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HomeMy WebLinkAboutC24-302 Nottingham Excavating & TruckingCONSTRUCTION AGREEMENT FOR THE ADAM’S WAY CONNECTOR TRAIL THIS CONSTRUCTION AGREEMENT (“Agreement”) is effective as of _________________ by and between Nottingham Excavating & Trucking, Inc., a Colorado Corporation (hereinafter “Contractor”), and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, on April 25, 2024, County published a Request for Proposals (the “RFP”) soliciting proposals for construction of the Adam’s Way Connector Trail (the “Project”) on the Brush Creek Valley Ranch and Open Space (the “Property”). On May 30, 2024, County subsequently published an addendum to the RFP (the “Addendum”). A copy of the RFP and Addendum is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, major work items identified in the RFP and Addendum in conjunction with the Project include, but are not limited to, construction of an approximately 700-linear feet, 12-foot- wide gravel trail which transitions to a 4-foot-wide trail for an additional 200-linear feet. The Project further includes construction of a 12-foot-wide trail from Brush Creek Road to the existing parking lot and replacement of two existing 18-inch culverts and adding two new culverts (18-inch and 12-inch), signage, pavement markings, gates, cattle guard, and fencing; and WHEREAS, Contractor submitted a proposal dated June 6, 2024 (the “Proposal”) in response to the RFP and was selected as the successful respondent to the RFP. A copy of the Proposal is attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, County desires to contract with Contractor for the construction of the Project, and Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the equipment, materials, and installation services for completion of the Project as set forth below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection with the procurement of materials and the construction of the Project. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and following covenants set forth herein, County and Contractor agree as follows: ARTICLE 1 – THE PROJECT AND THE WORK 1.1 The Project which is the subject matter hereof is generally described as follows: construction of an approximately 700-linear feet, 12-foot-wide gravel trail which transitions to a 4-foot-wide trail for an additional 200-linear feet on the Property. The Project further includes construction of a 12-foot-wide trail from Brush Creek Road to the existing parking lot and replacement of two existing 18-inch culverts and adding two new culverts (18-inch and 12-inch), Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 7/16/2024 2 signage, pavement markings, gates, cattle guard, and fencing. Contractor shall supply and perform all work to complete the Project as specified in the Contract Documents (“Work”). 1.2 A more complete description of the Project and the Work and a description of the applicable Project site (the “Site”) is provided by the Contract Documents. 1.3 Capitalized terms that are not defined in this Agreement shall have the meanings ascribed to them in the General Conditions and (or) the other Contract Documents as applicable. 1.4 The intent of the Contract Documents is to include all items reasonably necessary for the proper execution and completion of the Work. The Contract Documents are complementary and what is required by any one shall be binding as if required by all. Based on Contractor’s careful review of the Contract Documents, Contractor acknowledges that the Contract Documents require the construction of a completed Project in accordance with the terms hereof. 1.5 Contractor shall perform all the Work required by the Contract Documents or reasonably inferable therefrom, for the complete construction of the Project in accordance with the Contract Documents. Contractor shall provide and furnish all materials, supplies, equipment, tools, implements, all other facilities, and all other labor, supervision, security, transportation, utilities, storage, appliances and all other services as and when required for or in connection with the complete construction of the Project. 1.6 Contractor shall complete the Work in compliance with any additional terms and conditions required by applicable federal, state, or local law and (or) applicable permits. ARTICLE 2 - COUNTY'S REPRESENTATIVE 2.1 The Project is under the authority of the of the Eagle County Open Space and Natural Resources Department. Deron Dircksen, Engineer of record and Project Manager with SGM shall be Contractor’s contact with respect to this Agreement and performance of the Services. 2.2 Contractor’s representative is Travis Nottingham, President. 2.3 Neither County’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 October 28, 2024. Final Completion in accordance with the Contract Documents shall occur on or before November 11, 2024. 3.2 Contractor shall employ all such additional labor, services and supervision, including such extra shifts and over time, as may be necessary to maintain and to achieve Final Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 3 Completion in accordance with the Contract Documents on or before November 11, 2024, all without an increase in the Contract Price. ARTICLE 4 - CONTRACT PRICE 4.1 County shall pay Contractor, for Contractor’s performance of the Work under the Contract Documents, including contingencies, an amount not to exceed four hundred eight thousand, eight hundred eighty-seven dollars and ten cents ($408,887.10) “Contract Price” or “Guaranteed Maximum Price” or “GMP”). Any project savings, below the Guaranteed Maximum Price, resulting from bidding of subcontractors and other costs of the work shall accrue to 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 County is a tax-exempt entity and that County has appropriated funds for this Project in a sum equal to or in excess of the Contract Price. 4.4 County 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 County, 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 County 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. Further, County will, in accordance with the Contract Documents and C.R.S. § 24-91-103.6(2)(c), make reimbursements for Contractor's costs on a periodic basis, as defined in the Contract Documents, for all additional Work that is directed by County and performed by Contractor until a change order is finalized. In no instance, shall the periodic reimbursement be required before the Contractor has submitted an estimate of cost to the County for the additional Work to be performed. 4.6 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, County 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 4 appropriation therefore by the County 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: County 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. County shall have the right to request and inspect supporting documentation for progress payments, including but not limited to receipts and invoices evidencing payments of charges associated with the Work. 5.2 The period covered by each Application for Payment shall be one calendar month beginning on the first of each month and ending on the last day of the month. 5.3 Each Application for Payment shall be based upon the unit prices, percentage of completion, 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 Final Completion, County 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, County 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) County has made a detailed examination, audit or arithmetic verification of the documentation submitted by Contractor; (ii) County has made exhaustive or continuous on-site inspections of the Work; or (iii) County 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, County shall pay the remainder of the Contract Price. The final payment shall not be made until after final settlement of this contract has been duly advertised at least ten (10) days prior to such final payment by publication of notice Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 5 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 County 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. County 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 County. 5.8 County may withhold payments due to Contractor, to such an extent as may be necessary to protect County 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 its right to lien the property. Contractor shall include the language of this paragraph 5.9 in any subcontracts for the Project. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS In order to induce County 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, 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 County written notice of all conflicts, errors, or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by County 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 6 and shall not become employees, agents or servants of the County because of the performance of any Work by this Agreement. 6.6 Contractor represents and warrants that it holds any license, permit, or other special license, as required by law, to perform the Work required under the Contract Documents and shall keep and maintain such licenses, permits, and special licenses in good standing and in full force and effect at all times while Contractor is performing the Work under the Contract Documents. 6.7 Contractor shall maintain insurance as set forth in the General Conditions. Before permitting any of his subcontractors to perform any Work under this Agreement, Contractor shall require each of his subcontractors to procure and maintain such insurance as set forth in the General Conditions. 6.8 Contractor shall supply County with all lower tiered subcontract agreements and purchase orders. 6.9 Contractor shall be responsible for reserving the right for itself and for County the right to inspect its subcontracts to determine compliance with Contract Documents. 