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HomeMy WebLinkAboutC23-147 Gould Construction_Dotsero Segment1 CONSTRUCTION AGREEMENT FOR EAGLE VALLEY TRAIL – DOTSERO SEGMENT 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 Gould Construction, Inc. a Colorado corporation licensed to work in the State of Colorado (hereinafter called "Contractor") whose address for purposes hereof is P.O. Box 130, Glenwood Springs, CO 81601. 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 segment of the Eagle Valley Trail in Eagle Vail, Colorado, consisting of a 10 foot wide paved surface, including but not limited to the following related construction items: site cleaning, site preparation, erosion control, Type 9 Guardrail, retaining wall, safety railing, trail and road signs, and storm culverts (the “Project”) located at 41700 U.S. Highway 6, Eagle County (the “Site”). Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents (the “Work”). 1.2 A more complete description of the Project and a description of the applicable 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 4/25/2023 2 ARTICLE 2 - OWNER'S REPRESENTATIVE 2.1 The Project is under the authority of the Owner, through the Eagle County ECO Trails Department. Kevin Sharkey, or his designee, shall be Owner's liaison with Contractor with respect to the performance of the Work. 2.2 Contractor’s representative is Mark Gould, Jr.. 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 November 15, 2023. Final Completion in accordance with the Contract Documents shall occur on or before December 15, 2023. 3.2 Contractor shall employ all such additional labor, services, and supervision, including such extra shifts and overtime, as may be necessary to maintain and to achieve Final Completion in accordance with the Contract Documents on or before December 15, 2023, 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, or 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 five million, two hundred thirty-two thousand seven hundred fifty-eight dollars and ninety-two cents ($5,232,758.92). “Contract Price” or “Guaranteed Maximum Price” or “GMP”). Any DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 3 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 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. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 4 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. 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. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 5 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 itself with the nature and extent of the Contract Documents, the 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 it 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 monies earned. The personnel employed by the Contractor are not and shall not become employees, agents, or servants of the Owner because of the performance of any Work by this Agreement. 6.6 Contractor represents and warrants that it holds a license, permit, or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits, and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. 6.7 Contractor shall maintain insurance as set forth in the General Conditions. Before permitting any of his subcontractors to perform any Work under this Agreement, Contractor shall require each of his subcontractors to procure and maintain such insurance as set forth in the General Conditions. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 6 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 Contract and Construction Documents attached as Exhibit B, which includes the following: I. Insurance and Bonding Requirements II. General Conditions III. Construction Drawings: Eagle-Vail Phase 2 Segment of the Eagle Valley Trail, Segment 1, Stamped for Construction and Dated January 17, 2023. IV. Project Specifications: Eagle Valley Trail at The Narrows (Segment 1), Stamped for Construction, Prepared by OTAK Inc. 7.4 Performance and Payment Bonds. 7.5 Notice of Award and, if any, Notice to Proceed. 7.6 Any modification, including Change Orders, duly delivered after execution of Agreement. The parties acknowledge and agree that this Agreement and the General Conditions attached hereto, shall supersede and control over any inconsistent or contrary provision in any other attachment or agreement. There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended, or repealed by an executed, written amendment to this Agreement. ARTICLE 8 – BONDS 8.1 Contractor shall deliver to the Owner the bonds required by the Contract Documents with the executed Contract Documents and before starting work. Notwithstanding anything to the contrary contained in the Contract Documents, Owner shall have no liability or obligation hereunder unless and until the bonds have been so delivered. ARTICLE 9 - SUBCONTRACTS AND OTHER AGREEMENTS 9.1 Those portions of the Work that Contractor does not customarily perform with Contractor’s own personnel shall be performed under subcontracts and (or) by other appropriate DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 7 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, or subcontractors performing the 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, monies that may become due and monies 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 itself and its 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. 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. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 8 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 exclusively in the 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, or (iv) 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 Email: kevin.sharkey@eaglecounty.us phone: (970) 328-3523 Contractor: Gould Construction Inc. Attn: Mark Gould, Jr. P.O. Box 130 Glenwood Springs, CO 81601 Notices delivered in person shall be effective as of the date of delivery, mailed notices will be deemed given three business days after the date of deposit in a regular depository of the United States Postal Service, and Fax notices will be deemed given upon transmission, if during business hours, or the next business day. Either party can change its address for notice by notice to the other in accordance with this paragraph. 10.8 Intentionally omitted 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 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 9 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. Signature by Owner may be made by Owner’s project manager, Kevin Sharkey, so long as such change orders and amendments are 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. IN WITNESS WHEREOF, the parties have executed this Agreement this 18th day of April, 2023. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Kathy Chandler-Henry, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 11 EXHIBIT A PROPOSAL DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Vail Phase 2 Trail 6874 HWY 82, Glenwood Springs, CO 81601 P.O. Box 130, Glenwood Springs, CO 81602 Dale Merrill/Mark Gould 970-945-7291 970-945-8371 Contact: Phone: Fax: Job Name:Quote To:Eale County Trails Program Eagle Vail Phase 2 Trail 1/17/2023Date of Plans:Attn:Kevin Sharkey Address: Phone:Proposal Date:1/26/2023 Email:kevin.sharkey@eaglecounty.us AMOUNTITEMDESCRIPTIONQUANTITY UNIT UNIT PRICE CLEARING AND GRUBBING ACRE0.90 10 12,700.00 11,430.00 REMOVAL OF CONCRETE FOUNDATION AND SLAB SY18.00 20 90.10 1,621.80 REMOVAL OF ASPHALT MAT SY3,292.00 30 21.30 70,119.60 REMOVAL OF ASPHALT MAT (PLANING)SY413.00 40 43.75 18,068.75 REMOVAL OF PAVEMENT MARKING SF2,705.00 50 4.25 11,496.25 REMOVAL OF PORTIONS OF PRESENT STRUCTURE L S1.00 60 44,630.00 44,630.00 REMOVAL OF GUARDRAIL TYPE 3 LF902.00 70 13.95 12,582.90 REMOVAL OF GUARDRAIL TYPE 7 LF795.00 80 56.25 44,718.75 Clean Culvert EA2.00 90 1,395.00 2,790.00 SAWING ASPHALT MATERIAL (10 INCH)LF2,989.00 100 15.20 45,432.80 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY2,382.00 110 70.10 166,978.20 Stripping Topsoil CY256.00 115 25.80 6,604.80 COMBINATION LOADER HOUR40.00 120 152.00 6,080.00 Potholing HOUR24.00 125 462.00 11,088.00 STRUCTURE EXCAVATION CY256.00 130 81.00 20,736.00 STRUCTURE BACKFILL (CLASS 1)CY146.00 140 139.00 20,294.00 STRUCTURE BACKFILL (CLASS 2)CY57.00 150 134.00 7,638.00 SHORING (AREA 1)L S1.00 160 147,950.00 147,950.00 SHORING (AREA 2)L S1.00 170 104,870.00 104,870.00 Stock Pile Topsoil CY256.00 174 38.20 9,779.20 Topsoil (On Site)CY256.00 176 59.70 15,283.20 TOPSOIL (OFFSITE)CY510.00 180 129.65 66,121.50 EROSION LOG TYPE 1 (12 INCH)LF3,580.00 190 6.70 23,986.00 Pefabricated CONCRETE WASHOUT STR. Ty 1 EACH2.00 200 4,156.00 8,312.00 STORM DRAIN INLET PROTECTION (TYPE III)EACH3.00 210 200.00 600.00 Pre-Fabricated VEHICLE TRACKING PAD EACH2.00 220 16,300.00 32,600.00 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR) HOUR8.00 230 54.60 436.80 Page 1 of 4 Exhibit A DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 AMOUNTITEMDESCRIPTIONQUANTITY UNIT UNIT PRICE REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT) HOUR8.00 240 115.00 920.00 SWEEPING (SEDIMENT REMOVAL)HOUR24.00 250 303.00 7,272.00 REMOVAL OF TRASH HOUR4.00 260 436.00 1,744.00 EROSION CONTROL MANAGEMENT DAY30.00 270 740.00 22,200.00 RESET GROUND SIGN EACH12.00 280 327.00 3,924.00 ADJUST MANHOLE EACH2.00 290 1,665.00 3,330.00 ADJUST VALVE BOX EACH1.00 300 633.00 633.00 ADJUST IRRIGATION (SPECIAL)EACH1.00 310 7,654.00 7,654.00 DEWATERING L S1.00 320 37,400.00 37,400.00 ORGANIC FERTILIZER LB270.00 330 6.10 1,647.00 BIOTIC SOIL AMENDMENTS (HYDRAULICALLY APPLIED) LB3,150.00 340 3.95 12,442.50 HUMATE LB68.00 350 2.55 173.40 MYCORRHIZAE LB18.00 360 22.00 396.00 SEEDING (NATIVE) HYDRAULIC ACRE1.00 370 3,179.00 3,179.00 BONDED FIBER MATRIX ACRE1.00 380 7,947.00 7,947.00 EXTENDED LANDSCAPE PRESERVATION L S1.00 390 6,600.00 6,600.00 AGGREGATE BASE COURSE (CLASS 6)TON1,796.00 400 81.25 145,925.00 HOT MIX ASPHALT (GRADING SX) (75) (PG 58- 28) TON727.00 410 311.75 226,642.25 Concrete Pavement (10 inch) (Colored)SY15.00 415 486.00 7,290.00 RIPRAP (9 INCH)TON6.00 420 221.00 1,326.00 BIKEWAY RAILING (STEEL)LF2,116.00 430 259.40 548,890.40 CONCRETE CLASS B CY3.00 440 1,929.00 5,787.00 CONCRETE CLASS D (WALL)CY135.00 450 1,919.00 259,065.00 STRUCTURAL CONCRETE COATING SF253.00 460 14.50 3,668.50 REINFORCING STEEL (EPOXY COATED)LB26,451.00 470 4.22 111,623.22 15 INCH REINFORCED CONCRETE PIPE (COMPLETE IN PLAC LF40.00 480 195.00 7,800.00 INLET TYPE 13 (5 FOOT)EACH2.00 490 6,537.00 13,074.00 GEOCOMPOSITE DRAIN WITH PIPE SY36.00 500 119.00 4,284.00 GUARDRAIL TYPE 3 (6-3 POST SPACING)LF45.00 510 70.40 3,168.00 GUARDRAIL TYPE 9 (STYLE CA)LF214.00 520 255.50 54,677.00 GUARDRAIL TYPE 9 (STYLE CE LF1,645.00 530 435.65 716,644.25 TRANSITION TYPE 3G EACH6.00 540 4,795.00 28,770.00 END ANCHORAGE (NONFLARED)EACH2.00 550 5,300.00 10,600.00 END ANCHORAGE (FLARED)EACH4.00 560 5,445.00 21,780.00 FENCE (PLASTIC)LF799.00 570 8.75 6,991.25 CONCRETE SIDEWALK (6 