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HomeMy WebLinkAboutC15-160 Frontier Paving, Inc. Construction AgreementCONSTRUCTION AGREEMENT FOR GYPSUM TO DOTSERO TRAIL CONSTRUCTION BETWEEN EAGLE COUNTY, COLORADO AND FRONTIER PAVING, INC. THIS CONSTRUCTION AGREEMENT is dated as of the I - t ' day of /W) Imo- I; , 2015, by and between Eagle County, Colorado, a body corporate and politic, acting by and through its Board of County Commissioners (hereinafter called "County" or "Owner") whose address for purposes hereof is P.O. Box 850, 500 Broadway, Eagle, CO 81631, and Frontier Paving, Inc., a Colorado corporation, licensed to work in the State of Colorado (hereinafter called "Contractor") whose address for purposes hereof is P.O. Box 1167, Silt, CO 81652. Owner and Contractor, in consideration of the mutual covenants set forth herein agree as follows: ARTICLE I — THE PROJECT AND THE WORK 1.1 The construction project which is the subject matter hereof is generally described as follows: Gypsum to Dotsero Trail Paving Project Phase II (the "Project"). Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents ("Work"). 1.2 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. 1.3 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. 1.4 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. 1.5 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. b -w ARTICLE 2 - OWNER'S REPRESENTATIVE 2.1 The Project is under the authority of the ECO Trails Program, the Manager of which, or her designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. 2.2 Contractor's representative is Damian Ellsworth. 2.3 Neither Owner's nor Contractor's representatives shall be changed with less than ten (10) days prior written notice to the other party. ARTICLE 3 - CONTRACT TIME 3.1 The Work shall commence by May 15, 2015 and completed and ready for final payment in accordance with the Contract Documents on or before June 15, 2015 ("Contract Time"). 3.2 Contractor shall employ all such additional labor, services and supervision, including such extra shifts and over time, as may be necessary to maintain and to achieve final payment in accordance with the Contract Documents on or before June 15, 2015, all without an increase in the Contract Price. 3.3 LIQUIDATED DAMAGES: Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties involved in proving at a legal or arbitration hearing, the actual loss suffered by Owner if the Work is not substantially complete on time. Accordingly, instead of requiring such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $500.00 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, an amount not to exceed $99,979.75 ("Contract Price"). 4.2 Notwithstanding anything in the Contract Documents to the contrary, the Contract Price (which is based primarily upon unit prices) includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contract Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead or profit. The quantities associated with unit prices may be adjusted as set forth in the Contract Documents subject to the not to exceed Contract Price. In no event shall the unit prices set forth in Contractor's Bid Form be adjusted. 4.3 Contractor acknowledges that Owner is a tax exempt entity and that Owner has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 4.4 Owner shall pay Contractor for performance of the Work in accordance with the Contract Documents. 4.5 Pursuant to the provisions of §24-91-103.6, C.R.S., and notwithstanding anything to the contrary contained elsewhere in the Contract Documents, no change order or other form of order or directive by Owner, and no amendment to this Agreement, requiring additional compensable Work to be performed which Work causes the aggregate amount payable under the Agreement to exceed the amount appropriated for the original Agreement, shall be of any force or effect unless accompanied by a written assurance by Owner that lawful appropriations to cover the costs of the additional Work have been made or unless such Work is covered under a remedy -granting provision in the Agreement. 4.6 Eagle County is a governmental entity and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Specifically, notwithstanding anything to the contrary contained in this Agreement, Owner shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the Owner in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. §29-1-101 et. seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). ARTICLE 5 - PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed as provided in the General Conditions. 5.1 PROGRESS PAYMENTS: Owner shall make monthly progress payments on account of the Contract Price and as provided in the Contract Documents. All progress payments will be on the basis of the progress of the Work. Owner shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. 5.2 The period covered by each Application for Payment shall be one calendar month beginning on the first of each month and ending on the last day of the month. 5.3 Each Application for Payment shall be based upon the unit prices, percentage of completion, and Contract Price and otherwise in accordance with the Contract Documents. Each Application for Payment shall show actual quantities incorporated into the Project for each portion of the Work as of the end of the period covered by such Application for Payment. 5.4 Prior to Completion, Owner shall authorize partial payments at the end of each calendar month Or as soon thereafter as practicable if Contractor is satisfactorily performing the Agreement. Progress payments will be in an amount equal to: 95% of the Work completed. The withheld percentage of the Contract Price shall be retained until the Agreement is completed satisfactorily and finally accepted by the public entity. 5.5 Progress payments and retained funds shall occur in compliance with the General Conditions attached hereto and C.R.S. §24-91-103. 5.6 In taking action on Contractor's Applications for Payment, Owner shall be entitled to rely on the accuracy and completeness of the information furnished by Contractor and shall not be deemed to represent that (i) Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) Owner has made exhaustive or continuous on- site inspections of the Work; or (iii) Owner has made examination to ascertain how or for what purposes Contractor has used amounts previously paid on the Contract Price. 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 (10) days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners has held a public hearing thereon and complied with C.R.S. §38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statute. Owner shall make a final settlement in accordance with C.R.S. 38-26-107 within sixty (60) 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 Work is occurring on land owned by Eagle County. 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. 4 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 6.5 In performing the Work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any work by this Agreement. 6.6 Contractor represents and warrants that it holds a license, permit or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. 6.7 Contractor shall maintain insurance as set forth in the General Conditions. Before permitting any of his subcontractors to perform any Work under this Agreement, Contractor shall require each of his subcontractors to procure and maintain such insurance as set forth in the General Conditions. ARTICLE 7 - CONTRACT DOCUMENTS The Contract Documents which comprise the entire Agreement are made a part hereof, and consist of the following: 7.1 This Agreement. 7.2 Scope of Work attached as Exhibit A 7.3 Project Site Map attached as Exhibit B 7.4 Project Notes and Specifications attached as Exhibit C 7.5 Contractor's Bid Form 7.6 Performance and Payment Bonds. 7.7 Notice of Award and, if any, Notice to Proceed. 7.8 General Conditions (Pages 1 to 32, inclusive) attached as Exhibit D. 7.9 Colorado Department of Transportation Special Use Permit attached as Exhibit E. 6i 8.0 Any modification, including Change Orders, duly delivered after execution of Agreement. The parties acknowledge and agree that this Agreement and the General Conditions attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 - BONDS 8.1 Contractor shall deliver to the Owner the bonds required by the Contract Documents with the executed Contract Documents and before starting work. 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. Owner shall have the right to review and approve each form of Subcontract. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, the Contract Documents to which the subcontractor will be bound by this paragraph 9.2. Each subcontractor shall similarly make copies of such Contract Documents available to its subcontractors. Owner shall have the right to review and approve each form of Subcontract. 9.3 Contractor shall be responsible to Owner for the acts and omissions of its agents, employees, suppliers and subcontractors performing Work under a contract with Contractor and such subcontractors' lower -tier subcontractors, agents and employees. 9.4 Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and Owner. ARTICLE 10 - MISCELLANEOUS 10.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an 0 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 Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act. 10.4 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 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: Eagle County Engineering Dept. Eagle County, Colorado P. O. Box 850 500 Broadway Eagle, CO 81631 Telephone: (970) 328-3560 Fax: (970) 328-8789 Contractor: With a copy to: Eagle County Attorney's Office PO Box 850 500 Broadway Eagle, CO 81637 Telephone: (970) 328-8685 Fax: (970) 328-8699 Notices delivered in person shall be effective as of the date of delivery, mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. 10.7 PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES: As used in this Section 10.8 the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. 8-17.5-101, et. seq., and this Agreement. By execution of this Agreement, Contractor certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement and that Contractor will participate in the E -verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services under this Agreement. a. Contractor shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the public contract for services. b. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services under this Agreement through participation in the E -Verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E -verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm C. Contractor shall not use either the E -verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. d. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an undocumented individual, Contractor shall be required to: i. Notify the subcontractor and County within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; and 8 ii. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. e. Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. 8-17.5-102(5). f. If Contractor violates these prohibitions, County may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Contractor violates this provision of this Agreement and County terminates the Agreement for such breach. 10.8 Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents, and all such accounting and control systems shall be satisfactory to Owner. Owner and Owner's accountants shall be afforded access to, and shall be permitted to audit and copy Contractor's records, books, correspondence, instructions, drawings, receipts, Subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents and Contractor shall preserve these documents for a period of not less than three (3) years after final payment, or for such longer period as may be required by law. 10.9 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 The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Work or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Work and Contractor should not employ any person having such known interests. 10.11 In the event a change order or amendment to the Contract Documents is agreed to by the parties, the same shall be in writing and executed by both parties. Signature by Owner may be made by Owner's ECO Trails Manager, so long as such change orders and amendments are within the Contract Price and for any contingency allocated to the Project.. IN WITNESS WHEREOF, the 2! P, 4 , 2015. ATTEST parties have executed this Agreement this day of M c 4,to r' �C01% By �U.b-lL l wLv� t Clerk of the Board of County Commissioners STATE OF COLORADO COUNTY OF EAGLE EAGLE COUNTY, COLORADO By and Through Its BOARD OF COUNTY COMMISSIONERS E By: IAY44 Kathy andler-Henry, Chairman "Contractor": B. a.""57 a"-Vt�-t Frontier Paving Inc. ss: The foregoing instrument was acknowledged before me by Charles Ellsworth as President of Frontier Paving Inc. this 23rd, day of March , 2015. My commission expires: 06/29/2016 ,�PFtY pUe` • KRISTIE 's MORENO OF CO�- My Commission Expires 0612912016 10 EXHIBIT A SCOPE OF WORK GYPSUM TO DOTSERO TRAIL BASE AND PAVING PROJECT PHASE II BASE AND PAVING BID — COMPLETE AND SUBMIT WITH BID FORM. Item Description Unit Qty Unit Price Total Hot Bituminous Pavement (HBP- .N 625 $95.75 $59,843.75 SX, PG 58-28) Aggregate Base Course TN 1134 $29.00 $32,886.00 (Class 6), including shoulders Materials Sampling, testing and LS 1 $2,100.00 $2,100.00 inspection Construction zone traffic control LS 1 $5,150.00 $5,150.00 TOTAL BID $99,979.75 11 EXHIBIT C NOTES AND SPECIFICATIONS GYPSUM TO DOTSERO TRAIL BASE AND PAVING PROJECT PHASE II 1. Project Purpose: Project purpose is to provide a 9 to 10 foot wide public trail for recreation and transportation on the south side of Highway 6 between Town of Gypsum and Dotsero as part of the Eagle Valley Trail. The base and paving will complete the trail segment in front of the Riverdance RV park property. 2. Description of Work: a. Contractor will install three inches (3") of bituminous asphalt on a four inch (4") deep Class 6 aggregate base course (ABC) platform. The work will also include compacted one foot (F) x 3" deep ABC shoulders on each side of the asphalt trail. b. The base and paving work will be installed on the trail subgrade currently under construction by the Eagle County Road and Bridge Department. The compacted subgrade will be completed on or before May 15, 2015. c. The asphalt trail will vary in width by one foot to accommodate narrow terrain on the east side of the project as follows: 1. Riverdance RV park driveway east: 9 feet of asphalt on 12 foot wide ABC 2. Riverdance RV park driveway west: 10 feet of asphalt on 13 foot wide ABC d. No additional paving or removal of asphalt is required at the Riverdance driveway. e. Road and Bridge and ECO Trails staff will assist Contractor with base and paving layout. f. The location of the base and paving project ("project") is shown on the attached Exhibit B map. g. Access and staging is available at the parking lots for the "Duck Pond" Eagle County Open Space property and BLM "Horse Pasture" river access, subject to review and approval by Owner of proposed equipment parking, schedule of use and work methods. Staging areas shall be returned to same or better condition following completion of the work, including regarding as necessary. 3. Schedule of Work: a. Contractor to schedule pre -base and pave meeting with Owner one calendar week prior to planned dates for commencement of the work. b. Contractor provide traffic control plan one calendar week prior to planned dates for commencement of the work. 12 c. Contractor to confirm dates of work 48 hours prior to commencement of the work. d. Hours of construction shall be limited to Monday through Friday 7:00 a.m. to 6:00 p.m. No work will be allowed at night, Saturdays, Sundays or legal holidays without prior authorization from the Owner, in compliance with the conditions of project permits. 4. Specifications: a. All materials, equipment, installation and construction within the state highway right of way shall be in accordance with the following standard references as applicable: 1. CDOT Field Material Manual 2. CDOT Construction Manual 3. CDOT Standard Specifications for Road and Bridge Construction 4. CDOT M&S Standards 5. FHWA Manual on Uniform Traffic Control Devices 6. AASHTO Roadside Design Guide b. The base and paving trail cross section is as follows: 1. 4" of ABC will be installed as 13 feet (13') wide. 2. 3" of asphalt will be installed as 10 feet (10') wide 3. An additional 3" depth of ABC will be installed and compacted after asphalt installation as a one foot (1') shoulder compacted shoulder flush with the trail asphalt, on each side. C. The Contractor is not responsible for subgrade compaction or repair of soft areas. Contractor will not unduly disturb pre -pave compacted subgrade in preparation for the work. d. Contractor will participate in observing proof roll of subgrade by Road and Bridge at pre- base and pave meeting. e. Contractor will smoothly transition road base from compacted trail shoulder to meet the grade of adjacent ground by hand raking or other customary methods. Topsoil installation on adjacent slopes by Owner. Contractor shall match or transition work to existing trail and driveway asphalt grades within project limits. g. Base and asphalt shall maintain subgrade drainage cross slope of 2%. h. This project does not require shop drawings or other plans or specifications except as noted in this Exhibit C. i. All staging areas shall be restored to same or better condition prior to the work, following the demobilization of base and paving equipment. 13 5. Material Testing and Inspection: a. At or prior to pre -base and pave meeting, Contractor shall submit mix design for Hot Bituminous Pavement and provide certification that Class 6 meets CDOT specifications. b. Materials test results shall be provided to Owner. Tests and intervals for this project are as follows: Item Test Type Frequency Specification Class 6 Aggregate Base In Place Density 1 per 500 LF 95% Standard Gradation Hot Bituminous Asphalt 6. Traffic Control 1 per 2000 TN Atterberg Limits Content Gradation Density AASHTO T-99 1 per 2000 TN 1 per 1000 TN 1 per 1000 TN 1 per 500 LF 92% Theo. Density a. Two (2) weeks prior to beginning work, Contractor will submit a Traffic Control Plan for review by Owner and Colorado Department of Transportation (CDOT). The TCP will cover all phases of the work. b. Contractor shall be responsible for providing all required traffic control devices necessary to complete the work in accordance with the guidelines set forth within the Manual on Uniform Traffic Control Devices, with latest revisions and the CDOT M&S Standards. c. Proposed lane closures, though unanticipated as part of the work, are subject to review and approval by CDOT. The planned work does not take place on the highway paved travel lanes or shoulders. d. Lane closures must be as short as possible and per the MUTCD. Flaggers are required for each lane closure. e. The Traffic Control Plan advanced warning and construction signs, flashers, barricades and flag people must conform to the Manual on Uniform Traffic Control Devices (MUTCD). f. Any advance warning signs not in use for a particular activity shall be removed, placed outside of the clear zone or laid flat at least 4' from the edge of the shoulder. g. All flagging personnel must be certified and their certification cards available for inspection at any time. h. The TCP shall insure that closures of access points e.g. driveways is minimized. 14 i. Contractor will have a competent person at the work site at all times in responsible charge of the temporary traffic control. A Traffic Control Supervisor is not required, as this project is not expected to require beyond the Typical Application shown in the MUTCD and is not located on a roadway with particularly dangerous traffic conditions. j. Two-way traffic shall be maintained at all times in the construction area in accordance with the MUTCD. k. Workers, Contractor, Suppliers, etc. shall not access the work area by crossing the roadways unless proper traffic control or other necessary precautions are provided. 1. Employee vehicle parking is prohibited where it conflicts with safety, access or flow of traffic. No employee parking will be allowed within the clear zone. Adequate employee vehicle parking is available in the BLM and County staging areas. in. Dirt, mud or debris tracked onto the highway by the work activity will be removed daily by Contractor. n. Activities within the highway must be shut down when pavement is wet and hazardous for the traveling public. o. To meet conditions encountered in the field, minor changes or additions may be ordered and approved by CDOT. p. Contractor shall keep a copy on site at all times of the CDOT permit for this work issued to Eagle County and provided in the Bidding Documents. q. All costs incidental to the foregoing requirements shall be included in the traffic'control lump sum contract price for the project. 6. Permits a. The Contractor shall conform to the terms, conditions and stipulations of the CDOT Special Use Permit, attached as Exhibit E. b. Contractor's insurance will include Colorado Department of Transportation and the State of Colorado as an Additional Insureds. 7. Utilities: a. Excavation is not anticipated as part of this work. If excavation occurs, Contractor to notify Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 for utility locates. b. Overhead power lines are present within work area and should be accommodated during the work. 15 8. General: a. Contractor selection shall be based on Base and Paving Bid and per qualifications and other criteria described in the Bid Documents; and not on the combined total of the Base and Paving Bid and Alternate Bid. b. Material quantities may be adjusted by Owner depending on bid results. 16 EXHIBIT D GENERAL CONDITIONS TO CONSTRUCTION AGREEMENT 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. BIDDING DOCUMENTS: Refers to pre-bid documents (e.g. Instructions to Bidders) and as listed in the Bidding Documents Index. BONDS: Bid, performance, and payment bonds, and other instruments of security. CHANGE ORDER: A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. CONTRACT DOCUMENTS: Those documents set forth in Article 7 of the Agreement. CONTRACT PRICE: The monies payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. CONTRACT TIME: The number of days (computed as provided in these General Conditions), or the date stated in the Agreement for the completion of the Work. CONTRACTOR: The person, firm, or corporation with whom OWNER has entered into the Agreement. DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. DEFECTIVE: An adjective which, when modifying the word "Work," refers to Work that is unsatisfactory, faulty or deficient, or does not meet the requirements of any inspection, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER'S recommendation of final payment or prior to the guarantee period under paragraph 13.12 or prior to the expiration of any applicable statute of limitations. 