6.10 Contractor is responsible for compliance with the Contract Documents for all subcontractors and shall complete all forms required by County. 6.11 Contractor shall comply with all applicable federal, state, and local laws governing safety, health, and sanitation and shall provide all safeguards, safety devices, and protective equipment and shall take any other actions reasonably necessary to protect the life and health of the persons working at the Site and the safety of the public and to protect the property in the performance of the Work. 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 RFP Documents, attached as Exhibit A. 7.3 Contractor's Proposal attached as Exhibit B. 7.4 General Conditions attached as Exhibit C. 7.5 The Eagle County Open Space and Natural Resources Adam’s Way Connector Trail Construction Plan Set attached as Exhibit D. 7.6 Addenda to any of the Contract Documents. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 7 7.7 Performance and Payment Bonds. 7.8 Notice of Award, if any, and Notice to Proceed, if any. 7.9 Any modification, including Change Orders, duly delivered after execution of the Agreement or Contract Documents. 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 County 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, County shall have no liability or obligation hereunder unless and until the bonds have been so delivered. ARTICLE 9 - SUBCONTRACTS AND OTHER AGREEMENTS 9.1 Those portions of the Work that Contractor does not customarily perform with Contractor’s own personnel shall be performed under subcontracts and (or) by other appropriate agreements with Contractor (individually a “Subcontract” and collectively “Subcontracts”). 9.2 All Subcontracts shall conform to all provisions of this Agreement. County 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 County. Said agreement shall preserve and protect the rights of County 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. County shall have the right to review and approve each form of Subcontract. 9.3 Contractor shall be responsible to County for the acts and omissions of its agents, employees, suppliers, and subcontractors performing Work under a contract with Contractor and such subcontractors’ lower-tier subcontractors, agents, and employees. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 8 9.4 Nothing contained in the Contract Documents shall be deemed to create any contractual relationship between any subcontractor of any tier and County. 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 County and Contractor each binds itself, 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 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 afforded to County. 10.4 This Agreement and the Contract Documents 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 and (or) the Contract Documents shall be exclusively in the District Court for Eagle County, Colorado. 10.5 This Agreement supersedes all previous communications, negotiations and/or contracts between the respective parties hereto, either verbal or written, and the same not expressly contained herein are hereby withdrawn and annulled. This is an integrated Agreement and there are no representations about any of the subject matter hereof except as expressly set forth in the Contract Documents. 10.7 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. COUNTY Eagle County, Colorado Attn: Peter Suneson 500 Broadway Post Office Box 850 Eagle, CO 81631 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 9 Telephone: 970-328-8698 Email: peter.suneson@eaglecounty.us Deron Dircksen Project Manager SGM Inc. 118 West 6th St. #200 Glenwood Springs, CO 81601 Telephone: 303-903-0717 Email: derond@sgm-inc.com With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8685 Email: atty@eaglecounty.us CONTRACTOR Nottingham Excavating & Trucking, Inc. Attention: Travis Nottingham Telephone: 970-977-0597 Email: travis@nexcavating.com 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 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 County. County and County’s accountants shall be afforded access to, and shall be permitted to audit and copy Contractor’s records, books, correspondence, instructions, drawings, receipts, Subcontracts, purchase orders, vouchers, memoranda and other data relating to the Contract Documents and Contractor shall preserve these documents for a period of not less than three (3) years after final payment, or for such longer period as may be required by law. 10.9 Any indemnity, warranty, or guaranty given by Contractor to County 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. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 10 10.10 The signatories to this Agreement aver to their knowledge, no employee of County has any personal or beneficial interest whatsoever in the Work or property described in this Agreement. The Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the Work and Contractor should not employ any person having such known interests. 10.11 In the event a change order or amendment to the Contract Documents is agreed to by the parties, the same shall be in writing and executed by both parties. 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 ___ day of ____________________, 2024. COUNTY: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ______________________________ Matt Scherr, Chair Attest: By: _________________________________ Regina O’Brien, Clerk to the Board Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D July 16 STA TE OF COLORADO ) )ss:CONTY OF EAGLE ) CONTRACTOR: NOTTINGHAM EXCAVATING &TRUCKING, INC. By:�,,,-&---­ lts:�-£iif The foregoing instrument was ac.knowledged before me by T \701 C }J S°ttl f\J hM;'-as :::PY¼ MM:: of Nottingham Excavating & Trucking this�, ay of J v"\v\ , 2024. i My commission expires:--2:-[ '2---1 � [seal] LAUREN SMITH NOTARY PUBLIC • STATE OF COLORADO NOTARY ID 20244004866 MY COMMISSION EXPIRES FEB 2, 2028 Public Notary I I Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 12 EXHIBIT A RFP Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D NOTICE REQUEST FOR PROPOSALS FOR CONSTRUCTION OF ADAM’S WAY CONNECTOR TRAIL EAGLE COUNTY,COLORADO Eagle,Colorado April 25,2024 Eagle County is soliciting proposals from contractors to construct the Adam’s Way Connector Trail.This Request for Proposals (“RFP”)will be non-exclusive.Eagle County reserves the right to purchase supplies or services from other professionals. Proposals must be received via email to Peter Suneson at peter.suneson@eaglecounty.us and Deron Dircksen at derond@sgm-inc.com on or before 10:00 a.m.on June 6,2024.Any proposal received after this time will not be considered and will be returned to the respondent unopened unless good cause is shown as determined by Eagle County in its sole discretion. The proposal document may be obtained at the Eagle County Open Space and Natural Resources Department at 500 Broadway,Eagle,CO 81631 during the hours of 8:00 a.m.to 5:00 p.m.,Monday through Thursday.The complete document is also available at www.eaglecounty.us.Submittal and review of proposals will occur pursuant to the following schedule: Advertisement for Bid (two weeks):Thursday May 2,2024 Thursday May 9,2024 Mandatory Pre-Bid Meeting:Wednesday May 15,2024 @ 10:00 am Questions Due:Thursday May 23,2024 @ 5:00 pm Answers Due:Thursday May 30,2024 @ 5:00 pm Bids Due:Thursday June 6,2024 @ 10:00 am Notice of Award:Thursday June 13,2024 Agreement in County Commissioners Packet:Tuesday July 2,2024 Notice to Proceed:Monday July 8,2024 Primary contact information:Alternative Contact Information: Deron Dircksen Peter Suneson SGM,Inc.Eagle County 118 West 6th Street #200 P.O.Box 850 /500 Broadway Glenwood Springs,CO 81631 Eagle,CO 81631 derond@sgm-inc.com Peter.suneson@eaglecounty.us 303-903-0717 970-328-8637 This RFP will be published in the Vail Daily,Eagle Valley Enterprise,and Aspen Times. REQUEST FOR PROPOSALS INSTRUCTIONS TO PROPOSERS 1.Eagle County,Colorado will be receiving proposals via email to Peter Suneson at peter.suneson@eaglecounty.us and Deron Dircksen at derond@sgm-inc.com on or before on or before 10:00 a.m.on June 6,2024. 2.Any question,interpretation or clarification regarding this Request for Proposals (RFP)is required on or before May 23,2024 at 5:00 p.m.Responses,if any,will be issued by addenda posted to www.eaglecounty.us on or before May 30,2024 at 5:00 p.m. All questions regarding this proposal must be in writing to Deron Dircksen,Senior Engineer II.Questions may be emailed to derond@sgm-inc.com.Please call to verify receipt of your questions.No additional questions will be accepted after the date and time referenced above unless good cause is shown as determined by Eagle County in its sole discretion.Oral interpretations shall be of no force and effect. 3.One copy of your proposal is required.If brochures or other supportive documents are requested,then it is required that one set be submitted with your proposal. 4.Eagle County reserves the right,in its sole discretion,to reject any and all proposals submitted in response to this RFP or to waive or not waive informalities or irregularities in proposals received or RFP procedures.Eagle County also reserves the right to re-advertise this RFP or to otherwise provide the services as determined by Eagle County to be in its best interest,and to accept any portion of the proposal deemed to be in the best interests of Eagle County to do so,or further negotiate cost,terms,or conditions of any proposal determined by Eagle County to be in its best interests. 5.Eagle County may,at its sole discretion,modify or amend any and all provisions herein.If it becomes necessary to revise any part of the RFP,addenda will be provided through posting at www.eaglecounty.us.Eagle County reserves the right to extend the RFP submittal date or to postpone the award of an agreement. 6.All proposals will be reviewed by a selection committee and any other review as determined to be necessary.Respondents may be asked to supplement their initial proposals with additional written material.Eagle County may short-list respondents based upon an evaluation of the written submittals.Eagle County may arrange for in-person interviews with the short-listed respondents for a detailed presentation. 