportunities for cost reduc tions.Value engineering is a system atic and creative analysis of each con tract item or task to ensure that its es sential function is provided at the overall lower cost. (8)Grantees and subgrantees will make awards only to responsible con tractors possessing the ability to per form successfully under the terms and conditions of a proposed procurement. Consideration will be given to such matters as contractor integrity,com pliance with public policy,record of past performance,and financial and technical resources. (9)Grantees and subgrantees will maintain records sufficient to detail the significant history of a procure ment.These records will include,but are not necessarily limited to the fol lowing:rationale for the method of procurement,selection of contract type,contractor selection or rejection, and the basis for the contract price. (10)Grantees and subgrantees will use time and material type contracts only— (i)After a determination that no other contract is suitable,and (ii)If the contract includes a ceiling price that the contractor exceeds at its own risk. (11)Grantees and subgrantees alone will be responsible.in accordance with good administrative practice and sound business judgment,for the settlement of all contractual and administrative issues arising out of procurements. These issues include,but are not lim ited to source evaluation,protests,dis putes.and claims.These standards do not relieve the grantee or subgrantee of any contractual responsibilities under its contracts.Federal agencies will not substitute their judgment for 132 Federal Emergency Management Agency,DHS Exhibit E -Page 3 of 7 §13.36 that of the grantee or subgrantee un less the matter is primarily a Federal concern.Violations of law will be re ferred to the local.State.or Federal authority having proper jurisdiction. (12)Grantees and subgrantees will have protest procedures to handle and resolve disputes relating to their pro curements and shall in all instances disclose information regarding the pro test to the awarding agency.A protestor must exhaust all administra tive remedies with the grantee and sub- grantee before pursuing a protest with the Federal agency.Reviews of pro tests by the Federal agency will be lim ited to: (i)Violations of Federal law or regu lations and the standards of this sec tion (violations of State or local law will be under the jurisdiction of State or local authorities)and (ii)Violations of the grantee’s or sub- grantee’s protest procedures for failure to review a complaint or protest.Pro tests received by the Federal agency other than those specified above will be referred to the grantee or subgrantee. (c)Competition.(1)All procurement transactions will be conducted in a manner providing full and open com petition consistent with the standards of section 13.36.Some of the situations considered to be restrictive of competi tion include but are not limited to: (i)Placing unreasonable require ments on firms in order for them to qualify to do business. (ii)Requiring unnecessary experience and excessive bonding. (iii)Noncompetitive pricing practices between firms or between affiliated companies, (iv)Noncompetitive awards to con sultants that are on retainer contracts. (v)Organizational conflicts of inter est. (vi)Specifying only a ‘brand name” product instead of allowing an equal product to be offered and describing the performance of other relevant re quirements of the procurement.and (vii)Any arbitrary action in the pro curement process. (2)Grantees and subgrantees will conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in-State or local geographical preferences in the evaluation of bids or proposals.except in those cases where applicable Federal statutes expressly mandate or encour age geographic preference.Nothing in this section preempts State licensing laws.When contracting for architec tural and engineering (A E)services, geographic location may be a selection criteria provided its application leaves an appropriate number of qualified firms,given the nature and size of the project.to compete for the contract. (3)Grantees will have written selec tion procedures for procurement trans actions.These procedures will ensure that all solicitations: (i)Incorporate a clear and accurate description of the technical require ments for the material,product.or service to be procured.Such descrip tion shall not,in competitive procure ments.contain features which unduly restrict competition.The description may include a statement of the quali tative nature of the material,product or service to be procured,and when necessary.shall set forth those min imum essential characteristics and standards to which it must conform if it is to satisfy its intended use.De tailed product specifications should be avoided if at all possible.When it is impractical or uneconomical to make a clear and accurate description of the technical requirements,a “brand name or equal”description may be used as a means to define the performance or other salient requirements of a pro curement.The specific features of the named brand which must be met by offerors shall be clearly stated:and (ii)Identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. (4)Grantees and subgrantees will en sure that all prequalified lists of per sons,firms.or products which are used in acquiring goods and services are cur rent and include enough qualified sources to ensure maximum open and free competition.Also.grantees and subgrantees will not preclude potential bidders from qualifying during the so licitation period. (d)Methods of procurement to be fol towed—(1)Procurement by small purchase procedures,Small purchase procedures 133 Exhibit E -Page 4 of 7 §13.36 44 CFR Ch.I (10—1—11 Edition) are those relatively simple and infor mal procurement methods for securing services,supplies,or other property that do not cost more than the sim plified acquisition threshold fixed at 41 U.s.c.403(11)(currently set at $100,000). If small purchase procedures are used, price or rate quotations shall be ob tained from an adequate number of qualified sources. (2)Procurement by seated bids (for mal advertising).Bids are publicly so licited and a firm-fixed-price contract (lump sum or unit price)is awarded to the responsible bidder whose bid,con forming with all the material terms and conditions of the invitation for bids,is the lowest in price.The sealed bid method is the preferred method for procuring construction,if the condi tions in §13.36(d)(2)(i)apply. (i)In order for sealed bidding to be feasible,the following conditions should be present: (A)A complete,adequate,and real istic specification or purchase descrip tion is available; (B)Two or more responsible bidders are willing and able to compete effec tively and for the business;and (C)The procurement lends itself to a firm fixed price contract and the selec tion of the successful bidder can be made principally on the basis of price. (ii)If sealed bids are used,the fol lowing requirements apply: (A)The invitation for bids will be publicly advertised and bids shall be solicited from an adequate number of known suppliers,providing them suffi cient time prior to the date set for opening the bids: (B)The invitation for bids,which will include any specifications and per tinent attachments,shall define the items or services in order for the bidder to properly respond; (C)All bids will be publicly opened at the time and place prescribed in the in vitation for bids: (D)A firm fixed-price contract award will be made in writing to the lowest responsive and responsible bidder. Where specified in bidding documents. factors such as discounts,transpor tation cost,and life cycle costs shall be considered in determining which bid is lowest.Payment discounts will only be used to determine the low bid when prior experience indicates that such discounts are usually taken advantage of;and (B)Any or all bids may be rejected if there is a sound documented reason. (3)Procurement by competitive pro posats.The technique of competitive proposals is normally conducted with more than one source submitting an offer,and either a fixed-price or cost- reimbursement type contract is award ed.It is generally used when conditions are not appropriate for the use of sealed bids.If this method is used,the following requirements apply: (i)Requests for proposals will be pub licized and identify all evaluation fac tors and their relative importance.Any response to publicized requests for pro posals shall be honored to the max imum extent practical; (ii)Proposals will be solicited from an adequate number of qualified sources: (iii)Grantees and subgrantees will have a method for conducting tech nical evaluations of the proposals re ceived and for selecting awardees; (iv)Awards will be made to the re sponsible firm whose proposal is most advantageous to the program,with price and other factors considered;and (v)Grantees and subgrantees may use competitive proposal procedures for qualifications-based procurement of architectural/engineering (A/E)profes sional services whereby competitors’ qualifications are evaluated and the most qualified competitor is selected, subject to negotiation of fair and rea sonable compensation.The method, where price is not used as a selection factor,can only be used in procure ment of A/E professional services.It cannot be used to purchase other types of services though A/E firms are a po tential source to perform the proposed effort. (4)Procurement by noncompetitive proposats is procurement through solic itation of a proposal from only one source,or after solicitation of a num ber of sources,competition is deter mined inadequate. (i)Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures.sealed bids 134 Federal Emergency Management Agency,DHS Exhibit E -Page 5 off §13.36 or competitive proposals and one of the following circumstances applies: (A)The item is available only from a single source: (B)The public exigency or emergency for the requirement will not permit a delay resulting from competitive solic itation: (C)The awarding agency authorizes noncompetitive proposals:or (D)After solicitation of a number of sources,competition is determined in adequate. (ii)Cost analysis.i.e.,verifying the proposed cost data,the projections of the data.and the evaluation of the spe cific elements of costs and profits,is required. (iii)Grantees and subgrantees may be required to submit the proposed pro curement to the awarding agency for pre-award review in accordance with paragraph (g)of this section. (e)Contracting with small and minority firms,women’s business enterprise and labor surplus area firms.(1)The grantee and subgrantee will take all necessary affirmative steps to assure that minor ity firms,women’s business enter prises.and labor surplus area firms are used when possible. (2)Affirmative steps shall include: (i)Placing qualified small and minor ity businesses and women’s business enterprises on solicitation lists: (ii)Assuring that small and minority businesses,and womens business en terprises are solicited whenever they are potential sources; (iii)Dividing total requirements. when economically feasible,into small er tasks or quantities to permit max imum participation by small and mi nority business,and women’s business enterprises; (iv)Establishing delivery schedules. where the requirement permits,which encourage participation by small and minority business.and women’s busi ness enterprises: (v)Using the services and assistance of the Small Business Administration. and the Minority Business Develop ment Agency of the Department of Commerce:and (vi)Requiring the prime contractor. if subcontracts are to be let,to take the affirmative steps listed in para graphs (e)(2)(i)through (v)of this sec tion. (f)Contract cost and price.(1)Grant ees and subgrantees must perform a cost or price analysis in connection with every procurement action includ ing contract modifications.The meth od and degree of analysis is dependent on the facts surrounding the particular procurement situation.but as a start ing point.grantees must make inde pendent estimates before receiving bids or proposals.A cost analysis must be performed when the offeror is required to submit the elements of his esti mated cost,e.g.,under professional. consulting,and architectural engineer ing services contracts.A cost analysis will be necessary when adequate price competition is lacking.and for sole source procurements,including con tract modifications or change orders, unless price resonableness can be es tablished on the basis of a catalog or market price of a commercial product sold in substantial quantities to the general public or based on prices set by law or regulation.A price analysis will be used in all other instances to deter mine the reasonableness of the pro posed contract price. (2)Grantees and subgrantees will ne gotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable prof it.consideration will be given to the complexity of the work to be per formed.the risk borne by the con tractor,the contractor’s investment, the amount of subcontracting.the quality of its record of past perform ance,and industry profit rates in the surrounding geographical area for similar work. (3)Costs or prices based on estimated costs for contracts under grants will be allowable only to the extent that costs incurred or cost estimates included in negotiated prices are consistent with Federal cost principles (see §13.22). Grantees may reference their own cost principles that comply with the appli cable Federal cost principles. (4)The cost plus a percentage of cost and percentage of construction cost methods of contracting shall not be used. 135 §13.36 44 CFR Ch.I (10—1—11 Edition) Exhibit E Page 6 of 7 (g)Awarding agency review.(1)Grant ees and subgrantees must make avail able,upon request of the awarding agency,technical specifications on pro posed procurements where the award ing agency believes such review is needed to ensure that the item andlor service specified is the one being pro posed for purchase.This review gen erally will take place prior to the time the specification is incorporated into a solicitation document.However,if the grantee or subgrantee desires to have the review accomplished after a solici tation has been developed,the award ing agency may still review the speci fications,with such review usually lim ited to the technical aspects of the pro posed purchase. (2)Grantees and subgrantees must on request make available for awarding agency pre-award review procurement documents.such as requests for pro posals or invitations for bids,inde pendent cost estimates.etc.when: (i)A grantee’s or subgrantee’s pro curement procedures or operation fails to comply with the procurement stand ards in this section;or (ii)The procurement is expected to exceed the simplified acquisition threshold and is to be awarded without competition or only one bid or offer is received in response to a solicitation; or (iii)The procurement,which is ex pected to exceed the simplified acquisi tion threshold,specifies a “brand name”product;or (iv)The proposed award is more than the simplified acquisition threshold and is to be awarded to other than the apparent low bidder under a sealed bid procurement:or (v)A proposed contract modification changes the scope of a contract or in creases the contract amount by more than the simplified acquisition thresh old. (3)A grantee or subgrantee will be exempt from the pre-award review in paragraph (g)(2)of this section if the awarding agency determines that its procurement systems comply with the standards of this section. (i)A grantee or subgrantee may re quest that its procurement system be reviewed by the awarding agency to de termine whether its system meets these standards in order for its system to be certified.Generally,these re views shall occur where there is a con tinuous high-dollar funding,and third- party contracts are awarded on a reg ular basis. (ii)A grantee or subgrantee may self- certify its procurement system.Such self-certification shall not limit the awarding agency’s right to survey the system.Under a self-certification pro cedure,awarding agencies may wish to rely on written assurances from the grantee or subgrantee that it is com plying with these standards.A grantee or subgrantee will cite specific proce dures,regulations,standards,etc.,as being in compliance with these require ments and have its system available for review. (h)Bonding requirements.For con struction or facility improvement con tracts or subcontracts exceeding the simplified acquisition threshold,the awarding agency may accept the bond ing policy and requirements of the grantee or subgrantee provided the awarding agency has made a deter mination that the awarding agency’s interest is adequately protected.If such a determination has not been made,the minimum requirements shall be as follows: (1)A bid guarantee from each bidder equivalent to five percent of the bid price. The “bid guarantee”shall consist of a firm commitment such as a bid bond. certified check,or other negotiable in strument accompanying a bid as assur ance that the bidder will,upon accept ance of his bid,execute such contrac tual documents as may be required within the time specified. (2)A performance bond on the part of the contractor for 100 percent of the con tract price.A “performance bond”is one executed in connection with a con tract to secure fulfillment of all the contractor’s obligations under such contract. (3)A payment bond on the part of the contractor for 100 percent of the contract price.A “payment bond”is one exe cuted in connection with a contract to assure payment as required by law of all persons supplying labor and mate rial in the execution of the work pro vided for in the contract. 136 Federal Emergency Management Agency,DHS Exhibit E -Page 7 of 7 §13.37 (i)Contract provisions.A grantee’s and subgrantee’s contracts must con tain provisions in paragraph (i)of this section.Federal agencies are permitted to require changes.remedies,changed conditions.access and records reten tion.suspension of work,and other clauses approved by the Office of Fed eral Procurement Policy. (1)Administrative,contractual,or legal remedies in instances where con tractors violate or breach contract terms.and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified ac quisition threshold) (2)Termination for cause and for convenience by the grantee or sub- grantee including the manner by which it will be effected and the basis for set tlement.(All contracts in excess of $10,000) (3)Compliance with Executive Order 11246 of September 24,1965,entitled •‘Equal Employment Opportunity,”as amended by Executive Order 11375 of October 13,1967.and as supplemented in Department of Labor regulations (41 CFR chapter 60).(All construction con tracts awarded in excess of $10,000 by grantees and their contractors or sub grantees) (4)Compliance with the Copeland “Anti-Kickback”Act (18 U.S.C.874)as supplemented in Department of Labor regulations (29 CFR Part 3).(All con tracts and subgrants for construction or repair) (5)Compliance with the Davis-Bacon Act (40 U.S.C.276a to 276a-7)as supple mented by Department of Labor regu lations (29 CFR part 5).(Construction contracts in excess of $2000 awarded by grantees and subgrantees when re quired by Federal grant program legis lation) (6)Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000.and in excess of $2500 for other contracts which involve the employ ment of mechanics or laborers) (7)Notice of awarding agency re quirements and regulations pertaining to reporting. (8)Notice of awarding agency re quirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9)Awarding agency requirements and regulations pertaining to copy rights and rights in data. (10)Access by the grantee.the sub grantee.the Federal grantor agency. the Comptroller General of the United States.or any of their duly authorized representatives to any books.docu ments,papers.and records of the con tractor which are directly pertinent to that specific contract for the purpose of making audit,examination,ex cerpts.and transcriptions. (11)Retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed. (12)Compliance with all applicable standards,orders,or requirements issued under section 306 of the Clean Air Act (42 U.S.C.1857(h)),section 508 of the Clean Water Act (33 U.S.C.1368), Executive Order 11738.and Environ mental Protection Agency regulations (40 CFR part 15).(Contracts.sub contracts.and subgrants of amounts in excess of $100,000) (13)Mandatory standards and policies relating to energy efficiency which are contained in the state energy conserva tion plan issued in compliance with the Energy Policy and Conservation Act (Pub.L.94-163,89 Stat.871). [53 FR 8078.8087,Mar.11.1988.as amended at 60 FR 19639,19645,Apr.19.1995] §13.37 Subgrants. (a)States.States shall follow state law and procedures when awarding and administering subgrants (whether on a cost reimbursement or fixed amount basis)of financial assistance to local and Indian tribal governments.States shall: (1)Ensure that every subgrant in cludes any clauses required by Federal statute and executive orders and their implementing regulations; (2)Ensure that subgrantees are aware of requirements imposed upon them by Federal statute and regula tion; 137 CREEKPROJECT———I————I————STONEFLOODHAZARDMITIGATIONINDEXOFSHEETSDRAWINGDESCRIPTIONCOVERSHEETGENERALNOTESSITEAERIALSURVEY/HORIZONTALCONTROL—SITE1&2SURVEY/HORIZONTALCONTROL—SITE3,4&5DEMOLITIONPLAN—SITE1&2DEMOLITIONPLAN—SITE3&4GRADINGPLAN—SITE1&2GRADINGPLAN—SITE3GRADINGPLAN—SITE4&5PROFILES—iPROFILES—2SHEETNO.234567691011Exhibi-Page1of20SHEETNo.7knowwhat’sbelow.Callbeforeyoudig.APRIL2013EAGLECOUNTY,COLORADORELEASEFORBIDIIIHOLLANDSPONDDIVERSIONSTRUCTUREUPPERCREEKOVERFLOWDIVERSIONSTRUCTURE&TROUTPONDOUTLETSTRUCTUREEROSIONCONTROLPLAN—SITE1&2EROSIONCONTROLPLAN—SITE3,4&5EROSIONCONTROLDETAILSIEROSIONCONTROLDETAILSIIEROSIONCONTROLDETAILSIIIDETAILSPLANSET#121314PROJECTLOCATIONS;,_,IIIT————0VICINITYMAPSCALE.NT.S505TH——5——I‘IEEIIIII.REFERENCEIIISHEETKEYSEALDRAWINGSIIIEAGLECOUNT,’STONECREEKs-S,-Ms.ThoIIIENGINEERINGDEPARTMENT.,N,_CLIIIjIOOP.O.BOx850FLOODHAZARDMITIGATIONPROJECTx-eDG223AIII500BROADWAYEAGLE,COLORADO81631EAGLECOUNTY,COLORADONo.IDATEDESCRIPTIONBYREVISIONStREI’AREDLAY•COVERSHEETCOMPUTERFILEMANAGEMENTFILENAME08053002(StoneCreekFloodplasn)IdwglConslruclionlCnverSheetdy,,9J4,attIXFORANDONBEHALFOFDESIGNEDBYRCAISCALEDATEIsSUEDAPRIL,2013IDRAWINGNDCTBFILE.--MATRIXDESIGNGROUP,INC.DRAWNBYLDZIHORIL-PLOTOA3E6/20133,30PMPROJECTND08093.002CHECKEDBYR<IVEST.