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HomeMy WebLinkAboutC20-195 Ewing ConstructionCONSTRUCTION AGREEMENT THIS CONSTRUCTION AGREEMENT is dated as of the __________, by and between Eagle County, Colorado a body corporate and politic (hereinafter called “County” or "Owner") whose address for purposes hereof is P.O. Box 850, 500 Broadway, Eagle, CO 81631, and Ewing Trucking & Construction LLC, a Colorado corporation licensed to work in the State of Colorado (hereinafter called "Contractor") whose address for purposes hereof is P.O. Box 2303, 28 2nd Street, Edwards, CO 81632. Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 – THE PROJECT AND THE WORK 1.1 The construction project which is the subject matter hereof is generally described as follows: construction services for construction of a trailhead and related parking, trail and installation of a bridge across Brush (the “Project”) located at 4381 Brush Creek Road, Eagle, Colorado on the Brush Creek Valley Ranch and Open Space property. Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents (“Work”). 1.2 A more complete description of the Project and a description of the applicable Project site (the “Site”) is provided by the Contract Documents. 1.3 Capitalized terms that are not defined in this Agreement shall have the meanings ascribed to them in the General Conditions and (or) the other Contract Documents as applicable. 1.4 The intent of the Contract Documents is to include all items reasonably necessary for the proper execution and completion of the Work. The Contract Documents are complementary and what is required by any one shall be binding as if required by all. Based on Contractor’s careful review of the Contract Documents, Contractor acknowledges that the Contract Documents require the construction of a completed Project in accordance with the terms hereof. 1.5 Contractor shall perform all the Work required by the Contract Documents or reasonably inferable therefrom, for the complete construction of the Project in accordance with the Contract Documents. Contractor shall provide and furnish all materials, supplies, equipment, tools, implements, all other facilities, and all other labor, supervision, security, transportation, utilities, storage, appliances and all other services as and when required for or in connection with the complete construction of the Project. 1.6 If the Work is taking place on property owned by other federal, state or local governmental entities, or a public utility or other third party, Contractor shall comply with any additional terms and conditions required by applicable law and (or) applicable permits. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 5/19/2020 C20-195 ARTICLE 2 - OWNER'S REPRESENTATIVE 2.1 The Project is under the authority of the Owner, through the Eagle County Project Management Department, Kevin Sharkey, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. The Eagle County Facilities Director, Rick Ullom, or his designee, shall be authorized to sign change orders increasing the scope of work and associated compensation within the budget constraints set for the Project. Change orders in excess of the budgeted amount must be signed and approved by the Board of County Commissioners. 2.2 Contractor’s representative is Bart Ewing. 2.3 Neither Owner’s nor Contractor’s representative shall be changed with less than ten (10) days prior written notice to the other party. ARTICLE 3 - CONTRACT TIME 3.1 The Work will be Substantially Complete on or before August 31, 2020. Final Completion in accordance with the Contract Documents shall occur on or before September 30, 2020. 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 Completion in accordance with the Contract Documents 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 two hundred fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for completion until the Work is Substantially Complete. If the liquidated damages set forth herein are determined to be invalid or unenforceable for any reason, Owner reserves the right to seek and recover actual, consequential, special damages which arise or are the result of Contractor’s failure to achieve Substantial Completion on or prior to the date set forth in the Contract Documents. ARTICLE 4 - CONTRACT PRICE 4.1 Owner shall pay Contractor, for Contractor’s performance of the Work under the Contract Documents, including contingencies, an amount not to exceed Three Hundred DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eleven Thousand Seven Hundred Forty Seven Dollars and Sixty One Cents; ($311,747. 61) “Contract Price” or “Guaranteed Maximum Price” or “GMP”). Any project savings, below the Guaranteed Maximum Price, resulting from bidding of subcontractors and other costs of the work shall accrue to the County. 4.2 Notwithstanding anything in the Contract Documents to the contrary, the Contract Price includes, without limitation, the entire amount of overhead and profit payable to Contractor in connection with the Work under the Contractor Documents. Contractor shall not have the right to, nor shall it seek to recover, any additional compensation for overhead or profit. The quantities associated with unit prices may be adjusted as set forth in the Contract Documents subject to the not to exceed Contract Price. In no event shall the unit prices set forth in Contractor’s Proposal 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 C.R.S. § 24-91-103.6, 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 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. 5.5 Progress payments and retained funds shall occur in compliance with the General Conditions attached hereto and C.R.S. § 24-91-103. 5.6 In taking action on Contractor’s Applications for Payment, Owner shall be entitled to rely on the accuracy and completeness of the information furnished by Contractor and shall not be deemed to represent that (i) Owner has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) Owner has made exhaustive or continuous on-site inspections of the Work; or (iii) Owner has made examination to ascertain how or for what purposes Contractor has used amounts previously paid on the Contract Price. 5.7 FINAL PAYMENT: Upon final completion and acceptance in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten days prior to such final payment by publication of notice thereof at least twice in a public newspaper of general circulation published in Eagle County, and the Board of County Commissioners sitting as the as sole member of Owner has held a public hearing thereon and complied with C.R.S. § 38-26-107. Final payment shall be made in accordance with the requirements of the aforesaid statute. Owner shall make a final settlement in accordance with C.R.S. § 38-26-107 within sixty days after the contract is completed satisfactorily and finally accepted by Owner. 5.8 Owner may withhold payments due to Contractor, to such an extent as may be necessary to protect Owner from loss, because of defective work or material not remedied or the failure of Contractor to carry out the Work in accordance with this Agreement. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 5.9 Contractor acknowledges and agrees that payment shall be made in accordance with C.R.S. §§ 24-91-103 and 38-26-107 and hereby waives it right to lien the property. Contractor shall include the language of this paragraph 5.9 in any subcontracts for the Project. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions, and federal, state, and local laws, ordinances, rules and regulations that in any manner may affect cost, progress, or performance of the Work. 6.2 Contractor has made, or caused to be made, examinations, investigations, and tests and studies of such reports and related data as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports, or similar data are, or will be required by Contractor for such purposes. 6.3 Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.4 Contractor has given Owner written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by Owner is acceptable to Contractor. 6.5 In performing the Work under this Agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay federal and state income tax on moneys earned. The personnel employed by the Contractor are not and shall not become employees, agents or servants of the Owner because of the performance of any Work by this Agreement. 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 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 including the Contractor’s certificate of insurance. 7.2 Contractor's Proposal Form attached as Exhibit A. 7.3 Proposal Documents including Instructions to Proposers, if any is attached as Exhibit B. 7.4 General Conditions (Pages 1 to 34, inclusive) attached as Exhibit C. 7.5 Construction Plan Set, Project Special Provisions, Supplementary Information documents listed a.-b. listed in the proposal documents and Basic Requirements for the Project, including any addendum thereto, attached as Exhibit D. 7.6 Proposal Schedule Descriptions (See Section C of Exhibit A). 7.7 Addenda as Exhibit E. 7.8 Performance and Payment Bonds. 7.9 Notice of Award and, if any, Notice to Proceed. 7.10 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ARTICLE 9 - SUBCONTRACTS AND OTHER AGREEMENTS 9.1 Those portions of the Work that Contractor does not customarily perform with Contractor’s own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a “Subcontract” and collectively “Subcontracts”). 9.2 All Subcontracts shall conform to provisions of this Agreement. Owner shall have the right to review and approve each form of Subcontract. By an appropriate written agreement, Contractor shall require the subcontractor to the extent of the Work to be performed by the subcontractor, to be bound to Contractor by the terms of the Contract Documents and to assume toward Contractor all the obligation and responsibility which Contractor, by these Documents, assumes towards Owner. Said agreement shall preserve and protect the rights of Owner under the Contract Documents with respect to the Work to be performed by the subcontractor so that the subcontracting thereof will not prejudice such rights. Contractor shall require each subcontractor to enter into similar agreements with its subcontractors. Contractor shall make available to each proposed subcontractor, prior to the execution of the subcontract, the Contract Documents to which the subcontractor will be bound by this paragraph 9.2. Each subcontractor shall similarly make copies of such Contract Documents available to its subcontractors. Owner shall have the right to review and approve each form of Subcontract. 9.3 Contractor shall be responsible to Owner for the acts and omissions of its agents, employees, suppliers, subcontractors performing Work under a contract with Contractor and such subcontractors’ lower-tier subcontractors, agents and employees. 9.4 Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and Owner. ARTICLE 10 - MISCELLANEOUS 10.1 No assignment by a party hereto of any rights under, or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.2 Owner and Contractor each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.3 Intentionally Omitted. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 10.4 Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, if applicable. 10.5 This Agreement shall be governed by the laws of the State of Colorado. Jurisdiction and venue of any suit, right, or cause of action arising under, or in connection with this Agreement shall be exclusive in District Court for Eagle County, Colorado. 10.6 This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 10.7 Any notice and all written communications required under this Agreement shall be deemed properly delivered when (i) personally delivered, (ii) mailed in the United States mails, first class postage prepaid, (iii) delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Owner: Eagle County c/o Eagle County Project Management Department Attn: Kevin Sharkey 3289 Cooley Mesa Road Post Office Box 1070 Gypsum, CO 81637 kevin.sharkey@eaglecounty.us (970) 328-3523 Contractor: Ewing Trucking & Construction Bart Ewing P.O. Box 2303 28 2nd Street Edwards, CO 81632 bart@ewingtrucking.com (970) 926-2770 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 10.8 PROHIBITIONS ON GOVERNMENT CONTRACTS: As used in this Section 10, 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 these statutory provisions as they relate to undocumented individuals. 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 Contract. A. Contractor shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: https://www.uscis.gov/e-verify C. Contractor shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If Contractor obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (i) Notify the subcontractor and the Owner within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (ii) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (D) the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority established in C.R.S. § 8-17.5-102(5). F. If Contractor violates these prohibitions, the Owner may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, the Contractor shall be liable for actual and consequential damages to the Owner as required by law. G. The Owner will notify the office of the Colorado Secretary of State if Contractor violates this provision of this Contract and the Owner terminates the Contract for such breach. 10.9 Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents, and all such accounting and control systems shall be satisfactory to Owner. Owner and Owner’s accountants shall be afforded access to, and shall be permitted to audit and copy Contractor’s records, books, correspondence, instructions, drawings, receipts, Subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents and Contractor shall preserve these documents for a period of not less than three (3) years after final payment, or for such longer period as may be required by law. 10.10 Any indemnity, warranty or guaranty given by Contractor to Owner under the Contract Documents shall survive the expiration or termination of the Contract Documents and shall be binding upon Contractor until any action thereunder is barred by the applicable statute of limitations or as otherwise expressly provided on the Contract Documents. 10.11 The signatories to this Agreement aver to their knowledge, no employee of the Owner has any personal or beneficial interest whatsoever in the Work or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Work and Contractor should not employ any person having such known interests. 10.12 In the event a change order or amendment to the Contract Documents is agreed to by the parties, the same shall be in writing and executed by both parties. The Eagle County Facilities Director, Rick Ullom, or his designee, shall be authorized to sign change orders increasing the scope of work and associated compensation within the budget constraints set for the Project. Change orders in excess of the budgeted amount must be approved by the Board of County Commissioners with additional funding appropriation allocated to the Project. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 5/19/2020 PROPOSAL FOR: BRUSH CREEK TRAILHEAD PARKING DECEMBER 18, 2019 EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 TABLE OF CONTENTS A. General Project Approach B. Summary of Firm & Project Team Experience 1. Organization Charts 2. Resumes 3. Civil Project Experience a) Eagle Valley Trail Town of Eagle to Horn Ranch b) Sylvan State Park Bear Gulch Bridge c) Brush Creek Bridge Replacement d) US Hwy 6 lake Creek Bridge Replacement e) Horse Creek Boat Ramp 4. Familiarity with Location & Type of Project 5. Self-Performed Scope of Work C. Scheduling D. Practices & Procedures E. Legal Issues F. Completed GC Bid Proposal G. Bonding Ability and Insurance Coverage EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SECTION A. GENERAL APPROACH EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 GENERAL APPROACH TO THE PROJECT Ewing Trucking & Construction plans to approach this project with enthusiasm and careful planning. As soon as the project is awarded, we would be available to begin work as soon as the weather permits in the spring. We are confident we have the manpower, equipment and skillset to complete this project quickly with no complications. Ewing Trucking would begin the project by clearing, removal of existing fence and existing vegetation as well as installing erosion control devices and vehicle tracking pads. Using the approved construction access points, we would then begin to excavate for the bridge abutments on either side of the creek. As bridge abutments are being cast in place, we will be construction the access road and parking lot. We anticipate finishing the aggregate base course on the parking lot prior to the bridge being set. Asphalt, fencing and revegetation will be the final phase of the project. Bart Ewing is the owner and manager of Ewing Trucking & Construction; his role will be to work with the owners and engineers to problem solve any issues that arise. He will research alternative solutions and the viability of that option. During the construction phase of the project, he will be responsible for project scheduling, overall project coordinating, and quality control. Trent Eichler is the lead estimator and project supervisor. He has been with Ewing Trucking for the past 12 years and has worked in the construction industry of Eagle County for nearly 42 years. During the construction phase, Trent will coordinate with any subcontractors, communicate with the owners, and support the crew any way he can. Mason Ewing has worked in the construction industry in Eagle County for 17 years. During the construction phase, Mason will be onsite daily as a project manager. He will line out the crew and work alongside them, ensuring quality work throughout. He will communicate daily with Bart, Trent and the Owners. Overall, if selected, Ewing Trucking & Construction will approach this project with full force to complete the project online and the owner’s satisfaction. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SECTION B. SUMMARY OF FIRM & PROJECT TEAM EXPERIENCE EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 PERSONNEL ORGANIZATION CHART CONSTRUCTION PHASE Bart Ewing (Manager) Trent Eichler (Estimator/Project Supervisor) Subcontractor Organization Owner Correspondence Mason Ewing (Project Manager) Onsite Performance Quality Control Owner Correspondence Mary Kate Ewing (Partner) Payroll Subcontrator Administator Acct Payable/Acct Recievable Katie Jean Ewing (Administative Assistant) Quantity Tracking Pay Request Submittals Owner Correspondence Project Scheduling Quality Control EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BART EWING Manager Personal Statement I have been involved in construction for the past 42 years. I have worked on projects of all sizes and have learned something new on each one. For the past 14 years, I have primarily been on the administrative side of the game. Reviewing and bidding as many as 30 projects each year has taught me how to quickly read the plans and envision how the project will come together. To varying degrees, field changes happen often and I work effectively and efficiently with the owner to solve the problem and allow the project to continue on course. Relevant Experience Eagle Valley Trail TOE to Horn Ranch; ECO Trail & Open Space, 2017-19 Construction of 7.5 miles of recreation trail from Eagle to Horn Ranch, including installation of a pedestrian bridge over the Eagle River and trailhead parking at junction with US Hwy 6. Eagle Valley Trail Beaver Creek to Stonebridge; Town of Avon & CDOT, 2016 Construct 3000 feet of new bike path between the Eagle River and Hwy 6, included multiple retaining walls, hand rails, and lights Brush Creek Replacement Bridge, Ralph Wadsworth Construction, 2015 Replacement of CDOT US Hwy 6 bridge over Brush Creek in Eagle CO. Horse Creek Boat Ramp; Eagle County Open Space, 2013 Construction of a 100 feet concrete boat ramp was installed along the Colorado River for recreational use, included new parking lot and restroom facilities Safety Trainings 10 Hour OSHA Certification MSHA Training Registered Underground Fire Line Contractor Individual Sewage Disposal License DOT Drug and Alcohol Program Manager Safety Committee Coordinator References Bill Simmons Dave Berg Beaver Creek Metro Bachelor Gulch Metro (970) 748-9174 (970) 390 3708 P.O. Box 2303 28 2nd Street Edwards, CO 81632 Office: (970) 926-2770 Cell: (970) 390-3708 EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 TRENT EICHLER Estimator/Project Supervisor Personal Statement I have spent 42 years in the construction industry in western Colorado and have worked on projects of all sizes from the construction of I-70 in the Glenwood Canyon, to parking structures, to commercial buildings, to residential homes. I work with a project from the preliminary estimating, through construction, to the final cleanup. Because I am familiar with the all aspects of the industry, I am able to offer quality suggestions to owners on the best approach to a project. Relevant Experience Eagle Valley Trail TOE to Horn Ranch; ECO Trail & Open Space, 2017-19 Construction of 7.5 miles of recreation trail from Eagle to Horn Ranch, including installation of a pedestrian bridge over the Eagle River and trailhead parking at junction with US Hwy 6. Eagle Valley High School Addition; Haselden Construction, 2017 Demolition of portions of school and construction of new foundation for building expansion; new parking lots and new water, sewer and shallow utility lines Sylvan Lake State Park Bear Gulch Bridge, 2013 Install new pedestrian bridge over Bear Gulch and align with existing trail; install storage and lavatory buildings Freedom Park Parking Lot; Elam Construction, 2014 Regrading of the 2 acre parking lot for asphalt paving, including curb and gutter, parking islands, and site lighting Safety Trainings 10 Hour OSHA Certification MSHA Training Trench Shoring Certification CPR/1st Aid Certification References Chad Salli Jeff Townsend Town of Vail Resort Concepts (970) 479-2169 (970) 390-3738 P.O. Box 2303 28 2nd Street Edwards, CO 81632 Office: (970) 926-2770 Cell: (970) 904-6430 EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 MASON EWING Projects Manager Education Bachelor of Science, Construction Management Colorado State University, Fort Collins, Colorado Personal Statement I have been working in the construction industry for 17 years and have been around it all my life. The combination of my knowledge from CSU and my time at Ewing Trucking & Construction has given me the ability to evaluate any job and execute those plans in the field. I feel confident in my ability to overcome any complication that arises in the field by working with the owners and engineers, and offering my own suggestions. I have been a project manager on jobs of all sizes, leading several crews doing different tasks. Relevant Experience Eagle Valley Trail TOE to Horn Ranch; ECO Trail & Open Space, 2017-19 Construction of 7.5 miles of recreation trail from Eagle to Horn Ranch, including installation of a pedestrian bridge over the Eagle River and trailhead parking at junction with US Hwy 6. Eagle Valley Trail Beaver Creek to Stonebridge; Town of Avon & CDOT, 2016 Construct 3000 feet of new bike path between the Eagle River and Hwy 6, included multiple retaining walls, hand rails, and lights Lake Creek Bridge Replacement; Hamilton Construction, 2016 Replacement of highway bridge over Lake Creek CDOT US Hwy 6 MM 164. Horse Creek Boat Ramp; Eagle County Open Space, 2013 Install new 100 feet concrete boat ramp was installed along the Colorado River for recreational use, included new parking lot and restroom facilities Safety Trainings 10 Hour OSHA Certification MSHA Training Trench Shoring Certification Safety Committee Member References Robert Salazar Bryon McGinnis Town of Gypsum Town of Eagle (970) 524-3124 (970) 328-6678 P.O. Box 2303 28 2nd Street Edwards, CO 81632 Office: (970) 926-2770 Cell: (970) 904-6427 EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 EAGLE VALLEY TRAIL TOWN OF EAGLE TO HORN RANCH Date: Summer 2017 – Spring 2019 Project Cost: $6,809,150.00 Owner Contact: Eagle County Govt. Kevin Sharkey PO Box 975 Project Engineer Avon, CO 81620 (970) 328-3523 Scope of Work: This project involved the extension of the recreational path an additional 7.5 miles, from the Town of Eagle past the Horn Ranch Open Space connecting back to US Hwy 6 near mile marker 157. In order to build this new section of path, we had to construct several large block retaining walls in various locations. Several large culverts and headwalls were installed to allow drainage of the I-70 corridor. The project included 2 bridges, the first being a 150-foot-long bridge across the protected wetlands. The second, larger, bridge was constructed over the Eagle River, spanning a distance of 208 feet to connect the trail back to Hwy 6. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SYLVAN LAKE STATE PARK BEAR GULCH BRIDGE Date: Summer 2013 Project Cost: $75,757.00 Owner Contact: Colo Park & Wildlife Chris Roeder 1313 Sherman St Project Engineer Denver, CO 80203 (303)297-1192 Scope of Work: This project included the improvement of an existing parking lot and facilities to the Bear Gulch hiking trail for the Sylvan Lake State Park. There was significant improvements made to the creek around the bridge abutments. The new bridge was placed allowing new pedestrian access across Brush Creek. The job was completed in a short timeframe and disturbed minimal surrounding vegetation. This project took 2 weeks to complete. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BRUSH CREEK BRIDGE REPLACEMENT Date: Summer 2015 Project Cost: $1,228,500.00 Owner Contact: Colorado Department of Transportation Karen Berdoulay 4201 East Arkansas Ave (970) 328-9934 Denver, CO 80222 karen.berdoulay@state.co.us Prime Contractor: Ralph L. Wadsworth Construction Co., LLC Nathan Calloway 166 East 14000 South, Suite 200 (801) 553-1661 Draper, UT 84020 ncallaway@wadsco.com Scope of Work: In the summer of 2015, Ewing Trucking & Construction was instrumental in the earthwork of the bridge replacement project on Hwy 6 west of Eagle, Colorado. 15,000 yards of material was hauled in to create a temporary detour bridge. A new concrete box culvert was installed on Hockett Gulch and drainage ditches were improved. The existing bridge was removed and replaced with a longer and wider bridge. The detour bridge and temporary roadway was then removed. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 LAKE CREEK BRIDGE Date: Summer 2016 Project Cost: $555,000.00 Owner Contact: Hamilton Construction Jorden Marks 5350 DTC Pkwy (720) 552 7965 Greenwood Village, CO 80111 jmarks@hamil.com Engineer: Hamilton Construction, Inc. Jorden Marks 5350 DTC Pkwy (720) 552 7965 Greenwood Village, CO 80111 Scope of Work: This project involved the construction of a temporary bridge to allow unimpeded traffic on US Hwy 6 in Edwards, Colorado during the project. The existing CDOT bridge across Lake Creek was removed and replaced with a wider, stronger bridge. Once traffic was directed back to the original route the temporary bridge was removed, restored to previous conditions and reveged. This bridge replacement was completed with little disturbance to the heavy traffic flow on US Hwy 6 and with no negative environmental impacts. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 HORSE CREEK BOAT RAMP Date: Summer 2013 Project Cost: $246,000.00 Owner Contact: Eagle County Government Rick Ullom PO Box 850 (970) 328-8780 Eagle, CO 81631 rick.ullom@eaglecounty.us (970) 328-8600 Scope of Work: This project involved the installation of a new recreational boat ramp along the Colorado River at the Horse Creek River Access. The improvements included a 100-foot concrete boat ramp, new parking lot, and handicap accessible restroom facilities. In order to create a workable area in the Colorado River, a coffer dam was put in place, and a floating turbidity curtain was strung around the worksite perimeter. The river was too deep for a standard coffer dam so thick steel plates were placed upright and backfilled from the inside to form the border. To create the dry conditions necessary for the subgrade prep and concrete pour, inside the coffer dam needed to be dewatered by pumps running 24 hours a day for three weeks. The discharge water was released to an area with a separate floating turbidity curtain and oil boom before returning to the Colorado River. The site proved to be challenging due to the access being restricted by an active overhead Railroad track. Extreme care had to be taken to ensure that mobilization of the large equipment did not damage the bridge. In addition, there was no cell phone reception onsite. This required the communication between all members of the team to be clear at the beginning of the day to allow work to continue uninterrupted. After we began excavation of the boat ramp it was apparent that the soils were unsuitable to support the boat ramp. We worked with the engineers to re- design the foundation for the ramp. Due to Ewing Trucking & Construction having the ability and knowledge to problem solve the situation, the project was able to move forward on schedule. With our value engineering we were able to keep the costs of the change in the project to a minimum. th EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 FAMILIARITY WITH LOCATION & TYPE OF PROJECT Ewing Trucking & Construction has operated in Eagle County for the past 38 years. We are familiar with the territory as well as the local agencies. The past three years we have successfully worked with the ECO Trails and Open Space to complete the trail from the Town of Eagle to 3 miles passed Horn Ranch. We are very familiar with the practices and expectations of ECO Trails. Over the years, we have worked closely with CDOT. Three projects of importance were; Brush Creek Bridge Replacement, Lake Creek Bridge Replacement, and the Eagle Valley Trail Beaver Creek to Stonebridge. With these projects, we became familiar with the construction conditions, codes and practices of CDOT. These projects ran smoothly and finished on time with no complications. Throughout our 38 years, we have worked with nearly every municipal organization in Eagle County. We have strong professional relationships with Vail Resorts, Beaver Creek Metro, Bachelor Gulch Metro, Eagle River Water & Sanitation District, Cordillera Metro, as well as many others. Projects with these entities have ranged from small emergency repairs to full water/sewer line replacements to new site developments. We are familiar with and adhere to all industry standards as well as specific job provisions. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SELF-PERFORMED SCOPE OF WORK Ewing Trucking & Construction plans to self-perform 85% of this project. We will perform the following scope of work: • Demolition of Existing Fences • Drainage Control and Maintenance • Clearing & Grubbing • Earthwork • Aggregate Base Course • Fence Installation The only work we do not plan on performing is the concrete, asphalt, and revegetation. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SECTION C. SCHEDULING & CRITICAL PATH METHOD EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Note: This page has been edited by Eagle County. The project was delayed by Eagle County at no fault of the Contractor. The construction agreement has been updated to allow for more time to complete the project. Substantial Completion is August 31, 2020, and Final Completion is now September 30, 2020. Scheduling DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SECTION D. PRACTICES & PROCEDURES EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 PRACTICES & PROCEDURES Ewing Trucking & Construction’s management approach is largely based on customer satisfaction. It is important to Ewing Trucking that the customer is not only satisfied with the end result, but also satisfied with us throughout the project. We take great pride in our work and we want our customers to be proud to have us onsite. We keep a clean and organized worksite, free of debris and trash. Even an untrained eye should be able to drive past the construction site and notice that it is being run by professionals. Ewing Trucking understands that safety is of the utmost importance and is taken seriously by all member of our team. Safety has been a core value and a part of our company from the beginning. We hold weekly safety meetings to discuss general safety issues, job specific concerns, and proper PPE. Safety is everyone’s responsibility, and we could not have the clean safety record we do without the diligent attention of all crewmembers onsite. Providing a safe work environment is a priority and adherence to safety policies is a condition of employment. Ewing Trucking & Construction LLC is proud to have been awarded the prestigious Circle of Safety Award from Pinnacol Assurance for the past 7 years. We have also been awarded the Cost Containment Certificate from the State of Colorado since 2009. In July 2014 Ewing Trucking & Construction was awarded the Employer Safety Award from the Colorado Department of Labor and Employment. We were honored to be one of only six Colorado companies to receive this acknowledgment. Ewing Trucking & Construction LLC has an NCCI Experience Modification rating of .74, which is one of the best possible ratings in the industry. Ewing Trucking & Construction has numerous policies that outline our safety practices and expectations in the field and at our shop. We also have a Zero Tolerance drug and alcohol policy with pre-employment and random drug testing. Ewing Trucking & Construction strives to provide a safe work environment for its employees by providing them with the tools and knowledge to complete their job. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SECTION E. LEGAL ISSUES EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 LEGAL ISSUES Ewing Trucking & Construction LLC is not currently, nor in the past 5 years, been involved in any Federal, State, or local lawsuits of any kind. In addition, no member of the team is involved in any lawsuit currently, or in the past 5 years. To the best of our knowledge, there are no potential claims or liabilities pending against Ewing Trucking & Construction LLC or any member. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SECTION F. COMPLETED GC BID PROPOSAL EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 SECTION G. BONDING ABILITY & INSURANCE COVERAGE EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 1 ADENDUM #1 BRUSH CREEK VALLEY RANCH OPEN SPACE TRAILHEAD IMPROVEMENTS PROJECT December 5, 2019 Proposal responses shall acknowledge receipt of this Addendum. Failure to do so may render the Proposal non-responsive. The following changes, additions, or deletions shall be made to the Proposal Documents and Construction Plan Set as indicated, and all other conditions shall remain the same. General Clarifications and Answers to Submitted Questions 1) Please note the Plans have been updated and there is a new Bid Schedule. Both are attached to this Addendum. For your proposal, please refer to the Bid Set – Addendum 1 dated December 2019, and submit the new Bid Schedule dated 4-Dec-19. 2) The combination of the .87’ elevation change and the 6” camber require results in a deck slope that exceeds 5%. As a result, since this bridge does not have a graspable handrail shown, it would not be ADA compliant. Can the camber be reduced to ensure a deck slope of less than 5%? The proposed trail is a soft surface trail and the short section of the bridge (approx. 10’) where the grade exceeds 5% is acceptable to the County. 3) The notes on sheet 11 appear to indicate that the bridge designer is responsible for designing the connection of the 4” conduit to the bridge. This is not a typical requirement and the type of pipe support or strap is normally determined by the engineer of record for the project, not the bridge designer. Can SGM provide this information? The bridge designer shall be the Engineer of Record for the prefabricated bridge structure. It is anticipated that the conduit will be installed by the bridge fabricator prior to the timber decking and the bridge designer will be responsible for determining the connection detail that works best for their bridge design and fabrication requirements. 4) What is the maximum distance that 4” rigid sch 40 PVC can span in this environment and application? This will be determined by the bridge designer. 5) Can you please confirm the H-10 (10 ton) vehicle requirement? Per AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges, bridges with a clear width of 7’-10’ shall only need to be designed for an H-5 (5 ton) vehicle. Eagle County requires that the bridge be designed for the H-10 vehicle. 6) Does any snow load need to be considered in the design of this bridge? If so, can it be evaluated separate from the live/vehicle loads? Snow load does not need to be considered separately or in addition to the 90 psf pedestrian live load. Project Management Department Phone: (970) 328-8880 FAX: (970) 328-8899 Eagle County P.O. Box 850 500 Broadway Eagle, CO 81631 EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 2 7) Can the end treatment railing be designed to be bolted or field welded onto the bridge? Bolted connections are preferable. If field welding is required it shall be performed by a certified welder per the details provided in the bridge shop drawings. Field welding will not be paid for separately but shall be included in the work. 8) Does the railing on the end treatment need to be in line with the bridge railing? It is preferable that it lines up, to the extent practical. 9) Would Eagle County accept a liquid anti strip in lieu of Hydrated Lime? Yes 10) Would Zycotherm be acceptable in lieu of lime? Yes 11) Erosion Control Supervisor (ECS): Can the Superintendent be this person as per specifications 208.03 (C) state otherwise. Yes 12) Payment of ECS: The pay method for this item is a Day. Does this mean the ECS has to be full time? What if the ECS spends 2 hours on site every other day? Is payment a full day per site visit? If employee other than Supt. is the ECS, does every day he/she is on site, does this count as an ECS Day? Payment for the ECS will be by the DAY for duties performed in the role of ECS as approved by the County; including, regular 2-week stormwater inspections and inspections following runoff events as required by the Stormwater Management Plan. 13) Please explain Earthwork quantities table on page 3 in relationship to pay items. Contractor will be paid for Embankment 800 cy; Stockpile Topsoil 100 cy, (stripping existing); and Topsoil (Import) 213 cy. 14) Are you stripping 413 cy of topsoil and placing 313cy (Topsoil) which leaves 100cy (Stockpile Topsoil) to be left on-site? Bid plans have been clarified. Stockpile Topsoil 100 cy, (stripping existing); and Topsoil (Import) 213 cy; Place Topsoil 313 cy. 15) Table shows Unclassified excavation @ 750 cy with embankment quantity of 1550cy. Therefore, is this an import project? Yes 16) Can all excavated soils in excess of topsoil be used for embankment? Yes, Plans and Geotechnical Investigation have assumed on-site soils, less topsoil, can be used as Embankment. 17) Per Topsoil 207.02 Topsoil shall be free of “rocks”. Do existing soils have to be screened and if so, to what size? Rocks larger than 4” will need to be removed from the Topsoil. 18) Bid Item Rip Rap UOM-Each? Should it be CY? Yes, See revised Bid Schedule 19) Can Contractor cross the stream since project has 404 permit? Can we take down the Silt Fence when crossing and working in the stream? The 404 permit does not include EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 3 stream crossing. Access to the east side of the creek from Brush Creek Road is available approximately ¼ mile north of the site. 20) Would it be possible to attain a burn permit from Eagle County to burn brush and trees from clear and grubbing site? Yes, a burn permit may be acquired from Eagle County by the Contractor. Burn piles must be less than 10 ft x 10 ft, no more than 75 burn piles total, and at least 75 feet away from Brush Creek. 21) Are there project signs not shown on the page 5-site plan? What size is “No motorized vehicle sign”? Otherwise, please check posts and sign bid quantities. All signs are shown on the Plans. The “No motorized vehicle sign” is an ECO Trail standard (3 sf). Sign quantity revised on Bid Schedule 36 sf. 22) The Soils report mentions soft spots subgrade. How are these areas to be paid since there are no muck excavation and replacement bid item for unsuitable soils? Also what areas is the bid item “Geotextile (Separator)(Cl 1) to be placed since this quantity is not the whole site and quantity includes area under riprap. A Subgrade Stabilization item has been added for payment of soft spot repair. Geotextile quantity includes only area beneath Rip-Rap. 23) On page 10- Detail of 10’ Trail shows 4” of class 6. The typical gravel section below states 8” of class 6. Please confirm 4” is correct. The 8” of Class 6 ABC includes 4” of Class 6 ABC and 4” of Class 6 ABC (special). The Special Class 6 will be Crusher Fines as defined in the PSP. 24) Does the Electrical conduit at the bridge need expansion joints when entering and existing the bridge abutments? Do they need to be strap to the stringer beams? This aspect should be part of the bridge design and will be reviewed following Award through the submittal process. 25) Does the bridge have expansion joints? The general notes state the material to meet AASHTO Specifications N213. If required, please provide a detail. This will be determined by the bridge designer, and will be reviewed following Award through the submittal process. 26) Please provide seed mix and soil conditioning requirements? Is Biosol required for soil conditioning? Please see added plan sheet #10 27) Is Eagle County going to offer a 5% locales incentive like Garfield County does? It's not an official policy, but we aren't required to take the lowest bidder. We also consider previous experience working with contractors and other factors as outlined in Section V of the RFP. As an example, bids within 5% of each other would make us consider other factors listed in Section V such as local knowledge and experience. EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4 Responses to questions from the Pre-Bid meeting 11/21/19 28) Per General Notes, Plan Sheet #12, Dewatering is incidental to the Work. 29) Timber decking should meet requirements of PSP 628. The determination of width will be by the bridge designer and will be reviewed following Award through the submittal process. Typical width on similar projects has been 8”-12”. 30) Eagle County will provide a materials testing consultant. 31) In regard to section Permits 6.17, which reads; Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. CONTRACTOR shall obtain and pay for Eagle County 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 Proposals. 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. a. Owner will pay for all Eagle County licenses and Permits b. Owner has obtained and paid for USACE NWP 14 Permit c. Contractor shall obtain and pay for CDPHE Construction Stormwater Permit d. Contractor will be required to obtain and pay for any other Permits required for the Work. 32) Bridge supplier must meet the requirements of PSP 628 33) For the removal of the manhole identified on the Plans, the Contractor shall assume excavation to a depth of at least 3 ft, removal of steel or concrete barrel section at joint or by cutting, and either backfill of remaining manhole, or placement of steel or concrete lid that could be backfilled in the event the existing manhole is extraordinarily deep. 34) The County will remove potentially hazardous materials (tires, plastic barrels) from the existing site prior to commencing construction. 35) Bid Schedule has been revised to include and clarify the following items a. Subgrade Stabilization 600 sy added b. Topsoil (Import) 213 cy clarified c. Geotextile 130 sy clarified d. Fence Combination Wire w/ Treated Wood Posts 870 lf added e. Sign Panel (Class 1) 36 sf clarified f. F/A Minor Contract Revisions value of $20,000 included EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 1 ADDENDUM #2, LAST ADDENDUM BRUSH CREEK VALLEY RANCH OPEN SPACE TRAILHEAD IMPROVEMENTS PROJECT December 11, 2019 Proposal responses shall acknowledge receipt of this Addendum. Failure to do so may render the Proposal non-responsive. The following changes, additions, or deletions shall be made to the Proposal Documents and Construction Plan Set as indicated, and all other conditions shall remain the same. General Clarifications and Answers to Submitted Questions 1) The Seeding was reduced to .6 Acres. Is the total site footprint 1 acre or greater which would require a stormwater permit? The Seeding area hasn’t changed, I expanded the decimal point. The total site footprint hasn’t changed and should be assumed to be > 1 ac including potential contractor staging area. A stormwater permit should be required. 2) The previous addendum mentioned substitutes for hydrated lime. Is there a requirement to use hydrated lime? If so, where? Is it anticipated that hydrated lime or approved equivalent will be needed? Hydrated lime is a CDOT requirement for HMA, we are using CDOT specifications. Approved Bridge Suppliers The following bridge suppliers are hereby added to the approved bridge supplier list: 1. SMI & Hydraulics Contact: David Schrunk, P.E. V.P. of Engineering & Operations D 507.296.4551 x 240 C 507.829.8835 www.smihyd.com david.schrunk@smihyd.com 2. Bridge Brothers Contact: Aaron Gentilucci main: : 866.258.3401 cell: 540.266.8473 fax: 404.937.6199 w: www.bridgebrothers.com agentilucci@bridgebrothersinc.com Project Management Department Phone: (970) 328-8880 FAX: (970) 328-8899 Eagle County P.O. Box 850 500 Broadway Eagle, CO 81631 EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 8055 East Tufts Avenue, Suite 1000 Denver, CO 80237 | 303.824.6600 760 Horizon Drive, Suite 302 Grand Junction, CO 81506 | 970.248.8300 moodyins.com July 17, 2019 To Whom It May Concern Re: Ewing Trucking and Construction, LLC Surety Bonding Capacity The principals of Ewing Trucking and Construction, LLC have been a surety client of the Moody Insurance Agency since 1995. Nationwide Mutual Insurance Company will provide surety bonds with a single job capacity of $7,500,000 and aggregate bond limit of $10,000,000. Due to the long relationship with the principals, Nationwide Mutual Insurance Company will consider higher value contracts on a case by case basis when requested by our customer. The surety will underwrite each contract for specific details related to the contract, work to be performed, current financial condition and other underwriting considerations. This letter should not be construed as a formal commitment to provide bonds at this time. I recommend you give full consideration to this excellent contractor and I am available to answer any questions regarding Ewing Trucking and Construction, LLC. Sincerely, James Lummis, CIC, ARM Partner EXHIBIT ADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 1 REQUEST FOR PROPOSALS CONSTRUCTION SERVICES BRUSH CREEK VALLEY RANCH AND OPEN SPACE TRAILHEAD IMPROVEMENTS PROJECT Issued Tuesday, November 5, 2019 SEALED PROPOSALS DUE 2:00 p.m. local time, Wednesday, December 18, 2019 BIDS TO BE SENT OR DELIVERED TO: EAGLE COUNTY GOVERNMENT Kevin Sharkey, P.E., ECO Trails Program Manager 3289 Cooley Mesa Road (delivery) P.O. Box 1070 (U.S. mail) Gypsum, CO 81637 (970) 328-3523 kevin.sharkey@eaglecounty.us EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 2 REQUEST FOR PROPOSALS CONSTRUCTION SERVICES BRUSH CREEK VALLEY RANCH AND OPEN SPACE TRAILHEAD IMPROVEMENTS PROJECT Issued Tuesday November 5, 2019 PROPOSAL DOCUMENTS INDEX I.Objective of the Request II.Project Summary III.Project Schedule IV. General Instructions V.Selection Criteria VI. Special Instructions VII. Insurance and Bonding Requirements VIII. Proposal Form IX. Bid Form X.Sample Contract XI. General Conditions XII. Project Special Provisions XIII. Supplementary Information a.Geotechnical Report, Brush Creek Valley Trail & Bridge dated October 23, 2019, Job #19-3668 by Ground Engineering. b.U.S. Army Corps of Engineers Nationwide Permit Trailhead NWP 14 Application & Pre-Construction Notice, September 23, 2019 by SGM (This document will be available at or before the pre-bid meeting) c.Wetland Delineation Report, included in b. d.Cultural Resource Survey, included in b XIV.Drawings [“Bid Plan Set”] Brush Creek Trailhead Improvements October 14, 2019 by SGM EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 3 I. OBJECTIVE OF THE REQUEST The objective of the request is to select a highly-qualified General Contractor (“GC”) firm to provide construction services for the construction of improvements at the Brush Creek Valley Ranch and Open Space property as defined in the following sections. EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 4 II. PROJECT SUMMARY The Project purpose is to construct all components of proposed improvements at the Brush Creek Valley Ranch and Open Space (“BCVROS”) property including parking lot and access driveway grading, crusher fine trail, and the installation of a 44-foot long pedestrian bridge over the Brush Creek. The parking lot and access road will generally be on previously disturbed areas, will contain some fill including class 6 road base. The trail typical is ten feet wide (10’) and un-paved with four inches (4”) of crusher fine over four inches (4”) of Class 6 Aggregate Base Course as defined in the Contract Documents. (Contract Documents is defined in Article 7 of the Construction Agreement). The bridge is a pre-fabricated steel truss. Work includes bridge procurement, delivery and installation according to the plans and specifications contained herein. Construction is expected to begin in the spring of 2020, and be completed by May 15, 2020. The general contractor will work with Eagle County to complete the Project in a reasonable amount of time. Actual construction schedule will depend on weather, permit restrictions, ground conditions, value engineering, schedule phasing efficiency, and other factors. Funding will not restrict the schedule. Eagle County will manage the construction contract. There are no U.S. Federal Government nor Colorado Department of Transportation funds for the Project; therefore Davis-Bacon, DBE and other requirements customary to said funding will not apply to this work. The Project is funded by Eagle County. This publicly owned Project is tax-exempt. EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 5 III. PROJECT SCHEDULE Proposal Due: 2:00 p.m., local time, December 18, 2019. The final Project schedule is not certain at this time; however, it is Eagle County’s (hereinafter the “Owner” or “County”) intent to select the construction firm by December 31, 2019. It is anticipated that Work (defined in the Construction Agreement) will commence in the spring before runoff, and all components will be completed and ready for Owner occupancy by May 15, 2019. (Substantial Completion), and Final Completion by May 24, 2019. EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 6 IV. GENERAL INSTRUCTIONS 1. Proposals will be received via hand delivery, UPS, FedEx or DHL at the Eagle County Project Management Office, attention Kevin Sharkey, Trails Manager, 3289 Cooley Mesa Road Gypsum, CO 81637 or via U.S. Mail to the ECO Trails Office, attention Kevin Sharkey, Trails Manager, P.O. Box 1070, Gypsum, CO 81631 until 2:00 p.m., local time, December 18, 2019. No telephone, email or facsimile proposals will be accepted. Any proposal received after this time will be considered non-responsive and returned unopened. Proposals will be evaluated only from those firms that meet the minimum criteria as set forth in the complete Request for Proposals document. 2. Any question, interpretation or clarification regarding this Request for Proposals (“RFP”) is required no later than 5:00 p.m. December 6, 2019. Responses, if any, will be issued by addenda posted to http://www.eaglecounty.us not later than 5:00p.m. December 11, 2019. All questions regarding this RFP or these instructions must be emailed to Kevin Sharkey at kevin.sharkey@eaglecounty.us No additional questions will be accepted after the date and time referenced above unless good cause is shown as determined by Eagle County in its sole discretion. Oral interpretations shall be of no force and effect. 3. A mandatory pre-proposal meeting for all general contractors who wish to submit proposals will take place on Thursday, November 21, 2019 at 1:00 p.m. local time at the Eagle County Building in the Garden Level class room, at 500 Broadway, Eagle, CO 81631. The meeting will include a field visit to the Project site. Failure to attend will result in Proposal disqualification. 4. Examination of Contract Documents and Site a. Before submitting a Proposal, each respondent shall (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that in any manner affect cost, progress or performance of the Work; (c) become familiar with federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate the Bidder’s observations with the Contract Documents. b. Access to the site is open by appointment only so that the County may unlock the gate. This can be arranged by contacting Kevin Sharkey (970) 328-3523 or kevin.sharkey@eaglecounty.us; Phil Kirkman (970) 328-8701 or phillip.kirkman@eaglecounty.us; or Peter Suneson (970) 328-8637 or peter.sunseon@eaglecounty.us. c. The submission of a proposal shall constitute an incontrovertible representation by the respondent of compliance with every requirement of the proposal documents EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 7 (see the index for the complete list of proposal documents), and that the proposal documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. Please provide two (2) hard copies and one Thumb Drive containing a PDF version of your proposal. Please include the name, address, and phone number of the firm’s submitting project personnel. 6. Eagle County reserves the right, in its sole discretion, to reject any and all proposals submitted in response to this RFP, and to waive or not waive informalities or irregularities in statements received, or RFP procedures. Eagle County also reserves the right to re-advertise, or to otherwise provide the services as determined by Eagle County to be in its best interest. Eagle County may also choose to disregard all proposals and issue another RFP. 7. Eagle County may, at its sole discretion, modify or amend any and all provisions of these instructions or the RFP or the Contract Documents. If it becomes necessary to revise any part of the instructions, RFP or Contract Documents, addenda will be provided through posting at http://www.eaglecounty.us. Eagle County reserves the right to extend the RFP submittal date or to postpone selection of the most qualified respondent(s). 8. Respondents are encouraged to clearly identify any proprietary or confidential data or information submitted in response to this RFP. Regardless of whether or not so marked, Eagle County will endeavor to keep that information confidential, separate and apart from the statement of qualification. Notwithstanding the foregoing, respondent acknowledges that Eagle County may be required to release the information in accordance with state statute or order of the court. 9. Eagle County will not pay for any information requested herein, nor is it liable for any costs incurred by the respondent in connection with its response to this RFP. 10. No telephone or oral proposals will be accepted. 11. Proposals must be clearly identified on the front of the envelope by RFP title. Responsibility for timely submittal of proposals lies solely with the respondent. Proposals received after the closing time specified will be considered non-responsive and will be returned unopened. 12. Complete sets of proposal documents (see index for a complete list) shall be used for preparing proposals. Eagle County assumes no responsibility for errors or misinterpretations resulting from the use of incomplete sets of documents. Eagle County makes these documents available for the purpose of obtaining proposals and does not confer a license or grant for any other use. EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 8 13. Respondent(s) who submit a proposal are responsible for becoming fully informed regarding all circumstances, information, laws and any other matters that might, in any way, affect the respondent’s role and responsibilities. Any failure to become fully knowledgeable shall be at the respondent’s sole risk. Eagle County assumes no responsibility for any interpretations made by respondents on the basis of information provided in this RFP or through any other source. 14. All Respondents must complete and include with their proposals the following: a. Narrative Explaining General Approach to the Project b. Summary of Firm and Project Team Experience c. Discussion of Project Schedule and Budget Constraints d. Summary of Practices and Procedures e. Disclosure of Legal Issues f. Completed GC Bid Proposal Form g. Proof of Ability to Secure Required Bonding and Insurance Coverage 15. All proposals will be reviewed by Eagle County and any other review as determined to be necessary. Respondents may be asked to supplement their initial proposal with additional written material. Eagle County may short list respondents based upon an evaluation of the written submittals. Eagle County may request in-person interviews with respondents prior to determining a short list and/or request a detailed presentation. The respondents achieving the highest scores on the decision matrix may be selected as the successful respondent but Eagle County reserves to select the respondent with the proposal that Eagle County considers to be in its best interests, even if not the lowest cost proposal. Eagle County will not supply the decision matrix forms to respondents. 16. Following evaluation of the proposals received by Eagle County in response to the RFP, the successful respondent will be given the first right to negotiate an agreement acceptable to Eagle County. In the event that an agreement satisfactory to Eagle County cannot be reached, Eagle County may enter into negotiations with one or more of the remaining respondents. The successful respondent shall commence work only after execution of an acceptable agreement and approval of insurance certificates and notice to proceed given by Eagle County. 17. This RFP is not intended to completely define the process for the ultimate selection of the successful respondent or the contractual relationship to be entered into with the successful respondent. EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 9 V. SELECTION CRITERIA Respondents shall address each of the evaluation criteria listed below. The relative importance of each criterion is identified on a scale of 1 to 4, with 4 being of the highest importance. These criteria are not listed in any order of evaluation priority and are a non-exhaustive list. Eagle County may seek additional information or perform further investigations as it deems necessary. Evaluation Criteria Relative Importance (1 to 4) a. Narrative Explaining General Approach to the Project 2 b. Summary of Firm and Project Team Experience 4 c. Discussion of Project Schedule and Budget Constraints 3 d. Summary of Practices and Procedures 2 e. Disclosure of Legal Issues 3 f. Completed GC Bid Proposal Form 3 g. Proof of Ability to Secure Required Bonding and Insurance Coverage. 2 EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 10 VI. SPECIAL INSTRUCTIONS Respondents shall address each of the evaluation criteria as described herein. A. Narrative Explaining General Approach to the Project: Provide a narrative or other form to explain your firm’s intended approach to the overall Project. Identify who will be directly involved with the Project and how much time each person will be available to meet with the Project team. Describe the roles of each member of your proposed team. Relative Importance 2. B. Summary of Firm and Project Team Experience: Each firm will be evaluated based on its overall experience providing construction services for public construction projects, experience with construction practices and procedures with Eagle County, Federal and State Government Agencies, stream and mountain environments. Relative Importance 4. Evaluation of experience will include the following: 1. Provide an organization chart graphically indicating how your firm would staff and structure the proposed team (both in the field and in the office) during the Construction phases. 2. Resumes of the proposed members of the project management team who will be committed to the Project, for construction services. Resumes must include a description of the person’s qualifications, past experience with similar projects, and specific examples of projects they have undertaken that demonstrate their qualifications. 3. The firm’s experience in the preconstruction and construction process of civil projects. Provide specific examples of similar or larger projects and all applicable contact information, including owner, architect, engineer or other parties. 4. Provide a narrative describing your firm’s familiarity with Eagle County and civil road and trail type projects with local agencies and CDOT construction conditions, codes and practices. 5. Provide a list of the trades that you propose to perform with your own forces on this Project. C. Schedule and Budget Constraints: Identify your firm’s ability to undertake and complete the Project in a timely manner. Relative Importance 3. EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 11 D. Practices and Procedures: Describe your firm’s construction project management approach; quality control and assurance procedures; safety record and program; and any other pertinent factors as deemed appropriate for a project of this scope. Relative Importance 2. E. Legal Issues: Are any lawsuits; Federal, State, or Local tax liens; or any potential claims or liabilities pending against your firm, your team members, or the officers of the team firms at this time? If yes, please explain. Please disclose any and all claims in the past 5 years. Relative Importance 3. F. Completed GC Bid Proposal Form: Respondents are instructed to complete all items for the Bid. For details of each Bid Item see Section xx Section for Summary of work bid items. G. Proof of Ability to Secure Required Bonding and Insurance Coverage: Please provide proof of your ability to provide the required bonding and insurance coverage. EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 12 VII. INSURANCE AND BONDING REQUIREMENTS All insurance and bonding requirements are set forth in Article 5 of the General Conditions. EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Page 13 VIII. PROPOSAL FORM THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL TO: Eagle County ECO Trails P.O. Box 1070 289 Cooley Mesa Road Gypsum, CO 81637 The undersigned, having examined the proposal documents identified in the index and the Contract Documents identified in Article 7 of the Construction Agreement and any and all documents related to the above referenced Request for Proposals: (a) Has visited the site for the Project and having full knowledge of the conditions under which the Work must be performed, hereby proposes to enter into a Construction Agreement to perform such Work as set forth in the Contract Documents, of which this Proposal forms a part; and agrees to perform the Work and will furnish all required labor and materials and pay all incidental costs associated with such Work; (b) Agrees to comply with all conditions, requirements, and instructions of the Request for Proposals as stated or implied therein; (c) Acknowledges the right of Eagle County in its sole discretion to reject any or all proposals submitted, and that an award may be made even though not the lowest cost or a short list of respondents may be identified; (d) Acknowledges and agrees that the discretion of Eagle County in selection of the successful respondents shall be final, not subject to review or attack; and (e) Acknowledges that its proposal is made with full knowledge of the foregoing and full agreement thereto. By submission of its proposal, and signature below, the respondent acknowledges that he has the authority to sign this Proposal Submittal Form and bind the company named below. The respondent further acknowledges that Eagle County has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents, and authorizes release to Eagle County of any and all information sought in such inquiry or investigation. Company Name: _______________________________________ Title of Respondent: _______________________________________ Signature of Respondent: _______________________________________ EXHIBIT BDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 XI 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 and review of Proposals 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: Applications for payment must be made on AIA G702 and G703 in written or electronic form. The form accepted by OWNER 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. BONDS: 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 to be signed by both Owner and Contractor. COLORADO LABOR: means as provided in C.R.S. 8-17-101 et. seq. 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. CONTINGENCY: means the set percentage, or stipulated sum, of the construction contract amount budgeted for unforeseen conditions or emergencies. Any expenditure of Contingency must be expressly approved in writing by OWNER. 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. COST: means the total cost of labor, materials, provisions, supplies, fees, tests, expenses, equipment rentals, equipment purchases, insurance, supervision, engineering, clerical and accounting services, the value of the use of equipment and reasonable estimates of other administrative costs which may be reasonably apportioned to this Project to complete in accordance with this Contract. DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 2 DEFECTIVE: An adjective which, when modifying the word “Work,” refers to Work that is unsatisfactory, faulty or deficient, or does not meet the requirements of any inspection, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER’S recommendation of final payment or prior to the guarantee period under paragraph 13.12 or prior to the expiration of any applicable statute of limitations. DRAWINGS: Graphic and pictorial 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 ENIGINEER 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. FINAL COMPLETION: Means (a) the Work has passed all applicable inspections and Contractor has obtained all required approvals, permits, certificates and sign-offs from the appropriate agencies, including governmental authorities and utilities, (b) all Work, including all punch list Work, has been completed to Owner’s satisfaction, as evidenced by a written approval notice to Contractor from Owner’s Authorized Representative and (c) Contractor has delivered to Owner the as-built Plans, and other documentation required and cleaned the Site. GUARANTEED MAXIMUM PRICE: means that maximum amount for which the Work will be accomplished. 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 Proposer with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. NOTICE TO PROCEED: A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run, and on which CONTRACTOR shall start to perform his obligations under the Contract Documents. OWNER: Eagle County. OWNER’S REPRESENTATIVE: The Owner’s Representative is the Eagle County Project Management Department and Kevin Sharkey or her designee. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 3 PROJECT: The “Brush Creek Valley Ranch and Open Space Trailhead Improvements Project”. The total construction of which the Work to be provided under the Contract Documents may be the whole or a part, as indicated elsewhere in the Contract Documents. PROPOSAL: The offer or proposal of the Proposer submitted on the prescribed form setting forth the prices for the Work to be performed. SHOP DRAWINGS: All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by CONTRACTOR, a Subcontractor, manufacturer, fabricator, supplier, or distributor to illustrate some portion of the work, and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a manufacturer, fabricator, supplier, or distributor and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. SPECIFICATIONS: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. SUBSTANTIAL COMPLETION: The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER with concurrence of OWNER 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 a Temporary Certificate of Occupancy is issued by the Building Permit Official or 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 two (2) 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: 2.3 The Contract Time will commence upon issuance of a Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the effective date of the Agreement. STARTING THE PROJECT: 2.4 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done at the site prior to the date on which the Contract Time. commences to run. BEFORE STARTING CONSTRUCTION: 2.5 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER and OWNER any conflict, error, or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, or discrepancy in the Drawings or Specifications, unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 2.6 Within ten days after the effective date of the Agreement (unless otherwise specified in the Contract Documents) CONTRACTOR shall submit to ENGINEER and OWNER for review and acceptance an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, a preliminary schedule of shop drawings submissions, and a preliminary schedule of values of the Work. 2.7 Before any Work at the site is started, CONTRACTOR shall deliver to OWNER, with a copy to ENGINEER, certificates of insurance (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Article 5 hereof. PRE-CONSTRUCTION CONFERENCE: 2.8 Within twenty days after the effective date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference will be held for review and acceptance of the schedules referred to in paragraph 2.6, to establish procedures for handling shop drawings and other submittals, and for processing applications for payment, and to establish a working understanding among the parties as to the Work. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT AND REUSE INTENT: 3.1 The Contract Documents comprise the entire agreement between OWNER and CONTRACTOR concerning the Work. They may be altered only by a Modification. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall report it to ENGINEER and OWNER in writing at once and before proceeding with the Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflicts, error, or discrepancy DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 5 in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. 3.3 The Contract documents include those documents set forth in Article 7 of the Agreement. 3.4 It is the intent of the Specifications and Drawings to describe a complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well- known technical or trade meaning are used to describe work, materials, or equipment, such words shall be interpreted in accordance with such meaning. References to codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, or code in effect at the time of opening of Proposals (or on the effective date of the agreement if there were no Proposals), 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 with concurrence of OWNER as provided for in paragraph 9.3. 3.5 The Contract Documents will be governed by the law of the place of the Project. REUSE OF DOCUMENTS: 3.6 Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project, or any other project, without written consent of OWNER and ENGINEER, and specific written verification or adaptation by ENGINEER. ARTICLE 4 – AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Intentionally Omitted. 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 6 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 of Colorado, 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 the state of Colorado, 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 7 5.3.1 Claims under Worker’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; and 5.3.4 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. Worker’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 $2,000,000 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 8 5.3.6 CONTRACTOR’S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work under the Agreement performed for the CONTRACTOR by Subcontractors. 5.3.7 Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. 5.3.8 Comprehensive Automobile Insurance covering any auto (including owned, hired and non-owned autos) shall be carried with a minimum limit of $1,000,000.00 each accident combined single limit. All liability and property damage insurance required hereunder shall be Comprehensive General and Automobile Bodily Injury and Property Damage form of policy. 5.3.9 Employer’s Liability Insurance covering all of CONTRACTOR’s and any Subcontractor’s employees acting within the course and scope of their employment. 5.3.10 The CONTRACTOR shall in addition, and in the amounts required under the above, obtain Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the OWNER with respect to all operations under the Agreement by the CONTRACTOR or his Subcontractors, including omissions and supervisory acts by the OWNER. 5.4 Comprehensive Risk Policy Option: In lieu of the several policies specified for CONTRACTOR’S Liability Insurance, a comprehensive liability and property damage insurance policy inclusive of all the insurance and requirements hereinafter set forth, with an umbrella covering of $2,000,000, subject to the approval of the OWNER, will be permissible. 5.5 Subcontractor’s Insurance: Before permitting any of his Subcontractors to perform any Work under this Agreement, CONTRACTOR shall either (a) require each of his Subcontractors to procure and maintain during the life of his Subcontracts, Subcontractor’s Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to his Work, which type and amounts shall be subject to the approval of the OWNER, or (b) insure the activities of his Subcontractors in his own policy. 5.6 Builder’s Risk Insurance: 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 9 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 payment covering the original Work. 5.7 CONTRACTOR’S pollution liability insurance: CONTRACTOR shall purchase and maintain a policy covering third-party injury and property damage claims, including clean-up costs, as a result of pollution conditions arising from CONTRACTOR’S operations and completed operations. This insurance shall be maintained for no less than three years after final completion. 5.8 Certificates of Insurance: Certificates of Insurance acceptable to the OWNER shall be provided to the OWNER for attachment to the Agreement. These Certificates shall contain provisions naming the OWNER as an additional insured under all 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 days prior written notice has been given the OWNER. CONTRACTOR and his Subcontractors shall not permit any of his Subcontractors to start Work until all required insurance has been obtained and certificates with the proper endorsements have been filed with the OWNER. Failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the OWNER’S rights hereunder. 5.9 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. 5.10 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. 5.11 Coverage required of CONTRACTOR and any of its Subcontractors shall be primary over any insurance or self-insurance program carried by OWNER. 5.12 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 Owner, its members, managers, agencies, institutions, organizations, officers, agents, employees and volunteers. 5.13 OWNER shall be named as additional insured on the Commercial General Liability, Automobile Liability Insurance and Completed Operations Liability Insurance policies. 5.14 CONTRACTOR shall insert a clause containing the terms of section 5.3 and all its subparts in all contracts or sub-contracts, and all Subcontractors shall purchase and maintain the insurance on the terms and conditions as set forth herein. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 10 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 responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR’S representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. 6.2.1 CONTRACTOR shall maintain and deliver to OWNER a daily job report of Work performed, notable events and incidents, weather conditions, Subcontractor’s performance, any deficiencies (and the corrective actions taken), delays, and other information that OWNER may reasonably request. 6.2.2 CONTRACTOR will participate in meetings with OWNER at a specific date, time and place established by OWNER, and to deliver all attending parties current reports on the following items: progress payment requests; requests for information-current log; change requests- current log; submittals- current log; change orders- current list; claims- pending claims, notices of claims and any plans to file claims, if applicable, project progress report, job problems and quality control review. LABOR, MATERIALS AND EQUIPMENT: 6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work, and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons, or the Work, or property at the site or adjacent thereto, and except as otherwise indicated in the supplementary conditions, if any, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER’S written consent given after prior written notice to ENGINEER. 6.4 Colorado labor shall be employed to perform the Work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the Project. “Colorado labor” means any person who is a resident of the State of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 6.5 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 11 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 consistent with section 1.51 of the Basic Requirements. 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 to 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 12 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 13 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 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. CONTRACTOR shall obtain and pay for Eagle County 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 Proposals. 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. OWNER of this Project is Tax Exempt. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 14 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. 6.24 CONTRACTOR shall perform the Work so as not to interfere with or disrupt the business operations of any adjacent businesses. 6.25 Intentionally Omitted. 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 c. Assurance that all 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 15 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 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 and OWNER prompt written notice of any significant changes in the Work, or deviations from the Contract Documents caused thereby. SHOP DRAWINGS AND SAMPLES: 6.31 After checking and verifying all field measurements, CONTRACTOR shall submit to ENGINEER for review and approval, in accordance with the accepted schedule of Shop Drawing submissions, five copies of all shop drawings, which shall have been checked by, and stamped DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 16 with the approval of, CONTRACTOR, and identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and like information to enable ENGINEER to review the information as required. 6.32 CONTRACTOR shall also submit to ENGINEER 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. 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 as to Shop Drawing and ENGINEER and OWNER as to samples 6.36 ENGINEER'S review and approval of Shop Drawings or ENGINEER’S and OWNER’S review and approval samples shall not relieve CONTRACTOR from responsibility for any deviations from the Contract Documents unless CONTRACTOR has, in writing, called ENGINEER'S and /or 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 17 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 any and all claims, damages, liabilities, losses, cleanup or damages derived from pollutants, 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. Nothing in the contract shall be interpreted that the OWNER waives its sovereign immunity granted under Colorado Governmental Immunity Act if applicable 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 compensation acts, disability benefit acts, or other employee benefit acts. 6.40 The obligations of CONTRACTOR under paragraph 6.38 shall not extend to the liability of ENGINEER, his agents, or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications. ARTICLE 7 – WORK BY OTHERS 7.1 OWNER may perform additional Work related to the Project by himself, or have additional work performed by utility service companies, or let other direct contracts therefore which shall contain general conditions similar to these. CONTRACTOR shall afford the utility service companies and the other contractors who are parties to such direct contracts (or OWNER, if OWNER is performing the additional work with OWNER'S employees) reasonable opportunity for the introduction and storage of materials and equipment, and the execution of work, and shall properly connect and coordinate his work with theirs. 7.2 If any part of CONTRACTOR'S Work depends, for proper execution or results, upon the Work of any such other contractor or utility service company (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER and OWNER in writing any patent or apparent defects or deficiencies in such Work that render it unsuitable for such proper execution and results. CONTRACTOR'S failure to so report shall 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 OWNER and the others whose work will be affected. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 18 7.4 If the performance of additional work by other contractors or utility service companies or OWNER was not noted in the Contract Documents, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves additional expense to CONTRACTOR, or requires an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Articles 11 and 12. ARTICLE 8 – OWNER’S RESPONSIBILITIES 8.1 OWNER shall issue communications to CONTRACTOR or 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 The duties and responsibilities and the limitations of authority of ENGINEER as an OWNER'S representative during construction are set forth in the Contract Documents, and shall not be extended without written consent of OWNER and ENGINEER. Notwithstanding anything to the contrary herein, in all instances in the Contract Documents where ENGINEER has the authority to make decisions concerning quality of and acceptance of the Work performed by CONTRACTOR the ENGINEER shall first discuss such decision and proposed acceptance with OWNER and obtain its approval prior to communicating with the CONTRACTOR. Further, in all instances in the Contract Documents where ENGINEER has the authority to make a decision that impacts the Project budget or Contract Price or payment to the CONTRACTOR, then ENGINEER shall first discuss the payment or costs with OWNER and obtain its approval prior to approving any payment, additive or deductive Work. This paragraph is not intended as and shall not be a waiver of ENGINEER’S responsibility for oversight of the Work. VISITS TO SITE: 9.2 ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations, as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work, and will endeavor to guard OWNER against defects and deficiencies in the Work. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 19 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 and OWNER 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 6.37 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 Intentionally Omitted. DECISIONS ON DISAGREEMENTS: 9.9 ENGINEER will be the initial interpreter of the requirements of the Contract Documents concerning 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 and OWNER will together render in writing within a reasonable time. The final decision concerning any claim, dispute or other matter relating to acceptability of the Work or interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the Work shall be OWNER’s. 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 20 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 CONT RACTOR 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 written change orders. Upon receipt of a change order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any change order causes an increase or decrease in the Contract Price, or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party. 10.2 ENGINEER with approval of OWNER may authorize minor changes in the Work, not involving an adjustment in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. These may be accomplished by a field order, and shall be binding on OWNER, and also on CONTRACTOR who shall perform the change promptly. If CONTRACTOR believes that a field order justifies an increase in the Contract Price or Contract Time, CONTRACTOR may make a claim therefore as provided in Article 11 or Article 12. 10.3 Additional Work performed without authorization of a change order will not entitle CONTRACTOR to an increase in the Contract Price, or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.30, and except as provided in paragraph 13.9. 10.4 OWNER may execute appropriate change orders prepared by ENGINEER covering changes in the Work which are required by OWNER, or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or as provided in paragraphs 11.10 or 11.11. 10.5 Intentionally Omitted. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 21 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 seven 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) plus a Contractor’s Fee for overhead and profit as provided in paragraph 11.7. 11.4.4 Regardless of method for determining the value of any Work covered by a change order, the CONTRACTOR shall provide OWNER with written documentation concerning the claim, including but not limited to the specific reasons for the claim. 11.5 The term “Cost of the Work” means the sum of any and all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality for 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 on-site 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 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 22 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 OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.5.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR, and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work, the Subcontractor’s Cost of the Work plus a fee 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 Deposits lost for causes other than CONTRACTOR'S negligence, royalty payments, and fees for permits and licenses. 11.5.4.6 Intentionally Omitted. 11.5.4.7 Intentionally Omitted. 11.5.4.8 Intentionally Omitted. 11.5.4.9 Cost of premiums for additional bonds and insurance required because of changes in the Work. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 23 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, ENGINEER's, ENGINEERs, 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. all of which are considered to be administrative costs covered by the Contractor’s Fee. 11.6.2 Expenses of CONTRACTOR'S principal and branch office, other than CONTRACTOR'S office at the site. 11.6.3 Any part of CONTRACTOR'S capital expenses including interest on CONTRACTOR'S capital employed for the Work, and charges against CONTRACTOR for delinquent payments. 11.6.4 Cost of premiums for all bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for additional bonds and insurance required because of changes in the Work). 11.6.5 Costs due to the negligent performance or non-performance of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including, but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 11.6.6 Other overhead or general expense costs of any kind, and the costs of any item not specifically and expressly included in paragraph 11.5. CONTRACTOR’S FEE: 11.7 The Contractor’s Fee allowed to CONTRACTOR for overhead and profit shall be determined as follows: 11.7.1 A mutually acceptable fixed fee as provided in the SUPPLEMENTAL UNIT PRICING for Construction Manager/General Contractor Overhead and Profit Fee. 11.7.2. No fee shall be payable on the basis of costs itemized under paragraphs 11.5.4 and 11.6. 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 and OWNER, an itemized cost breakdown together with supporting data. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 24 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 in writing. 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 seven days of the occurrence of the event giving rise to the claim. Any change in the Contract Time resulting from any such claim shall be incorporated in a change order. 12.2 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of Articles 11 and 12 are CONTRACTOR'S sole remedies for delay by any cause whatsoever, including acts of OWNER. ARTICLE 13 – WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WARRANTY AND GUARANTEE: 13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article 13. Further, CONTRACTOR warrants to OWNER that (i) materials and equipment furnished under the Contract Documents shall be of highest quality and new unless otherwise required or permitted by the Contract Documents; (ii) the Work shall be free from defects and deficiencies; (iii) the Work shall conform to the requirements of the Contract Documents, applicable laws and applicable permits; and (iv) the Work shall be performed in a good and workman like manner. All guarantees and warranties of equipment or materials furnished to CONTRACTOR or any Subcontractor(s) by any manufacturer or supplier shall be for the benefit of OWNER. CONTRACTOR does hereby covenant, warrant and agree that it shall repair or replace any and all of the Work, together with other Work which may be displaced by such repair or replacement, without any cost to OWNER DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 25 for a period of two years following the date of Substantial Completion of the Work. This obligation shall survive both final payment for the Work or designated portion thereof and termination of this Agreement. ACCESS TO WORK: 13.2 OWNER, ENGINEER, ENGINEER'S representatives, other representatives of OWNER, testing agencies, and governmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access. TESTS AND INSPECTIONS: 13.3 CONTRACTOR shall give ENGINEER and OWNER timely notice of readiness of Work for all required inspections, tests or approvals. 13.4 If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested, or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith, and furnish ENGINEER and OWNER the required certificates of inspection, testing, or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWNER'S or ENGINEER'S acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation of the Work. The cost of all other inspections, tests, and approvals required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 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. 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 26 OWNER’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER or OWNER may require, that portion of the Work in question, furnish all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection, and testing of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive change order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction. OWNER MAY STOP THE WORK: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. CORRECTION OR REMOVAL OF DEFECTIVE WORK: 13.11 If required by ENGINEER or OWNER, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER or OWNER, either correct any defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER or OWNER, remove it from the site and replace it with non-defective Work in a manner acceptable to the ENGINEER and OWNER. TWO YEAR CORRECTION PERIOD: 13.12 If, within two years after the date of Substantial Completion, or such longer period of time as may be prescribed by law, or by the terms of any applicable special guarantee required by the Contract Documents, or by any other specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER, and in accordance with OWNER'S written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site, and replace it with non-defective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR. ACCEPTANCE OF DEFECTIVE WORK: 13.13 If, instead of requiring correction or removal and replacement of defective Work, OWNER (and prior to ENGINEER'S recommendation of final payment) prefers to accept it, OWNER may do so. In such case, if acceptance occurs prior to ENGINEER'S recommendation of final payment, a change order shall be issued incorporating the necessary revisions in the Contract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by CONTRACTOR to OWNER. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 27 OWNER MAY CORRECT DEFECTIVE WORK: 13.14 If CONTRACTOR fails, within a reasonable time after written notice of ENGINEER and OWNER, to proceed to correct defective Work, or to remove and replace rejected Work as required by ENGINEER or OWNER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the progress schedule), OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising his rights under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, construction equipment, and machinery at the site, and incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR, but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents, and employees such access to the site as may be necessary to enable OWNER to exercise his rights under this paragraph. All direct and indirect costs of OWNER in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER, and a change order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required, and all costs of repair and replacement of work of ot hers 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 OWNER, as will establish OWNER'S title DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 28 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: DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 29 14.7.1 the work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2 written claims have been made against OWNER, or liens have been filed in connection with the Work, 14.7.3 the Contract Price has been reduced because of Modifications, 14.7.4 OWNER has been required to correct defective Work, or complete the Work in accordance with paragraph 13.14, 14.7.5 of CONTRACTOR'S unsatisfactory prosecution of the Work in accordance with the Contract Documents, or 14.7.6 CONTRACTOR'S failure to make payment to Subcontractors, or for labor, materials, or equipment. SUBSTANTIAL COMPLETION: 14.8 When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall, in writing to OWNER and ENGINEER, certify that the entire Work is substantially complete, and request that ENGINEER issue a certificate of substantial completion. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER after conferring with OWNER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving his reasons therefor. If ENGINEER after conferring with OWNER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of substantial completion which shall fix the date of substantial completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will, within fourteen days after submission of the tentative certificate to OWNER, notify CONTRACTOR in writing stating his reasons therefor. If, after consideration of 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, OWNER and CONTRACTOR will mutually agree upon the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, and insurance. 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 30 PARTIAL UTILIZATION: 14.10 Use by OWNER of completed portions of the Work may be accomplished prior to substantial completion of all the Work subject to the following: 14.10.1 OWNER, at any time, may request CONTRACTOR in writing to permit OWNER to use any part of the Work which OWNER believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete, and request ENGINEER to issue a certificate of substantial completion for that part of the Work. Within a reasonable time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER after conferring with OWNER considers that part of the Work to be substantially complete, ENGINEER will execute, and deliver to OWNER and CONTRACTOR, a certificate to that effect, fixing the date of substantial completion as to that part of the Work, attaching thereto a tentative list of items to be completed or corrected before final payment. Prior to issuing a certificate of substantial completion as to part of the Work, ENGINEER after conferring with OWNER will deliver to OWNER and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, and insurance for that part of the Work which shall become binding upon OWNER and CONTRACTOR at the time of issuing the definitive certificate of substantial completion as to that part of the Work, unless OWNER and CONTRACTOR shall have otherwise agreed in writing. OWNER shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10.2 In lieu of the issuance of a certificate of substantial completion as to part of the work, OWNER may take over operation of a facility constituting part of the Work, whether or not it is substantially complete, if such facility is functionally and separately usable; provided that prior to any such takeover, OWNER and CONTRACTOR have agreed as to the division of responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, correction period, heat, utilities, and insurance with respect to such facility. 14.10.3 No occupancy of part of the Work, or taking over of operations of a facility will be accomplished before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. FINAL INSPECTION: 14.11 Upon written notice from CONTRACTOR that the Work is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR, and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 31 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, warranties, certificates of inspection, marked-up record documents, three (3) complete bound sets of required operations and maintenance manuals and instructions, two (2) sets of as built drawings, to the extent not already furnished, one (1) copy of all corrected Shop Drawings, satisfactory evidence that all payroll, material bills and other indebtedness with the Work have been paid or otherwise satisfied, consent of surety to final payment and other documents, all as required by the Contract Documents, and after ENGINEER and OWNER 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 and OWNER may reasonably require. Payment shall be processed in accordance with C.R.S. §§ 24-91-103 and 38-26-107. Notwithstanding the foregoing, CONTRACTOR will provide complete and legally effective lien releases or waivers satisfactory to OWNER. In lieu thereof, and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material, and equipment for which lien could be filed, and that all payrolls, material, and equipment bills, and other indebtedness connected with the Work, for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier, or distributor fails to furnish a release or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to indemnify OWNER. FINAL COMPLETION AND 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 and OWNER are 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 32 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 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, DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 33 15.2.7 if CONTRACTOR disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction, 15.2.8 if CONTRACTOR disregards the authority of ENGINEER, or 15.2.9 if CONTRACTOR otherwise violates, in any substantial way, any provisions of the Contract Documents, OWNER may, after giving CONTRACTOR and his surety seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site, and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment, and machinery at the site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site, or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be verified by ENGINEER and incorporated in a change order, but in finishing the Work, OWNER shall not be required to obtain the lowest figure for the Work performed. 15.3 Where CONTRACTOR'S services have been so terminated by OWNER, the termination shall not affect any rights of OWNER against CONTRACTOR then existing, or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4 Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and expenses sustained through the date of termination. CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER, or under an order of court or other public authority, or ENGINEER fails to act on any application for payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed through the date of termination. 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 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 34 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. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4.22.20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4/24/20 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Title:Bridge AbutmentDetailsRevision#Dwg No.Brush Creek Trailhead Parking Eagle County, ColoradoJob No.Drawn by:Date:File:PE:QC:2019-298.001CWG10.14.2019DJCB04AbutMDF118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Date By: For ConstructionProject Milestone:13 13Of :500 BroadwayEagle, Colorado81631-0850Telephone:970-328-35604/24/20DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 1 EAGLE COUNTY OPEN SPACE PROJECT SPECIAL PROVISIONS BRUSH CREEK TRAILHEAD The Colorado Department of Transportation (CDOT) 2019 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Date Page Index Page (Oct. 24, 2019) 1 Revision of Section 104 – Maintaining Traffic (Oct. 24, 2019) 2 Revision of Section 202 – Removal of Structures & Obstructions (Oct. 24, 2019) 3 Revision of Section 203 – Excavation and Embankment (Oct. 24, 2019) 4 Revision of Section 208 – Erosion Control (Oct. 24, 2019) 5 Revision of Section 304 – Aggregate Base Course (Oct. 24, 2019) 6 Revision of Section 401 – Plant Mix Pavements-General (Oct. 24, 2019) 7 Revision of Section 403 – Hot Mix Asphalt (Oct. 24, 2019) 8-10 Revision of Section 506 – Rip Rap (Oct. 24, 2019) 11 Revision of Section 603 – Culverts (Oct. 24, 2019) 12 Revision of Section 614 – Ground Signs (Oct. 24, 2019) 13 Revision of Section 628 – Bridge and Girder Deck Unit (Oct. 24, 2019) 14-18 Revision of Section 703 – Aggregates (Oct. 24, 2019) 19 Fire Protection Plan (Oct. 24, 2019) 20 Special Construction Requirements (Oct. 24, 2019) 21 Traffic Control Plan – General (Oct. 24, 2019) 22 XII. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 2 REVISION OF SECTION 104 MAINTAINING TRAFFIC Section 104 of the Supplemental Specifications is hereby revised for this project as follows: Subsection 104.04 shall include the following: 104.04 Maintaining Traffic Traffic delays and interruptions by the Contractor will only be allowed as described in Traffic Control Plan - General - Construction Operations. Unauthorized delays or traffic interruptions will be considered a violation of this provision and shall be subject to price reductions as described in Revision of Section 105 - Control of work. Delays or impacts to the Contractor due to the requirements of this provision or the Traffic Control Plan – General, shall not be a basis for an extension of time or additional compensation, or both. Any denial or revocation of prior approval for traffic-handling requests shall not be the basis for any claim for additional time or compensation. Prior to the award of the contract, the Contractor shall provide the required preconstruction information, contained in Section 630 – Construction Traffic Control, pertaining to the initial MHT, Traffic Control Plan, and TCS and Flagger certifications to the Engineer. If this information is not provided in timely manner it may cause the delay in award and notice to proceed for the contract. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the Traffic Control (Special) bid item. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 3 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection of 202.12 shall include the following: Removal of all existing items not specifically listed in Bid Schedule shall be considered part of the pay item for Clearing and Grubbing, and no additional payment shall be made. Those items include, but are not limited to existing abutments, manhole, pvc riser. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 4 1 REVISION OF SECTION 203 EXCAVATION AND EMBANKMENT Section 203 of the Standard Specifications and Supplemental Specifications is hereby revised for this project as follows: Subsection 203.04 shall include the following: The County has obtained permits from the U.S. Army Corps of Engineers (404) for work in and near waterways. The Contractor shall prevent and avoid the release of organic and non-organic pollutants into the Brush Creek during the construction of the project. The Contractor shall mitigate all impacts which his/her construction activities may have on this waterway. The Contractor shall be responsible for all sanctions and monetary assessments against the County due to the Contractor’s failure to fulfill these requirements. If the Contractor’s planned method of completing the work fails to perform the intended function, the Engineer will suspend operations which are impacting the waterways. The Contractor shall immediately clean up any spilled materials to the satisfaction of the Engineer. The Engineer will allow the Contractor’s operations to resume when revised Working Drawings detailing the contractors proposed corrections have been submitted. If the Contractor’s planned method of completing the work fails to perform the intended function, the Engineer will determine whether the Contractor was performing the operation in conformance with the working drawings and whether the failure was due to neglect or substandard design or workmanship on the part of the Contractor. Based on this determination the Engineer will assign to the appropriate parties any costs associated with changes to the Contractor’s operations or containment system and any costs for cleanup or remediation of damages. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 5 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.01, add: Contractor shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment (CDPHE) and shall meet all permit requirements until permanent erosion control measures are in place. Engineer has developed a Storm Water Management Plan (SWMP) which is included in the plans. Contractor shall construct, install, maintain, and remove, when required, erosion control measures during the life of the Contract to prevent or minimize erosion, sedimentation, and pollution of any state waters as defined in subsection 107.25, including wetlands. For the duration of the project and the Storm Water Discharge Permit, Contractor will be responsible for the implementation and evolution of the SWMP. Modifications to the SWMP due to Contractors methods and means shall be prepared by Contractor and submitted to Engineer for review. These modifications will not be measured or paid for separately and should be included in Contractors bid. In subsection 208.03(c), add: Contractor shall assign to the project an employee to serve in the capacity of the Erosion Control Supervisor (ECS). Delete subsection 208.11 and replace with the following: Obtaining a CDPHE Storm Water Discharge permit; performing work to furnish, install, maintain, remove, and dispose of items using Best Management Practices as part of the implementation of the Storm Water Management Plan; preparing and implementing modifications due to Contractors methods and means; any excavation required for removal of accumulated sediment from traps, basins, areas adjacent to erosion logs, and any other clean out excavation of accumulated sediment, and the disposal of such sediment; and all required inspection, documentation, and management shall be included in the work for the designated BMP. No separate measurements will be made for Erosion Control other than the items specified for payment in the Bid Schedule for project erosion control and shall include all necessary work. Contractor shall provide a schedule of placement, construction, maintenance, and removal of items in the SWMP. The Contractor shall be responsible for identifying and implementing all measures to prevent or minimize erosion and sedimentation both during and after construction and all work necessary to implement the Storm Water Management Plan (SWMP). Subsection 208.12 shall include the following: Temporary erosion and pollution control measures required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled, shall be performed at the Contractor's expense. In the case of repeated failures on the part of the Contractor in controlling erosion, sedimentation, and/or water pollution, the Owner reserves the right to employ outside assistance to provide the necessary corrective measures. Such incurred direct costs, plus project engineering costs, will be charged to the Contractor and appropriate deduction will be made from monies due the Contractor. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 6 REVISION OF SECTION 304 AGGREGATE BASE COURSE Section 304 of the Standard Specification is hereby revised for this project as follows: Subsection 304.01 shall include the following: This work also includes furnishing and placing the aggregate for soft surface trail (crusher fine material) on a prepared subgrade. Subsection 304.02 shall include the following: The aggregate used for the soft surface trail (crusher fine material) shall meet the requirements of Project Special Provision 703. Subsection 304.08 shall include the following: The accepted quantities of the aggregate base course used for the soft surface trail (crusher fine material) will be paid for at the contract bid price per ton or per cubic yard, as shown in the bid schedule. Payment will be made under: Pay Item Pay Unit Aggregate Base Course (Class 6) (Special) Ton, Cubic Yard EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 7 REVISION OF SECTION 401 PLANT MIX PAVEMENTS-GENERAL Section 401 of the Standard Specifications is hereby revised for this project as follows: In subsection 401.02 replace (a) Mix Design with: (a) Mix Design. 1. Contractor shall provide a hot mix asphalt design, for each grade of binder, prepared in accordance with Colorado Procedure 52 by an independent laboratory. The job-mix formula for each mixture shall establish a single percentage of aggregate passing each required sieve size, a single percentage of bituminous material to be added to the aggregate, and a single temperature for the mixture at the discharge point of the plant. Certifications of materials compliance shall be included. A Professional Engineer in the State of Colorado shall seal the submitted mix design(s). 2. Aggregate. The proposed job-mix gradation shall be in accordance with Table 703-4 Grading SX. The weight of lime, if used, shall be included in the total weight of the material passing the No. 200 sieve. The restricted zone boundaries given in the Asphalt Institute’s Superpave Series No. 2 (SP-2) Manual, Appendix B are to be used as guidelines in mix design development. However, the job-mix gradation is not required to pass above or below the restricted zone boundaries. For Gradings S, SX, and SG, a percentage of the aggregate retained on the No. 4 sieve shall have at least two mechanically induced fractured faces when tested in accordance with Colorado Procedure 45. This percentage will be specified in Table 403-1. The angularity of the fine aggregate shall be a minimum of 45.0% when determined according to AASHTO T304. Aggregate samples representing each aggregate stockpile shall be non-plastic if the percent of aggregate passing the Number 8 sieve is greater than or equal to 10 percent by weight of the individual aggregate sample. Plasticity will be determined in accordance with AASHTO T 90. The material shall not contain clay balls, vegetable matter, or other deleterious substances. The aggregate for Grading S, SX, and SG shall have a percentage of wear of 45 or less when tested in accordance with AASHTO T 96. 3. Bituminous Material (binder). Asphalt binder for all pavement shall be Performance Grade (PG) 58-28. Provide the name of the refinery supplying the asphalt cement and the source of the anti- stripping additive. 4. Design Gyrations. N (design) equals 75. Contractor to submit a job mix composition meeting this section. Submittal shall include testing results sufficient to show compliance. Testing shall be under the certification of an independent testing laboratory acceptable to the Engineer. The mix design shall have been completed within the preceding 12 months or with a change in source materials whichever is less. 5. The Hot Bituminous Pavement can contain reclaimed material. Each mix design shall be submitted to the project engineer and approved by the Engineer prior to any hot bituminous pavement placement. As part of the approval process, the Engineer may request sufficient materials to verify the submitted mix design. Contractor shall supply these materials at no additional cost to the project. No additional contract time will be given to the contractor for this approval process. Once approval has been given for a project asphalt mix design, no changes will be allowed without approval of those changes by the Engineer and CDOT. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 8 1 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix asphalt shall conform to the following: Table 403-1 Property Test Method Value For Grading SX(75) Patching Air Voids, percent at: N (design) CPL 5115 3.5 – 4.5 3.5-4.5 Lab Compaction (Revolutions): N (design) CPL 5115 75 75 Stability, minimum CPL 5106 28 28 Aggregate Retained on the 4.75 mm (No. 4) Sieve for S, SX and SG, and on the 2.36mm (No. 8) Sieve for ST and SF with at least 2 Mechanically Induced fractured faces, % minimum* CP 45 60 60 Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman), minimum CPL 5109 Method B 80 80 Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) 205 (30) Grade of Asphalt Cement, Top Layer PG 58-28 PG 58-28 Grade of Asphalt Cement, Layers below Top PG 58-28 PG 58-28 Voids in the Mineral Aggregate (VMA) % minimum CP 48 See Table 403-2 See Table 403-2 Voids Filled with Asphalt (VFA), % AI MS-2 65-80 65-80 Dust to Asphalt Ratio Fine Gradation Coarse Gradation CP 50 0.6 – 1.2 0.8 – 1.6 0.6 – 1.2 0.8 – 1.6 Note: AI MS-2 = Asphalt Institute Manual Series 2 Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one-inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of 3/4” to 3/8” are considered a coarse gradation if they pass below the maximum density line at the #8 screen. Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a coarse gradation if they pass below the maximum density line at the #16 screen. *Fractured face requirements for SF may be waived by RME depending on project conditions. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1 Table 403-2 EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 9 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, mm (inches) ***Design Air Voids ** 3.5% 4.0% 4.5% 5.0% 37.5 (1½) 11.6 11.7 11.8 N/A 25.0 (1) 12.6 12.7 12.8 19.0 (¾) 13.6 13.7 13.8 12.5 (½) 14.6 14.7 14.8 9.5 (⅜) 15.6 15.7 15.8 4.75 (No. 4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop and the cause of segregation shall be corrected before paving operations will be allowed to resume. The hot mix asphalt shall not contain any reclaimed asphalt pavement. Hot mix asphalt for patching shall conform to the gradation requirements for Hot Mix Asphalt (Grading SX)(75)(PG 58-28). A minimum of 1 percent hydrated lime by weight of the combined aggregate (or approved equal) shall be added to the aggregate for all hot mix asphalt. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 10 3 REVISION OF SECTION 403 HOT MIX ASPHALT Delete subsection 403.05 and replace with the following: 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the bituminous mixture. Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Grading SX)(75)(PG 58-28) Ton Aggregate, asphalt recycling agent, asphalt cement, additives, hydrated lime, and all other work and materials necessary to complete each hot mix asphalt item will not be paid for separately but shall be included in the unit price bid. When the pay item includes the PG binder grade, any change to the submitted mix design optimum asphalt cement content to establish production targets on the Form 43 will not be measured and paid for separately but shall be included in the work. No additional compensation will be considered or paid for any additional asphalt cement, plant modifications and additional personnel required to produce the HMA as a result in a change to the mix design asphalt cement content. Historically, typical asphalt cement increases reflected on the Form 43 are from 0.1 to 0.5 percent. However, the Contractor should anticipate the AC increases typical of his mixes. Contractors bidding the project should anticipate this change and factor it into their unit price bid. When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately but shall be included in the work. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 11 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised for this project as follows: In subsection 506.05 delete the last paragraph and replace with the following: Excavation for riprap will not be measured separately, but shall be included in the work. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 12 REVISION OF SECTION 603 CULVERTS Section 603 of the Standard Specifications is hereby revised for this project as follows: In subsection 603.13, delete the third paragraph and replace with the following: Structure excavation, structure backfill and bedding for culverts and irrigation piping will not be measured and paid for separately but shall be included in the work. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 13 REVISION OF SECTION 614 GROUND SIGNS Section 614 of the Standard Specifications is hereby revised for this project as follows: In subsection 614.13, delete the fourth paragraph and replace with the following: Ground Signs will be paid for as each installation and shall include concrete footings, sign supports, sign posts, sign panels and all mounting and backing materials. Subsection 614.14. add as follows: Pay Item Pay Unit Ground Sign (Special) Each EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 14 1 REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT Section 628 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 628.01 This work consists of the design, fabrication, and erection of a simple span, welded self- weathering steel, pedestrian truss bridge with timber deck in accordance with the specifications and plan details. Potential bridge suppliers are: 1. Big R Manufacturing LLC 19060 County Road 66 Greeley, Colorado 80631 1-888-339-1684 2. Continental Pedestrian Truss (Contech) 9025 Centre Pointe Drive West Chester, Ohio 45069 1-800-338-1122 3. Steadfast Bridges 4021 Gault Ave. South Fort Payne, Alabama 35967 256-845-0154 4. Excel Bridge Manufacturing Company 12001 Shoemaker Avenue Santa Fe Springs, California 90670 562-944-0701 5. Wheeler Lumber, LLC 9330 James Avenue South Minneapolis, Minnesota 55431 952-929-7854 MATERIALS 628.02 Structural Steel. All structural steel shall be new (unused) material and shall conform to the requirements in Section 509. Floor beams, stringers, and members of each truss (upper and lower chords, diagonals, end posts and vertical posts) utilized in the bridges shall meet a longitudinal Charpy V notch (CVN) values per Table C6.6.2.1-1 of the AASHTO LRFD Bridge Design Specifications for Temperature Zone 2 (typically 25 ft. lbs. at 40 degrees Fahrenheit). Testing shall be in accordance with AASHTO T 243 (ASTM A 673). The H frequency of heat testing shall be used. The Contractor shall provide the Engineer with copies of all certified mill test reports, CVN test reports and heat numbers for all structural steel and bolts. Minimum thickness of closed structural tubular members shall be 1/4 of an inch. All square and rectangular structural steel tubing shall conform to the requirements of ASTM A 847, Cold-Formed Welded and Seamless High Strength, Low Alloy Structural Tubing with Improved Atmospheric Corrosion Resistance. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 15 2 REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT All structural steel shapes and plates shall conform to requirements of ASTM A 588, High-Strength Low- Alloy Structural Steel. All anchor bolts, washers, and nuts shall be galvanized in accordance with the requirements of ASTM A153. Each anchor bolt shall be provided with two nuts for jamming. 628.03 Concrete. When concrete deck is used, concrete shall be Class D (Bridge) unless specified otherwise in the plans. The concrete and reinforcement shall conform to the requirements in Sections 601 and 602 respectively. 628.04 Timber. When timber deck is used, the timber shall conform to the requirements in Section 508. It shall be placed transverse to the trusses and have a minimum nominal thickness of 3 inches. Decking shall be fastened securely to each stringer and at each end to prevent warping. All timber shall be new (unused) material and conform to either of the following: (a) Southern Pine, No. 1 or better quality, Graded in accordance with Southern Pine Inspection Bureau (SPIB) rules. (b) Douglas Fir-Larch, No. 1 or better quality, Graded in accordance with West Coast Lumber Inspection Bureau (WCLIB) rules. All lumber shall be manufactured and inspected in accordance with the latest edition of Product Standard 20-70 as published by the Department of Commerce and shall be grade marked or have an accompanying certificate from a certified grading agency. The grading agency shall be certified by the Board of Review of the American Lumber Standards Committee. All timber shall be pressure treated, conforming to the requirements of the American Wood Preserver's Association (AWPA) Standards, Section C1 and C2 (Soil Contact). Either Ammoniacal Copper Quaternary (ACQ), Ammoniacal Copper Zinc Arsenate (ACZA) or Chromated Copper Arsenate (CCA) preservatives conforming to the requirements of Section P5 (Standards for Waterborne Preservatives) of the AWPA Standards shall be utilized and treatment shall be to a total absorption of 0.40 pounds per cubic foot of timber. A certified treatment report shall be provided to the Engineer. CONSTRUCTION REQUIREMENTS 628.05 Design. The current editions of the AASHTO LRFD Bridge Design Specifications, LRFD Guide Specifications for the Design of Pedestrian Bridges, and CDOT Bridge Design Manual Section 31, shall govern the design. The superstructure of the pedestrian bridge shall consist of two parallel Half-through trusses with at least one diagonal per panel. The trusses shall be the main load-carrying members of the bridge. The members of each Half-through truss (upper and lower chords, diagonals, end posts, and vertical posts) shall be fabricated from square and rectangular structural steel tubing. Floor beams and stringers shall be fabricated from structural steel shapes or square and rectangular structural steel tubing. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 16 3 REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT The structure shall conform to the clear span, clear width, structure depth, deck location and camber requirements shown on the plans. Each pedestrian bridge shall be designed for the following loads and loading conditions: 1. Dead load shall be as defined in Section 3.5 of the AASHTO Bridge Specifications. No allowances for future wearing surface or utilities are required. 2. Live load shall be as defined in the AASHTO Guide Specifications. Distribution to the stringer and floor beams shall be in accordance with Sections 3 and 4 of the AASHTO Bridge Specifications. Deflection due to pedestrian live load and vibration limits as per the AASHTO Guide Specifications shall apply. Deflections due to occasional vehicular traffic shall not be considered. Pedestrian live load shall be 90 psf. Vehicle live load shall be as defined herein and as shown on the plans: The vehicle live loads shall be the AASHTO H-10 Design Vehicle The vehicle live loads shall be combined with other loads as defined herein. These vehicle live loads are not to be combined with the pedestrian live load. The dynamic load allowance (Impact) need not be considered for these vehicular loadings. The deck and supporting members shall be designed to carry equestrian loading. 3. Wind load shall be as defined by the AASHTO Guide Specifications, and used in combination with other loads in accordance with the AASHTO Bridge Specifications, Section 3. The horizontal deflections due to wind loads shall satisfy the deflection criteria in Section 5 of the AASHTO Guide Specifications. 4. Fatigue loading used for the fatigue and fracture limit state (Fatigue I) shall be in accordance with the AASHTO Guide Specifications. The fatigue importance factor, If, shall be taken as 1.0. 5. The structure shall be designed for all applicable load combinations. 6. Distribution of wheel loads on timber deck shall be in accordance with Section 4 of the AASHTO Bridge Specifications. Allowable loads in the structural steel members and weld metal shall be in accordance with Section 6 of the AASHTO Bridge Specifications. Minimum thickness of structural steel shall be 3/16 of an inch. ½ inch diameter drain holes shall be drilled (flame cut holes will not be allowed) at all low points of all steel tubing members as oriented in the in-place, completed structure. In members that are level, or flat, a total of two drain holes shall be drilled, one at each end. Drain holes and their locations shall be shown on the Shop Drawings. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 17 4 REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT All welded tubular connections shall be designed in accordance with Section 2, Part A and Section 9, Part A of the Structural Welding Code-Steel ANSI/AWS/D1.1 (Latest Edition). Horizontal safety rails shall be placed on the structure up to a minimum height of 4’-6” above the deck surface. Openings between horizontal or vertical members on pedestrian railings shall be small enough that a 4 in. sphere cannot pass through them. Safety rails shall be angles welded to the inside or outside of the structure at the County’s option. The safety rail system shall be designed in accordance with Section 13 of the AASHTO Bridge Specifications. Bearings and anchor bolts shall be designed by the bridge manufacturer to satisfy the design loads and anticipated thermal movements of the superstructure. Details of the bearings and anchor bolts shall be provided to the Engineer prior to commencement of abutment construction to verify abutment design and dimensions. These details shall include the design reactions at the bearing locations. 628.06 Submittals. The Contractor shall submit Design Calculations and Shop Fabrication Details (Shop Drawings) to the Engineer. This submittal shall be in accordance with Subsection CDOT Standard Specification Section 105.02. The Design Calculations and Shop Drawings shall contain the endorsement seal of the Professional Engineer registered in the State of Colorado responsible for the design. 628.07 Shop Fabrication. Welding and fabrication of weathering steel pedestrian bridges shall conform to the requirements of the Structural Welding Code-Steel ANSI/AWS D1.1 (Latest Edition) as amended by the following: 1. As required in Subsection 4.7, a welding procedure shall be established by qualification in accordance with the requirements of Subsection 3.3 for the ASTM A 847 material used on the bridge. The results of the Procedure Qualification shall be recorded on Form M1 in Annex M of AWS D 1.1. 2. The Contractor shall submit a Quality Control Plan. The Plan shall include personnel qualifications, certifications, and a Written Practice in accordance with ASNT SNT-TC-1A. 3. The quality of all welds shall be in accordance with Section 6, Table 6.1 for non- tubular and Section 9 and 9.16 for tubular. In Table 6.1, Undercut 7(B), the criteria for primary members shall apply to the bottom chord members. 4. All Complete Joint Penetration Groove Welds in butt joints in the bottom chord members shall be 100% Magnetic Particle tested in accordance with ASTM E709. Acceptance shall be determined in accordance with Section 6.10 and Table 6.1 for non-tubular using alternating Current. Section 9 and Table 9.16 for tubular, UT in accordance with 9.27.1. In addition, complete joint penetration groove butt welds welded from one side without backing of bottom chord members shall be examined by ultrasonic testing in accordance with Section 6.11. 5. Magnetic Particle Testing shall be performed on 100% of all attachment welds to the bottom chord, using Alternating Current, in accordance with Section 6.10 and Table 6.1 for non-tubular, Section 9 and 9.16 for tubular. 6. Welder Qualification Test Records shall follow 4.2.3 Period of Effectiveness. 7. A copy of all Procedure Qualification Records, Welder Qualification Test Records, Quality Control Plan and all visual and nondestructive test reports shall be provided to the Engineer. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 18 5 REVISION OF SECTION 628 BRIDGE GIRDER AND DECK UNIT The structure shall conform to the clear span, clear width, structure depth, railing and any other requirements as shown on the plans. All weathering steel shall be blast cleaned, Steel Structures Painting Council Surface Preparation No. 7 (SSPC-SP7, Brush-Off Blast Cleaning), to remove mill scale and foreign material which would prohibit rusting to a uniform color. 628.08 Field Construction. The substructure shall be constructed in accordance with the details shown in the plans and the pedestrian bridge shop drawings. Before construction begins on the substructure, the Contractor shall determine the anchor bolt requirements and substructure dimensions needed to properly erect the structure. The Engineer shall be provided with two copies of detail sheets delineating these requirements before work begins. The Contractor shall comply with CDOT Standard Specification Subsection 509.26 through 509.31 for Field Construction Requirements paying particular attention to Section 509.28 for Connections Using High-Strength Bolts. Fastener assemblies shall be tested using a Calibrated Tension Measuring Device. DTI washers shall be subject to tension verification by use of a separate direct tension measuring device. A Pre-Erection Conference will be held at least one week prior to the beginning of erection. At least one week prior to the Pre-Erection Conference, the Contractor shall submit an Erection Plan (as specified in Section 509) to the Engineer for review. The Erection Plan will be reviewed by the Engineer. Written comments submitted by the Engineer shall be discussed at the Pre-Erection Conference and incorporated into the Final Erection Plan. The Final Erection Plan shall be signed and sealed by the Contractor's Engineer and Marked "Approved for Construction". If false work drawings are required, they shall conform to and be submitted in accordance with subsection 601.11. METHOD OF MEASUREMENT 628.09 Pedestrian bridge will be measured by the complete Bridge Girder and Deck Unit installed and accepted. BASIS OF PAYMENT 628.10 The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Payment will be made under: Pay Item Pay Unit Bridge Girder and Deck Unit (45 feet to 50 feet) EACH Payment shall be full compensation for all work necessary to complete the item, which shall include design, fabrication, transportation to the bridge site, erection, inspection and construction including deck, railing, and other items as shown on the plans. The substructure shall be measured and paid for separately. Payment will not be made for this item until all required reports, certifications, and forms have been submitted to the Engineer. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 19 REVISION OF SECTION 703 AGGREGATES Section 703 of the Standard Specification is hereby revised for this project as follows: Subsection 703.03 shall include the following: Aggregate for the soft surface trail shall be crushed stone or crushed gravel which conforms to the quality requirements specified in this subsection for Aggregates for Bases. Aggregate for the soft surface trail shall have a liquid limit not greater than 30 and the plasticity index shall not exceed 6 when the aggregate is tested in accordance with AASHTO T89 and T90 respectively. Aggregate for the soft surface trail shall meet the following grading requirements: Sieve Size Mass Percent Passing Square Mesh Sieves 9.5 mm (⅜”) 100 4.75 mm (#4) 30-65 2.36 mm (#8) 25-55 75 µm (#200) 3-12 EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 20 FIRE PROTECTION PLAN The Contractor is hereby required to provide a Fire Protection Plan for the project. The Fire Protection Plan will be submitted to, and approved by, the Engineer prior to commencement of trail earthmoving and HMA operations. The Fire Protection Plan shall address the following items: 1. Fire safety practices and/or policies of the Contractor and any relevant Sub-Contractor(s). 2. Availability and location of Fire Suppression Equipment during HMA operations. 3. Contact information for local Fire Departments. The Contractor and their Sub-Contractor(s) will be required to have a copy of the Fire Protection Plan at any work location on the project. The Contractor is required to provide a copy of the Fire Protection Plan to the local fire districts, BLM, and the US Forest Service. All costs incidental to the foregoing requirements shall not be paid for separately but shall be included in the original contract prices for the project. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 21 SPECIAL CONSTRUCTION REQUIREMENTS The following are special construction requirements for this project: 1. The Contractor shall maintain drainage during construction. The proposed method shall be submitted to the Engineer for approval prior to the start of work. The cost of all temporary measures to provide adequate drainage during construction will not be measured and paid for separately but shall be included in the work. 2. All costs for the foregoing requirements will be included in the original contract prices for the project. 3. During the Work, the Contractor shall work diligently from the time an existing area is first disturbed to a stable condition or completion before moving on to the next area or phase of work. Contractor shall phase all work to minimize impacts to properties on which the work is occurring, or neighboring properties. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Eagle County Open Space Bid Documents Brush Creek Trailhead October 24, 2019 22 TRAFFIC CONTROL PLAN – GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.09. The components of the TCP for this project are included in the following: 1. Subsection 104.04 and Section 630 of the specifications. 2. Standard Plan S-630-1, Traffic Controls for Highway Construction and all applicable cases 3. Standard Plan S-630-2. 4. Schedule of Construction Traffic Control Devices. Special Traffic Control Plan requirements for this project are as follows: Construction Operations. Traffic control shall be coordinated by the Contractor such that the delays to the traveling public through the construction zones will be minimized, and to provide safety to the travelling public. It is anticipated that minimal traffic control will be required on Brush Creek Road during the project, limited to advance warning and signage of construction access areas and potential flagging during large or continuous material deliveries. Lane closures must be approved by Engineer and County Representative 48 hours prior to closure. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time. Storage of the Contractor’s equipment as approved by the Engineer shall be limited to the following: • At least 30-feet from the edge of the pavement • Behind protected barrier if less than 30 feet The Contractor shall equip construction vehicles with flashing amber lights. The Contractor shall ensure that the Project Superintendent and the Traffic Control Manager maintain cellular phone and radio communication throughout the course of the work. Any guardrail, signs, delineators, or other devices damaged due to Contractor operations shall be replaced in kind or repaired by the Contractor at no cost to project. The Contractor, prior to starting work, shall make an inventory of existing signs and submit the inventory to the Engineer. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project, using the Traffic Control (Special) bid item. EXHIBIT DDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ;?3GRGUNDENGINEERING5GM118West6thStreet,Suite200GlenwoodSprings,CO81601Attention:Mr.DanCokleyJobNumber:19-3668October23,201941InvernessDriveEastIEnglewood,CO80112I(303)289-1989Iwww.groundeng.comENGLEWOODICOMMERCECITYILOVELANDIGRANBYIGYPSUMGeotechnicalSubsurfaceExplorationProgramBrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalPreparedfor:DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 TABLEOFCONTENTSPagePurposeandScopeofStudy.IProposedConstruction2SiteConditions2SubsurfaceExploration3LaboratoryTesting4GeologicSetting4GeologicHazards5SubsurfaceConditions8SeismicClassification10BridgeStructureFoundations10WingWalls14Water-SolubleSulfates15SoilCorrosivity15LateralEarthPressures17ProjectEarthwork18ExcavationConsiderations21AggregateSurfacePavementAreas23PavementSections—Apron/DriveLane24TemporaryFireTruckAccess28Closure29LocationsofTestHolesFigures1-lALogsofTestHolesFigures2-3LegendandNotesFigure4GradationTestResultsFigures5-12SeismicResponseSpectrumFigure13SummaryofLaboratoryTestResultsTable1SummaryofSoilCorrosionResultsTable2DetailedTestHoleLogsAppendixADocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalPURPOSEANDSCOPEOFSTUDYThisreportpresentstheresultsofageotechnicalevaluationperformedbyGROUNDEngineeringConsultants,Inc.(GROUND)forSGMinsupportoftheproposedBrushCreekValleyTrailandBridgeprojectlocatedinEagle,Colorado.OurstudywasconductedingeneralaccordancewithGROUND’sProposalNumber1905-0908,datedMay10,2019.Afieldexplorationprogramwasconductedtoobtaininformationonthesubsurfaceconditions.Materialsamplesobtainedduringthesubsurfaceexplorationweretestedinthelaboratorytoprovidedataontheengineeringcharacteristicsoftheon-sitesoils.Theresultsofthefieldexplorationandlaboratorytestingarepresentedherein.Thisreporthasbeenpreparedtosummarizethedataobtainedandtopresentourfindingsandconclusionsbasedontheproposedimprovementsandthesubsurfaceconditionsencountered.Designparametersandadiscussionofengineeringconsiderationsrelatedtotheproposedimprovementsareincludedherein.Thisreportshouldbeunderstoodandutilizedinitsentirety;specificsectionsofthetext,drawings,graphs,tables,andotherinformationcontainedwithinthisreportareintendedtobeunderstoodinthecontextoftheentirereport.ThisincludestheClosuresectionofthereportwhichoutlinesimportantlimitationsontheinformationcontainedherein.ThisreportwaspreparedfordesignpurposesoftheSGMbasedonourunderstandingoftheproposedprojectatthetimeofpreparationofthisreport.Thedata,conclusions,opinions,andgeotechnicalparametersprovidedhereinshouldnotbeconstruedtobesufficientforotherpurposes,includingtheusebycontractors,oranyotherpartiesforanyreasonnotspecificallyrelatedtothedesignoftheproject.Furthermore,theinformationprovidedinthisreportwasbasedontheexplorationandtestingmethodsdescribedbelow.Deviationsbetweenwhatwasreportedhereinandtheactualsurfaceand/orsubsurfaceconditionsmayexist,andinsomecasesthosedeviationsmaybesignificant.JobNo.19-3668GroundEngineeringConsultants,Inc.Page1of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalPROPOSEDCONSTRUCTIONBasedontheRFPdatedApril23,2019,weunderstandthatproposedconstructionwillconsistofapre-fabricatedpedestrianbridgeacrossBrushCreek.Additionally,gravel-surfacedprivateparkingareasandadrivelanewithanasphaltapronnearBrushCreekRoadarealsoplannedforconstruction.Structureloadsfortheproposedbridgestructurewereunavailableatthetimeofthisreportpreparation.BasedonpreliminaryabutmentelevationsprovidedbytheClient,weunderstandthatthetopofthenortheasternabutmentelevationisapproximately6,921.9feetandthetopofthesouthwesternabutmentelevationisapproximately6,921.3feet.Ifproposedconstructiondiffersfromthosedescribedabove,orchangessubsequently,GROUNDshouldbenotifiedtoreevaluatetheinformationinthisreport.SITECONDITIONSAtthetimeofourexploration,BrushCreektraversedtheprojectsitefromnorthwesttosoutheastandisapproximately20feetwideatthelocationoftheproposedbridge.BrushCreekRoadislocatedalongthesouthwesternmarginoftheprojectvicinity.CountyRoad8412previouslyrannorthtosouththroughtheprojectsite,crossingBrushCreek.CountyRoad8412haslargelybeenovergrownwithvegetationandsomeofitsformeralignmentisnolongerapparent.Thesouthernportionoftheroadiscurrentlybeingusedasanaccessroadfornearbyequestrianareas.BasedonGoogleEarthhistoricalimagery,abridgewaslocatedwithintheprojectareabetween2006and2010andhassincebeendemolished.Theconcreteabutmentsfromthisbridgewerestillinplaceatthetimeofourexplorationprogram.JobNo.19-3668GroundEngineeringConsultants,Inc.Page2of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalThegeneraltopographyoftheareaslopedtowardBrushCreekatflattogentleslopesoflessthanapproximatelyonepercent.Steeperslopeswerelocatedattheedgeofanoldterracethatbeginsapproximately120feetnorthoftheproposedbridgeandexhibitsapproximately40feetofelevationreliefwithnearverticalslopestowardthetop.Man-madefillwasobservedinthetestholesatthetimeofdrilling,andappearstobeassociatedwiththeoldroadwayalignmentandbridgeembankment.Theexactextents,limits,andcompositionofanymanmadefillwerenotdeterminedaspartofthescopeofworkaddressedbythisstudyandshouldbeexpectedtopotentiallyexistatvaryingdepthsandlocationsacrossthesite.SUBSURFACEEXPLORATIONThesubsurfaceexplorationfortheprojectwasconductedonAugust9,2019.Atotaloffour(4)testholesweredrilledwithatrack-mounted,continuousflightpoweraugerrigtoevaluatethesubsurfaceconditionsaswellastoretrievesoilsamplesforlaboratorytestingandanalysis.Two(2)ofthetestholesweredrillednear/adjacenttotheproposedbridgeabutmentstodepthsofapproximately40to41feetbelowexistinggrade.Theremainingtwo(2)testholesweredrilledwithintheproposedparkingareaanddrivelanetodepthsofapproximately6to9feetbelowexistinggrade.ArepresentativeofGROUNDdirectedthesubsurfaceexploration,loggedthetestholesinthefield,andpreparedthesamplesfortransporttoourlaboratory.Samplesofthesubsurfacematerialswereretrievedwitha2-inchI.D.Californialinersampleranda1¾-inchsplitspoonsampler.Thesamplersweredrivenintothesubstratawithblowsfroma140-poundhammerfalling30inches.ThisprocedureissimilartotheStandardPenetrationTestdescribedbyASTMMethodD1586.Penetrationresistancevalues,whenproperlyevaluated,indicatetherelativedensityorconsistencyofsoils.DepthsatwhichthesampleswereobtainedandassociatedJobNo.19-3668GroundEngineeringConsultants,Inc.Page3of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalpenetrationresistancevaluesareshownonthetestholelogs.TheapproximatelocationsofthetestholesareshowninFigures1and1A.LogsoftheexploratorytestholesarepresentedinFigures2and3andAppendixA.ExplanatorynotesandalegendareprovidedinFigure4.LABORATORYTESTINGSamplesretrievedfromourtestholeswereexaminedandvisuallyclassifiedinthelaboratorybytheprojectengineer.Laboratorytestingofsoilsamplesobtainedfromthesubjectsiteincludedstandardpropertytests,suchasnaturalmoisturecontents,dryunitweights,grainsizeanalyses,swell-consolidationtesting,unconfinedcompressivestrengthtesting,andliquidandplasticlimits.Water-solublesulfateandcorrosivitytestswerecompletedonaselectedsampleofthesoilsaswell.Proctortestingandresilientmodulustestingwereperformedonacompositebulksample.LaboratorytestswereperformedingeneralaccordancewithapplicableASTMandAASHTOprotocols.ResultsofthelaboratorytestingprogramaresummarizedinTables1and2andAppendixA.GEOLOGICSETTINGAccordingtoavailablegeologicmaps(TwetoandOthers,19781)thedepositsunderlyingtheprojectareaaremappedasPleistocene-agedYoungGravels(Qg).Thesematerialsgenerallyconsistofstream,terrace,andoutwashgravels.ThesematerialsweremappedasunderlainbythePennsylvanian-agedEagleValleyEvaporite(Pee).Thisformationisdescribedasinterbeddedgypsum,anhydrite,andsiltstonewithoccasionalthickdepositsofrocksalt.Aportionofthatgeologicmapisreproducedbelow.1Tweto,Ogden,Moench,RobertH.,Reed,JohnC.1976.“GeologicMapoftheLeadville1x2Quadrangle,NorthwesternColorado”.UnitedStatesGeologicSurvey.MiscellaneousInvestigationsSeries,Map1-999.JobNo.19-3668GroundEngineeringConsultants,Inc.Page4of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,Colorado#1w7Lmm7ui17--—Izir.m;[E’rrGEOLOGICHAZARDSSolubleMineralDissolutionandSinkholesGypsum,haliteandothermineralsintheEagleValleyEvaporite(andtheEagleValleyFormation)arevulnerabletodissolutioningroundwater.Theresultantvoidshavepropagatedtothegroundsurfaceresultinginsinkholes.’SinkholesofvariousageshavebeenmappedwithinEagleandtheRoaringForkRivervalleys,aswellasalongthetributariestothoserivers(suchasBrushCreek).SinkholesappeartohavedevelopedwiththegreatestfrequencywheretheEagleValleyEvaporateisoverlainintheshallowsubsurfacebystreamgravels....FApproximateProjectSiteSurfaceKarstFeatures-Pointlocationsoflocalizedcaverns,grounddepressions,andsinkholes(White,2012)JobNo.19-3668GroundEngineeringConsultants,Inc.Page5of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalMappingbyWhite,(2012)2indicatesnumerouskarstfeatures(caverns,grounddepressions,orsinkholes)thathaveoccurredintheimmediateprojectareawithintheBrushCreekValley.Theselocationsareindicatedinthemapabove.Basedonoursubsurfaceexploration,gravellyalluviumovermaterialsderivedfromtheEagleValleyEvaporitewasencounteredinourtestholes.Bedrockwasnotobviouslyencounteredtothedepthsexploredinourtestholes.Theriskofsinkholedevelopmentatorneartheprojectsitemaybeconsideredatleastmoderate.Thelikelihoodofdevelopmentofasinkholeatagivenlocation,however,isdifficulttoforecast.Additionalgeotechnicaldrillingandgeophysicalstudiesattemptingtolocatenascentsinkholesinthenearsurfacehavebeenunreliable,inourexperience.Also,theriskatthelocationsoftheproposedimprovementsisnogreaterthanatmostnearbysitesintheBrushCreekValley.Thenearbyhomes,roadways,andbridgesallhavebeenconstructedandutilizeddespitethesimilarrisk.Geotechnicalmeasurestomitigatetheriskofstructuraldamagefromsinkholedevelopment—suchasadeep,geo-textile-reinforced,remedialfillsection—arerelativelyexpensiveandareun-provenintheireffectiveness.Therefore,ifEagleCountycanaccepttheriskofsinkholedevelopmentandpotentialassociateddistress,theimprovementsmaybeconstructedwithoutmeasurestomitigatethatspecificrisk.GROUNDwillbeavailabletodiscussthisriskinmoredetail.CollapsibleSoilsCertainsurficialdepositsintheBrushCreekValleyarea,typicallyalluvialfananddebrisflowmaterialsderivedfromtheEagleValleyFormationorEagleValleyEvaporateareknowntobesusceptibletolocalhydro-consolidationor“collapse.”Hydro-consolidationconsistsofasignificantvolumelossduetore-structuringoftheconstituentgrainsofthesoiltoamorecompactarrangementuponwetting.Thelocalsoilsgenerallyarecoarse,alluvialmaterials,notalluvialfandeposits.Therefore,thepotentialforhydro-consolidationattheprojectsitemaybeconsideredtobelow.However,consolidationmaybeassociatedwiththesitesoilsinlocalizedareas.SeismicActivity/FaultingNeithersitereconnaissancenorreviewofavailablegeologicmapsindicatedthetraceofanactiveorpotentiallyactivefaulttraversingorimmediately2White,JohnathanL.2012.ColoradoMapofPotentialEvaporiteDissolutionandEvaporiteKarstSubsidenceHazards.ColoradoGeologicSurvey,OF-12-02.JobNo.19-3668GroundEngineeringConsultants,Inc.Page6of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittaladjacenttothesite.Therefore,thelikelihoodofsurfacefaultruptureatthesiteisconsideredtoberelativelylow.TheColoradoGeologicSurvey(2008)indicatesthatanUnnamedFaultEastofEagleislocatedapproximately2.5milestothenortheastoftheprojectsiteandisnotconsideredtobeactive.GeologicallyyoungfaultsrelatedtoevaporitetectonicsarepresentwithintheEaglecollapsecenterandaredepictedbyTwetoetal.(1978)approximately6mileswestoftheprojectsite.ThenearestQuaternaryagefaulttothesiteistheGreenhornMountainFault5,depictedapproximately4milesnorthoftheprojectsite.Thisfaultisdescribedasanortheast-dippingnormalfault.ComparedwithotherregionsofColorado,recordedearthquakefrequencyintheprojectareaismoderate.SlopeStabilityandErosionMappingbyColtonandothers(1976)6andavailablemapdatabasebytheColoradoGeologicalSurvey7didnotdepictlandslidedepositsonorimmediatelyadjacenttothesubjectsite.Duringoursitereconnaissanceofthesitearea,slopeinstabilitywasobservedatagravellyterracelocatedapproximately120feettothenorthoftheproposedbridge.Gravelsandcobblesderivedfromerosionwereobservedscattedatthebaseoftheterraceslope;however,theredidnotappeartobeanyindicationofthisattheproposedbridgesite.Evenso,thelikelihoodofprojectdevelopmentsbeingaffectedbyexistinglargescale,unanticipatedslopeinstabilitiesisconsideredlowtomoderate.SlopestabilityanalysiswasoutsidethescopeofGROUND’sstudy.Weshouldbecontactedintheeventthisanalysisisdesired.FloodingFloodinformationwasnotavailablebyFEMA°forthisareaofEagleCounty.DuetotheverycloseproximityoftheprojectsitetoBrushCreek,floodingand/orflashfloodingshouldbeexpectedduringtimesofheavyrainfallandrapidsnowmelt.Thesiteshouldbeevaluatedbyacivilengineerinthatregard.ColoradoGeologicalSurvey,2008,PreliminaryQuaternanjFaultandFoldDatabase,andMapSenier,http://geosurvey.state.co.us/Default.aspx?tabid=453.Tweto,0.,Moench,R.H.,&ReedJr,J.C.(1978).GeologicmapoftheLeadville1degreeby2degreesQuadrangle,northwesternColorado(No.999).Widmann,B.L.,compiler,1997,Faultnumber2297,GreenhornMountainfault,inQuaternaryfaultandfolddatabaseoftheUnitedStates;U.S.GeologicalSurveywebsite,https://earthquakes.usgs.gov/hazards/qfaults,accessed11/13/201807;21AM.6Colton,R.B.,J.A.Holligan,andL.W.Anderson,1976,Preliminary’MapofLandslideDeposits,Denver7°x2”Quadrangle,Colorado,U.S.GeologicalSurvey,MiscellaneousInvestigationSeriesMap1-964.ColoradoLandslideInventory,ColoradoGeologicalSurvey,https://coloqeosurvey.maps.arcgscorn8FEMA,EffectiveDecember4,2007,TownofEagle.Firm08037C0389DJobNo.19-3668GroundEngineeringConsultants,Inc.Page7of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalWetlandPotentialTheprojectareawithinBrushCreekisclassifiedasaR3UBHhabitatbytheU.S.FishandWildlifeService9whichisapermanentlyflowingrivetchannelwithahighgradientandanunconsolidatedbottom.TheareaoftheproposedtoadinthesouthernportionoftheptojectsitenearBrushCreekRoadisclassifiedasPEM1Cwhichisavegetatedareathatisseasonallyflooded.Therefore,duringsitedevelopment,allregulationsconcerningwetlandprotection,aswellasanyotherareasdesignatedaswetlandsbytheFederalWetlandsProtectionActshouldbeadheredto.Explicitdesignationofwetlandswasnotincludedaspartofthescopeofthisstudy.MiningActivityandSubsidenceReviewofU.S.GeologicalSurveymapscoveringthesitesuchasTwetoandOthers,(1978),andotheravailable,publishedmapsdepictingareasofminingactivities,didnotindicatepastminingactivitiesonorimmediatelyadjacenttothesubjectparcel.Additionally,nosurfaceindicationsofminingactivities(i.e.subsidence)wereapparentonthesiteduringthesitereconnaissance.Therefore,thereappearstobelittlepotentialforsurfacesubsidenceassociatedwithconsolidationofformermineworkingsatdepth.MappingbyWhite,(2002)indicatesthatahistoricalorcurrentgypsummineislocatedapproximately2milestothenortheastoftheprojectsite.Thisminedoesnotappeartoimpacttheprojectsite.Publishedgeologicmapsdoindicatepotentialformationsunderlyingthesiteatrelativelydeepdepthsthatincludeevaporate(salt,gypsum,etc.)deposits,limestonesorothermaterialsvulnerabletosubsurfacedissolution.ThispotentialisdiscussedaboveundertheSolubleMineralDissolutionandSinkholessectionofthisreport.SUBSURFACECONDITIONSThesurficialmaterialsencounteredinthetestholesgenerallyconsistedoftopsoil(approximately12inchesthick),underlainbyman-madefilltodepthsofapproximately1to334feetbelowexistinggrade.Thefillmaterialswereunderlainbysandandsiltytoclayeygravelwithpossiblycobblesandboulders.Thesematerialswereunderlainbysilt/clayatdepthsofapproximately32to36feetbelowexistinggrade.Thetestholesextendedtodepthsofapproximately6to41feetbelowexistinggrades.U.S.FishandWildlifeService,NationalWetlandsInventory,May5,2019,www.fws.gov/wetlandsJobNo.19-3668GroundEngineeringConsultants,Inc.Page8of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalAdditionally,the2-inchdiameter(orsmaller)samplingapparatusinherentlycannotsampleundisturbedcobbleandbouldermaterialsduetotheirlargersize.Itshouldbeunderstoodthatthesamplesobtainedduringdrillingoperationsmaynotberepresentativeofthelargersizedearthmaterialsthatmaybeencounteredduringconstruction.Materialsizesanddescriptionsarelargelyinterpretedbasedondrillingadvancementratesandotherobservationsduringthedrillingoperations.Additionalexplorationutilizingalternatemethods,suchastestpits,shouldbeconsideredifmoreinformationisdesired.Man-MadeFillconsistedofsilt/clayandsandswithgravels,wasfinetocoarsegrained,lowplastic,verymoisttowet,andgraytobrownincolor.Theman-madefillencounteredisassumedtobederivedfromtheroadwayalignmentandbridgeembankment.Delineationofthecompletelateralandverticalextentsofanyfillsatthesite,ortheircompositions,however,wasbeyondourpresentscopeofservices,Iffillsoilvolumesandcompositionsatthesiteareofsignificance,theyshouldbefurtherevaluatedusingtestpits.SandandGravelwereinterebedded,finetocoarsegrainedwithcobblesandboulderspossible,non-plastictolowplastic,mediumdensetoverydense,moisttowet,andreddishgraytoreddishbrownincolor.Silt/Claywassandy,finegrained,lowtomediumplastic,verystifftohard,moisttowet,andreddishgraytoreddishbrowntograyincolor.Swell-consolidationtestingofsamplesoftheon-sitematerialsretrievedfromthetestholesindicatedapotentialforconsolidation.Consolidationsofapproximately0.1and0.5percentweremeasuredundervarioussurchargeloads(SeeTable1).Groundwaterwasencounteredinthetestholesatdepthsofapproximately3to4feetbelowexistinggradeatthetimeofdrilling.ThetestholeswerebackfilledupondrillingcompletionperCodeofColoradoRegulations(2CCR402-2).Groundwaterlevelscanbeexpectedtofluctuate,however,inresponsetoannualandlonger-termcyclesofprecipitation,irrigation,surfacedrainage,nearbyriversandcreeks,landuse,andthedevelopmentoftransient,perchedwaterconditions.Thegroundwaterobservationsperformedduringourexplorationmustbeinterpretedcarefullyastheyareshort-termJobNo.19-3668GroundEngineeringConsultants,Inc.Page9of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalanddonotconstituteagroundwaterstudy.IntheeventtheClientdesiresadditional/repeatedgroundwaterlevelobservations,GROUNDshouldbecontacted;additionalexplorationandfeeswillbenecessaryinthisregard.SEISMICCLASSIFICATIONWeestimatethattheproposedsitewouldmeettheparametersofaSeismicSiteClassDsite,inaccordancewithAASHTOBridgeDesignSpecifications81hEdition(November2017),basedonextrapolationofavailabledatatodepth.GROUNDutilizedtheATCHazardsbyLocationTool(https://hazards.atcouncil.orq)andreferencedocumentASCE7-16todeterminethebasicseismicparameters.Seismiccoefficientsforthesiteareasfollows:PeakGroundAcceleration(PGA)=0.208gSpectralAccelerationforshortperiod(Ss)=0.345gSpectralAccelerationforlongperiod(Si)=0.08gCoefficientatzero-period(Fpga)=1.392Coefficientforshodperiod(Fa)=1.524Coefficientforlongperiod(F)=2.4AccelerationCoefficient(As)=0.29AccelerationCoefficient(SDS)0.35AccelerationCoefficient(SD7)0.128TheresponsespectrumforthebridgeseismicdesignisshowninFigure13.TheprojectareafallswithinSeismicZoneI(Table3.10.6-1,AASHTO2017)basedonanaccelerationcoefficient(SD1)of0.128,andisconsideredtohavealowprobabilityforlargedamagingearthquakes.BRIDGESTRUCTUREFOUNDATIONSGeotechnicalConsiderationsForDesignTheconclusionsandparametersprovidedinthisreportwerebasedonthedatapresentedherein,ourexperienceinthegeneralprojectareawithsimilarstructures,andourengineeringjudgmentwithregardtotheapplicabilityofthedataandmethodsofforecastingfutureperformance.Avarietyofengineeringparameterswereconsideredasindicatorsofpotentialfuturesoilmovements.OurparametersandconclusionswereJobNo.19-3668GroundEngineeringConsultants,Inc.Page10of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalbasedonourjudgmentof“likelymovementpotentials,”(i.e.,theamountofmovementlikelytoberealizedifsitedrainageisgenerallyeffective,estimatedtoareasonabledegreeofengineeringcertainty)aswellasourassumptionsabouttheowner’swillingnesstoacceptgeotechnicalrisk.‘Maximumrossible”movementestimatesnecessarilywillbelargerthanthoserresentedherein.Theyalsohaveasignificantlylowerlikelihoodofbeingrealizedinouropinion,andgenerallyrequiremoreexpensivemeasurestoaddress.WeencourageSGMandEagleCountyuponreceiptofthisreport,todiscusstheserisksandthegeotechnicalalternativeswithus.GeneralDiscussionofGeotechnicalConcernsandRelatedRisksAccordingtoprovidedpreliminarygradinginformation,weunderstandthatthetopofthenortheasternabutmentisapproximately6,921.9feetandthetopofthesouthwesternabutmentisapproximately6,921.3feet.Inaddition,man-madefillmaterialswereobservedinthetestholes,extendingtodepthsuptoapproximately3%feetbelowexistinggrades.Itisunknownifthesematerialswereplacedinaproperlymoisture-densitytreatedmanner,andintheabsenceoftestingand/orfillplacementdocumentationfortheexistingfill,itshouldbeassumedthattheywerenot.Inundocumentedfillsoils,thereexistsalargelyunquantifiableriskofvolumechangeofthefill(primarilyfromconsolidationofmaterials)associatedwiththepresenceofunknownmaterialsandvoidsinthefill.Basedontheapproximateelevationsofthebridgeabutmentsandanticipatedfrostdepths,removaloftheman-madefillmaterialsappeartoberequiteddutingfoundationexcavation.Anyman-madefillsremainingshouldberemovedpriortoconstruction.Beneaththeman-madefillsoils,nativesandsandgravelswereencountered.AsstatedintheSolubleMineralDissolutionandSinkholesection,theriskofsinkholedevelopmentatornearthesitemustbeconsideredmoderate.Therefore,ifEagleCountycanaccepttheriskofsinkholedevelopment,theimprovementsmaybeconstructedwithoutmeasurestomitigatethatspecificrisk.JobNo.19-3668GroundEngineeringConsultants,Inc.Page11of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalFoundationSystemsTypicallyintheprojectarea,fortheleastriskofpost-constructionmovements,bridgesaresupportedondeepfoundationssuchasdrivenH-pilesordrilledcaissonsbearinginthebedrockunderlyingthesite.Sincebedrockwasnotencounteredtodepthsuptoapproximately41feetbelowexistinggrades,adeepfoundationsystemmaynotbedesiredasthiswouldpotentiallyinvolvelargediameterpierswithlengthsgreaterthanapproximately41feet.IfdrivenH-pile/drilledcaissonparametersaredesired,theycanbeprovideduponrequestbutwillrequireadditionalexploratorydrillingoperationsunderaseparatescopeandfee.Anotheroptionthatcouldbeconsideredwouldbetosupportthebridgeabutmentsonashallowfoundationsystemconsistingofspreadfootingsconstructedonthenativesandsandgravelsorproperlypreparedapprovedimportgranularmaterialsuchasapproximately%-inchto1inchcrushedrockoraggregatebasecourseintheeventmanmadefillisencounteredatthefoundationbearingelevation.Ifcrushedrockoraggregatebasecourseisutilized,alayerofgeotextile,i.e.,Mirafi®RS58Oi,HP570Geofabric,orapprovedequivalent,betweenthecrushedrock/aggregatebasecourseandon-sitesandsandgravelsshouldalsobeinstalled.Thecrushedrock/aggregatebasecourseshouldextendatleast2feetbeyondtheedgeofthefootingonallsides.Post-constructionmovementsofapproximately1inchshouldbeanticipated.Intheeventthesemovementscannotbetolerated,adeepfoundationsystemshouldbeconsidered;GROUNDshouldbecontactedtoprovideadditionaldesignparametersinthisregard.Groundwaterwasencounteredinthetestholesatdepthsofapproximately3to4feetbelowexistinggradeatthetimeofdrilling.Inlocalizedareaswithintheprojectsite,groundwatermaybeencounteredwithinexcavationsduringfootingexcavation.Thecontractorshouldbepreparedtodewatertheexcavationduringconstruction.Otherfinancialimpactsmayalsobeassociatedwiththepresenceofwater.Itmaybenecessarytoplacealayerofcrushedrock(%-inchto1inchinmaximumnominalsize)toaidinstability.Thecrushedrockshouldbeproperlycompactedwithaheavyvibratoryroller/platecompactororequivalentinaccordancewiththeProjectEarthworksectionofthisreport.Temporarydewatering/pumpingofthegroundwatermayalsobenecessarywithindeeperexcavations.Thethicknessandamount/typeofcrushedrockisdependentonthatnecessarytoachievestabilityofthefoundation/equipment-supportingJobNo.19-3668GroundEngineeringConsultants,Inc.Page12of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalsoils.Greaterthicknessesofcrushedrockmaybenecessaryandisdependentonthestabilityofthefoundationsoilsandthedepthofscourduringafloodevent.Otherremedial/stabilizationmeasuresmayalsobenecessary.ShallowFoundationSystemThegeotechnicalcriteriabelowshouldbeobservedforshallowfoundationsystemstosupporttheproposedabutments.1)Thefoundationsshouldbearondense,undisturbed,nativesandsandgravelsorproperlypreparedapprovedimportgranularmaterial.Fine-grained,soft,looseorotherwisedeleteriousmaterialsexposedatfootingbearingelevation,e.g.,asiltpocket,shouldberemovedentirelyandreplacedwithmaterialssuchas‘dental’concrete,basecourse(suchasCDOTClass6AggregateBaseCourse),crushedrock,etc.‘Dental’concretegenerallyconsistsofconventionalconcreteusedtoshapesurface,fillirregularities,andprotectpoorrock.Likewise,voidscreatedbyremovalofbouldersshouldbereplacedwith‘dental’concrete,basecourse,orcrushedrock.Ageotechnicalengineershouldberetainedtoobservethesurfacesonwhichthefootingswillbear.Theexposedsurfacesshouldbeapprovedpriortoplacementofreinforcingsteelorfootingconcrete.2)Foundations/footingsbearingondense,undisturbed,nativesandsandgravelsoronproperlypreparedapprovedimportgranularmaterialmaybedesignedforthenominalbearingpressureandresistancefactortabulatedbelow.NominalBearingPressureResistanceFactor(Pb)6.5ksf0.45Compressionofthebearingsoilsfortheprovidedbearingpressureisestimatedtobe%inch,basedonanassumptionofdrainedfoundationconditions.Iffoundationsoilsaresubjectedtoanincrease/fluctuationinmoisturecontent,theeffectivebearingcapacitywillbereducedandgreaterpost-constructionmovementsthanthoseestimatedabovemayresult.JobNo.19-3668GroundEngineeringConsultants,Inc.Page13of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittal3)Foundationloadsshouldbeasuniformaspossible.Differentiallyloadedfoundationswillsettledifferentially.Similarly,differentialfillthicknessesbeneathfoundationswillresultinincreaseddifferentialsettlements.4)Foundationsshouldbearataminimumof4feetbelowthelowestadjacentfinishgradetoprovideadequatecoverforfrostprotectionandbearatanelevationbelowthedesignscourelevation.Otherscourprotectionmeasuressuchasatoewall,riprap,etc.mayalsobeprovided.5)Continuousfoundationwallsshouldbereinforcedasdeterminedbythestructuralengineer.6)GeotechnicalparametersforlateralresistancetofoundationloadsareprovidedintheLateralEarthPressuressectionofthisreport.ShallowFoundationConstruction7)Thecontractorshouldtakeadequatecarewhenmakingexcavationsnottocompromisethebearingorlateralsupportfornearbyimprovements.8)Foundationexcavationbottomsmayexposefinegrainedsoils,loose,soft,orotherwisedeleteriousmaterials.Firmmaterialsmaybecomedisturbedbytheexcavationprocess.Allsuchunsuitablematerialsshouldbeexcavatedandreplacedwith‘dental’concrete,basecourse,orcrushedrock.9)FillplacedagainstthesidesofthefoundationsshouldbeproperlycompactedinaccordancewiththeProjectEarthworksectionofthisreport.WINGWALLSWeunderstandthatasystemsimilartothetypicalCDOTcast-in-placewalldetailanddrainagesystemisbeingconsideredfortheproject.Toachievesimilarperformance,anywingwallsforthebridgeshouldbesupportedonshallowfoundationsinthesamemannerasthebridgeoronthebridgefoundations.GeotechnicalparametersforshallowfoundationdesignareprovidedintheShallowFoundationsectionsofthisreport.JobNo.19-3668GroundEngineeringConsultants,Inc.Page14of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalLateralloadparametersfordesignoftheabutmentandwingwallsforthebridgeareprovidedintheLateralLoadssectionofthisreport.Walldesignshouldincorporateanyupwardslopingbackfills,liveloadssuchastraffic,constructionequipment,materialstockpiles,etc.,andothersurchargepressures.WATER-SOLUBLESULFATESTheconcentrationsofwater-solublesulfatesmeasuredinaselectedsampleretrievedfromthetestholeswasapproximately0.06percent(SeeTable2).Suchaconcentrationofwater-solublesulfatesrepresentsanegligibleenvironmentforsulfateattackonconcreteexposedtothesematerials.Degreesofattackarebasedonthescaleof‘negligible,’‘moderate,’‘severe’and‘verysevere’asdescribedinthe“DesignandControlofConcreteMixtures,”publishedbythePortlandCementAssociation(PCA).TheColoradoDepartmentofTransportation(CDOT)utilizesacorrespondingscalewith4classesofseverityofsulfateexposure(Class0toClass3)asdescribedinthepublishedtablebelow.REQUIREMENTSTOPROTECTAGAINSTDAMAGEToCONCRETEBYSULFATEATTACKFROMEXTERNALSOURCESOFSULFATEWater-SolubleWaterCementitiousSeverityofSulfate(SO4)CementitiousSulfate(504)SulfateInWater.MaterialInDrySoilRatioRequirementsExposure(%)(ppm)(maximum)Class00.00to0.100to1500.45Class0Class10.11to0.20151to15000.45ClassIClass20.21to2.001501to10,0000.45Class2Class32.01orgreater10,001orgreater0.40Class3BasedonthesedataGROUND,makesnorecommendationforuseofaspecial,sulfateresistantcementinprojectconcrete.SOILCORROSIVITYAccordingtoArticle10.7.5oftheAASHTOLRFDBridgeDesignSpecifications,thefollowingsoilconditionsshouldbeconsideredasindicativeofpotentialpiledeteriorationorcorrosionsituation:JobNo.19-3668GroundEngineeringConsultants,Inc.Page15of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittal>Resistivitylessthan2,000ohm-cm>pHlessthan5.5>pHbetween5.5and8.5insoilswithhighorganiccontent>Sulfateconcentrationsgreaterthan1000ppm>Landfillsandcinderfills>SoilssubjecttomineorindustrialdrainageThedegreeofriskforcorrosionofmetalsinsoilscommonlyisconsideredtobeintwocategories:corrosioninundisturbedsoilsandcorrosionindisturbedsoils.Thepotentialforcorrosioninundisturbedsoilisgenerallylow,regardlessofsoiltypesandconditions,becauseitislimitedbytheamountofoxygenthatisavailabletocreateanelectrolyticcell.Indisturbedsoils,thepotentialforcorrosiontypicallyishigher,butisstronglyaffectedbysoilchemistryandotherfactors.Apreliminarycorrosivityanalysiswasperformedtoprovideageneralassessmentofthepotentialforcorrosionofferrousmetalsinstalledincontactwithearthmaterialsatthesite,basedontheconditionsexistingatthetimeofGROUND’sevaluation.SoilchemistryandphysicalpropertydataincludingpH,reduction-oxidation(redox)potential,andsulfidescontentwereobtained.TestresultsaresummarizedonTable2.pHTestingindicatedapHvalueofapproximately9.0.Reduction-Oxidationtestingindicatedanegativepotential:approximately-112millivolts.Suchlowpotentialstypicallycreateamorecorrosiveenvironment.SulfideReactivitytestingforthepresenceofsulfidesindicatedtrace’results.Thepresenceofsulfidesinthesitesoilsalsosuggestsamorecorrosiveenvironment.SoilResistivityInordertoassessthe“worstcase”formitigationplanning,asampleofmaterialsretrievedfromthetestholeswastestedforresistivityintheinthelaboratory,afterbeingsaturatedwithwater,ratherthaninthefield.Resistivityalsovariesinverselywithtemperature.Therefore,thelaboratorymeasurementsweremadeatacontrolledtemperature.Measurementsofelectricalresistivityindicatedavalueofapproximately3,565ohmcentimetersinsamplesofthesiteearthmaterials.JobNo.19-3668GroundEngineeringConsultants,Inc.Page16of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalCorrosivityAssessmentBasedonthesoilconditionsindicatedabove,thesoilappearstocomprisealowpotentialforacorrosiveenvironmentofburiedmetals.Epoxycoatedrebarcouldbeconsideredfortheprojectifcorrosionprotectionisnecessaryfordesign.AOlguidelines(AOl318-11)fortheuseofepoxycoatedrebarinconcreteplacedon-siteshouldbefollowedinthatregard.Ifadditionalinformationareneededregardingsoilcorrosivity,aCorrosionEngineershouldbecontacted.Itshouldbenoted,however,thatchangestothesiteconditionsduringconstruction,suchastheimportofothersoils,ortheintendedorunintendedintroductionofoff-sitewater,maysignificantlyaltercorrosionpotential.LATERALEARTHPRESSURESStructureswhicharelaterallysupportedandcanbeexpectedtoundergoonlyalimitedamountofdeflectionshouldbedesignedfor“at-rest”lateralearthpressures.Thecantileveredretainingstructureswillbedesignedtodeflectsufficientlytomobilizethefullactiveearthpressurecondition,andmaybedesignedforactive”lateralearthpressures.