7.The selected proposal will be the one considered the most advantageous regarding price,quality of service,qualifications,and capabilities of respondent to provide the specified service,respondent’s familiarity with Eagle County and any other factors the County may consider as determined by Eagle County in its sole discretion. 8.Respondent is encouraged to clearly identify any proprietary or confidential data or information submitted with the proposal.Regardless of whether or not so marked, Eagle County will endeavor to keep that information confidential,separate,and apart 2 from the proposal.Notwithstanding the foregoing,respondent acknowledges that Eagle County may be required to release the information in accordance with the Colorado Open Records Act,order of the court,or other law. 9.Eagle County will not pay for any information requested herein,nor is it liable for any costs incurred by the respondent in connection with its response to this RFP. 10.No work shall commence nor shall any invoices be paid until the successful respondent has entered into a fully executed agreement with Eagle County and provides the requested proof and endorsement of insurance. 11.No telephone or oral proposals will be accepted. 12.Proposals must be clearly identified in the subject line of the email submittal by proposal title.Responsibility for timely submittal of proposals lies solely with the respondent.Proposals received after the closing time specified will not be considered unless good cause is shown as determined by Eagle County in its sole discretion. 13.Respondent(s)who submit a proposal are responsible for becoming fully informed regarding all circumstances,information,laws,and any other matters that might,in any way,affect the respondent’s role and responsibilities.Any failure to become fully knowledgeable shall be at the respondent’s sole risk.Eagle County assumes no responsibility for any interpretations made by respondents on the basis of information provided in this RFP or through any other source. 14.All respondents must include a fully executed Proposal Form with their proposal. 15.Eagle County reserves the right to award an agreement to the respondent that demonstrates the best ability to fulfill the requirements of the project based upon our evaluation of the selection criteria. 16.This RFP is not intended to completely define the contractual relationship to be entered into with the successful respondent(s). 17.Upon identification by Eagle County of the successful respondent,Eagle County will give the successful respondent the first right to negotiate an agreement acceptable to Eagle County.In the event that an agreement satisfactory to Eagle County cannot be reached,Eagle County may enter into negotiations with one or more of the remaining respondents.Eagle County may choose to discard all proposals and re-issue another RFP. 18.The successful respondent will perform all of the work or services indicated in the proposal in compliance with the negotiated agreement. 19.The successful respondent(s)shall comply with the following insurance language which shall be included in the agreement to be awarded unless otherwise agreed to in writing by Eagle County: 3 “Consultant agrees to provide and maintain,at Consultant’s sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a)Types of Insurance. i)Workers’Compensation insurance as required by law. ii)Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii)Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv)Professional Liability Insurance with prior acts coverage for all Services required hereunder,in a form and with an insurer or insurers satisfactory to County,with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate.In the event the professional liability insurance is on a claims-made basis,Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement.Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project.” The successful respondent(s)shall comply with the following other insurance requirements which shall be included in the agreement to be awarded: b)“Other Requirements. 4 i)The automobile and commercial general liability coverage shall be endorsed to include Eagle County,its associated or affiliated entities,its successors or assigns,elected officials,employees,agents and volunteers as additional insureds. ii)Consultant’s certificates of insurance shall include all sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant.All coverage(s)for sub-consultants shall be subject to the same minimum requirements identified above. Consultant and sub-consultants,if any,shall maintain the foregoing coverage in effect until the Services are completed.In addition,all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired. iii)Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M.Best”rating of not less than A-VII. iv)Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources.Consultant’s policy shall contain a waiver of subrogation against Eagle County. v)All policies must contain an endorsement affording an unqualified thirty (30)days notice of cancellation to County in the event of cancellation of coverage. vi)All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii)Consultant’s certificate of insurance evidencing all required coverage(s)is attached hereto.Upon request,Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County,and hereby authorizes Consultant’s broker,without further notice or authorization by Consultant,to immediately comply with any written request of County for a complete copy of the policy. viii)Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit.Consultant,at its own expense,will reinstate the aggregate limits to comply with the minimum limits and shall furnish to County a new certificate of insurance showing such coverage. ix)If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County,County shall be entitled to immediately terminate this Agreement. x)The insurance provisions of this Agreement shall survive expiration or termination hereof. xi)The parties hereto understand and agree that County is relying on,and 5 does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights,immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to County,its affiliated entities,successors or assigns,its elected officials,employees,agents and volunteers. xii)Consultant is not entitled to workers’compensation benefits except as provided by Consultant,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity.The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement.” 21.Further,the successful respondent(s)shall comply with the following indemnification language which shall be included in the agreement to be awarded: “Indemnification.The Consultant shall indemnify and hold harmless County,and any of its officers,agents and employees against any losses,claims,damages or liabilities for which County may become subject to,insofar as any such losses,claims,damages or liabilities arise out of,directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs,legal and other expenses incurred by County in connection with investigating or defending any such loss,claim,damage,liability or action.This indemnification shall not apply to claims by third parties against the County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant.This paragraph shall survive expiration or termination hereof.” 22.A Bid Bond in the amount of 10%of bid price is required,and Performance and Payment Bonds in the amount of 100%of bid,will be required.Bid security shall be made payable to the County in the amount of 10%of the respondent’s maximum bid price in the form of a certified check or a bid bond,issued by a surety meeting the requirements of the Supplementary General Conditions.The bid security of the respondent will be retained until such respondent has executed the agreement and furnished the required contract security whereupon it will be returned;if the successful respondent fails to execute and deliver the agreement and furnish the required contract security within ten (10)days of the Notice of Award,the County may annul the Notice of Award and the bid security of that bidder will be forfeited.The County will return bid bonds or checks of unsuccessful bidder within or by 60 days after the bid submittal date. 6 REQUEST FOR PROPOSAL PROPOSAL FORM THIS PROPOSAL FORM MUST BE SUBMITTED WITH YOUR PROPOSAL TO:Eagle County,Colorado 500 Broadway Post Office Box 850 Eagle,CO 81631 Re:CONSTRUCTION OF ADAM’S WAY CONNECTOR TRAIL The undersigned,having examined the Instructions to Proposers and any and all documents related to the above referenced RFP: (a)Agrees to comply with all conditions,requirements,and instructions of the RFP as stated or implied therein; (b)Acknowledges the right of Eagle County,Colorado in its sole discretion to reject any or all proposals submitted,and that an award may be made to a proposer even though not the lowest cost; (c)Acknowledges and agrees that the discretion of Eagle County,Colorado in selection of the successful respondents shall be final,not subject to review or attack;and (d)Acknowledges that this proposal is made with full knowledge of the foregoing and full agreement thereto. (e)The respondent submits that it has carefully examined the site of the proposed work and the existing conditions,as well as the drawings and specifications.Also,the respondent has thoroughly reviewed the proposal form,Instructions to Bidders,General Conditions,Supplementary Conditions,and the Specifications and Drawings,and acknowledges that the following addenda covering revisions to the drawings and/or specifications,and the cost,if any,of such revisions has been included in the price quoted. Addendum No(s).