-SHEETIOF20jThISDRAWINGISCURRENTASOFPLOrDArEANDMAYBESUssECrroCHANGEDESIGNGROUPLOCATIONMAPSCALE1—250’ 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ExhibitF“age12of20SHEETNo.72Knowwhatsbelow.Callbeforeyoudig.7;;;605-J0z.,..,,.-,,,Si..+,_..7600—-‘--76000<...,..,..DIVERSIONWEIRWLflWCRESTEL,7593.5—.,_.—EXIS11NGGRADE7595—--—./75957590t5=001\_PROPDSEDTHALWEG590—LINEBASINSLIPESW1Th7585--240—EOIIUIER——-—---no57580—-—75807570‘57517*0018*00PROFILESITE3CHANNEL19*0019*11REFERENCEDRAWINGSOG-Su*ey-GIS.ThpoEAGLECOUNTYENGINEERINGDEPARTMENTP.O.BOX850500BROADWAYEAGLE,CDLDRADD81631I’REPAIWDBYMatrixeDESIGNGROUPSEALSTONECREEKFLOODHAZARDMITIGATIONPROJECTEAGLECOUNTY,COLORADOPROFILES-2FORANDON6EHALFOFDESIGNEDBYHTHSCALEDATEISSUEDMATRIXDESIGNGROUP.INC.DRAWNBYCDZ00HZl’=lDPROJECTNo.09.093.002CHECKEDBYHtKVERY.r=IDSHEET1,,CCFILENAI50I0B.093002(StoneCreekFloodplain)IdwglCnnstructionlPmfiles-2.dwgCTBFILEi—PLOTDAE.€5/20121040AMrArsDRAWINGIS005flFNtASOFPLOYDATEANDMAYBESUBJECTEDCOARSESEPT2012DRAWINGND120F2012 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NOTE:LAYOUTPT.N:1650963.07E:2722642.69REINFORCEMENTSHALLFOLLOWCDOTM—6O—12.CONTRACTORTOSETLIOFLUSHWITHCROUNOSURFACETOPOFBOXTROUTPONDJUNCTIONBOXPROFILEExhibitFge14of20SHEETNo.14Knowwhatsbelow.Callbeforeyoudig.-LAYOUTPT.N:1650952.12E:2722646.5624”X24”ALUMINUMSLIOEGATEWITHMANUALOPERATORCLOSEMESHGRATEPERCOOTM—6O4—ONOTES:SLIOEGATESHALLBEROONEYHUNT761ALUMINUMFLATFRAMEAPERTUREMOUNTINGWEIRGATEOREQUIVALENT.“MATCHEXISTPIPEINVERTELEV.EAGLECOUNTYENGINEERINGDEPARTMENTPD.BOX950500BROADWAYEAGLE,COLORADO81637STONECREEKFLOODHAZARDMITIGATIONPROJECTEAGLECOUNTY,COLORADODIVERSIONSTRUCTURE-2&TROUTPONDOUTLETSTRUCTUREFORANDONBEHALFOFDESIGNEECEHERSOMESATEISSUEDSEPT.2012ERAWINGNDMATRIXDESIGNGROUP,INC.ERAWNOVLDZHORIZ.N,’APROJECTNo08.093.602CHECHEDBV-RLKVERASHEET14SF20CAEXIST.L2”CMPRNG&COVERCMP.240MANHOLERING&COVERCPLANTOPOFBOXEL.64.00EXIST.INV.EL.58.09TOPOFBOXEL.7662.50NV.OUT:7658.20SECTIONAEXIST.CONCRETEPOND42”CMPJUNCTIONOUTLETBOXSTRUCTURETROUTPONDJUNCTIONBOXonzSPOTELEVATIONSWonIon76XX.XTYP,IZ57”x38”CMP100YRWSQ=100CFS100YRWS0=150CFSGRADE1EXIST1NCGRADERESETEXIS17NGBOULDERS(12—20)(d5O=18+)W=20+24”X24”ALUMINUMSLIDEGATEWITHMANUALOPERATOR*PLANREFERENCEDRAWINGSPROFILE—UPPERCREEKCLM0GZbS4CLOSEMESHGRATEPERCOOTM—6O4—1OOVERFLOWSTRUCTURENEWBOULDERS(6)(d5o=36”)57”x38”CMP12”12”SECTIONBSECTIONCNo.DATEDESCRIPTIONBYREVISIONSCOMPUTERFILEMANAGEMENTSHEETKEYFILENA9I08.093002(StoneCreekFIoodpIaIn)IdWglC005tn000IoolUpperCreekOverfloWStructure&TroutPondOutletStructure.dwgCTBPILEI—PLOTDA9E5I207270.35AMmlSDRAWINGISE000ENrAsoppoorOGrEANDMAVOCSUOJEETTOCHANGEEAGtECUN”I’TROUTPONDOUTLETSTRUCTURESEALt’lt.Et’ARE0)BY.MatrixDESIGNGROUP rpROPOSEDPROJECT////BOUNDARY-4-irExhibittPage15of20SHEETNo.16Knowwhat’sbelow.Callbeforeyoudig.ISITEI20•002040SCALEINFEETORIGINALSCALELEGEND‘77‘‘/aSCLSEDIMENTCONTROLLOGSFSILTFENCEVICVEHICLETRACKINGPADECBEROSIONCONTROLBLANKETROCKCHECKDAMSTBSTRAWBALEBARRIEREXISTINGGRADECONTOURSseooFINISHEDGRADECONTOURSSITE23003060SCALEINFEETORIGINAl.SCALESEALSHEETKEYREFERENCESTONECREEKEAGLECOUNTYDRAWINGSIENGINEERINGDEPARTMENTCMOYE:I500BROADWAYEAGLECOUNTY,COLORADOEUrOVRCMOThERSXJEU.EERoWEYENoDATEDESCRIPTIONBYP0BOX850FLOODHAZARDMITIGATIONPROJECTEAGLE,COLORADO81631REVISIONSI’REIARLDEYEROSIONCONTROLPLANSITE1&SITE2FILENAAPl08,O93002(SloneCreEkFloodplain)IdwglConslroctioolEmsionControlPlan-SiteI&2dWgCOMPUTERFILEMANAGEMENTtfatt’IXjjjFORANDONBEfrIALFOFDESIGNEDSTHTHISCALEDAZEISSUEDSEPT20L2I000WINGNoCThFILE--PLOTDAEB5f2OI2843AMDESIGNGROUPMATRIXDESIGNGROUP,INC.DRAWNBY102[Rt2.1YE0’I15INSMBAWLNGNc000EnrASC’ELSrEAWANNMAYBESUBJECTTVCHANGEPROJECTNo08093.002CUEC6606YOLEIVERYl-’SHEET5OF20 CD U) CD CD > CD CD CD 0z -H 0 C 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NPDESNOTESTHECONTRACTORSHALLREMOVEALLSEDIMENT,MUO,ANDCONSTRUCTIONDEBRISTHATMAYACCUMULATEINTHEFLOWLINESANDPUBLICRIGHTSOFWAYSASARESULTOFTHISCONSTRUCTIONPROJECT.SAIDREMOVALSHALLBECONDUCTEDINATIMELYMANNER,ORASDIRECTEDBYTHEENGINEER.2.THECONTRACTORSHALLBEHELDRESPONSIBLEFORREMEDIATIONOFANYADVERSEIMPACTSTOADJACENTWATERWAYS,WETLANDS,ETC.,RESULTINGFROMWORKDONEASPARTOFTHISPROJECT.2a.THECONTRACTORSHALLPREVENTSEDIMENT,DEBRISANDALLOTHERPOLLUTANTSFROMENTERINGTHEDRAINAGESYSTEMDURINGALLDEMOLITION,EXCAVATION,TRENCHING,BORING,GRADINGOROTHERCONSTRUCTIONOPERATIONSTHATAREPARTOFTHISPROJECT.3.ALAYEROFSUITABLEMULCHSHALLBEAPPLIEDTOALLDISTURBEDPORTIONSOFTHESITEVATHIN14DAYSOFThECOMPLETIONOFGRADING.SAIDMULCHSHALLBEAPPLIEDATARATEOF2TONSPERACREANDSHALLBETACKEDORFASTENEDBYANAPPROVEDMETHODSUITABLEFORTHETYPEOFMULCHUSED.SEED,COMPRISEDOFANNUALRYE,SHALLBEAPPLIEDATARATEOF4—6lB/bOOFT.4.THECONTRACTORSHALLLOCATE,INSTALL,ANDMAINTAINALLEROSIONCONTROLANDWATERDUALITY“BESTMANAGEMENTPRACTICES”ASINOICATEDINTHEAPPROVEDCONSTRUCTIONACTIVITIESSTORMWATERMANAGEMENTPLAN.5.THECONTRACTORSHALLINSURETHATALLLOADSOFCUTANDFILLMATERIALIMPORTEDTOOREXPORTEDFROMTHISSITESHALLBEPROPERLYCOVEREDTOPREVENTLOSSOFTHEMATERIALDURINGTRANSPORTWIThINPUBLICRIGHTSOFWAY.6.THEUSEOFREBAR,STEELSTAKES,ORSTEELFENCEPOSTSTOSTAKEDOWNSTRAWORHAYBALES;ORTOSUPPORTSILTFENCINGUSEDASANEROSIONCONTROLMEASURE;ISPROHIBITED.THEUSEOFOSHAAPPROVEDCOLOREDWARNINGCAPSONREBARORFENCEPOSTSUSEDWiTHEROSIONCONTROLMEASURESISNOTACCEPTABLE.7.SOILSTHATWILLBESTOCKPILEDFORMORETHAN30DAYSSHALLBEMULCHEDANDSEEDEDWITHATEMPORARYGRASSCOVERWITHIN14DAYSOFSTOCKPILECONSTRUCTION.IFSTOCKPILESARELOCATEDWITHIN100FEETOFADRAINAGEWAY,ADDITIONALSEOIMENTCONTROLSSUCHASTEMPORARYDIKESORSILTFENCESHALLBEREOUIREO.6.APPROVEDEROSIONANDSEDIMENTCONTROL“BESTMANAGEMENTPRACTICES”SHALLBEMAINTAINEDANDKEPTINGOODREPAIRFORTHEDURATIONOFTHISPROJECT.ATAMINIMUM,THECONTRACTORSHALLINSPECTALLBMP’SWEEKLYANDAFTERSIGNIFICANTPRECIPITATIONEVENTS.ALLNECESSARYMAINTENANCEANDREPAIRSHALLBECOMPLETEDINATIMELYMANNER.ACCUMULATEDSEDIMENTANDDEBRISSHALLBEREMOVEDFROMABMPWHENTHESEDIMENTLEVELREACHESONE—HALFTHEHEIGHTOFTHEBMP,OR,ATANYTIMETHATSEOIMENTORDEBRISADVERSELYIMPACTSTHEFUNCTIONINGOFTHEBMP.9.UNLESSCONFINEDINAPREOEFINEO,BERMEDCONTAINMENTAREA,THECLEANINGOFCONCRETETRUCKDELIVERYCHUTESISPROHIBITEDATTHEJOBSITE.THEDISCHARGEOFWATERCONTAININGWASTECEMENTTOTHESTORMSEWERSYSTEMISPROHIBITED.10.THECONTRACTORSHALLPROTECTALLSTORMSEWERFACILITIESADJACENTTOANYLOCATIONWHEREPAVEMENTCUTTINGOPERATIONSINVOLVINGWHEELCUTTING,SAWCUTTINGORABRASIVEWATERJETCUTTINGARETOTAKEPLACE.THECONTRACTORSHALLREMOVEANDPROPERLYDISPOSEOFALLWASTEPRODUCTSGENERATEDBYSAIDCUTTINGOPERATIONSONADAILYBASIS.THEDISCHARGEOFANYWATERCONTAMINATEDBYWASTEPRODUCTSFROMCUTTINGOPERATIONSTOTHESTORMSEWERSYSTEMISPROHIBITED.11.CONTRACTORRESPONSIBLEFORFIRESAFETY.1.SetPosts3.AttachFilterMaterialtopastsorinsertSewnPacketsaverpastsandextenditintothetrench.REFERENCESHEETKEYSEALNDRAWINGSIIIEAGLECGUNTYSTONECREEKENGINEERINGGEPARTMENTpa.saxassFLOODHAZARDMITIGATIONPROJECTUSJJ’54I.500BRGADWAYEAGLECOUNTY,COLORADOEAGLE,CGLGRAGGalEsiNa.OATEDESCRIPTIONBYREVISIONSI’EG’,sxosmYEROSIONCONTROLDETAILSIFILENA5WIO8.093002(SleeeCreekFloodplaio)IdwglCenslmekenlErsnieeCentralDetailsI.da’gCOMPUTERFILEMANAGEMENT£4atrixjjjJFaRANDGN9EHFDFDESWSEDHE4THSCALEDATEISSUEDSEPT2L12IDRAWiNGNoCEAFILE--.MATRIXDESIGNGRaSP,INC.DRAWSST102RAPIDFLaTGAEE5/2512946AMDESIGNGROUPPRGJECTNo.xe093.002CHECKEDHEPLCKEPT..SHEET$7GE2017mSDRAWLS5CUHOEPTAS50PLOTDATEANDDATHESUBJECTToORANGE1.C.CExhibit)Page17of202.Excavatea4”x4”Trenchupsiapealongthelineatuprights.%jj34.4.FinishedSectian.SHEETNo.18Knowwhat’sbelow.Callbeforeyoudig.I,WoodPastsFilterFabric,AttachRunoffSILTFENCENOTTOSCALETRENCHEXCAVATION—NTS—LB.5WAWBALE,sbO.50STRAWBALEINSTALLATIONSPACINGBETWEENCHECKDAMSrL°1,,,r—2”x2”STAKEDTE”ROCKCHECKDAMNOTTOSCALE—NTS—SECTION—NTS—EROSIONCONTROLMEASURESSHALLBEMAINTAINEDUNTILLANDSCAPINGISCOMPLETED,ORASDIRECTEDDYLOCALJURISDICTIONSTRAWBALEEROSIONBARRIERNOTTOSCALE 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CC$M-4VehicleTrackingControl(VTC)sr’auzEDCONSFRUCPONCWR*NCC/EOtINrI.aATIONNOTES1.SEEPLANvirwfOR—LOCATiONOFCONSTRUCTIONNTRA4CEfS)/EXff(5),—TYPEOFCONSTRUCTIONENTR#NE(S)/EXITS(S(WiN/WiTHOuTWhEELISH,CONSTRUCTONMATORTM),2.CONSTRUCTIONMATORTRMSTABILIZEDCONSTRUCTIONENTRANCESAREONLY10BEUSEDONSHORTDURATIONPROJECTS(TT1ICAUYRANGINGFROMAWEEKTOAMONTH.)WHERETHEREWillBELIMITEDVEHICULARACCESS.3.ASTABILIZEDCONStRUCTIONENTRANCE/EXITSHALLBELOCATEDATALLFCESSPOINTSWHEREVEHICLESACCESSTHECONSTRUCTIONSITEFROMPAVEDRIGHT—OF—WAYS.4.STABiliZEDCONSTRUCTIONENTRANCE/ElTSHALLBEINSTALLEDPRICRTOANYLANDDISTURBINGACTIVITIES.5.ANON—WOVENGEOTEXTR.EFABRICSHALLBEPLACEDUNDERT1STUZEOCONSTRUCTIONENTRANCE/EXITPRIORTOTHEPLACEMENTOlROCK.6.UNLESSOtHERWISESPECIFIEDBYLOCALJU9ISOICflON,ROC$(SHALLCONSISTOFQOTSECtp,A.SiiTOCOARSEAGGREGATEORc(Mff’iJS)ROCK.STABIU2EOCONStRUCTiONENRANCE/EXITMAINTENANCENOTESVTC—1.AGGREGATEVEHICLETRACKINGCONTROLVTC-6UrbanDrainageandFloodControlDistrictUrbanStormDrainageCriteriaManualVolume3November2010November2010UrbanDrainageandFloodControlDistrictUrbanStormDrainageCriteriaManualVolume3VTC-3SEALREFERENCESHEETKEYEAGLECOUNTYSTONECREEKENGINEERINGDEPARTMENTDRAWINGSPD.BOX850FLOODHAZARDMITIGATIONPROJECT550BROADWAYEAGLECOUNTY,COLORADOEAGLE,COLORADO81631ilEDATEDESCRIPTIONBYREVISIONS‘REPAREI)SYEROSIONCONTROLDETAILSIIIFILENAN’t08.0930O2(StoneCreekFloodplain)IdwglConslructionlEnsionControlDetailstIlde,gCOMPUTERFILEMANAGEMENTFJ1IEEUNYfiattIX1[p[j]FORANDONBEHALFOFDESIGNEDBYHTHSCALEDATEISSUEDSEPT.2012IDRUW’NGNOCTBFILE-’—MATRIXDESIGNGROUP,INC.DRAWNAVLDzHORZ-PLOTOAEQI/2012215PMDESIGNGROUPPROJECTNo.08093.002CHECKEDBYRLKVERT-SHEETIAOF2019-o:SDRAWINGiscURRENTASOFPLOTCATEWILDMAYBESURJEETTOCY.ANGECExhibitrPage19of20VehicleTrackingControl(VTC)$M-4SHEETNo.19Knowwhat’sbelow.Callbeforeyoudig,20FOOT(!MDTHCANBELESSIFCONST.VENCLESAREPHYSICALLYCOTFlNEDONBOTHSIDES)SIDEWALKORDiNERPAVEDSURFACE11SPECTBMPeEACHWORKDAY.ANDMAINTAINTHEMINEFFECTIVEOPERATINGCONDITiON.ft&ANTEtIAI4CEOFBMPSHOULDBEPROACflVE1NOTREACTIVE.INSPECTBMPASSOONASPOSSIBLE(ANDALWAYSWITHIN24HOURS)FOLLOWINGASTORMTHATCAUSESSURFACEEROSION,ANDPERIOftMNECESSPYMAINTENANCE.2FREQUENTOBSERVATIONSANDMAINTENANCEARENECESSARYTOMAINTAINBMRINEFFECTIVEOPERATINGCONDITION,INSPECTIONSANDCORRECTrfEMEASURESSHOULDSEDODUWENTEDTHOROUGHLY.3.WHEREBMP3HAVEFAiLED.REPAIRORREPLACEMENTSHOULDBEINITIATEDUPONDISCOVERYOFTHEFAILURE.4.ROCKSNALLBEREA?PLIEDORREGRADEDASNECESSARYTOTHESIABIUZEDENTRANCE/EXITTOMiNTAlNACONSISTENTDEPTH,5.SEDIMENTTRACKEDONTOPAIEDROADSISTOBEREMOVEDTHROUGHOUTTHEDAYANDAtTHEENDOFTHEDAYBYSHOVELINGORSWEEPINGSEDIMENTMAYNOTBEWASDDOWNSTORMSEWERDRAINS,IlIEMANY.URISDICTIONSHAVEBMPDETAILSTHATVARYFROMUDFCOSTANDARDDETAILSCOSULTWtTHLOCALURiSDICflONSASTOWHICNCETAILSHOIJLDRE(,5EDWHET8DIFFERENCESARENOTED.COETW1.S*OPTE*ffiOuCITYCFBROONFtO,CCL0AOC.NOtASMeAUEINUTOCID)90CMIN.)UNLESSOTHERWISESPECIFIEDBYLOCAl.JURISDICTIONUSECDOSECT,0703,MENlOA13COARSEAGGREGATEOR6MINUSROCKNON-WOVENGEOTEXTICEFABRICBETWEENSOLANDROCKINSTALLROCKftuSilWITHORBELOWTOPOFPAVEMENTUNLESSOtHERWISESPECIFIEDBYLOCALJIJRISOICFON,USECOOTSECT.0703.MSHTO3COARSEAZGRECAIEOR6”1JINUSROCKV(NIN.)SECTIONATNON—WOVENGEDTEXTILEPABRC 1.CONCRETESHALLBECLASSB.4032.HEADWALLSHALLBEPERPENDICULARTOTHECULVERTEUNLESSOTHERWISESHOWNONTHEPLANS.TABULATEDDIMENSIONSANDOUANTITIESMUSTBEADJUSTEDFORSKEWEDINSTALLATIONS.3.FORWINGWALLDETAILS,SEESTANDARDM—601—20.4.VOLUMEOCCUPIEDBYPIPEHASBEENDEDUCTEDFROMSTEELANDCONCRETEQUANTITIES.5.EXPOSEDCONCRETECORNERSSHALLBECHAMFERED3/46.ALLBARSSHALLHAVEA2”MINIMUMCLEARANCE.AWHENTWOORMORECONDUITSARELAIDSIDEBYSIDE,THEYSHALLBEPLACEDSOTHATTHEADJACENTPIPESWILLBE1/2INSIDEDIAMETEROR1/2INSIDESPANOR3FEETAPART(INCLUDINGWALL)4THICKNESS)WHICHEVERISLESS.IADD0.89x(XORX1)(LB.)WHENAPRONISREOUIRED.7.REFERTOCDOTM—604—10FORORATEDETAILS.4038.REFERTOCOOTM—603—1FORCMPINSTALLATIONDETAILS.FLOODHAZARDMITIGATIONPROJECTEAGLECOUNTY,COLORADODETAILSDESIGNEDSC0THSCALEDATEISSUEDD.EA’,VNBYEDTHORLZCHECKEDBYRLKTEAT.SHEETDIMENSIONSCCQUANTITIESEOUIV.CONCRETESTEELBa3PARISEXAX1A1yB----—in.in.in.ft—inin,ft—in,in.ft—in.in.cu.v,.cu.y.lbs.lbs.725981/27iTW2.725.10746778876311—3111/221—679—7101/22.855.3427553184956711—9W:2—1099—11i73.085.79290547901037112—771/224—21110—3153.306.21321591967513-41225-88116½526546061021177913—981/226—6710—1191/23.636.863566721081288314—8828—41211—3111/23.967.51376699(.XXi16’HEADWALLFORSINGLEPIPEI.•1RSE+52”24’SPAN—24---SPAN48”RISEExhibitt‘age20of20SHEETNo.20Knowwhat’sbelow.GENERALNOTESCallbeforeyoudig.424’SPAN6”SPAN36”24”NOTCH,OPTIONALFORWINGWALL.4III1I2SPAN+84”HEADWALLFQ‘HIN—WALLPIPEARCH4014O2---——HA•I12”CTRS.IIAT’;Ci,_BADAYC’U,DFCONCRETEHEADWA_LS(7OEACHTIE)Jr.tx4”Vcr._iJJft8’HftB”H401402403404“D”FOR601INSTALLATIONINLETOUTLETINLETOUTLETENDSOFENDSOFTHIN—WALLPIPETHICK—WALLPIPETHICK—WALLPIPE,=Bc+6”THIN—WALLPIPE,=Ba+8”THIN—WALLPIPE—ARCH=SPAN+8”STRUCTURALPLATE—ARCH=RISE+8”BARBENDINGREFERENCEDRAWINGS552234COMPUTERFILEMANAGEMENTFILENA5I08093D02(SlooeCreekFIoodpIaio)IdwglCoostmEtionlDetailsdwgCTBFILE—PLOTDA.1I2O121131AMTNISSOAP/NDISc000ENrnsOrPLOTDAZEANDMAYORSUBJECTTOEKSEIEAGLECOUNTYEAGLECOUNTYENGINEERINGDEPARTMENTP.OBOX850501BROADWAYEAGLE,COLORADO81631SEALFORANDONBEHALFOFMATRIXDESIGNGROUP,INC.PROJECTNo.08.093802STONECREEKPREPAREDBYMatrixDESIGNGROUPSEPT.2012DRAWINGNBOF2O20 Exhibit G -Page 1 of 56 Stone Creek flood Hazard Mitigation Project Table of Contents Technical Specifications DIVISION ONE:GENERAL REQUIREMENTS 01150 Measurement and Payment DIVISION TWO:SITE CONSTRUCTION 02220 —Removal of Structures and Obstructions 02230 —Clearing and Grubbing 02240 —Water Control and Dewatering 02315 Excavation,Backfill,and Compaction 02370 Erosion and Sediment Control 02375 —Rock 02631 Corrugated Steel Pipe 02710 —Aggregate Base Course 02740 —Flexible Pavement (Asphalt) 02821 —Seeding,Sodding and Fertilizing DIVISION THREE:CONCRETE 03300 —Cast-in-Place Concrete ExhibitG-Page2of56 SECTION 1150 MEASUREMENT AND PAYMENT PART 1 GENERAL 1.01 DESCRIPTION A.General: 1.All measurements and payments will be based on work completed in strict accordance with the plans and specifications for the project. 2.The method of measurement and basis of payment described are for the work itemized in the Bid Form and in the sections of the specifications.Items may include work within a single section or in more than one section. 3.See the General Contract Conditions for additional information pertaining to measurement and payment.This section is intended to supplement the General and Special Conditions. B.Measurement: 1.Unless otherwise specified,all longitudinal measurements will be made horizontally,and computations will be based on the dimensions shown on drawings and details.No measurement will be made by weight tickets,except asphalt pavement. 2.Quantities will be rounded off to the nearest whole number. 3.The CONTRACTOR shall,in the presence of the OWNER or ENGINEER,verify all measurements and quantities required for payment by the unit price method. 4.CONTRACTOR shaU provide necessary equipment,workers,and survey personnel as required for measurements. C.Units 1.Measurement by Volumes:Measurement by cubic dimension using mean length, width and height or thickness.Longitudinal measurements will be made horizontally. 2.Measurements by Area:Measured by square dimensions using mean length and width or radius,measured horizontally. 3.Linear Measurement:Measured by linear dimension at the item centerline or mean chord. 4.Measured by Lump Sum or Per Each:Item inclusion as specified by the bid item description. D.Payment: 1.Unit bid prices,as quoted in the Bid Schedule,shall constitute full compensation for labor,materials,equipment,rentals,overhead,profit and incidentals to complete all work for each pay item and for all risk,loss,damage,or expense of whatever nature arising from the nature of the work or prosecution thereof. 2.Work or materials that are essential to the work,but for which there are no pay items,will not be measured and paid for separately,but shall be included in other 01150-1 Exhibit G -Page 3 of 56 items of work.All requirements of Division I such as project coordination and preparation of submittals for which there is no specific bid item shall be considered incidental to other bid items. 3.Payment for work listed as lump sum bid items completed under this contract shall be paid for on a lump sum fixed price basis. 4.Final payment for work governed by unit prices will be made on the basis of the measurements and quantities accepted by the ENGINEER multiplied by the unit price for work which is incorporated in or made necessary by the WORK. 1.02 BID ITEMS BID ITEM 1.01 -MOBILIZATION (SITE 1) BID ITEM 2.01 -MOBILIZATION (SITE 2) BID ITEM 3.01 -MOBILIZATION (SITE 3) BID ITEM 4.01 -MOBILIZATION (SITE 4) BID ITEM 5.01 -MOBILIZATION (SITES) A.Measurement:No separate measurement for payment will be made for any labor, equipment,and materials required for this item. B.Payment:This item consists of the mobilization of personnel,equipment,permits and supplies to the project site in preparation for work on the project.This item includes all administrative requirements including preparation of the project schedule,submittals,public relations,bonds and insurance.This item shall include demobilization at the completion of the construction season including the removal of the Contractor’s equipment,supplies,temporary facilities and excess materials and cleanup of the site.This item includes maintenance and submittal of record drawings.This work also includes providing all related materials,equipment and labor not specifically covered by other bid items.This item shall also include the establishment and maintenance for the duration of the Contract of the CONTRACTOR’S protective fencing and barricades not included elsewhere.This item also includes obtaining any permits not specifically described under other bid items.Partial payments for Mobilization will be made as the work progresses. a.Partial payments for Mobilization shall adhere to the following schedule: 1.At the first monthly pay draw,50%of the bid amount for Mobilization will be paid. ii.When 50%of the original contract amount is earned,a further 30%of the amount bid for this item will be paid. iii.At the last monthly pay draw,20%of the bid amount for Mobilization will be paid. BID ITEM 1.02 -TRAFFIC CONTROL (SITE 1) BID ITEM 3.02 -TRAFFIC CONTROL (SITE 3) BID ITEM 5.02 -TRAFFIC CONTROL (SITES) A.Measurement:Work zone traffic control shall be paid as a lump sum item. B.Payment:The lump sum price will include all of CONTRACTOR’S costs.This BID item includes preparing,implementing,adjusting as necessary,and maintaining an approved Traffic Control Plan,obtaining any required pennits and providing all related and necessary labor, equipment,and materials to carry out the Traffic Control Plan.Portions of this project and 01150-2 Exhibit G -Page 4 of 56 access to it are located on private property.Traffic control for this project may include coordination with the private property owners and making adjustments and accommodations for these owners as necessary. BID ITEM 1.03 --SITE RESTORATION (SITE 1) BID ITEM 2.02 --SITE RESTORATION (SITE 2) BID ITEM 3.03 --SITE RESTORATION (SITE 3) BID ITEM 4.02 --SITE RESTORATION (SITE 4) BID ITEM 5.03 --SITE RESTORATION (SITE 5) A.Measurement:Site Restoration shall be paid as a lump sum item. B.Payment:Payment for this bid item shall include all labor,equipment and materials necessary to repair,to a condition prior to construction,those areas of the project,access and haul routes,and all adjacent areas which are altered in some way or form during construction.This work specifically includes:adjustments to irrigation valve boxes, removal and resetting of signage,removal and resetting of landscape rocks as called for on the construction plans.This work shall include but not be limited to the following items not included elsewhere:replacement of any asphalt and base course,concrete paving,pipelines, valves,valve boxes,site furnishings,culverts,fencing and any other items damaged during construction and not covered under another bid item. BID ITEM 1.04 --EROSION CONTROL (SITE 1) BID ITEM 2.03 --EROSION CONTROL (SITE 2) BID ITEM 3.04 --EROSION CONTROL (SITE 3) BID ITEM 4.03 --EROSION CONTROL (SITE 4) BID ITEM 5.04 --EROSION CONTROL (SITES) A.Measurement:No measurement for payment will be made for this work.It shall be paid for at the Contract Lump Sum bid item. B.Payment:The lump sum price will include all of CONTRACTORs costs.This item includes: developing a storm water pollution prevention plan,obtaining required approvals for this plan,furnishing;installing;maintaining;periodic inspections,adjustments and modifications; removal of all environmental controls;and all related materials,equipment,and labor required for complete and effective environmental control systems.The specific Best Management Practices (BMP)devices include but are not limited to silt fence,vehicle tracking control devices,inlet protection,outlet protection,and check dams.The Contractor is responsible for design of a full erosion control plan.They are responsible for supply and maintenance of the engineering control. BID ITEM 1.05 --REMOVE ASPHALT TRAIL A.Measurement:The unit of measurement will be the square yard.Measurement for payment will be by field measurement of the surface area of asphalt pavement removed in accordance with the plans and specifications and as approved by the OWNER. B.Payment:This work includes the removal of asphalt pavement needed for regrading of the diversion channel.This item shall include all materials,equipment,and labor required for complete removal and proper off-site disposal of asphalt trail.This work includes saw cutting and the protection,patching,repair and modification of existing improvements,which 01150-3 Exhibit G -Page 5 of 56 are scheduled to remain.The unit price will include all of the CONTRACTOR’s costs including any disposal fees and all necessary labor,equipment and materials to complete the WORK. BID ITEM 1.06 --REMOVE BLOCK RETAINING WALL A.Measurement:The unit of measurement will be the lineal foot.Measurement for payment will be by field measurement of the length of existing retaining wall,including stairs, removed in accordance with the plans and specifications and as approved by the OWNER. B.Payment:This work includes the removal of existing block wall and stairs as needed for regrading of the diversion channel.This item shall include all materials,equipment,and labor required for complete removal and proper off-site disposal of block wall.This work includes breaking up and removal of the wall and stairs and the protection,patching,repair and modification of existing improvements,which are scheduled to remain.The unit price will include all of the CONTRACTOR’s costs including any disposal fees and all necessary labor,equipment and materials to complete the WORK. BID ITEM 1.07 --REMOVE 1$”CMP A.Measurement:No measurement for payment will be made for this work.It shall be paid for at the Contract Lump Sum bid item. B.Payment:This work includes the removal of existing 8”CMP and end sections at Site 1. This item shall include all materials,equipment,and labor required for complete removal and proper off-site disposal of the pipe.This work includes removal of the pipe and the protection,patching,repair and modification of existing improvements,which are scheduled to remain.The unit price will include all of the CONTRACTOR’s costs including any disposal fees and all necessary labor,equipment and materials to complete the WORK. BID ITEM 1.08 -RECONSTRUCT ASPHALT TRAIL A.Measurement:The unit of measurement will be the square yard.Measurement for payment will be by field measurement of the surface area of asphalt pavement constructed in accordance with the plans and specifications and as approved by the OWNER. B.Payment:Payment for this bid item shall include mix design,submittals,subgrade preparation, aggregate base course,tack coat at construction joints and other areas,provision and placement of HIVIAP,compaction,testing of the HMAP,and all labor,equipment,and other work items required by the Construction Drawings and Specifications to install HMAP.Additional payment will not be made for asphalt placed in excess of the depth found in the construction plans and specifications. BID ITEM 1.09 -AGGREGATE BASE COURSE BID ITEM 3.12 -AGGREGATE BASE COURSE A.Measurement:The quantity to be paid shall be the actual number of tons of aggregate base course installed based upon scale tickets. 