17 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 or OWNER which orders minor changes in the Work in accordance with paragraph 10.2, but which does not involve a change in the Contract Price or the Contract Time. MODIFICATION: (a) A written amendment of the Contract Documents signed by both parties, or (b) a change order. The Contract Documents may only be amended by a modification. A modification may only be issued after the effective date of the Agreement. The Contract Documents only create a contractual relationship between Owner and Contractor. NOTICE OF AWARD: The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. NOTICE TO PROCEED: A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which CONTRACTOR shall start to perform the Work. 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 Eagle Valley Trail from Gypsum to Dotsero. The total construction of which the Work to be provided under the Contract Documents may be the whole or a part, as indicated elsewhere in the Contract Documents. RESIDENT PROJECT REPRESENTATIVE: The authorized representative of OWNER who is assigned to the site or, any part thereof. SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by CONTRACTOR, a subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer, fabricator, supplier, or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. NOTES AND 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. 18 SUBSTANTIAL COMPLETION: The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by his definitive certificate of substantial completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to substantial completion thereof. WORK: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of performing services, furnishing and incorporating materials and equipment into all construction, all as required by the Contract Documents or reasonably inferable therefrom and includes all labor, materials, equipment and services provided or to be provided by CONTRACTOR or to fulfill CONTRACTOR'S obligations. ARTICLE 2 — PRELIMINARY MATTERS DELIVERY OF BONDS: 2.1 When CONTRACTOR delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. COPIES OF DOCUMENTS: 2.2 OWNER shall furnish to CONTRACTOR up to ten (10) copies (unless otherwise specified in the Contract Documents) of the Contract Documents as are reasonable necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. COMMENCEMENT OF WORK; NOTICE TO PROCEED: 2.3 The WORK will commence upon issuance of a Notice to Proceed. A Notice to Proceed may be given at any time within thirty (30) days after the effective date of the Agreement. STARTING THE PROJECT: 2.4 CONTRACTOR shall start to perform the Work on the date when the Notice to Proceed is issued, and no Work shall be done at the site prior to that date. BEFORE STARTING CONSTRUCTION: 2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, or discrepancy in the Drawings or Specifications, unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 2.6 Within ten (10) days after the effective date of the Agreement (unless otherwise specified in the Contract Documents) CONTRACTOR shall submit to ENGINEER and OWNER for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of shop drawings submissions, and a preliminary schedule of values of the Work. 19 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 (20) days after the effective date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish procedures for handling shop drawings and other submittals, and for processing applications for payment, and to establish a working understanding among the parties as to the Work. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to ENGINEER in writing at once and before proceeding with the Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 3.3 The Contract documents include those documents set forth in Article 7 of the Agreement. 3.4 It is the intent of the Notes and Specifications 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 Notes, 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. 20 ARTICLE 4 — AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS AVAILABILITY OF LANDS: 4.1 OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way for access thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures, or permanent changes in existing facilities, will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER'S furnishing these lands or easements entitles him to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access hereto that may be required for temporary construction facilities or storage of materials and equipment. PHYSICAL CONDITIONS — INVESTIGATIONS AND REPORTS: 4.2 Reference is made to the supplementary conditions for identification of those reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress, or performance of the Work which have been relied upon by ENGINEER in the preparation of the Drawings and Specifications. UNFORESEEN PHYSICAL CONDITIONS: 4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or referred to in the Contract Documents. ENGINEER will promptly review those conditions and advise OWNER in writing if further investigation or tests are necessary. Promptly thereafter, OWNER may obtain the necessary additional investigations and tests, and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER and OWNER find that the results of such investigations or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a change order may be issued incorporating the necessary revisions as agreed upon by the parties. REFERENCE POINTS: 4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified herein), shall protect and preserve the established reference points, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER and OWNER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for replacement or relocation of such reference points by professional qualified personnel. ARTICLE 5 — BONDS AND INSURANCE PERFORMANCE AND OTHER BONDS: 5.1 CONTRACTOR shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. CONTRACTOR shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as (a) are licensed to conduct business in the state where the 21 project is located, and (b) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 If the surety on any bond furnished by CONTRACTOR is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the project is located, or it ceases to meet the requirements of clauses (a) and (b) of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to OWNER. INSURANCE: 5.3 CONTRACTOR'S Liability Insurance: The CONTRACTOR shall purchase and maintain such insurance as will protect him from claims set forth below which may arise out of or result from the CONTRACTOR'S operations under the Agreement, whether such operations be by himself, or by any Subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. All such insurance shall remain in effect until final payment, and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment, and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. 5.3.1 Claims under Workmen's Compensation, disability benefits, and other similar employee benefit acts; 5.3.2 Claims for damage because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; 5.3.3 Claims for damage because of bodily injury, sickness or disease, or death of any person other than his employees, and claims insured by usual personal injury liability coverage; 5.3.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Workmen's Compensation insurance shall provide coverage as required by the laws of the State of Colorado. Insurance covering claims for damages to persons or property required by the preceding paragraph (except subparagraph 5.3. 1) shall be in the following minimum amounts: Bodily Injury Liability: Each Person: $1,000,000 Each Accident or Occurrence: $2,000,000 Property Damage Liability: Each Accident or Occurrence: $1,000,000 Aggregate: $2,000,000 Products and completed operations aggregate $1,000,000 ►xa Employers Liability, including Occupational Disease $500,000 Any one fire $50,000 If any aggregate limit is reduced below $1,000,000 because of claims made or paid, CONTRACTOR shall immediately obtain additional insurance to restore the full aggregate limit and furnish to OWNER a certificate or other document satisfactory to OWNER showing compliance with this provision. Said insurance shall be furnished in types specified as follows: 5.3.5 CONTRACTOR'S Commercial General Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work performed by them under the Agreement and covering premises operations, fire damage, independent contractors, products and completed operations, blanket Grantual liability, personal injury, and advertising liability. 5.3.6 CONTRACTOR'S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work under the Agreement performed for the CONTRACTOR by Subcontractors. 5.3.7 Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. 5.3.8 Comprehensive Automobile Insurance covering any auto (including owned, hired and non -owned autos) shall be carried with a minimum limit of $1,000,000.00 each accident combined single limit. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.3.9 Employer's Liability Insurance covering all of CONTRACTOR's and any Subcontractor's employees acting within the course and scope of their employment. 5.3.10 The CONTRACTOR shall in addition, and in the amounts required under the above, obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the OWNER with respect to all operations under the Agreement by the CONTRACTOR or his Subcontractors, including omissions and supervisory acts by the OWNER. 5.4 Comprehensive Risk Policy Option: In lieu of the several policies specified for CONTRACTOR'S Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements hereinafter set forth, with an umbrella covering of $2,000,000, subject to the approval of the OWNER, will be permissible. 5.5 Subcontractor's Insurance: Before permitting any of his Subcontractors to perform any Work under this Agreement, CONTRACTOR shall either (a) require each of his Subcontractors to procure and maintain during the life of his Subcontracts, Subcontractor's Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the OWNER, or (b) insure the activities of his Subcontractors in his own policy. 23 5.6 Builder's Risk Insurance: Insofar as the Work to be performed under this Agreement consists entirely of new construction removed and separated from any existing facility used by OWNER, CONTRACTOR shall procure and maintain, for the duration of the Work of this Project, Builder's Risk Insurance, including the perils of fire, extended coverage (loss due to vehicles, explosion, wind, flood, riot, etc.), vandalism and malicious mischief, and special extended coverage (loss due to falling objects, collapse, water damage from faulty or leaking systems, etc.) in the full amount of the Contract Price plus the cost of authorized extras. Said amount of insurance coverage shall be considered to cover the insurable value of the Work under this Agreement which is considered not to exceed one hundred percent (100%) of the amount of this Agreement and authorized extras. Such policy shall not insure any tools or equipment, or temporary structures erected at the site and belonging to any person or persons, or their Subcontractors who are obliged by contract with the OWNER to do Work on the Projects. Such insurance shall be placed jointly in the names of the OWNER, CONTRACTOR, and any and all Subcontractors, and any and all others obliged by contract with the OWNER to do Work on this Project and at the OWNER'S option, any other person or persons whom the OWNER deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. CONTRACTOR shall furnish OWNER with certification of said insurance prior to commencement of any Work. Any proceeds obtained from insurance provided for by this paragraph shall be paid to and held by the OWNER as trustee. The OWNER shall have the right to withhold payment of such proceeds until such time as the Work destroyed or damaged and covered by such insurance shall be reconstructed and shall pay such proceeds on an installment basis similar to that provided for by progress payments covering the original Work. 5.7 Certificates of Insurance: Certificates of Insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the Work. These Certificates shall contain provisions naming the OWNER as an additional insured under CONTRACTOR'S insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty (30) days prior written notice has been given the OWNER. If any insurance company refuses to provide the required notice, the CONTRACTOR or its insurance broker shall notify the OWNER of any material reduction of coverage or limits, cancellation, suspension, non -renewal or any insurance within seven (7) days of receipt of insurers' notification to that effect. CONTRACTOR and his Subcontractors shall not permit any of his Subcontractors to start Work until all required insurance has been obtained and certificates with the proper endorsements have been filed with the OWNER. Failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the OWNER'S rights hereunder. 5.8 Owner's Liability Insurance: The OWNER, at his option, may but shall not be required to purchase and maintain such liability insurance as will protect him against claims which may arise from operations under this Agreement. Purchasing and maintaining such insurance, however, will not relieve the CONTRACTOR from purchasing and maintaining the insurance hereinbefore specified. 5.9 Loss of Use of Insurance: The OWNER, at his option, may but shall not be required to, purchase and maintain such insurance as will insure him against loss of use of his property due to fire or other hazards, however caused. 5.10 Coverage required of CONTRACTOR and any of its subcontractors shall be primary over any insurance or self-insurance program carried by OWNER. 5.11 All insurance policies in any way related to this Agreement and secured and maintained by CONTRACTOR as required in this Article 5 shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against County, its agencies, institutions, organizations, officers, agents, employees and volunteers. 24 5.12 OWNER 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 terns of section 5.3 and all its subparts in all contracts or sub- contracts, and all Subcontractors shall purchase and maintain the insurance on the terns and conditions as set forth herein. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES SUPERVISION AND SUPERINTENDENCE: 6.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. 6.2.1 CONTRACTOR shall maintain and deliver to OWNER a daily job report of Work performed, notable events and incidents, weather conditions, Subcontractor's performance, any deficiencies (and the corrective actions taken), delays, and other information that OWNER may reasonably request. 6.2.2 CONTRACTOR will participate in meetings with OWNER at a specific date, time and place established by OWNER, and to deliver all attending parties current reports on the following items: progress payment requests; requests for information -current log; change requests- current log; submittals- current log; change orders- current list; claims- pending claims, notices of claims and any plans to file claims, if applicable, project progress report, job problems and quality control review. LABOR, MATERIALS AND EQUIPMENT: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work, and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto, and except as otherwise indicated in the supplementary conditions, if any, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime Work or the perfonnance 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. 25 6.5 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of Work. 6.6 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required test) as to the kind and quality of materials and equipment. 6.7 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier, or distributor, except as otherwise provided in the Contract Documents. 6.8 CONTRACTOR shall replace supervision personnel as -needed based upon OWNER's assessment that the Project is not adequately staffed or the Work is not progressing adequately. 6.9 CONTRACTOR shall at all times maintain a full-time management and supervisory staff of competent persons at the Project site to coordinate and provide general direction of the Work and progress of subcontractors on the Project. 6.10 CONTRACTOR agrees that only competent and skilled workmen who satisfactorily perform their duties shall be employed on the Project and CONTRACTOR shall ensure that there are an adequate and competent supply of skilled workmen and materials as necessary to carry out the Work on a continuous basis. EQUIVALENT MATERIALS AND EQUIPMENT: 6.11 Whenever materials or equipment are specified or described in the drawings or specifications by using the name of a proprietary item, or the name of a particular manufacturer, fabricator, supplier, or distributor, the naming of the item is intended to establish the type, function, and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers, or distributors may be accepted by ENGINEER and OWNER if sufficient information is submitted by CONTRACTOR to ENGINEER and OWNER to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGINEER and OWNER will be as set forth in paragraphs 6.11.1 and 6.11.2 below. 6.11.1 Requests for review of substitute items of material and equipment will not be accepted by ENGINEER or OWNER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER and OWNER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the drawings or specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject of payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs or savings that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER and OWNER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute. ENGINEER and OWNER will be the sole judge of acceptability, and no substitute will be ordered or installed without ENGINEER'S and OWNER's prior written acceptance. OWNER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, a special performance guarantee or other surety with respect to any substitute. 6.11.2 ENGINEER will record time required by ENGINEER and ENGINEER'S consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the drawings or specifications occasioned thereby, whether or not ENGINEER accepts a proposed substitute. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: 6.12 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award, and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award, will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective work. If OWNER or ENGINEER, after due investigation, has reasonable objection to any Subcontractor, or other person or organization proposed by CONTRACTOR after the Notice of Award, CONTRACTOR shall submit an acceptable substitute, and the Contract Price shall be increased or decreased by the difference in cost occasioned by such substitution, and an appropriate change order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom CONTRACTOR has reasonable objection. 6.13 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors, and of persons and organizations directly or indirectly employed by them, and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create a contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any monies due any Subcontractor, or other person or organization, except as may otherwise by required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done. 6.14 The divisions and sections of the specifications and the identifications of any drawings shall not control CONTRACTOR in dividing the Work among Subcontractors, or delineating the Work to be performed by any specific trade. 6.15 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the OWNER and ENGINEER. CONTRACTOR shall pay each Subcontractor a just share of any insurance monies received by CONTRACTOR on account of losses under policies issued pursuant to paragraph 5.6. PATENT FEES AND ROYALTIES: 6.16 CONTRACTOR shall pay all license fees and royalties, and assume all costs incident to the use in the performance of the Work, or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, 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 27 calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorney's fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work, or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. PERMITS: 6.17 Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of bids. CONTRACTOR shall pay all charges of utility service companies for connections to the Work, and OWNER shall pay all charges of such companies for capital costs related thereto. LAWS AND REGULATIONS: 6.18 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing, or having reason to know, that it is contrary to such laws, ordinances, rules, and regulations, and without such notice to ENGINEER and OWNER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR'S primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules, and regulations. TAXES: 6.19 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place of the Project. USE OF PREMISES: 6.20 CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. 6.21 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work. At the completion of the Work, CONTRACTOR shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, appliances, construction equipment, and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. 6.22 CONTRACTOR shall not load, nor permit any part of any structure to be loaded, in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.23 CONTRACTOR shall be responsible for removing all water and or mud interfering with the Work. 28 6.24 CONTRACTOR shall perform the Work so as not to interfere with or disrupt the business operations of any adjacent businesses and recreation areas. 6.25 CONTRACTOR shall protect and prevent damage or disturbance to any trees or other vegetation as shown in the Contract Documents. 