________________Dated ________________ By submission of this proposal,and signature below,the respondent acknowledges that the respondent has the authority to sign this Proposal Form and bind the company named below.The respondent further acknowledges that Eagle County,Colorado has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the proposal and related documents,and authorizes release to Eagle County of any and all information sought in such inquiry or investigation. Company Name:_______________________________________ Title of Respondent:_______________________________________ Signature of Respondent:_______________________________________ 7 REQUEST FOR PROPOSAL PROJECT DESCRIPTION Eagle County is soliciting proposals from contractors to perform the construction of Adam’s Way Connector Trail located south of Eagle,Colorado starting at the Brush Creek Valley Ranch and Open Space Trailhead. The project includes approximately 700-linear feet of a 12-foot-wide gravel trail and transitioning to a 4-foot-wide trail for an additional 200-linear feet.Also,construct a 12-foot-wide trail from Brush Creek Road to the existing parking lot.The project also includes replacing two existing 18-inch culverts and adding two new culverts (18-inch and 12-inch),signage,pavement markings,gates,cattle guard,fencing,etc. The construction plans for this project have been included as Exhibit A to this RFP (included as a separate document) Engineer of Record:Deron Dircksen,SGM Eagle County Contact:Peter Suneson,Eagle County Open Space and Natural Resources SCOPE OF SERVICES Major work items to include but are not limited to: Excavation Grading Traffic Control Erosion Control Removal of existing fence Removal of existing storm culverts Trail work including subgrade preparation,Class 2,Class 6 Construction surveying Storm culvert installation Signage Pavement Markings Clean-up and demobilization Construction Timeframes: Substantial Completion is defined as trail surface completed,fencing,etc.Duration 45-calendar days from Notice to Proceed. Final Completion is defined as seeding and demobilization:Duration 60-calendar days from Notice to Proceed. Construction testing will be the responsibility of Eagle County.Eagle County will contract with a geotechnical engineer and work with the contractor for testing during construction. 8 All material,equipment,installation,or construction shall be in accordance with the latest edition of the Colorado Department of Transportation’s Standard Specifications for Road and Bridge Construction (2023)latest updates. Exhibits include: Exhibit A –Project Design Plan Set Exhibit B –Project Special Provisions Exhibit C –Estimate Bid Sheet Exhibit D –Contractor Project Schedule Exhibit E –Deed of Conservation Easement PROPOSAL SUBMITTAL REQUIREMENTS 1.Proposal Form.Must be signed and submitted with response. 2.Qualifications.Briefly explain your company’s qualifications to provide the services requested,e.g.,years in business,staffing,vehicles to be utilized,and experience. 3.Experience.The contractor shall demonstrate their past experience working on similar projects of the same size,scope,and complexity. 4.Schedule.Provide a construction schedule which details the start date and duration in days for the “Major Work Item”listed in the Scope of Services.The construction schedule should anticipate a start date of July 8,2024 and project completion prior to September 30,2024. 5.Budget/Pricing.Provide itemized cost estimates based on the estimated quantities listed in the plan set.Hourly rates of all team members and a “not to exceed” amount as applicable should be provided for all of the services included in the scope of work. 6.Familiarity with Eagle County.Provide a narrative describing familiarity with Eagle County. 7.References.Please provide three (3)references from current customers receiving the same or similar service(s).Include name of entity,contact name,and telephone number. 8.Legal Issues.Are there any lawsuits,federal,state or local tax liens,or any potential claims or liabilities against you,your company or the officers of the company at this time or within the last three years?If so,please explain. 9.Deliverables.Deliverables will include: ●Product submittals 9 ●Final calculated quantities ●Approval of As-Built drawings 10.Evaluation Criteria.Evaluation criteria will include the lowest,qualified bid, experience with projects of similar scope,ability to meet the project schedule,and familiarity with Eagle County. 10 EXHIBIT A PROJECT DESIGN PLAN SET 11 EXHIBIT B PROJECT SPECIAL PROVISIONS 12 EXHIBIT C ESTIMATE BID SHEET 13 EXHIBIT D CONTRACTOR PROJECT SCHEDULE 14 EXHIBIT E DEED OF CONSERVATION EASEMENT 15 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-298.002FJB04.15.24DJDAW-AdminDJC1Scope of Work Develop a 12' wide gravel trail from Road 307 approximately 700 feet to thesoutheast transitioning into a 4' wide trail for an additional 200 feet. Also, develop a12' wide gravel trail from Brush Creek Road to existing parking lot. Replace twoexisting 18" culverts and add two new culverts, 18" and 12".Project SiteProject List of Contacts1 Cover Sheet2Legend and Abbreviations3General Notes4Summary of Quantities5Existing Conditions and Demolition Plan6Geometry Plan7Site & Signage Plan8Trail Plan and Profile Sta 10+00 to 15+009Trail Plan and Profile Sta 15+00 to 19+5010Trail Connector Plan and Profile11Fencing Plan12Erosion Control Plan13Site Details14Fencing and Gate DetailsSheet IndexVicinity MapProject EngineerDeron Dircksen, P.E. 39741 14BID SET Adam's Way Connector TrailEagle County Open Space and Natural ResourcesEagle County Open Spaceand Natural Resources118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com P.O.Box 179500 BroadwayEagle, CO 81631(970) 328-8701Bid SetApril 2024Title:Adam's Way Connector TrailCover SheetEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com SGM - PROJECT ENGINEERDeron J. Dircksen, P.E. derond@sgm-inc.com (970) 384-9012CENTURYLINKJason Sharpe jason.sharpe@lumen.com(970) 328-8290 (work)Design Engineer(970) 309-2973 (mobile)(Field Operations)Peter Suneson,Open Space ManagerNot to Scale TTCFOTRUEUWTEFOIRCWEFOGSTUECFOTRTUGVICVSVGVOSWETETGMWGMEMWMGWSPPGMEMWMTCFOTRUEECFOTRTUGWSGMWSVICVOSWHYDICBCOSPRICBSPRPPCOHYDRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-298.002FJB04.15.24DJDAW-AdminDJC2 14BID SETTitle:Adam's Way Connector TrailLegend andAbbreviationsEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com ” Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-298.002FJB04.15.24DJDAW-AdminDJC3 14BID SETTitle:Adam's Way Connector TrailGeneral NotesEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = ##'######2019-298.002XX04.15.24XXAW-QuantitiesXX4 14BID SETTitle:Adam's Way Connector TrailSummary of QuantitiesEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0ITEM NUMBERCDOT Ref.No.CONTRACT ITEMUNITPLAN QUANITITYAS CONSTRUCTED1201-00000CLEARING AND GRUBBINGLS12202-00008TREE TRIMMINGHOUR163202-00010REMOVAL OF TREEEACH14202-00035REMOVAL OF PIPELF285202-01000REMOVE FENCELF7936202-01035REMOVAL OF GATEEACH37203-00100MUCK EXCAVATIONCY508207-00210STOCKPILE TOPSOILCY9019207-00700TOPSOIL (ONSITE)CY1910208-00012EROSION LOG TYPE 1 (9 INCH)LF21011208-00020SILT FENCELF67012208-00070VEHICLE TRACKING PADEACH113208-00207EROSION CONTROL MANAGEMENTDAY3014212-00006SEEDING (NATIVE)ACRE0.315213-00000MULCHINGACRE0.316304-02000AGGREGATE BASE COURSE (CLASS 2)TON79817304-06000AGGREGATE BASE COURSE (CLASS 6)TON37118304-06009AGGREGATE BASE COURSE (CLASS 6) (SPECIAL)TON1219506-00000RIPRAPCY1620603-1012012 INCH CORRUGATED STEEL PIPELF3221603-1018018 INCH CORRUGATED STEEL PIPELF7022603-3001212 INCH STEEL END SECTIONEACH223603-3001818 INCH STEEL END SECTIONEACH624607-01110FENCE BARBED WIRE WITH TREATED WOODEN POSTS (SPECIAL)LF110025607-601054 FOOT GATEEACH126607-6011212 FOOT GATEEACH227607-6012020 FOOT GATEEACH528611-00007CATTLE GUARD 7-FOOT W/ UP AND OVEREACH129614-00011SIGN PANEL (CLASS I)SF3830625-00000CONSTUCTION SURVEYINGLS131626-00000MOBILIZATIONLS132627-00070PREFORMED THERMOPLASTIC PAVEMENT MARKINGSSF8033630-00012TRAFFIC CONTROL MANAGEMENTLS134700-70010F/A MINOR CONTRACT REVISIONSF A1SUBTOTAL: 6"6"4"WM-"10"12"12"10"96"12"12"12"12"10"10"10"15"15"15"Brush Creek RoadRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-ExCondDemoDJC5 14BID SETTitle:Adam's Way Connector TrailExisting Conditions andDemolition PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-GeometryPlanDJC6 14BID SETTitle:Adam's Way Connector TrailGeometry PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 6"6"4"WM-"10"12"12"10"96"20"15"12"12"12"12"10"10"10"15"15"15"8"6"Brush Creek RoadRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-SitePlanDJC7 14BID SETTitle:Adam's Way Connector TrailSite & Signage PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 6"6"4"-"10"12"96"Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 20'1020402019-298.002FJB04.15.24DJDAW-TrailPPDJC8 14BID SETTitle:Adam's Way Connector TrailTrail Plan and ProfileSta 10+00 to 15+00Eagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 20'1020402019-298.002FJB04.15.24DJDAW-TrailPPDJC9 14BID SETTitle:Adam's Way Connector TrailTrail Plan and ProfileSta 15+00 to 19+50Eagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 20'1020402019-298.002FJB04.15.24DJDAW-TrailPPDJC10 14BID SETTitle:Adam's Way Connector TrailTrail ConnectorPlan and ProfileEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 6"6"4"-"10"12"12"10"96"Brush Creek RoadRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-FencePlanDJC11 14BID SETTitle:Adam's Way Connector TrailFencing PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 6"6"4"-"10"12"12"10"96"Brush Creek RoadRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-ErosionControlDJC12 14BID SETTitle:Adam's Way Connector TrailErosion Control PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 4'2482019-298.002FJB04.15.24DJDAW-DetailsDJC13 14BID SETTitle:Adam's Way Connector TrailSite DetailsEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0FLOWFLOWSFSCL Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 4'2482019-298.002FJB04.15.24DJDAW-DetailsDJC14 14BID SETTitle:Adam's Way Connector TrailFencing and GateDetailsEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 1 EAGLE COUNTY OPEN SPACE PROJECT SPECIAL PROVISIONS ADAMS WAY CONNECTOR TRAIL The Colorado Department of Transportation (CDOT) 2023 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. When specifications or special provisions contain both English units and SI units, the English units apply and are the specification requirement. PROJECT SPECIAL PROVISIONS Date Page Index Page (April 17, 2024) 1 Revision of Section 104 – Maintaining Traffic (April 17, 2024) 2 Revision of Section 202 – Removal of Structures & Obstructions (April 17, 2024) 4 Revision of Section 207 - Topsoil (April 17, 2024) 5 Revision of Section 208 – Erosion Control (April 17, 2024) 8 Revision of Section 506 – Rip Rap (April 17, 2024) 9 Revision of Section 603 – Culverts (April 17, 2024) 10 Revision of Section 614 – Ground Signs (April 17, 2024) 11 Revision of Section 703 - Aggregates (April 17, 2024) 12 Fire Protection Plan (April 17, 2024) 13 Special Construction Requirements (April 17, 2024) 14 Traffic Control Plan – General (April 17, 2024) 15 Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 2 REVISION OF SECTION 104 MAINTAINING TRAFFIC Section 104 of the Standard Specifications is hereby revised for this project as follows: Subsection 104.04 shall include the following: (e) Periods of No Interference. During the periods listed below, the Contractor shall not interfere with through traffic on the traveled roadway. 