INCH)(Colored)SY101.00 580 293.50 29,643.50 CONCRETE BIKEWAY THICKENED EDGE LF1,853.00 590 116.35 215,596.55 CONCRETE BIKEWAY (6 INCH)SY3,156.00 600 156.20 492,967.20 Concrete Bikeway (8 inch)SY158.00 605 239.60 37,856.80 CONCRETE CURB RAMP SY12.00 610 272.00 3,264.00 DETECTABLE WARNINGS SF108.00 620 73.35 7,921.80 CURB AND GUTTER TYPE 2 (SECTION II-B)LF299.00 630 61.15 18,283.85 STEEL SIGN SURFACE MOUNT BASE PLATE (SLIPBASE) EACH3.00 640 131.60 394.80 Page 2 of 4 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 AMOUNTITEM DESCRIPTION QUANTITY UNIT UNIT PRICE STEEL SIGN SUPPORT (2-INCH ROUND) (SOCKET) EACH3.00 650 523.00 1,569.00 Barricade (Type 3 M-A)(Temporary)EACH1.00 655 550.00 550.00 SANITARY FACILITY EACH1.00 660 1,985.00 1,985.00 CONSTRUCTION SURVEYING L S1.00 670 24,450.00 24,450.00 MOBILIZATION L S1.00 680 206,400.00 206,400.00 THERMOPLASTIC PAVEMENT MARKING (SPECIAL) SF24.00 690 22.00 528.00 MODIFIED EPOXY PAVEMENT MARKING GAL22.00 700 305.65 6,724.30 THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL) SF82.00 710 30.60 2,509.20 THERMOPLASTIC PAVEMENT MARKING (XWALK-STOPLINE) SF626.00 720 30.60 19,155.60 Pavement Marking Paint (Temporary)GAL9.00 730 244.00 2,196.00 FLAGGING HOUR2,640.00 740 44.00 116,160.00 TRAFF IC CONTROL INSPECTION DAY51.00 750 519.60 26,499.60 TRAFF IC CONTROL MANAGEMENT DAY115.00 760 1,278.00 146,970.00 FLASH ING BEACON (PORTABLE)EACH56.00 770 306.00 17,136.00 IMPACT ATTENUATOR (SAND FILLED PLASTIC BARREL) (T EACH2.00 780 4,280.00 8,560.00 CONCRETE BARRIER (TEMPORARY) (FURNISH AND INSTALL) LF413.00 790 47.00 19,411.00 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE A) EACH16.00 800 24.45 391.20 PORTABLE MESSAGE SIGN PANEL EACH2.00 810 9,170.00 18,340.00 Drum Channelizing Device EACH116.00 820 36.70 4,257.20 Total Base Bid 4,637,436.92 Escalation & Inflation Contingency LS1.00 850 272,708.00 272,708.00 Contruction Contingency LS1.00 855 318,159.00 318,159.00 Inflation & Contingency Allowance 590,867.00 Reset Trash Can EA1.00 900 240.00 240.00 Reset Bike Rack EA1.00 905 240.00 240.00 Relocate Building LS1.00 910 3,975.00 3,975.00 New Bid Items- Jan. 2023 4,455.00 GRAND TOTAL 5,232,758.92 NOTES: Qualifications/Notes: 1. Proposal is valid for (30) calendar days. 2. Davis-Bacon and/or prevailing wages are excluded. 3. Any item not specifically mentioned in the scope of work is excluded. 4. Survey/Staking/Engineering is included. 5. Material/Soils testing is excluded. 6. Special Insurance (Can be provided at additional cost). 7. No bid item for reset Bus Shealter. T & M 8. Purchase of construction water is included. 9. Due to market volatility, we reserve the right to adjust pricing for fuel increases and materials increases. 10. This is a unit price proposal. Final billings will be determined by quantities for unit price items installed/measured in the field. 11. Permits/Fees are excluded. Page 3 of 4 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 12. Winter Conditions will be billed on a T&M basis. 13. Progress billings net 30 days and due 30 days after. A finance charge of 1.5%/month (18%APR) will be charged on unpaid balances. 14. 5% retention is to be held unless agreed upon in writing. 15. Bond rate is included in proposal. 16. All Taxes are excluded. 17. Boulders/Rock Shelves that can not be excavated with conventional equipment will be billed on a T&M basis. 20. Subexcavation/stabilization of soft areas is excluded. 21. Gould Construction reserves the right to postpone work progress for ANY unsafe conditions. 22. This proposal is submitted as a package. Any scope shall not be removed without permission of Gould Construction. 23. These bid conditions in their entirety shall become a governing part of any contract or subcontract agreement. This will be accomplished by including a copy of this proposal in the contract. Page 4 of 4 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 12 EXHIBIT B I INSURANCE REQUIREMENTS DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 I.INSURANCE REQUIREMENTS 1.Prior to the commencement of performance of any Construction Services for Eagle County,the successful respondent shall furnish to Eagle County a certificate of insurance documenting it has obtained insurance coverage for its operations on the Project, including, but not limited to the following: a.Workmen’s Compensation insurance shall provide coverage as required by the laws of the State of Colorado. Coverage must include by not be limited to: ▪Contractor ’s statutory liability under the laws of the State of Colorado ▪Employers’ liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit, $500,000 each employee. b.Commercial General Liability Insurance written on ISO occurrence form GC 00 01 12 04 or its equivalent, issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work performed by them under the Agreement and covering premises operations, fire damage, independent contractors, products and completed operations, blanket contractual liability, personal injury and advertising liability with minimum limits as follows: 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 $500,000 Occupational Disease Any one fire $50,000 If any aggregate limit is reduced below $1,000,000 because of claims made or paid, CONTRACTOR shall immediately obtain additional insurance to restore the full aggregate limit and furnish to OWNER a certificate or other document satisfactory to OWNER showing compliance with this provision. c.Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 each claim and $2,000,000 annual aggregate naming Eagle County and the Colorado Department of Transportation (CDOT) as an additional insured Page 1 Exhibit B DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 to the policy (CG-00-01-10/93). If the policy is a component of the professional liability policy, the additional insured requirement is waived, and the policy shall be written on a claims made form, with an extended reporting period of at least two years following final acceptance of the work. d.Umbrella or Excess Liability Insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) in the event the primary liability policy limits are impaired or exhausted. The policy shall be written on an occurrence form and shall be following form of the primary. The following form excess liability shall include Eagle County and CDOT as additional insureds. f.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. g.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. h.Completed Operations Liability Insurance for a minimum period of one year following final acceptance of the work. All policies required above (except worker ’s compensation and employer ’s liability)must include Eagle County and CDOT as “Additional Insured”using ISO Additional Insured Endorsements GC 20 26 and CA 20 48 (or substitute forms providing equivalent coverage. Performance or Other Bonds a.If issued Notice to Proceed, Contractor shall furnish performance and payment bonds, each in an amount at least equal to 100% of the Contract Price as security for the faithful performance and payment of all Contractor ’s obligations under the Contract Documents. These bonds shall remain in effect at least until two years after the date of final payment, except as otherwise provided by law. Contractor shall also furnish other bonds as are required by the Contract Documents. All bonds shall be in the forms prescribed by the Contract Documents, and be executed by such sureties as (a) are licensed to conduct business in the state where the project is located, and (b) are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Page 2 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 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. b.If the surety on any bond furnished by Contractor is declared bankrupt, or becomes insolvent, or its right to do business is terminated in any state where any part of the Project is located, or it ceases to meet the requirements of clause (a) of this paragraph 13, Contractor shall within five days thereafter substitute another bond and surety, both of which shall be acceptable to Owner. Page 3 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 13 EXHIBIT B II GENERAL CONDITIONS TO CONSTRUCTION AGREEMENT DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 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. II. Exhibit B DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 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: 1187A570-3D0F-411B-B0A7-BDD22D519925 14 EXHIBIT B III CONSTRUCTION DRAWINGS DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 CONSTRUCTION BID PLANS OF PROPOSEDEAGLE COUNTY COLORADOEAGLE-VAIL PHASE 2 SEGMENT OF THE EAGLE VALLEY TRAILINDEX OF SHEETSPROJECT CONTACTSTABULATION OF LENGTHPROJECT LOCATION MAPISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER SEGMENT 12023.01.25 11:14:02-07'00'Exhibit BIII. ConstructionDrawings STANDARD PLAN NO.STANDARDISSUED FOR CONSTRUCTION - JANUARY, 2023 ONLY BUS ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER 203-00010PROJECT TOTALSUNCLASSIFIED EXCAVATION(COMPLETE IN PLACE)UNCLASSIFIED EXCAVATIONCYFROM CIVIL 3DSEGMENT 12382TOTAL FOR PAY QUANTITY2,382FOR INFORMATION ONLYEMBANKMENT (NET)CYFROM CIVIL 3DSEGMENT 1650TOTAL650UNCLASSIFIED EXCAVATION (TOTAL)2,382EMBANKMENT (NET) (TOTAL)650EMBANKMENT (NET) x FACTOR (1.15) (TOTAL)748EXCESS EXCAVATION (TOTAL)1,634 EMBANKMENT FACTORED PLUS EXCESS EXCAVATION (TOTAL)2,382NOTES:1. QUANTITIES DO NOT REFLECT THE EXPORT OF TRENCH EXCAVATIONS.2. TABULATION OF EARTHWORK QUANTITIES DOES NOT INCLUDE EARTHWORKQUANTITIES FOR WALL "A" AND WALL "B" AREA. SEE WALL SUBSET FORSTRUCTURAL EARTHWORK QUANTITIES. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ONLYBUSISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGI N EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ASPHALT REMOVAL POINT TABLEPOINT #NORTHINGEASTINGDESCRIPTIONISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ONLY BUSISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ONLY BUSHOT MIX ASPHALT POINT TABLEPOINT #NORTHINGEASTINGDESCRIPTIONISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGI N EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023Know what's below.R Call before you dig.KEVIN F R ANCIS DOOLEY JR.C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EERKnow what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EERKnow what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EERKnow what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EERKnow what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EERKnow what's below.R Call before you dig. ONLY BUSISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EERKnow what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ONLYBUSISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ONLYBUSISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig. ONLY BUS Know what's below.R Call before you dig.ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER Know what's below.R Call before you dig.ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F RANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 KEVIN F R ANCIS DOOLEY JR.47088C O L ORADOLICENSEDPROFESSIONAL ENGIN EER ISSUED FOR CONSTRUCTION - JANUARY, 2023 CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:44:32 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY TITLE SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100UTILITY TITLE SHEETU-001SHEET INDEXSHEET NO.DESCRIPTIONU-001-U-002TITLE SHEET, KEY MAP & VICINITYMAP, GENERAL NOTES, LEGEND,AND ABBREVIATIONSU-003 - U-010UTILITY DEPICTION SHEETSU-011TESTHOLE SUMMARY TABLESUBSURFACE UTILITY ENGINEERING INVESTIGATIONEAGLE-VAIL PHASE 2 SEGMENTCITY OF EAGLE-VAIL, COLORADOPREPARED FOR:OTAKKEY MAPN.T.S.VICINITY MAPN.T.S.UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.ESSIONAL ENG 58871COLORADO REGISTEREDPROFINEER A 12/16 /20 21 SHAU NA WEINMANNESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANNI-70 WESTBOUNDI-70 WESTBOUNDI-70CORRIDOREAGLE-VAIL CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:44:37 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY GENERAL NOTES EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100UTILITY GENERAL NOTESU-002UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.(OBTAINED FROM ASCE PUBLICATION Cl/ASCE STANDARD 38-02)·QUALITY LEVEL "D"INFORMATION DERIVED FROM EXISTING RECORDSAND/OR ORAL RECOLLECTIONS.·QUALITY LEVEL "C"INFORMATION OBTAINED BY SURVEYING AND PLOTTINGVISIBLE ABOVE-GROUND UTILITY FEATURES AND BYUSING PROFESSIONAL JUDGEMENT IN CORRELATINGTHIS INFORMATION TO QUALITY LEVEL "D" INFORMATION.·QUALITY LEVEL "B"INFORMATION OBTAINED THROUGH THE APPLICATION OFAPPROPRIATE SURFACE GEOPHYSICAL METHODS TODETERMINE THE EXISTENCE AND APPROXIMATEHORIZONTAL POSITION OF SUBSURFACE UTILITIES. THISINFORMATION IS SURVEYED TO PROJECT TOLERANCES.·QUALITY LEVEL "A"PRECISE HORIZONTAL AND VERTICAL LOCATION OFUTILITIES OBTAINED BY THE ACTUAL EXPOSURE ANDSUBSEQUENT MEASUREMENT OF SUBSURFACE UTILITIESAT A SPECIFIC POINT. DIAMETERS SHOWN ARE VERIFIEDVISUALLY AND MAY NOT BE EXACT.UTILITY QUALITY LEVELSABBREVIATIONSASBESTOS CLAY PIPEACPCONCRETE CYLINDER PIPECCPCHILLED WATERCHWTRCAST IRON PIPECIPCONCRETE PIPECPDUCTILE IRON PIPEDIPFIBER OPTICFOOVERHEAD ELECTRICOHEOVERHEAD TELEPHONEOHTPRIVATEPRIPOLYVINYL CHLORIDEPVCRED CLAY PIPERCPSANITARY SEWERSSSTORM DRAINSDSTEELSTLUNKNOWNUNKNVITRIFIED CLAY PIPEVCPTELEVISIONTVOVERHEADOHTELEPHONETELESANITARY SEWER CLEANOUTSSCCOPPER PIPECUINVERTINVCORRUGATED METAL PIPECMPINVERT AT CENTERLINE OF MANHOLECL/MHCONCRETECONC.STEEL WRAPPEDSWPOLYETHYLENEPEUTILITY DETECTION EQUIPMENT UTILIZEDRADIODETECTION RD8100PDLVIVAX METROTECH 810IDS HI-MOD 200/600 MHZ GPRPIPEHORN 800 SERIESUTILITY LINETYPESQUALITY LEVEL "B" UTILILY LINESQUALITY LEVEL "C" UTILILY LINESQUALITY LEVEL "D" UTILILY LINESSUBSURFACE UTILITY ENGINEERING SYMBOLSGENERAL NOTESSURVEY CONTROLSURVEY HORIZONTAL AND VERTICAL DATUM IS BASED ON FILES PROVIDED BY OTAK, INC. TO T2 UES, INC.ON 10/13/2021. THE COORDINATES ARE BASED ON THE CP 110 AND WOODMAN IN THE "20045-TOPO CADFILE." SURVEY CONTROL ACCURACY CHECK WAS BASED ON CONTROL POINT "WOODMAN" ELEVATIONDIFFERENCE 0.001'. JOHN CURRAN, LAND SURVEYOR FOR MARCIN ENGINEERING, LLC PERFORMEDOVERSIGHT OF SURVEY WORK FOR THE SUE INVESTIGATION UTILIZING THE FOLLOWING POINTS, FORQUESTIONS PLEASE CALL DAVE STAIR AT (970) 748-0274.CP #NORTHINGEASTINGELEVATIONDESCRIPTIONWOODMAN1652148.9802727065.3297648.70NGS CONTROL POINTCP 1101651466.9142728813.2217647.43SET MAG NAILHIGH-DENSITY POLYETHYLENEHDPEESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANN TH3GROUND:7639.22'±TH3AGROUND:7639.19'±TH2GROUND:7639.20'±TH1GROUND:7639.18'±XCEL-1.25" PEXCELXCEL-1.25" PECLNCLNCLNCLNCLNCLNCMCSTCMCSTXCELXCELXCELUS 6CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:44:42 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY PLAN SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100PLAN SHEETU-003UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.MATCH LINE SEE SHEET U-0040SCALE: 1"=20'20'20'10'ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANN SSMH #123001TC: 7624.30'±S INV.:7618.91'±NW INV.:7618.91'±SSMH #123002RIM: 7631.37'±N INV.:7620.32'±GROUND:7639.22'±GROUND:7639.19'±GROUND:7639.20'±GROUND:7639.18'±XCELXCEL-1.25" PECLNCLNCLNCLNCLNCMCSTCDOTERWS-UNKXCELXCELXCELXCELXCEL-1.25" PEXCEL-1.25" PEXCEL-1.25" PEXCELXCEL-1.25" PEXCEL-1.25"PEUS 6CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:44:48 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY PLAN SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100PLAN SHEETU-004UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.MATCH LINE SEE SHEET U-003 0SCALE: 1"=20'20'20'10'ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANNMAT C H L I N E S E E S H E E T U - 0 0 5 XCELXCEL-1.25" PEXCELXCELXCEL-1.25" PEXCELCLNCLNCLNERWS-UNKXCEL-1.25" PEXCELXCELUS 6CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:44:53 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY PLAN SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100PLAN SHEETU-005UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.MATCH LINE SEE SHE E T U - 0 0 6 0SCALE: 1"=20'20'20'10'ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANNMATCH LINE SEE SHEET U-004 TH4GROUND:7633.22'±XCELXCELXCEL-1.25" PEXCELCLNCLNCLNXCELUS 6CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:44:57 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY PLAN SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100PLAN SHEETU-006UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.MATCH LINE SEE SHEET U-007 0SCALE: 1"=20'20'20'10'ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANNMATCH LINE SEE SHEET U-005 SSMH #1RIM: 7629.46'±SE INV.: 7620.85'±NW INV.: 7620.53'±STORM INV= 7624.06'±STORM INV= 7626.99'±CATCH BASINGRATE: 7627.24'±NE INV.: 7625.25'±XCELXCELCLNCLN CLNCLNERWS-24" PVCCB#130601GRATE: 7630.08'±NE INV.:7626.93'±24" CMPUS 612"PVCCHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:45:03 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY PLAN SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100PLAN SHEETU-007UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.MATCH LINE SEE SHEET U-0080SCALE: 1"=20'20'20'10'ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANNMATCH LINE SEE SHEET U-006 SSMH #2RIM: 7630.11'±NW INV.: 7621.78'±SE INV.: 7621.53'±MEASUREMENTS ARE RECORDEDBASED OFF FIELD MEASUREMENTS,FLOW IS NW.STORM INV= 7626.99'±GRATE: 7627.24'±NE INV.: 7625.25'±STORM INV= 7619.24'±XCELXCELCLNCLNERWS-24" PVCERWS-24" PVC24" CMPCB#130603GRATE: 7629.97'±NE INV.: 7627.69'±US 6CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:45:07 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY PLAN SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100PLAN SHEETU-008UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.MATCH LINE SEE SHEET U-007 0SCALE: 1"=20'20'20'10'ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANNMATCH LINE SEE SHEET U-009 TH 5GROUND:7639.34'±SSMH #4RIM: 7638.31'±SE INV.: 7626.54'±NW INV.: 7626.30'±STORM INV= 7640.40'±STORM INV= 7634.85'±XCELCLNCLNERWS-24" PVCPRIVATESOLAR PANEL FOR BUS STOP-QLD24" CMPUS 6CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:45:13 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY PLAN SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100PLAN SHEETU-009UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.MATCH LINE SEE SHEET U-010 0SCALE: 1"=20'20'20'10'ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANNMATCH LINE SEE SHEET U-008 SSMH #5RIM: 7648.75'±SE INV.: 7641.51'±NW INV.: 7639.63'±CLNCMCSTERWS-24" PVCUS 6CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:45:18 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM UTILITY PLAN SHEET EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100PLAN SHEETU-010UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.MATCH LINE SEE SHEET U-009 0SCALE: 1"=20'20'20'10'ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANN CHECKEDSHEET NUMBERPROJECT #SHEET TITLESURVEYEDDATEDRAWN File: O:\Projects\Otak\CO-05000100 Eagle-Vail Trail\2_CAD\DWG\Model\CO-05000100 Eagle-Vail Trail SUE Model.dwgPlot Stamp: 12/16/2021 12:45:22 PM - Tyler Curtis DENVER 150 CAPITOL DRIVE, SUITE 190 GOLDEN, CO 80401 TEL:(720)452-1090 www.t2ue.com12/16/20211-855-222-T2UE | WWW.T2UE.COM TESTHOLE DATA SUMMARY EAGLE-VAIL PHASE 2 SEGMENT OTAK EAGLE-VAIL, COLORADOTJCMPCO-05000100TESTHOLE DATAU-011UTILITY INVESTIGATION STATEMENT OF ASCE 38 COMPLIANCETHE UTILITIES DEPICTED HAVE BEEN INVESTIGATED IN GENERALACCORDANCE WITH THE ASCE 38-02, "STANDARD GUIDELINE FOR THECOLLECTION AND DEPICTION OF EXISTING SUBSURFACE UTILITY DATA,"STANDARD AND SHOWN AT THEIR ACHIEVED QUALITY LEVELS. ALL OTHERINFORMATION HAS BEEN PROVIDED BY OTHERS AND INCLUDED ASREFERENCE ONLY.ESSIONALEN G 58871COLO R A DOREGISTEREDPROFINEER A 12/16/2021S HAU N A WEINMANN 15 EXHIBIT B IV PROJECT SPECIFICATIONS DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 PROJECT SPECIFICATIONS Eagle Valley Trail at The Narrows (Segment 1) Eagle County, Colorado Issued for Construction Set Prepared by: Otak, Inc. 371 Centennial Parkway, Suite 210 Louisville, CO 80027 (303) 444-2073 Otak Project #19279 Exhibit BIV. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 2 COLORADO DEPARTMENT OF TRANSPORTATION PROJECT SPECIAL PROVISIONS EAGLE VALLEY TRAIL AT THE NARROWS (SEGMENT 1) The 2021 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. PROJECT SPECIAL PROVISIONS INDEX Name Page GENERAL INFORMATION ....................................................................................................................................4 SPECIAL CONDITIONS ..........................................................................................................................................5 REVISION OF SECTION 101 DEFINITIONS AND TERMS .................................................................................9 REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA .............................................................10 REVISION OF SECTION 107 PROTECTION OF EXISTING VEGETATION ...................................................11 REVISION OF SECTION 108 PROSECUTION AND PROGRESS .....................................................................12 REVISION OF SECTION 132 CONTROL OF WORK .........................................................................................13 REVISION OF SECTION 201 CLEARING AND GRUBBING ............................................................................14 REVISION OF SECTION 202 REMOVAL OF PAVEMENT MARKING ...........................................................15 REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES ....................................16 REVISION OF SECTION 209 WATERING AND DUST PALLATIVES ............................................................17 REVISION OF SECTION 403 HOT MIX ASPHALT ............................................................................................18 REVISION OF SECTION 606 GUARDRAIL .......................................................................................................21 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS .........................................................................22 REVISION OF SECTION 608 DETECTIBLE WARNINGS .................................................................................25 REVISION OF SECTION 627 PREFORMED THERMOPLASTIC MATERIAL (SPECIAL) ............................26 TRAFFIC CONTROL PLAN - GENERAL ............................................................................................................27 UTILITIES ...............................................................................................................................................................28 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 3 COLORADO DEPARTMENT OF TRANSPORTATION STANDARD SPECIAL PROVISIONS EAGLE COUNTY, COLORADO EAGLE VALLEY TRAIL AT THE NARROWS (SEGMENT 1) Name Date # Pages Revision of Section 103 – Colorado Resident Bid Preference (October 1, 2021) 1 Revision of Section 103 – Consideration of Proposals (January 6, 2022) 1. Revision of Section 105 – Control of Work (Table 105-1) (June 21, 2022) 3 Revision of Section 105 – Control of Work (October 26, 2021) 1 Revision of Section 106 – Buy America Requirements - Non-Federal Aid (October 1, 2021) 1 Revision of Section 108 – Extension of Contract Time (March 18, 2022) 1 Revision of Section 109 – Prompt Payment (Local Agency) (April 26, 2022) 2 Revision of Section 109 – Scale Ticket Requirements (June 21, 2022) 1 Revision of Section 207 – Topsoil (October 1, 2021) 6 Revision of Section 212 – Soil Amendments, Seeding, and Sodding (October 1, 2021) 18 Revision of Section 401 – Reclaimed Asphalt Pavement (October 1, 2021) 2 Revision of Sections 504 & 641 - Walls (Nov. 2, 2021) 27 Revision of Section 601 – Structural Concrete (October 1, 2021) 1 Revision of Section 601 – Concrete Mix Designs (October 1, 2021) 1 Revision of Section 625 – Asset Geospatial Data Collection (July 1, 2022) 1 Revision of Section 630 – Traffic Control Management (March 18, 2022) 1 Revision of Section 702 – Dynamic Shear (June 21, 2022) 1 Revision of Section 703 - Aggregate (Nov. 2, 2021) 9 Revision of Section 703 – Aggregate Gradation Requirements (June 21, 2022) 1 Affirmative Action Requirements Equal Employment Opportunity (October 1, 2021) 11 Special Construction Requirements, Fire Protection Plan (October 1, 2021) 2 DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 4 GENERAL INFORMATION 1. The Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2021 (hereafter referred to as the "Standard Specifications") are made a part of this Contract by this reference, except as revised herein, and are hereby adopted as the minimum Standard Specifications of Compliance for this project. In those instances where the Standard Specifications conflict with any of the provisions of the preceding, the preceding Sections shall govern. 2. The Contractor shall have a copy of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction", 2021 on the project site at all times. 3. The Owner reserves the right to change quantities by up to 33% without constituting a material change to the character of the work; such changes shall not be considered an extra to the Contract because of the Change. 4. The Contractor is responsible for obtaining a CDPS-SCP (Colorado Discharge Permit System - Stormwater Construction Permit) from the CDPHE (Colorado Department of Public Health) prior to construction. 5. The Contractor is responsible to obtain any additional permits, license and/or certification required by Eagle County, or State agencies required to complete the work included in the Contract Documents. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 5 SPECIAL CONDITIONS STANDARD SPECIFICATIONS AND DETAILS - All work shall be done in accordance with the most recent editions of the Colorado Department of Transportation "Standard Specifications for Road and Bridge Construction" (including Standard Special Provisions), except as herein modified. All contractors bidding on this project are responsible for acquainting themselves thoroughly with all applicable specifications prior to submitting their bid. The successful bidder is responsible for thoroughly acquainting all of the personnel he intends to use on this project with all applicable specifications prior to the commencement of any construction. 1. Contractor’s Personnel – Jobsite Conduct - The Contractor and his workers shall maintain a civil decorum throughout the term of this contract. Any workers who make catcalls, harass, argue with, or otherwise act in an antisocial manner toward others will be immediately and permanently removed from the JOBSITE by the Contractor upon direction to do so by the Engineer. If the Contractor fails to heed the City's order in such an instance, the City, at its sole discretion, may immediately terminate this contract, and offer it to the next lowest bidder; or the City, again at its sole discretion, may impose liquidated damages in the amount specified in the Contract for each day the worker remains in attendance. 3. Jobsite Safety - The Contractor shall conduct his operations in a safe manner, and is responsible for all jobsite safety measures. All OSHA regulations and all other pertinent regulations pertaining to the safe operation of construction equipment, workers, methods, and the site shall be strictly adhered to by the Contractor. 4. Utility Structure Access – The Contractor is responsible for locating all water valves, manholes, monument boxes, traffic pull boxes, etc., prior to construction. No sanitary sewer manholes or water valves may be left inaccessible at any time during the construction. All liabilities for damage arising from any public or private utility substructures left inaccessible, or rendered inoperable during construction, will be the Contractor’s responsibility. 5. Construction Joints – Unless otherwise noted in the plans, at all concrete construction joints, dowels consisting of epoxy-coated #4 rebar shall be placed at 18” centers along the entire cold joint and have a minimum embedment length of 6 inches, and be epoxied in place. The dowels shall be placed at construction joints on all concrete sidewalk, concrete bikeway, pavement, curb and gutter. The dowels will not be paid for separately but shall be included in the work. 6. Access Ramp Locations – The final location of all access ramps will be approved in the field by the County prior to pouring the ramp. 7. Access Requirements – Access to building entrances, driveways, and pedestrian routes shall be maintained at all times during construction. Temporary access detours may be allowed, if agreed by both the Engineer and the affected property, in advance of the work. Contractor shall coordinate access detours with the affected property owners and/or residents as may be required to function effectively. Construction and maintenance of temporary access ramps, paths or other temporary facilities at adjacent properties or through work zones shall the responsibility of the contractor. Depending on the frequency of use, the duration it is intended, and the overall performance of the temporary facility, the Engineer may require the use of better performing materials (including asphalt) as appropriate. If the Engineer approves the use of high early concrete to maintain access, the Contractor shall submit a placement plan to the Engineer for approval at least 2 days prior to doing the work. The design mix for the high early concrete shall be submitted one week in advance of the anticipated schedule, and shall be reviewed/approved by the Engineer prior to placement. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 6 -2- SPECIAL CONDITIONS 8. Additional Insured – Eagle County and the Colorado Department of Transportation shall be listed as additional insured on the contractor’s General Liability and Automobile Liability policies on this project. 9. No Local Contractor Preference – There will be no local contractor preference on this project. 10. Working Day Limitations – Section 108.08 of the CDOT Standard Specifications apply with regard to work on holidays and holiday weekends. 11. Utility Potholing – All possible utility conflicts with underground construction, that are identified after getting utility locates in the field, shall be brought to the attention of the Engineer. Upon agreement by the Engineer that a utility should be potholed, the Contractor shall schedule the work, and shall be compensated under Item 203 - Potholing. The Contractor shall notify the Project Manager of any resulting utility conflicts in a timely manner so that any necessary design adjustments can be made prior to the contractor ordering materials and/or suffering delay damages. 12. Construction Schedule – Within five (5) working days of project award, the Contractor and the Engineer shall meet to discuss project and the initial schedule. Prior to the preconstruction conference, the Contractor will furnish the City with a construction schedule in the form of a CPM, indicating the planned dates of work for each salient item of work. The Engineer, at their option, may require weekly updates of the construction schedule. The schedule will be regularly discussed at weekly construction meetings (day and time to be determined). Should the Contractor fail to update the schedule in a reasonable manner acceptable to the Engineer, the City shall withhold further progress payments until the schedule is updated/corrected. Any time extensions requested by the Contractor shall be justified by demonstrating the impact of any delays on the critical path item of work at the time the delay took place and comparing the final completion date to the previous case. 13. Pavement Markings – All pavement marking materials and installation shall be completed by the Contractor as specified below. All pavement markings shall be placed in accordance with CDOT Standard Specification, Section 627 – Pavement Marking. Standards for application concerning line configurations and color designations shall be as shown in the Manual on Uniform Traffic Control Devices unless otherwise specifically authorized by the Engineer. The City will aid the Contractor with the layout of markings; however, the Contractor is responsible for the final placement and string lining. Any errors in marking made by the Contractor shall be physically removed and replaced at no expense to the County. "Painting over" or "blacking out" is not acceptable. The Engineer shall approve the method of removal and replacement in advance of this work. All temporary pavement marking and removal required for pedestrian and vehicular traffic during the work shall be the responsibility of the Contractor. The Contractor shall supply the paint material for the temporary pavement markings and install them according to an approved MHT and the City's traffic engineer. Depending on the sequence of the work, lane striping may require removal of temporary striping and replacement on more than one occasion. The removal of temporary pavement markings will not be paid for separately but shall be included in Item 627 Pavement Marking Paint (Temporary). Maintenance of pavement markings, including repainting of striping, shall not be paid separately. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 7 -3- SPECIAL CONDITIONS 14. Sawcut Joints in Sidewalk/Bikeway – All Concrete Sidewalk and Bikeways shall have contraction joints saw cut per the specifications and details. All joints shall be sealed in accordance with CDOT Standard M- 412. 15. Scheduling/Sequencing Requirements – The contractor shall phase all work to minimize impacts to traffic and neighboring properties. The contractor shall complete all work which affects any mode of traffic in any given project area noted above before moving into the next project area. Additionally, the contractor shall schedule and sequence the work so that the duration of pedestrian, bicycle and vehicular traffic interruptions in any given area are minimized. The contractor shall work diligently from the time an existing area is first disturbed to completion (final grading), before moving to the next. The intent of this specification is to reasonably minimize lane closure impacts to the traveling public and to minimize visual and operational impacts to local businesses by avoiding the appearance of an “unfinished” work area. All reasonable scheduling requests, which satisfy these intents, will be considered by the City. 16. Permits – It is the responsibility of the contractor to abide by all applicable Federal, State and Local permits and codes. The contractor shall thoroughly acquaint him/herself with the details of each before beginning work. 17. Section 701 of the General Conditions is amended to read in its entirety as follows: 701. CONTRACTOR’S WARRANTY AND GUARANTEE The Contractor’s guarantee, for the following items only, shall continue for a period of two (2) years after the date of project acceptance: · Landscaping (CDOT Specification Sections 213 and 214 and Revisions) · Concrete Sidewalks (CDOT Specification Section 608 and Revisions) Performance indicators and corrective actions for these items of work are detailed in the corresponding sections of the contract documents. If within ten (10) days after written notice by the project manager to the contractor, or its agent, requesting corrective actions pursuant to the contract documents, the contractor shall neglect to make or undertake with due diligence to do the same, the city may make corrective actions in accordance with the terms of the Contractor’s performance bond at the Contractor’s and/or surety’s expense, provided, however, that in the case of emergency where, in the judgment of the project manager, delay would cause serious loss or damage, corrective actions may be made without notice being sent to the contractor. The contractor warrants and guarantees to the city that all materials and equipment will be new, unless otherwise specified, suitable for the purpose intended and will be of the highest quality, new, merchantable, and fit for the purpose for which they are intended. Contractor further warrants that it has full title to all equipment, components and other items conveyed to the city under the terms of this contract, that its transfer of such title to the city is rightful and that all such equipment, components and other items shall be transferred free and clear from all security interests, liens, or encumbrances, whatsoever. The contractor agrees to warrant and defend such title against all persons claiming the whole or any part thereof at no cost to the city. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 8 -4- SPECIAL CONDITIONS All subcontractors’, manufacturers’ and suppliers’ warranties and guarantees, expressed or implied, for any part of the work and any materials used therein, shall be obtained by the contractor for the benefit of the city whether or not such warranties have been assigned or otherwise transferred to the city. The contractor shall assign or transfer such warranties and guarantees to the city if the city requests the contractor to do so. The duties and obligations imposed by these general contract conditions and the rights and remedies available hereunder and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the contractor and the remedies available to the city thereunder, shall be in addition to and not a limitation of any otherwise imposed or available by law, by special guarantee or other provisions of the contract documents. Nothing herein shall be construed to establish a period of limitation with respect to any other obligation which the contractor might have under the contract documents. The establishment of the warranty period set forth above relates only to the specific obligations of the contractor to correct known defects in the work which are discovered and called to the contractor’s attention during the warranty period, and has no relationship to the time within which its obligation to comply with the contract documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the contractor’s liability with respect to its obligations and resulting damages. Nothing herein shall limit the City’s right to seek recovery for latent defects which are not observable until after the warranty periods have run. The contractor shall repair or replace all damaged or defective work immediately upon discovering any damage or defect, provided such damage or defect is not due to a design error caused by the city or an A/E hired by the city or an agent or employee thereof. The contractor’s warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the construction manager, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage to the extent the above do not arise out of contractor’s action or failure to act. The contractor shall promptly, without cost to the city and in accordance with the project manager’s written instructions, either correct such defective work, or, if it has been rejected by the city, remove it from the site and replace it with non-defective work. The contractor’s guarantee shall cover all materials and equipment incorporated in the work, and shall cover the work of the contractor and any subcontractors and their employees and agents engaged in the work. As used in this contract, the terms “warranty” and “guarantee” shall be synonymous, and the terms “warranty period” and “guarantee period” shall be synonymous. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 9 REVISION OF SECTION 101 DEFINITIONS AND TERMS Technical Specifications related to construction materials and methods for the Work embraced under this Contract shall consist of the “Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction” dated 2021. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of the Contract. A summary of redefinitions follows: a. 1.01.09 CDOT Resident Engineer. The Project Manager, Eagle County, Colorado or designated representative. b. 101.28 Department. Eagle County, Colorado c. 101.29 Engineer. The Construction Engineer for Eagle County, Colorado, or designated representative. d. 101.39 Laboratory. Eagle County, Colorado, or their designated representative. e. 101.51 Project Engineer. The Project Manager, Eagle County, Colorado or designated representative. f. 101.58 Region Transportation Director. Eagle County, or designated representative. g. 101.76 State. Eagle County, Colorado (where applicable) DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 10 REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: The Project Manager does not warrant the 3D modeling data and this information is not considered to be a part of the Contract. If bidders use the 3D modeling data in preparing a proposal or planning and prosecuting the work, it is used at their own risk, and bidders are responsible for all conclusions, deductions, and inferences drawn from the 3D modeling data. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 11 REVISION OF SECTION 107 PROTECTION OF EXISTING VEGETATION Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.12 shall include the following: A. The Contractor shall save all existing vegetation in this area, except for those trees and shrubs which must be removed to accommodate construction of the project and as indicated on the plans. B. The Contractor shall perform all the work in such a manner that the least environmental damage will result. All questionable areas or items shall be brought to the attention of the Engineer for approval prior to removal or any damaging activity. Trees and/or shrubs that are damaged during construction but could have been saved shall be replaced at the expense of the Contractor. C. The following measures shall be taken to protect existing trees adjacent to the project: 1. Fencing material shall encircle any trees whose outer drip line edge is within 20 feet of any construction activities. The fencing material shall be bright, contrasting color, durable, and a minimum of 4 feet in height. Posts used shall be comparable to metal T-post or heavier weight, and placed to a depth of no less than 2 feet below ground level. Fencing material shall be placed at the drip line or 15 feet from tree trunk, whichever is greater, and maintained in an upright position throughout the duration of construction activities. 2. No material shall be placed or piled within the drip line of existing trees. No heavy objects such as wood pallets, metal railings, etc., shall lean against or come into contact with tree trunks. 3. When root cutting is unavoidable, a clean sharp cut shall be made to avoid shredding or smashing. Exposed roots shall be covered immediately to prevent desiccation. Where roots will be cut in a straight line, such as behind a curb or along a sidewalk, a saw such as a concrete saw with a sharp blade that penetrates 1 foot shall be used on top of the ground prior to excavating so that the roots are not torn or smashed during excavation. 4. With the approval of an Eagle County representative, if foot traffic or equipment is unavoidable within the drip line, the area within the drip line shall be mulched with wood chips to a depth of six inches prior to construction activity. Six-inch mulch depth shall be maintained for the duration of the project, and shall be removed upon completion of the project. D. Measurement and Payment: All work necessary as defined in the specifications to protect the existing trees shall not be paid for separately, but shall be included in the cost of the work. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 12 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor shall present a CPM schedule to Eagle County at least seven calendar days prior to the preconstruction conference. This schedule shall show the major features of each phase of the project for the entire project time frame. Subsection 108.05 shall include the following: The contractor shall schedule all work between 7:00 A.M. and 7:00 P.M Monday through Friday. In cases before and after traffic shifts require full-time reduction from two through lanes to one, disruption of traffic with single lane closures shall be as follows: · Hwy 6 lane closures – 8:30am to 4:00pm Night and weekend work will be allowed only with the prior written authorization of the Engineer and CDOT. The Contractor may make emergency repairs to provide protection of the work and traveling public at any time. All on- roadway work or work that indirectly or directly interferes with the flow of traffic (vehicle, pedestrian, and bicycle) shall be in accordance with an approved Traffic Control Plan. Meetings will be required to review progress and to plan upcoming activities. Representatives from the Contractor and all active subcontractors shall attend the meetings. Such meetings will be required on a weekly basis at a time to be determined by Eagle County and the Contractor. Additional meetings will be held when required by Eagle County or the Contractor. The Contractor shall submit at the weekly progress meeting a written statement of planned work activities and anticipated inspection and testing requirements of the upcoming week. A 24 hour notice shall be provided to Eagle County by the Contractor if the Contractor elects to change the planned work activities. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 13 REVISION OF SECTION 132 CONTROL OF WORK Section 132.00 of the Standard Specifications is hereby revised for this project as follows: Add Subsection 132.09 Project Schedule, as follows The Contractor shall present a preliminary bar chart or Critical Path Method diagram to the City and County of Broomfield prior to the work. This preliminary bar chart or progress schedule shall show the major salient features of the project through completion. The minimum salient features to be shown on the Contractor's Progress Schedule are: · Traffic Control · Erosion Control · Removals and Demolition · Drainage Facilities · Structures/Walls · Bikeway Grading and Paving · Guardrails · Asphalt Paving and Striping · Restoration Meetings will be required to review progress and plan upcoming activities. The Traffic Control Supervisor and representatives from the Contractor and all active subcontractors shall attend the meetings. Such meetings will be required on a weekly basis at a time to be determined by the Engineer and the Contractor. The Contractor shall submit at the weekly progress meetings a written statement of planned activities and anticipated inspection, testing, and surveying requirements for the upcoming week. The Contractor shall provide a twenty-four-hour notice to the Engineer if the Contractor elects to change a planned activity. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 14 REVISION OF SECTION 201 CLEARING AND GRUBBING Subsection 201.01 shall include the following: Clearing and grubbing includes the removal and disposal of the miscellaneous debris within the project limits to include: trees, branches, trunks, all tree stumps regardless of size, shrubs, plant materials, miscellaneous landscaping materials, sod, bank protection rock and concrete and other materials within the work area not otherwise listed as a pay item. Trees that are 6-inches in diameter or less are included in this item. This work also includes the preservation from injury or defacement of all vegetation and objects designated to remain. The Contractor and Engineer shall establish environmental limits during walk through. No trees, shrubs, plants, grasses, and other vegetation shall be removed until marked and approved by the Engineer. Subsection 201.04 shall include the following: Payment will be made under: Pay Item Pay Unit Clearing and Grubbing Acre Trimming of trees, removal of trees 6-inches in diameter or less (measured 3 feet above adjacent ground), the removal of branches, trunks, shrubs, plant materials, miscellaneous landscaping materials, embankment protection rock, boulders, and sod will not be paid for separately but shall be included in the work. Chipping, hauling, and disposal of removed materials will not be paid for separately but shall be included in the work. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 15 REVISION OF SECTION 202 REMOVAL OF PAVEMENT MARKING Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.01 shall include the following: At all locations where the existing stencil is applied to the surface of the pavement, the existing stencils shall be removed from the hot mix asphalt or concrete pavement by hand or mechanical grinding. The asphalt pavement or concrete pavement shall then be removed to a depth of 90 mils + 10 mils to prepare an inlaid area for the new stencil to be installed. Subsection 202.05 shall include the following: For stencils that are already inlaid. The inlaid depth shall be checked to see if it meets the requirement of 90 mils + 10 mils. If the inlaid depth is not deep enough, it shall be milled to the required depth of 90 mils + 10 mils and paid as Removal of Pavement Marking (Grinding). Existing stencils that are not inlaid shall be removed and a grinding machine shall be used to produce a recessed area to a depth of 90 mils + 10 mils and paid as Removal of Pavement Marking (Grinding). The grinding machine shall be capable of adjusting from 4-inch wide passes to 12-inch wide passes. The grinding procedure shall produce a horizontal, smooth surface to a depth of 90 mils + 10 mils or as approved by the Engineer. The procedure shall be capable of grinding a 10 foot straight line with a tolerance of + 1 inch. The area of removal shall be a maximum of 1 inch larger than the stencil that is to be applied with the following exceptions: ● Turn arrows shall be ground with multiple passes to minimize extra grinding; no rectangular grinds shall be allowed. ● All words shall be one large rectangular grind. After grinding, all loose dust and dirt shall be removed prior to application of pavement marking material. All leading edges of stencils shall be beveled at a 45o angle. On concrete pavement, all loose dust and dirt shall be removed prior to application of pavement primer and pavement marking material. All leading edges of stencils shall be beveled at a 45o angle. On hot mix asphalt pavements with a competent chip seal surface, grinding shall not be allowed as determined by the engineer. Stencils shall be applied directly on the existing, cleaned surface of the chip seal in accordance with the manufacturer’s specifications. Removal of Pavement Marking (Grinding) will be measured as actual square feet of the new stencil to be installed for lines and symbols. For word stencils or where additional grinding is required to remove existing stencils that will not be replaced, payment shall be for the measured square feet of ground area. Payment will be made under: Pay Item Pay Unit Removal of Pavement Marking (Grinding) Square Foot Payment will be full compensation for all work, material and equipment required to complete the grinding. Removal of material after grinding will not be measured and paid for separately, but shall be included in the work. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 16 REVISION OF SECTION 206 EXCAVATION AND BACKFILL FOR STRUCTURES Section 206 of the Standard Specifications is hereby revised for this project as follows: Subsection 206.07 shall include the following: For Storm and Sanitary Sewer Manholes and Inlets: Structure Backfill (Flow-Fill) shall be used to backfill all manholes and inlets. The limits of flow-fill shall be the excavation limit of the manholes. The fill shall extend upward to the proposed finish subgrade. The flow-fill will not be measured and paid for separately but shall be included in the work. For Storm, Sanitary and Water Pipes: Limits and materials for Structure Excavation and Structure Backfill for all storm, sanitary and water pipes shall be in accordance with the CCOB Utility Trench and Pipe Bedding details as shown on the plans. Structure Excavation, Structure Backfill, Structure Backfill (Flow-Fill), Bedding (including granular bedding material up to 12 inches above the top of the pipe) and embankment material required for all pipes including end sections will not be measured and paid for separately, but shall be included in the work. Subsection 206.11 of the Standard Specifications is hereby revised for this project as follows: The accepted quantities of shoring measured as provided above will be paid for at the contract unit price bid. Payment will be made under: Pay Item Pay Unit Shoring (Area 1) Lump Sump Shoring (Area 2) Lump Sump Payment for shoring will be full compensation for all labor, materials, and equipment required to design, construct, test, maintain, and dewatering. Removal of the shoring shall include removal of all shoring elements. The removal area shall be specified in the plans. Removal of shoring will not be measured and paid for separately but shall be included in the work. The Department will pay for additional proof and verification testing, as requested by the Engineer, in accordance with subsection 109.04. Other incidental shoring that is not included as a pay item will not be measured and paid for separately but shall be included in the work. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 17 REVISION OF SECTION 209 WATERING AND DUST PALLATIVES Section 209 of the Standard Specifications is hereby revised for this project as follows: Subsection 209.08 is hereby revised as follows: Water required for all items of work including but not limited to applying water to soils or aggregates for moisture and density control, landscaping, pre-wetting an excavation area, moisture coat for concrete overlays and dust palliatives will not be measured and paid for separately, but shall be included in the work. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 18 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 VALUE FOR PROPERTY TEST METHOD Grading (SX75) Air Voids, percent at N(des) CPL 5115 3.0-4.0 Lab Compaction (Revolutions) N(des) CPL 5115 75 Stability, minimum CPL 5106 28 Aggregate retained on the No. 4 sieve with at least 2 Mechanically Induced fractured faces, % minimum CP 45 70 Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman), minimum CPL 5109 80 Method B Minimum Dry Split Tensile Strength, psi (kPa) CPL 5109 30 (205) Method B Grade of Asphalt Cement, all layers PG 58-28 Voids in the Mineral Aggregate (VMA), % min CP 48 See TABLE 403-2 Voids Filled with Asphalt (VFA), % AI MS-2 65-80 Dust to Asphalt Ratio Fine Gradation CP-50 0.6 — 1.2 Coarse Gradation CP-50 0.8 — 1.6 ___________________________________________________________________________ Note: AI MS-2 = Asphalt Institute Manual Series 2 Note: The current version of CPL 5115 is available from the Region Materials Engineer Note: Mixes with gradations having less than 40% passing the 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 ¾ inch or smaller are considered a coarse gradation if they pass below the maximum density line at the #8 screen. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. The Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. CDOT will establish the production asphalt cement and volumetric targets based on the Contractor’s mix design and the relationships shown between the hot mix asphalt mixture volumetric properties and asphalt cement contents on the Form 429. CDOT may select a different AC content other than the one shown at optimum on the Contractor’s mix design in order to establish the production targets as contained on the Form 43. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 19 - 2 - REVISION OF SECTION 403 HOT MIX ASPHALT TABLE 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size * Inches (mm) ***Design Air Voids ** 3.0% 3.5% 4.0% 1 1/2 (37.5) 11.5 11.6 11.7 1 (25.0) 12.5 12.6 12.7 3/4 (19.0) 13.5 13.6 13.7 1/2 (12.5) 14.5 14.6 14.7 3/8 (9.5) 15.5 15.6 15.7 * The nominal 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. *** VMA values for production air voids adjustments shall be based on target air voids on the Form 43. 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. CDOT approved Warm Mix Asphalt (WMA) may be allowed on this project in accordance with CP-59. If the Contractor proposes and is allowed by the Engineer to place any pavement at temperatures below those shown in Table 401-3 of the Standard Specifications, WMA shall be required. However, the use of WMA does not change any temperature requirements unless otherwise approved by the Engineer. Unique requirements for WMA design, production and acceptance testing as documented during CDOT WMA approval shall be submitted and approved prior to creation of the Form 43 and before any WMA production on the project. Any delays to the project due to WMA submittal and review shall be considered within the Contractor’s control and will be non-excusable. For haul times over 1 hour or distances greater than 50 miles from the asphalt plant to the laydown machine, whichever is less, a chemical additive shall be added to extend the asphalt compaction temperature window. The minimum dosage shall be that specified by the manufacturer for use as a compaction aid. A separate mix design will not be required for this use of warm mix asphalt. The additive used shall be an approved product. The Contractor shall notify the Engineer of the product to be used and the dosage prior to use. A minimum of one percent hydrated lime by mass (weight) of the combined aggregate shall be added to the aggregate for all hot mix asphalt. Acceptance samples shall be taken at the location specified in either Method B or C of CP 41, as determined by the Region Construction and Materials personnel. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 20 - 3 - REVISION OF SECTION 403 HOT MIX ASPHALT Subsection 403.03 shall include the following: The Contractor shall construct the work such that all roadway pavement placed prior to the time paving operations end for the year, shall be completed to the full thickness required by the plans. The Contractor's Progress Schedule shall show the methods to be used to comply with this requirement. 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, warm mix asphalt, and/or other additives, hydrated lime, tack coat, 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. 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, or 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 up to 0.5 percent. However, the Contractors bidding the work should anticipate the AC increases typical of their mixes and factor it into their unit prices. 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. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 21 REVISION OF SECTION 606 GUARDRAIL Section 606 of the Standard Specifications is hereby revised for this project as follows: In Subsection 606.02, delete eighth paragraph and include the following: Guardrail posts and blocks shall be wood. Guardrail posts shall be seven foot in accordance with the restrictive roadside installation detail in Standard Plan M-606-1. All new guardrail shall be 31” height per M Standard 606-1 Midwest Guardrail System (MGS) Type 3 W-Beam 31 Inches. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 22 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.02 shall include the following: In Subsection 608.02 delete the second paragraph and replace with the following: Concrete for all sidewalks and bikeways shall meet the requirements of Class D Concrete and meet the requirements of Section 601. Concrete for items identified as (COLORED) shall be – “Davis Color Flagstone Brown” proportioned according to the manufacturer’s recommendations. Concrete for Concrete Sidewalk (6 inch) Reinforcing Steel, where called for in the plans, shall be in accordance with Section 602. Subsection 608.03 shall include the following: In Subsection 608.03 (d) delete the first paragraph and replace with the following: Finishing. The surface shall be Medium-to-Fine-Textured Broom Finish: Draw a soft-bristle broom across float- finished concrete surface perpendicular to the line of traffic to provide a uniform, fine-line texture. In Subsection 608.03(e), delete the first paragraph and replace with the following: Joints. Expansion joints shall be placed between existing and proposed concrete sidewalks or bikeways. Expansion joints, at intervals of not more than 200 feet, shall be filled with ½ inch thick full depth, preformed expansion joint filler. The sidewalk or bikeway shall be divided into sections by control joints by saw cutting. Tooled control joints are not acceptable (unless shown in the plans). These control joints shall extend into the concrete for ¼ of the depth and shall be approximately 1/8 inch wide. Control joints shall be spaced at intervals equal to the width of the sidewalk or bikeway and not greater than 10 feet unless otherwise directed by the Engineer. All joints shall be sealed in accordance with Section 412.18. Subsection 608.03 (e) shall include the following: Joints. Dummy joints in Concrete Bikeway shall be saw-cut. Dummy joints in Concrete Sidewalk shall be saw-cut unless otherwise approved. Subsection 608.03(f) shall include the following: The Contractor shall protect the concrete from the elements and physical damage. All concrete showing any signs of exposure to precipitation, flowing water, freezing or physical damage shall be removed and replaced at the Contractor’s expense. Sections of sidewalks, bikeways and curb ramps that develop random cracking shall be replaced. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 23 -2- REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Subsection 608.06 shall include the following: Pay Item Pay Unit Concrete Thickened Edge Linear Foot Concrete Bikeway (6-Inch) Square Yard All work necessary and incidental to the construction of concrete sidewalk and curb ramp will not be measured and paid for separately but shall be included in the work. Materials, equipment and labor for expansion and contraction joints, truncated domes, and ADA compliant ramp flatwork shall be included in the cost of the concrete sidewalk. The cost of the color admixture will not be paid for separately but included in the cost of the concrete sidewalk and curb ramps. Jointing and sawcutting will not be paid for separately but are included in the cost of the work. Reinforcing steel, including dowels, will not be measured or paid for separately but shall be included in the work. Add Subsection 608.07 - Repair of Defective Concrete. Defective concrete shall be repaired or replaced at the Contractor’s expense. This corrective work shall be accomplished prior to joint sealing and final smoothness measurement. Defective concrete sidewalk replaced after smoothness measurement shall be retested for final smoothness. The Contractor’s corrective work plan shall be approved prior to performing the work. When necessary, the extent of defects will be determined by the inspection of cores drilled at the Contractor’s expense. Sidewalk slabs with any of the following conditions shall be removed and replaced: 1. Sidewalk/bikeway slabs in driving lanes containing one or more cracks through the full depth of the slab that separate the slab into two or more parts. If the Contractor can demonstrate that the crack was caused by factors beyond the Contractor’s control, the Contractor will be reimbursed the costs to remove and replace the slab. 2. Sidewalk/bikeway slabs containing honeycombed areas. 3. Sidewalk/bikeway slabs containing an extreme void as defined below. 4. Sidewalk/bikeway slabs containing more than one void greater in depth than half the sidewalk thickness. 5. Sidewalk/bikeway slabs containing a cumulative surface area of moderate and severe voids, as defined below, greater than one percent of the slab’s total area. 6. Sidewalk/bikeway slabs containing 20 or more severe voids as defined below. A void is a defect in a slab caused by air pockets, clay balls, clumps of sand, cement or reinforcing fibers caused by incomplete mixing or foreign materials such as cans, rags, bottles, etc. The defect will be considered a moderate void when the largest dimension, either height, width or length is at least ½ inch but no more than 2 inches. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 24 -3- REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS The defect will be considered a severe void when the largest dimension, either height, width or length is greater than 2 inches. The defect will be considered an extreme void when the largest dimension, either height, width or length is greater than the thickness of the sidewalk. When the Engineer determines that voids are at an unacceptable level, the paving shall stop, and the cause shall be identified and corrected by the Contractor before paving operations are allowed to resume. Concrete slabs that are determined by the Engineer to be acceptable if repaired shall have voids filled using materials from the Department’s Approved Products List and methods approved by the Engineer. When portions of concrete sidewalk are removed and replaced, the portion removed shall be the full width of the lane and length of the affected slab. Slabs with cracks penetrating the full depth of sidewalk shall be removed as required above. Cracks that penetrate partial depth may, with the written approval of the Engineer, be epoxy injected using materials from the Department’s Approved Products List and methods approved by the Engineer. Joints and cracks that are spalled shall be repaired as follows: 1. A saw cut at least 1 inch outside the spalled area and to a minimum depth of 2 inches shall be made parallel to the joint or crack. 