6.26 CONTRACTOR will locate all underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any easements containing such facilities, including those that convey electricity, gasses, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems which shall collectively be known as the "Underground Facilities" prior to performing the Work. Unless it is otherwise expressly provided in the Contract Documents; 6.26.1 OWNER shall not be responsible for providing any information to CONTRACTOR regarding the Underground Facilities; and 6.26.2 The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. Locating all Underground Facilities b. Coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction; and the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. RECORD DOCUMENTS: 6.27 CONTRACTOR shall keep one record copy of all specifications, drawings, addenda, modifications, shop drawings, and samples at the site in good order and annotated to show all changes made during the construction process. These shall be available to ENGINEER for examination and shall be delivered to ENGINEER for OWNER upon completion of the Work. SAFETY AND PROTECTION: 6.28 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to: 6.28.1 all employees and subcontractors on the Work and other persons who may be affected thereby, 6.28.2 all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.28.3 other property at the site, or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property, or to protect them from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.28.2 or 6.28.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, shall be remedied by 29 CONTRACTOR (except damage or loss attributable to the sole fault of Drawings or Specifications, or solely to the acts or omissions of OWNER or ENGINEER). CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR, in accordance with paragraph 14.13, that the Work is acceptable. 6.29 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S superintendent, unless otherwise designated in writing by CONTRACTOR to OWNER. EMERGENCIES: 6.30 In emergencies affecting the safety or protection of persons, or the Work, or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER to OWNER, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice of any significant changes in the Work, or deviations from the Contract Documents caused thereby. SHOP DRAWINGS AND SAMPLES: 6.31 After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER and OWNER for review and approval, in accordance with the accepted schedule of shop drawing submissions, five copies (unless otherwise specified in the general requirements) of all shop drawings, which shall have been checked by, and stamped with the approval of, CONTRACTOR, and identified as ENGINEER or OWNER may require. The data shown on the shop drawings will be complete with respect to dimensions, design criteria, materials of construction, and like information to enable ENGINEER and OWNER to review the information as required. 6.32 CONTRACTOR shall also submit to ENGINEER and OWNER for review and approval, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by, and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, and any pertinent catalog numbers, and the use for which intended. 6.33 At the time of each submission, CONTRACTOR shall, in writing, call ENGINEER'S and OWNER's attention to any deviations that the shop drawings or samples may have from the requirements of the Contract Documents. 6.34 ENGINEER with prior approval of OWNER will review and approve, with reasonable promptness, shop drawings and samples, but ENGINEER'S and/or OWNER's review and approval shall be only for conformance with the design concept of the Project, and for compliance with the information given in the Contract Documents, and shall not extend to means, methods, sequences, techniques, or procedures of construction, or to safety precautions of programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER or OWNER, and shall return the required number of corrected copies of shop drawings, and resubmit new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER or OWNER on previous submittals. CONTRACTOR'S stamp of approval on any shop drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials catalog numbers, and similar data, or assumes full responsibility for doing so, and that CONTRACTOR has reviewed or coordinated each shop drawing or sample with the requirements of the Work and the Contract Documents. 30 6.35 Where a shop drawing or sample is required by the specifications, no related Work shall be commenced until the submittal has been reviewed and approved by ENGINEER and OWNER. 6.36 ENGINEER'S and OWNER's review and approval of shop drawings or samples shall not relieve CONTRACTOR from responsibility for any deviations from the Contract Documents unless CONTRACTOR has, in writing, called ENGINEER'S and OWNER's attention to such deviation at the time of submission, and ENGINEER with prior approval of OWNER has given written concurrence and approval to the specific deviation, nor shall any concurrence or approval by ENGINEER or OWNER relive CONTRACTOR from responsibility for errors or omissions in the shop drawings. CONTINUING THE WORK: 6.37 CONTRACTOR shall carry on the Work and maintain the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and OWNER may otherwise agree in writing. INDEMNIFICATION: 6.38 To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER, and their officials, agents and employees, from and against all claims, damages, liabilities, losses, and expenses including, but not limited to, attorney's fees and costs arising out of, or resulting from, the performance or non-performance of the Work, and including, but not limited to, claims, damages, liabilities, losses, or expenses attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property including the loss of use resulting therefrom or is caused, in whole or in part, by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act or other applicable law. 6.39 In any and all claims against OWNER or ENGINEER, or any of their agents or employees, by any employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.38 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts, or other employee benefit acts. 6.40 The obligations of CONTRACTOR under paragraph 6.38 shall not extend to the liability of ENGINEER, his agents, or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications. ARTICLE 7 — WORK BY OTHERS 7.1 OWNER may perform additional Work related to the Project by himself, or have additional work performed by utility service companies, or let other direct contracts therefore which shall contain general conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct contracts (or OWNER, if OWNER is performing the additional work with OWNER'S employees) reasonable opportunity for the introduction and storage of materials 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 31 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 may issue communications to CONTRACTOR through ENGINEER. 8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER. 8.3 OWNER and all of its employees and agents shall have the right to full access and use of the Project site. Such use shall not constitute acceptance of the Work or any part thereof, or waive any of OWNER'S rights or remedies under the Contract Documents. ARTICLE 9 — ENGINEER'S STATUS DURING CONSTRUCTION OWNER'S REPRESENTATIVE: 9.1 OWNER'S representative during the construction period shall be the manager of the ECO Trails Department, or her designee(s), which includes ENGINEER for certain purposes as set forth in the Contract 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 32 experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work, and will endeavor to guard OWNER against defects and deficiencies in the Work. CLARIFICATIONS AND INTERPRETATIONS: 9.3 ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore, as provided in Article 11 or Article 12. REJECTING DEFECTIVE WORK: 9.4 ENGINEER after conferring and receiving approval of OWNER will have authority to disapprove or reject Work which is defective, and will also have authority to require special inspection or testing of the Work as fabricated, installed, or completed. SHOP DRAWINGS, CHANGE ORDERS, AND PAYMENTS: 9.5 In connection with ENGINEER'S responsibility for shop drawings and samples, see paragraphs 6.31 through 6.36 inclusive. 9.6 In connection with ENGINEER'S responsibilities as to change orders see Articles 10, 11, and 12. 9.7 In connection with ENGINEER'S responsibilities in respect to applications for payment, etc., see Article 14. PROJECT REPRESENTATION: 9.8 ENGINEER may utilize Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Contract Documents. If OWNER designates another agent to represent him at the site who is not ENGINEER'S agent, the duties, responsibilities, and limitations of authority of such other person will be as provided in the Contract Documents. DECISIONS ON DISAGREEMENTS: 9.9 ENGINEER will be the initial interpreter of the requirements of the Contract Documents and after first conferring with OWNER will be the judge of the acceptability of the Work thereunder. Claims, disputes, and other matters relating to the acceptability of the Work, or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work, shall be referred initially to ENGINEER in writing with a request for a formal decision which ENGINEER will render in writing within a reasonable time. LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: 9.10 Neither ENGINEER'S or OWNER's authority to act under this Article 9, or elsewhere in the Contract Documents, nor any decision made by ENGINEER or OWNER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER or OWNER to CONTRACTOR, any Subcontractor, any manufacturer, fabricator, supplier, or distributor, or any of their agents or employees, or any other person performing any of the Work. 33 9.11 Whenever, in the Contract Documents, the terms "as ordered", "as directed", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like effect or import are used to describe requirement, direction, review, or judgment of ENGINEER as to the Work, it is intended that such requirement direction, review, or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective never indicates that ENGINEER shall have authority to supervise or direct performance of the Work, or authority to undertake responsibility contrary to the provisions of paragraphs 9.12 or 9.13. 9.12 ENGINEER and OWNER will not be responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and ENGINEER and OWNER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 9.13 ENGINEER and OWNER will not be responsible for the acts or omissions of CONTRACTOR, or of any Subcontractor, or of the agents or employees of any CONTRACTOR or Subcontractor, or of any other persons at the site or otherwise performing any of the Work. ARTICLE 10 — CHANGES IN THE WORK 10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work; these will be authorized by change orders. Upon receipt of a change order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change order causes an increase or decrease in the Contract Price, or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2 OWNER, or ENGINEER with approval of OWNER, may authorize minor changes in the Work, not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a field order, and shall be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes that a field order justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore as provided in Article 11 or Article 12. 10.3 Additional Work performed without authorization of a change order will not entitle CONTRACTOR to an increase in the Contract Price, or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.30, and except as provided in paragraph 13.9. 10.4 OWNER may execute appropriate change orders prepared by ENGINEER covering changes in the Work which are required by OWNER, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or as provided in paragraphs 11.10 or 11.11. 10.5 If notice of any change affecting the general scope of the Work or change in the Contract Price is required by the provisions of any bond to be given to the surety, it will be CONTRACTOR'S responsibility to so notify the surety, and the amount of each applicable bond shall be adjusted accordingly. CONTRACTOR shall furnish proof of such adjustment to OWNER. 34 ARTICLE 11— CHANGE OF CONTRACT PRICE 11.1 The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 11.2 The Contract Price may only be changed by a change order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within two (2) days of the occurrence of the event giving rise to the claim. Any change in the Contract Price resulting from any such claim shall first be approved by ENGINEER and OWNER before being incorporated in a change order. 11.3 No change orders or other form of order or directive which requires additional compensable Work to be performed may be issued or be effective unless accompanied by a written assurance to the CONTRACTOR that lawful appropriations to cover the costs of the additional Work have been made. 11.4 The value of any Work covered by a change order, or of any claim for an increase or decrease in the Contract Price, shall be determined in one of the following ways: 11.4.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.10). 11.4.2 By mutual acceptance of a lump sum. 11.4.3 On the basis of the cost of the Work (determined as provided in paragraphs 11.5 and 11.6). 11.5 The term "Cost of the Work" means the sum of any and all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.6: 11.5.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages, plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, worker's or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, or on Sunday or legal holidays, shall be included in the above only to the extent authorized by OWNER. 11.5.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case, the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus 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 35 acceptable to CONTRACTOR, and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR'S Cost of the Work. All Subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.5.4 Supplemental costs including the following: 11.5.4.1 The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. 11.5.4.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machines, appliances, office and temporary facilities at the site, and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.5.4.3 Rentals of all construction equipment and machinery, and the parts thereof, whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof, all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.5.4.4 Intentionally omitted. 11.5.4.5 Intentionally ornitted. 11.5.4.6 Intentionally omitted. 11.5.4.7 The cost of utilities, fuel, and sanitary facilities at the site. 11.5.4.8 Minor expenses such as long distance calls, telephone service at the site, and similar petty cash items in connection with the Work. 11.5.4.9 Cost of premiums for additional bonds and insurance required because of changes in the Work. 11.6 The term "Cost of the Work" shall not include any of the following: 11.6.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorship), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work, and not specifically included in the agreed upon schedule of job classifications referred to in subparagraph 11.5.1. 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. 36 11.6.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the Work). 11.6.5 Costs due to the negligent performance or non-performance of CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 11.6.6 Other overhead or general expense costs of any kind, and the costs of any item not specifically and expressly included in paragraph 11.5. CONTRACTOR'S FEE: 11.7 Intentionally omitted. 11.8 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined adjustment to overhead and profit shall be figured on the basis of the net increase or decrease in allowable costs, if any. ADJUSTMENT OF UNIT QUANTITIES: 11.9 Whenever the cost of any Work is to be determined based upon unit price, CONTRACTOR will submit, in form acceptable to ENGINEER, an itemized cost breakdown together with supporting data. 11.10 Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate change order (additive or deductive) may be issued on recommendation of ENGINEER with written approval of OWNER. In no event will the unit price bid by CONTRACTOR be modified, but the quantity of any item may be increased or decreased as set forth herein. Notwithstanding the foregoing, in no event will the change modify the not to exceed the Contract Price or otherwise be modified without a change order approved by OWNER. CASH ALLOWANCES: 11.11 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents, and shall cause the Work so covered to be done by such Subcontractors, manufacturers, fabricators, suppliers, or distributors, and for such sums within the limit of the allowances as may be acceptable to ENGINEER and OWNER. Upon final payment, the Contract Price shall be adjusted as required, and an appropriate change order issued. CONTRACTOR agrees that the original Contract Price includes such sums as CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. ARTICLE 12 — CHANGE OF THE CONTRACT TIME 12.1 The Contract Time may only be changed by a change order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within two (2) days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a change order. 37 12.2 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of Articles 11 and 12 are CONTRACTOR'S sole remedies for delay by any cause whatsoever, including acts of OWNER. ARTICLE 13 — WARRANTY AND GUARANTEE; TESTS AND INSPECTION• CORRECTION REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. ACCESS TO WORK: 13.2 OWNER, ENGINEER, ENGINEER'S representatives, other representatives of OWNER, testing agencies, and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. TESTS AND INSPECTIONS: 13.3 CONTRACTOR shall give ENGINEER and OWNER timely notice of readiness of work for all required inspections, tests or approvals. 13.4 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith, and furnish ENGINEER and OWNER the required certificates of inspection, testing, or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ENGINEER'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation of the Work. The cost of all other inspections, tests, and approvals required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5 Any inspections, tests, or approvals, other than those required by law, ordinance, rule, regulation, code, or order of any public body having jurisdiction, shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6 If any Work that is to be inspected, tested, or approved is covered without written concurrence of ENGINEER and OWNER, it must, if requested by ENGINEER or OWNER, be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense, unless CONTRACTOR has given ENGINEER and OWNER timely notice of CONTRACTOR'S intention to cover such Work and ENGINEER or OWNER has not acted with reasonable promptness in response to such notice. 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. 38 UNCOVERING WORK: 13.8 If any Work is covered contrary to the written request of ENGINEER or OWNER, it must, if requested by ENGINEER or OWNER, be uncovered for ENGINEER'S and OWNER's observation and replaced at CONTRACTOR'S expense. 13.9 If ENGINEER or OWNER considers it necessary or advisable that covered Work be observed by ENGINEER or OWNER, or inspected or tested by others, CONTRACTOR, at ENGINEER'S or OWNER's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER or OWNER may require, that portion of the Work in question, furnish all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection, and testing of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive change order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction. OWNER MAY STOP THE WORK: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.11 If required by ENGINEER or OWNER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER or OWNER, either correct any defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER or OWNER, remove it from the site and replace it with non -defective Work in a manner acceptable to the ENGINEER and OWNER. TWO YEAR CORRECTION PERIOD: 13.12 If, within two years after the date of substantial completion, or such longer period of time as may be prescribed by law, or by the terms of any applicable special guarantee required by the Contract Documents, or by any other specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER, and in accordance with OWNER'S written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site, and replace it with non -defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. 13.13 Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed ACCEPTANCE OF DEFECTIVE WORK: 39 13.14If, 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: 13.15 If CONTRACTOR fails, within a reasonable time after written notice of ENGINEER and OWNER, to proceed to correct defective Work, or to remove and replace rejected Work as required by ENGINEER or OWNER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment, and machinery at the site, and incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR, but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents, and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER, and a change order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required, and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by OWNER of OWNER'S rights hereunder. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION SCHEDULES: 14.1 At least ten days prior to submitting the first application for a progress payment, CONTRACTOR shall (except as otherwise specified in the general requirements) submit to ENGINEER and OWNER a progress schedule, a final schedule of shop drawing submissions, and, where applicable, a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER and OWNER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon acceptance of the schedule of values by ENGINEER and OWNER, it shall be incorporated into a form of application for payment acceptable to ENGINEER and OWNER. APPLICATION FOR PROGRESS PAYMENT: 14.2 At least ten days before each progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER and OWNER for review an application for payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the application, and accompanied by such supporting documentation as is required by the Contract Documents, and also as 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 40 OWNER, as will establish OWNER'S title to the material and equipment, and protect OWNER'S interest therein, including applicable insurance. Each subsequent application for payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR'S obligations reflected in prior applications for payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR'S WARRANTY OF TITLE: 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any application for payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests, and encumbrances (hereafter in these General Conditions referred to as "Liens"). REVIEW OF APPLICATIONS FOR PROGRESS PAYMENT: 14.4 ENGINEER will, within ten days after receipt of each application for payment, either indicate in writing a recommendation of payment and present the application to OWNER, or return the application to CONTRACTOR indicating in writing ENGINEER'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the application. OWNER shall, within twenty days of presentation to him of the application for payment with ENGINEER'S recommendation, pay CONTRACTOR the amount recommended. 