1. For the full 24-hour day on each of the celebrated holidays of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2. Between noon and midnight on the day before New Year’s Day, Thanksgiving Day, Christmas Day and Fridays when the celebrated holidays are part of an extended weekend. Unauthorized delays or traffic interruptions will be considered a violation of this provision and shall be subject to price reductions as described in Section 105.03 (b) Violation of Working Time Limitation. (f) Traffic Control Requirements for Construction Activities. The following restrictions shall apply. In all cases, the Contractor shall schedule and coordinate this work such that there is a minimum delay to the traveling public and all requirements and restrictions are met. 1. Through Travel Lane Widths: The Contractor shall always provide and maintain a minimum of one (1) 11-foot minimum travel lanes of traffic in each direction of Brush Creek Road through the project limits. 2. Night Work: With County approval only after Contractor request is approved by the County. 3. Weekend Work: With County approval only after Contractor request is approved by the County. 4. Work Zone: Any work zone construction, as defined in the Contractor’s Traffic Control Plans, shall be completed in full prior to beginning work on adjacent sections of the roadway. 5. Parking: All vehicle or equipment parking shall be prohibited where it conflicts with safety, access or flow of traffic. The Contractor shall arrange for a parking area for employees within the approved construction staging area. (g) Maintenance Work. The Contractor shall bear all expense of the routine maintenance work required for maintaining the traveled roadway through the project until final acceptance of the project is made pursuant to subsection 105.21. Routine maintenance may include, but not limited to, pothole repair, shouldering, pavement markings and sweeping debris from roadway. The Contractor shall be responsible for the maintenance of all temporary bus and pedestrian surfaces. The Contractor’s maintenance responsibilities shall include snow removal when accumulation is greater than 1” on temporary pedestrian surfaces. (h) Costs and Time. All costs incidental to the foregoing requirements, will not be paid for separately, but shall be included in the work. Delays or impacts to the Contractor due to the requirements of this provision shall not be a basis for an extension of time or additional compensation, or both. Any denial or revocation of a prior approval for Methods of Handling Traffic requests shall not be the basis for any claim for additional time or compensation. 1. Unauthorized delays or traffic interruptions will be considered a violation of this provision and shall be subject to price reductions as described in Revision of Section 105 – Violation of Working Time Limitation. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 3 2. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. Subsection 104.05 shall include the following: (a) Contractors’ Use of Premises. The Contractor may use Owner’s property designated within the construction limits shown on the Plans for equipment and materials as long as he confines his operations to those permitted by local laws, ordinances and permits and meets the following requirements: 1. Do not unreasonably encumber site with materials or equipment; 2. Assume full responsibility for protection and safekeeping of products stored on premises; 3. Move any stored products which interfere with operations of the Owner; 4. Obtain and pay for use of additional storage or work areas needed for operations; 5. Assume full responsibility for protection and safety of public and traveling public 6. Restore premises to pre-construction conditions as approved by the Owner (b) Limits of Construction. The Contractor must maintain all of its construction activities within the County rights of way, property, and the easements. Any agreements with outside parties that have project related activities outside of ROW/Easements will be provided to County for record prior to use. (c) Security. The Contractor shall be always responsible for the security of his facilities and equipment. The Owner will not take responsibility for missing or damaged equipment, tools, or personal belongings of the Contractor. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 4 REVISION OF SECTION 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection of 202.12 shall include the following: Removal of all existing items not specifically listed in Bid Schedule shall be considered part of the pay item for Clearing and Grubbing, and no additional payment shall be made. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 5 REVISION OF SECTION 207 Topsoil Delete Section 207 of the Standard Specifications for this project and replace it with the following: Description 207.01 This work consists of salvaging topsoil from onsite locations, stockpiling, maintaining, and preparing the subsoils for the placement of the topsoil at locations shown on the plans. Substitutions from this specification will not be allowed unless submitted in writing to the Engineer and approved by the Owner. Materials 207.02 General. Topsoil shall be salvaged onsite, imported, or produced as shown on the plans. Topsoil shall be free of refuse and litter along with noxious weed seed and reproductive plant parts, as listed in current State of Colorado A and B Noxious Weed List and local agency weed lists. Topsoil shall not include heavy clay, hard clods, toxic substances, pathogens, or other material, which would be detrimental to growing native vegetation. All required amendments shall be thoroughly incorporated to parent material, onsite. All amendments shall conform to Section 212. Topsoil and parent material shall be free of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all material used within the designed clear zone for the project. Topsoil outside of the clear zone may contain rock larger than 4 inches in any dimension. For slopes with no structures being used to protect areas from falling rocks the Contractor shall remove or secure any rocks deemed unstable and could pose a safety hazard. Topsoil shall be generated from one or more of the following as shown on the plans: (a) Topsoil (Onsite). Topsoil shall consist of the upper 6-inch layer of the A horizon, as defined by the Soil Science Society of America, or at the depths and locations shown on the Stormwater Management Plan (SWMP). It shall consist of loose friable soil, salvaged from onsite and stockpiled or windrowed. Litter and duff (layer of partially decomposed plant material) shall be collected as part of the salvaging of topsoil unless specified to be removed and hauled offsite on the plans. (b) Topsoil (Wetland). Wetland topsoil shall consist of moist, organic soil obtained from delineated wetlands, including any existing wetland vegetation and seeds. Wetland topsoil shall be extracted from the project site at locations shown on the plans or as directed, to a minimum depth of 12 inches or at the depths as shown on the plans. CONSTRUCTION REQUIREMENTS 207.03 Site Pre-vegetation Conference. Prior to the start of the initial Subgrade Soil Preparation for the project, the Contractor shall request a Site Pre-vegetation Conference. The Engineer will set up the conference and will include: the Engineer or designated representative, the Superintendent or designated representative, the sub-contractor(s) performing the subgrade soil preparation and soil amendments, and the County representative. Only one meeting is required for the project unless a new sub-contractor is brought on that did not attend the previous meeting. The Agenda of the Pre-vegetation Conference can be found in Appendix A of the Construction Manual and includes the following: Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 6 (1) Review of the Method Statement detailing the equipment which will be used for the subgrade soil preparation operations. (2) Permanent Stabilization Phasing Plan (identify strategies and site management measures to protect de-compacted, topsoil amended, seeded, and blanketed areas from foot, vehicle loads, and other disturbances). (3) Seeding. See subsection 212.03 for submittal requirements. (4) Meeting attendee sign-in log 207.04 Topsoil Stockpiling. Stockpiles of topsoil shall be created as shown on the plans or as approved by the Engineer. All Stockpiles of topsoil which are scheduled to remain in place for 14 days or more shall receive interim stabilization in accordance with subsection 208.04. All topsoil stockpiles shall be identified using white pin flags with “TOPSOIL” printed in black letters and shall have their locations shown on the SWMP Plans. Each individual stockpile shall require at least one flag, and one additional flag for each 10 cubic yards of salvaged topsoil. The contractor shall provide only perimeter flags for stockpile larger than 100 cubic yards with a minimum spacing of 25 feet. Topsoil may be placed in stockpiles or windrowed at the edge of the disturbance. Windrowed topsoil shall not be used as perimeter erosion control or extensively compacted. When topsoil is windrowed, all stockpile requirements still apply. (1) Upland Topsoil. If included on the plans, stockpiles shall be treated with herbicide, in accordance with Section 217, or as directed. (2) Wetland Topsoil. Wetland stockpiles shall not be treated with herbicide. Weeds shall be hand pulled. Wetland topsoil shall be placed within 24 hours from excavation, unless otherwise approved by the Engineer. Wetland topsoil shall not be stockpiled for more than six months. 