01150-4 Exhibit G -Page 6 of 56 B.Payment:Payment for this bid item shall include subgrade preparation,the purchase and transport of the aggregate base course to the site,placement and compaction,and all other work,materials,equipment and workmanship required to construct the roadway to the dimensions and grades shown on the plans. BID ITEM 1.10 -CONSTRUCT TIMBER STAIRS A.Measurement:No measurement for payment will be made for this work.It shall be paid for at the Contract Lump Sum bid item. B.Payment:Payment for this bid item shall include all materials,labor and equipment necessary to furnish and install landscape timber stairs at Site 1 in accordance with the Construction Drawings and Specifications. BID ITEM 1.11 -REGRADE NEW CHANNEL (SITE 1) BID ITEM 2.05 -REGRADE NEW CHANNEL (SITE2) BID ITEM 3.13 -REGRADE NEW CHANNEL (SITE 3) A.Measurement:The quantity to be paid shall be the actual number of square yards of regrading for each site listed in accordance with the Construction Drawings and Specifications. B.Payment:The unit price bid for regrading shall include all of the CONTRACTOR’S costs of whatsoever nature to perform the regarding (excavation and fill)to the fmished grade or subgrade as shown on the DRAWINGS.The bid price shall include stripping,excavation and placement of this material in embankment construction and filling operations,stockpiling (if necessary);disposal of debris;density and moisture control;safety measures;and all other related and necessary materials work and equipment required to perform the excavation in accordance with the Drawings and Specifications.No payment for excavation shall be made under this item for excavation necessary to perform the clearing and grubbing,demolition,or topsoil paid under other items of the Specifications. BID ITEM 1.12 —UNCLASSIFIED EXCAVATION -HAUL (SITE 1) BID ITEM 2.06 -UNCLASSIFIED EXCAVATION -HAUL (SITE 2) BID ITEM 3.14 -UNCLASSIFIED EXCAVATION -HAUL (SITE 3) A.Measurement:No measurement shall be made for the excavation and placement or haul off of soil material.Payment shall be lump sum for soil material moved or hauled from the site in accordance with the Construction Drawings and Specifications. B.Payment:Unclassified Excavation-Haul shall include placement of fill and the entire CONTRACTOR’S cost whatsoever to perform the excavation,transportation and disposal offsite of excess excavation materials.CONTRACTOR shall keep a daily log of quantities hauled off and note the location that the excavated material was taken.No payment for earthwork shall be made under this item for excavation necessary to perform the clearing and grubbing,demolition,or topsoil paid under other items of the Specifications. BID ITEM 3.15 -EMBANKMENT MATERIAL (SITE 3) C.Measurement:No measurement shall be made for the excavation,placement and compaction of soil material.Payment shall be lump sum for soil material moved within the site in accordance with the Construction Drawings and Specifications. 01150-5 Exhibit G -Page 7 of 56 D.Payment:Embankment material Complete-In-Place shall include placement of fill and the entire CONTRACTOR’S cost whatsoever to perform the excavation and compaction of excavation materials.Payment of this item shall be by lump sum.No separate survey or measurement will be made of the amount of material moved under this contract. BID ITEM 1.13 -REVEGETATION (SITE 1) BID ITEM 2.07 -REVEGETATION (SITE 2) BID ITEM 3.16 -REVEGETATION (SITE 3) BID ITEM 4.07 -REVEGETATION (SITE 4) BID ITEM 5.09 -REVEGETATION (SITES) A.Measurement:The unit of measurement will be the square foot.Measurement for payment will be by field measurement of the surface area revegetated (sod andlor seed)in accordance with the plans and specifications and as approved by the OWNER. B.Payment:Payment for this bid item shall include furnishing and installation of seed and/or sod.Work includes,fme grading,bed preparation,seed,seeding,mulching of seeded areas, fertilizer,watering,compaction,cleanup,warranty of seeded areas and all materials, equipment,and labor required for a complete installation in accordance with the Construction Drawings and Specifications.Any areas disturbed by the contractor outside of the limits of construction as indicated on the Drawings will require soil preparation,fme grading,seeding and mulching at the CONTRACTOR’S expense. BID ITEM 1.14 -EROSION CONTROL BLANKET (SITE 1) BID ITEM 3.17 -EROSION CONTROL BLANKET (SITE 3) BID ITEM 4.0$-EROSION CONTROL BLANKET (SITE 4) C.Measurement:The unit of measurement will be the square foot.Measurement for payment will be by field measurement of the surface area of exposed mat and does not include the area for anchoring into the soil in accordance with the plans and specifications and as approved by the OWNER. D.Payment:Payment for this bid item shall include furnishing and installation of erosion control blanket.Work includes furnishing and installing,staking,anchoring and cleanup, warranty of blanketed areas and all materials,equipment,and labor required for a complete installation in accordance with the Construction Drawings and Specifications.Any areas disturbed by the contractor outside of the limits of construction as indicated on the Drawings will require erosion control blanket at the CONTRACTOR’S expense. BID ITEM 1.15 -IRRIGATION SYSTEM RESTORATION (SITE 1) BID ITEM 2.0$-IRRIGATION SYSTEM RESTORATION (SITE 2) BID ITEM 3.18 -IRRIGATION SYSTEM RESTORATION (SITE 3) A.Measurement:The quantity to be paid as a lump sum item. B.Payment:This work is for furnishing,transporting and installing all pipe and materials; excavating,backfilling and compacting;installing new pipe,heads,valves,couplings, elbows,fittings and water meters if required;testing and maintenance;controller connections. Payment for this bid item shall include all materials,labor,and equipment necessary to 01150-6 Exhibit G -Page 8 of 56 restore irrigation systems (golf course and private)to original operating condition in accordance with the Construction Drawings and Specifications. BID ITEM 2.04 REMOVE &SALVAGE 57”X 38”CMP A.Measurement:No measurement for payment will be made for this work.It shall be paid for at the Contract Lump Sum bid item. B.Payment:This work includes the removal of three existing CMP and salvage of one section of the existing CMP from Site 2 for use on Site 3 and Site 5.This item shall include all materials,equipment,and labor required for complete removal,storage and proper off-site disposal of the pipe.This work includes removal of the pipe and the protection,patching, repair and modification of existing improvements,which are scheduled to remain and storage of the removed pipe until installation.The unit price will include all of the CONTRACTORs costs including any disposal fees and all necessary labor,equipment and materials to complete the WORK. BID ITEM 3.05 -WATER CONTROL (SITE 3) BID ITEM 4.04 -WATER CONTROL (SITE 4) BID ITEM 5.05 -WATER CONTROL (SITES) A.Measurement:Control of water shall be paid as a lump sum item,regardless of the amount of water,frequency of flooding,facilities constructed,or damage caused by flooding. B.Payment:The lump sum price will include all of CONTRACTOR’s costs.This Bifi item includes implementing measures to control surface water and groundwater;providing temporary power,if necessary;evaluating,designing,permitting,constructing,maintaining, and monitoring dewatering measures;and providing all other related and necessary labor, equipment,and materials to complete the WORK. BID ITEM 3.06 --REMOVE 42”X 29”CMP A.Measurement:No measurement for payment will be made for this work.It shall be paid for at the Contract Lump Sum bid item. B.Payment:This work includes the removal of existing CMP and end sections at Site 3.This item shall include all materials,equipment,and labor required for complete removal and proper off-site disposal of the pipe.This work includes removal of the pipe and the protection,patching,repair and modification of existing improvements,which are scheduled to remain.The unit price will include all of the CONTRACTOR’s costs including any disposal fees and all necessary labor,equipment and materials to complete the WORK. BID ITEM 3.07 --CONCRETE DIVERSION STRUCTURE A.Measurement:The quantity to be paid shall be the actual number of cubic yards of concrete installed as shown in the Construction Drawings and Specifications. B.Payment:Payment for this bid item shall include subgrade preparation,the purchase and transport of the concrete to the site,purchase of forms,forming and form removal,purchase of concrete,placement and compaction of the concrete,purchase and installation of all 01150-7 Exhibit G -Page 9 of 56 embedded items including the 8”Pvc sleeve,fmishing of formed surfaces,concrete curing, bedding material,and all other work,materials,equipment and workmanship required to construct the structure to the dimensions and grades shown on the plans.Provide for cold weather placement or hot weather placement of concrete as required and outlined in the Specifications. BID ITEM 3.09 --CONCRETE HEADWALL A.Measurement:The quantity to be paid shall be the actual number of cubic yards of concrete installed as shown in the constmction Drawings and Specifications. B.Payment:Payment for this bid item shall include subgrade preparation,the purchase and transport of the concrete to the site,purchase of forms,forming and form removal,purchase of concrete,placement and compaction of the concrete,purchase and installation of all embedded items,finishing of formed surfaces,concrete curing,bedding material,and all other work,materials,equipment and workmanship required to construct the structure to the dimensions and grades shown on the plans.Provide for cold weather placement or hot weather placement of concrete as required and outlined in the Specifications. 01150-8 Exhibit G -Page 10 of 56 BID ITEM 3.10 -24”BOULDERS AT DIVERSION STRUCTURE A.Measurement:The quantity to be paid shall be the actual number of square yards of 24” boulders installed.The number of truckloads or weight of material actually delivered to the site shall not affect the quantity.If the CONTRACTOR places excess material due to over- excavation or misinterpretation of plans,no additional measurement will be made unless previously agreed in writing by the OWNER. B.Payment:Payment for this bid item shall include subgrade preparation,transportation of materials,purchase and installation of the boulders,backfilling and compaction,bedding material,handling,stockpiling and placing of boulders,disposing of rejected boulders,and all other work items required to install the boulders at the designed dimensions and grades. BID ITEM 3.11 -REMOVE &RESET POND BOULDERS (2 GROUPS) A.Measurement:No measurement for payment will be made for this work.It shall be paid for as a Lump Sum bid item. B.Payment:Payment for this bid item shall include removal and salvage of two existing boulder clusters,subgrade preparation,transportation of materials,installation of the salvaged boulders in new locations as directed,backfilling and compaction,bedding material, handling,stockpiling and placing of boulders,and all other work items required to install the boulders at the designed dimensions and grades. BID ITEM 4.05 -SIGNAL BOULDERS (36”) A.Measurement:The quantity to be paid shall be the actual numnber of individual boulders installed in accordance with the Drawings unless additional area is authorized by the ENGINEER. B.Payment:Payment for this bid item shall include subgrade preparation,transportation of materials,purchase and installation of the boulders,backfilling and compaction,bedding material,handling,stockpiling and placing of boulders,disposing of rejected boulders,and all other work items required to install the boulders at the designed dimensions and grades. BID ITEM 4.06 -RECONSTRUCT BOULDER DIVERSION STRUCTURE A.Measurement:The quantity to be paid shall be the actual number of individual boulders installed in accordance with the Drawings unless additional area is authorized by the ENGINEER. B.Payment:Payment for this bid item shall include subgrade preparation,transportation of materials,purchase and installation of the boulders,backfilling and compaction,bedding material,handling,stockpiling and placing of boulders,disposing of rejected boulders,and all other work items required to install the boulders at the designed dimensions and grades. BID ITEM 5.06 -TROUT POND OUTLET STRUCTURE A.Measurement:No measurement for payment will be made for this work.It shall be paid for as a Lump Sum bid item. 01 l509 ExhibitG-Page 11 of 56 B.Payment:Payment for this bid item shall include excavation,disposal or reuse of excavated materials,subgrade preparation,bedding,backfill,the purchase and transport of the concrete to the site,purchase of forms,forming and form removal,purchase of concrete,placement and compaction of the concrete,purchase and installation of all embedded items,fmishing of formed surfaces,concrete curing and bedding material.The work includes furnishing and installing grate and slide gate,connection of existing and proposed pipes and all other items necessary to complete the outlet structure installation in accordance with the Construction Drawings and Specifications.Provide for cold weather placement or hot weather placement of concrete as required and outlined in the Specifications. BID ITEM 3.08 -INSTALL SALVAGED 57”X 38”CMP (SITE 3) BID ITEM 5.07 -INSTALL SALVAGED 57”X 3$”CMP (SITES) A.Measurement:The quantity to be paid shall be the actual number of lineal feet measured horizontally of salvaged CMP installed in accordance with the Specifications and Construction Drawings. 3.Payment:Payment for this bid item shall include excavation,disposal or reuse of excavated materials,dewatering,purchase and transportation of bedding to the site,purchase and transportation to the site of fittings,transportation to Site 3 of salvaged pipe,installation of pipe, making and fmishing joints,backfill,compaction,testing,and all other items necessary to provide for an operational pipeline. BID ITEM 5.08 JUNCTION STRUCTURE A.Measurement:No measurement for payment will be made for this work.It shall be paid for as a Lump Sum bid item. B.Payment:Payment for this bid item shall include excavation,disposal or reuse of excavated materials,subgrade preparation,bedding,backfill,the purchase and transport of the concrete to the site,purchase of forms,forming and form removal,purchase of concrete,placement and compaction of the concrete,purchase and installation of all embedded items,fmishing of formed surfaces,concrete curing and bedding material.The work includes uncovering existing pipe junction,removal and disposal of existing junction structure,furnishing and installing manhole run and cover,connection of existing and proposed pipes and all other items necessary to complete the junction structure installation in accordance with the Construction Drawings and Specifications.Provide for cold weather placement or hot weather placement of concrete as required and outlined in the Specifications. PART 2 MATERIALS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION 01150-10 Exhibft G -Page 12 of 56 SECTION 02220 REMOVAL Of STRUCTURES AND OBSTRUCTIONS PART 1 GENERAL 1.01 SECTION INCLUDES This WORK consists of the removal and disposal of trees,slope and ditch protection,abandoned utility services,curbs,gutters,pipes,sidewalks,appurtenances,traffic control devices,guardrail,fences, foundations,pavements,pavement markings,and any other obstructions that are not designated or pennitted to remain.It shall also include salvaging,stockpiling and loading salvable materials, sandblasting,plugging structures,cleaning culverts,and sawing and cutting to facilitate controlled breaking and removal of concrete and asphalt to a neat line.Except in areas to be excavated,the resulting trenches,holes,and pits shall be backfilled. Materials removed and not designated to be salvaged or incorporated into the WORK shall become the property of CONTRACTOR. 1.02 RELATED SECTIONS A.Section 02230 —Clearing and Grubbing B.Section 02315 —Excavation and Embankment PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A.General.CONTRACTOR shall raze,remove,and dispose of all structures and obstructions which are identified on the PROJECT,except utilities,structures and obstructions removed under other contractual agreements or as otherwise provided for in the CONTRACT DOCUMENTS, and salvable material designed to remain the property of OWNER. B.Salvable Material.All salvable material designated in the CONTRACT or by ENGINEER to remain the property of OWNER shall be removed without damage,in sections or pieces which may be readily transported,and shall be stockpiled by CONTRACTOR at specified locations within the project limits.CONTRACTOR shall safeguard salvable materials and shall be responsible for the expense of repairing or replacing damaged or missing material until it is incorporated into the work,or is loaded onto OWNER’s equipment by CONTRACTOR. C.Pavements,Sidewalks,and Curbs.All asphalt and concrete pavements,sidewalks,structures, curbs,gutters,etc.,designated for removal,shall be disposed of off-site by CONTRACTOR at CONTRACTOR’s expense.Sawing of concrete and asphalt shall be done to a true line,with a vertical face,unless otherwise specified.The minimum depth of a saw cut shall be two (2) inches.for reinforced concrete,the minimum depth shall be two (2)inches,or to the depth of the reinforcing steel,whichever occurs first.The sawing of concrete or asphalt shall be done 02220-1 Exhibit G -Page 13 of 56 carefully,and all damage to concrete which is to remain in place,caused by CONTRACTOR’s operations,shall be repaired by the CONTRACTOR at his expense. D.Detours.Materials used in detour structures for the PROJECT,which are supplied by the CONTRACTOR,shall be considered to be the property of the CONTRACTOR.After the detour is abandoned,he shall completely remove the detour structure and shall dispose of materials in such a manner that they will not be visible from the fmished roadway. END OF SECTION 02220-2 Exhibit G -Page 14 of 56 SECTION 02230 CLEARING AND GRUBBING PART 1 GENERAL 1.01 SECTION INCLUDES This WORK consists of clearing,grubbing,removing,and disposing of vegetation and debris within the limits of the PROJECT site as shown on the DRAWINGS and required by the WORK.Vegetation and objects designated to remain shall be preserved free from injury or defacement. 1.02 RELATED SECTIONS Section 02220 —Removal of Structures and Obstructions Section 02315 —Excavation and Embankment PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS Before beginning construction work at the project site the CONTRACTOR shall stake the area to be cleared and grubbed,tag any significant vegetation to be removed or trimmed and stake the limits of the staging area.The OWNER shall be notified and given 48 hours to approve the staking limits.No construction work shall begin before the OWNER has approved the staked limits and tagged trees.Once approved no additional vegetation shall be removed nor shall any additional area be disturbed during the course of construction without the prior approval of the OWNER.Any object that is designated to remain or any object or vegetation outside of approved limits that is damaged shall be repaired or replaced as directed by OWNER,at CONTRACTOR’s expense. Clearing and grubbing shall extend to the toe of fill or the top of cut slopes or as designated on the DRAWINGS.All surface objects,trees,stumps,roots,and other protruding obstructions not designated to remain shall be cleared and grubbed,including mowing,as required.Undisturbed stumps,roots,and nonperishable solid objects located two feet or more below subgrade or embankment slope may remain in place.In areas to be rounded at the tops of backslopes,stumps shall be removed to at least two feet below the surface of the fmal slope line. All removed materials shall become the property of the CONTRACTOR and shall be properly disposed of off-site at the CONTRACTOR’S expense.No material or debris shall be disposed of within the project limits. Except in areas to be excavated,all holes resulting from the removal of obstructions shall be backfihled with suitable material and compacted in accordance with Section 02315. All cleared timber shall be removed from the project and shall become the property of CONTRACTOR. Branches on trees or shrubs shall be removed as directed.All trimming shall be done in accordance with good tree surgery practices. 02230-1 Exhibit G -Page 15 of 56 CONTRACTOR shall scalp the areas withm the excavation or embankment gradmg limits Scalpmg shall include the removal from the ground surface of sawdust,and other vegetation matter. END OF SECTION 02230-2 Exhibit G -Page 16 of 56 SECTION 02240 WATER CONTROL AND DEWATERING PART 1 GENERAL 1.01 SECTION INCLUDES The WORK of this section consists of dewatering and controlling groundwater,site drainage,and storm flows during construction.CONTRACTOR is cautioned that the WORK involves construction in and around drainage channels,local rivers,and areas of local drainage.These areas are subject to frequent periodic inundation. 