14.5 ENGINEER'S recommendation of any payment requested in an application for payment will constitute a representation by ENGINEER to OWNER that, based on ENGINEER'S on-site observations of the Work in progress as an experienced and qualified design professional, and on ENGINEER'S review of the application for payment, and the accompanying data and schedules, the Work has progressed to the point indicated; that, to the best of ENGINEER'S knowledge, information, and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion, and to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation); and, that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, ENGINEER will not thereby be deemed to have represented that exhaustive or continuous on-site inspections have been made to check the quality or the quantity of Work, or that the means, methods, techniques, sequences, and procedures of construction have been reviewed, or that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the monies paid or to be paid to CONTRACTOR on account of the contract price, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any Liens. 14.6 ENGINEER'S recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRACTOR'S being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7 ENGINEER may refuse to recommend the whole, or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to recommend any such payment, or, because of subsequently discovered evidence, or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 14.7.1 the work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2 written claims have been made against OWNER, or Liens have been filed in connection with the Work, 41 14.7.3 the Contract Price has been reduced because of modifications, 14.7.4 OWNER has been required to correct defective Work, or complete the Work in accordance with paragraph 13.14, 14.7.5 of CONTRACTOR'S unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 14.7.6 CONTRACTOR'S failure to make payment to Subcontractors, or for labor, materials, or equipment. SUBSTANTIAL COMPLETION: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall, in writing to OWNER and ENGINEER, certify that the entire Work is substantially complete, and request that ENGINEER issue a certificate of substantial completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER after conferring with OWNER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving his reasons therefor. If ENGINEER after conferring with OWNER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of substantial completion which shall fix the date of substantial completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will, within fourteen days after submission of the tentative certificate to OWNER, notify CONTRACTOR in writing stating his reasons therefor. If, after consideration of OWNER'S objections, ENGINEER considers the Work substantially complete, ENGINEER will, within said fourteen days, execute and deliver to OWNER and CONTRACTOR a definitive certificate of substantial completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER. At the time of delivery of tentative certificate of substantial completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, and insurance. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to his issuing the definitive certificate of substantial completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of substantial completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. PARTIAL UTILIZATION: 14.10 Use by OWNER of completed portions of the Work maybe accomplished prior to substantial completion of all the Work subject to the following: 14.10.1 OWNER, at any time, may request CONTRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete, and request ENGINEER to issue a certificate of substantial 42 completion for that part of the Work. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER after conferring with OWNER considers that part of the Work to be substantially complete, ENGINEER will execute, and deliver to OWNER and CONTRACTOR, a certificate to that effect, fixing the date of substantial completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of substantial completion as to part of the Work, ENGINEER after conferring with OWNER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of substantial completion as to that part of the Work, unless OWNER and CONTRACTOR shall have otherwise agreed in writing. OWNER shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10.2 In lieu of the issuance of a certificate of substantial completion as to part of the work, OWNER may take over operation of a facility constituting part of the Work, whether or not it is substantially complete, if such facility is functionally and separately usable; provided that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, correction period, heat, utilities, and insurance with respect to such facility. 14.10.3 No occupancy of part of the Work, or taking over of operations of a facility will be accomplished before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. FINAL INSPECTION: 14.11 Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR, and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. FINAL APPLICATION FOR PAYMENT: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and OWNER, and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked -up record documents, and other documents, all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of paragraph 14.14), CONTRACTOR may make application for final payment following the procedure for progress payments. The final application for payment shall be accompanied by all documentation called for in the Contract Documents, and such other data and schedules as ENGINEER may reasonably require. Payment shall be processed in accordance with C.R.S. 24-91-103 and C.R.S. 38-26-107. Notwithstanding the foregoing, CONTRACTOR will provide complete and legally effective lien releases or waivers satisfactory to OWNER. In lieu thereof, and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the Work, for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If 43 any subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER. FINAL PAYMENT AND ACCEPTANCE: 14.13 If, after conferring with OWNER and on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGINEER'S review of the final application for payment and accompanying documentation, all as required by Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of his obligations under the Contract Documents, ENGINEER will, within ten days after receipt of the 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, after receipt thereof, pay CONTRACTOR in accordance with the payment procedures set forth in the Agreement, the amount recommended by ENGINEER. CONTRACTOR'S CONTINUING OBLIGATION: 14.14 CONTRACTOR'S obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a certificate of substantial completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER, nor any failure to do so, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER shall constitute an acceptance of Work not in accordance with the Contract documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents. WAIVER OF CLAIMS: 14.15 The making and acceptance of final payment shall constitute: 14.15.1 a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled liens, from defective Work appearing after final inspection pursuant to paragraph 14.11, or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however, it shall not constitute a waiver by OWNER of any rights in respect of CONTRACTOR'S continuing obligations under the Contract Documents; and 14.15.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION OWNER MAY SUSPEND WORK: 15.1 OWNER may, at any time and without cause, suspend the Work, or any portion thereof, for a period of not more than ninety days, by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on 44 which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR may, at the OWNER'S sole discretion, be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to any suspension, if he makes a claim therefor as provided in Articles 11 and 12. 15.2 Upon the occurrence of any one or more of the following events: 15.2.1 if CONTRACTOR is adjudged bankrupt or insolvent, 15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.3 if a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR'S property, 15.2.4 if CONTRACTOR files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, 15.2.5 if CONTRACTOR repeatedly fails to supply sufficient skilled workmen, or suitable materials or equipment, 15.2.6 if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors, or for labor, materials, or equipment, 15.2.7 if CONTRACTOR disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction, 15.2.8 if CONTRACTOR disregards the authority of ENGINEER, or 15.2.9 if CONTRACTOR otherwise violates, in any substantial way, any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR and his surety seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site, and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment, and machinery at the site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be verified by ENGINEER and incorporated in a change order, but in finishing the Work, OWNER shall not be required to obtain the lowest figure for the Work performed. 15.3 Where CONTRACTOR'S services have been so terminated by OWNER, the termination shall not affect any rights of OWNER against CONTRACTOR then existing, or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR rom liability. 15.4 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and expenses sustained through the date of termination. 45 CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER, or under an order of court or other public authority, or ENGINEER fails to act on any application for payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed through the date of termination. ARTICLE 16 — MISCELLANEOUS GIVING NOTICE: 16.1 Whenever any provision of the Contract Documents requires the giving of written notice, it shall be deemed to have been validly given if delivered in person to the individual, or to a member of the firm, or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. COMPUTATION OF TIME: 16.2 When any period of time is referred to in the Contract Documents by days, it shall be calendar days and be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday, or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. GENERAL: 16.3 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other party's employees or agents, or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observances of such injury or damage. 16.4 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular, but without limitation, the warranties, guarantees, and obligations imposed upon CONTRACTOR by paragraphs 6.38, 13.1, 13.11, 13.14, 14.3, and 15.2, and all of the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee, or by other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligations, right and remedy to which they apply. All representations, warranties, and guarantees made in the Contract Documents shall survive final payment and termination or completion of this Agreement. END OF GENERAL CONDITIONS 46 trails ADDENDUM #1 RELEASED FEBRUARY27, 2015 GYPSUM TO DOTSERO TRAIL BASE AND PAVING PROJECT Bidders shall acknowledge receipt of this Addendum #1 on the Bid Form. Failure to do so may render the Bidder's bid non-responsive. The following changes, additions, or deletions shall be made to the Bidding Documents and all other items shall remain the same. 1. Will Traffic Flaggers be required? Contractor to evaluate appropriate traffic control methods for the work and include the proposed cost in the bid form. As stated at the Pre -Bid Meeting February 24, 2015, the traffic control plan that was accepted for the Gypsum to Dotsero Trail base and paving project in Fall, 2014 included warning signs, delineators (cones) and flagging as necessary for certain operations that involved use of the highway travel lanes e.g. paving at driveways. 2. Material Testing and Specifications: See the attached revised Exhibit C Notes and Specifications for clarification of testing frequency. 5. Material Testing and Inspection: a. At or prior to pre -base and pave meeting, Contractor shall submit mix design for Hot Bituminous Pavement and provide certification that Class 6 meets CDOT specifications. b. Materials test results shall be provided to Owner. Tests and intervals for this project are as follows: Item Test Type Frequency Specification Class 6 Aggreg. Hot Bitum.Asphalt In Place Density Gradation Atterberg Limits Content Gradation Density 1 per 500 LF 1 per 1000 TN 1 per 1000 TN 1 per 500 TN 1 per 500 TN 1 per 500 LF 95% Standard AASHTO T-99 92% Theor. Density 3. Exhibit C, Section 8. General: Is revised as follows, because there is no Alternate Bid item: a. Contractor selection shall be based on Base and Paving Bid and per qualifications and other criteria described in the Bid Documents; and Rot eR the eerrmblned tetel of the 9a6e and PaviRg god nerd Altem to Bid END OF ADDENDUM NUMBER #1 47 IRADO DEPARTMENT OF TRANSK IUNTY ECO TRAILS DEPARTMENT- Nib EPARTMENTPIA — .. otar: {870j 328 623 II TO PnO TI'E& For ..asdeeptoaO fadHgr hudw taformstba, EXMIT E TYPE. Co RO i DEPARTA�i+Tj'UIiE Q>�iLY - � 17-�Tairlmytseper the Utliffy Notloo tb titer KCalorado - a .ec n. ■ a�aU not oche of ' Paewat to 4.1: T9 ix�la estaratton witlront t aWiiyinj the UNCC imd V oeoelacry, Meo naftljiet me tier *a aiearben h" a fe iia in thearea of saci euatralioM. NrMffcitlan sb�ll ndpw Nso be & a to toe CDOT reStanal PetdtWE atskr, or as 06a*be directed hf Ih6 ;r;1 FroAdca . ?%tice of the aatsuweemeM e:teat aid darWoo cane eseavadoe work skaU be evil at leaattiro badacp days ptio Cher cto, sot laslamog thi Of0dol t iotW Tk*WWoW bi j pv d { nOT m2v h6 tailed at (010j 683.6271. ACnvrlTDESCRVnON rablud . Peratittee). PURPM ❑Ia"akioa ❑ A4ustaa:a(` ` 13Renmvel []Maintena<toa0fescistinQFacil3ty TAOLnY (Pype, sic; dm of ftmidant, 40a F to or dm), D#SCR"ON OF WORK C rls 'Uct paved tnuitl-use trail forPublic use is sum to Datsaro i veil Sectlori NATURE OF INSTAUI.ATION ❑ tf ❑ Treoaverae (Croeangj 0 Buried QAwaViimum&mpwkd ❑Attach. ToHwy. Str.No. LOCATION uthside of 170 FR Otpled Info: D ADDTIIONALRF.hIARKS PLEASE R€VIEW A COMELY WITH TNI: ATTACHED "LATE FALL WINTER & SPRING SPECIAL ROVISIONS FOR WORK IN CDOT RIGHT OF WAY" Any work abpll only be in sew rd=tA with the iPPmYed p1ns and special pr+ovbietp tis set** in ibis permitand Itsattaebmemft The CDOTiuspe"is Caev Gtfffitf $M2 Telepbotk: M138"384 Fax: (9741524-0626 work is to be completedat or before: _Ju148. 21M5 _ or wittdn days, (es appl cabfej art+.g iffiri�kstot :r us W04fta 1*10:.DAYLIGHT HOURS ONLY, NO WEEKENDS DR HOUDAYS D=IpaW minimum ever is NIA De VmW Ova lead ckacsaoe is _ NIA (ALSO SEE ATTAC=STANDARDPRDVLSK*a.ANDADWWNALSPBCMLPROYiBI=X i1RAFmMN=LMUSY`CONEMMTOTMMUjCD) �er FIELD INSPECTOR SHAT t-_- rarmraee n prnaubrea cram contmSaeireS say Troy i%5way ROW prior to i gce of t tidty endersed aadralidated p�aa es:6iWt, iesaraact cern cate(e), sad traffic coniml plea must be "Iebie on sited work. permit: i all t; Omis du ft woridug hmus, h visibWtyvbtr are rpjabrd a't sN L You requm to on aedlor occaPy slate blRfrwstem Abts of pay tis daused above h granted sowed to the tenor sad eaadtd= of this puwt. Indo ft the ¢laadard and SpecW prorbioas n 1% owe oa the peradt sad sit attaekmeaf# bf reio. " 2. To the egept au6oftm by law, Permittee hereby aaruses, rd"M sad to Iedeaialtjy Ae[ead, sad sav! t he of and ajaw say leer aadlor 4ow'siia t � pl'p��r of Hu Statc if Colori tMrd pia or the! s tfieNi 6 barow frnen �bll�!' !i it death bf say Person whomsoever.- srLiag et ark i[m!, cawed er fir, sad s11� dadtor is•»ae w"aoeooat PeradNe a (eddies or aoy part rien0t, taelad[oa bot �t Ihatted to 1 d °ot of the ooeapatiaa a[C ado ;tete Hisbway rlpbtr bf wa7 tq d/ n►' !4"retatitton; matokdoiue oro enttoa, er removal Kesb6o� feeititica, atlas loch ban or daenBe arbes irsm the cdc neeoee or p!tllor eeadret of me 8tetr orCalorsde Itscop!s jrcd r aseuq, I Fe>lure lar the Pasatttee to comply will a.y of the tsdWed terms or eandttbos msy sabjeet ids p n* to saipeasion Ora adlollmtie Ike dbetetioa o[tke Deportmeo t of Traasperlatioe, 4. THIS PUM B NOT VALID tWM FULLY ENDORSED BY ALt PAR=, WITH DATE OF SUE AFFIXED HY AN AUTgORiTBD REPRfiSEM'ATM OF THE DEPARTSUNt A FULLY 13XE01fED CM OF THIS p1rRbffr 1NUST H$ ON FII AT THE 1RANSPORTATtON . )REGION OFMCL F Ia tie pita= lkb persalt fhe apderai2aed,:spr Mc Permidee aentt�� , reHap diet ie er ske bas the aatbodty to djo for dad bind thepermittbe, sad tkat kc or she kaa read, unders4mb and aeeeprs an Ike liilnded'eoa&tbss. I RW--------------------------------�-------------------------------4 ?tint Name: , 1 COLORADO DEPARTMENT OF TRANSPORTATION i Chief Engirkeer 1 rOMMMAPPOMM Mice Pabd 17-2 Tammy Leeper inspecmr Cary t 2AA2 t COW -. C 'A— _ j Date Insportatlon Dlreetor or Designee 1-7—Z7, 41f CWrFaM*1283 PM*w vamlons are obsolete and shmM not be need. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety r Utility Permit SectionJM�dln J 222 South 04 Street, Room 100 Grand Junction, Colorado 81501 f (970) 683-6271 LATE FALL, WINTER ANIS SPRING SPECIAL PROVISIONS FOR WORK WITHIN C1DOT ROW It's that time of year again when work within the Right of Way (ROOT) becomes a special concern. Due to Northwest Colorado's unpredictable weather, work in the ROW can create several types of hazards for the traveling public, contractors, and their personnel. The condition of the highway can change quickly. Mud tracked onto the highway by equipment, or ice and snowpack are just a few of the conditions that make the roadway more hazardous for all concerned. The terrain within the ROW must be kept clear of hazards as well. Holes, trenches, equipment and materials can make the terrain "unrecoverable" for a driver should his/her vehicle leave the highway. Activities ►iiust be shut down when the roadway is other than dry. The use of frozen materials for backfilling will only lead to settlement. The contractor must make extra effort to compact the excavation. In the spring, any settlement of backfill shall be repaired. The re -vegetation shall take place yet this fall or early next spring. DEPARTAILNT OF TRANSPORTATION Region 3 Traffic and Safety Utility Pernut Section 222 South 6 Street, Room 100 Grand Junction, Colorado 81501 (970)683-6288 FAX (970)683-6290 ARE OF C 3120353-S Permit No 070 FR Highway No 135.25—I37.55mm utile Marker 2N ARY2- Patrol No CDOT IS NOT A UNCC MEMBER AND UNCC WILL NOT ]LOCATE CDOT FACILITIES. PERMITTED WORK REQUIRES PERMITTEE OR CONTRACTORS TO CONTACT CDOT (970) 248- 7230, FOR LOCATES IF ANY CDOT SIGNALS, FLASHING BEACONS, ELECTICAL SIGNS, LUMINARIES, AND WEATHER STATIONS ARE LOCATED WITHIN 3000 FEET OF CONSTRUCTION AREA U UMI INSTALLATIONS 0 LERVORMED FROM 15 NOVEMBER TO 15 APT UNLESS THE CDOT INSPECTOR ON THE PERMIT HAS APPROVED Df THE INSTALLATION DURING THIS TIME FRAME, EMERGENCY REPAIRS ARE FXFMPT. REVIEW & rCOMPLY WITH THE !Y A ACHED "SPECIAL PROVISIONS FOR LASEt LL. WIN i ER AN SPRING TRAIt.€+'IC CONTROL I. The complete permit for this work, including approved Colorado Department of Transportation (to be know as CDOT or the Departrnent)permit, consttvction and traffic control plans, will be kept at the work site at all times. The permittee is responsible for providing traffle control plans that conforms to and meets the requirements of the Manan iTrrif� orm 71ra a Control Devic—es jA9TCJ and the, Colorado su mems. '?. To meet conditions encountered in the field, minor changes or additions may be ordered and approved by the CDOT Field inspector. 3. All CDOT employees shall be considered as inspectors when the safety of the traveling pubfic, safety of contractors, employees, or integrity of the property of CDOT is at risk. 4. All work shall cease when weather creates a safety hazard for the traveling public arWor barrow ditch is wet enough to leave tire or cleat marks, 5. Advanced warning and construction signs, flashers, barricades and flag people must conform to the Manual on Uniform Traffic Control Aevices, Colorado Supplements, and must be in place before work starts each day. 6. Any advance warning signs not in use for a particular activity shall be removed, placed outside of the clear zone, or laid fiat at least 4' from the edge of the rrn•r r C,,,,,,..,, �.., I, A shoulder and not on landscaped areas or sidewalks. This applies to both signs and structures. 7. All flagging personnel must be certified and have their certification cards available for inspection at any time. S. Lane closures must be as short as possible and as per the MUTCD. Flaggers are required for each lane closure. Advance warning signs must be placed as per MUTCD. All temporary traffic control signs shall be removed, covered or laid on the ground during non -working hours. 9. Two-way traffic shall be maintained at all times in the construction area in accordance with the M.U.T.C.D. and Colorado Supplements. WORKER SAFETY AND HEALTH 10. All workers within the State Highway right ofway shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations -including, but not limited to the applicable sections of 29 CFR Part 1910- Occupation Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, bearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: + Head protection, that complies with the ANSI Z89.11997 standard; At all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANS1Z41-1999; • High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSMSEA 107-1999, Class 2). Where any of the above -reference ANSI standards have been revised, the most recent version of the standard shall apply. CONSTRUCTION 11. The permittee must notify the CDOT inspector no less than two (2) days prior to any work on highway rightof=way. CDOT Inspector's name or alternate contact and phone number is on the permit. 12. No work shall proceed beyond the expiration date specified on the permit without written approval of the Department. 13. No work shall be permitted at night or on Saturday, Sunday, or holidays without prior authorization or unless otherwise specified in this permit. CDOT observed holidays remaining: Thursday, November 22, 2012 (Thanksgiving Day), Tuesday, December 25, 2012 (Christmas Day observed), Tuesday, January 1, 2013 (New Year's Day observed), Monday, January 16, 2013 (Martin Luther King, Jr. Birthday), Monday, February 20, 2012 (Presidents Day), Monday, May 18, 2013 (Memorial Day), Thursday, July 4, 2013 (Independence Day), Monday, September 2, 2013 (Labor Day), Monday, October 14, 2013 (Columbus Day), Monday, November 11, 2013 (Veteran's Day observed), Thursday, November 28, 2013 (Thanksgiving Day), Wednesday, December 25, 2013 (Christmas Day). 