‘Passive”earthpressuresmaybeappliedinfrontofthestructuralembedmenttoresistdrivingforces.Theat-rest,active,andpassiveearthpressuresintermsofequivalentfluidunitweightfortheon-sitebackfillandCDOTClassIstructurebackfillaresummarizedonthetablebelow.Basefrictionmaybecombinedwithpassiveearthpressureifthefoundationisinadrainedcondition.Theuseofpassivepressureunderasaturatedconditionisnotsuggested.Thevaluesfortheon-sitebackfillintheupper10feetprovidedinthetablebelowwereapproximatedutilizingaunitweightof130pcfandanestimatedphiangleof38degrees.JobNo.19-3668GroundEngineeringConsultants,Inc.Page17of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalLATERALEARTHPRESSURES(EQUIVALENTFLUIDUNITWEIGHTS)MaterialTeWaterAt-RestActivePassiveFriction‘pCondition(pcf)(pcf)(pci)CoefficientDrained50315000.52On-SiteSandsandGravelsSubmerged8878-0.52StructureBackfill(CDOTClass1)Drained55354000.45Iftheselectedon-sitesoilmeetsthecriteriaforCDOTClass1structurebackfill,thelateralearthpressuresforCDOTClass1structurebackfillasshownontheabovetablemaybeused.Torealizethelowerequivalentfluidunitweight,theselectedstructurebackfillshouldbeplacedbehindthewalltoaminimumdistanceequaltotheretainedwallheight.Thelateralearthpressuresindicatedaboveareforahorizontalupperbackfillslope.Theadditionalloadingofanupwardslopingbackfillaswellasloadsfromtraffic,stockpiledmaterials,etc.,shouldbeincludedinthewall/shoringdesign.GROUNDcanprovidetheadjustedlateralearthpressureswhentheadditionalloadingconditionsandsitegradingareclearlydefined.PROJECTEARTHWORKPriortoearthworkconstruction,existingvegetation,topsoil,asphalt,andotherdeleteriousmaterialsshouldberemovedanddisposedofoff-site.Relicundergroundutilities,ifencountered,shouldbeabandonedinaccordancewithapplicableregulations,removedasnecessary,andcappedatthemarginsoftheproperty.Amaterialstestingfirmshouldbecontractedtotestthebackfillduringplacement.Topsoilshouldnotbeincorporatedintofillplacedonthesite.Instead,topsoilshouldbestockpiledduringinitialgradingoperationsforplacementinareastobelandscapedorforotherapproveduses.JobNo.19-3668GroundEngineeringConsultants,Inc.Page18of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalExistingFillSoils:Man-madefillwasencounteredineachofthetestholesduringtheexplorationprogram.Actualcontentsandcompositionoftheman-madefillmaterialsarenotknown;therefore,someoftheexcavatedman-madefillmaterialsmaynotbesuitableforreplacementasbackfill.TheGeotechnicalEngineershouldberetainedduringsiteexcavationstoobservetheexcavatedfillmaterialsandprovideparametersforitssuitabilityforreuse.UseofExistingNativeSoils:Overburdensoilsthatarefreeoforganicsaresuitable,ingeneral,forplacementascompactedfill.Fragmentsofrockandcobbleslargerthan3inchesinmaximumdimensionwillrequirespecialhandlingand/orplacementtobeincorporatedintoprojectfills.Ingeneral,suchmaterialsshouldbeplacedasdeeplyaspossibleintheprojectfills.AGeotechnicalEngineershouldbeconsultedregardingappropriateinformationforusageofsuchmaterialsonacase-by-casebasiswhensuchmaterialshavebeenidentifiedduringearthwork.StandardparametersthatlikelywillbegenerallyapplicablecanbefoundinSection203ofthecurrentCDOTStandardSpecificationsforRoadandBridgeConstruction.FillPlatformPreparation:Priortofilling,thetop8to12inchesofin-placematerialsonwhichfillsoilswillbeplacedshouldbescarified,moistureconditionedandproperlycompactedinaccordancewiththeparametersbelowtoprovideauniformbaseforfillplacement.Ifsurfacestoreceivefillexposeloose,wet,softorotherwisedeleteriousmaterial,additionalmaterialshouldbeexcavated,orothermeasurestakentoestablishafirmplatformforfilling.Thesurfacestoreceivefillmustbeeffectivelystablepriortoplacementoffill.FillPlacement:Fillmaterialsshouldbethoroughlymixedtoachieveauniformmoisturecontent,placedinuniformliftsnotexceeding8inchesinloosethickness,andproperlycompacted.Nofillmaterialsshouldbeplaced,worked,rolledwhiletheyatefrozen,thawing,orduringpoor/inclementweatherconditions.JobNo.19-3668GroundEngineeringConsultants,Inc.Page19of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalCareshouldbetakenwithregardtoachievingandmaintainingpropermoisturecontentsduringplacementandcompaction.Materialsthatarenotproperlymoistureconditionedmayexhibitsignificantpumping,rutting,anddeflectionatmoisturecontentsnearoptimumandabove.Thecontractorshouldbepreparedtohandlesoilsofthistype,includingtheuseofchemicalstabilization,ifnecessary.Compactionareasshouldbekeptseparate,andnoliftshouldbecoveredbyanotheruntilrelativecompactionandmoisturecontentwithinthesuggestedrangesareobtained.CompactionStandards:SoilsthatclassifyasA-i,A-2orA-3soils(granularmaterials)inaccordancewiththeAASHTOclassificationsystem(granularmaterials),includingselect,granularfill,shouldbecompactedto95percentormoreofthemaximumdrydensityatmoisturecontentswithin2percentoftheoptimummoisturecontentasdeterminedbyAASHTOT180,themodifiedProctor.’SoilsthatclassifyasA-4,A-5,A-6orA-7shouldnotbeusedasfillforthistroiect.CutandFilledSlopes:Permanent,gradedslopessupportedbylocalsoilsupto10feetinheightshouldbeconstructednosteeperthan3:1(horizontal:vertical).Minorravelingorsurficialsloughingshouldbeanticipatedonslopescutatthisangleuntilvegetationiswellre-established.Surfacedrainageshouldbedesignedtodirectwaterawayfromslopefacesintodesigneddrainagepathwaysorstructures.Ifsteeperslopesaredesired,properlydesignedsoilreinforcementslopescouldbeconsideredprovidedslopesareprotectedagainsterosionandcontinuedmaintenanceoperationsareimplemented.WetSubgradePreparationThefollowingsubgradepreparationparametersandconsiderationsshouldbeutilizedwheresoft,wet,andunstablesubgradeconditionsareencountered:a.Inareaswhereapparentlystableconditionsarefound,thesubgradeshouldbeproof-rolled.b.Pocketsofweakorpumpingsoilsshouldbeexcavatedandreplacedwithpre-approvedcoarsegranularfill(pitrun)orroadbase.Thedepthofover-excavationwillbeontheorderofIto3feetormoretoprovideaJobNo.19-3668GroundEngineeringConsultants,Inc.Page20of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalstablesurface.Theuseofrecycledconcreteaggregatemaybeacosteffectivealternativeinthisapplication.c.Incaseswhereplacementofcoarseaggregatefilldoesnotresultinstableconditions,itwillbenecessarytoplaceawovengeotextile,Mirafi®RS5801orequivalentfabricplacedbelowthecoarseaggregatefill.d.Thesurfaceofthesubgradeshouldbeleveledpriortogeosyntheticreinforcementplacement.Veryweakorpumpingsoilsshouldbeexcavatedandreplacedwithgranularfillorroadbaseforbestperformance.Thegeosyntheticreinforcementshouldbeplaceddirectlyonthepreparedsubgrade.Placementshouldbeperformedaccordingtomanufacturer’srecommendations.e.Thegeosyntheticrollsshouldbeoverlappedinaccordancewithmanufacturer’srecommendations.f.Geosytheticreinforcementwillbedisturbedunderthewheelloadsofheavyconstructionvehicles,especiallytracktypevehicles,thereforenovehicletrafficshouldbeallowedoverthegeosyntheticreinforcementuntil8ormoreinchesofsoilhasbeenplacedover.EXCAVATIONCONSIDERATIONSExcavationDifficultyThetestholesforthesubsurfaceexplorationwereexcavatedtothedepthsindicatedbymeansofatrack-mounteddrillrigadvancingcontinuousflightaugers.Thecontractorshouldanticipatethatrelativelylargevolumesofgravels,cobbles,andbouldersarelikelytobepresentintheon-sitesoils.Thecontractorshouldbepreparedtohandletheselargeandpotentiallyawkwardmaterials.Conventionalheavy-dutyexcavationequipmentingoodworkingconditionwillbenecessary,ataminimum,anditmaybenecessarytousespecializedrock-breakingequipmentinlocalizedareas.TemporaryExcavationsandPersonnelSafetyExcavationsinwhichpersonnelwillbeworkingmustcomplywithallapplicableOSHAStandardsandRegulations,particularlyCFR29Part1926,OSHAStandards-Excavations,adoptedMarch5,1990.Thecontractor’s‘responsibleperson”shouldevaluatethesoilexposedintheJobNo.19-3668GroundEngineeringConsultants,Inc.Page21of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalexcavationsaspartofthecontractor’ssafetyprocedures.GROUNDhasprovidedtheinformationinthisreportsolelyasaservicetotheClient,andisnotassumingresponsibilityforconstructionsitesafetyorthecontractor’sactivities.Thecontractorshouldtakecarewhenmakingexcavationsnottocompromisethebearingorlateralsupportforanyadjacent,existingimprovements.Temporary,un-shoredexcavationslopesupto10feetinheight,ingeneral,becutnosteeperthan2:I(horizontal:vertical)intheon-sitesoilsintheabsenceofseepage.Somesurfacesloughingmayoccurontheslopefacesattheseangles.Shouldsiteconstraintsprohibittheuseoftheprovidedslopeangle,temporaryshoringshouldbeused.GROUNDisavailabletoperformshoringdesignuponrequestunderseparatecontract.GroundwaterGroundwaterwasencounteredinthetestholesatdepthsrangingfromapproximately3to4feetbelowexistinggradeatthetimeofdrilling.ThetestholeswerebackfilledupondrillingcompletionperCodeofColoradoRegulations(2CCR402-2).Groundwaterlevelscanbeexpectedtofluctuate,however,inresponsetoannualandlonger-termcyclesofprecipitation,irrigation,surfacedrainage,nearbyriversandcreeks,landuse,andthedevelopmentoftransient,perchedwaterconditions.Thegroundwaterobservationsperformedduringourexplorationmustbeinterpretedcarefullyastheyareshort-termanddonotcompriseagroundwaterstudy.IntheeventtheClientdesiresadditional/repeatedgroundwaterlevelobservations,GROUNDshouldbecontacted;additionalexplorationandfeeswillbenecessaryinthisregard.Itispossiblethatgroundwatermaybeencounteredinprojectexcavationsatdepthsbothshalloweranddeeperthanthoseindicatedabove.Thecontractorshouldbepreparedtodivertwaterseepageduringconstruction.Intheeventthatpumpinganddewateringisrequired,thedewateringapproachshouldultimatelybedeterminedbythecontractorbasedontheirmeansandmethodsexperience.Ifseepageorgroundwaterisencounteredduringexcavationoratanytimeduringconstruction,theGeotechnicalEngineershouldbecontactedtoevaluatetheconditions.Thepresenceofgroundwaterinthesetypesofsituationsandassociatedpotentialdesignchangescanhaveanimpacttoboththefinancialandschedulecomponentsofaproject.JobNo.19-3668GroundEngineeringConsultants,Inc.Page22of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalSurfaceWaterThecontractorshouldtakepro-activemeasurestocontrolsurfacewatersduringconstructionandmaintaingoodsurfacedrainageconditionstodirectwatersawayfromexcavationsandintoappropriatedrainagestructures.Aproperlydesigneddrainageswaleshouldbeprovidedatthetopsoftheexcavationslopes.Innocaseshouldwaterbeallowedtopondnearprojectexcavations.Temporaryslopesshouldalsobeprotectedagainsterosion.Erosionalongtheslopeswillresultinsloughingandcouldleadtoaslopefailure.AGGREGATESURFACEPAVEMENTAREASBasedontheDesignChartforAggregate-SurfacedRoadsintheFederalHighwayAdministration,GravelRoadConstructionandMaintenanceGuide,datedAugust2015,andassumingan18kipESALvalueof21,900,anallowableserviceabilitylossof2.5,resilientmodulusof5,565psiforthesubgradematerial,andanestimatedmodulusofbasematerialof10,000psi,weestimateabaselayerthicknessofatleast10inches.TheaggregatebasecourseshouldmeettherequirementsofCDOTClass6aggregatebasecourse.Priortoplacementofaggregatebasecourse,theupper12inchesoftheunderlyingmaterialshouldbeproperlycompactedandproof-rolled.Pocketsofweakorpumpingsoilsshouldbeexcavatedandreplacedwithpre-approvedcoarsegranularfill(pitrun)oraggregatebasecourse.Incaseswhereplacementofcoarseaggregatefilldoesnotresultinstableconditions,itmaybenecessarytoplaceawovengeotextile,MirafiRS580iorotherapprovedfabricplacedbelowthecoarseaggregatefill.Otherstabilizationmeasuresmaybenecessary.SeeWetSubgradePreparationsectionforadditionalsubgradepreparationparameters.Itshouldbeunderstoodthatwithanyaggregatesurface,shovinganddisplacementofthegranularmaterialsshouldbeexpectedduringrepetitivevehicular/equipmentloading.Therefore,regularmaintenanceshouldbeimplementedtoensurepropersurfaceandsubsurfacedrainage,repairdistressed/damagedareas,andre-establishgrades.Applicationofadditionalaggregatemayberequiredinthisregard.Additionally,theabilityoftheaggregatesurfaceparkinglottoaccommodatetrafficloadsisdirectlyrelatedtothequalityofthesubgradematerialsonwhichtheaggregateisplaced,notonlyontheaggregatesection.Ifwaterinfiltratestheseareas,additionalruttingandJobNo.19-3668GroundEngineeringConsultants,Inc.Page23of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalotherdistress,includingareductionincapacity,willresult,requiringadditionalmaintenance.Thecollectionanddiversionofsurfacedrainageawayfrompavedareasisextremelyimportanttothesatisfactoryperformanceoftheaggregatesurfacepavements.Allowingsurfacewaterstopondonaggregatesurfaceswillcauseprematurepavementdeterioration.PAVEMENTSECTIONS-APRON/DRIVELANEApavementsectionisalayeredsystemdesignedtodistributeconcentratedtrafficloadstothesubgrade.Performanceofthepavementstructureisdirectlyrelatedtothephysicalpropertiesofthesubgradesoilsandtrafficloadings.Thestandardcareofpracticeinpavementdesigndescribestheflexiblepavementsectionasa“20-year”designpavement:however,mostflexiblepavementswillnotremaininsatisfactoryconditionwithoutroutinemaintenanceandrehabilitationproceduresperformedthroughoutthelifeofthepavement.Pavementdesignsfortheapron/drivelaneweredevelopedingeneralaccordancewiththedesignguidelinesandproceduresoftheAmericanAssociationofStateHighwayandTransportationOfficials(AASHTO).SubgradeMaterialsBasedontheresultsofourfieldexplorationandlaboratorytesting,thepotentialpavementsubgradematerialsclassifyasA-I-atoA-2-4soilsinaccordancewiththeAmericanAssociationofStateHighwayandTransportationOfficials(AASHTO)classificationsystem.GROUNDcollectedacompositebulksamplefromthetestholes.ResilientModulus(MR)testing(AASHTOT-307)wasperformedonrepresentativecompositesamplesofthesubgradematerialsencounteredalongthealignments.Typically,theR-value,unconfinedcompressivestrength,CaliforniaBearingRatio(CBR),orotherindexpropertiesofsubgradematerialshavebeenobtainedandtheresilientmodulusobtainedonlybycorrelation.However,duetothevariabilityinthecorrelations,subjectingrepresentativesamplesofthesubgradetotheactualresilientmodulustestisthemostaccuratewaytodeterminesoilsupportcharacteristicsforuseinpavementdesign.JobNo.19-3668GroundEngineeringConsultants,Inc.Page24of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalAdynamicloadtest,theresilientmodulusmeasurestheelasticreboundstiffnessofflexiblepavementmaterials,basecourses,andsubgradesunderrepeatedloading.TheloadingcycleswereappliedundervariousconfininganddeviatoricstressesasspecifiedinAASTHOT-294.Thematerialwascompactedto95percentofmaximumdrydensityat2percentabovetheoptimum,basedonAASHTOT-180,the“modifiedProctor”.Accordingtoourtestingresults,aresilientmodulusvalueof5,565psiwasdeterminedforthesoilson-site.Itisimportanttonotethatsignificantdecreasesinsoilsupporthavebeenobservedasthemoisturecontentincreasesabovetheoptimum.Pavementsthatarenotproperlydrainedmayexperiencealossofthesoilsupportandsubsequentreductioninpavementlife.AnticipatedTrafficSpecifictrafficloadingswerenotavailableatthetimeofthisreportpreparation.Basedonourexperiencewithsimilarprojects,anequivalent18-kipdailyloadapplication(EDLA)valueof3wasassumedfortheasphaltapronanddrivelane.TheEDLAvalueof3wasconvertedtoequivalent18-kipsingleaxleload(ESAL)valueof21,900fora20-yeardesignlife.Ifanticipatedtrafficloadingsdiffersignificantlyfromtheseassumedvalues,GROUNDshouldbenotifiedtore-evaluatethepavementsectionsbelow.PavementDesignThesoilresilientmodulusandtheESALvaluewasusedtodeterminetherequireddesignstructuralnumberfortheprojectpavement.Therequiredstructuralnumberwasthenusedtodevelopthepavementsections.PavementdesignswerebasedontheDARWinTMcomputerprogramthatsolvesthe1993AASHTOpavementdesignequations.Areliabilitylevelof80percentandaterminalserviceabilityof2wereutilizedfordesignofthepavementsections.Astructuralcoefficientof0.40wasusedforhotbituminousasphaltand0.12wasusedforaggregatebasecourse.Theminimumpavementsectionsfora20-yeardesignaretabulatedbelow.JobNo.19-3668GroundEngineeringConsultants,Inc.Page25of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalMINIMUMPAVEMENTSECTIONSFlexibleSectionCompositeSectionLocation(inchesAsphalt)(inchesAsphaltfinchesAggregateBase)AsphaltApron/DriveLane53%I6Asphaltpavementshouldconsistofabituminousplantmixcomposedofamixtureofaggregateandbituminousmaterial.Asphaltmixture(s)shouldmeettherequirementsofajob-mixformulaestablishedbyaqualifiedEngineer.AggregatebasematerialshouldmeetthecriteriaofCDOTClass6aggregatebasecourse.Basecourseshouldbeplacedinuniformliftsnotexceeding8inchesinloosethicknessandcompactedtoatleast95percentofthemaximumdrydensityauniformmoisturecontentswithin2percentoftheoptimumasdeterminedbyASTMD1557IAASHTOT-160,the“modifiedProctor.”SubgradePreparationShortlybeforeplacementofpavementinallpavementareas,includingaggregatebase,theexposedsubgradesoilsshouldbescarifiedandre-compactedtoadepthofatleast12inches,inacàordancewiththeparametersprovidedintheProjectEarthworksectionofthisreport.Greaterdepthsofsubgradeprocessingwillfurtherreducepotentialpavementmovements.TheContractorshouldbepreparedeithertodrythesubgradematerialsormoistenthem,asneeded,priortocompaction.Itmaybedifficultforthecontractortoachieveandmaintaincompactioninsomeon-sitesoilsencounteredwithoutcarefulcontrolofwatercontents.Likewise,somesitesoilslikelywill“pump”ordeflectduringcompactionifmoisturelevelsarenotcarefullycontrolled.TheContractorshouldbepreparedtoprocessandcompactsuchsoilstoestablishastableplatformforpaving,includinguseofchemicalstabilization,ifnecessary.Immediatelypriortopaving,thesubgradeshouldbeproofrolledwithaheavilyloaded,pneumatictiredvehicle.Areasthatshowexcessivedeflectionduringproofrollingshouldbeexcavatedandreplacedand/orstabilized.AreasallowedtopondpriortopavingwillJobNo.19-3668GroundEngineeringConsultants,Inc.Page26of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalrequiresignificantre-workingpriortoproof-rolling.Passingaproofrollisanadditionalrequirement,beyondplacementandcompactionofthesubgradesoilsinaccordancewiththisreport.Somesoilsthatarecompactedinaccordancewiththeparametershereinmaynotbestableunderaproofroll,particularlyatmoisturecontentsintheupperportionoftheacceptablerange.AdditionalObservationsThecollectionanddiversionofsurfacedrainageawayfrompavedareasisextremelyimportanttothesatisfactoryperformanceofthepavements.Thesubsurfaceandsurfacedrainagesystemsshouldbecarefullydesignedtoensureremovalofthewaterfrompavedareasandsubgradesoils.Allowingsurfacewaterstopondonpavementswillcauseprematurepavementdeterioration.Wheretopography,siteconstraints,orotherfactorslimitorprecludeadequatesurfacedrainage,pavementsshouldbeprovidedwithedgedrainstoreducelossofsubgradesupport.Thelong-termperformanceofthepavementalsocanbeimprovedgreatlybyproperbackfillingandcompactionbehindcurbs,gutters,andsidewalkssothatpondingisnotpermittedandwaterinfiltrationisreduced.Asnotedabove,thestandardcareofpracticeinpavementdesigndescribestheflexiblepavementsectionasa“20-year”designpavement;however,mostpavementswillnotremaininsatisfactoryconditionwithoutroutine,preventivemaintenanceandrehabilitationproceduresperformedthroughoutthelifeofthepavement.Preventivepavementtreatmentsaresurfacerehabilitationandoperationsappliedtoimproveorextendthefunctionallifeofapavement.Thesetreatmentspreserve,ratherthanimprove,thestructuralcapacityofthepavementstructure.Intheeventtheexistingpavementisnotstructurallysound,thepreventivemaintenancewillhavenolong-lastingeffect.Therefore,aroutinemaintenanceprogramtosealcracks,repairdistressedareas,andperformthinoverlaysthroughoutthelifeofthepavementissuggested.Acracksealingandfogseal/chipsealprogramshouldbeperformedonthepavementsevery3to4years.Afterapproximately8to10years,patching,additionalcracksealing,andasphaltoverlaymayberequired.Priortofutureoverlays,itisimportantthatalltransverseandlongitudinalcracksbesealedwithaflexible,rubberizedcracksealantinordertoreducethepotentialforpropagationofthecrackthroughtheoverlay.TrafficJobNo.19-3668GroundEngineeringConsultants,Inc.Page27of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalvolumesthatexceedthevaluesutilizedbythisreportwilllikelynecessitatetheneedofpavementmaintenancepracticesonascheduleofshortertimeframethanthatstatedabove.Thegreatestbenefitofpreventivemaintenanceisachievedbyplacingthetreatmentsonsoundpavementsthathavelittleornodistress.GROUND’sexperienceindicatesthatlongitudinalcrackingiscommoninasphalt-pavementsgenerallyparalleltotheinterfacebetweentheasphaltandconcretestructuressuchascurbs,guttersordrainpans.Distressofthistypeislikelytooccurevenwherethesubgradehasbeenpreparedproperlyandtheasphalthasbeencompactedproperly.Theuseofthickbasecourseorreinforcedconcretepavementcanreducethis.Ourofficeshouldbecontactedifthesealternatesaredesired.Theassumedloadingdoesnotincludeexcessloadingconditionsimposedbyheavyconstructionvehicles.Consequently,heavilyloadedconcrete,lumber,andbuildingmaterialtruckscanhaveadetrimentaleffectonthepavement.Aneffectiveprogramofregularmaintenanceshouldbedevelopedandimplementedtosealcracks,repairdistressedareas,andperformthinoverlaysthroughoutthelifeofthepavements.TEMPORARYFIRETRUCKACCESSCommonly,constructionsitesarerequiredbylocalfiredepartmentstoprovidetemporaryaccessforemergencyresponse.IthasbeenGROUND’sexperiencetheseaccessdrivesaretoprovidesupportfortrucksweighingupto90,000poundsandaretypicallydesiredtobegravel/aggregate-surfaced.Basedonourexperience,atemporarysectionconsistingofatleast12inchesofmaterialmeetingtherequirementsofCDOTClass5orClass6AggregateBaseCourseoratleast8inchesofCDOTClass5orClass6AggregateBaseCourseoveralayerofstabilizationgeotextile/geofabric,suchasMirafi®RS3801ortheequivalent,couldbeutilizedprovidedtheOwnerunderstandsthatthissectionisfortemporaryaccessduringconstructiononlyandisnotareplacementoranequalalternatetothepavementsection(s)thatwasindicatedpreviously.Theaggregatebasecourseplacedforthispurposeshouldbecompactedtoatleast95percentofthemaximummodifiedProctordrydensity.Itshouldbenotedthattheaggregatebasecoursesectionsindicatedabovearenotintendedtosupportfiretruckoutriggerswithoutcribbingorsimilarmeasures.JobNo.19-3668GroundEngineeringConsultants,Inc.Page28of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalItshouldbeunderstoodthatwithanyaggregatesurface,shovinganddisplacementofthegranularmaterialsshouldbeexpectedduringrepetitivevehicular/equipmentloading.Therefore,regularmaintenanceshouldbeimplementedtoensurepropersurfaceandsubsurfacedrainage,repairdistressed/damagedareas,andre-establishgrades.Applicationofadditionalaggregatemayberequiredinthisregard.Additionally,theabilityoftheaggregatetemporaryaccessdrivetoaccommodateloadsasindicatedaboveisdirectlyrelatedtothequalityofthesubgradematerialsonwhichtheaggregateisplaced,notonlyontheaggregatesection.Ifwaterinfiltratestheseareas,additionalruttingandotherdistress,includingareductionincapacity,willresult,requiringadditionalmaintenance.CLOSUREThisreporthasbeenpreparedforSGMasitpertainstodesignoftheproposedpedestrianbridgeandparkinganddrivewayareasasdescribedherein.Itshouldnotbeassumedtocontainsufficientinformationforotherpartiesorotherpurposes.TheClienthasagreedtotheterms,conditions,andliabilitylimitationsoutlinedinourproposalbetweenSGMandGROUND.Relianceuponourreportisnotgrantedtoanyotherpotentialowner,contractor,orlender.Requestsforthird-partyrelianceshouldbedirectedtoGROUNDinwriting;grantingreliancebyGROUNDisnotguaranteed.Inaddition,GROUNDhasassumedthatprojectconstructionwillcommencebySpring/Summer2020.Anychangesinprojectplansorscheduleshouldbebroughttotheattentionofageotechnicalengineer,inorderthatthegeotechnicalconclusionsinthisreportmaybere-evaluatedand,asnecessary,modified.Thegeotechnicalconclusionsinthisreportwerebasedonsubsurfaceinformationfromalimitednumberofexplorationpoints,asshowninFigure1,aswellasthemeansandmethodsdescribedherein.Subsurfaceconditionswereinterpolatedbetweenandextrapolatedbeyondtheselocations.Itisnotpossibletoguaranteethesubsurfaceconditionsareasindicatedinthisreport.Actualconditionsexposedduringconstructionmaydifferfromthoseencounteredduringsiteexploration.Designmodificationsmaybenecessarybytheprojectteam;thismayresultinanincreaseinprojectcostsandscheduledelays.Inaddition,acontractorwhoobtainsinformationfromthisreportfordevelopmentofhisscopeofworkorcostestimatesdoessosolelyathisownriskandJobNo.19-3668GroundEngineeringConsultants,Inc.Page29of31DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalmayfindthegeotechnicalinformationinthisreporttobeinadequateforhispurposesorfindthegeotechnicalconditionsdescribedhereintobeatvariancewithhisexperienceinthegreaterprojectarea.Thecontractorshouldobtaintheadditionalgeotechnicalinformationthatisnecessarytodevelophisworkscopeandcostestimateswithsufficientprecision.Thisincludes,butisnotlimitedto,informationregardingexcavationconditions,earthmaterialusage,currentdepthstogroundwater,etc.Becauseofthenecessarilylimitednatureofthesubsurfaceexplorationperformedforthisstudy,thecontractorshouldbeallowedtoevaluatethesiteusingtestpitsorothermeanstoobtainadditionalsubsurfaceinformationtopreparehisbid.Ifduringconstruction,surface,soil,bedrock,orgroundwaterconditionsappeartobeatvariancewiththosedescribedherein,workshouldceaseandageotechnicalengineershouldberetainedatonce,sothatourconclusionsanddesignparametersforthissitemaybere-evaluatedinatimelymanneranddependentaspectsofprojectdesigncanbemodified,asnecessary.Thematerialspresenton-sitearestableattheirnaturalmoisturecontent,butmaychangevolumeorlosebearingcapacityorstabilitywithchangesinmoisturecontent.Performanceoftheproposedimprovementswilldependonimplementationoftheconclusionsandinformationinthisreportandonpropermaintenanceafterconstructioniscompleted.Becausewaterisasignificantcauseofvolumechangeinsoilsandrock,allowingmoistureinfiltrationmayresultinmovements,someofwhichwillexceedestimatesprovidedhereinandshouldthereforebeexpectedbySGM.ALLDEVELOPMENTCONTAINSINHERENTRISKS.ItisimportantthatALLaspectsofthisreport,aswellastheestimatedperformance(andlimitationswithanysuchestimations)ofproposedimprovementsareunderstoodbySGM.Utilizingthegeotechnicalparametersandmeasureshereinforplanning,design,and/orconstructionconstitutesunderstandingandacceptanceoftheconclusionswithregardtoriskandotherinformationprovidedherein,associatedimprovementperformance,aswellasthelimitationsinherentwithinsuchestimates.EnsuringcorrectinterpretationofthecontentsofthisreportbyothersisnottheresponsibilityofGROUND.Ifanyinformationreferredtohereinisnotwellunderstood,itisimperativethatSGMortheownercontacttheauthororaGROUNDprincipalimmediately.WewillbeavailabletomeettodiscusstheJobNo.19-3668GroundEngineeringConsultants,Inc.Page30of31DocuSign 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BrushCreekValleyTrailandBridgeEagle,ColoradoFinalSubmittalrisksandremedialapproachespresentedinthisreport,aswellasotherpotentialapproaches,uponrequest.Currentapplicablecodesmaycontaincriteriaregardingperformanceofstructuresand/orsiteimprovementswhichmaydifferfromthoseprovidedherein.Ourofficeshouldbecontactedregardinganyapparentdisparity.GROUNDmakesnowarranties,eitherexpressedorimplied,astotheprofessionaldata,opinionsorconclusionscontainedherein.BecauseofnumerousconsiderationsthatarebeyondGROUND’scontrol,theeconomicortechnicalperformanceoftheprojectcannotbeguaranteedinanyrespect.Thisdocument,togetherwiththeconceptsandconclusionspresentedherein,asaninstrumentofservice,isintendedonlyforthespecificpurposeandclientforwhichitwasprepared.Re-useof,orimproperrelianceonthisdocumentwithoutwrittenauthorizationandadaptionbyGROUNDEngineeringConsultants,Inc.,shallbewithoutliabilitytoGROUNDEngineeringConsultants,Inc.GROUNDappreciatestheopportunitytocompletethisportionoftheprojectandwelcomestheopportunitytoprovideSCMortheownerwithaproposalforconstructionobservationandmaterialstesting.Sincerely,GROUNDEngineeringConsultants,Inc.2827i10.23.19AmYCrandall,P.E.ReviewbyJasonA.Smith,REM,P.E.JobNo.19-3668GroundEngineeringConsultants,Inc.Page31of3lDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 GROUNDENGDNEEINCONSULTANTSLOCATIONOFTESTHOLESJOBNO.:19-3668FIGURE:1(NottoScale)CADFILENAME:3668S1TE.DWGIndicatestestholenumberandapproximatelocation.DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 •,C.....0-UzSITEPLANPROVIDEDBYCLIENT•Indicatestestholenumberandapproximatelocation.N(NottoScale)ERGUNDENGONEE]NCONSULTANTSLOCATIONOFTESTHOLESJOBNO.:19-3668FIGURE:1ACADFILENAME:3668S1TE.DWG00I--D>z0F,>-nI0-oz.....oF,>•••4(6••.•.•.•.//..,,rI2-Ti..F-..0o0DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDSUBSURFACEDIAGRAMENGINEERINGCLIENT:SCMPROJECTNAME:BrushCreekValleyTrailandBridgeJOBNO.:19-3668PROJECTLOCATION:Eagle,CO6,9256,92512ELEV.6920ELEV.69206,9206,9204/126,915=8-17-16,915P’1..-8-14-1678121223116,910.P6,910-9-12-16....__°--12-18-156,905..6,905.2..15-9-186,900“D-17-12-15.••••6,900jJ)o..)J-10-15-146,895.).‘_6,895o.D°D.0-28-26-206,890.950/46,890-28-25-256,88550/i16,885I—)o44.j-50/116,880-50/126,8806,8756,875DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 a0It)0U)0U)0It)CIUD____0U,DCD0Ha)‘—C0caU)üiZJI-I-:::C..)C.):Uzth_________LIJCl)U)0U)0U)0U)00)0)CDCDCDCDm(14)UOqeAaI3DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDKEYTOSYMBOLSENGINEERINGCLIENT:SGM______________________PROJECTNAME:BrushCreekValleyTrailandBridgeJOBNO.:19-3668PROJECTLOCATION:Eagle,COLITHOLOGICSYMBOLSSAMPLERSYMBOLSCaliforniaSamplerTOPSOIL23/12Drivesampleblowcountindicates23blowsofa140poundhammerfalling30incheswererequiredtodrivethesampler12inches.FILL/SplitSpoonSANDANDGRAVELSILTANDCLAYNOTES:1.Testholesweredrilledon8/9/2019with6”and4”DiameterContinuousFlightAuger.2.Locationsofthetestholesweremeasuredapprodmatelybypacingfromfeaturesshownonthesiteplanprovided.3.Elevationsoftestholeswereestimatedfromclientprovideddocuments.4.Thetestholelocationsandelevationsshouldbeconsideredaccurateonlytothedegreeimpliedbythemethodused.5.Thelinesbetweenmaterialsshownonthetestholelogsrepresenttheapprodmateboundariesbetweenmaterialtypesandthetransitionsmaybegradual.6.Groundwaterlevelreadingsshownonthelogsweremadeatthemeandundertheconditionsindicated.Fluctuationsinthewaterlevelmayoccurwithtime.7.Thematerialdescriptionsontheselogsareforgeneralclassificationpurposesonly.Seefulltextofthisreportfordescriptionsofthesitematerials&relatedinformation.8.Alltestholeswereimmediatelybackfilleduponcompletionofdrilling,unlessotherwisespecifiedinthisreport.NOTE:SeeDetailedLogsforMaterialdescriptions.ABBREVIATIONSWaterLevelatlimeofDrilling,orasShown-NVNoValueVWaterLevelatEndofDriVing,orasShownNPNonPlasticIWaterLevelAfter24Hours,orasShownDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDENGINEERINGBrushCreekValleyTrailandBridgeProjectNo.:19-3668U)U)Co>-aCU)U)Co0a)>CoEciCoarseGradationFineGradationGradingUSStandardParticleSizePassingbyUSStandardParticleSizePassingbyCoefficientValueSieve(mm)Mass(%)Steve(mm)Mass(%)6in150-No.44.7521090#NIA5in125-No.82.36-D85#N/A4in100-No.102.0016D80#N/A3m75-No.161.1814D6018.6722.5in63-No.200.85-D5015.9172in50-No.300.60-D4013.5681.5in37.5-No.400.42511D3010.4251in25.061No.500.3009D151.3813/4in19.061No.600.250-0100.3601/2in12.535No.1000.15070051-3/8in9.528No.1400.106-Cu51.823No.44.7521No.2000.0755.1Cc16.155PlasticityIndex:NPSilt/Clay(%):5ResultsapplyonlytothespecificitemsandlocationsreferencedandatthetimeoftestingThisreportshouldnotbereproduced,exceptinfull,withoutthewrittenpermissionofGROUNDEngineeringConsultants,Inc.www.groundeng.comEnglewood,CommerceCity,Loveland,Granby,GypsumFIGURE5Gradation(ASTMD422-63[2007])USStandardSieves3”2N”2’1W1481016203040506010014020010090807060504030201001001010.10.01ParticleSize(mm)Location:1at5feetClassification:P-GM)sIA-i-aGravel(%):79Description:GRAVELwithSiltLiquidLimit:NVSand(%):16DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDENGINEERINGU)U)(0>,-atzU)U)(00a)>(0D2D0BrushCreekValleyTrailandBridgeProjectNo.:19-3668Coarse_GradationFineGradationGradingUSStandardParticleSizePassingbyUSStandardParticleSizePassingbyCoefficientValueSieve(mm)Mass(%)Sieve(mm)Mass(%)6in150-No.44.7561D9012.8145in125-No.82.36-D8510.4584in100-No.102.0049D808.7153in75-No.161.1842D604.3182.5in63-No.200.85-D502.1712in50-No.300.60-D400.9061.5in37.5-No.400.42533D300.2711in25.0-No.500.30031D15-3/4in19.0100No.600.250-D10-1/2in12.589No.1000.15026D05-3/8in9.583No.1400.106-Cu-No.44.7561No.2000.07521.3Cc-Location:1at8feetDescription:SiltySANDwithGravelClassification:SM)g/A-i-b(0LiquidLimit:NVPlasticityIndex:NPGravel(%):Sand(%):Silt/Clay(%):ResultsapplyonlytothespeciFicitemsandlocationsreferencedandatthetimeoftestingThisreportshouldnotbereproduced,exceptinfull,withoutthewrittenpermissionofGROUNDEngineeringConsultants,Incwww.groundeng.comEnglewood,CommerceCity,Loveland,Granby,GypsumFIGURE6Gradation(ASTMD422-63[2007])USStandardSieves810162010090807060504030201001001010.10.01ParticleSize(mm)394021DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDENGINEERINGCo(aCs>c,)C(aU)Cs0a)>CsEciBrushCreekValleyTrailandBridgeProjectNo.:19-3668CoarseGradationFineGradationGradingUSStandardParticleSizePassingbyUSStandardParticleSizePassingbyCoefficientValueSieve(mm)Mass(%)Sieve(mm)Mass(¾)6in150-No.44.754109022.4355in125-No.82.36-D8521.2534inf100-No.102.0034D8020.1333m75-No.161.1830D6011.1482.5in63I-No.200.85-D507.8752in50-No.300.60-D404.1251.5in37.5-No.400.42523D301.2551in25.0100No.500.30021D150.1263/4in19.075No.600.250-D10-1/2in12.565No.1000.15016005-3/8in9.553No.1400.106-Cu-No.44.7541No.2000.07511.9Cc-Resultsapplyonlytothespecificitemsandlocationsreferencedandatthetimeoftesting.Thisreportshouldnotbereproduced,exceptinfull,withoutthewrittenpermissionofGROUNDEngineeringConsultants,Inc.www.groundeng.comEnglewood,CommerceCity,Loveland,Granby,GypsumFIGURE:7Gradation(ASTMD422-63[2007])USStandardSieves81016203040506010090807060504030201001001010.10.01ParticleSize(mm)Location:1at12feetClassification:P-GM)s/A-i-aGravel(%):59Description:GRAVELwithSiltLiquidLimit:NVSand(%):29PlasticityIndex:NPSilt/Clay(%):12DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDENGINEERINGBrushCreekValleyTrailandBridgeProjectNo.:19-3668Gradation(ASTMD422-63[2007])ParticleSize(mm)CoarseGradationFineGradationGradingUSStandardParticleSizePassingbyUSStandardParticleSizePassingbyCoefficientValueSieve(mm)Mass(%)Sieve(mm)Mass(%)6in150-No.44.7559D9014.5945in125-No.82.36-D8512.7904in100-No.102.0046D8010.9323in75-No.161.1841D605.0232.5in63-No.200.85-D502.6112in50-No.300.60-D401.0871.5in37.5-No.400.42531D300.3481in25.0-No.500.30029D15-3/4in19.0100No.600.250-D10-1/2in12.584No.1000.15025DOS-3/8in9.576No.1400.106-Cu-No.44.7559No.2000.07521.5Cc-Location:1at40feetDescription:SiltyGRAVELClassification:GM)s/A-i-b(CLiquidLimit:NVPlasticityIndex:NPGravel(%):Sand(%):Silt/Clay(%):ResultsapplyonlytothespecificitemsandlocationsreferencedandatthetimeoftestingThisreportshouldnotbereproduced,exceptinfull,withoutthewrittenpermissionofGROUNDEngineeringConsultants,Inc.www.groundeng.comEnglewood,CommerceCity,Loveland,Granby,GypsumFIGURE:8USStandardSieves32W2”1W1”WW’h”48101620304050601001402001009080706050403020100U,U,C’,-aU)COCu0a)>(0EU---------------r-zzt:h:i::I*_tzt::ii:::::HiiI:jLl’1001010.10.01413821DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDENGINEERINGCOCOto>,toCCOCOCo00)>CuDEciBrushCreekValleyTrailandBridgeProjectNo.:19-3668CoarseGradationFineGradationGradingUSStandardParticleSizePassingbyUSStandardParticleSizePassingbyCoefficientValueSieve(mm)Mass(%)Sieve(mm)Mass(%)6in150-No.44.7555D9015.4465in125-No.82.36-D8511.9264in100-No.102.0046D8010.7313in75-No.161.1843D605.7232.5in63-No.200.85-D502.8962in50-No.300.60-D400.7761.5in37.5-No.400.42536D300.2071in25.0100No.500.30033D15-3/4in19.093No.600.250-D10-1/2in12.587No.1000.15027D05-3/8in9.574No.1400.106-Cu-No.44.7555No.2000.07520.7Cc-LiquidLimit:PlasticityIndex:Gravel(%):25Sand(%):4Silt/Clay(%):453421Resultsapplyonlytothespecificitemsandlocationsreferencedandatthetimeoftesting.Thisreportshouldnotbereproduced,exceptinfull,withoutthewnttenpermissionofGROUNDEngineeringConsultants,Inc.www.groundeng.comEnglewood,CommerceCity,Loveland,Granby,GypsumFIGURE9Gradation(ASTMD422-63[2007])USStandardSieves3”2Y”2”1’/”1”‘/.“W%”481016203040506010014020010090807060504030201001001010.10.01ParticleSize(mm)Location:2at14feetDescription:Silty,ClayeyGRAVELwithSandClassification:D-GM)sIA-i-bDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDENGINEERINGBrushCreekValleyTrailandBridgeProjectNo.:19-3668CoCoCo>.