207.05 Subgrade Soil Preparation. Before placement of topsoil, the subgrade shall be ripped to a minimum depth of 14 inches. Subgrade shall be mostly dry and friable. Subgrade shall crumble without sticking together, yet not be so dry and hard that it does not break apart easily. Underground utilities shall be located prior to soil preparation. 207.06 Placement of Topsoil and Seeding Media. Topsoil shall be hauled and placed at the locations disturbed and will be re-vegetated or as shown on the plans. The contractor shall place a minimum thickness of 6 inches and should only be handled when it is dry enough to work without damaging soil structure. Topsoil shall be placed a minimum depth of twelve (12) inches when placed over riprap as required on the plans. No Topsoil shall be placed below ordinary high water mark except as otherwise specified in bio-stabilization bank treatments. Salvaged topsoil placement deeper than 6 inches is allowed if additional approved material is on-site. Contractor shall place topsoil in a method that does not re-compact subgrade material using low ground-contact pressure equipment, or by excavators and/or backhoes operating adjacent to it. The final grade shall be free of all materials greater than 4 inches in diameter within the designed clear zone for the project. Equipment not required for revegetation work will not be permitted in the areas of placed topsoil. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 7 Soil amendments, seedbed preparation, and permanent stabilization mulching shall be accomplished within four working days of placing the topsoil on the de-compacted civil subgrades. If placed topsoil is not mulched with permanent stabilization mulch within four working days, the Contractor shall complete interim stabilization methods in accordance with subsection 208.04(e), at no additional cost to the Department. Time to perform the work may be extended for delays due to weather. Method of Measurement 207.07 Topsoil material will be measured by the actual number of cubic yards of topsoil stripped and placed and accepted. Basis of Payment 207.08 The accepted quantities measured will be paid for at the Contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Stockpile Topsoil Cubic Yard Topsoil (Onsite) Cubic Yard The Site Pre-vegetation Conference will not be paid for separately but shall be included in the work. Removing of clods, sticks, stones, debris, concrete, and asphalt in excess of 4 inches in any dimension for all topsoil and Seeding Media used within the designed clear zone for the project will not be measured and paid for separately but shall be included in the work. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 8 REVISION OF SECTION 208 EROSION CONTROL Section 208 of the Standard Specifications is hereby revised for this project as follows: In subsection 208.01, add: Contractor shall obtain a Storm Water Discharge Permit from the Colorado Department of Public Health and Environment (CDPHE) and shall meet all permit requirements until permanent erosion control measures are in place. Engineer has developed a Storm Water Management Plan (SWMP) which is included in the plans. Contractor shall construct, install, maintain, and remove, when required, erosion control measures during the life of the Contract to prevent or minimize erosion, sedimentation, and pollution of any state waters as defined in subsection 107.25, including wetlands. For the duration of the project and the Storm Water Discharge Permit, Contractor will be responsible for the implementation and evolution of the SWMP. Modifications to the SWMP due to Contractors methods and means shall be prepared by Contractor and submitted to Engineer for review. These modifications will not be measured or paid for separately and should be included in Contractors bid. In subsection 208.03(c), add: Contractor shall assign to the project an employee to serve in the capacity of the Erosion Control Supervisor (ECS). Delete subsection 208.11 and replace with the following: Obtaining a CDPHE Storm Water Discharge permit; performing work to furnish, install, maintain, remove, and dispose of items using Best Management Practices as part of the implementation of the Storm Water Management Plan; preparing and implementing modifications due to Contractors methods and means; any excavation required for removal of accumulated sediment from traps, basins, areas adjacent to erosion logs, and any other clean out excavation of accumulated sediment, and the disposal of such sediment; and all required inspection, documentation, and management shall be included in the work for the designated BMP. No separate measurements will be made for Erosion Control other than the items specified for payment in the Bid Schedule for project erosion control and shall include all necessary work. Contractor shall provide a schedule of placement, construction, maintenance, and removal of items in the SWMP. The Contractor shall be responsible for identifying and implementing all measures to prevent or minimize erosion and sedimentation both during and after construction and all work necessary to implement the Storm Water Management Plan (SWMP). Subsection 208.12 shall include the following: Temporary erosion and pollution control measures required due to the Contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled, shall be performed at the Contractor's expense. In the case of repeated failures on the part of the Contractor in controlling erosion, sedimentation, and/or water pollution, the Owner reserves the right to employ outside assistance to provide the necessary corrective measures. Such incurred direct costs, plus project engineering costs, will be charged to the Contractor and appropriate deduction will be made from monies due the Contractor. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 9 REVISION OF SECTION 506 RIPRAP Section 506 of the Standard Specifications is hereby revised for this project as follows: In subsection 506.05 delete the last paragraph and replace with the following: Excavation for riprap will not be measured separately but shall be included in the work. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 10 REVISION OF SECTION 603 CULVERTS Section 603 of the Standard Specifications is hereby revised for this project as follows: In subsection 603.13, delete the third paragraph and replace with the following: Structure excavation, structure backfill and bedding for culverts and irrigation piping will not be measured and paid for separately but shall be included in the work. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 11 REVISION OF SECTION 614 GROUND SIGNS Section 614 of the Standard Specifications is hereby revised for this project as follows: In subsection 614.13, delete the fourth paragraph and replace with the following: Ground Signs will be paid for each installation and shall include concrete footings, sign supports, sign posts, sign panels and all mounting and backing materials. Subsection 614.14. add as follows: Pay Item Pay Unit SIGN PANEL (CLASS I) SF Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 12 REVISION OF SECTION 703 AGGREGATES Section 703 of the Standard Specifications is hereby revised for this project as follows: In subsection 703.03 shall include the following: Aggregate for the soft surface trail shall be crushed stone or crushed gravel which conforms to the quality requirements specified in this subsection for Aggregates for Bases. Aggregate for the soft surface trail shall have a liquid limit not greater than 30 and the plasticity index shall not exceed 6 when the aggregate is tested in accordance with AASHTO T89 and T90 respectively. Aggregate for the soft trail (Crusher Fines) shall meet the following grading requirements: Sieve Size Mass Percent Passing Square Mesh Sieves 9.5 mm (3/8”) 100 4.75 mm (#4) 30-65 2.36 mm (#8) 25-55 75 um (#200) 3-12 Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 13 FIRE PROTECTION PLAN The Contractor is hereby required to provide a Fire Protection Plan for the project. The Fire Protection Plan will be submitted to, and approved by, the Engineer prior to commencement of trail earthmoving and HMA operations. The Fire Protection Plan shall address the following items: 1. Fire safety practices and/or policies of the Contractor and any relevant Sub-Contractor(s). 2. Availability and location of Fire Suppression Equipment during HMA operations. 3. Contact information for local Fire Departments. The Contractor and their Sub-Contractor(s) will be required to have a copy of the Fire Protection Plan at any work location on the project. The Contractor is required to provide a copy of the Fire Protection Plan to the local fire districts, BLM, and the US Forest Service. All costs incidental to the foregoing requirements shall not be paid for separately but shall be included in the original contract prices for the project. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 14 SPECIAL CONSTRUCTION REQUIREMENTS The following are special construction requirements for this project: 1. The Contractor shall maintain drainage during construction. The proposed method shall be submitted to the Engineer for approval prior to the start of work. The cost of all temporary measures to provide adequate drainage during construction will not be measured and paid for separately but shall be included in the work. 2. All costs for the foregoing requirements will be included in the original contract prices for the project. 3. During the Work, the Contractor shall work diligently from the time an existing area is first disturbed to a stable condition or completion before moving on to the next area or phase of work. Contractor shall phase all work to minimize impacts to properties on which the work is occurring, or neighboring properties. Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 15 TRAFFIC CONTROL PLAN – GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10(a). The components of the TCP for this project are included in the following: (1) Subsection 104.04 and Section 630 of the specifications. (2) Standard Plan S-630-1, Traffic Controls for Highway Construction, Case 11 and Standard Plan S-630-2. (3) The Contractor shall use the means and methods necessary to work, deliver, and remove materials at the site safely within Eagle County ROW. The Contractor shall determine project duration and the need and type of traffic control necessary for project specific operations. (4) A certified Traffic Control Plan shall be submitted with the bid or a detailed narrative discussion and/or conceptual traffic control plan that identifies construction phasing and application of Method for Handling Traffic (MHT’s) that are included in the Traffic Control Lump Sum Bid Item. 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. Special Traffic Control Plan requirements for this project are as follows: The Contractor shall submit a detailed Traffic Control Plan including a MHT for each different phase of construction to the Engineer for approval by the County at least two weeks prior to the start of any construction phase or prior to any changes in traffic control. The MHT’s shall include as a minimum the requirements listed under 630.10 of the Standard Specifications and in accordance with S-630-1. The MHT’s shall also include the following: • Trucks entering / exiting Work Zones • Shoulder Closure - Case #11 shall be in place for all work that occurs off the roadway. • Lane Closure - Case #10 shall be applied to a one-lane roadway and flaggers shall be added per Case #17 for when work (striping) or equipment movement is occurring in the roadway. Special Restrictions that must be met: • Maintain one lane of traffic (minimum 11 ft width) each way at intersecting streets and driveways. • All drop-offs adjacent to travel lanes in excess of a 3:1 slope shall be protected with temporary concrete barrier. • All concrete barriers shall have a minimum 4-foot safety separation width from the travel lane. • The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved by the Engineer. During the construction of this project, traffic shall use the present traveled roadway unless identified on the plans or approved by the Engineer. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved by the Engineer. The Contractor shall not store material or equipment within the clear zone. All costs incidental to the foregoing requirements shall be included in the original contract prices for the project. All Traffic Control cost and costs incidental to the foregoing requirements shall be included in the original contract prices for the project. Traffic Control will be paid as lump sum in accordance with the Eagle County Open Space Bid Documents Adams Way Connector Tail April 19, 2024 16 percentage of overall work complete. Contract Item No.Contract Item Unit Plan Quantity Unit Price Total Cost 201-00000 CLEARING AND GRUBBING LS (1) ($-  ) 202-00035 REMOVAL OF PIPE LF (28) ($-  ) 202-01000 REMOVE FENCE LF (793) ($-  ) 202-01035 REMOVAL OF GATE EACH (3) ($-  ) 203-00100 MUCK EXCAVATION CY (50) ($-  ) 207-00210 STOCKPILE TOPSOIL CY (901) ($-  ) 207-00700 TOPSOIL (ONSITE) CY (19) ($-  ) 208-00012 Erosion Log Type 1 (9 Inch)LF (210) ($-  ) 208-00020 SILT FENCE LF (670) ($-  ) 208-00070 VEHICLE TRACKING PAD EACH (1) ($-  ) 208-00207 EROSION CONTROL MANAGEMENT DAY (30) ($-  ) 212-00006 SEEDING (NATIVE)ACRE (0.3) ($-  ) 213-00000 MULCHING ACRE (0.3) ($-  ) 304-02000 AGGREGATE BASE COURSE (CLASS 2)TON (798) ($-  ) 304-06000 AGGREGATE BASE COURSE (CLASS 6)TON (371) ($-  ) 304-06009 AGGREGATE BASE COURSE (CLASS 6) (SPECIAL)TON (12) ($-  ) 506-00000 RIPRAP CY (16) ($-  ) 603-10120 12 INCH CORRUGATED STEEL PIPE LF (32) ($-  ) 603-10180 18 INCH CORRUGATED STEEL PIPE LF (70) ($-  ) 603-30012 12 INCH STEEL END SECTION EACH (2) ($-  ) 603-30018 18 INCH STEEL END SECTION EACH (6) ($-  ) 607-01110 FENCE BARBED WIRE WITH TREATED WOODEN POSTS (SPECIAL)LF (1,100) ($-  ) 607-60105 4 FOOT GATE EACH (1) ($-  ) 607-60112 12 FOOT GATE EACH (2) ($-  ) 607-60120 20 FOOT GATE EACH (5) ($-  ) 611-00007 CATTLE GUARD 7-FOOT W/ UP AND OVER EACH (1) ($-  ) 614-00011 SIGN PANEL (CLASS I)SF (38) ($-  ) 625-00000 CONSTUCTION SURVEYING LS (1) ($-  ) 626-00000 MOBILIZATION LS (1) ($-  ) 627-00070 PREFORMED THERMOPLASTIC PAVEMENT MARKINGS SF (80) ($-  ) 630-00012 TRAFFIC CONTROL MANAGEMENT LS (1) ($-  ) 700-70010 F/A MINOR CONTRACT REVISIONS F A (1) ($25,000.00) ($25,000.00) TOTAL COST ($25,000.00) ADAMS WAY PROJECT SCHEDULE ITEM OF WORK JULY M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading Storm Drain Culverts Fencing / Gates Signage Striping Seeding ITEM OF WORK AUGUST TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading Storm Drain Culverts Fencing / Gates Signage Striping Seeding ITEM OF WORK SEPTEMBER SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading Storm Drain Culverts Fencing / Gates Signage Striping Seeding ITEM OF WORK OCTOBER T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading Storm Drain Culverts Fencing / Gates Signage Striping Seeding ITEM OF WORK NOVEMBER F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading Storm Drain Culverts Fencing / Gates Signage Striping Seeding 13 EXHIBIT B PROPOSAL Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D NOTTINGHAM EXCAVATING & TRUCKING, INC. PO Box 6395, Eagle, CO 81631 info@nexcavating.com June 6, 2024 Deron Dircksen Peter Suneson SGM, Inc. Eagle County Open Space 118 West 6th Street #200 P.O. Box 850 / 500 Broadway Glenwood Springs, CO 81601 Eagle, CO 81631 derond@sgm-inc.com Peter.suneson@eaglecounty.us 303-903-0717 970-328-8637 Dear Deron and Peter, Below are the required proposal submittal requirements: 1- Proposal Form: See attached signed form. 2- Qualifications: Nottingham Excavating & Trucking has been owner operated for the last 15 years. Commercial project range in scope from foundation work, fine grading and shaping, hardscape prep, utility trenching and installation, grubbing, mass excavation and oversight of subcontractors. Currently, we employ 40 employees including a Project Manager, General Superintendents, Foremen, Heavy Equipment Operators, Utility Laborers, CDL Truck Drivers, and a Heavy Equipment Mechanic. We have a fleet of service trucks, and equipment including dozers, excavators ranging from minis to 112k lb machines, motor graders, water trucks, skidsteers, and compactors, utilized by our staff to complete any work related task. Our experienced staff work in a professional manner to complete any project. 3- Experience: Below is a list of key members of our company with their years of excavation and dirt work experience in the excavation field of work Travis Nottingham, President – 25 years Troy Rippy, Vice President and Project Manager – 20 years Dakota Dunn, General Superintendent – 8 years JD Allmon, Foreman – 10 years Reynaldo Hernandez, Forman – 20 years Luis Hernandez, Foreman – 20 years Colten Tannler, Foreman – 11 years Bob Coyne, Foreman – 10 years Gypsum/Dotsero Duck Pond Trail: Roughly half a mile of trail installation, including one foot over excavation, embankment work, import of material and compaction. Berman Bowl- Vail Resorts: Built three quarters of a mile of gravel roadways with culverts and bar ditches while grading new ski runs and prepping for a new ski lifts. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D Lake Creek: Designed and installed half a mile of 3 inch gravel road with bar ditches for a private residence. Fox Hollow: Six Hundred linear feet of bike path installed in Edwards, and 2000 linear feet of roadways for affordable income housing for Vail Health employees. Haymeadow: Several thousand feet of sidewalk and fifteen hundred feet of roads installed for Eagle County employees. Symmetry: Several Hundred feet of roadways installed for Eagle County School employees. 4- Schedule: See attached submitted proposed schedule, Appendix D. Starts date are estimated to be the following: Mobilization: September 3rd Erosion Control: September 9th Traffic Control: As required Demolition: September 12th Earthwork & Grading September 17th Storm Drain Culverts: October 1st Fencing/Gates: October 7th Signage: October 15th Striping: October 17th Seeding: October 21st 5- Budget/Pricing: See attached costs as outlined in the Bid Sheet, Appendix C 6- Familiarity with Eagle County: A majority of our staff have worked, lived and/or grew up in Eagle County. Travis Nottingham, president of Nottingham Excavating & Trucking, has been associated with Eagle County for nearly 40 years. He is a well known member of this community and lives in Eagle himself with his family. 7- References: Below are a list of three references as requested: a. Eagle River Water & Sanitization Nickola Nemcanin Field Operations Manager nnemcanin@ewrwsd.org 970-477-7911 b. GE Johnson Travis Clem Senior Project Manager clemt@gejohnson.com 719-473-5321 c. OCG: Design. Construct. Manage. Allan Arnason Field Manager Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D allan@ocgdesignmanage.com 970-470-9368 8- Legal Issues: As of today, June 6, 2024, there are no outstanding legal disputes for or against Nottingham Excavating & Trucking. 