14. On three (3) day weekend holidays, the project shall be shut down by 12:00 Noon on Friday, and not resume prior to the €ollowing Tuesday morning. 15. Work hours for this permit are from one hour after sunrise to one hour before sunset, unless otherwise stated in the permit. 16. Permittee is responsible for the safety of the traveling public at all times when work is being done. 17. Forty-eight (48) hour notification must be given for the underground location of CDOT owned facilities. Phone (970) 683-6271. 18. Any damage to highway facilities, such as traffic lights, streetlights, concrete walkways, bice paths, asphalt, signing, etc, shall be repaired and reported immediately and notification must be given to the CDOT Inspector or contact CSP Dispatch -- 970-824- 6501 Craig & 970-249-4392 Montrose. 1'r1PlT 1 TtWo- C-- n,..c._J , rn4 19. Should any excavation encounter plant or animal fossils, the remains of historic or prehistoric structures, historic or prehistoric artifacts (bottle dumps, charcoal from subsurface hearths, pottery, potsherds, stone tools, arrowheads, etc.), the operation shall cease at once and the permittee shall contact the CDOT Environmental Office (970) 683- 6250 for guidance. 20. Permittee assumes all responsibility for any and all land survey monuments within the permitted area of the right-of-way. If disturbed or destroyed, the permittee bears full cost for replacement. Construction may need to be re-routed to avoid disturbing High Accuracy Reference Network Survey Land Markers Direct any questions within five (5) days prior to construction to: Region Survey Coordinator, 222 South & St., Room 317, Grand Junction, CO 81501 at 970-683-6230. 21. If petroleum or other potentially hazardous material i. encountered during excavation, work shall cease immediately. The proper disposal of any soils or other material determined to be hazardous and/or contaminated by fugitive petroleum uncovered or. excavated during the performance of utility construction shall be the sole responsibility of the Utility and shall be accomplisbed in accordance with all applicable Federal, State and Local laws and regulations. Such clean up and disposal sball be at no cost to CDOT. 22. All construction vehicles, delivery vehicles and traffic control vehicles shall be equipped with ilashbg amber/yellow beacons, which are visible from all directions. Only construction vehicles involved in the construction are to be at the work site. It is important to limit the number of extraneous vehicles at each work site. Staging areas shall be pre - approved. 24. No highway, roadway, or bike path (asphalt) or a (concrete) will be cut unless specified on the permit. 25. All backfill is subject to AASHTO standard compaction T-99 or T-180 as appropriate. Compaction and materials testing may be required at the discretion of the Department of Transportation. Flow fill shall be used for all parallel installations within 6 feet of the asphalt. 26. Material removed from any portion of the roadway must be replaced in like kind with equal or better compaction. No segregation of materials will be permitted. 27. All pavement markings removed or damaged during the utility installation will be replaced. 28. Areas of roadway and right-of-way disturbed daring this installation will be restored to the original contour and condition by grading to drain, top soiled, fertilized, mulched and reseeded with approved material at specified proportions. Mulch, fertilizer and seed shall be "certified weed free". Refer to Section 212 & 213 of the "Colorado Department of Tratrrsportaticui Standard Spec cations forRoad and Bridge Construcdon". Copies of weed free certification may be required by CDOT Region 3 permit section. 29. No equipment or materials will be allowed on the main lanes or the roadway during construction. 30. All work and materials to meet or exceed the most current issue of the "Colorado Department of Transportatlorr Standard SpecUlcatlons for Road and Bridge Corrstraction"&"Colorado Department of Transportation Standard Planp. M & S Standards". 23. Staging and material storage areas, within the right of 31. All drainage facilities shall be constructed in such a fashion as to not allow water to stand on any portion way must be pre -approved and beyond the clear zone. of highway right of way. Employee parking within the right of way shall be restricted and shall not be allowed, except in pre- approved contractor staging areas and beyond the 32. No landscape items such as railroad ties, large rocks, timber, etc. shall be placed within 30 feet of edge of clear zone. The only vehicles allowed within the the asphalt. highway clear zone are the construction vehicles necessary for the operation, such as the lnspector, 33. No signs or structures ofany kind shall be erected on Superintendent, Mechanic and Supervisor. Parking highway right ofway without MOT approval. along the shoulder of the highway is not allowed. Contractor utilizing private property for material 34. It is understood that the Colorado Department of storage and staging areas shall furnish CDOT with Transportation reserves the right to enter the documentation that permission has been obtained from the property owner. rrrvlT 1 ?N1..., a...,,.,, n___ , 1 n, bike/pedestrian area to perform maintenance activities at any time and without prior communication. 35. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. 36, All procedures and work are subject to MOT approval. 37. All work to be as per permit and submitted plans. MISCELLANEOUS 38. The permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado harmless from and against any loss of and/or damage to the property of the State of Colorado, third parties or the permittee's facilities including loss of services, loss and/or damage on account of injury to or death of any person, whosoever, arising at any time, caused by or growing out of the occupation of Colorado State Transportation rights-of-way the permittee's facilities or any part thereof, unless such toss and/or damage is the direct result of any willful and wanton act of the State of Colorado or its employees. 39. Permittee is prohibited from any illicit or non -storm water discharges that are prohibited by State Water Quality laws. if further information is necessary, CDOT shall provide a copy of the Environmental Clearances Summary. Permittee agrees that it shall be responsible for obtaining all necessary environmental clearances and permits from all agencies (U.S. Army Corps of Engineers, Colorado Divisions of Wildlife, U.S. Forrest Service, U.S. Bureau of Land Management, Colorado Department of Health & Environmen4 county health department, etc.) before commencing any work under this permit. Wltbout these clearances & Permits this Permlt shall be not in effect. Permittee also agrees to assume all responsibility and liability in connection with potential environmental hazards encountered in connection with its work under this permit. The permittee must show all environmental permits and clearances to CDOT (Utility Inspector or Environmental Officer) on request and prior to construction. 40. CDOT Need for Right of Way: The Department will not replace or relocate any landscaping placed within the right of way if CDOT has to have it removed for any reason, but not limited to: safety, maintenance, and construction. 41. In the event any changes are made to this highway for any transportation purpose in the future that necessitate removal, adjustment, or relocation of this installation, permittee will do so promptly at no cost to COOT except as provide by law, upon written notice from CDOT. 42. The permittee is responsible to ensure no damage occurs to existing utility and other installations that may be present on the State Highway right of way during landscaping activities. CDOT reserves the right to issue utility permits allowing installation of utilities in the State Highway right of way. The permittee shall not interfere with one installations which will take precedence over any landscaping activity, if any utility installation destroys a significant portion of the permitted landscaping, neither CDOT nor the utility company shall have any liability to the permittee for such damage. 43. 1f any element of the highway facility, constructed or replaced as a condition of this permit fails within two years due to improper construction, installation or materials, permittee will be responsible for making all repairs immediately as notified. 44. Should any permitted facilities be abandoned, permittee agrees to notify the CDOT Region office and remove any or all portions of such installation, as may be designated by CDOT. 45. The expiration date ofthis permit is noted on the permit. Any request to extend the time frame of this permit shall be made in writing. Submittal of an additional permit application may be required. 46. Use of the trail shall be limited to bicycles, pedestrians, wheelchairs, and other non -motorized users. No motorized vehicle use will be permitted, with the Use of the Trail shall be limited to bicycles, pedestrians, wheelchairs, and other non -motorized users. No motorized vehicle use will be permitted, with the exception of motorized vehicles necessary for maintenance of the trail, motorized wheelchairs, motorized bicycles, self -balancing personal transportation devices (Segways) and emergency vehicles and emergency access. 47. The Local Agency has determined that the entire bicycle/pedestrian trail is not a significant publicly .-Mr r re......,..,...... , _ owned park, recreation area or refuge and therefore, Section 4(t) of the U.S. Department of Transportation completed to the satisfaction of the State's Act does not apply. Inspector, that inspection shall constitute the final inspection and the State's Inspector will 48. The Local Agency is solely responsible for all notify the Local Agency in writing of the State's acceptance of the Project as of the date of the maintenance of the trail. The Local Agency shall be final inspection. solely responsible and liable for any and all claims, damages, liability and court awards including costs, C. if the inspection discloses any work, in whole or expenses and attorney fees, which arise as a result of the acts of its employees or agents or their acts of in part as being unsatisfactory, the State's omission, if any, in designing, constructing, Inspector will give the Local Agency directions for correction of same, and the Local Agency operating, or maintenance of the project within the State's Right of Way. Nothing in this contract shall be shall direct its contractor to implement the State's directions subject to the provisions of paragraph construed as a waiver by the State or the Local 21.6. of this contract. Agency of the provisions and protections of the Colorado Governmental Immunity Act, Section 24-i0-101, et seq., C.IZS., as now enacted or D. Upon correction of the work, another inspection hereafter amended. will be made which shall constitute the final inspection provided the work has been 49. The Local Agency recognizes that the State must satisfactorily completed. In such event, the State's Inspector will notify the Local Agency in retain the superior right to use the State's Right of writing of the State's acceptance of the Project as Way for highway purposes and that the Local of the date of the final inspection. Agency's use of the State Right of Way, is at all times subordinate to and subject to any and all current and future roadway operations, maintenance and State E. Final acceptance by the State under this highway needs and purposes, as determined by the paragraph does not waive any State legal rights contained herein. State in its sole discretion. The State may revoke this license, and the Local Agency shall relinquish all use of the State Right of Way without any cost or liability 5I. Within 120 days after Local Agency issuance and State acceptance of the Certificate of Final to the State whenever the State, in its sole discretion, determines that the State Right of Way is required for Completion, the Local Agency shall prepare and deliver to the State the final sets of plans and any state highway purpose. Such revocation shall occur automatically within 180 days after receipt of specifications (the "As -built" plans) for the Project, based upon surveyor's data maintained by the Local written notice from the State that such Right of Way Agency. A copy of said plans shall be made a part of is needed for current or future roadway operations, this contract by reference. maintenance, or other State highway needs and purposes. 52. if for any transportation purpose it becomes necessary 50. Upon satisfactory completion of construction of We to remove, adjust, or relocate the facility authorized pursuant to this Special Use Permit, Permittee will do Project; the Local Agency will issue to the State a Certificate of Final Completion showing the date of so promptly, at no cost to CDOT, upon written notice from CDOT. The Permittee shall perform the final completion and certifying that the project has been constructed according to the approved plans and relocation/removal work at or within a time specifications. Determination ofsadsfactory convenient to and in proper coordination with the project or transportation related activity, to minimize completion of the Project shall be made by the State in accordance with the following procedures: public inconvenience and cost, as directed by CDOT. The Permittee shall pay for damages caused by the A. Upon due notice from the Local Agency's project Permittee's delay in the performance of the facility relocationtremoval work or interference with the representative of presumptive completion of the Trail Project, the State's Inspector will participate performance of transportation work performed by others. Such damages include, but are not limited to, in an inspection of the Trail Project with the Local Agency and the Contractor. payments made by CDOT to any third party based on a claim that performance of the transportation project B. if construction of those portions of the project, work was delayed or interfered with as a direct result of the Permittee's failure to timely perform the t within or affecting State Right of way is found relocationtremoval work. Damages resulting from r'r%A-r 1 rat:+.. C-.— n_.:e.i 4 — f" delays in the performance ofthe facility ( relocation/removal work or interference with the transportation work that are caused by events beyond the Permittee's ability to reasonably foresee or control (a force majeure) shall not be charged to the Permittee. AL. tB t 3 •� _ 0 .flyCZ q� w -. •� v [ o 0 4� o c0► � �`'fi. V O � ti cn to •F3 is G rl d py � "� •� aate}} ^" � �d E� v �3 4 •t7 E.., ((FIs h �" � r--� � as ea Rs r o q ss � as U •v 00 O d _a 5 �E�$' ? U a •4vi G U �y 43 «� R .� H a. ,��, 3 a C7 Cd a ob a ° UQ U a u y .a o oD u Q7 v Q Q •- o v �' m C M coo -d o. i7 v] rs 22 •� .•�� .r-� any as a. a = .� CV 43 •p sem, Si O H.. ¢► U w U a is w S ca G7 a C *0CA � o o J= i Ra 43 ci CIO0 C- U �' •v r4 LF. - RB 43 U 4T"Ci C t1 Cto p• LI m :Q 4�r W 0... as as ois t= c4) va 4 CLI 11 0 11 9-0 to Is cr, UMass Ow `�7a, en. 0tom U W 4 CDOT UTILITY/RELOCATION/SPECIAL The following Standard Provisions tare terms and izonditions of this permit: l Xective January 1, 2008 Utility work authorized under this permit shall comply with the requirements of the State Highway Utility Accommodation Code, and applicable federal, state, local, and industry codes and regulations. Construction of any portion of the highway facility, including the pavement structure, subsurface support. drainage, landscaping elements and all appurtenant features, shall comply with the provisions of the CDOT Standard Specifications for Road and Bridge Construction, and with the Colorado Standard Plans (M & S Standards). I. C010JENCEMENT AND COMPLETION Work on highway Right of Way (ROW) shall not commence prior to issuance of a fully endorsed and validated permit. Permittee shall notify the CDOT inspector. a. At least 2 worsting days prior to commencing work, or resuming operations which have been suspended for five or more consecutive working days b. When suspending operations for 5 or mon: working days c. Upon completion of work. Work shall not proceed beyond a completion date specified in the Special Provisions without written approval of the Department. 2. PLANS, PLAN REVISIONS, ALTERED WORK Plans or work sketch (EXHIBIT A) are subject to CDOT approval. A copy of the approved plans or sketch must be available on site during work. Plan revisions or altered work differing in scope or nature from that authorized f -der this permit, are subject to CDOT prior approval. Permittee shall * J mptly notify the CDOT inspector of changed or unforeseen conditions, w ch may occur on the job. 3. INSURANCE Insurance Requirements for Utility and Special -Use Permits (Revised 7.05 per State Requirements) A. The Permittee shall obtain, and maintain at all times during the Performance of work authorized by this Permit, insurance in the following kinds and amounts. The Permittee shall require any Contractor working for them within the State Highway Right of Way to obtain like coverage. Tee Permittee shall also require any Contractor or Consultant perforating work described in sub. paragraph 4) below, to obtain Professional liability Insurance. 1) Workers' Compensation Insurance as requited by state statute, and Employer's Liability Insurance covering An employees acting within the course and scope of their employment and work on the activities authorized by this Permit. 2) Commercial General liability Insurance written on ISO occurrence form CO 00 01 10/93 or equivalent, covering premises operations, fire damage, independent Consultants, products and completed operations, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows' USE PERMIT STANDARD PROVISIONS site restoration, Completed Operations coverage shall be provided for a minimum period of one year following renal acceptance of work. If any aggregate limit is reduced below 1,000,000 because ofclaims made or paid, the Permittee, or as applicable- their Contractor, shall immediately obtain additional Insurance to restore the foil aggregate limit and furnish to CDOT a certificate or other document satisfactory to CDOT showing compliance with this provision, 3) Automobile Liability Insurance covering any auto (including owned, hired and non -owned autos) with a minimum limit as follows: 51,000.000 each accident combined single limit. 4) For any. a) engineering design; b) construction inspection; or, c) traffic control plan~ approved by a Traffic Control Supervisor, done in association with the operations or installations authorized by this permit, Professional Li*hly Irtsurmce with minimum limits of liability of not less than $1,000,000 Each Claim and 51,000,000 Annual Aggregate. If the policy is written on a Claims Made form, the Permittee, or, as applicable - their Consultant or Contractor, shall renew and maintain Professional liability Insurance for a minimum of two years following renal acceptance of the work, or provide a project specific Policy with a two year extended reporting provision. 5) Pollution Legal Liability Insurance with minimum limits of liability of 51,000,000 Each Claim and 51,000,000 Annual Aggregate. CDOT shall be named as an additional insured to the Pollution Legal Liawlity policy. if the Policy is a component of the Professional liability policy, the Additional Insured requirement is waived, and the Policy shall be written on a Claims Made form, with an extended repotting period ofat least two year following final acceptance of the work. 6) Umbrella or Excess Liability Insurance with minimum limits of 51,000,000. This policy shall become primary (drop down) in the event the primary Liability Policy limits aro impaired or exhausted. The Policy shall be written on an Occurrence form andsI be following fort of the primary. The following form Excess- liability shall include CDOT as an additional insured. B. CDOT shall be named as additional insured on the Commercial General Liability and Automobile Liability Insurance policies. Completed operations additional insured coverage shall be on endorsements CG 201011185. CG 2037, or equivalent. Coverage required by the Permit will be primary over any insurance or self- insurance program carried by the State of Colorado. C. 'rhe Insurance shall include provisions preventing cancellation or non -renewal without at least 30 days prior notice to CDOT by certified nail. D. The Permittee, or. as applicable - their Contractor or Consultant, will require all insurance policies in any way related to the Permit and secur d and maintained by the Permittee, Contractor or Consultant, to include clauses stating that'rach carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, its agencies, institutions, organizations, officers, agents, employees and volunteers. a S 1,000,000 each occurrence; E. All policies evidencing the insurance coverages required hereunder shall be issued by insurance companies b. 52,000,000 general aggregate; satisfactory to CDOT. �- 44 C. 52,000,000 products and completed operations a !x ggregate; FThe Permittee, or as applicable - their Contractoror Consultant, and shall provide certificates showing insurance coverage required by this Permit to CDOT prior to commencing work. No later than 15 d. 550,000 any one fire. days prior to the expiration date of any Such coverage, the e. For any permanent Pennittec•owned installations located State Permittee, Contractor or Consultant, shall deliver CDOT certificates of insurance evidencing renewals thereof At anytime during within the Highway Right Of Way, highway repairs, or the term of this contract, CDOT may request in writing, and the CDOT Permit Form 333 and Standard Provisions Page 2 of 6 1 . 02106 CDOT UTILITYJRELOCATIONISPECIAL USE PER411T STANDARD PROVISIONS Permitlec, Contractor or Consultant, shall thereupon within I0 days "'apply Ip CDOT, evidence satisfactory m COOT of compliance with the provisimn of this seclion. Notwithstanding svb%cclinn A of this section, if the Pcrmitlfv is a "public entity" within the meaning of the Colorado Govcmmental Immunity Act CRS 24-10.101, et Fen , as amended ("Act'), the Permittcc shall at all times during the term of this permit maintain only such liability irtsurance, by commercial policy or sclf- iasurance, as is necessary to meet its liabilities under the Act, Upon request by COOT, the Permittee shall Show proof of such insurance satisfactory to COOT. Public entity Permiltees are not required to name COOT as. an Additional Insured, H. If the Permittee engages a Contractor and/or Consultant to act independently from the Pcrmince on the pcimjned work, that Contractor and/or Consultant shall be required to provide an endorsement naming COOT as an Additional Insured tin their Commercial General liability, Auto Liability, Pollution legal liability and Umbrella or Excess liability policies. 