1.02 RELATED SECTIONS A.Section 02315 —Excavation,Backfill and Compaction 1.03 SUBMITTAL S A.Submit water control plan and receive approval from the ENGINEER prior to initiating construction WORK.The water control plan shall include the location,height,and type of construction for all water control measures,including temporary dams or flow rerouting schemes.The plan must also include a schedule showing the location and duration of anticipated pumping,etc. PART 2 PRODUCTS 2.01 MATERIALS On-site materials may be used within the limits of construction to construct temporary dams and berms. Materials such as precast concrete barrier,plastic sheeting,sand bags,and storm sewer pipe may also be used if desired by CONTRACTOR. PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A.General.For all excavation,CONTRACTOR shall provide suitable equipment and labor to remove water,and he shall keep the excavation dewatered so that construction can be carried on under dewatered conditions.Water control shall be accomplished such that no damage is done to adjacent channel banks or structures.CONTRACTOR is responsible for investigating and becoming familiar with all site conditions that may affect the work including surface water, potential flooding conditions,level of groundwater and the time of year the work is to be done. All excavations made as part of dewatering operations shall be backfilled with the same type material as was removed and compacted to ninety five percent (95%)of Maximum Standard Proctor Density (ASTM D69$)except where replacement by other materials and/or methods are required. 02240-1 Exhibit G -Page 17 of 56 CONTRACTOR shall conduct operations in such a manner that storm or other waters may proceed uninterrupted along their existing drainage courses.By submitting a bid, CONTRACTOR acknowledges that CONTRACTOR has investigated the risk arising from such waters and has prepared his bid accordingly,and assumes all of said risk. At no time during construction shall CONTRACTOR affect existing surface or subsurface drainage patterns of adjacent property.Any damage to adjacent property resulting from CONTRACTOR’s alteration of surface or subsurface drainage patterns shall be repaired by CONTRACTOR at no additional cost to OWNER. CONTRACTOR shall remove all temporary water control facilities when they are no longer needed or at the completion of the PROJECT. Pumps and generators used for dewatering and water control shall be quiet equipment enclosed in sound deadening devices. B.Surface Water Control.Surface water control generally falls into the following categories: 1.Normal low flows along the channel 2.Storm/flood flows along the channel 3.Flows from existing storm drain pipelines;and 4.Local surface inflows not conveyed by pipelines 5.Reservoir releases CONTRACTOR shall coordinate,evaluate,design,construct,and maintain temporary water conveyance systems.These systems shall not worsen flooding,alter major flow paths,or worsen flow characteristics during construction.CONTRACTOR is responsible to ensure that any such worsening of flooding does not occur.CONTRACTOR is solely responsible for determining the methods and adequacy of water control measures. At a minimum,CONTRACTOR shall be responsible for diverting the quantity of surface flow around the construction area so that the excavations will remain free of surface water for the tune it takes to install these materials,and the tune required for curing of any concrete or grout. CONTRACTOR is cautioned that the minimum quantity of water to be diverted is for erosion control and construction purposes and not for general protection of the construction-site.It shall be CONTRACTOR’s responsibility to determine the quantity of water which shall be diverted to protect the WORK from damage caused by stormwater. CONTRACTOR shall,at all times,maintain a flow path for all channels.Temporary structures such as berms,sandbags,pipeline diversions,etc.,may be permitted for the control of channel flow,as long as such measures are not a major obstruction to flood flows,do not worsen flooding, or alter historic flow routes. C.Groundwater Control.CONTRACTOR shall install adequate measures to maintain the level of groundwater below the foundation subgrade elevation and maintain sufficient bearing capacity for all structures,pipelines,earthwork,and rock work,Such measures may include,but are not limited to,installation of perimeter subdrains,pumping from drilled holes or by pumping from sumps excavated below the subgrade elevation.Dewatering from within the foundation excavations shall not be allowed.The foundation bearing surfaces are to be kept dewatered and stable until the structures or other types of work are complete and backfilled.Disturbance of 02240-2 Exhibit G -Page 18 of 56 foundation subgrade by CONTRACTOR operations shall not be considered as originally unsuitable foundation subgrade and shall be repaired at CONTRACTOR’s expense. CONTRACTOR shall dispose of groundwater as follows: 1.Obtain discharge permit for water disposal from authorities having jurisdiction. 2.Treat water collected by dewatering operations,as required by regulatory agencies,prior to discharge. 3.Discharge water as required by discharge permit and in manner that will not cause erosion or flooding,or otherwise damage existing facilities, completed Work,or adjacent property. 4.Remove solids from treatment facilities and perform other maintenance of treatment facilities as necessary to maintain their efficiency. Any temporary dewatering trenches or well points shall be restored following dewatering operations to reduce permeability in those areas as approved by ENGINEER. END Of SECTION 02240-3 Exhibit G -Page 19 of 56 THIS PAGE INTENTIONALLY LEFT BLANK 02240-4 Exhibit G -Page 20 of 56 SECTION 02315 EXCAVATION AND EMBANKMENT PART 1 GENERAL 1.01 SECTION INCLUDES This WORK shall consist of excavation,embankment fill,disposal of excess material,shaping,and compaction of all material encountered within the limits of work,including excavation and fill for structures.The excavation shall include,but is not limited to,the native soils which must be excavated for the PROJECT WORK.All WORK shall be completed in accordance with these SPECIFICATIONS and the lines and grades on the DRAWINGS. 1.02 DEFINITIONS A.Unclassified Excavation shall consist of the excavation of all materials of whatever character required of the WORK,obtained within the PROJECT limits. B.Muck Excavation shall consist of the removal of mixtures of soils and organic matter not suitable for foundation material and replacement with approved material. C.Rock Excavation shall consist of igneous,metamorphic and sedimentary rock which cannot be excavated without the use of rippers,and all boulders or other detached stones each having a volume of one-half (½)cubic yard or more,as determined by physical or visual measurement.It shall also include replacement with approved material as required. D.Embankment Material shall consist of approved material acquired from excavation or from outside sources,hauled and placed in embankments. 1.03 DESCRIPTION This WORK shall consist of excavation,disposal,placement,and compaction of all material encountered within the limits of the WORK,and not being completed under some other item,necessary for the construction of the PROJECT in accordance with the SPECIFICATIONS and the lines,grades,and typical cross-sections shown on the DRAWINGS.All excavation will be classified,“unclassified excavation,”or “muck excavation”or “rock excavation,”as hereafter described.All embankment will be classified “embankment material”as hereafter described. 1.04 RELATED SECTIONS A.Section 02230 —Clearing and Grubbing B.Section 02240 —Water Control and Dewatering 1.05 SUBMITTALS A.Contractor shall provide the following submittals: 1.Sieve analysis for imported Embankment Material 02315-1 Exhibit G -Page 21 of 56 2.Certification of weed free for imported Embankment Material PART 2 PRODUCTS 2.01 MATERIALS A.Embankment material may consist of approved material acquired from excavations or material hauled from outside the PROJECT limits.Suitable material identified on-site shall be used first for embankments and backfill.Excess excavated native soils which are not used as embankment or backfill shall become the property of CONTRACTOR and shall be disposed of off-site by CONTRACTOR,in a location acceptable to ENGINEER. B.Muck excavation shall also include the replacement of excavated muck with uniformly graded rock,riprap,on-site or imported soils,or other material,whichever is most suitable for the specific situation encountered.ENGINEER will determine which type of aggregate or other material which shall be used after observing the specific site conditions. PART 3 EXECUTION 3.01 GENERAL EXCAVATION/EMBANKMENT A.General.The excavation and embankment should be fmished to reasonably smooth and uniform surfaces.Variation from the subgrade plane shall not be more than 0.08 foot in soil or more than 0.08 foot above or 0.50 foot below in rock.Where bituminous or concrete surfacing materials are to be placed directly on the subgrade,the subgrade plane shall not vary more than 0.04 foot. Materials shall not be wasted without permission of ENGINEER.Excavation operations shall be conducted so that material outside of the limits of slopes will not be disturbed.Prior to beginning grading operations in any area,all necessary clearing and grubbing in that area shall have been performed in accordance with Section 02230 of these SPECIFICATIONS. CONTRACTOR shall notify ENGINEER in sufficient time before beginning excavation or embankment such that the necessary topography andlor cross-sections may be taken. CONTRACTOR shall not excavate beyond the dimensions and elevations established,and material shall not be removed prior to surveying the site. When CONTRACTOR’s excavating operations encounter remains of pre-historic peoples dwelling sites or artifacts of historical or archaeological significance,the operations shall be temporarily discontinued.ENGINEER will contact archaeological authorities to determine the disposition thereof.When directed,CONTRACTOR shall excavate the site in such a manner as to preserve the artifacts encountered and shall remove them for delivery to the custody of the proper state authorities.Such excavation will be considered and paid for as extra WORK. B.Excavation 1.Unclassified:All excess suitable material excavated from the PROJECT site and not used for embankment shall be removed from the PROJECT site and become the property of CONTRACTOR.Where material encountered within the limits of the WORK is considered unsuitable for embankment (fills)on any portion of this PROJECT WORK, such material shall be excavated as directed by ENGINEER and replaced with suitable fill material.All unsuitable excavated material from excavation consisting of any type of debris (surface or buried),excavated rock,bedrock or rocks larger than six (6)inches in 02315-2 Exhibit G -Page 22 of 56 diameter,and boulders shall be hauled from the PROJECT site and disposed of by CONTRACTOR at CONTRACTOR’s expense.Debris is defmed as “anything that is not earth which exists at the job site.” 2.Muck:Where excavation to the finished grade section results in a subgrade or slopes of unsuitable soil,ENGINEER may require CONTRACTOR to remove the unsuitable materials and backfill to the finished graded section with approved material.Disposal of the unsuitable material and replacement with suitable material shall be at CONTRACTOR’s expense. Good surface drainage shall be provided around all permanent cuts to direct surface runoff away from the cut face. 3.Rock:Unless otherwise specified,rock shall be excavated to a minimum depth of 0.5 foot below subgrade within the limits of the channel area,and the excavation shall be backfilled with material shown on the DRAWINGS or as designated by ENGINEER. Disposal of material and replacement with suitable approved material shall be at CONTRACTOR’s expense. C.Embankment Construction.Embankment construction shall consist of constructing all fill areas,including preparation of the areas upon which they are to be placed,the placing and compacting of approved material within areas where unsuitable materials have been removed, and the placing and compacting of embankment material in holes,pits and other depressions within the PROJECT area.Only approved materials shall be used in the construction of embanlunents and backfills. Approved materials shall consist of clean on-site cohesive soils or approved imported soils. On-site cohesive soils or imported soils should be placed and compacted in horizontal lifts,using equipment and procedures that will produce recommended moisture contents and densities throughout the lifl and embankment height.On-site or imported cohesive soils should be compacted within a moisture content range of two percent (2%)below,to two percent (2%) above optimum moisture content and compacted to ninety-five percent (95%)of the Maximum Standard Proctor Density (ASTM D698)under roads and trails,and compacted to eighty-five percent (85%)of the Maximum Standard Proctor Density (ASTM D698)under landscaped areas. When embankment is to be placed and compacted on hillsides,or when new embankment is to be compacted against existing embankments,or when embanlunent is built one-half (½)width at a time,the slopes that are steeper than four-to-one (4.1)when measured longitudinally or at right angles to the adjacent ground shall be continuously benched over those areas where it is required as the WORK is brought up in layers.Benching shall be well “keyed”and where practical a minimum of eight (8)feet.Each horizontal cut shall begin at the intersection of the original ground and the vertical sides of the previous cuts.Material thus cut out shall be recoinpacted along with the new embankment material at CONTRACTOR’s expense. The ground surface underlying all fills shall be carefully prepared by removing all organic matter, scarification to a depth of eight (8)inches and recompacting to ninety-five percent (95%)of the Maximum Standard Proctor Density (ASTM D698)at optimum moisture content +or -two percent (2%)prior to fill placement. 02315-3 Exhibit G -Page 23 of 56 Embankment material shall be placed in horizontal layers not exceeding 8 inches (loose measurement)and shall be compacted to ninety five percent (95%)of the Maximum Standard Proctor Density (ASTM D698)at optimum moisture content +or -two percent (2%)under roads and trails,and compacted to eighty-five percent (85%)of the Maximum Standard Proctor Density (ASTM D69$)under landscaped areas.Effective spreading equipment shall be used on each lift to obtain uniform thickness prior to compacting.As the compaction of each layer progresses, continuous leveling and manipulating will be required to assure uniform density. For embankments which serve as berms,the downstream portion shall be keyed into the subsurface soils a minimum of three (3)feet to enhance the stability of the slope. Materials which are removed from excavations beneath the water table may be over the optimum moisture content and will require that they be dried out prior to reusing them. Cross hauling or other action as appropriate will be ordered when necessary to insure that the best available material is placed in critical areas of embankments,including the top two (2)feet of all embankinents.No additional payment will be made for cross hauling ordered by ENGINEER. frozen materials shall not be used in construction of embanlunents. During the construction of the channels,the channel bottom shall be maintained in such condition that it will be well drained at all times. Excavation or embanlunent (fill),and structural backfill WORK either completed or in a stage of completion that is either eroded or washed away or becomes unstable due to either rains,snow, snow melt,channel flows,or lack of proper water control shall be either removed and replaced, recompacted,or reshaped as directed by ENGINEER and in accordance with the DRAWINGS and SPECIFICATIONS at CONTRACTOR’s sole expense.Removed unsuitable materials shall be hauled away and disposed of at CONTRACTOR’s expense.Placing of replacement materials for removed unsuitable materials shall be purchased,placed,and compacted at CONTRACTOR’ expense. D.Proof Rolling.Proof rolling with a heavy rubber tired roller will be required,if designated on the DRAWINGS or when ordered by ENGINEER.Proof rolling shall be done after specified compaction has been obtained.Areas found to be weak and those areas which failed shall be ripped,scarified,wetted if necessary,and recomnpacted to the requirements for density and moisture at CONTRACTOR’s expense. Proof rolling shall be done with equipment and in a manner acceptable to ENGINEER.Proof rolling as shown on the DRAWINGS or as ordered by ENGINEER shall not be measured and paid for separately,but shall be included in the unit prices bid for the work. 3.02 EXCAVATION AND BACKFILL FOR STRUCTURES Poor foundation material for any of the WORK shall be removed,by CONTRACTOR,as directed by ENGINEER.CONTRACTOR will be compensated for removal and replacement of such materials in accordance with Muck Excavation. CONTRACTOR is cautioned that construction equipment may cause the natural soils to pump or deform while performing excavation WORK inside and on footings,structural floor slabs,or other structure foundation areas. 02315-4 Exhibit G -Page 24 of 56 CONTRACTOR shall remove and replace at CONTRACTOR’s expense any foundation materials which are:a)saturated by either surface or subsurface flows due to the lack of adequate water control or dewatering work by CONTRACTOR;b)frozen for any reason;or c)disturbed by CONTRACTOR’s WORK or caused to become unacceptable for foundation material purposes by means of CONTRACTOR’s equipment,manpower,or methods of WORK. Dewatering should not be conducted by pumping from inside footings,structural floor slabs,or other structure foundation limits.This may decrease the supporting capacity of the soils. Care should be taken when excavating the foundations to avoid disturbing the supporting materials. Excavation by either hand or careful backhoe soil removal,may be required in excavating the last few inches of material to obtain the subgrade of any item of the concrete WORK. Any over-excavated subgrades that are due to CONTRACTOR’s actions,shall be brought back to subgrade elevations by CONTRACTOR and at CONTRACTOR’s expense in the following manner: A.F or over-excavations of two (2)inches or less,either backfill and compact with approved granular materials;backfill with one-half (½)inch crushed rock;or fill within concrete at the time of the appurtenant structure concrete pour. B.For over-excavations greater than two (2)inches,backfill and compact with an approved granular material. All granular footings,structural floor slabs,or other structure areas shall be compacted with a vibratory plate compactor prior to placement of concrete,reinforcing,or bedding materials. Backfill,and fill within three (3)feet adjacent to all structures and for the full height of walls, shall be selected non-swelling material.It shall be granular,well graded,and free from stones larger than two (2)inches.Material may be job excavated,but selectivity will be required as determined by ENGiNEER.Stockpiled material,other than topsoil from the excavation,shall be used for backfilling unless an impervious structural backfill is specified.The backfill material shall consist of either clean on-site granular material free of stones larger than two (2)inches in diameter with no more than twenty percent (20%)passing the No.200 sieve,or equivalent imported materials.All backfill around the structures shall be consolidated by mechanical tamping.The material shall be placed in six-inch (6’)loose lifts within a range of two percent (2%)above to two percent (2%)below the optimum moisture content and compacted to ninety- five percent (95%)of Maximum Standard Proctor Density (ASTM D698)for cohesive soils,or to seventy-five percent (75%)relative density for pervious material as determined by the relative density of cohesionless soils test,ASTM D4253. When specified on the DRAWINGS or as required by ENGINEER,Class I structural backfill shall meet the following gradation requirements: %By Weight Passing Sieve Size Square Mesh Sieves 2-inch 100 No.4 30-100 No.50 10—60 No.200 5—20 02315-5 Exhibit G -Page 25 of 56 In addition,this material shall have a liquid limit not exceeding thirty five (35)and a plasticity index of not over six (6). Impervious structural backfill,where shown or specified,shall consist of material having one hundred percent (100%)fmer than two (2)inches in diameter and a minimum of thirty five percent (35%)passing a No.200 U.S.Standard Sieve.The material shall be placed in six-inch (6”)loose lifts within a range of two percent (2%)above to two percent (2%)below the optimum moisture content and compacted to ninety five percent (95°/b)of Maximum Standard Proctor Density for cohesive soils as determined by ASTM D698. END OF SECTION 02315-6 Exhibit G -Page 26 of 56 SECTION 02370 EROSION AND SEDIMENT CONTROL PART 1 GENERAL 1.01 SECTION INCLUDES A.This WORK shall consist of temporary measures needed to control erosion and water pollution. These temporary measures shall include,but not be limited to,berms,dikes,dams,sediment basins,fiber mats,netting,gravel,mulches,grasses,slope drains,and other erosion control devices or methods.These temporary measures shall be installed at the locations where needed to control erosion and water pollution during the construction of the PROJECT,and as directed by ENGINEER,and as shown on the DRAWINGS. B.The Erosion Control Plan presented in the DRAWINGS serves as a minimum for the requirements of erosion control during construction.CONTRACTOR has the ultimate responsibility for providing adequate erosion control and water quality throughout the duration of the PROJECT.Therefore,if the provided plan is not working sufficiently to protect the PROJECT areas,then CONTRACTOR shall provide additional measures as required to obtain the required protection.CONTRACTOR shall include in the BID price for erosion control a minimum of all items shown on the Erosion Control Plan and any additional items that may be needed to control erosion and water pollution. 1.02 RELATED SECTIONS Section 02230 Clearing and Grubbing Section 02240 —Water Control and Dewatering 1.03 REFERENCES A.The following is a list of standards which may be referenced in this section: 1.Colorado Department of Public Health and Environment (CDPHE). 