2. The concrete between the saw cut and the joint or crack shall be chipped out to solid concrete to a minimum depth of 2 inches. 3. The cavity formed shall be thoroughly cleaned. 4. A prime coat of epoxy-resin binder shall be applied to the dry, cleaned surface on all sides of the cavity, except the face of the joint or crack. The prime coat shall be applied by scrubbing prime coat material into the surface with a stiff bristle brush. 5. Placement of portland cement concrete or epoxy-resin concrete shall immediately follow the application of the prime coat. If the spalled area, to be repaired, abuts a working joint or a working crack which penetrates the full depth of the sidewalk, an insert or other bond-breaking medium shall be used to maintain the working joint or crack during the repair work. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 25 REVISION OF SECTION 608 DETECTABLE WARNINGS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps as shown on the plans. Subsection 608.02 shall include the following: Detectable warnings shall be truncated dome plates of the dimensions shown on the plans. Domes shall be prefabricated by the manufacturer as a pattern on embeddable surface plates. Plates shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes shown on the plans. The detectable warning plates used shall be cast iron East Jordan Iron Works (EJIW) Detectable Warning Plates, or an approved equivalent product. · Cast iron plates with a “rust” colored tone, or “Natural Finish” as produced by East Jordan Iron Works. The domes and their underlying surface shall have a discernible contrast of color from the adjacent surface. The contrasting colors shall not be black and white. When plates are used, prior to the start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample plate, to the Project Engineer for approval. Subsection 608.03 shall include the following: (g) Detectable Warnings. 1. Plates. Prior to installation of the plates, concrete conforming to subsection 608.02 shall be installed and consolidated as a base for the plates. The concrete shall be placed to a thickness that will allow the base surface of the plates to be at the same elevation as the adjacent concrete. The plates shall be embedded into the plastic concrete in accordance with the manufacturer’s specifications. Subsection 608.05 shall include the following: The unit price for the truncated domes will be per the unit price and will include all of the materials. All work and materials necessary for fabrication, transport, and installation of all aspects of the truncated domes will be considered incidental to the Unit Bid Price. Subsection 608.06 is revised to include the following: Pay Item Pay Unit Detectable Warnings Square Feet DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 26 REVISION OF SECTION 627 PREFORMED THERMOPLASTIC MATERIAL (SPECIAL) Section 627 of the Standard Specifications is hereby revised for this project as follows Subsection 627.09 shall include the following: Preformed Thermoplastic Pavement Marking stencils shall have a thickness of 125 mils. Marking shall be able to be applied at ambient and surface temperatures down to 32oF without any preheating of the pavement, special storage, preheating or treatment of the material before application. The top surface of the stencils (the same side as the factory applied surface beads) shall have an indicator system for the Contractor and inspector to properly gauge the correct amount of heat to apply during installation. The indicator system shall have a positive visual indication, such as indents closing together when the material has reached the correct installation temperature. The indicator system must also provide a positive, visual indication if the material has not reached the correct installation temperature. All stencils shall have beads on the surface of the stencil. No reversible stencils will be allowed. Stencil installation shall conform to manufacturer’s recommendations. The Contractor shall be required to provide on-site training prior to installation of the first stencil. The training shall be conducted by an authorized manufacture representative. All crew members on the work site shall be certified by the stencil manufacture. The training shall include surface preparation and stencil installation for both hot bituminous pavement and concrete pavement. The training shall be coordinated with, and attended by CDOT project engineer and inspector. All costs associated with providing this training will not be measured and paid for separately, but shall be included in the work. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 27 TRAFFIC CONTROL PLAN - GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10(a) of Current CDOT standard specifications. The components of the TCP for this project are included in the following: (1) Section 630 of the specifications. (2) Standard Plan S-630-1, Traffic Controls for Highway Construction, Case 1,11,29 Standard Plan S-630-2 and Standard Plan S-630-3 (3) Signing Plans. Unless otherwise approved by the Engineer, the Contractor’s equipment shall follow normal and legal traffic movements. The Contractor’s ingress and egress of the work area shall be accomplished with as little disruption to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to that used for installation. This may require moving backwards through the work zone. When located behind barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction opposite to adjacent traffic. The responsibility under the Contract for all traffic control resides with the Contractor and any such participation by law enforcement personnel in Contractor traffic control activities will be referenced in either the Special Provisions or General Notes of the plans depending on whether the Contractor is to hire local law enforcement. Nothing in this Contract is intended to create an entitlement, on the part of the Contractor, to the services or participation of the law enforcement organization. Special Traffic Control Plan requirements for this project are as follows: During the construction of this project, traffic shall use the present traveled roadway unless identified on the plans or approved by the Engineer. Traffic shall not be delayed for more than 15 minutes, except as allowed below or as directed by the Engineer. For any closure exceeding 2 hours, emergency evacuation procedures as determined by Eagle County shall be in place. Local business access shall be provided at all times during construction. The contractor will be notified by Eagle County at least 30 days prior of any special events, such as holiday celebrations or races, that pose a safety concern within the work zone. The Contractor may be required to suspend work prior to, and during such an event. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 28 UTILITIES Known utilities within the limits of this project are: The work described in these plans and specifications requires full cooperation between the Contractor and the utility owners in accordance with subsection 105.11 in conducting their respective operations so the utility work can be completed with minimum delay to all parties concerned. The Contractor shall be required to meet with each utility owner impacted by the work a minimum of thirty (30) days in advance of any construction operations to coordinate required utility work with the construction activity. Coordination with utility owners includes, but is not limited to, providing and periodically updating an accurate construction schedule that includes all utility work elements. Surveying and/or staking of utility relocations to be performed by the owner shall be the responsibility of the owner. The Contractor shall provide traffic control for any utility work expected to be coordinated with construction operations as directed by the Engineer. However, traffic control for utility work outside of typical project work hours or outside of project limits shall be the responsibility of the utility owner. The Contractor shall be compensated for traffic control as per the bid items for traffic control as established on this project. FOR EACH UTILITY OWNER SHOWN BELOW, THE WORK LISTED UNDER “CONTRACTOR RESPONSIBILITIES” SHALL BE PERFORMED BY THE CONTRACTOR IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS, OR AS DIRECTED BY THE ENGINEER. EACH UTILITY OWNER, OR THEIR AGENTS, WILL PERFORM THE WORK LISTED UNDER “UTILITY COMPANY RESPONSIBILITIES”. IF A UTILITY OWNER IS NOT SPECIFICALLY SHOWN BELOW, IT IS BECAUSE THERE ARE NO KNOWN CONFLICTS WITH THEIR FACILITIES. HOWEVER, THE CONTRACTOR SHALL BE RESPONSIBLE FOR REQUESTING LOCATES AND PROTECTING ALL EXISTING UTILITIES FROM DAMAGE DUE TO THE CONTRACTOR’S OPERATIONS. WORK TO BE PERFORMED BY THE CONTRACTOR Sta. 27+14 to Sta. 29+90: Protection of Existing Sanitary Sewer Utility Owner: Eagle River Water and Sanitation District The contractor shall protect-in-place an existing 24-Inch Sanitary Sewer main within the limits of excavation for cast-in-place concrete wall construction. Protection of the existing utility may include, but is not limited to, frost/temperature protection, protection or replacement of existing utility trench material, and coordination and monitoring by utility owner. All measures requested and required by the utility owner to protect the existing utility in place shall be performed by the contractor at no additional cost to the project, and shall be included in the cost of the work DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925 Eagle Valley Trail at The Narrows (Segment 1) Issued for Construction Set January 25, 2023 29 - 2 - UTILITIES WORK TO BE PERFORMED BY THE UTILITY OWNER Sta. 27+14 to Sta. 29+90: Relocation of Fiber Optic Duct Bank Utility Owner: Century Link An existing concrete-covered fiber optic duct bank is expected to be relocated prior to the start of construction in the areas of cast-in-place wall construction. The contractor may encounter abandoned materials during wall excavation. The abandoned materials may be removed by the contractor at no additional cost to the project, after approval by the Engineer and Utility Owner. Notice shall be given to the Utility Owner and Engineer prior to removal of any encountered abandoned utility lines. The Contractor shall keep each utility owner advised of any work being done to its facility so that each utility owner can coordinate its inspections for final acceptance of the work with the Engineer. GENERAL: The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) 811 or 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. The location of utility facilities as shown on the plan and profile sheets, and herein described, were obtained from the best available information. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. DocuSign Envelope ID: 1187A570-3D0F-411B-B0A7-BDD22D519925