4. WORK %MERE DEPARTMENT LACKS AUTHORITY Utility work within municipal boundaries (pursuant to 43-2.135 CRS), on certain public lands, or on private property, may require separate approval of the apprrrpriate jurisdiclional agency or property owner. S. INSTALLATIONS ON FREEWAYS CDOT may permit utility accommodations. on f= -way,, including but not limited to the Intcntate System, only in accordance with Utility Accommodation Code provisions. Special use exceptions as defined therein may be permitted Only in accordance with FHWA-approved Departmental policy. 6. JOINT USE ALTERNATIVES As directed or approved by COOT, if necessary for Ilse soft and efficient use of fire ROW, Pcrmitice Shall utilize joim use facilitiessuch as the placement of two or moreseparate lines in a common tmnch, or ailachnicnt to the same overhead support, The Permittee will be responsible for proper coordination with other affected ulilitics, 7. ATTACH1v1ENTTOMGHWAYSTRUCTURES Permitice is responsible for designing siruclum attachments, subject to the approval of the COOT Staff Bridge D—mign Engineer. S. DRAINAGEWAYSAND WATERCOURSES The flow of water shall flat ever be impaired or interrupted. Where possible, crossings of ditches, canals or waler,carrying structures shall be bored or jacked beneath. Irrigation ditch or canal crossings require approval of the ditch company or owner. Patnittce shall repair damage to any drainage facility to the satisfaction of the owner, N. TRAFFIC CONTROL PLAN a. Prior to commencing work, the Permiltee shall develop and submit to the Department for acceptance, a Traffic Control Pion (TCP) for any accommodation work that will affect traffic movement or safety. The Perntitice shall implement the TCP and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site. 5. The Permittee shall develop the TCP, and Mobods of Handling Traffic (Mrs) included therein, in conformance with the Manual on Uniform Traffic Control Devices (MUTCD), the Colorado Supplement thereto adopted by the Commission pursuant to sections 42.4.104 and 42-4.105 CRS, the Department's standard Specifications for temporary traffic control and the Department's standard plans for signing , Standard Plant S 630-1 and S 6302. The TCP shall include provisions for the passage of emergency Vehicles through the work zone, and shall conform to the mquimrnentx of the Americans with Disabilities Act. The TCP and "T's shall contain sufficient detoil to demonstrate conformil " .. with all applicable requirements. The Permitiec shall have a competent person at the work silo at all' - times in responsible charge of temporary traffic control. In situations where the TCP goes beyond any Typical Application shown in the MUTCD, or particularly dangerous roadway or traffic conditions exist, the Department may require the Permittee to have a Traffic Control Supervisor (TCS) develop or approve the TCp or to have a TCS on -she during work. The TCS shall be ccrtifrcd as a worksite traffic supervisor by either the American TmMc Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA), and shall have a current COOT Daggers' certification card. The TCS shall be responsible for the planning, preparation, coordination, implemcntalion, and inspection of the TCP. d, The Pcrmillcc shall not start the permitted work before the Department accepts the TCP, e. The Deparlment may review and order changes le the TCP and MHTs during performance of the work, as required. f. The Pcrinjace shall comply with the TCP at all timer during performance of the work. U. The Permittee shall keep it ropy of the TCP at the work lite at all timet during performance of the work for inspection h. The TCP shall ensure that closure of imerecting streets, road approaches and other access Dams is minimized. On heavily traveled highways, the Department will not pennit operations that interfere with traffic during periotd% of peak traffic (low. i. When Permittee operations coincide with highway construction maintenance operatian% the Pemtince shall develop and implerou the TCP in cooperation and cooMnation with the highway agency"` and/or its contractors and as otherwise directed by the Department in the permit. j. All naggers shall have a current COOT ()agger certification card, and shall be capable ofcommunicating with the traveling public%nd others at the work tate. 10, NCHRP 350 CRASHWORTHINESS REQUIREIVIENTS FOR WORK ZONE TRAFFIC CONTROL DEVICES Work zone devices designated by FHWA as, Category 1, including but not limited to single -piece drums, tubes, cones and delineator; Category 11, including but not limited to barricades, vertical panels with light, drums or cones with light, portable sign supports, intrusion detector and type III barticades; or as Category 111, including but not limited to concrete barriers, fixed sign Supports, crash cushions, and other work zone devices not meeting the definitions of Category I or II; %hall meet NCHRP 350 crash test requirements. The Permittee, or ilZconlracior shall obtain and stake available upon request, the manufacturer's written NCHRP 350 certification, or as applicable, the FHWA Acceptance Letter, for each type of device. FHWA Acceptance Letter for Category If or Category III Work Zone Devices may be accessed through the FHWA wvb%ite at t,tt1 Lt•,::fL,It thst.i tta� ca tifrzcizla,7� i stere, t di,ir,i,_.u���,t li'.aia 11. WORKER SAFETY AND HEALTH All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedum% and all applicable U S. Occupalional Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable actions o129 CFR Pan 1910.Occupational Safety and Health Standards and 29 CFR Pan 1926 - Safety and Health Regulation,. for Construction. COOT Permit Form 333 and Standard Provisions Page 3 of 6 02/06 CDOT UTELITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS b. Personal protective equipment (PPE) (e,g, head protection, footwear, high visibility apparel, safety glasses, heating protection, e. Thrust blocks are respirators, gloves, etc.) shall be worts as appropriate for the work required an all vertical and horizontal bends in pn=grate pipes. being performed, and as specified In regulation. At a minimum, all workers in the SH ROW, except when in their vehicles, shall wear the following personal protective equipmenr f,Meters shalt not be placed on highway ROW except within corporate limits where municipal regulations allow such use. 1) Head protection that complies with the ANSI Z89. I standard; 1S. ALIGNMENT, COVER, CLEARANCE 2) M oil construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA7s PPE requirements for foot protection per 39 CFR 1911).135, 1926,95, and 19:.'6.96. If required, such footwear shall 'race, the requirements of ANSI Z41; 3) High visibility apparel, which shall, at a minimum comply with the Class 2 specifications of the ANSVISEA I Wstandard Class 3 apparel shall be considered for use at night or in Particularly hazardous situations. 4) The most recent version of the ANSI standards listed above shall apply. 12. ADA REQUIREMENTS The Permittee shall comply with the applicable provisions of the Americans With Disabilities Act, with respect to both permanent facilities installation.%• and lemporary work zones. I3. CLEAR ROADSIDE CONSIDERATIONS a• CDOT is committed to provide a roadside area that is as free as Practical from nontraverseable hazards and fixed objects ('clear zone"). New above ground installations may be permitted within the elm zone only upon a showing that no feasible alternate locations exist. Permittee must utilize appropriate countermeasures to minimize hazards. Permittee shall remove materials and equipment from the highway ROW at the close of daily operations. The traffic control plan must include protective measures where materials and equipment may be stored on ROW. Protection of open trenches and other excavations within highway ROW shall be addressed in the Permittees traffic control plan. All excavations shall be closed at the end of daily operations, and no open excavation will be allowed in the clear zone after dark. The Permittee agrees to promptly undertake mitigating or corrective actions acceptable to the Department upon notification by CDOT that the installation permitted herein has resulted in a hazardous situation for highway users. 14. GENERAL CONSTRUCTION REQUIREMENTS a Work shall not be performed at night or on Saturdays. Sundays, or holidays without priorauthorization or unless otherwise specified in this permit. CDOT may restrict work on ROW during adverse weather conditionx or during periods of high traffic volume, b. Those areas within ROW, which must be disturbed by permit operations, shall be kept to a practical minimum. Permittee shall not Spray, cin, or trim trees or other landscaping elements within highway ROW, unless such work is otherwise specified in this permit, or clearly indicated on the approved plans. Cleated or tracked equipment shall not work on ormove over paved surfaces without mats, or pads on tracks. C. Material removed from any portion of the roadway prism must be replaced in like kion} with equal or better compaction, Segregation of material is not permitted. The permitted facility shall be of durable materials in conformity with accepted practice or industry standards, designed for long service life, and relatively free from routine servicing or ma rvenarxe. d. Construction or compaction by means of jetting, puddling, or water flooding is prohibited within all highway ROW. U- Location and alignment of Permince's facilities shall only be as specified in this permit or as otherwise indicated in the approved plans or work sketch (EXHIBIT A). b. Parallel installations will not be Permitted under roadways (including curbing and/or shoulders) or median areas, except within corporate boundaries, subject to municipal regulations. C. Parallel installations should be located as near as practicable to the ROW line. Crossings shall be as nearly perpendicular to the highway w feasible. d. Where no feasible alternate locations exist, the Department may permit parallel installations along roadside areas within 15 feet from edge of shoulder or back of curb, ht these cases, the facility must be so located and safeguarded as to avoid potential conflict with necessary highway appurtenances (signs, guard rail. delineators, etc.), Specific safeguards such as increasing depth of cover to 60 inches, capping, or encasement. shall be specified in this permit's Special Provisions. e. Parallel installations shall follow a uniform alignment, wherever Practical. Due consideration must be given to conserving space available for future utility accommodations. The standard allowable deviation from the approved horizontal alignment is t I g inches. f Minimum cover shat! conform to the Special Provisions. Normal specified cover will be 48 inches or greater; reduced cover may be approved where site conditions warrant, subject to cher safeguards as may be specified or approved in the permit. Minimum overhead clearance shall conform to the Special Provisiom, consistent with Utility Accommodation Code criteria 16. PAVEMENT CUTS AND REPAIRS Paved surfaces shall not be cut unless otherwise specified in this permit. No more than one half the width of the roadbed may be opened at a time, when Otherwise permitted Pavement shall be sawed or wheel -cut to a neat line. Pavement shall be replaced to a design equal to or greater than that of the surrounding undisturbed pavemem structure. Pavement repair shall conform to the Special Provisions or the approved plans. 17. BORING, JACKING, ENCASEMENT Unless otherwise specified, buried crossings shall be bored or jacked beneath the roadway, at least from toe of slope to toe of apposite slope. Portais for untrenched crossings more than 5 feet in depth shall be bulk headed in conformance with OSHA construction and safety standards. Portal limits of untrenched crossings shall be established safely beyond the highway surface and clear zone and in no case shalt the lateral distance from the surfaced area of the highway to the boring or jacking pit be less than the vertical di f rerence in elevation between such surface and the bottom of the pit Water jetting or tunneling is not permitted. Water assisted boring may be permitted as determined by the CDOT Inspector, Boring hole shall be oversized to the minimum amount required to allow pull-through of the conduit being installed, Resultant voids shall be grouted or otherwise backfilled, subject to CDOT approval. Ends of bored sections shall not be covered before being inspected. Encasement shall be consistent with Utility Accommodation Code provisions. CDOT may require protective easing for shallow installations or cerain conduit materials, Encased crossings shalt extend at least from toe of slope to toe of slope, or the full width between access -control lines on freeways. including the Interstate System. IS. INSPECTION AND ACCEPTANCE CDOT Permit Form 333 and Standard Provisions Page 4 of 6 (006 CDOT UTILiTY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS CDOT will determine the extent of inspection service -s necessary for a given installation. Pemlinee shall ancnd renal inspection as may be required, if the initial performance of permitted work was unacceptable, as determined by the Department, the Permittee shall perform any reconstruction or improverecnt of that work as ordered by the Department, in a timely manner and prior to any further construction. If permitted operations arc nol being carried out in compiiance with the terms and conditions of this permit, the Department may order the Permittee to perfarm whatever comclive measures are occm%zry to attain compliance with the permit. If ihere is an immediate danger to The public's health, safety or welfare, the Departmcnt may order the Permiltec to cease all alterations and if necessary, to remove all equipment and facilities from the SHROW. b. Final acceptance does not relieve Permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. Final acceptance begins the two-year warranty period (.see requirement under "Operation and Maintenance•' below). 19. ENVIRONniENTAL CLEARANCES/PERNIM It is the responsibility of the Permiace to determine which environmental clearances and/or regulations apply to their actisities and to obtain any cic=nces that are required directly from the appropriate regulatory agency prior to commencing worst. Phrase refer to or request a copy of the *)CDOT Environmental Ckarance informal ion Summary" (SCIS) for details The ECIS may be nblained from CDOT Permitting Offices or may be accessed via the CDOT webpage at lutj�./it+ttivsluttit;rte.di00 hilitk_l' ±Erfm/tgnat�clrr�. failure la comply with regulatory requimmentst may result in suspension or revocation of your CDOT perntil, of enforcement actions by other agencies. b. The Special Provisions of this permit shall list any speeifec environmental clearances or permit,. that the Department has been notified by the R mitice or by lite administering regulatory agency apply to the operations authorized by this permit. The Special Provisions shall require the Permittee obtain The listed environmental clearances/permits prior to beginning w'orlt. C. The Permittee shall comply with all requirements described in Ute CDOT Environmental Clearances Information Summary, including those pertaining to; I ) Ecological Resources 2) Cultural Resources 3) Discharges of Stormwater or Proce:ss Water 4) Hazardous Materials 5) Discharges of Dredged or fill Material 6) Erosion and Scdiawnt Control 7) Ditoposal of Drilling fluids 8) Concrete Washout 9) Spill Reporting 10) Transportation of Hazardous Materials d. Disturbance of any wildlife shall be avoided to the maximum extent practicable. If threatened or endangered species or archeolagical or historical artifacts art: encountered during the progress of a project, work in the subject arra .shall be hailed and the CDOT regional permitting office shall be contacted immediately for direction as to how to proceed. e, All discharges of stormwater or process water arc subject to the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations, f. Ile= shall be no disposal of hazardous materials in lbe state highway right of way. Solid waste shall be removed from the state highway right of way and disposed of at a permitted facility or designated collection point (such as the Permitice's own dumpsier) Drilling fluids must be disposed of as described in the SCIS If prc-cxisling solid waste or hazardous materials contamination (including oil or gasoline contaminated sail, asbestos, chemical� mine tailings, etc,) are encountered during the perfamlanre of the Permince shall halt work in the affected area and immediately; . contact the CDOT regional permitting office for direction as to how— to proceed. h. Spills shall be reported immediately using the CDOT Illicit Discharge Hotline (303) 5124.146. Spills on the highway, into waterways, or that may 01119 wise present an immediate danger to the public, shall be reported by calling 911 or the Colorado State Patrol at (303) 2394501, and the Colorado Department of Public Health and Environment at 1-(877) 518.5608. 20. RESTORATION OF RICHT OF WAY Prior to final acceptance, all disturbed ponions of highway right of way shall be cleaned up and restored to their original condition, subject to CDOT approval. Seeding, %adding, and planting .shall be as specified, or otherwise approved by CDOT. Construction, maintenance and watering requin:ments shall conform to the CDOT Slandard Specirwillions. When: landscape mstoration must he delayed due to seasonal requirements, such work may be authorized by separate permit. Permittee shall use only certified weed -free seed and mulch. Perrnioee shall clean equipment before transporting it into or out of the stale to prevent the migration of noxious weeds. 21. OPERAT70N AND MAINTENANCE a. Permittee agrees to own and maintain the installation permitted herein. The facility shall be kept in an adequate state of repair and maintained in such n manner as to cause the feast interference with the normal operation and mainlcnancc of the highway, b. if any element or the transportation facility, consirucled or replaced as a condition of this permit, fails within 24 months due to improv construction or materials, Permince shall make all repairs immediately as notified ire writing by CDOT. C. Routine, periodic maintenance and emergency repairs may be performed under the general terms and conditions of thin• permit. CDOT shall be given proper advance notice whereLwer maintenance work will affect the movement or safely of traffic. In an emergency, the CDOT Region office and the State Patrol shall immediately be notified of possible traffic hazards. Emergency procedures shall be coordinated beforehand, when; possible. d. Mainicnancc acrivitias requiring new excavation or other disturbance witbin highway ROW may require separate permit, Where highway construction or maintenance operations so rcquim Permince will shut off lines, remove all combustible materials from the highway right of way, or provide other temporary safeguard,., 22, MARKERS, LOCATION AIDS, LOCATION ASSISTANCE The utility shall.take all practical mcosumms to ensure that buried utility facilities at,-- surface -delectable by standard geophysical thethads. Where the utility Facilities. by the nature of their material properties, burial depth or other factors, may by themselves not be surface -detectable, the utility shall. where feasible, incorporate detection wire or other detection aids in the installation of those facilities. In instances where detection aids are not feasible or would be ineffective and surface -detectability cannot he ensured, surface madcs shall be installed as directed by the Department and as comtructed plain and showing the accurate horizontal and vertical location of the buried facilities shall be provided to the Department. b. All plowed or trenched installations mast include color -coded (using the American Public Works Association color coding system) warning tape placer,) not less than 12 inches vertically ab`. the top of the fine. The warning tape shall he surfacc-delectable if needed to facilitate detection of the line. CDOT Permit form 333 and Standard Provisions Page 5 df 6 OJ116 CDOT UTMITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS c. The utility shall place readily identifiable markers at the right of way tine where it is crossed by pipelines carrying transmittants c. The Penn"rttee shall Promptly remove all abandoned facilities from which are flammable, corrosive, expansive, energized, or unstable, which Particularly a carried at hi y high the SH ROW and promptly restore the SH ROW to pre-existing or other conditions prescribed by the Department unless the pressure or potential, except where a vent will serve as marker. Department in writing expressly 211014% the facility to remain in a place vete . for longitudinal underground d. The facilities utility vertshalically facilities vertically tmbove the facilities or at a known horirxntal place. Written notice from the Department, allowing an abandoned facility to remain in place, may include special conditions. Offset, unless otherwise approved in writing by the Department. Each marker shall provide a fore- and backlight to succeeding and d. If utility facilities arc retired or abandoned in place, the utility shall preceding markers. Markers shall be installed at suitable intervals comply with that decision ifdirected by the Depanmem: along tangent sections, at angle points or points of curvature and at reasonable intervals along curves. 1) cap, plug or fill lines, 3) furnish suitable location records for any such buried facilities, U. The utility shall maintain any markers required by this Code for the life ofthe installation. 3) maintain its own records of sueb facilities and respond to locate notices/requests from the UNCC and/or excavators. In providing such locates, the utility will indicate to the f The Department may require the utility to submit "ac constructed" requesting entity whether or not the subject facilities are plans. The Department may enter into an agreement with the utility whereby the Department can rely on those plans for the exact retired of abandoned 4) perform any other actions as deemed necessary by the location of the utility for any future excavations, and need not give Department to priest the transportation facility, and/or the notice to the utility under Article 1.5 of Title 9, C.R.S. traveling public. g. The utility will comply with the applicable requirements of Article IS of Title 9 C.R.S., including any requirement to participate in the State's Notification Association pursuant to 9-1.5-105 C R.S.. All owners of underground utilities within the SHROW, with the exception of the Department itself, must become members of the UNCC Notification Association. h. In addition to complying with the provisions of Article 1.5 of Title 9 C.R.S (One -Call Statute) in response to the Department's notification of planned excavations, utility owners shall surface - mark their buried utility facilities that are located within the SHROW in onlerto facilitate Departmental engineering and design activities, upon reasonable request from the Department, and at no cost to the Depanment. The Permittee shall respond to such request within a reasonable timeframe acceptable to the Department, but no longer than 14 calendar days from the date of request. and the accuracy of the surface marking sball be within 18 inches of either side of the actual location of the buried facility. 