1.04 SUBMITTALS A.Construction schedule for Erosion Control per Paragraph 3.01 B.Sequencing Plan per Paragraph 3,12 C.All applicable permits for Erosion Control PART 2 PRODUCTS 2.01 MATERIALS 02370-1 Exhibit G -Page 27 of 56 A.Materials may include hay bales,straw,fiber mats,fiber netting,wood cellulose,fiber fabric, gravel,and other suitable materials,and shall be reasonably clean,free of deleterious materials, and certified weed free.All materials shall be submitted for approval prior to installation. B.Temporary grass cover (if required)shall be a quick growing species suitable to the area,which will provide temporary cover and will not later compete with the grasses sown for permanent cover.All grass seed shall be approved by ENGINEER and in accordance with local regulations prior to installation. C.fertilizer and soil conditioners shall be approved by ENGINEER and in accordance with local regulations prior to installation. PART 3 EXECUTION 3.01 CONSTRUCTION REQUIREMENTS A.When so indicated in the CONTRACT DOCUMENTS,or when directed by ENGINEER, CONTRACTOR shall prepare construction schedules for accomplishing temporary erosion control WORK.These schedules shall be applicable to clearing and grubbing,grading,structural WORK,construction,etc.CONTRACTOR shall also submit for acceptance the proposed method of erosion control on haul roads and borrow pits and a plan for disposal of waste material. WORK shall not be started until the erosion control schedules and methods of operations have been accepted. B.CONTRACTOR shall be required to incorporate all permanent erosion control features into the PROJECT at the earliest practicable time as outlined in the accepted schedule.Temporary erosion control measures will then be used to correct conditions that develop during construction. C.The erosion control features installed by CONTRACTOR shall be adequately maintained by CONTRACTOR until the PROJECT is accepted. D.In the event of conflict between these requirements and erosion and pollution control laws,rules, or regulations of other Federal,State or local agencies,the more restrictive laws,rules,or regulations shall apply. 3.02 PERMITS AND COMPLIANCE CONTRACTOR must apply for and obtain a Construction Dewatering Permit 401 (Colorado Wastewater Discharge Permit)from the Colorado Department of Health and Environment.All costs for this permit shall be the responsibility of CONTRACTOR.This permit requires that specific actions be performed at designated times.CONTRACTOR is legally obligated to comply with all terms and conditions of the permit including testing for effluent limitations. CONTRACTOR shall allow the Colorado Department of Health and Environment or other representatives to enter the site to test for compliance with the permit.Non-compliance with the permit can result in stoppage of all WORK. In addition to permit requirements,OWNER shall also monitor CONTRACTOR’s erosion control and WORK methods.If the overall function and intent of erosion control is not being met,then OWNER shall require CONTRACTOR to provide additional measures as required to obtain the desired results. Costs for any additional erosion control measures shall be the responsibility of CONTRACTOR,since he 02370-2 Exhibit G -Page 28 of 56 has the ultimate responsibility for providing adequate erosion control and water quality for the duration of the PROJECT. 3.03 STABILIZATION OF DISTURBED AREAS Temporary sediment control measures shall be established within five (5)days from time of exposure/disturbance.Permanent erosion protection measures shall be established within five (5)days after final grading of areas. 3.04 PROTECTION Of ADJACENT PROPERTIES Properties adjacent to the site of a land disturbance shall be protected from sediment deposition.In addition to the erosion control measures required on the DRAWINGS,perimeter controls may be required if damage to adjacent properties is likely.Perimeter controls include,but are not limited to,a vegetated buffer strip around the lower perimeter of the land disturbance,sediment barriers such as straw bales and silt fences;sediment basins;or a combination of such measures.Vegetated buffer strips may be used oniy where runoff in sheet flow is expected and should be at least twenty (20)feet in width. 3.05 TIMING AND STABILIZATION OF SEDMENT AND EROSION CONTROL MEASURES Sediment barriers,perimeter dikes,and other measures intended to either trap sediment or prevent runoff from flowing over disturbed areas must be constructed as a first step in grading and be made functional before land disturbance takes place.Earthen structures such as dams,dikes,and diversions must be stabilized within five (5)days of installation.Stormwater outlets must also be stabilized prior to any upstream land disturbing activities. 3.06 STABILIZATION Of WATERWAYS AND OUTLETS All on-site stormwater conveyance channels used by CONTRACTOR for temporary erosion control purposes shall be designed and constructed with adequate capacity and protection to prevent erosion during storm and runoff events.Stabilization adequate to prevent erosion shall also be provided at the outlets of all pipes and channels. 3.07 STORM SEWER INLET PROTECTION All storm sewer inlets which are made operable during construction or which drain stormwater runoff from a construction site shall be protected from sediment deposition by the use of filters. 3.08 WORKING IN OR CROSSING WATERCOURSES AND WETLANDS A.Construction vehicles should be kept out of watercourses to the extent possible.Where in channel WORK is necessary,precautions must be taken to stabilize the WORK area during construction to minimize erosion.The channel (including bed and banks)must always be restabilized immediately after in-channel WORK is completed. B.Where a live (wet)watercourse must be crossed by construction vehicles during construction,a Temporary Stream Crossing must be provided for this purpose. 02370-3 Exhibit G -Page 29 of 56 3.09 CONSTRUCTION ACCESS ROUTES Wherever construction vehicles enter or leave a construction site,a Stabilized Construction Entrance is required.Where sediment is transported onto a public road surface,the roads shall be cleaned thoroughly at the end of each day.Sediment shall be removed from roads by shoveling or sweeping and be transported to a sediment controlled disposal area.Street washing shall be allowed only after sediment is removed in this manner. 3.10 DISPOSITION OF TEMPORARY MEASURES All temporary erosion and sediment control measures shall be disposed of within thirty (30)days after final site stabilization is achieved or after the temporary measures are no longer needed as determined by OWNER.Trapped sediment and other disturbed soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion. 3.11 MAINTENANCE All temporary and permanent erosion and sediment control practices must be maintained and repaired as needed to assure continued performance of their intended function. 3.12 SEQUENCING CONTRACTOR shall submit a sequencing plan for approval for erosion control in conformance with CONTRACTOR’s overall Construction Plan for approval by OWNER.Changes to the Erosion Control Sequencing Plan may be considered by OWNER only if presented in writing by CONTRACTOR. 3.13 SUBSTANTIAL COMPLETION OF EROSION CONTROL MEASURES At the time specified in the CONTRACT DOCUMENTS,and subject to compliance with specified materials and installation requirements,CONTRACTOR shall receive a Substantial Completion Certificate for temporary erosion control measures. 3.14 MAINTENANCE OF EROSION CONTROL MEASURES AFTER SUBSTANTIAL COMPLETION CONTRACTOR shall be responsible for maintaining temporary erosion control measures as specified in the DRAWINGS and CONTRACT DOCUMENTS until such time as the disturbed drainage area has stabilized as determined by ENGINEER and OWNER. 3.15 FINAL COMPLETION AND ACCEPTANCE OF EROSION CONTROL MEASURES After ENGINEER and OWNER have determined that the drainage area has stabilized,CONTRACTOR shall remove all remaining temporary erosion control measures.Any damage to the site shall be repaired to the satisfaction of ENGINEER and at no cost to OWNER. END OF SECTION 02370-4 Exhibft G -Page 30 of 56 SECTION 02375 ROCK PART 1 -GENERAL 1.01 SECTION INCLUDES A.The WORK includes excavation,grading,and installation of boulders and bedding placed at the locations shown on the DRAWINGS.The materials to be used and the construction of such structures shall be as specified herein.furnishing materials,handling and installation for riprap,boulders,grouted boulders and granular bedding as shown on DRAWINGS. 1.02 RELATED SECTIONS A.Section 02240 —Water Control and Dewatering B.Section 02315 —Excavation and Embankment 1.03 SUBMITTALS CONTRACTOR shall provide the ENGINEER samples of specified materials and certified laboratory test certificates for all items required in this Section including: 1.Specific gravity of boulders 2.AASHTO T96 (L.A.Abrasion test)—for boulders 3.AASHTO Test T104 (sodium sulfate)—for boulders 4.AASHTO Test TI 03 (freeze and thaw)—for boulders PART 2-PRODUCTS 2.01 GROUTED BOULDERS Rock used for Boulders shall conform to the following: A.Minimum specific gravity for boulders shall be 2.5 or greater.The specific gravity shall be according to the bulk-saturated,surface-dry basis,AASHTO T85. B.The bulk density for the boulder shall be 1 .3 ton/cy or greater. C.Neither breadth nor thickness of a single boulder shall be less than two-thirds (2/3)of its length. D.The boulder shall have a percentage loss of not more than forty percent (40%)after five hundred (500)revolutions when tested in accordance with AASHTO Test T96. E.The boulders shall have a percentage loss of not more than ten percent (10%)after five (5)cycles when tested in accordance with AASHTO Test Tl04 for ledge rock using sodium sulfate. 02375-1 Exhibit G -Page 31 of 56 F.The boulders shall have a percentage loss of not more than ten percent (10%)after twelve (12)cycles of freezmg and thawing when tested in accordance with AASHTO Test TI 03 for ledge rock, procedure A. G.Rock shall be free of calcite intrusions. H.The color of the boulders shall be gray with gray/blue hues or other acceptable colors approved by OWNER prior to delivery to the PROJECT site.Color shall be consistent on the entire PROJECT and shall match the color of rock to be used for all other portions of the WORK. I.Boulder sizes specified on the drawings are the minimum acceptable boulder dimension measured along any axis of the boulder.Boulders may be larger but not smaller in any dimension than the specified minimum size. Boulder Nominal Size Range in Smallest Maximum Ratio Classification (inches)Dimension of of Largest to Smallest Individual Rock Rock Dimension of Boulders Individual (inches)Boulders B18 18 17-20 1.50 B24 24 22-26 1.50 B30 30 28-32 1.50 B36 36 34-38 1.50 B42 42 40-44 1.50 B48 48 45-51 1.50 2.04 GRANULAR BEDDING A.Gradation for granular bedding shall be as shown in table: Gradation for Granular Bedding. Percent Weight by Passing Square-Mesh Sieves U.S.Standard Sieve Size Type I Type 11 (CDOT Sect.703.01)(CDOT Sect.703.09 Class A) 3inches -90-100 1-1/2 inches -- 3/4 inches -20 -90 3/8 inches 100 - No.4 95-100 0-20 No.16 45-80 - No.50 10-30 - No.100 2-10 - No.200 0-2 0-3 02375-2 Exhibit G -Page 32 of 56 B.Granular bedding designation and total thickness of bedding shall be as shown on the DRAWINGS. PART 3-EXECUTION 3.02 BOULDERS Boulders of all types shall be installed in accordance with the DRAWTNGS and the following requirements: A.The subgrade to receive boulders shall be excavated and any unstable material shall be removed.Approved material shall be placed and compacted in maximum 8-inch loose lifts to ninety eight percent (98%)of Standard Proctor Density (ASTM D 698).Unstable material shall be removed from the PROJECT site and disposed of by CONTRACTOR.Removal and, replacement of unstable material shall only be completed at the direction of ENGINEER and shall be paid for under Unsuitable foundation Material Excavation (see Specifications Section 02315). B.Excavate for placement of the boulders as indicated.Remove all soft,yielding material; replace with suitable on-site material;compact to smooth firm surface. C.finished grades shown on the drawings denote the top surface of boulders. D.Placement of Boulders.It is the intent of construction to minimize voids and grout placed between boulders.Boulders shall be individually selected and individually machine placed using an excavator equipped with a “rock thumb”.Boulders shall be placed as close together as the character of the boulders permits.Boulders shall be placed such that adjacent boulders “touch”each other and machine adjustment of boulders shall be carried out to minimize voids. E.Place boulders on undisturbed soil if possible,or on under-layer of bedding and/or filter fabric as shown on the DRAWINGS.Boulders shall be individually placed in a manner to avoid displacing underlying materials or placing undue impact force on the underlying materials.Each stone shall be lowered to essentially the final position by the use of a multi-prong grapple device or suitable equipment for handling material and,if necessary,the stone shall be picked up and repositioned. F.Dragline buckets and skits shall not be used for placement of boulders.Placement shall begin at the bottom of slope.Moving stone by drifting or manipulation down the slope will not be permitted. G.Boulders shall not be dropped from a height of greater than 1 foot. H.Orient stones in their final position such that minimum dimension is parallel to the slope with the flatter side located at the top. I.Boulders shall be placed on the prepared subgrade in a manner which will minimize voids.Voids between boulders exceeding 4”shall be chinked. 02375-3 Exhthit G -Page 33 of 56 J.Install granular bedding material in the number of layers and to the minimum thickness as shown on the DRAWINGS The bedded material shall be spread in such a manner to avoid segregation of material and to insure uniform thickness of the layer. END OF SECTION 02375-4 Exhibit G -Page 34 of 56 SECTION 02710 AGGREGATE BASE COURSE PART 1 GENERAL 1.01 SECTION INCLUDES The WORK to be performed includes the preparation of the aggregate base course foundation;and the production,stockpiling,hauling,placing,and compacting of aggregate base course. 1.02 RELATED SECTIONS A.Section 02240 —Water Control and Dewatering B.Section 02315 —Excavation,Backfill and Compaction 1.03 SUBMITTALS CONTRACTOR shall cooperate with ENGNEER in obtaining and providing samples of all specified materials.CONTRACTOR shall submit certified laboratory test certificates for all items required in this section. PART 2 PRODUCTS 2.01 MATERIALS A.Aggregates.Aggregates for bases shall be crushed stone,crushed slag,crushed gravel or natural gravel that conforms to the quality requirements of AASHTO M 147 except that the requirements for the ratio for the minus No.200 sieve fraction to the minus No.40 sieve fraction shall not apply.The requirements for the Los Angeles wear test shall not apply to Class 1,2 and 3. Aggregates for bases shall meet the grading requirements as called out in the DRAWINGS.The liquid limit shall be as shown in the table and the plasticity index shall be 6. 02710-1 B.Gradations Exhibit G -Page 35 of 56 Standard US Percentage by Weight Passing Square-Mesh Sieves Sieve Size LL <35 LL <30 Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 4inch ---100 ------ 3inch ---95-100 ------ 2 1/2 inch 100 --------- 2 inch 95 -100 ------100 1 1/2 inch ---------90 -100 100 1 inch ------------95 -100 ---100 3/4 inch ---------50 -90 ---100 No.4 30-65 ------30-50 30-70 30-65 No.8 ---------------25 -55 20 -85 No.200 3-15 3-15 20rnax.3-12 3-15 3-12 5-15 Note:Class 3 materials shall consist of bank or pit run material. 2.02 EQUIPMENT Equipment shall be capable of legally performing the WORK as described in this SPECIFICATION. Equipment that is inadequate to obtain the results specified shall be replaced or supplemented as required to meet the requirements of this SPECIFICATION.Any equipment that is used in an improper manner may be cause for rejection of the WORK if in the opinion of ENGINEER the WORK fails to meet the requirements of this specification. Equipment used for compaction shall be the rolling type,vibratory type,or combination of both types, and shall be of sufficient capacity to meet the compaction requirements herein. PART 3 EXECUTION 3.01 PREPARATION OF FOUNDATION The foundation shall be considered to be the finished earth subgrade,subbase course,or base course,as the case may be,upon which any subbase,base or surface course is to be constructed. Preparation of foundation for construction of a subbase,base,or surface course shall consist of the WORK necessary to restore,correct,strengthen or prepare the foundation to a condition suitable for applying and supporting the intended course. For aggregate base course roads and parking areas,the top six-inches of topsoil shall be stripped within the area to be aggregate surfaced.Following stripping of the topsoil,the upper twelve (12)inches of the subgrade shall be scarified and compacted to a minimum of ninety five percent (95%)of the Maximum Standard Proctor Density (ASTM D698).On-site material may be used as accepted by ENGINEER,for compacted fill for the aggregate base course.Fill shall be placed within two percent (2%)of optimum moisture content and compacted to a minimum of ninety five percent (95%)of the Maximum Standard Proctor Density (ASTM D698). Aggregate base course used as a foundation for pavements shall be placed on the subgrade within two percent (2%)of optimum moisture and compacted to a minimum of one hundred percent (100%)of the Maximum Modified Proctor Density (ASTM D1557).The top six (6)inches of topsoil shall be stripped 02710-2 Exhibit G -Page 36 of 56 within the area to be aggregate surfaced.following stripping of the topsoil,the upper twelve (12)inches of the subgrade shall be scarified and compacted to a minimum of ninety five percent (95%)of the Maximum Standard Proctor Density (ASTM D698).On-site material may be used,as accepted by ENGINEER,for compacted fill for the aggregate base course.F ill shall be placed within two percent (2%)of optimum moisture content and compacted to a minimum of ninety five percent (95%)of the Maximum Standard Proctor Density (ASTM D698),Deviations in aggregate base course under pavements of more than one-quarter (¼)inch in ten (10)feet,measured with a ten-foot (10’)straight edge, shall be corrected prior to pavement construction. The foundation shall be prepared and constructed such that it will have a uniform density throughout.It shall be brought to the required alignment and cross section with equipment and methods adapted for the purpose.Upon completion of the shaping and compacting operations,the foundation shall be smooth,at the required density,and at the proper elevation and contour to receive the aggregate base course. Unless otherwise provided,all holes,ruts and other depressions in the foundation shall be filled with materials similar to those existing in the foundation.High places shall be excavated and removed to the required lines,grade and section. Areas of yielding or unstable material shall be excavated and backfilled with stabilization rock as determined by ENGINEER.Base course material shall not be placed on a foundation that is soft,spongy, or one that is covered by ice or snow.Base course shall not be placed on a dry or dusty foundation where the existing condition would cause rapid dissipation of moisture from the base course material and hinder or preclude its proper compaction.Dry foundations shall have water applied and reworked and compacted as necessary. ENGINEER shall direct CONTRACTOR to make minor adjustments in the finish grade from that shown in the DRAWINGS as may be necessary or desirable to maintain the characteristics of a stabilized foundation by minimizing the amount of cutting into or filling. 3.02 EARTH SUBGRADE When the foundation is an earth subgrade it shall be prepared by removing all vegetation,excavating and removing materials,filling depressions,scarifying,shaping,smoothing and compacting to meet the required grade,section and density.Stones over six (6)inches in greatest dimension shall be removed. 3.03 PLACEMENT The aggregate base course shall be constructed to the width and section shown in the DRAWINGS.If the required compacted depth of base course exceeds six (6)inches,the base shall be constructed in two (2) or more layers of approximate equal thickness.The maximum compacted thickness of any one (1)layer shall not exceed six (6)inches. Each layer shall be constructed as far in advance of the succeeding layer as ENGINEER may direct.The WORK shall,in general,proceed from the point on the PROJECT nearest the point of supply of the aggregate in order that the hauling equipment may travel over the previously placed material,and the hauling equipment shall be routed as uniformly as possible over all portions of the previously constructed courses or layers of the base course. The material shall be deposited on the soil foundation,or previously placed layer,in a manner to minimize segregation and to facilitate spreading to a unifonn layer of the required section.In the event that blending of materials is necessary to provide required gradation and properties of the material,and is 02710-3 Exhibit G -Page 37 of 56 done in the roadway,the same shall be accomplished by mixing the aggregate and blending material by means of blade graders,discs,harrows,or other equipment to effect a uniform distribution and gradation throughout the finished mixture.Excessive mixing and grading that will cause segregation between the coarse and fine materials is prohibited. 3.04 COMPACTION A.After a layer or course has been placed and spread to the required thickness,width and contour,it shall be compacted.If the material is too dry to readily attain the required density,it shall be uniformly moistened to the degree necessary during compaction operations for proper compaction. B.Compaction of each layer shall continue until the required density specified in Sub-section 3.01 is reached.The surface of each layer shall be maintained during compaction operations in such a manner that a uniform texture is produced and aggregates firmly keyed. All areas where proper compaction is not obtainable due to segregation of materials,excess fines, or other deficiencies ii the aggregate shall be reworked as necessary or the material removed and replaced with aggregates that will meet this specification. The surface of each layer shall be kept true and smooth at all times. 