‘-DDlC•U)Cl)(00a)>CoE0Gradation(ASTMD422-63[2007])ParticleSize(mm)CoarseGradationFineGradationGradingUSStandardParticleSizePassingbyUSStandardParticleSizePassingbyCoefficientValueSieve(mm)Mass(%)Sieve(mm)Mass(%)6in150-No.44.7568D9012.4425in125-No.82.36-D8510.5044in100-No.102.0055D808.6173in75-No.161.1848D602.8762.5in63-No.200.85-D501.3742in50-No.300.60-D400.5561.5in37.5-No.400.42537D300.1951in25.0-No.500.30034D15-3/4in19.0100No.600.250-Di0-1/2in12.590No.1000.15028D05-3/8in9.582No.1400.106-Cu-No.44.7568No.2000.07522.0Cc-Location:2at24feetDescription:SiltySANDwithGravelClassification:SM)g/A-i-b(0LiquidLimit:NVPlasticityIndex:NPGravel(%):Sand(%):Silt/Clay(%):ResultsapplyonlytotheopecicifemsandlocationsreferencedandatthetimeoftestingThisreportshouldnotbereproduced,exceptinfull,withoutthewnttenpermissionofGROUNDEngineenngconsultants,IncFIGURE:1032W’2’1W’1”WW’%“USStandardSieves4810152030405060100140200100908070605040302010ZZEZSLHHEE1E’EHII-LEEE01001010.10.01324622www.groundeng.cornEnglewood,CommerceCity,Loveland,Granby,GypsumDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 IRGUNDENGINEERINGBrushCreekValleyTrailandBridgeProjectNo.:19-3668Gradation(ASTMD422-63[2007])CoarseGradationFineGradationGradingUSStandardParticleSizePassingbyUSStandardParticleSizePassingbyCoefficientValueSieve(mm)Mass(%)Sieve(mm)Mass(%)6in150-No.44.7550D9014.2145in125-No.82.36-08512.3264100-No.102.0035D8010.9083in75-No.161.18310606.3152.5in63-No.200.85-D50#DIVIO!2in50-No.300.60-D402.6511.5in37.5-No.400.425230301.0751in25.0-No.500.30021D150.1163/4in19.0100No.600.250-D10-1/2in12.586No.1000.15017005-3/8in9.574No.1400.106-Cu-No.44.7550No.2000.07511.9Cc-Location:P-iat4feetDescription:GRAVELwithSiltClassification:P-GM)sIA-i-aGravel(%):LiquidLimit:NVSand(%):PlasticityIndex:NPSilt/Clay(%):Resultsapplyonlytothespecificitemsandlocationsreferencedandatthetimeoftesting.Thisreportshouldnotbereproduced,exceptinfull,withoutthewrittenpermissionofGROUNDEngineeringConsultants,Incwww.groundeng.comEnglewood,CommerceCity,Loveland,Granby,GypsumFIGURE:11USStandardSieves81016203040506010014020060(I)(‘3>50-QcoC‘40(‘30.30Ca2001001010.10.01ParticleSize(mm)503812DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDENGINEERINGU)U)(0>£3C)CU)U)(0aU)>(0E0BrushCreekValleyTrailandBridgeProjectNo.:19-3668CoarseGradationFineGradationGradingUSStandardParticleSizePassingbyUSStandardParticleSizePassingbyCoefficientValueSieve(mm)Mass(%)Sieve(mm)Mass(%)6in150-No.44.7520D9048.2975in125-No.82.36-D8540.6134in100-No.102.0016D8034.1513m7599No.161.1814D6021.4972.5in63-No.200.85-D5018.3482in5091No.300.60-04012.9441.5in37.5-No.400.42511D309.9861in25.071No.500.3009D151.3813/4in19.051No.600.250-D100.3601/2in12.539No.1000.15070050.0983/8in9.528No.1400.106-Cu59.666No.44.7520No.2000.0754.0Cc12.875Location:CreekBottomDescription:GRAVELwithSiltClassification:P-GM)s/A-i-aLiquidLimit:NVPlasticityIndex:NPGrave/(%):Sand(%):Silt/Clay(%):Resultsapplyonlytothespecificitemsandlocationsreferencedandatthetimeoftesting.Thisreportshouldnotbereproduced,exceptinfull,withoutthewrittenpermissionofGROUNDEngineeringConsultants,Inc.FIGURE12Gradation(ASTMD422-63[2007])USStandardSieves32%’2”1%”1“%“%“%“481016203040506010014020010090807060504030201001001010.10.01ParticleSize(mm)80164www.groundeng.camEnglewood,CommerceCity,Loveland,Granby,GypsumDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 CDp-)HC’,CDC,ocC’,ElasticSeismicCoefficient,CsmT0=O.073CC’)L_________1J—0,p01CpP90pppp000--MMC.C).ocr1007007007Q)Cl)CD00p0pMpT6O.366-—//‘iiCoG)zmCO-U0zU)mCo-Um0—1Cm00(0Z4ZLZLDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 GRGUNDENGINEERINGBrushCreekValleyTrailandBridgeTABLE1:SUMMARYOFLABORATORYTESTRESULTSSampleLocationNaturalNaturalAtterbergLimitsSwelllConsolidationUnconfinedAASHTOVolumeSurchargeCompressiveUSCSEquivalentSampleDescriptionDepthMoistureDr’GravelSandFinesLiquidPlasticityChangePressurestrengthEquivalentClassificationTestHoleContentDensityLimitIndexClassification(feet)(%)(pci)(%)(%)(%)(%)(psi)(psi)(ksf)(GroupIndex)158.2-79165NVNP---(GP-GM)sA-i-a(0)GRAVELwithSilt1816.8-394021NVNP---(SM)gA-i-b(0)SiltySANDwithGravel11210.9-592912NVNP---(GP-GM)sA-1-a(0)GRAVELwIthS1It14010.0SD413822NVNP---(GM)sA-1-b(0)S1ItyGRAVEL2322.095.0--59277-0.5375--s(CL-ML)A-4(2)FILL:SandySILT/CLAY21413.8-453421254---(GC-GM)sA-1-b(0)Silty,ClayeyGRAVELwithSand22414.3-324622NVNP---(SM)gA-1-b(0)SIItySANDwithGravel23912.2119.5--832910--49.37.1(CL)sA-4(7)CLAYwithSandP-I48.1SD503812NVNP---(GP-GM)sA-1-a(0)GRAVELw1thSiltP-2213.1107.4--16329-0.1200-SCA-2-4(0)FILL:ClayeySANDCreekBottomRG--80164NPNP---(GP-GM)sA-I-a(0)GRAVELwithSiftSD=Sampledisturbed,NV=Novalue,NP=Non-plastic,RG=RoughGradeDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Brush Creek Valley Trail and Bridge TABLE 2:SUMMARY OF SOIL CORROSION TEST RESULTS Sample Location Water Redox USCS AASHTO Soluble Sulfide Resistivity Equivalent Depth pH Potential Equivalent Sample Description Test Hole Sulfates Reactivity ClassificationClassification feet ¾mV ohm-cm (Group Index) P-I 4 0.06 9.0 -112 Trace 3,565 (GP-GM)s A-1-a(O)GRAVELw1thSIIt ERGUND ENGINEERING DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 AppendixA:DetailedLogsandNotes.4DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 o‘lZ))o)(TESTHOLEIPAGE1OF1GRDUNDENGINEERINGCLIENT:5GMJOBNO.:PROJECTNAME:BrushCreekValleyTrailandBridgePROJECTLOCATION:a—>IDC1)I—IMATERIALDESCRIPTION-00EU)zMAN41ADEFILL;SilVclayandsandswithgravals,wasfinetocoarsegrained,lowplastic,varymoisttowet,andgraytobrownincolor.SANDandGRAVEL;Interebedded,finetocoarsegrainedwithcobblesendboulderspossible,non-plastictolowplastic,mediumdensetoverydense,moisttowet,andreddishgraytoreddishbrownincolor.SILTICLAY:Sandy,finegrained,lowtomediumplastic,verystifftohard,moisttowet,andreddishgraytoreddishbrowntograyincolor.20SANDandGRAVEL;Interebedded,finetocoarsegrainedwithcobblesandboulderspossible,non-plastictolowplastic,mediumdensetoverydense,moisttowet,andreddishgraytoreddishbrownincolor.GMBottomofboreholeatApprox.41feet.DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERDUNDENGINEERINGPROJECTNAME:BwshCreekValleyTrailandBridgeTESTHOLE2PAGE1OF1)oC).ct)))cC><12-18-13.8\/1o-15-14314CLIENT:SGMJOBNO.:PROJECTLOCATION:Eacle.COa)AHERBERSa)—s—.-.E)LIMITS‘aMATERIALDESCRIPTIONi’2(.cjZ0.—ZQJ4/1222.095.059277-0.5@37581>\12-23-TOPSOILMAN-MADEFILL:SilUclayandsandswithgravels,wasfinetocoarsegrained,lowplastic,verymoisttowet,andgraytobrownincoTor.SANDandGRAVEL:Interebedded,finetocoarsegrainedwithcobblesandboulderspossible,non-plastictolowplastic,mediumdensetoverydense,moisttowet,andreddishgraytoreddishbrownincolor./<SILT/CLAY:Sandy,finegrained,lowtomediumplastic,verystifftohard,moisttowet,andreddishgraytoreddishbrowntograyincolor.15-9-/\18689030CL-MLGC-GfSM7.1CLN,”28-26-/20\,‘28-25-/“*\25fr50/1112.2119.5832910BottomofboreholeatApprox.40feet.DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 ERGUNDTESTHOLEP.1ENGINEERINGCLIENT:SGMPROJECTNAME:BrushCreekValleyTrailandBridgeJOBNO.:ig-3668PROJECTLOCATION:Eagle,CO,AUERBERGwQ)LIMITSCMATERIALDESCRIPTION(/)U.-—OojmU)zoU)1000X\/MAN-MADEFILL:Silt/clayandsandswithgravels,-wasfinetocoarsegrained,lowplastic,verymoisttoF“wet,andgraytobrownincolor./13/12-6.SANDandGRAVEL:Interebedded,finetocoarse.“0grainedwithcobblesandboulderspossible,)‘non-plastictolowplastic,mediumdensetovery.-.-dense,moisttowet,andreddishgraytoreddishbrownincolor.31/128.1SD12NVNPGP-GMdOBottomofboreholeatApprox.9feet.DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 GRGUNDTESTHOLEP-2ENGINEERINGCLIENT:SGMPROJECTNAME:BrushCreekValleyTrailandBridgeJOBNO.:19-3668PROJECTLOCATION:EaqçCO,AUERBERG,a)ci)LIMITSMATERIALDESCRIPTION—isEoCa)D.CDUCDz.zo-JU)1000YX<MAN-MADEFILL:Silt/clayandsandswithgravels,-wasfinetocoarsegrained,lowplastic,verymoisttowet,andgraytobrownincolor.-11/1213110741632901@200SC7c’SANDandGRAVEL:Interebedded,finetocoarse-grainedwithcobblesandboulderspossible,-non-plastictolowplastic,mediumdensetovery955‘odense,moisttowet,andreddishgraytoreddish‘brownincolor.o-23/12BottomofboreholeatApprox.6feet.DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SACRAMENTO DISTRICT 1325 J STREET SACRAMENTO CA 95814-2922 October 3, 2019 Regulatory Division (SPK-2019-00690) Eagle County Open Space Attn: Ms. Diane Mauriello 500 Broadway St. Eagle, Colorado 81631 diane.mauriello@eaglecounty.us Dear Ms. Mauriello: We are responding to your pre-construction notification for a Department of the Army (DA) permit for the Brush Creek Trailhead Project. The approximately 4.85-acre project site is located near 5200 Brush Creek Rd., in the northeast ¼ of Section 14, Township 5 South, Range 84 West, Sixth Principal Meridian, at Latitude 39.62183°, Longitude ‐106.77303°, 3 miles southeast of the Town of Eagle, in Eagle County, Colorado. Based on the information you provided to this office, the Brush Creek Trailhead Project involves the discharge of fill material into approximately 697 square feet of waters of the United States for the construction of a bridge, subject to Section 404 of the Clean Water Act. The specific activities that require DA authorization include the removal of existing abandoned abutments, installation of new abutments, regrading of the stream channel and banks, and the placement of riprap armoring to protect the abutments. These activities will result in permanent impacts to 305 square feet of perennial stream, and 392 square feet of palustrine emergent wetland. The proposed activities would be conducted in accordance with the Pre-Construction Notification, dated September 26, 2019. We have determined that activities in waters of the United States associated with the project are authorized by Nationwide Permit (NWP) 14 – Linear Transportation Projects. You must comply with all terms and conditions of the NWP and applicable regional conditions. Enclosed is information about the NWP terms and conditions and Sacramento District regional conditions for Colorado (Enclosure 1). Please note, per General Condition 30, you must sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized work (Enclosure 2). This verification is valid until March 18, 2022, when the existing NWPs are scheduled to be modified, reissued, or revoked. Furthermore, if you commence or are under contract to commence this activity before the date the NWP is modified, reissued, or revoked, you will have 12 months from the date of the modification, reissuance or revocation to complete the activity under the present terms and conditions. Failure to comply with the DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 -2- general and regional conditions of this NWP may result in the suspension or revocation of your authorization. Please refer to identification number SPK-2019-00690 in any correspondence concerning this project. If you have any questions, please contact Tucker Feyder at the Colorado West Section, 400 Rood Avenue, Room 224, Grand Junction, Colorado 81501, by email at tucker.j.feyder@usace.army.mil, or telephone at (970) 243-1199 extension 1017. We would appreciate your feedback on this permit action including your interaction with our staff and processes. For more information about our program or to complete our Regulatory Program national customer service survey, visit our website at www.spk.usace.army.mil/Missions/Regulatory.aspx. Sincerely, Benjamin R. Wilson Regulatory Project Manager Colorado West Section Enclosures 1.NWP 14 and CO Regional Conditions 2.Compliance Certification cc: (w/ encls) Mr. Alex Nees, SGM-Inc., alexn@sgm-inc.com Ms. Morgan Beryl, Eagle County, morgan.beryl@eaglecounty.us DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 BUILDING STRONG® U.S. ARMY CORPS OF ENGINEERS – SACRAMENTO DISTRICT 1325 J ST. – SACRAMENTO, CA 95814 www.spk.usace.army.mil  www.facebook.com/sacramentodistrict www.youtube.com/sacramentodistrict www.twitter.com/USACESacramento  www.flickr.com/photos/sacramentodistrict Nationwide Permit Summary 33 CFR Part 330; Issuance of Nationwide Permits – March 19, 2017 14. Linear Transportation Projects. Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge cannot cause the loss of greater than 1/ 3- acre of waters of the United States. Any stream channel modification, including bank stabilization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. Temporary fills must be removed in their entirety and the affected areas returned to preconstruction elevations. The areas affected by temporary fills must be revegetated, as appropriate. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) The loss of waters of the United States exceeds 1/10-acre; or (2) there is a discharge in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under section 404(f) of the Clean Water Act (see 33 CFR 323.4). Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require preconstruction notification (see paragraph (b) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, ‘‘District Engineer’s Decision.’’ The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). A.Regional Conditions 1. Regional Conditions for California, excluding the Tahoe Basin http://www.spk.usace.army.mil/Portals/12/documents/regula tory/nwp/2017_nwps/Final_SPK_Regional_Conditions_for _California.pdf?ver=2017-03-23-120307-207 2.Regional Conditions for Nevada, including the Tahoe Basin hhttp://www.spk.usace.army.mil/Portals/12/documents/regu latory/nwp/2017_nwps/Final_SPK_Regional_Conditions_fo r_Nevada.pdf?ver=2017-03-23-120306-910 3.Regional Conditions for Utah http://www.spk.usace.army.mil/Portals/12/documents/regula tory/nwp/2017_nwps/Final_SPK_Regional_Conditions_for _Utah.pdf?ver=2017-03-23-120303-503 4.Regional Conditions for Colorado. http://www.spk.usace.army.mil/Portals/12/documents/regula tory/nwp/2017_nwps/Final_2017_Regional_Conditions_in_ Colorado.pdf?ver=2017-03-23-133821-047 B.Nationwide Permit General Conditions Note: To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/ or Coastal Zone Management Act consistency for an NWP. Every person who may wish to obtain permit authorization under one Enclosure 1 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 2 or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization.  1. Navigation.  (a) No activity may cause more than a minimal adverse effect on navigation.  (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee’s expense on authorized facilities in navigable waters of the United States.  (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration.  2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity’s primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements.  3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized.  4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable.  5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27.  6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act).  7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization.  8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable.  9. Management of Water Flows. To the maximum extent practicable, the preconstruction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the preconstruction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities).  10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements.  11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance.  12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides.  13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre- construction elevations. The affected areas must be revegetated, as appropriate.  14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization.  15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project.  16. Wild and Scenic Rivers.  (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 3  (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre- construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status.  (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/.  17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.  18. Endangered Species.  (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which ‘‘may affect’’ a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur.  (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If preconstruction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.  (c) Non-federal permittees must submit a pre- construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre- construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity ‘‘may affect’’ or will have ‘‘no effect’’ to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre- construction notification. In cases where the non- Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have ‘‘no effect’’ on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.  (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species specific permit conditions to the NWPs.  (e) Authorization of an activity by an NWP does not authorize the ‘‘take’’ of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with ‘‘incidental take’’ provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where ‘‘take’’ means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word ‘‘harm’’ in the definition of ‘‘take’’ means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.  (f) f the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 4 does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required.  (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide Web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively.  19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether ‘‘incidental take’’ permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity.  20. Historic Properties.  (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied.  (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre-construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106.  (c) Non-federal permittees must submit a pre- construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the preconstruction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed.  (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non- Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non- Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.  (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/ THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 5 interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties.  21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.  22. Designated Critical Resource Waters. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment.  (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters.  (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal.  23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal:  (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site).  (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal.  (c) Compensatory mitigation at a minimum one-for- one ratio will be required for all wetland losses that exceed 1⁄10-acre and require preconstruction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1⁄10-acre or less that require preconstruction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects.  (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to- replace resources (see 33 CFR 332.3(e)(3)).  (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses.  (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332.  (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 6  (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)).  (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation.  (4) If permittee-responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)).  (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided.  (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)).  (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1⁄2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1⁄2- acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs.  (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee-responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management.  (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level.  24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety.  25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality.  26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements.  27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination.  28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre.  29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 7 verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. ---------------------------------------------------------------- (Transferee) ---------------------------------------------------------------- (Date)  30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee-responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include:  (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity-specific conditions;  (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and  (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later.  31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a ‘‘USACE project’’), the prospective permittee must submit a preconstruction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification.  32. Pre-Construction Notification.  (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either:  (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or  (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is ‘‘no effect’’ on listed species or ‘‘no potential to cause effects’’ on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 8  (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information:  (1) Name, address and telephone numbers of the prospective permittee;  (2) Location of the proposed activity;  (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity;  (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);  (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;  (6) If the proposed activity will result in the loss of greater than 1⁄10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.  (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre- construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act;  (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre- construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act;  (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the ‘‘study river’’ (see general condition 16); and  (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project.  (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 9 and supporting materials if the district engineer has established tools and procedures for electronic submittals.  (d) Agency Coordination:  (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal.  (2) Agency coordination is required for: (i) All NWP activities that require pre-construction notification and result in the loss of greater than 1⁄2- acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre-construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.  (3) When agency coordination is required, the district engineer will immediately provide (e.g., via email, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the preconstruction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre- construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.  (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act.  (4) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of preconstruction notifications to expedite agency coordination. C. District Engineer’s Decision  1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1⁄2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1⁄2- acre.  2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 10 resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site-specific environmental concerns.  3. If the proposed activity requires a PCN and will result in a loss of greater than 1⁄10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer.  4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) That the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. D. Further Information 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). E. Definitions Best management practices (BMPs): Policies, practices, procedures, or structures implemented to mitigate the adverse environmental effects on surface water quality resulting from development. BMPs are categorized as structural or non- structural. Compensatory mitigation: The restoration (re-establishment or rehabilitation), establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. Currently serviceable: Useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. Direct effects: Effects that are caused by the activity and occur at the same time and place. Discharge: The term ‘‘discharge’’ means any discharge of dredged or fill material into waters of the United States. Ecological reference: A model used to plan and design an aquatic habitat and riparian area restoration, enhancement, or establishment activity under NWP 27. An ecological reference may be based on the structure, functions, and dynamics of an aquatic habitat type or a riparian area type that currently exists in the region where the proposed NWP 27 activity is located. Alternatively, an ecological reference may be based on a conceptual model for the aquatic habitat type or riparian area type to be restored, enhanced, or established as a result of the DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 11 proposed NWP 27 activity. An ecological reference takes into account the range of variation of the aquatic habitat type or riparian area type in the region. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area. Ephemeral stream: An ephemeral stream has flowing water only during, and for a short duration after, precipitation events in a typical year. Ephemeral stream beds are located above the water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall is the primary source of water for stream flow. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area. High Tide Line: The line of intersection of the land with the water’s surface at the maximum height reached by a rising tide. The high tide line may be determined, in the absence of actual data, by a line of oil or scum along shore objects, a more or less continuous deposit of fine shell or debris on the foreshore or berm, other physical markings or characteristics, vegetation lines, tidal gages, or other suitable means that delineate the general height reached by a rising tide. The line encompasses spring high tides and other high tides that occur with periodic frequency but does not include storm surges in which there is a departure from the normal or predicted reach of the tide due to the piling up of water against a coast by strong winds such as those accompanying a hurricane or other intense storm. Historic Property: Any prehistoric or historic district, site (including archaeological site), building, structure, or other object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria (36 CFR part 60). Independent utility: A test to determine what constitutes a single and complete non-linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. Indirect effects: Effects that are caused by the activity and are later in time or farther removed in distance, but are still reasonably foreseeable. Intermittent stream: An intermittent stream has flowing water during certain times of the year, when groundwater provides water for stream flow. During dry periods, intermittent streams may not have flowing water. Runoff from rainfall is a supplemental source of water for stream flow. Loss of waters of the United States: Waters of the United States that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredged or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a waterbody. The acreage of loss of waters of the United States is a threshold measurement of the impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Waters of the United States temporarily filled, flooded, excavated, or drained, but restored to pre- construction contours and elevations after construction, are not included in the measurement of loss of waters of the United States. Impacts resulting from activities that do not require Department of the Army authorization, such as activities eligible for exemptions under section 404(f) of the Clean Water Act, are not considered when calculating the loss of waters of the United States. Navigable waters: Waters subject to section 10 of the Rivers and Harbors Act of 1899. These waters are defined at 33 CFR part 329. Non-tidal wetland: A non-tidal wetland is a wetland that is not subject to the ebb and flow of tidal waters. Nontidal wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high tide line). Open water: For purposes of the NWPs, an open water is any area that in a year with normal patterns of precipitation has water flowing or standing above ground to the extent that an ordinary high water mark can be determined. Aquatic vegetation within the area of flowing or standing water is either non-emergent, sparse, or absent. Vegetated shallows are considered to be open waters. Examples of ‘‘open waters’’ include rivers, streams, lakes, and ponds. Ordinary High Water Mark: An ordinary high water mark is a line on the shore established by the fluctuations of water and indicated by physical characteristics, or by other appropriate means that consider the characteristics of the surrounding areas. Perennial stream: A perennial stream has flowing water year- round during a typical year. The water table is located above the stream bed for most of the year. Groundwater is the primary source of water for stream flow. Runoff from rainfall is a supplemental source of water for stream flow. Practicable: Available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes. Pre-construction notification: A request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by nationwide permit. The request may be a permit application, letter, or similar document that includes information about the proposed work DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 12 and its anticipated environmental effects. Preconstruction notification may be required by the terms and conditions of a nationwide permit, or by regional conditions. A pre- construction notification may be voluntarily submitted in cases where preconstruction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit. Preservation: The removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions. Protected tribal resources: Those natural resources and properties of traditional or customary religious or cultural importance, either on or off Indian lands, retained by, or reserved by or for, Indian tribes through treaties, statutes, judicial decisions, or executive orders, including tribal trust resources. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Reestablishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area. Restoration: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. For the purpose of tracking net gains in aquatic resource area, restoration is divided into two categories: Reestablishment and rehabilitation. Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the 404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid movement of water over a course substrate in riffles results in a rough flow, a turbulent surface, and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize pools. Riparian areas: Riparian areas are lands next to streams, lakes, and estuarine-marine shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through which surface and subsurface hydrology connects riverine, lacustrine, estuarine, and marine waters with their adjacent wetlands, non-wetland waters, or uplands. Riparian areas provide a variety of ecological functions and services and help improve or maintain local water quality. (See general condition 23.) Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase shellfish production. Shellfish seed consists of immature individual shellfish or individual shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish habitat. Single and complete linear project: A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately. Single and complete non-linear project: For non-linear projects, the term “single and complete project” is defined at 33 CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of “independent utility”). Single and complete non-linear projects may not be “piecemealed” to avoid the limits in an NWP authorization. Stormwater management: Stormwater management is the mechanism for controlling stormwater runoff for the purposes of reducing downstream erosion, water quality degradation, and flooding and mitigating the adverse effects of changes in land use on the aquatic environment. Stormwater management facilities: Stormwater management facilities are those facilities, including but not limited to, stormwater retention and detention ponds and best management practices, which retain water for a period of time to control runoff and/or improve the quality (i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other pollutants) of stormwater runoff. Stream bed: The substrate of the stream channel between the ordinary high water marks. The substrate may be bedrock or inorganic particles that range in size from clay to boulders. Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not considered part of the stream bed. Stream channelization: The manipulation of a stream’s course, condition, capacity, or location that causes more than minimal interruption of normal stream processes. A channelized stream remains a water of the United States. Structure: An object that is arranged in a definite pattern of organization. Examples of structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent mooring structure, power transmission line, permanently moored floating vessel, DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Nationwide Permit 14 Summary Page 13 piling, aid to navigation, or any other manmade obstacle or obstruction. Tidal wetland: A tidal wetland is a jurisdictional wetland that is inundated by tidal waters. Tidal waters rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be practically measured in a predictable rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are Tribal lands: Any lands title to which is either: (1) Held in trust by the United States for the benefit of any Indian tribe or individual; or (2) held by any Indian tribe or individual subject to restrictions by the United States against alienation. Tribal rights: Those rights legally accruing to a tribe or tribes by virtue of inherent sovereign authority, unextinguished aboriginal title, treaty, statute, judicial decisions, executive order or agreement, and that give rise to legally enforceable remedies. Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1) Guidelines. They are areas that are permanently inundated and under normal circumstances have rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of vascular rooted plants in freshwater systems. Waterbody: For purposes of the NWPs, a waterbody is a jurisdictional water of the United States. If a wetland is adjacent to a waterbody determined to be a water of the United States, that waterbody and any adjacent wetlands are considered together as a single aquatic unit (see 33 CFR 328.4(c)(2)). Examples of ‘‘waterbodies’’ include streams, rivers, lakes, ponds, and wetlands. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 1 January 11, 2017 2017 Regional Conditions to Nationwide Permits in the State of Colorado U.S. Army Corps of Engineers Albuquerque District Omaha District Sacramento District Regional Conditions Applicable to Specific Nationwide Permits within the State of Colorado 1. Nationwide Permit No. 12: Utility Line Activities. Notification to the District Engineer (DE) in accordance with General Condition (GC) No. 32, pre- construction notification (PCN) is required for utility line activities that propose open trenching in perennial waters or for the purpose of creating a water intake. 2. Nationwide Permit No. 13: Bank Stabilization. PCN is required for bank stabilization activities that are necessary for erosion prevention in streams with an average width of less than 20 feet (measured between the ordinary high water marks (OHWM)). Bank stabilization activities in these small streams are limited to the placement of no more than ¼ cubic yard of fill material per linear foot below the plane of the OHWM unless the Corps determines on a case-by-case basis that the use of larger or greater quantities of material is appropriate. 3. Nationwide Permit No. 23: Approved Categorical Exclusions. PCN is required for all projects utilizing Categorical Exclusions. 