23. ADJUSTMENTS DUE TO ti1GFnVAY CONSTRUCTION If for any transportation purpose it becomes necessary to remove, adjust, or relocate this facility, Permittee will do so promptly, at no cost to the CDOT except as provided by law, upon written notice from CDOT and in accordance with the utility relocation permit issued to cover the necessary work. The utility shall perform the relocation at or within a time convenient to and in proper coordination with the project or transportation -related activity, to minimize public inconvenience and cost, m directed by the Department in the permit authorizing the relocation. The utility company shall pay for damages caused by the company's delay in the performance of utility relocation work or interference with the performance of transportation project work done by others. Such damages include, but ate not limited to, payments made by the Department to any third party based on a claim that performance of the transportation project work was delayed or interfered with as a direct result of the utility company's failure to timely perform the utility relocation work. Damages resulting from delays in the performance of the utility relocation worst or interference with the transportation project work that are caused by events beyond the utility company's ability to reasonably foresee or control fa forge majeure) shall not be charged to the utility company. 24• ASANDONIVIENT, RETIREMENT, CHANGE IN OWNERSFi1P a. The Permittee shall notify the Department in writing of the planned retirement or abandonment of its facility or any portion thereof, The Department will notify the Permittee in writing if it determines ' that the facilities may be retired or abandoned in place, along with any special conditions that may apply. b Retired facilities shall remain the Permittee's sole responsibility. subject to all provisions of the Utility Accommodation Code and all of the terms and conditions of the permit issued for that facility, including maintenance and relocation requirements. c. Ifthe ownership of utility facilities is transferred, both the original Permittee and the new owner shall notify the Department in writing prior to the change in ownership, and such notice shall state the planned date of change in ownership. The notice from the new Owner shall include a written statement accepting all terms and conditions of the existing permit. effective upon the planned date of the change in ownership. f. Utility facililiex containing asbestos may not be abandoned in-place. Ordinarily, such facilities must be removed from the SHROW when take out of service. On a case-by-case basis, the Department may Allow such facilities to be retired in-place, with the owner retaining full legal ownership and responsibility for the facilities. TS. SUSPENSION AND CANCELLATION a. The CDOT inspedor may suspend operation due to: I) Non compliance with the provisions of this permit 2) . Adverse weather or traffic conditions 3) Concurrent transponation construction or maintenance operations in conflict with the permitted work. 4) Any condition deemed unsafe for workers or for the general public. b. Work may resume when grounds for suspension no longer exist. This permit is subject to cancellation due to: 1) Persistent noncompliance with permit provisions 2) Abandonment or transferofox%metship 3) Superseded by new permit covering the same installation 4) Conflict with necessary planned transportation Construction. C. Permittee must promptly terminate occupancy upon notice of cancellation of permit, unless a new permit is applied for and granted, d. Where Permittee does not fulfill an obligation to repair or maintain any portion of the highway facility, or control and safely maintain the flow of traffic thereon, CDOT reserves the tight, in lieu of canceling this permit, to accomplish the required work by any other appropriate means. and Perminee shall be liable for the actual costs thereof. CDOT Permit Form 333 and Standard Provisions Page 6 of 6 • 02M COLORADO DEPARTMENT OF TRANSPORTATION Environmental Clearances information Summary PURPOSE - This summary is intended to Inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own fatalities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permitsldearances that may apply to their activities. This listing Is not all-inclusive - additional environmental or cultural resource perrmlts/clearances may be required in certain Instances. Appropriate local, state and federal agencies should be contacted for additional Information if there is any uncertainty about what permfts1clearances are required for a specific activity. IMPORTANT — Please Review The Following Information Carefully — Failure to Comply With Regulatory _RpquIremen0_May Result In Suspension or Revocation of Your COOT Permit, Or Enforcement Actions By Other encles CLEARANCE CONTACTS - As indicated in the permit/clearance descriptions listed below, the following individuals or agencies may be contacted for additional Information: • Colorado Department of Public Health and Environment (CDPHE): General Information — (303) 692-2035 Water Quality Control Division (WQCD): (303) 692-3500 Environmental Permitting Website httn:/h viw.cdphe.state.cp.us/ rnrimijts.aso. • CDOT Water Quality Program Manager. Rick Wslard (303) 757-9343 ht1w/hA-rv.cn1oradoda1 infolnri%nrams/environ+nentallwater- u�(it • CDOT Asbestos Project Manager: Theresa Santangelo-Dreiling, (303) 512-5524 • Colorado Office of Archaeology and Historic Preservation: (303) 866-3395 • U.S. Army Corps of Engineers, District Regulatory Offices: Omaha District (NE Colorado), Denver Office (303) 879-4120 htfD_llwww.nwo.usace.arny,millhtrrdlod-tVtri-lakes.titml Sacramento Dist. (Western CO), Grand Junction Office (970) 243-1199 http.//wwv�.svk.u-�ace.army,millcespk-co/requtatory/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719}-543-6915 ht3n:!/www.sga.usace.arm}�_rr3il. /ren! • CDOT Ulfiltfes Special Use and Access Permitting: 303 757-9654 http://www.dot,state.cc)-us/Permits/ Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable. Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the CDOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work, work In the subject area shall be hatted and the COOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT webske, htig;//coloradodot.irkf(�/pranrams/environmfntaINAIdrife/m i0plines or the Colorado Division of Wildlife webske bf!P://wiJIdlife.stgte.co.usWi dlifeSpecies/SraeciesorConce. Additional guidance may be provided by the appropriate R Ion Planningand Environmental Manager RPEM m/ . Cultu� ralR*soutgps —The applicant must request a file search of the permit area through the Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been Identified. Invent' the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses, all work In the subject area shall be hafted and the CDOT Regional Pem>itting Office and Region Planning and Environmental Manager shah be contacted Immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office and RPEM. Contact Information. Contact the OAHP for file such at 303 866-3395, Paleontological Reso ,rc- es - The applicant must request a fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to ascertain If paleontological resources have been previously Identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shah be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted Immediately. Authorization must be provided by CDOT prior to the continuation of work. Additional guidance may be provided by the Regional Permitting Office In the Permit Special Provisions, Contact Information: Contact the CDOT Paleontologist at 303 757-9632. Hazardous Materlals. Solid Waste - The Sold Wastes Disposal Sites and Facilities Act C.R.S. 30-20-100, at al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (B CCR 1007-2), prohibit solid waste disposal without an approved Certificate of designation (a landfill penmtt). The Colorado Hazardous Waste Act C.R.S. 25-15-301 el al, and the Colorado Hazardous Waste Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites, There are no permitted landfills or TSD sites within the Slate Highway Right of Way. Therefore, all sold or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at a permitted facility or designated collection point (e.g., for sold waste, a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings, etc.) Is encountered during the performance of work, the permittee shall haft work In the affected area and Immediately contact the CDOT Regional Permitting Office for direction as to how to proceed. Contact Into. Andy Flurkey, CDOT Hazardous Materials Project Mane er, (303Y512-5520. Asbestos Q13tainina MateLars. Asbestos Contaminated Soll — Ali work on asbestos containing materials (ACM) must comply with the applicable requirements of the CDPHE Air Pollution Control Division's (APCD) Regulation 8. Disposal of ACM, and work done In .,- asbestos-coniaminated soil, must comply with the CDPHE Hazardous Materials and Waste Management Division's (HMVVMD) Solid Waste Regulations. The application for any COOT permit must specifically identify any ACM involved in the work for which authorization is being requested. Additional guidance or requirements may be specified in the permit special provisions. ContJ512- Info. CDPHE APCD and HMWMD Regulations can be accessed via the CDPHE Environmental Permitting Website listed abov Additional information concerning clearance on COOT erofects is available from the CDOT Asbestos Project Manager (303) 5519, or Theresa Santan elo-Dreilin . Property Management Supervisor 303 512-5524. EnvironWental Clearances Information Summary Page 1 of 3 Colorado Department of Transportation December'10 ■. gnaw, ae uazaruc'.. Mater1a13 . iVo person may offer or accept a hazardous material for transportation In commerce unies, that person is registered In conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and In condition for shipment as required or .-G authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZ MAT Permit from the Colorado Public Utilities Commission. Contact Information. For authorization and more Info call the Federal Motor Safety Carrier Administration, US DOT for Inter- and intra -state HAZMAT ....� ,aaucv Vr y10 VYr rim Lvrps Of Crlgrneers 404 Permits are required for the discharge of dredged or fill materials Into waters of the United States, Including wetlands. There are various types of 404 Permits, Including Nationwide Permits, which are Issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a 'General" or "individual" 404 permit would be required. If an Individual 404 Permit is required. Section 401 water quality certification from the CDPHE WQCD is also required Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be ranuirad (nnnfart Inrnrmsfrnn u.., nnnur ui-`-- ^---K` - ^--•--. �. ---- --- ---- .—r-F-sa vn yr in any smream or as Danx - in order to protect and preserve the state's fish and wildiife resources from actlons that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) Intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CROW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at -- • .+v vwnnwa $ e rt, striai 1=a tries - Disdtarges of stormwater runoff FO construction sites disturbing one acre or more - or certain types of Industrial facilities, such as concrete batch plants - requires a CDPS Stormwater Construction Permit. Contact information: For UtilityiSpecial Use activities being performed In corgunction and coordination with a CDOT highway construction contract, please contact the COOT Water Quality Program Manager at (303) 757- 9343. Otherwise, contact the CDPHE Water Quality Control Divisional (303) 692-3500. Website: Y -La._ -r1..-.-.. - _. . .— _ 1110" -usuon uewatenn}g tuiscnarge or infiltration) - Discharges of water encountered during excavation or work in wet area may requirea Construction Dewatering Discharge Permit Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303)1392-3500. For Dewatering Application and Instructions, see Section 3 at the CDPHE website: hfln•!lun.n..ndw.h.. .s..r...-_.._c.._-rr�_-_-.... .. ...-.....,.... ._ .. ■ .� ■ a.a vw war mm ,4 uiscna Permit- Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that Nes within those municipalities, are subject to MS4 Permits issued by the C DPHE WQCD. For facilities that Ne within the boundaries of a municipality that Is subject to an MS4 permit, the owner of such facility should contact the municipality regarding stommwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit # COS - 000005 htt :i/wwvu.colarffdodot,irolo/pro r,�ms/environrnerriallwater-quality/documents/CQOT°I°20MS4%°20Permit.daclvfew and COR -030000 (htip:llwt rw cdahe siala,co.us/wpiParrraifsUntftPERtAiTsI3Wpermitsrats/SWConstructionpEM2it d, . Discharges are subject to inspection by CDOT and CDHPE. Contact the CDPHE Water Quality Control Dlvision at (303) 692-3500 for a listing of municicallftns rpnnlrerr fn nhfaln IA" o—M. -.-- ■., t n_..c._._.. __'-'_- -. -'- . . . - -- ---�..�.a. �. yr nu.ara n, - Y'*%;I iNFRuB - nu omscriarges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment, Allowable non-stommwater discharges tali be found at http:/iwww.cokxadodot.Info/programstenvironmentaVwater-quality/glossary.htmWANowableDischarge. Contact information. Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water ©ualtty Cnnfml rMuleinn of tqn% aan_1GAn •�...■a.. e - vrnass ulnervnse roenarlea oy t;uu t or the WQCD as sfgnifi sources of pollutants to the waters of the Stale, the foNowing discharges to siormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, Irrigation water, uncontaminated springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The COOT Water Quality Program Manager or the CDPHE Water Quality Control Division Itplanhnne file natarl �f. _% r-raslon ano searment control Practices - For activities requiring a Storrrmwater Construction Permit, erosion control requirements will be specified through that permit. In those situations where a stomm+ater permit Is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation according to CDOT 208 specifications. In either case, the CDOT Erosion Control and Stormwater Quality Guide (most recent version) should be used. to design erosion controls and to restore disturbed vegetation. Contact information: The CDOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans ` Office at (303) 757-9313 or from: httnPw.yw.dol staler o.us.ronvironmentaUEnvGVatcrQual/worr,s4,asp Error! Hyperlink _ reference not valid. Disoogal of Drilling Fluids - DRing fluids used in operatlons such as Horizontal Directional Drilling may be classified as "discharges' or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Way. and dis used of at rmitfed facilities that !Mificallj accept such wastes Dis osai of gggi fluids into storm drains, storm - Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation Decemt4r'10 sewers, roadside ditches or any other type of man-made or natural waterway is prohlbited by Water Quality Control and/or Solid Waste regulations, Small quantities of drilling fluid solids (less than 1 cubic yard of solds) may be left on -she after either being separated from fluids or after infiltration of the water, provided: 1) the drilling fluid consists of only water and bentonite day, or, if required for proper drilling properties, small quantities of polymer additives that are approved for use In drinking water well drilling; the solids are filly contained In a pit, and are not likely to pose a nuisance to future work In the area, 3) the solids are covered and area restored as required by COOT permit requirements (Utility, Special Use, or Access Permits, etc.). Contactlnformadon: Contact the COOT t CDPHE Uaison or COOT Water Quality Prnnram uAnanar --- a�V lwca of &an -%j P uC aimweo to now into the oratnage ways, inlets, receiving waters, or In the COOT ROW. Concrete waste shall be placed In a temporary concrete washout facility and must be located a minimum of 50 feet from state waters, drainageways, and Inlets. Concrete washout shall only be performed as specified by the COOT Environmental Program and shall be In accordance to COOT specifications and guidelines. Contact lnformadon; Contact the COOT Water Quality Program Manager at (303) 757-9343. Website: htt :liwtivw,coloradodot.infnfnrn trarnstenvironmentalfsv_ate.r- ualiiy/revised-m:.s tiaras refer to the Zink Revision of Sections tai 1t3762t? Wafer uality Conlmt One or gore AcrPS of Did 1rrhanra fnr nAf il-1-1 n. d.l..--- - ■• •-o��■...�■, 'All Sian ow tuntarneo ano Cleaned up as soon as possible. Spills shat NOT washed down into the storm drain or buried. All spills shall be reported to the COOT illicit Discharge Hotline at (303) 512-4448 (41-12O), as well as the Regional Permitting Office and Regional Maintenance Supervisor. Spills on highways, into waterways, any spill In the highway right-of-way exceeding 25 gallons, or that may otherwise present an Immediate danger to the public shall be reported by calling 911, and shall also be reported to the CDPHE at 1-R77.5iR.-gRna or comments about this at may be directed to Alex Environmental Clearances Information Summary Page 3 of 3 Colorado Department of Transportation December '10 BID FORM PROJECT IDENTIFICATION: GYPSUM TO DOTSERO TRAIL BASE AND PAVING PROJECT PHASE II THIS BID IS SUBMITTED TO: Board of County Commissioners Eagle County 540 Broadway Eagle, Colorado 81631 Mailing: ECO Trails Attn: Ellie Caryl, Program Manager P. O. Box 1470 Gypsum, CO 81637 Physical: 3289 Cooley Mesa Road Gypsum, Colorado 81637 1. The undersigned BIDDER proposes and agrees, if this bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this bid and in accordance with the Contract Documents. 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: 10 (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: ,C Date Number � (Receipt of all of which is hereby acknowledged) and also copies of the Advertisement of Invitation to Bid and the Instructions to Bidders; (b) BIDDER has examined the site and locality where the work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting cost, progress, or performance of the work, and has made such independent investigations as BIDDER deems necessary; (c) This bid is genuine, and not made in the interest of, or on behalf of, any undisclosed person, firm, or corporation, and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not, directly or indirectly, induced nor solicited any other bidder to submit a false or sham bid; BIDDER has not solicited nor induced any person, firm, or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other bidder or over OWNER. 4. BIDDER will complete the work for the following lump sum and unit prices: SEE EXHIBIT «Ari SCOPE OF WORK 5. BIDDER agrees that work will be completed on or before June 15, 2015 6. BIDDER accepts the provisions of the Contract Documents as to liquidated damages in the event of failure to complete the work on time. 7. The following documents are attached to and made a condition of this bid: (a) Required bid security in the form of a certified or bank check or bid bond. 8. Communication concerning this bid shall be addressed to the address of BIDDER indicated below: f'o AJ,'A r / V �`nis 'loc. Phone Number 'I � d 9. The terms used in this bid which are defined in the General Conditions of the construction contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. to SUBMITTED ON Inarc� , 015. 12 A Corporation By: ,�e2 AJ, (Corporation Name C o /Q r CLce 0 (State of Corporation) By: 1 (Name of Person Authorized to Sign) CLPe S �Il v ,}, ,,e-1 f`2 S ,`cid 2 rt (Title) (CORPOR TE- SEAL) Business Address: P, 42X I S I r Z ArQ4a 5/G Phone Number: 9 l D- 6 2 46 v� a� 15 FiLo r-� 5-p- SCOPE OP WORK GYPSUM TO DOTSERO TRAIL BASE AND PAVING PROJECT PHASE II BASE AND PAVING BID — COMPLETE AND SUBMIT WITH BID FORM: Item Description Unit _Qty Unit Price Total Hot Bituminous Pavement (HBP- SX, PG 58-28) IN 625 $ 95.75 $ 59,843.75 Aggregate Base Course (Class 6), including shoulders TN 1134 $ 29.00 $ 32,886.00 Materials Sampling, testing and inspection LS 1 $2,100.00 $ 2,100.00 Construction zone traffic control LS 1 $ 5,150.00 $ 5,150.00 TOTAL BID S 99,979.75 17 THE AMERICAN INSTITUTE OF ARCHITECTS KAVW ALL MEN BY THESE PRESENTS, that we Frontier Paving, Inc., PO Box 1167, Silt, CO 81652 (Heir insert full name ,and address or legal tide of Contractor) as Principal, hereinafler called the Principal, and U.S. Specialty Insurance Company a corporation duly organized under the taws of the State of TX as Surety, hereinafler called lite Surely, are held and finely bound unto ECO Trails, PO Box 1070, Gypsum, CO 8I637 (Har insert Full num Aul address or legal title oF(uster) as Obligee, hereinafter called the Obligee, in the s"m of Five Percent of Amount Bid Dollars (S 5 %), for the payment of which slim 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 GYPSUM TO DOTSERO TRAIL BASE AND PAVING PROJECT PHASE If (11" insert Full :same, w4lrrss and dcscripuon orpro; ect) NOW, THEREFORE, ifthe 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 hereofbetween 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 sliall be null and void, otherwise to remain in full force and effect. Signed and sealed this 4" day of March, 2015. 'Wt 'ss} Frontier Paving, Inc, (Pr' Seal) ('1 isle) fJr,Q S tdlQ A)—I ' U.S. Specialty Ins r f � (Surety) (Witness) `-- (Title)-Chaz s TENT A310 BID BOND AlA V FEBRUARY 1970 ED THE YWERICAN INSTITUTE-' OF ARCHITECTS, 1735 N.Y. AVE , N. W. WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying folates U S. cop} right tags and is subject to Iegol prosecution. 'act POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITEII STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, United States Surety Company, a Maryland` corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint:" Charles J. Schultz of Littleton, Colorado its true and lawful Attorney(s)41t-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, reeognizances, undertakings or. other instruments or contracts of suretyship to include riders, amendmeuts, and consents of surety, providing the bond penalty, does not exceed ***.