3.05 MIXING Unless otherwise specified,CONTRACTOR shall mix the aggregate by any one of the three following methods: A.Stationary Plant Method.Aggregate base course and water shall be mixed in an approved mixer.After mixing,the aggregate shall be transported to the project site while it contains the proper moisture content and shall be placed on the roadbed by means of an approved spreader. B.Travel Plant Method.After the material for each layer has been placed through an aggregate spreader or windrow-sizing device,it shall be uniformly mixed by a traveling mixing plant. C.Road Mix Method.After material for each layer has been placed,the materials shall be mixed while at optimum moisture content by motor graders or other approved equipment until the mixture is uniform throughout. 3.06 SHOULDER CONSTRUCTION Shoulders shall be constructed with base course material to conform to the elevation and section shown in the DRAWINGS.No equipment shall be used which by its design or through its manner of operation will damage the pavement or curbs.thsofar as practicable,the base course material shall be placed directly on the shoulder area.Materials that are deposited outside the shoulder area,if not contaminated,shall be recovered and placed within the required limits.CONTRACTOR shall not be compensated for materials not recovered as determined by ENGINEER. Materials shall not be deposited on the pavement or surfacing during placing unless specifically permitted by ENGINEER. 02710-4 Exhibit G -Page 38 of 56 The base course material as placed shall be spread and compacted to the required density in layers not exceeding six (6)inches in compacted thickness.Any material inadvertently placed on the pavement shall be broomed from the pavement.The result shall not effect a change in the gradation of the shoulder material. END OF SECTION 02710-5 Exhibit G -Page 39 of 56 THIS PAGE INTENTIONALLY LEFT BLANK 02710-6 Exhibit G -Page 40 of 56 SECTION 02740 FLEXIBLE PAVEMENT PART 1 -GENERAL 1.01 SUMMARY A.Work included:Work consists of furnishing all labor,material and equipment necessary for completion of the furnishing,laying and compacting Hot Mix Asphalt Pavements (HMAP)in confonnance with lines,grades and typical cross sections shown in the details and on the Drawings.The HMAP shall be hot mixed at a central plant. B.Where the specifications and/or on the drawings use “HMAP”“Hot Bituminous Pavement,’or “Asphaltic Concrete Pavement”,these terms shall mean the same as “Hot Mix Asphalt Pavements.” C.The following items of the MGPEC Pavement Design Standards &Construction Specifications,Appendix B,Construction Specifications are made an integral part of these Specifications: 1.Item 0 GENERAL 2.Item 1 REMOVAL OF EXISTING PAVEMENT 3.Item 5 STABILIZED SUBGRADE 4.Item 8 STABILIZATION FABRIC 5.Item 9 HOT MIX ASPHALT PAVEMENT 6.Item 10 PAVING FABRIC 7.Item 13 JOINT AND CRACK SEALANT 8.Item 17 ASPHALT PATCH 9.Item 1$UTILITY CUT AND BACKFILL D.The following exceptions to the MGPEG Specifications shall govern in this project. 1.Measurement and Payment shall be found in Section 01150. 1.02 SUB MITTALS A.Mix Designs:At least two weeks prior to paving,the Contractor,at his expense,shall submit the mix design for each area of pavement.The Testing Laboratory shall,at the Contractor’s expense,test all materials for compliance with these specifications and establish a job mix formula for each mixture proposed for use on the project. B.Test Reports:The Contractor shall employ a qualified Testing Agency to conduct all testing of HMAP.The Testing Laboratory shall submit to the State for approval two copies of a report containing legible copies of all test data,graphs,tables,and charts used to establish the job mix formula.The report shall bear the seal and signature of a professional engineer,licensed in Colorado,and competent in asphalt concrete mix design and construction.In order for a proposed material to be acceptable,the Testing Laboratory must report that the proposed materials and job mix meet or exceed this specification. C.Source:The Contractor shall submit the source and supplier of all materials together with addresses and phone numbers. 02740-1 Exhibit G -Page 41 of 56 1.04 THICKNESS/GRADATION The following asphaltic concrete thicknesses and gradations shall be used unless noted otherwise. Lociion Inches Gradations Golf Cart Path —all lifts 3 S See Item 9 of MGPEC below for requirements. PART 2 -PRODUCTS (Not Used) PART 3-EXECUTION 3.01 SUBGRADE PREPARATION Only areas 1 &3:Prior to paving,the entire subgrade area should be scarified to a depth of 8 inches and the moisture adjusted to optimum ±2 percent.Compaction should meet criteria shown in Section 02210,Paragraph 3.2 E.Afier proper moisture and compaction has been achieved,the subgrade should be proof rolled with a heavily loaded pneumatic-tired vehicle.The vehicle should have gross vehicle weight of at least 50,000 pounds with a loaded single axle weight of 18,000 pounds and a tire pressure of 100 psi.Pavement design procedures assume a stable subgrade.Areas which deform excessively under heavy wheel loads are not stable and should be removed and replaced to achieve a stable subgrade prior to paving. 302 PLACEMENT The pavement shall be compacted to a density of 92 to 96 percent of the maximum theoretical density,determined by AASHTO T209. 3.03 CLEAN-UP After completing asphalt-paving operations,clean surfaces,pick up excess paving materials,and clean the work area. END Of SECTION 02740-2 Exhibit G -Page 42 of 56 Date:_2012 Project Name:Stone Creek flood Mixture Design Requirements forHazardMitigationProjectHotMixAsphaltPavements(HMAP)MGPEC Form #9 Project Special Provision Sheet for Hot Mix Asphalt Pavements (HMAP) This MGPEC Form #9 is a mandatory part of the bid documents,and shall be filled out by the AGENCY for each mix specified.The Contractor shall include a copy of this form with each Mix Design submittal after the contract is awarded. Street Classification Golf Cart Path (examples:Residential,Collector,Arterial,Industrial,Parking Lot) Construction Application:Top Lift LI Intermediate Lift(s)Bottom Lift(s) LIPatching LI Other_______________ Aggregate Gradation:LI Grading SX Grading S LI Grading SG <2”thick lifts 2”to 3”thick lifts 3”to 4”thick lifts RAP Quantity,Maximum:0%LI20% Mix Design Method &Compaction Level:(Chose one Compaction Level (Ndesjgfl =)from Traffic Level) Superpave Gyratory,Ndesign (See Table 9.3.2) Criteria for 2002 may be substituted for these 1999/2000 mix design criteria LI N=50 new category (new 2002 Traffic Category:Paths &non-Vehicular) N=75 LI N=68 (Traffic Level 1,Traffic Loading:0 to <300,000 ESAL5) LI N=76 (Traffic Level 2,Traffic Loading:300,000 to <1 Million ESALs) LI N=86 (Traffic Level 3,Traffic Loading:1 Million to <3 MillionESALs) LI N=100 LI N=96 (Traffic Level 4,Traffic Loading:3 Million to <10 Million ESAL5) LI N=109 (Traffic Level 5,Traffic Loading:10 Million ESALs) Asphalt Binder:PG 58-28 (For Traffic Levels 1 &2)=‘help reduce low temperature cracking LI PG 64-22 (For Traffic Levels 2 through 5)=for higher axle load traffic LI PG 76-28 (For Traffic Levels 3 through 5)for high priority roads,high axle loads,slow moving or stop &go traffic flow conditions) Target Job Mix Optimum Asphalt Content Selection (see November 19,2003 Technical Advisory): not recommended —÷>Standard =>Choose Target %AC at close to 4.0%(3.5%to 4.5%Air Voids per MGPEC 2001 version &CDOT 2001-2002).Also,all mix design VMA requirements of Table 9.2.1.3 are reduced by 0.3%.Bid prices will be per ton of mix. Recommended -->LI CDOT mix production shift to increase %AC >Choose Target %AC at Air Voids of no more than 1.0%below that established in Standards method above.Reduced Vi’IA spec as above.Do not violate VfA spec.field Air Voids to be MINIMUM 3.0%.Bid Price to include all Asphalt Cement,assume maximum increase of .3%%AC from ‘Standard Target %AC’,unless Agency has separate contract bid item. A completed MGPEC Form #9 shall supplement the MGPEC Construction Specifications defming the contract specific requirements of Item 9:Hot Mix Asphalt Pavement (FUvIAP).Refer to the Specifications for details 02740-3 Exhibit G -Page 43 of 56 SECTION 02821 SEEDING,SODDING AND FERTILIZING PART 1 GENERAL 1.01 SCOPE OF WORK The work under this Section of the Specifications consists of furnishing all labor,materials,and equipment required for seeding or sodding the areas shown on the Drawings in accordance with these Specifications. PART 2 PRODUCTS 2.01 MATERIALS All materials shall conform to the following requirements: A.Seed: Seed shall be purchased from an established,reputable seed dealer,tagged to comply with the requirements of the seed mixture shown on the Drawings and/or in these Specifications and shall be approved by the GOLF COURSE ARCHITECT before use. Seed shall be certified as to purity of variety by the State Certifying Agency in the state of origin,and shall be “certified sod quality plus”based on both the contaminants prohibited and on the amount of seed tested. When seed is tested,it shall be on the basis of a 25—gram sample and shall not contain any noxious weeds for the specific region of the golf course nor any grassy weeds. The Contractor,if required by the Owner,shall furnish seed and soil samples to the Golf Course Architect at such time as will permit tests to be completed before any seeding is to be done.Testing costs will be paid for by the Owner. Seed and fertilizer SHALL NOT be applied in the same operation. B.Sod: Sod shall include a maximum of the top 1”of well established cultured sod consisting in the major part of live Kentucky Bluegrass varieties representing as many kinds of seed as shown in the SEED VARIETY CHART found at the end of this section (Irrigated Fairway Mix),grown on loam soil,unless otherwise approved by the GCA.Sod shall be free from noxious weeds,relatively free from all other weeds,and free from roots, stones and other objectionable materials.Sod shall resist normal handling without undue breaking or tearing. Before the sod is cut,it shall be raked free of debris and the top growth shall be trimmed to a height of approximately one and one half (1 1/2)inches. 02821-1 Exhibit G -Page 44 of 56 When the sod is cut,it shall be sufficiently moist to withstand exposure and handling during the transplant operations.If necessary,the sod shall be watered before cutting. C.fertilizer: F ertilizer shall be a commercial formula as indicated in the following sub-sections and shall conform to applicable State fertilizer laws. Seed and fertilizer SHALL NOT be applied in the same operation. fertilizer must be dry and free flowing when applied.Caked or deteriorated materials will not be permitted. Total composition and application rates of ALL fertilizers shall conform to the manufacturer’s recommended rate(s). D.Mulch,if used on fairways and/or other undisturbed areas,may be fibrous wood mat or wheat straw approved by the Golf Course Architect.Mulch for greens,when required in the Special Conditions,shall only be fibrous wood mat.Only fertilizer and mulch may be applied in the same operation. E.Hydro-seeding will be permitted in lieu of the mechanical seeding described in this section (Technical Section -Seeding,Sodding and fertilization). F.Water shall be suitable for irrigation and free from ingredients harmful to plant life. Water shall be provided by the Owner. G.Stakes for holding the sod on slopes shall be lath or shingles,6”long and pointed. Where this length of stake does not provide firm bearing,a stake of sufficient length to secure firm bearing shall be used. PART 3 EXECUTION 3.01 fINISH SHAPING/ROCK PICKING/SEED BED PREP.OF TEES,FAIRWAYS AND SLOPES A.The Contractor shall understand that the finish grading phase of golf course construction involves the most artistic and creative portion of the work,and the Contractor shall coordinate,cooperate and work closely with the GCA and Superintendent to obtain the desired results. B.The Contractor will take all necessary precautions to prevent damage to drainage pipe, irrigation pipe,wiring,sprinkler heads,controllers,and under ground valve boxes previously installed.All culverts or other pipes in the area of haul roads should be ramped with sufficient earth fill if necessary to prevent damage.Should any damage occur,it would be the Contractor’s responsibility to repair the damage at his expense. 02821-2 Exhibit G -Page 45 of 56 C.All grades and contours previously established in the rough grading operation will be maintained and enhanced.Any damage or disruption to these grades or contours will be re-established by the Contractor. D.The finish grading operation shall begin afier the irrigation and major drainage work is completed in a given area.The GCA and Superintendent will be notified prior to any finish work so that they may inspect all work to that point and aid the Contractor in scheduling the finish grading. 3.5 Any area which may have been compacted by vehicle movement or by storage of materials or equipment shall be ripped,plowed,disked,and dragged to bring the affected area to a friable condition.Ripping shall be performed to a depth of 18”or all the way through the compacted soil if it is shallower than 1$”.Ripping shall be perfonned in at least two different directions to ensure proper breaking up of the material and to eliminate water holding pockets in the subgrade. 3.6 The fairways shall be smoothed and floated by means of a tractor drawn board or pipe drag,steel mat,soil surgeon,or equal.All clods shall be thoroughly pulverized and all areas blended to existing grades.This shall insure that there are no spots which shall hold water and that the surface is such that a gang mower set at 1/2 inch in height will not scalp any area. 3.7 The practice tee shall be treated in the same manner as regular tees. 3.8 The practice fairway and adjacent rough shall be treated in the same manner as regular fairways and rough areas. 3.9 Target greens shall be treated in the same manner as the fairways. 3.9.1 They should be shaped and located as indicated on the grading plans or as directed by the GCA. 3.9.2 They should consist of approved topsoil to a depth of at least 3 inches. 3.10 The Contractor shall provide a six inch (6”)topsoil cover for the areas shown on the plans to be seeded and bring the entire site to grade. 3.11 If the topsoil cover has been disturbed or is less than an acceptable depth prior to the application of seed,the Contractor shall supplement the topsoil in deficient areas to bring it up to a minimum acceptable depth. 3.12 Topsoil shall be free from turf,weeds,rock larger than one (1)inch in diameter in the top four (4)inches,concrete,roots,lime,cement,ashes or other deleterious matter which shall be hauled to a designated area on site.Topsoil shall be natural,friable, fertile loam possessing characteristics of representative topsoil in the vicinity.The actual volume of rock between 3/8”and 1”shall not exceed 10%in finished surface of the topsoil. 02821-3 Exhibit G -Page 46 of 56 3.13 All holes,depressions,and rivulets shall be filled in and brought to a smooth grade.All sticks,branches,stones,or debris on the surface which will interfere with seeding shall be picked up and removed from the site. 3.14 The area to be seeded shall be worked until the soil is completely fined,in a mellow condition at least two (2)inches deep,disked,brought to finish grade,and dragged smooth by means of a tractor drawn board or pipe drag,steel mat,soil surgeon,or equal.All clods shall be thoroughly pulverized and all areas blended to existing grades. This shall insure that there are no spots which shall hold water and that the surface is such that a gang mower set at 1/2 inch in height will not scalp any area. 3.15 Areas around irrigation heads,controllers,drainage lines and caps,restricted areas around bunkers and greens that cannot be mechanically prepared shall be manually raked and smoothed. 3.16 At the completion of the seedbed preparation operation and prior to any grassing the GCA and Superintendent shall be notified for inspection and approval. 3.02 WEED CONTROL A.The Contractor shall be responsible for weed control prior and during seeding operations,whether the seeding is to be done in the F all and/or Spring.Weed control may be a combination of proper mowing,fertilization,irrigation,turf cultivation, vertical cutting,insect and disease control practices. B.If seeding of an already prepared seedbed is to be suspended or delayed for a period of time,it may be necessary to utilize one or more methods of weed control such as: •Tillage of the soil at four (4)to six (6)week intervals OR •Application of a selective chemical pre-plant,pre-emergence or post emergence herbicide. •Herbicides may be non-systemic or systemic. C.The person applying any weed killing chemical shall be a licensed or an otherwise approved applicator and shall adhere to any local,state or federal agencies requirements.All chemicals used by the Contractor shall be applied in accordance with the directions on the manufacturer’s label as registered under the Federal Insecticide, fungicide and Rodenticide Act. 3.03 FERTILIZING -TEES,FAIRWAYS AND NEAR ROUGH A.When fertilizing tees,fairways and near rough when they are to be seeded,the Contractor shall apply three (3)separate applications of fertilizer The following schedule of fertilizer applications shall be applied at the times,conditions and rates described below. 1.Application #1:The Contractor shall apply Scotts HD Starter Fertilizer, chemically homogeneous material,applied at the rate of 159 pounds per acre 02821-4 Exhibit G -Page 47 of 56 (4 bags per acre)to the properly prepared seedbed with a mechanical spreader and shall be thoroughly mixed into the top two (2)inches of topsoil.This application shall be applied within two (2)days prior to seeding.This period of two (2)days may be changed as recommended by the manufacturer based upon fluctuations in precipitation,environmental conditions,etc. 2.After completing fertilizer Application #1 in all specified areas,these areas shall then be “floated out”to the satisfaction of the Golf Course Architect. The final seedbed must be smooth and sufficiently soft to insure good soil/seed contact.The final surfaces must also be free from water-holding depressions or pockets.The condition of the seedbed and the puffing surfaces must be approved by the Golf Course Architect prior to the planting. 3.Application #2:The Contractor shall apply Scotts HD Starter fertilizer, chemically homogeneous material,applied at the rate of 159 pounds per acre (4 bags per acre)to the properly prepared seedbed with a mechanical spreader and shall not be incorporated into the seedbed.It shall be applied IMMEDIATELY prior to seeding.This application shall be performed within the two (2)days prior to planting seed.Areas which are not seeded within two (2)days after application of this application shall be refertilized before seeding. 4.Application #3:Twenty-one (21)days after seeding the Contractor shall apply Scotts HD Super fairway,chemically homogeneous material,with the fertilizer mixture at the rate of 168.5 pounds per acre (4 bags per acre). B.When fertilizing tees,fairways and near rough when they are to be sodded,the Contractor shall apply two (2)separate applications of fertilizer.The following schedule of fertilizer applications shall be applied at the times,conditions and rates described below. Before proceeding with any fertilizing or sodding in these specified areas, these areas shall be “floated out”to the satisfaction of the Golf Course Architect.The final sodbed must be smooth and sufficiently soft to insure good soil/sod contact.The final surfaces must also be free from water- holding depressions or pockets.The condition of the sodbed must be approved by the Golf Course Architect prior to the planting. 2.Application #1:The Contractor shall apply Scoffs HD Starter fertilizer, chemically homogeneous material,applied at the rate of 159 pounds per acre (4 bags per acre)to the properly prepared sodbed with a mechanical spreader and shall not be incorporated into the sodbed.It shall be applied IMMEDIATELY prior to sodding.This application shall be performed within the two (2)days prior to laying sod.Areas which are not sodded within two (2)days after application of this application shall be refertilized before sodding. 02821-5 Exhibit G -Page 48 of 56 3.Application #2:Fifteen (15)to Twenty-Five (25)days after sodding and/or at the time adjacent seed is fertilized,the Contractor shall apply Scotts RD Super Fairway,chemically homogeneous material,with the fertilizer mixture at the rate of 168.5 pounds per acre (4 bags per acre). 3.04 FERTILIZING -GREENS A.When fertilizing greens when they are to be seeded,the Contractor shall apply three (3) separate applications of fertilizer.The Owner will then apply one (1)application.The following schedule of fertilizer applications shall be applied at the times,conditions and rates described below. 1.Application #1:The Contractor shall apply Scotts STEP Fertilizer, chemically homogeneous material,applied at the rate of 500 pounds per acre (10 bags per acre)to the properly prepared seedbed with a mechanical spreader and shall be worked into the top three (3)inches of root-zone mix with a sand pro or suitable equipment. 2.After completing Fertilizer Application #1 in all specified areas,these areas shall then be “floated out”to the satisfaction of the Golf Course Architect. The final seedbed must be smooth and sufficiently soft to insure good soil/seed contact.The final surfaces must also be free from water-holding depressions or pockets.The condition of the seedbed and the putting surfaces must be approved by the Golf Course Architect prior to the planting. 3.Application #2:At the time of seeding,but not later than two (2)days after application of the STEP Fertilizer,the Contractor shall apply a mix of Scotts RD Starter Fertilizer,chemically homogeneous material,at the rate of 159 pounds per acre (4 bags per acre)with phosphorus,at the rate of 87 pounds per acre (8 bags per acre)(19-26-5). 4.Application #3:Approximately fifteen (15)days after seeding,the Contractor shall apply Scofts Fertilizer plus Manganese 22-0-12,at the rate of 132 pounds per acre (4 bags per acre). 5.After another ten (10)days,the Owner will repeat the same application as indicated in paragraph 6.1.4 above. B.When fertilizing greens when they are to be sodded,the Contractor shall apply two (2) separate applications of fertilizer.The following schedule of fertilizer applications shall be applied at the times,conditions and rates described below. 1.Before proceeding with any fertilizing or sodding in these specified areas, these areas shall be “floated out”to the satisfaction of the Golf Course Architect.The final sodbed must be smooth and sufficiently soft to insure good soil/sod contact.The final surfaces must also be free from water holding depressions or pockets.The condition of the sodbed must be approved by the Golf Course Architect prior to the planting. 