4. Nationwide Permit No. 27: Aquatic Habitat Restoration, Establishment, and Enhancement Activities. This permit is revoked for activities in which the project purpose is fishery enhancement in perennial streams. These types of projects may qualify for authorization under Regional General Permit No. 12 for Aquatic Habitat Improvement for Stream Channels in Colorado. a. Channel realignment is not authorized by this permit unless it is demonstrated that the realignment is consistent with the natural morphological evolution of the stream. b. The use of concrete/grouting is not allowed in perennial streams unless waived in writing by the DE. c. The construction of water parks (e.g. kayak courses) and flood control projects are not authorized by this permit. Regional Conditions Applicable to All Nationwide Permits within the State of Colorado 5. Important Spawning Areas. Activities are not authorized by any nationwide permit except after case -by- case review and consultation with Colorado Parks and Wildlife (CPW) if the activities would adversely affect important spawning areas or would be conducted in these waters during trout and Kokanee spawning seasons. Bio-engineering techniques, such as native riparian shrub plantings, are required for all bank protection activities that exceed 50 linear feet in important spawning areas. For activities located in these important spawning areas, PCN is required and consultation with CPW must be conducted in accordance with the timeframes established in GC 32 (Pre-Construction Notification). Important spawning areas are considered Gold Medal Waters in Colorado (Attachment 2). DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 2 January 11, 2017 NOTE: Pre-application consultation with the CPW, preferably on-site, is highly recommended. Providing documentation of pre-application consultation with CPW, stating that CPW has reviewed the proposed project and has no concerns, will be helpful in project evaluation by the Corps. Please visit the following state website to determine the appropriate CPW office for coordination: http://cpw.state.co.us. 6. Fens. All nationwide permits, with the exception of 3, 5, 6, 20, 27, 32, 37, and 38, are revoked for activities located in fens and wetlands adjacent to fens. PCN is required for activities proposed for authorization by Nationwide Permits. The PCN will address potential adverse effects to fen hydrology. The permittee may not begin the activity until the Corps determines the adverse environmental effects are minimal. A fen is defined as a groundwater-fed wetland with saturated organic soil (greater than or equal to 16 inches in thickness) that is classified as a histosol in the Natural Resources Conservation Service (NRCS) Field Indicators of Hydric Soils in the United States (Version 8.0, 2016). A copy of the document can be obtained from the NRCS at http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs142p2_053171.pdf . Note: A fen may be part of a larger aquatic system (fen complex) where wetlands and other waters adjacent to the fen may provide a critical source of hydrology necessary for sustaining the fen. 7. Springs. PCN is required for all Nationwide Permits if the activities occur within 100 feet of the discharge point of a spring. The Corps will determine if the proposed project will have more than a minimal effect to the spring and may require an Individual Permit or project modification to reduce/eliminate the spring impacts. For the purposes of this regional condition, a spring is defined as any location where groundwater flow emanates from a distinct point. Springs do not include seeps or other groundwater discharge areas where there is no distinct point sourc e. 8. Suitable Fill. A PCN is required for the use of broken concrete as fill material within the State of Colorado. Permittees must demonstrate that soft engineering methods utilizing native or non -man made materials are not practicable (with respect to cost, existing technology, and logistics), before broken concrete is allowed as suitable fill. Use of broken concrete with exposed rebar is prohibited. ADDITIONAL INFORMATION The following additional information relates to minimization of impacts to jurisdictional waters of the United States and compliance with the General Conditions: 1. Permittees are reminded that appropriate erosion and sediment controls are required in accordance with GC No. 12 in order to properly stabilize the site and prevent erosion and siltation into wetlands and other waters downstream. Streambed material or other small aggregate material placed alone for bank stabilization will not meet GC No. 12. 2. Permittee best management practices. In order to prevent the spread of invasive and/or nuisance species (e.g., Asian Clam, Grand Valley Asian Tapeworm, Green River Mud Snail, New Zealand Mud Snail), the permittee is strongly encouraged to clean heavy equipment prior to and after construction if the equipment was previously used in another stream, river, lake, pond or wetland within 10 days of initiating work. The following are recommended methods for preventing the spread of invasive aquatic organisms: Remove all mud and debris from equipment (tracks, turrets, buckets, drags, teeth, etc.) and spray/soak equipment with a 1:15 solution of disinfection solution containing the following ingredients: • Dialkyl dimethyl ammonium chloride (5-10% by weight); DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 3 January 11, 2017 • Alkyl dimethyl benzyl ammonium chloride (5-10% by weight); • Nonyl phenol ethoxylate (5-10% by weight); • Sodium sesquicarbonate (1-5%); and, • Tetrasodium ethylene diaminetetraacetate (1-15%) The equipment should be kept moist for at least 10 minutes, and rinsate should be managed as a solid waste in accordance with local, county, state, or federal regulations. Alternately, equipment, hand tools, boots and any other equipment that was previously used in a river, stream, lake, pond, or wetland prior to moving the equipment to another water body may be disinfected using the following methods: • Spray/soak equipment with water greater than 140 degrees Fahrenheit for at least 10 minutes. • Sanitize water suction hoses and water transportation tanks (using methods described above) and discard rinse water at an appropriatel y permitted disposal facility. 3. Designated Critical Resource Waters. Within the State of Colorado, the waters listed in Attachment 1 are designated as Critical Resource Waters. In accordance with GC 22, the discharge of dredged or fill material is not authorized by the following nationwide permits in these waters or their adjacent wetlands: NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, A and B. In addition, in accordance with GC 32, notification to the DE is required for the use of the following nationwide permits in these waters and their adjacent wetlands: NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37 and 38. 4. Gold Medal Waters. Within the State of Colorado, the waters listed in Attachment 2 are designated as Gold Medal Waters. Requirements for projects located in these waters and their adjacent wetlands are set forth in RC 5 above. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4 January 11, 2017 ATTACHMENT 1 DESIGNATED CRITICAL RESOURCE WATERS The Colorado Water Quality Control Division designates Critical Resource Waters within the State of Colorado. Please note that the following list is subject to change and typically changes on an annual basis. For the most current list, or for more information on specific designations within these watersheds and their tributaries, please refer to the Colorado Water Quality Control Commission’s website: https://www.colorado.gov/pacific/cdphe/wqcc Animas and Florida River Basins. All tributaries to the Animas River and Florida River, including all wetlands, which are within the Weminuche Wilderness Area. Hermosa Creek, including all tributaries, from the source to immediately below the confluence with Long Hollow, except for the East Fork of Hermosa Creek. All lakes and reservoirs tributary to the Animas River and Florida River which are within the Weminuche Wilderness Area. This segment includes Lillie Lake, Castilleja Lake, City Reservoir, Emerald Lake, Ruby Lake, Balsam Lake, Garfield Lake, Vestal Lake, Eldorado Lake, Highland Mary Lakes, Verde Lakes, Lost Lake, and Crater Lake. Bear Creek Basin. The main stem of Bear Creek and all tributaries, lakes, and reservoirs, including wetlands, within the Mt. Evans Wilderness Area. Big Thompson River Basin. The main stem of the Big Thompson River, including all tributaries, lakes, reservoirs, and wetlands, located within Rocky Mountain National Park (RMNP). Blue River Basin. North Fork of the Swan River, including all tributaries and wetlands, from the source to the confluence with the Swan River. All tributaries to the Blue River, including wetlands within the Eagle Nest and Ptarmigan Peak Wilderness Areas. All lakes and reservoirs within the Eagle Nest and Ptarmigan Peak Wilderness Areas. Boulder Creek Basin. All tributaries to Boulder Creek, including lakes, reservoirs, and wetlands, located within the Indian Peaks Wilderness Area. Cache la Poudre River Basin. All tributaries to the Cache La Poudre River, including lakes, reservoirs, and wetlands, located within RMNP and Rawah, Neota, Comanche Peak, and Cache La Poudre Wilderness Areas. Clear Creek Basin. All tributaries to Clear Creek, including lakes, reservoirs, and wetlands, located within Mt. Evans Wilderness Area. San Luis Valley (Closed Basin). All tributaries in the Closed Basin, including wetlands, lakes, and reservoirs, located within the La Garita Wilderness Area. The main stem of Sand Creek, including all tributaries and wetlands, from the source to the mouth. The main stem of Medano Creek, including all tributaries and wetlands, from the source to the mouth Colorado River Basin. The main stem of the Colorado River, including all tributaries and wetlands, located within or flowing into RMNP. All tributaries to the Colorado River and Frasier R iver within RMNP and within the Never Summer, Indian Peaks, Byers, Vasquez, Eagles Nest, and Flat Top Wilderness Areas. Main stem of Northwater Creek and Trapper Creek, including all tributaries and wetlands, from their source to the confluence with the East Fork of Parachute Creek. East Middle Fork of Parachute Creek, including all tributaries and wetlands from the source to the confluence with Middle Fork of Parachute Creek. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 5 January 11, 2017 Battlement Creek, including all tributaries and wetlands, from its source to a point immediately downstream boundary of BLM lands. Main stem of Rapid Creek, including all tributaries and wetlands, from the source to a point immediately below the confluence with Cottonwood Creek including Kruzen Springs. Dolores River Basin. All tributaries to the Dolores River and West Dolores River, including all wetlands, tributaries, which are within the Lizard Head Wilderness area.main stem of Rio Lado from the source to the confluence with the Dolores River. Main stem of Spring Creek from the source to the confluence with Stoner Creek. Main stem of Little Taylor Creek from the source to the confluence with Taylor Creek. All lakes, and reservoirs tributary to the Dolores River and West Dolores River, which are within the Lizard Head Wilderness area. This segment includes Navajo Lake. Eagle River Basin. All tributaries to the Eagle River system, including lakes, reservoirs, and wetlands, located within the Eagle Nest and Holy Cross Wilderness Areas of the Gore Range. Abrams Creek, including all tributaries and wetlands, from the source to the eastern boundary of the BLM lands. Fountain Creek Basin. Severy Creek, including all tributaries, from the source to a point just upstream of where the Forest Service Road 330 crosses the stream. Bear Creek, including all tributaries, from the source to a point upstream of GPS coordinated N3847682, W10454917 (this location is at elevation 8,200 feet above sea level at a 250 degree angle and 3,000 feet from the trailhead of the Mount Buckhorn Trail of f High Drive). Upper Gunnison River Basin. All tributaries to the Gunnison River, including and wetlands, within the La Garita, Powderhorn, West Elk, Collegiate Peaks, Maroon Bells, Fossil Ridge, or Uncompahgre Wilderness Areas. All tributaries and wetlands from North Beaver Creek to Meyers Gulch, from the West Elk Wilderness boundary to their confluences with Blue Mesa Reservoir, Morrow Point Reservoir, or the Gunnison River, excluding Steuben Creek, North Willow Creek, and Soap Creek. All lakes and reservoirs that are tributary to the Gunnison River and within the La Garita, Powderhorn, West Elk, Collegiate Peaks, Maroon Bells, Raggeds, Fossil Ridge, or Uncompahgre Wilderness Areas. Lower Gunnison River Basin. All tributaries to the Smith Fork, including all wetlands, which are within the West Elk Wilderness Area. All lakes and reservoirs tributary to the Smith Fork, and are within the West Elk Wilderness Area. North Fork of the Gunnison River Basin. All tributaries to North Fork of the Gunnison River, including all wetlands, within the West Elk or Raggeds Wilderness Areas. All lakes and reservoirs that are tributary to the North Fork of the Gunnison River and within the West Elk or Raggeds Wilderness areas. Laramie River Basin. All tributaries to the Laramie River system, including lakes, reservoirs, and wetlands, located within the Rawah Wilderness Area. Los Pinos River Basin. All tributaries to the Los Pinos River, including all wetlands, which are within the Weminuche Wilderness Area. All lakes and reservoirs tributary to the Los Pinos River which are within the Weminuche Wilderness Area. This includes Granite Lake, Divide Lakes, Elk Lake, Flint Lakes, Moon Lake, Rock Lake, Betty Lake, Lost Lake, Hidden Lake, Vallecito Lake, Eldorado Lake, Trinity Lake, Leviathan Lake, Sunlight Lake, Hazel Lake, Columbine Lake, and Emerald Lake. Mancos River Basin. All tributaries of the Mancos River located within Mesa Verde National Park. North Fork of the Gunnison River Basin. All tributaries to North Fork of the Gunnison River, including lakes, reservoirs, and wetlands, located within the West Elk and Raggeds Wilderness Areas. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 6 January 11, 2017 North Platte River Basin. All tributaries to the North Platte River and Encampment Rivers, including lakes and reservoirs. All wetlands located within the Mount Zirkle, Never Summer, and Platte River Wilderness Areas. Piedra River Basin. All tributaries to the Piedra River, including all wetlands, which are within the Weminuche Wilderness Area. All lakes and reservoirs tributary to the Piedra River which are within the Weminuche Wilderness Area. This segment includes Window Lake, Monument Lake, Hossick Lake, and Williams Lakes. Rio Grande Basin. All tributaries to the Rio Grande, including lakes, reservoirs, and wetlands, located within the Weminuche Wilderness Area. Roaring Fork River. All tributaries of the Roaring Fork River system, including lakes and reservoirs, located within the Maroon Bells/Snowmass, Holy Cross, Raggeds, Collegiate Peaks, and Hunter/Fryingpan Wilderness Areas. San Juan River Basin. All tributaries to the San Juan River, Rio Blanco, and Navajo River including all wetlands which are within the Weminuche Wilderness area and South San Juan Wilderness Area. All lakes and reservoirs which are tributary to the San Juan River, Rio Blanco, and Navajo River and located within the Weminuche Wilderness Area and South San Juan Wilderness Area. This segment includes Archuleta Lake, Spruce Lakes, Turkey Creek Lake, Fourmile Lake, Upper Fourmile Lake, Crater Lake, Quartz Lake, Fish Lake, and Opal Lake. San Miguel River Basin. All tributaries, including wetlands, to the San Miguel River, and within the boundaries of the Lizard Head, or Mount Sneffels Wilderness Areas. All lakes and reservoirs tributary to the San Miguel River and within the boundaries of the Lizard Head, or Mount Sneffels Wilderness Areas. South Platte River Basin. All tributaries to the South Platte River, including lakes, reservoirs, and wetlands, located within the Lost Creek and Mt. Evans Wilderness Areas. St. Vrain Creek Basin. All tributaries to St. Vrain Creek, including lakes, reservoirs, and wetlands, located within the Indian Peaks Wilderness Areas and RMNP. Uncompahgre River Basin. All tributaries to the Uncompahgre River, including all wetlands, which are within the Mt. Sneffels or Uncompahgre Wilderness Areas. All lakes and reservoirs tributary to the Uncompahgre River and within the Mt. Sneffels or Uncompahgre Wilderness Areas. White River Basin. All tributaries to the White River, including lakes, reservoirs, and wetlands, located within the Flat Tops Wilderness Area, including Trapper's Lake. Yampa River Basin. All tributaries to the Yampa River, including lakes, reservoirs, and wetlands, located within Zirkle, Flat Tops, and Sarvis Creek Wilderness Areas. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 7 January 11, 2017 ATTCHMENT 2 GOLD MEDAL WATERS The following list of important spawning areas has been defined as Gold Medal Waters by the State of Colorado. As a reminder, according to RC 5 above, PCN is required for all proposed nationwide permit activities in these waters; consultation with CPW must be conducted in accordance with the timeframes established in GC 32. NOTE: This list of Gold Medal Waters is subject to change. For the most current list, please refer to the Colorado Parks and Wildlife (CPW) Colorado Fishing Brochure available on the CPW website (http://cpw.state.co.us/aboutus/Pages/RegulationsBrochures.aspx) Fishing Brochure or contact any CPW or Corps office in Colorado. GOLD MEDAL LAKES: North Delaney Butte Lake in Jackson County. Spinney Mountain Reservoir in Park County. Steamboat Lake in Routt County. GOLD MEDAL STREAMS: Animas River from Lightner Creek to Rivera Crossing Bridge. Arkansas River from the confluence with the Lake Fork of the Arkansas, near Leadville, downstream to Parkdale at the Hwy. 50 bridge crossing above the Royal Gorge. Blue River from Dillon Reservoir Dam to Green Mountain Reservoir inlet; and From Green Mountain Reservoir dam to Colorado River confluence. Colorado River from Fraser River to Troublesome Creek confluence. Also, the 24 mile reach from the confluence with Canyon Creek, at the mouth of Gore Canyon, downstream to the confluence of Rock Creek, near the town of McCoy. Fryingpan River from Ruedi Reservoir dam to Roaring Fork River Confluence. Gore Creek from Red Sandstone Creek to Eagle River confluence. Gunnison River from the upper boundary of the Black Canyon of the Gunnison National Monument downstream to the confluence with the North Fork of the Gunnison River. North Platte River from the Routt National Forest boundary to the Wyoming border. Rio Grande from Farmer’s Union Canal upstream to the upper boundary of Collier State Wildlife Area. Roaring Fork River from the confluence with the Crystal River downstream to the confluence with the Colorado River. South Platte River: The Middle Fork of the South Platte River downstream from U.S. Highway 285, the South Fork of the South Platte River downstream from the outlet at Antero Reservoir, and from the confluence of the Middle and South Forks of the South Platte River downstream to the inlet of Spinney Mountain Reservoir. DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 COMPLIANCE CERTIFICATION Permit File Name: Brush Creek Trailhead Project Action ID: SPK-2019-00690 Nationwide Permit Number: 14 – Linear Transportation Projects Permittee: Eagle County Open Space Attn: Ms. Diane Mauriello 500 Broadway St. Eagle, Colorado 81631 County: Eagle Date of Verification: October 3, 2019 Within 30 days after completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers Sacramento District Colorado West Regulatory Branch 400 Rood Avenue, Room 224 Grand Junction, Colorado 81501 (970) 243-1199 Fax (970) 241-2358 DLL-CESPK-RD-Compliance@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of the permit your authorization may be suspended, modified, or revoked. If you have any questions about this certification, please contact the U.S. Army Corps of Engineers. * * * * * * * * * I hereby certify that the work authorized by the above-referenced permit, including all the required mitigation, was completed in accordance with the terms and conditions of the permit verification. Permittee Signature Date Enclosure 2 DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 1 ADENDUM #1 BRUSH CREEK VALLEY RANCH OPEN SPACE TRAILHEAD IMPROVEMENTS PROJECT December 5, 2019 Proposal responses shall acknowledge receipt of this Addendum. Failure to do so may render the Proposal non-responsive. The following changes, additions, or deletions shall be made to the Proposal Documents and Construction Plan Set as indicated, and all other conditions shall remain the same. General Clarifications and Answers to Submitted Questions 1)Please note the Plans have been updated and there is a new Bid Schedule. Both are attached to this Addendum. For your proposal, please refer to the Bid Set – Addendum 1 dated December 2019, and submit the new Bid Schedule dated 4-Dec-19. 2)The combination of the .87’ elevation change and the 6” camber require results in a deck slope that exceeds 5%. As a result, since this bridge does not have a graspable handrail shown, it would not be ADA compliant. Can the camber be reduced to ensure a deck slope of less than 5%? The proposed trail is a soft surface trail and the short section of the bridge (approx. 10’) where the grade exceeds 5% is acceptable to the County. 3)The notes on sheet 11 appear to indicate that the bridge designer is responsible for designing the connection of the 4” conduit to the bridge. This is not a typical requirement and the type of pipe support or strap is normally determined by the engineer of record for the project, not the bridge designer. Can SGM provide this information? The bridge designer shall be the Engineer of Record for the prefabricated bridge structure. It is anticipated that the conduit will be installed by the bridge fabricator prior to the timber decking and the bridge designer will be responsible for determining the connection detail that works best for their bridge design and fabrication requirements. 4)What is the maximum distance that 4” rigid sch 40 PVC can span in this environment and application? This will be determined by the bridge designer. 5)Can you please confirm the H-10 (10 ton) vehicle requirement? Per AASHTO LRFD Guide Specifications for the Design of Pedestrian Bridges, bridges with a clear width of 7’-10’ shall only need to be designed for an H-5 (5 ton) vehicle. Eagle County requires that the bridge be designed for the H-10 vehicle. 6)Does any snow load need to be considered in the design of this bridge? If so, can it be evaluated separate from the live/vehicle loads? Snow load does not need to be considered separately or in addition to the 90 psf pedestrian live load. Project Management Department Phone: (970) 328-8880 FAX: (970) 328-8899 Eagle County P.O. Box 850 500 Broadway Eagle, CO 81631 EXHIBIT EDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 2 7) Can the end treatment railing be designed to be bolted or field welded onto the bridge? Bolted connections are preferable. If field welding is required it shall be performed by a certified welder per the details provided in the bridge shop drawings. Field welding will not be paid for separately but shall be included in the work. 8) Does the railing on the end treatment need to be in line with the bridge railing? It is preferable that it lines up, to the extent practical. 9) Would Eagle County accept a liquid anti strip in lieu of Hydrated Lime? Yes 10) Would Zycotherm be acceptable in lieu of lime? Yes 11) Erosion Control Supervisor (ECS): Can the Superintendent be this person as per specifications 208.03 (C) state otherwise. Yes 12) Payment of ECS: The pay method for this item is a Day. Does this mean the ECS has to be full time? What if the ECS spends 2 hours on site every other day? Is payment a full day per site visit? If employee other than Supt. is the ECS, does every day he/she is on site, does this count as an ECS Day? Payment for the ECS will be by the DAY for duties performed in the role of ECS as approved by the County; including, regular 2-week stormwater inspections and inspections following runoff events as required by the Stormwater Management Plan. 13) Please explain Earthwork quantities table on page 3 in relationship to pay items. Contractor will be paid for Embankment 800 cy; Stockpile Topsoil 100 cy, (stripping existing); and Topsoil (Import) 213 cy. 14) Are you stripping 413 cy of topsoil and placing 313cy (Topsoil) which leaves 100cy (Stockpile Topsoil) to be left on-site? Bid plans have been clarified. Stockpile Topsoil 100 cy, (stripping existing); and Topsoil (Import) 213 cy; Place Topsoil 313 cy. 15) Table shows Unclassified excavation @ 750 cy with embankment quantity of 1550cy. Therefore, is this an import project? Yes 16) Can all excavated soils in excess of topsoil be used for embankment? Yes, Plans and Geotechnical Investigation have assumed on-site soils, less topsoil, can be used as Embankment. 17) Per Topsoil 207.02 Topsoil shall be free of “rocks”. Do existing soils have to be screened and if so, to what size? Rocks larger than 4” will need to be removed from the Topsoil. 18) Bid Item Rip Rap UOM-Each? Should it be CY? Yes, See revised Bid Schedule 19) Can Contractor cross the stream since project has 404 permit? Can we take down the Silt Fence when crossing and working in the stream? The 404 permit does not include EXHIBIT EDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 3 stream crossing. Access to the east side of the creek from Brush Creek Road is available approximately ¼ mile north of the site. 20) Would it be possible to attain a burn permit from Eagle County to burn brush and trees from clear and grubbing site? Yes, a burn permit may be acquired from Eagle County by the Contractor. Burn piles must be less than 10 ft x 10 ft, no more than 75 burn piles total, and at least 75 feet away from Brush Creek. 21) Are there project signs not shown on the page 5-site plan? What size is “No motorized vehicle sign”? Otherwise, please check posts and sign bid quantities. All signs are shown on the Plans. The “No motorized vehicle sign” is an ECO Trail standard (3 sf). Sign quantity revised on Bid Schedule 36 sf. 22) The Soils report mentions soft spots subgrade. How are these areas to be paid since there are no muck excavation and replacement bid item for unsuitable soils? Also what areas is the bid item “Geotextile (Separator)(Cl 1) to be placed since this quantity is not the whole site and quantity includes area under riprap. A Subgrade Stabilization item has been added for payment of soft spot repair. Geotextile quantity includes only area beneath Rip-Rap. 23) On page 10- Detail of 10’ Trail shows 4” of class 6. The typical gravel section below states 8” of class 6. Please confirm 4” is correct. The 8” of Class 6 ABC includes 4” of Class 6 ABC and 4” of Class 6 ABC (special). The Special Class 6 will be Crusher Fines as defined in the PSP. 24) Does the Electrical conduit at the bridge need expansion joints when entering and existing the bridge abutments? Do they need to be strap to the stringer beams? This aspect should be part of the bridge design and will be reviewed following Award through the submittal process. 25) Does the bridge have expansion joints? The general notes state the material to meet AASHTO Specifications N213. If required, please provide a detail. This will be determined by the bridge designer, and will be reviewed following Award through the submittal process. 26) Please provide seed mix and soil conditioning requirements? Is Biosol required for soil conditioning? Please see added plan sheet #10 27) Is Eagle County going to offer a 5% locales incentive like Garfield County does? It's not an official policy, but we aren't required to take the lowest bidder. We also consider previous experience working with contractors and other factors as outlined in Section V of the RFP. As an example, bids within 5% of each other would make us consider other factors listed in Section V such as local knowledge and experience. EXHIBIT EDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 4 Responses to questions from the Pre-Bid meeting 11/21/19 28) Per General Notes, Plan Sheet #12, Dewatering is incidental to the Work. 29) Timber decking should meet requirements of PSP 628. The determination of width will be by the bridge designer and will be reviewed following Award through the submittal process. Typical width on similar projects has been 8”-12”. 30) Eagle County will provide a materials testing consultant. 31) In regard to section Permits 6.17, which reads; Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. CONTRACTOR shall obtain and pay for Eagle County 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 Proposals. 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. a. Owner will pay for all Eagle County licenses and Permits b. Owner has obtained and paid for USACE NWP 14 Permit c. Contractor shall obtain and pay for CDPHE Construction Stormwater Permit d. Contractor will be required to obtain and pay for any other Permits required for the Work. 32) Bridge supplier must meet the requirements of PSP 628 33) For the removal of the manhole identified on the Plans, the Contractor shall assume excavation to a depth of at least 3 ft, removal of steel or concrete barrel section at joint or by cutting, and either backfill of remaining manhole, or placement of steel or concrete lid that could be backfilled in the event the existing manhole is extraordinarily deep. 34) The County will remove potentially hazardous materials (tires, plastic barrels) from the existing site prior to commencing construction. 35) Bid Schedule has been revised to include and clarify the following items a. Subgrade Stabilization 600 sy added b. Topsoil (Import) 213 cy clarified c. Geotextile 130 sy clarified d. Fence Combination Wire w/ Treated Wood Posts 870 lf added e. Sign Panel (Class 1) 36 sf clarified f. F/A Minor Contract Revisions value of $20,000 included EXHIBIT EDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 1 ADDENDUM #2, LAST ADDENDUM BRUSH CREEK VALLEY RANCH OPEN SPACE TRAILHEAD IMPROVEMENTS PROJECT December 11, 2019 Proposal responses shall acknowledge receipt of this Addendum. Failure to do so may render the Proposal non-responsive. The following changes, additions, or deletions shall be made to the Proposal Documents and Construction Plan Set as indicated, and all other conditions shall remain the same. General Clarifications and Answers to Submitted Questions 1) The Seeding was reduced to .6 Acres. Is the total site footprint 1 acre or greater which would require a stormwater permit? The Seeding area hasn’t changed, I expanded the decimal point. The total site footprint hasn’t changed and should be assumed to be > 1 ac including potential contractor staging area. A stormwater permit should be required. 2) The previous addendum mentioned substitutes for hydrated lime. Is there a requirement to use hydrated lime? If so, where? Is it anticipated that hydrated lime or approved equivalent will be needed? Hydrated lime is a CDOT requirement for HMA, we are using CDOT specifications. Approved Bridge Suppliers The following bridge suppliers are hereby added to the approved bridge supplier list: 1. SMI & Hydraulics Contact: David Schrunk, P.E. V.P. of Engineering & Operations D 507.296.4551 x 240 C 507.829.8835 www.smihyd.com david.schrunk@smihyd.com 2. Bridge Brothers Contact: Aaron Gentilucci main: : 866.258.3401 cell: 540.266.8473 fax: 404.937.6199 w: www.bridgebrothers.com agentilucci@bridgebrothersinc.com Project Management Department Phone: (970) 328-8880 FAX: (970) 328-8899 Eagle County P.O. Box 850 500 Broadway Eagle, CO 81631 EXHIBIT EDocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 12/16/2019 Moody-Valley Insurance Agency 760 Horizon Drive, Suite 302 Grand Junction CO 81506 Moody-Valley Insurance Agency (970) 248-8300 (970) 242-1894 certrequestgj@moodyins.com Ewing Trucking and Construction, LLC. PO Box 2303 Edwards CO 81632 Cincinnati Insurance Company 10677 Pinnacol Assurance 41190 20/21 Master Cert A Y EPP0171971 01/01/2020 01/01/2021 1,000,000 500,000 10,000 1,000,000 2,000,000 2,000,000 A Y EPP0171971 01/01/2020 01/01/2021 1,000,000 Medical payments 5,000 A 10,000 EPP0171971 01/01/2020 01/01/2021 2,000,000 2,000,000 B Y 1856142 01/01/2020 01/01/2021 1,000,000 1,000,000 1,000,000 A Motor Truck Cargo EPP0171971 01/01/2020 01/01/2021 Per Conveyance $500,000 Deductible $1,000 Eagle County Government, DBA Eagle County Engineering, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are Additional Insureds under the commercial general liability and automobile liability policies of insurance. Eagle County Government DBA Eagle County Engineering 500 Broadway Eagle CO 81631 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98 Ewing Trucking and Construction, LLC.Moody-Valley Insurance Agency 25 Certificate of Liability Insurance: Notes CONTRACTUAL LIABILITY APPLIES PER POLICY TERMS AND CONDITIONS Leased & Rented Equipment, Cincinnati Insurance Company, NAIC code 10677 , EPP0171971, 01/01/2020 to 01/01/2021, $75,000. General Liability: Blanket Additional Insured status applies only to the extent provided in form GA 233 0917 and GA472 0917 when required by written contract. Blanket Waiver of Subrogation applies only to the extent provided in form GA 233 0917 when required by written contract. Primary and Non-Contributory status only to the extent provided in form GA 233 0917 and GA472 0917 when required by written contract. Per Project General Aggregate applies only to the extent provided in form GA 233 0917 when required by written contract. Contractor’s Limited Pollution Liability, Cincinnati Insurance Company, NAIC code 10677 , EPP0171971, 01/01/2020 to 01/01/2021, $1,000,000 Each Pollution Incident and $1,000,000 Pollution Liability Aggregate, $3,000 Per Claim Deductible. Auto Liability: Blanket Additional Insured status applies only to the extent provided in form AA 4171 1105 when required by written contract. Blanket Waiver of Subrogation applies only to the extent provided in form AA 4172 0909 when required by written contract. Primary and Non-Contributory status only to the extent provided in form AA 101 0306 when required by written contract. Pollution Liability Broadened Coverage, Cincinnati Insurance Company, NAIC code 10677 , EPP0171971, 01/01/2020 to 01/01/2021, Form AA 4012 0306, $25,000 Per Accident and $25,000 Per Aggregate, $500 Deductible per Accident Umbrella Liability: Umbrella Liability policy is on a follow form basis for the following underlying insurance coverages: General Liability, Automobile Liability, and Employers Liability. Additional insured status will follow when required by written contract including Primary and Non-Contributory status when required by written contract. Worker’s Compensation: 359-B From Attached Includes Blanket Waiver of Subrogation. Status applies when required by written contract. IMPORTANT: The policy forms referenced will be sent via email only. To obtain copies, please send your request with the email address to certrequestgj@moodyins.com. ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: DocuSign Envelope ID: 0DC4C938-C7D5-49E8-A361-C7CE9A00DB98