*'Three Million***** Dollars (S -**3.000,000.00** ). This Power of Attorney shall expire without further action on December 08, 2016: This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Remlveg that the President. any Vice -Resident, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hervested with full power and authority to appoint anyone or Hatt suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf orthe Company subject to the following provisions: Astorery-la-Fact may be given full power and authority for and in the name or and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, mcognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings,, including any and all consents for the release or retained percentages andlor final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thetunder, and any such instruments so executed by any such Auomey:m•Fact shall be binding upon the Company as if signed by the Resident and sealed and effected by the Corporate Seetetury, Be It ResolveA that the signature of any authorized officer and seat of the Company heretofore or herealler affixed to any power of attorney or any cenilecate relating theereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimiles al shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this Oth day of December, 2012. AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY Corporate Seals n :u , Daniel P. Aguflar, Vice President State of California County of Los Angeles SS: 0610th day of December, 2012, before me, Vanessa Wright, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature(Seal) ttahrtr t5t6ae. cttrarMa� c �a aes.tate I, Jeannie Lee, Assistant Secretary of American Contractors Indemnity Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Los Angeles, California this 1 day Of Akm .- 'RmT Corporate Seats Bond No. ifi, o tij Jeannie Lee sistant Secretary Agency No. 18020 4" t,€ t;° Y i f io*-_,, OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE I, 'Wayne W. Williams, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, FRONTIER PAVING, INC. is a Corporation formed or registered on 01/08/1999 applicable requirements of this office, and is in good assigned entity identification number 19991003741. This certificate reflects facts established or disclosed through 03/02/2015 that have been posted, and by do through 03/03/2015 @ 14:41:57. under the law of Colorado, has complied with all standing with this office. This entity has been by documents delivered to this office on paper currents delivered to this office electronically I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, authenticated, issued, delivered and communicated this official certificate at Denver, Colorado on 03/03/2015 @ 14:41:57 pursuant to and in accordance with applicable law. This certificate is assigned Confirmation Number 9112961. Secretary of State of the State of Colorado ##i####### ##•###•#y###########t##►N#*R######Eno .rv'ntice. certifreate issued elecrronica{h, from &L21awdo Sgcrerar}�nf tar t Peb site is Fully and rmmediareltvalid and e{f crn a However, as an option, the issuance and ralidtpy of a certificate obtained efectrimirally nW be established by r•isiting the Certificate Confirmation Page of the Secretary of State's Web site, l t _` I u,� *.ns �y7 S L,.tcs fir- Ccr; fc entering the certificate's confirmation number displayed on the certificate, and jolloving the instructions displa),ed Confirming the issuance of a cerrrficare is merely onrianai and is no► nemwirr to the rand and effivive issuance ora certificate. For more information. risir our Website. htrp +.r mu jos jrate.co.ru click Business Center and select "Frequently Asked Questions. " CENT GS D Revised 08 .0 008 ec trails NOTICE OF AWARD March 16, 2015 Damian Ellsworth Frontier Paving, Inc. PO Box 1167 Silt, CO 81652 Re: BASE AND PAVING PROJECT, GYPSUM TO DOTSERO TRAIL You are hereby notified that Frontier Paving, Inc. has been selected as the successful bidder on the above referenced project. Please submit two signed and notarized copies of the attached Agreement and the required Bonds and Insurance per the attached General Conditions. Following receipt of these items, the Agreement will be scheduled for signature at an upcoming Board of Eagle County Commissioners meeting. Thank you. ECO TRAILS PROGRAM of EAGLE COUNTY GOVERNMENT Ellie Caryl Owner's Representative ECO Trails Program Manager CC: File ECO Tr,71& the communities ofGypsum, E?gle, Avon, V?il Minturn, Reel diff?,,, E,igle County working together to create,? reyion.7l t-.?d5ystem PO Box 1070 Gypsum CO 81637 (970) 328-3523 OP ID: IT C_4F+"" CERTIFICATE OF LIABILITY INSURANCE D03/23/2015 Y) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 03/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Neil -Garin Agency, Inc. PO Box 1576 Glenwood Springs, CO 81602 Tom Reece, CIC CONTACT NAME: I na Trau er PHONE FAX No : 970-945-2350 ac No E.111:970-945-911111 E-MAILADDRESs: itrauger@neii-garing.com PRODUCER CUSTOMER ID p: FRONT4 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Employers Mutual Casualty Co. INSURED Frontier Paving, Inc. PO Box 1167 Silt, CO 81652 INSURER 8: Pinnacol Assurance INSURER C: Allianz Global Corporate & Spe 22837 INSURER D: Nautilus Insurance Group INSURER E : INSURER F: A THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR vivnPOLICY NUMBER MM%DD/YYYY CYEXP MM%DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY X X 3X4028315 06/01/2014 06/01/2015 PREMISES Ea occurrence $ 100,00 CLAIMS -MADE � OCCUR MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 PRO LOC POLICY 41 $ AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT A X ANY AUTO 3X4028315 06/01/2014 06/01/2015 (Ea accident) $ 1,000,00 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE (PER ACCIDENT) $ X HIREDAUTOS X NON -OWNED AUTOS $ XUMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,00 A EXCESS LIAB CLAIMS -MADE 3X4028315 06/01/2014 06/01/2015 AGGREGATE $ 2,000,00 DEDUCTIBLE XI RETENTION $ 10,000 $ WORKERS COMPENSATION AND X JOTH X B EMPLOYERS' LIABILITY Y[ ORY IMT ER E.L. EACH ACCIDENT $ 1,000,00 ANYPRR/MEM ER/EXCLUD /E ECUTIVE OFFICE(Mandatory N/A X 4057059 06/01/2014 06/01/2015 in If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE - POLICY LIMIT $ 1,000,00 DESCRIPTION OF OPERATIONS below C Equipment FloaterMZ198473913 06/01/2014 1 06/01/2015 Leased 200,000 D Pollution CPL200533112 06/01/2014 06/01/2015 Occ/Agg $1MIL/$2M1 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) Ea le County is included as Additional Insured under Gen ral & Auto Liaility In respect to ongoing & completed operations performed by insured on behalf of holder as required by written contract subject to forms CG7174.3 & CA7450, General Liability coverage is primary. SEE NOTE>>> EAGLE -9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE le CountyEngineering Dept. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INEa Eagle County, Colorado ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 850 AUTHORED REPRESENTATIVE Eagle, CO 81631 Tr U 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION CONTRACT OR AGREEMENT INCLUDING COMPLETED OPERATIONS - PRIMARY AND NONCONTRIBUTORY This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. Section II — Who Is An Insured is amended to surveys, field orders, change orders or drawings include as an additional insured: and specifications; or 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury', "property damage" or "personal and C. advertising injury' caused, in whole or in part, by: Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of: a. your ongoing operations for the additional insured; or b. "Your work" for the additional insured and included in the "products — completed operations hazard". However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies.- This pplies: This insurance does not apply to "bodily injury," "property damage" and "personal and advertising injury" arising out of the rendering of, or the failure render, any professional architectural, meering or surveying services including: b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by the insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. D. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. preparing, approving, or failing to prepare E. All other terms and conditions of this policy remain L p drawings, opinions, reports, unchanged. Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE AMENDMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL (1) Coverage under this provision is afforded DAMAGE only up to 180 days after you acquire or SECTION 1 — COVERED AUTOS paragraph C. form the organization, or to the end of the Certain Trailers, Mobile Equipment, and policy period, whichever is earlier. Temporary Substitute Autos is amended by (2) Any organization you acquire or form will adding the following: not be considered an "insured" if: If PHYSICAL DAMAGE COVERAGE is provided by this coverage form for an "auto" you own, the Physical Damage Coverages provided for that owned "auto" are extended to any "auto" you do not own while used with the permission of its owner as a temporary substitute for the covered "auto" you own that is out of service because of breakdown, repair, servicing, "loss" or destruction. The coverage provided is the same as the coverage provided for the vehicle being replaced. B. BLANKET ADDITIONAL INSURED SECTION II — LIABILITY COVERAGE, A.I. Who Is An Insured is amended by adding the following: Any person or organization who is a party to a written agreement or contract with you in which you agree to provide the type of insurance afforded under this Business Auto Coverage Form. This provision applies to claims for "bodily injury" or "property damage" which occur after the execution of any written agreement or contract. C. EMPLOYEES AS INSUREDS The following is added to the Section II — LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured Provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. NEWLY FORMED OR ACQUIRED ORGANIZATIONS SECTION II — LIABILITY COVERAGE, A.I. Who Is An Insured is amended by adding the following: Any organization which you acquire or form after the effective date of this policy in which you maintain ownership or majority interest. However: (a) The organization is a partnership or a joint venture; or (b) That organization is covered under other similar insurance. (3) Coverage under this provision does not apply to any claim for "bodily injury" or "property damage" resulting from an "accident" that occurred before you formed or acquired the organization. E. SUBSIDIARIES AS INSUREDS SECTION II — LIABILITY COVERAGE, A.I. Who Is An Insured is amended by adding the following: Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, "insured" does not include any subsidiary that is an "insured" under any other automobile liability policy or was an "insured" under such a policy but for termination of that policy or the exhaustion of the policy's limits of liability. F. COVERAGE EXTENSIONS — SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, A.2.a. Coverage Extensions, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 5 G. FELLOW EMPLOYEE COVERAGE In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by workers compensation exclusivity rule, or similar protection. The following provision is added: Subparagraph 5. of paragraph B. Exclusions in SECTION II LIABILITY COVERAGE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. H. PHYSICAL DAMAGE — TOWING SECTION III — PHYSICAL DAMAGE COVERAGE, A.2. Towing is replaced with the following: We will pay for towing and labor costs incurred, subject to the following: a. Up to $100 each time a covered "auto" of the private passenger type is disabled; or b. Up to $500 each time a covered "auto" other than the private passenger type is disabled. However, the labor must be performed at the place of disablement. I. LOCKSMITH SERVICES SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: We will pay up to $250 per occurrence for necessary locksmith services for keys locked inside a covered private passenger "auto". The deductible is waived for these services. J. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions subparagraph a. Transportation Expenses is replaced by the following: (1) We will pay up to $75 per day to a maximum of $2,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss." (2) If the temporary transportation expenses you incur arise from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of the same like kind and quality as the stolen covered "auto." K. AUDIO, VIDEO, AND DATA ELECTRONIC EQUIPMENT COVERAGE The following is added to Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE 1. We will pay with respect to a covered "auto" "loss" to any electronic equipment that receives or transmits audio, visual or data signals and that is not designed solely for the reproduction of sound. This coverage applies only if the equipment is permanently installed in or upon the covered "auto" at the time of the "loss" or the equipment is removable from a housing unit which is permanently installed in or upon the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto". We will pay with respect to a covered "auto" "loss" to any accessories used with the electronic equipment described above. However, this does not include tapes, records or discs. 2. In addition to the following exclusion, the exclusions that apply to PHYSICAL DAMAGE COVERAGE also apply to the coverage provided by this extension, except for the exclusion relating to audio, visual and data electronic equipment. We will not pay, under this endorsement, for either any electronic equipment or accessories used with such electronic equipment that is: a. Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system; or b. Both: (1) An integral part of the same unit housing any sound reproducing equipment designed solely for the reproduction of sound if the sound reproducing equipment is permanently installed in the covered "auto'; and (2) Permanently installed in the opening of the dash or console normally used by the manufacturer for the installation of a radio. 3. With respect to coverage under this extension of coverage, the following is added to the Limit Of Insurance provision of SECTION III PHYSICAL DAMAGE COVERAGE. a. The most we will pay for all "loss" for any electronic equipment that reproduces, receives, or transmits audio, visual or data signals and any accessories used with this equipment as a result of any one "accident" is the lesser of: (1) The actual cash value of the damaged or stolen property as of the time of the "loss"; or CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 5 (2) The cost of repairing or replacing the damaged or stolen property with other property of like kind or quality, subject to a limit of $5,000. A $250 deductible will apply. L. HIRED AUTO PHYSICAL DAMAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss, or Collision coverage is provided for any "auto" you own, then the Physical Damage coverages provided are extended to "autos" you hire, subject to the following limit and deductible: (1) The most we will pay for loss to any hired "auto" is the lesser of Actual Cash Value or Cost of Repair, minus the deductible. (2) The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. (3) Subject to the above limit and deductible provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. (4) The insurance provided under this provision is excess over any other collectible insurance We will pay up to $1,000, in addition to the limit above, for loss of use of a hired auto to a leasing or rental concern for a monetary loss sustained, provided it results from an "accident" for which you are legally liable. M. AUTO LOAN OR LEASE COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE paragraph A.4. Coverage Extensions is amended by the addition of the following: In the event of a total "loss" to a covered "auto" which is covered under this policy for Comprehensive, Specified Cause of Loss, or Collision coverage, we will pay any unpaid amount due, including up to a maximum of $500 for early termination fees or penalties, on the lease or loan for a covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss' b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage. c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. PERSONAL PROPERTY OF OTHERS SECTION 111 — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for loss to personal property of others in or on your covered "auto." This coverage applies only in the event of "loss" to your covered "auto" caused by fire, lightning, explosion, theft, mischief or vandalism, the covered "auto's" collision with another object, or the covered "auto's" overturn. No deductibles apply to this coverage. O. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: We will pay up to $500 for "loss" to your personal effects not otherwise covered in the policy or, if you are an individual, the personal effects of a family member, that is in the covered auto at the time of the "loss". For the purposes of this extension personal effects means tangible property that is worn or carried by an insured including portable audio, video, or electronic devices. Personal effects does not include tools, jewelry, guns, money and securities, or musical instruments P. EXTRA EXPENSE FOR STOLEN AUTO SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: We will pay up to $1,000 for the expense incurred returning a stolen covered "auto" to you because of the total theft of such covered "auto". Coverage applies only to those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. Q. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A.4. Coverage Extensions is amended by adding the following: 1. This coverage applies only to a covered "auto" for which PHYSICAL DAMAGE COVERAGE is provided on this policy. 2. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 5 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the Policy's expiration, with the lesser of the following number of days. a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred; or b. $75 per day, subject to a $2,250 limit. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage — Transportation Expense Coverage Extension included in this endorsement. 7. Coverage provided by this extension is excess over any other collectible insurance and/or endorsement to this policy. R. AIRBAG COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B.3.a. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. S. NEW VEHICLE REPLACEMENT COST The following is added to Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE In the event of a total loss to your "new covered auto" of the private passenger type or vehicle having a gross vehicle weight of 20,000 pounds or less, to which this coverage applies, we will pay at your option: a. The verifiable new vehicle purchase price you paid for your damaged vehicle, not including any insurance or warranties. b. The purchase price, as negotiated by us, of a new vehicle of the same make, model, and equipment, or most similar model available, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. c. The market value of your damaged vehicle, not including any furnishings, parts, or equipment not installed by the manufacturer or their dealership. We will not pay for initiation or set up costs associated with a loans or leases. For the purposes of this coverage extension a "new covered auto" is defined as an "auto" of which you are the original owner that has not been previously titled which you purchased less than 180 days prior to the date of loss. T. LOSS TO TWO OR MORE COVERED AUTOS FROM ONE ACCIDENT SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: If a Comprehensive, Specified Causes of Loss or Collision Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident". This provision only applies if you carry Comprehensive, Collision or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. U. WAIVER OF DEDUCTIBLE — GLASS REPAIR OR REPLACEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding the following: If a Comprehensive Coverage deductible is shown in the Declarations it does not apply to the cost of repairing or replacing damaged glass. V. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, A.2. Duties in the Event of Accident, Claim, Suit or Loss is amended by adding the following: d. Your obligation to notify us promptly of an "accident," claim, "suit" or "loss" is satisfied if you send us the required notice as soon as practicable after your Insurance Administrator or anyone else designated by you to be responsible for insurance matters is notified, or in any manner made aware, of an "accident," claim, "suit" or "loss." W. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY Subparagraph 5. of paragraph A. Loss Conditions of SECTION IV BUSINESS AUTO CONDITIONS is deleted in its entirety and replaced with the following. 5. Transfer of Rights of Recovery Against Others to Us If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 5 However, we waive any right of recovery we may have against any person, or organization with whom you have a written contract, agreement or permit executed prior to the "loss" that requires a waiver of recovery for payments made for damages arising out of your operations done under contract with such person or organization. X. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES SECTION IV — BUSINESS AUTO CONDITIONS, B.2. Concealment, Misrepresentation, or Fraud is amended by adding the following: If you unintentionally fail to disclose any exposures existing at the inception date of this policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Y. MENTAL ANGUISH SECTION V — DEFINITIONS, C. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. Z. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CA7450(2-14) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 5 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". CG7555(10-13) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 PINNACOL 7501 E Lowry Blvd ASSURANCE Denver, CO 80230-7006 303-361-4000/800-873-7242 --------- ---- --------------- www. pin nacol.com Frontier Paving Inc PO Box 1167 Silt, CO 81652 ENDORSEMENT: Blanket Waiver of Subrogation NCCI #: WC000313B Policy #: 4057059 Neil-Garing Agency, Inc. PO Box 1576 Glenwood Springs, CO 81602 (970) 945-9111 We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDULE To any person or organization when agreed to under a written contract or agreement, as defined above and with the insured, which is in effect and executed prior to any loss. Effective Date: June 1, 2014 Pinnacol Assurance has issued this endorsement rJ ne 2,es on: ,2014. une 1, 2015 John Codega Underwriter Page 1 of 1 P ISA - 7501 E Lowry Blvd Denver, CO 80230-7006 06/02/2014 16:02:43 4057059 41391581 359-B