02821-6 Exhibit G -Page 49 of 56 2.Application #1:The Contractor shall apply Scotts HD Starter Fertilizer, chemically homogeneous material,applied at the rate of 159 pounds per acre (4 bags per acre)to the properly prepared seedbed with a mechanical spreader and shall not be incorporated into the seedbed.It shall be applied IMMEDIATELY prior to seeding.This application shall be performed within the two (2)days prior to planting seed.Areas which are not seeded within two (2)days after application of this application shall be refertilized before seeding. 3.Application #2:After fourteen (14)days,the Contractor shall repeat the same application as indicated in paragraph 6.2.2 above. 3.05 FERTILIZING -UN-IRRIGATED FAR ROUGH The Contractor shall apply $cotts HD Starter Fertilizer,chemically homogeneous material, applied at the rate of 159 pounds per acre (4 bags per acre)to the properly prepared seedbed with a mechanical spreader and shall not be incorporated into the seedbed.It shall be applied IMMEDIATELY prior to seeding.This application shall be performed within the two (2)days prior to planting seed.Areas which are not seeded within two (2)days after application of this application shall be refertilized before seeding. 3.06 SEEDING -TEES,FAIRWAYS,NEAR ROUGH AND FAR ROUGH A.The areas sprinkled by the irrigation system shall be seeded with fairway,Tee or Near Rough mix.The areas that do not receive sprinkling from the irrigation system,but have been disturbed during construction,shall be seeded with the Far Rough Mix. B.Seeding shall be done by means of a culti-packer seeder (Brillion or equal).All seed shall be evenly distributed on a still day at the application rate noted in these specifications,crossing the ground two different directions,applying 1/2 of the total application in each pass. C.The general seasons for seeding (dates are approximate and specific completion dates will be identified in the Special Conditions to conform to various growing seasons in different regions of the country)are as follows: Spring April 15 -June 15 Fall August 15 -October 15 D.Extreme care shall be taken when broadcasting the fairway seed so that it does not overlap into unwanted areas such as the putting green surfaces.A drop type seeder shall be used immediately around the perimeter of the areas planted with Penncross on the greens. E.The Golf Course Architect shall be the final judge as to the condition of all seeded areas which must have his approval. 02821-7 Exhibit G Page 50 of 56 F.Hydro-seeding will be permitted in lieu of the mechanical seeding described above. Only fertilizer and mulch may be applied in the same operation. G.Unirrigated disturbed rough or unirrigated native areas shall be machine seeded (Brillion)in two operations applying 1/2 of the seed required in each operation. H.The rough areas to be planted or areas where existing turf is saved shall be planted by means of a drill seeder (large seed)or a culti-packer seeder (small seed).Care shall be taken not to disturb the natural grasses. I.Maximum allowable weed seed shall not exceed one percent (1%)of bulk seed in any species. I.Seed -The minimum percentage by weight of pure live seed in each lot of seed and the planting rates shall be as indicated in the SEED VARIETY CHART found at the end of this section. 3.07 SODDING -TEES,FAIRWAYS,NEAR ROUGH AND FAR ROUGH A.Sod will be secured by staples/stakes if necessary. B.Precautions shall be taken to prevent sod from drying out and from heating.Sod that shows visible signs of heating shall not be incorporated in the project. C.Strips shall be placed tightly against each other so that no open joints are apparent.Sod shall be placed without stretching. D.Sod shall be watered and compressed into the underlying soil by rolling.The initial watering and rolling shall provide firm contact and bond between the sod and the underlying soil.The rolling shall result in a smooth even surface free of humps and depressions but shall not cause excessive compaction. E.At the top of slopes,sod will be laid so water from adjacent areas will not flow freely onto greens or into bunkers to minimize silt contamination. F.Sodding Around Greens,Tees and Bunkers 1.The perimeter of all greens and bunkers shall be sodded with a strip bluegrass sod to a minimum width of eighteen (18)inches as shown on the seeding/sodding plan and/or as directed in the field by the GCA. 2.Sod adjacent to greens shall be depressed so that the top of the sod is flush with the finish surface of the green (whether the green be sodded or seeded).Sod that is higher than the green surface will be removed by the Contractor and re-laid properly. 02821-8 Exhibit G -Page 51 of 56 3.08 SEEDING -GREENS A.Greens shall be seeded with a hand mechanical drop seeder or hydro-seeder.All seed shall be evenly distributed on a still day at the application rate and variety noted in these specifications and found in the SEED VARIETY CHART at the end of this section. B.The application of seed shall be applied in two (2)different directions (preferably perpendicular to one another).Each complete application coverage of the putting surface shall consist of no more than one-half (1/2)the total application to be applied for that area.Each application coverage shall consist of at least one pass tracing the outline of the green as indicated on the plans and/or as staked in the field. C.The seed shall be applied in such a manner that there shall not be any areas that do not receive at least the application rate indicated in the SEED VARIETY CHART.Any areas that do not have sufficient seed distribution shall be hand seeded. D.The seed shall then be raked with a sand pro,or lightly raked with a large bunker rake, to insure contact with the seedbed and watered immediately. E.Extreme care shall be taken when broadcasting the fairway seed so that it does not overlap into unwanted areas such as the putting green surfaces.A drop type seeder shall be used immediately around the perimeter of the areas planted with bentgrass on the greens. F.The Golf Course Architect shall be the final judge as to the condition of all seeded areas which must have his approval. G.Seed -The minimum percentage by weight of pure live seed in each lot of seed and the planting rates shall be as indicated in the SEED VARIETY CHART found at the end of this section. 3.09 SODDING -GREENS A.Precautions shall be taken to prevent sod from drying out and from heating.Sod that shows visible signs of heating shall not be incorporated in the project. B.Strips shall be placed tightly against each other so that no open joints are apparent.Sod shall be placed without stretching. C.The green putting surface shall be smoothly ringed with one (1)strip of sod in order than the outside edge of sod conforms to the outline of the green as shown on the plans and/or staked in the field.See paragraph 9.2 for requirements for sod around the putting surfaces. D.Sod shall be watered and compressed into the underlying soil by rolling.The initial watering and rolling shall provide firm contact and bond between the sod and the 02821-9 Exhibit G -Page 52 of 56 underlying soil.The rolling shall result in a smooth even surface free of humps and depressions but shall not cause excessive compaction. E.Bentgrass sod for greens shall have been grown on a sand bed having gradations equal to the specifications for root-zone mix.If bentgrass sod is grown on any other type of soil (loam,etc.)before it is cut,this sod shall be washed after cutting to remove soil that is not in compliance with the root-zone mix specifications. 3.10 MAINTENANCE OF THE SEEDED AREAS A.Immediately after each specific area of the golf course has been seeded,the Contractor will water the seedbed areas sufficiently to seal the soil around the seeds.This initial watering is of extreme importance. B.The Contractor shall be responsible for all watering,by keeping the soil constantly moist for seven (7)calendar days after the time that seeding in a specific area has been completed.The 7 day period will commence for each specific area (a phase of the seeding operation)of the golf course when seeding for that specific area has been completed.It shall be the Owner’s responsibility to maintain the seeded areas of the phased operation by keeping the soil constantly moist for the remainder of the warranty period.This watering shall be under the supervision of the Contractor as he is responsible for satisfactory germination of the grass. C.It shall be the Owner’s responsibility to do any mowing during the 30 day establishment period. D.It shall be the Contractor’s responsibility to coordinate with the Superintendent (Owner’s Representative)regarding their schedules for any applications of fertilizer to be applied after any seeding or sodding so that the watering of seeded and/or sodded areas does not impede the Contractor from applying any required fertilizer applications. E.If washouts and/or rivulets are caused by improper installation of materials,or due to equipment failure resulting from improper installation,or due to any other damage caused by the Contractor,the Contractor will be responsible for repair.Washouts and/or rivulets due to normal rainfall will be the Contractor’s responsibility.If washouts and/or rivulets occur from the operation of the irrigation system due to improper use by the Superintendent during the remainder of the warranty period,they will be repaired by the Owner. 3.11 MULCHING A.When required in the Bid Schedule,mulching will be done as follows: 1.Wheat straw mulch shall be evenly and uniformly distributed to provide actual coverage of 50%to 75%of the ground surface when specifically directed by the Golf Course Architect.The straw mulch shall be crimped into the soil perpendicular to the finished grades by use of a Coulter disc or acceptable vertical disc implement.Severe slopes shall be covered heavily with straw and 02 $21-10 Exhibit G -Page 53 of 56 tacked down by a spray tacifier application in accordance with Colorado Department of Transportation specifications.All areas on which mulching has been disturbed before acceptance by the GCA or Superintendent shall be remulched. 2.Straw mulch shall be applied at the rate of two (2)tons per acre.Wood fiber mulch shall be applied at the rate of one (1)ton per acre. 3.Cellulose fiber hydrornulch will be applied after seeding and spread over the specified areas of irrigated fairways,tees or green surface at a rate of 0.85 bale of mulch per 1,000 square feet (approximately 1,800 pounds per acre).A bale of mulch is defined as 50 pounds.The mulch shall be as manufactured by ConWed Corporation,Weyerhauser Corporation or Pacific Timber Products. 4.Do use tacifier in the mulch when applying mulch on any greens (putting surfaces). 3.12 SATISfACTORY GERMINATION /ESTABLISHMENT AND REPLACEMENT A.Thirty (30)to thirty-five (35)days after all areas have been seeded,a check shall be made to see that all watered areas demonstrate adequate germination.Areas outside of the sprinkling area of the irrigation system shall not be expected to be consistent if sufficient rainfall has not occurred. B.The Contractor will provide an establishment and replacement guarantee for all seeding of greens,tees,and irrigated fairways.The Contractor will accept responsibility for repair of washouts and rivulets caused by normal weather conditions and irrigation run-off (if the irrigation system was installed by the Contractor)and all areas not showing an acceptable stand of grass. C.Seeded areas which fail to show an adequate stand of grass within four (4)weeks shall be raked,refertilized,reseeded,and mulched at the Contractor’s expense.Areas seeded in the Fall which fail to show an adequate stand shall be refertilized,and reseeded and mulched the following spring before June 1. D.An adequate stand of grass on tees,fairways,and seeded roughs (irrigated)shall be ten to fifteen seedlings per inch with no bare area larger than one foot square present.For greens,a minimum of twenty Bentgrass seedlings per square inch with no bare area larger than six (6)inches square present. E.Any sod which fails to become established after one (1)month from installation shall be replaced immediately at the Contractor’s expense. 3.13 CLEANUP A.All soil,manure,or similar material brought into the project by work operations shall be removed promptly,keeping the area clean at all times.Upon completion of seeding 02821-11 Exhibit G -Page 54 of 56 and sodding,excess soil,stones,and debris not previously cleaned up,shall be disposed of as directed by the Golf Course Architect. B.All areas disturbed as a result of seeding or sodding shall be restored to their original condition or to the desired new appearance as directed by the Golf Course Architect. Seed Variety Chart follows on the next page END OF SECTION 02821-12 Exhibit G -Page 55 of 56 SECTION 03300 CAST-IN-PLACE CONCRETE PART 1-GENERAL 1.01 SUMMARY A.Work included:Work consists of furnishing all labor,material and equipment necessary for completion of the furnishing,forming and placing cast-in-place concrete in conformance with lines,grades and typical cross sections shown in the details and on the Drawings. 1.02 REFERENCES A.Section 600 of the Colorado Department of Transportation Standard Specifications for Roads and Bridges,2011 Edition shall be applied for submittals,mix design and execution.For Measurement and Payment,see Section 01150 of these technical specifications. PART 2 -PRODUCTS 2.01 CONCRETE MIX A.All reinforced concrete shall be: Class D Concrete:P c=4,500 psi, fc=1,800 psi,n$ 3.All reinforced steel shall be: Reinforcing Steel:#4 BARS AND LARGER: fy60,000 psi, fs=24,000 psi END OF SECTION 03300-1 Exhibit G -Page 56 of 56 (BLANK) 03300-2 Exhibit H -Page 1 of 13 ENGINEERING DEPARTMENT (970)328-3560 FAX:(970)328-8789 TDD:(970)328-8797 www.eaglecounty.us EVA WILSON County Engineer May21,2013 Addendum #1 -Stone Creek Flood Hazard Mitigation Project Bid Documents for the Stone Creek flood Hazard Mitigation Project,Issued on April 30, 2013,with Bids due at 4:00pm on May 29,2013 are hereby amended as follows: 1.Attached as Exhibit A is a current plan holder’s list. 2.Attached as Exhibit B is an attendance sheet for the Mandatory Pre-Bid Meeting held on May 8,2013 at 10:00am at the EagleVail Pavilion,538 Eagle Road, Avon,CO 81620. 3.As the above mentioned pre-bid meeting was mandatory,only those contractors shown on Exhibit B may be allowed to submit a bid. 4.Greg Schroeder,Project Manager from Eagle County,and Steve Barber,Golf Course Superintendent were in attendance at the pre-bid meeting,in addition to those listed in Exhibit B. 5.Attached as Exhibit C is the agenda for the pre-bid meeting. 6.Attached as Exhibit D is Correspondence from the US Army Corps of Engineers detailing the Nationwide Permit. 7.Attached as Exhibit E is a revised Bid Tab,entitled “STONE CREEK FLOOD HAZARD MITIGATION DESIGN Bid Tab -Revised 5/21/2013.”Replace this revised tab with the previous tab and use this tab for the bid submittal. 8.A Notice to Proceed for all five (5)sites as shown on Drawing 3,Site Aerial shall not occur until October 1,2013.This is to allow for the golf course to close prior to beginning construction. 9.On Page ITB-2,Instructions to Bidders,Section 7.1 Contract Time,the completion date shall be changed from April 1,2014 to May 16,2014. 10.On Page Bf-2,Item 4,the completion date shall be changed from April 1,2014 to May 16,2014. 11.On the revised Bid Tab,item 2.10 has been added as an ‘Existing Cable Utility Trenching”Quantity.This quantity is to identify the possibility to relocate an existing cable utility that may be located as shown on Drawing 6,Demolition Plan,Site 2.If the cable has sufficient burial depth,or,if there is adequate slack within the cable pedestal,this quantity may not be needed.F or bidding purposes, ---— EAGLE COUNTY Eagle County Building,500 Broadway,PD.Box 850,Eagle,Colorado 81631-0850 Exhibit H -Page 2 of 13 the contractor shall assume that:a)the cable will need to be protected in the field, b)a utility trench will be provided by the contractor,per this bid quantity,c)if the cable cannot be relocated in the trench by the Contractor,the Owner will have the cable reinstalled. 12.Water for use during construction can be supplied by the Owner by contacting Steve Barber. 13.AutoCAD Drawings will be available to the selected contractor afier the notice of award is issued. 14.The placement of sod shall not be later than October 7,2013 during the fall 2013 construction season to insure that it is not damaged by winter conditions.The sod may be placed in the springtime,weather permitting,up to the revised completion date of May 16,2014. 15.Refer to technical specifications,Section 02821,SEEDiNG,SODDING AND FERTILIZING,Part 3.06.C.;amend as follows: Strike the entire line entitled:“Spring April 15-June 15” Change the line starting with “Fall”to “Fall September 15 —November 15” 16.Drawing 2,General Notes,Note 26 shall be revised as follows: All Disturbed areas shall be sodded or seeded per specflcations and as outlined below: Site]:Sod Site 2:Sod and Native Seed.Native Seed to be placed in the fall Sites 3,4&5:Native Seed,placed in the Jail 17.Drawing 14,Diversion Structure-2 &Trout Pond Outlet Structure.The Trout Pond Junction Box and Trout Pond Outlet Structure may both be precast structures. 18.The bid documents are available for electronic download at http://www.eaglecounty.us/rfp and also at the following addresses: http ://db .tt/M 1 OVYgRo http ://db .tt/lzNi RE IA 19.Drawing 3,Site Aerial,Site 4 may be accessed by the existing cart path located south of Site 3.From the southern edge of Site 3,cross the fairway directly south to the cart path,and utilize the cart path east to Site 4.The contractor shall protect the condition of the fairway with tracking pads. Page 2 of 4 Exhibit H -Page 3 of 13 20.Attached as Exhibit F is a replacement section in the technical Specifications, Section 02821,SEEDiNG,SODDING AND FERTILIZING,Part 2.01 Materials. 21.The following questions were received before May 20,2013 at 5:00pm and are answered here: a.Question:The Cast in Place concrete drawings call for Class B concrete, but the specifications call for Class D concrete. Response:Use Class B concrete b.Question:Does the Rip-Rap at the Tunnel Entrance need to be replaced? Response:Refer to Sheet 6,Demolition Plan,Site 1.The “landscape ground rocks”shall be removed and replaced after construction. Regarding the removal of the 18”CMP,any rip-rap associated with the culvert does not need to be replaced. c.Question:What happens to the extra culvert? Response:Refer to Sheet 6,Demolition Plan,Site 2.The three (3) culverts to be removed and salvaged are to be used at Sites 3 and 5.Any remaining culvert material is to be disposed by the contractor. d.Question:Can the head wall be precast? Response:There is an existing pipe to Holland’s Pond that needs to be cast into the wall,as well as the new culverts.Therefore,cast-in-place is the recommended method. e.Question:In the contract documents,Article 4 states that the owner will furnish lands for use of the contractor.Will these lands be secured by the owner? Response:The community gardens parking lot and the driving range parking lot will be available by the Owner for the Contractor’s use as staging areas.These parking lots are adjacent to each other,and are located at the southwest corner of Eagle Drive and Columbine Circle. f.Question:Can the concrete junction box and outlet structure be pre-cast for Site 5? Response:Both of these structures may be pre-cast. Page 3 of 4 Exhibit H -Page 4 of 13 g.Question:For Site 3,is the rebar to be coated for the head wall? Response:Rebar does not need to be coated. ### End of Addendum #1 Page 4 of 4 .0 zc C 0C’) C) a) CaO C 0 I 0 — -J ma) •0 C Li. 0 C-) 0 C 0 U) ,-1 a) 01 Ia —I ,0 --I .11 C-I ‘a) -I a) ‘a) ‘0 C (0 a- H -Page 5 of 13 C’) 0 a) 0) Ca 0. U) x U) -J U) a) ‘V 0 Ca 0x U) x U) -J U)’ a) V 0 Ca 0 Ca U Ca 0 V C Ca 0 C 0 CO a)U) Ca 0 0) C 0 ci Ca C (0 ci -V0 0 a) a) 0 a) C 0 U) Ca > a) 0) Ca w U) U •0) 0 C 0)0)owo-0)Q.zCl,0000‘1000.0.U00m*tjxfttjtl0)(Q(0£I-4°9 Exhibit H -Page 7 of 13Addendum#1 -Exhibit C -Page 1 ENGINEERING DEPARTMENT (970)328-3560 FAX:(970)328-8789 TDD:(970)328-8797 wwweaglecounty.us Agenda: Stone Creek Flood Mitigation Project Mandatory Pre-Bid Meeting May 8,2013 10:00am Eagle Vail Pavilion EVA WILSON County Engineer 1.Introduction 2.Sign-in Sheet 3.Plans and Specifications 4.Addenda 5.Project Background 6.Project funding 7.Bidding Schedule a.April 30 —Plans available b.May 8 —Mandatory Pre-Bid Meeting c.May 20 —Last day for questions d.May 29,4:00pm —Bid Opening at Eagle County office in Eagle,CO. 8.Project Schedule 9.QuestionlAnswer Session 10.Site Visit --- EAGLE COUNTY Eagle County Building,500 Broadway,P.O.Box 850,Eagle,Colorado 81631-0850 Addendum #1 -Exhibit 0 -Page 1 Exhibit H -Page 8 of 13 DEPARTMENT OF THE ARMY U.S.ARMY ENGINEER DISTRICT,SACRAMENTO CORPS OF ENGINEERS 13251 STREET SACRAMENTO CA 95814-2922 REPLY To ATtENTION OF October 12,2012 Regulatory Division (SPK-2012-00949) Greg Schroeder Eagle County Engineering Department Post Office Box 850 Eagle,Colorado 8163 1-0850 Dear Mr.Schroeder: We are responding to your September 10,2012,request for a Department of the Army permit for the Federal Emergency Management Agency funded,Stone Creek Flood Hazard Mitigation Project.This project involves activities,including discharges of dredged or fill material,in waters of the United States to modify existing water control structures in three locations along Stone Creek.Work activities include replacing existing culverts,construction of a concrete headwall and diversion weir,placement of rock and boulders for channel protection,reconstruction of a boulder diversion/spill structure and construction of concrete control box and gate at a pond outfall.The project site is located on Stone Creek near the Eagle-Vail golf course,within the WY2 of Section 17,Township 5 South,Range 81 West,Sixth Principal Meridian,Latitude 39.6167°, Longitude -106.4832°,Eagle County,Colorado. Based on the information you provided,the proposed activity,resulting in the temporary impact of approximately 0.028 acre of wetlands,is authorized by Nationwide General Permit (NWP)Number 43.Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets. You must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work.This verification is valid for two years from the date of this letter or until the NWP is modified,reissued,or revoked,whichever comes first.Failure to comply with the General Conditions of this NWP,may result in the suspension or revocation of your authorization. Please refer to identification number SPK-2012-00949 in any correspondence concerning this project.If you have any questions,please contact Mr.Mark Gilfillan at the Colorado West Regulatory Branch,400 Rood Avenue,Room 224,Grand Junction,Colorado 81501-2563,email MarkAGi(fittan(öjusace.army.mil,or telephone 970-243-1199 xl5.For more information regarding our program,please visit our website at www.spksace,arrnmiLMission’tto’.asx. Exhibit H -Page 9 of 13Addendum#1 -Exhibit D Page 2 COMPLIANCE CERTIFICATION Permit File Number:SPK-2012-00949 Nationwide Permit Number:NWP 43-Stormwater Management Facifities Permiftee:Greg Schroeder Eagle County Engineering Department P0 Box 850 Eagle,Colorado 81631-0850 County:Eagle Date of Verification:October 12,2012 Within 30 days after completion of the activity authorized by this permit,sign this certification ad return it to the following address: U.S.Army Corps of Engineers Sacramento District Colorado West Regulatory Branch,400 Rood Avenue Room 224,Grand Junction,Colorado 81501-2563 FAX (970)241-2358 DLL-CE$PK-RD-Comptiance@usace.army.mu 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 Corps of Engineers. I hereby certify that the work authorized by the above-referenced perm it,including all the required mitigation,was completed in accordance with the terms and conditions of the perm it verification. Signature of Permittee Date Addendum #1 -Exhibit B.Page 1 ExhibitH-PagelOofl3 STONE CREEK FLOOD HAZARD MITIGATION DESIGN Bid Tab -Revised 5/21/2013 BID ITEM DESCRIPTION OF QUANTITY PAY UNIT TOTAL COST OF NO.BID ITEM UNIT PRICE BID ITEM SITE 1 -Little Eisenhower Trail Modification 1.01 Mobilization 1 LS 1.02 Traffic Control 1 L5 1.03 Site Restoration 1 LS 1.04 Erosion Control 1 LS 1.05 Remove Asphalt Trail 285 SY 1.06 Remove Block Retaining Wall 48 LF 1,07 Remove 18’CMP 1 LS 1.08 Reconstruct Trail 3”Thick Asphalt 265 SY 1.09 Aggregate Base Course 70 TN 1.10 ConstructTimberStairs 1 IS 1.11 RegradeNewChannel 310 SY 1.12 Unclassified Excavation (Haul)1 LS 1.13 Revegetation,Sod 2800 SF 1.14 Irrigation Reconnection 1 LS 1.15 Survey 1 LS Site 1 Subtotal SITE 2 -Flood Bypass Channel 2.01 Mobilization 1 LS 2.02 Site Restoration 1 LS 2.03 Erosion Control 1 LS 2.04 Remove &Salvage 57”x 38”CMP 1 LS 2.05 Regrade New Channel 1135 SY 2.06 Unclassified Excavation (Haul)1 LS 2.07 Revegetation,Sod 1150 SF 2.08 Revegetation,Native Seeding 9050 SF 2.09 Irrigation Reconnection 1 LS 2.10 Existing Cable Utility Trenching 155 LF 2.11 Survey 1 LS Site 2 Subtotal BT-1 Addendum #1 -Exhibit E Page 2 Exhibit H -Page 11 of 13 STONE CREEK FLOOD HAZARD MITIGATION DESIGN Bid Tab -Revised 5/21/2013 BID ITEM DESCRIPTION OF QUANTITY PAY UNIT TOTAL COST OF NO.BID ITEM UNIT PRICE BID ITEM SITE 3 -Hollands Pond Bypass 3.01 Mobilization 1 LS 3.02 Traffic Control 1 LS 3.03 Site Restoration 1 LS 3.04 Erosion Control 1 LS 3.05 Water Control 1 LS 3.06 Remove 42’x 29”CMP 1 LS 3.07 Concrete Diversion Structure 17 CY 3.08 Install Salvaged 57”x 38”CMP 20 LF 3.09 Concrete Headwall 2.5 CV 3.10 24”Boulders at Diversion Structure 53 SY 3.11 Remove &Reset Pond Boulders (2 groups)1 LS 3.12 Aggregate Base Course 72 TN 3.13 RegradeNewChannel 440 SY 3.14 Unclassified Excavation (Haul)1 LS 3.15 Embankment CIP 1 LS 3.16 Revegetation,Native Seeding 4500 SF 3,17 Erosion Control Blanket 4500 SF 3.18 Irrigation Reconnection 1 LS 3.19 Survey 1 LS Site 3 Subtotal SITE 4 -Upper Creek Overflow Structure 4.01 Mobilization 1 LS 4.02 Site Restoration 1 LS 4.03 Erosion Control 1 LS 4.04 Water Control 1 LS 4.05 Signal Boulders (36”)6 EA 4.06 Reconstruct Boulder Diversion Structure 20 SY 4.07 Revegetation,Native Seeding 535 SF 4.08 Erosion Control Blanket 535 SF 4.09 Survey 1 LS Site 4 Subtotal BT-2 Addendum #1 -Exhibit .-Page 3 Exhibit H -Page 12 of 13 STONE CREEK FLOOD HAZARD MITIGATION DESIGN Bid Tab -Revised 5/21/2013 BID ITEM DESCRIPTION OF QUANTITY PAY UNIT TOTAL COST OF NO.BID ITEM UNIT PRICE BID ITEM SITE 5 -Trout Pond Outlet 5.01 Mobilization 1 LS 5.02 Traffic Control 1 LS 5.03 Site Restoration 1 LS 5.04 Erosion Control 1 LS 5.05 Water Control 1 LS 5.06 Trout Pond Outlet Structure 1 LS 5.07 Install Salvaged 57”x 38”CMP 10 LF 5.08 Junction Structure 1 LS 5.09 Revegetation,Native Seeding 500 SF 5.10 Survey 1 LS Site 5 Subtotal L TOTALI Total Bid (Please write out total bid amount) BT-3 Exhibit H -Page 13 of 13Addendum#1 -Exhibit F -Page 1 Section 02821,Seeding Sodding and Fertilizing,Part 2.01 Materials,Section A shall be replaced with the following: A.Native Seed: Seed shall be purchased from an established,reputable seed dealer,tagged to comply with the requirements of the seed mixture shown on the Drawings and/or in these Specifications and shall be approved by the GOLF COURSE ARCHITECT before use. Seed shall be certified as to purity of variety by the State Certifying Agency in the state of origin,and shall be “certified sod quality plus”based on both the contaminants prohibited and on the amount of seed tested. Seed Mix: 30%Ephraim Crested Wheatgrass 25%Sheep Fescue 20%Perennial Rye 15%Chewings Fescue 10%Kentucky Bluegrass Seeding Rate: 40 lbs/acre All seeding shall be completed in the fall season. When seed is tested,it shall be on the basis of a 25—gram sample and shall not contain any noxious weeds for the specific region of the golf course nor any grassy weeds. The Contractor,if required by the Owner,shall furnish seed and soil samples to the Golf Course Architect at such time as will permit tests to be completed before any seeding is to be done.Testing costs will be paid for by the Owner. Seed and fertilizer SHALL NOT be applied in the same operation. Originals Copy PERFORMANCE AND PAYMENT BONDS BI 200679 THE CINCINNATI INSURANCE COMPANY Performance Bond CONTRACTOR (Name,legal status and address): Schofield Excavation,Inc. P0 Box 612,106 Oak Ridge Drive,Suite 202 Gypsum,CO 81637 OWNER (Name,legal status and address): Eagle County PC Box 850,500 Broadway Eagle,CO 81631-0850 CONSTRUCTION CONTRACT BOND Date:May 29,2013 Amount:$162,268.50 Description (Name and location): Stone Creek Flood Hazard Mitigation Project,Eagle County at (Not earlier than Construction Contract Date):June 12,2013 AmotlnS’th2 26850 1ocatkis to this Bond:]None tON?RACIOR’ASPRINCI AL SURETY Cotfipan1:(rporate Seal)Company: Schofieldxhavaio Inc.THE Signature:Signature: Name and Title:(ii)t ho id (FOR INFORMATION ONLY -Plane,address and telephone) AGENT or BROKER: This document has important legal consequences.Consultation wh an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. AlA Document A312-2010 combines two separate bonds,a Performance Bond and a Payment Bond.info one form. This not a single combined Performance and Payment Bond. The Company ‘ceo1ting this bond vouches that this document conforms to American Institute of Architects Doaiment A3 12,2010 Edition. S-2100-AIAA312 (11110)PERFORMANCE BOND Page 1 SURETY (Name,legal status and principal place of buness): THE CINCINNATI INSURANCE COMPANY 6200 S.GLMORE ROAD FAIRFiELD,OHIO 45014-5141 C]See Section 16 “‘ Nanette R.Avery,Power of Attorney (Any additional signatures appear on the last page of this Performance Bond.) Name and Title: OWN ER’S REPRESENTATIVE (Architect,Engineer or other party): 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract,the Surety’s obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor’s performance.If the Owner does not request a conference,the Surety may,within five (5)business days after receipt of the Owners notice,request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety’s receipt of the Owner’s notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable tine to perform the Construction Contract,but such an agreement shall not waive the Owner’s rit,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety;and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety’s obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety’s expense take one of the following actions: 5.1 Arrange for the Contractor,with consent of the Owner,to perform and complete the Construction Contract; 52 Undertake to perform and complete the Construction Contract itself through its agents or independent contractors; 53 Obtain bids or negotiated proposals from qualiifed contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner’s concurrence,b be secured th peformance and paynentbonds executed by a quallied suretyequivalentto the bonds issd on he Constructbn Contract,andpay to the Owner the amwntof dames as descthed in Sectin 7 in exce ofthe Balance ofthe Contract Price licurred by the Owner as a result of the ContractorDefault or 5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5,4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. The Company cewting this bond vouches that this ccument conrms to Americi Institute of Architects Document A3 12,2010 Edition. S-2100-AIA.A312 (11/10)PERFORMANCE BOND Page 2 7 If the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Ccntract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplionticia,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 ackiitional legal,design professional and delay costs resulting from the Contractors Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. 8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety’s liability is limited to the amount of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors,administrators,successors arid assigns. 10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which the signature appears. 13 When this Bond has been furnished to comply with a statutory or other tegal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shalt be deemed deleted hereftom and provisions conforming to such statutory or other legal requirement shall be deemed incoipomted herein.When so furnished,the intent is that this Bond sh1 be construed as a statt4ry bond and notas a common hw bond 14 Definitions 14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 14.2 Construction Contract.The agreement between the Owner and the Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. 14.3 Contractor Default.failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. 14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. 15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. The C.ompriiy eceaiting this bond vouches that this document contbrms to Anenc Institute of Arthitts Document A3 12,2010 Edition. S-2100-AIA-A312 (11110)PERFORMANCE BOND Page 3 16 Modifications to this bond are as follows: (Spa&i provided below for additional signatures of added parties other than those appearing on the cover page.) CoNTRACTOR AS PRI CIPAL SURETY Company: , (Corporate Seal) Schofield E avation c. Signa : _______________________________________________ Name n Title:ejd (Q)etiT Name and Title: Address:())(Ofl1COPb3] The Company eLeouting this bond vouches th this docunznt conforms to American Institute of Arditts Document A312,20 H)Edition. S-2100-AIAA312 (11110)PERFORMANCE BOND Page 4 Company (Corporate’e) The Cincrati insurance Company 7’ Signature . Nanette R.Avery,Power of Attorney Address: 1605 Grand Aye,Suite K,Glenwood Springs,CO 81601 THE CINCJNNATI INSURANCE COMPANY Fairfield,Ohio POWER OF ATfORNEY KNOW ALL MEN BY ‘THESE PRESENTS:That THE CINCINNATI INSURANCE COMPANY a corporation organized under the laws of the State of Ohio,and having its principal office in the City of Fairfield,Ohio,does hereby constitute and appoint Robert Asa Jones;Nanette R.Avery;Bryan K.Avery;Cheryl Sos and/or Joe Luetke of Glenwood Springs,Colorado its true and lawfui Attorney(s)-in-Fact to sign,execute,seal and deliver on its behalf as Surety and as its act and deed,any and all bonds,policies,undertakings,or other like insiruments,as follows: Any such obligations in the United States,up to Twenty Million and No!100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company,a quorum being present and voting,on the 6 day of December,1958,which resolution is still in effect: ‘RESOLVED,that the President or any Vice President be hereby authorized,and empowered to appoint Attorneys-in- Pact of the Company to execute any and all bonds,policies,imdertaldngs,or other like instruments on behalf of the Corporation,and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal;and may with or without cause modil or revoke any such appointment or authority.Any such writings so executed by such Attorneys-in- Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company.” This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the day of December,1973. ‘RESOLVED,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary or Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.” N WITNESS WHEREOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal,duly attested by its Vice President this 10’day of October,2008, TIlE CU)Iç TI INSURANCE COMPANY Vice Presidenl / LL STATE OF OHIO COUNTY OF BUThER )as: ) On this 10’’day of October,2008,before me came the above-named Vice President of THE CINCINNATI INSURANCE COMPANY to me personally known to be the officer described herein,and acknowledged that the seal affixed to the preceding instrument is the corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority and direction of said corporation. AL cc F I,the undersigned Secretary or Assistant Secretary of TIlE CINCINNATI INSURANCE COMPAN’%hereby certify that the above is a true and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in full force and effect. MARK J.H&LER,Attorney at Law NOTARY PUBLIC STATE OF OHIO My commission has no expiration date.Section 147.03 O.R.C. GWEN under my hand and seal of said Company at Fairfield,Ohio. this dayof Q 4-t--- frtcDaPoRATa’%\ 1SEAL]J Secretary BN-1005 (10/08) 31200679 THE CINCINNATI INSURANCE COMPANY AlA Document A312 Payment Bond Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Schofield Excavation,Inc. PD Box 612 106 Oak Ridge Drive,Suite 202 Gypsum,CO 81637 OWNER (Name and Address): Eagle County PD Box 850 500 Broadway Eagle,CO 81631-0850 CONSTRUCTION CONTRACT Date:May 29,2013 Amount:$162,268.50 Description (Name and Location):Stone Creek Flood Hazard Mitigation Project,Eagle County SURETY (Name and Principal Place of Business): THE CINCINNATI INSURANCE COMPANY 6200 S.GILMORE ROAD FAIRFIELD,OHIO 45014-5141 BOND Date (Not earlier than Construction Contract Date):June 12,2013 (Corporate Seal) Name and Title: LJ None IXJ See Page 3 SURETY . Company:(C,rporate eI) THE CINCINNATI INSURANCE COMI3ANY’ Name and Title: (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name,Address and Telephone) AGENT or BROKER:OWNER’S REPRESENTATIVE (Architect,Engineer or other party): The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,December1984 Edition. S-2150-AIA-A312 (6/08M)PAYMENT BOND 1 1 The Contractor and the Surety,jointly and severally, bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor, materials and equipment fumished for use in the performance of the Construction Contract,which is incorporated herein by reference. 2 With respect to the Owner,this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment,directly or indirectly,for all sums due Claimants,and 2,2 Defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity whose claim,demand,lien or suit is for the payment for labor,materials or equipment furnished for use in the performance of the Construction Contract,provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12)of any claims, demands,liens or suits and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety,and provided there is no Owner Default, 3 With respect to Claimants,this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly,for all sums due. 4.The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12)and sent a copy,or notice thereof,to the Owner,stating that a claim is being made under this Bond and,with substantial accuracy,the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy,or notice thereof,to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating,with substantial accuracy,the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed;and .2 Have either received a rejection in whole or in part from the Contractor,or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly;and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12)and sent a copy,or notice thereof,to the Owner stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety,that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4,the Surety shall promptly and at the Surety’s expense take the following actions: 6.1 Send an answer to the Claimant,with a copy to the Owner,within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety’s total obligation shall not exceed the amount of this Bond,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any Construction Performance Bond.By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner’s priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner,Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligations to make payments to,give notices on behalf of,or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1)on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3,or (2)on which the last labor or service was performed by anyone or the The Company executing this bond vouches that this document conforms to American Institute of Architects DocumentA3l2,December 1984 Edition. 2 last materials ot equipment were furnished by anyone under the Construction Contract,whichever of (1)or (2) first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page.Actual receipt of notice by Surety,the Owner or the Contractor,however accomplished,shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. MODIFICATIONS To THIS BOND ARE AS FOLLOWS: 15 DEFINITIONS 15.1 Claimant:An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials or equipment for use in the performance of the Contract.The intent of this Bond shall be to include without limitation in the terms “labor,materials or equipment”that part of water,gas,power,light,heat,oil,gasoline,telephone service or rental equipment used in the Construction Contract,architectural and engineering services required for performance of the work of the Contractor and the Contractor’s subcontractors,and all other items for which a mechanic’s lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the signature page,including all Contract Documents and changes thereto. 15.3 Owner Default:Failure of the Owner,which has neither been remedied nor waived,to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 is deleted in its entirety and the following is substituted in its place: 6.When the claimant has satisfied the conditions of Paragraph 4,and has submitted all supporting documentation and any proof of claim requested by the Surety,the Surety shall,within a reasonable period of time,notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed,including,but not limited to, the lack of substantiating documentation to support the claim as to entitlement or amount,and the Surety shall,within a reasonable period of time,pay or make arrangements for payment of any undisputed amount;provided,however,that the failure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a a!ver of the Contractor’s or Surety’s defenses to,or tight to dispute,such claim.Rather,the Claimant shall have th irit,without further notice,to bring suit against the Surety to enforce any remedy available to it unde’This-.td. I additional signatures of added parties other than those appearing on$jie”covev COACSlNClPAL SURETY CompaA’rr ‘(Corporate Seal)Company:(Corporate,5 Schofield Excavatkn,Inc.THE CINCINNATI INSURANCEQØMANj !.1 /J II!!1<1 Signature: ______________________________ Name arA’itle Q5*.flj Name and Title u + Address Of Address “ The Company executing this bond vouches that this document conforms to American Institute of Architects Document A312,December 1984 Edition. 3 ThE CINCINNATI INSURANCE COMPANY Fairfield,Ohio POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That THE CINCINNATI INSURANCE COMPAN’a corporation organized under the laws of the State of Ohio,and having its principal office in the City of fairfield,Ohio,does hereby constitute and appoint Robert Asa Jones;Nanette R.Avery;Bryan K.Avery;Cheryl Sos and/or Joe Luetke of Glenwood Springs,Colorado its true and lawful Attorney(s)-in-Fact to sign,execute,seal and deliver on its behalf as Surety,and as its act and deed,any and all bonds,policies,undertaldngs,or other like instruments,as follows: Any such obligations in the United States,up to Twenty Million and No/100 Dollars ($20,000,000.00). This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Company at a meeting held in the principal office of the Company,a quorum being present and voting,on the 6th thy of December,1958,which resolution is still in effect: “RESOLVED,that the President or any Vice President be hereby authorized,and empowered to appoint Attorneys-in- Fact of the Company to execute any and all bonds,policies,mtdertaldngs,or other like instruments on behalf of the Corporation,and may authorize any officer or any such Attorney-in-Fact to affix the corporate seal;and may with or without cause modifS’or revoke any such appointment or authority.Any such itings so executed by such Attorneys-in F act shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Companc” This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 7”‘day of December,1973. “RESOLVED,that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted,and the signature of the Secretary or Msistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power of certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company.” IN WITNESS WHEREOF,THE CINCINNATI INSURANCE COMPANY has caused these presents to be sealed with its corporate seal,duly attested by its Vice President this 10th day of October,2008. THE INSURANCE COMPANY C’ceiY STATEOF OHIO )ss: COUNTY OF BUTLER ) On this 10th day of Octobei 2008,before me came the above-named Vice President of THE CINCINNATI INSURANCE cor&inç tome personally knoiun to be the officer described herein,and acknowledged that the seal affixed to the preceding instrument is the corporate eal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument by the authority a”‘of said corporation. %t9’MARK J.H LLER,Attorney at Law NOTARY PUBLIC -STATE OF OHIO My commission has no expiration date.Section 147.03 O.R.C. I,the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPAN\hereby certffi that the above is a true and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certiI’that the said Power of Attorney is still in full force and effect. GWEN under my hand and seal of said Company at Fairfield,Ohio. this dayof /-__q 4-t-- — ‘ecretary a BN-1005 (10/08)