9- Deliverables: a. Product submittals to be completed at Notice to Proceed. b. Final calculation quantities to be furnished at punch list. c. Approval of As-Built drawings to be completed at punch list. Sincerely, Travis Nottingham President C: 970-977-0579 | Travis@nexcavating.com Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D Contract Item No.Contract Item Unit Plan Quantity Unit Price Total Cost 201-00000 CLEARING AND GRUBBING LS 1 19,170.00$ 19,170.00$ 202-00035 REMOVAL OF PIPE LF 28 132.00$ 3,696.00$ 202-01000 REMOVE FENCE LF 793 3.00$ 2,379.00$ 202-01035 REMOVAL OF GATE EACH 3 276.00$ 828.00$ 203-00100 MUCK EXCAVATION CY 50 179.00$ 8,950.00$ 207-00210 STOCKPILE TOPSOIL CY 901 20.00$ 18,020.00$ 207-00700 TOPSOIL (ONSITE) CY 19 301.00$ 5,719.00$ 208-00012 Erosion Log Type 1 (9 Inch)LF 210 8.00$ 1,680.00$ 208-00020 SILT FENCE LF 670 5.00$ 3,350.00$ 208-00070 VEHICLE TRACKING PAD EACH 1 20,343.00$ 20,343.00$ 208-00207 EROSION CONTROL MANAGEMENT DAY 30 223.00$ 6,690.00$ 212-00006 SEEDING (NATIVE)ACRE 0.3 3,475.00$ 1,042.50$ 213-00000 MULCHING ACRE 0.3 4,572.00$ 1,371.60$ 304-02000 AGGREGATE BASE COURSE (CLASS 2)TON 798 164.00$ 130,872.00$ 304-06000 AGGREGATE BASE COURSE (CLASS 6)TON 371 170.00$ 63,070.00$ 304-06009 AGGREGATE BASE COURSE (CLASS 6) (SPECIAL)TON 12 188.00$ 2,256.00$ 506-00000 RIPRAP CY 16 439.00$ 7,024.00$ 603-10120 12 INCH CORRUGATED STEEL PIPE LF 32 140.00$ 4,480.00$ 603-10180 18 INCH CORRUGATED STEEL PIPE LF 70 149.00$ 10,430.00$ 603-30012 12 INCH STEEL END SECTION EACH 2 1,107.00$ 2,214.00$ 603-30018 18 INCH STEEL END SECTION EACH 6 1,132.00$ 6,792.00$ 607-01110 FENCE BARBED WIRE WITH TREATED WOODEN POSTS (SPECIAL)LF 1,100 9.00$ 9,900.00$ 607-60105 4 FOOT GATE EACH 1 329.00$ 329.00$ 607-60112 12 FOOT GATE EACH 2 976.00$ 1,952.00$ 607-60120 20 FOOT GATE EACH 5 661.00$ 3,305.00$ 611-00007 CATTLE GUARD 7-FOOT W/ UP AND OVER EACH 1 900.00$ 900.00$ 614-00011 SIGN PANEL (CLASS I)SF 38 41.00$ 1,558.00$ 625-00000 CONSTUCTION SURVEYING LS 1 15,241.00$ 15,241.00$ 626-00000 MOBILIZATION LS 1 14,624.00$ 14,624.00$ 627-00070 PREFORMED THERMOPLASTIC PAVEMENT MARKINGS SF 80 25.00$ 2,000.00$ 630-00012 TRAFFIC CONTROL MANAGEMENT LS 1 12,701.00$ 12,701.00$ 700-70010 F/A MINOR CONTRACT REVISIONS F A 1 25,000.00$ 25,000.00$ 407,887.10$ TOTAL COST Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading Storm Drain Culverts Fencing / Gates Signage Striping Seeding TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading Storm Drain Culverts Fencing / Gates Signage Striping Seeding SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Mobilization X X X X Erosion Control X X X Traffic Control Demolition X X X Earthwork & Grading X X X X X X X X X X Storm Drain Culverts Fencing / Gates Signage Striping Seeding T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading X X X X X X Storm Drain Culverts X X X Fencing / Gates X X X X X Signage X X Striping X X Seeding X X X X X F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA SU M T W TH F SA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Mobilization Erosion Control Traffic Control Demolition Earthwork & Grading Storm Drain Culverts Fencing / Gates Signage Striping Seeding ADAMS WAY PROJECT SCHEDULE ITEM OF WORK JULY ITEM OF WORK AUGUST ITEM OF WORK SEPTEMBER ITEM OF WORK OCTOBER ITEM OF WORK NOVEMBER Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 14 EXHIBIT C GENERAL CONDITIONS Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 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 COUNTY 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 COUNTY 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 COUNTY 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 COUNTY 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 COUNTY 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 COUNTY. 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: Nottingham Excavating & Trucking, Inc. 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. COUNTY: Eagle County, Colorado. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 2 COUNTY’S REPRESENTATIVE: COUNTY’S Representative is the Eagle County Open Space and Natural Resources Department or its designee. DAY: A calendar day of twenty-four hours measured from midnight to the next midnight. DEFECTIVE: An adjective which, when modifying the word “Work,” refers to Work that is unsatisfactory, faulty or deficient, or does not meet the requirements of any inspection, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER’S recommendation of final payment or prior to the guarantee period under paragraph 13.12 or prior to the expiration of any applicable statute of limitations. 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: Deron Dircksen, SGM, Inc. FIELD ORDER: A written order issued by ENGINEER or COUNTY 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 COUNTY’S satisfaction, as evidenced by a written approval notice to CONTRACTOR from COUNTY’S Authorized Representative and (c) CONTRACTOR has delivered to COUNTY 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 COUNTY and CONTRACTOR. NOTICE OF AWARD: The written notice by COUNTY to the apparent successful bidder stating that upon compliance by the apparent Successful Proposer with the conditions precedent enumerated therein, within the time specified, COUNTY will sign and deliver the Agreement. NOTICE TO PROCEED: A written notice given by COUNTY 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 its obligations under the Contract Documents. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 3 PROJECT: The construction of the Adam’s Way Connector Trail. 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 Work and 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 COUNTY as evidenced by a 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. 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 COUNTY, CONTRACTOR shall also deliver to COUNTY such bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1 of these General Conditions. COPIES OF DOCUMENTS: 2.2 COUNTY shall furnish to CONTRACTOR up to two (2) copies (unless otherwise specified in the Contract Documents) of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 4 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 COUNTY any conflict, error, or discrepancy which CONTRACTOR may discover; however, CONTRACTOR shall not be liable to COUNTY 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 COUNTY 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 COUNTY, with a copy to ENGINEER, certificates of insurance (and other evidence of insurance requested by COUNTY) 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 COUNTY 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 COUNTY in writing at once and before proceeding with the Work affected thereby; however, CONTRACTOR shall not be liable to COUNTY or ENGINEER for failure to report any conflicts, error, or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge thereof, or should reasonably have known thereof. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 5 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 COUNTY, 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 COUNTY as provided for in paragraph 9.3. REUSE OF DOCUMENTS: 3.6 Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier, or distributor shall have or acquire any title to 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 COUNTY and ENGINEER, and specific written verification or adaptation by ENGINEER. ARTICLE 4 – AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS PHYSICAL CONDITIONS – INVESTIGATIONS AND REPORTS: 4.1 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: 4.2 CONTRACTOR shall promptly notify COUNTY 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 COUNTY in writing if further investigation or tests are necessary. Promptly thereafter, COUNTY may obtain the necessary additional investigations and tests, and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER and COUNTY 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: Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 6 4.3 COUNTY shall provide engineering surveys for construction to establish reference points which in its 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 COUNTY. CONTRACTOR shall report to ENGINEER and COUNTY 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 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 COUNTY. INSURANCE: 5.3 CONTRACTOR’S Liability Insurance: CONTRACTOR shall purchase and maintain such insurance as will protect it 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 itself, or by any subcontractor, or by anyone directly or indirectly employed by CONTRACTOR or any subcontractor, 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 COUNTY with evidence of continuation of such insurance at final payment and one year thereafter. 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 its employees, and claims insured by usual personal injury liability coverage; Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 7 5.3.3 Claims for damage because of bodily injury, sickness or disease, or death of any person other than its 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. 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: 5.3.4.1 Workers’ Compensation insurance as required by law. 5.3.4.2 Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. 5.3.4.3 Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. iv) Professional Liability Insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. 5.3.4.4 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 COUNTY a certificate or other document satisfactory to COUNTY showing compliance with this provision. Said insurance shall be furnished in types specified as follows: 5.3.5 CONTRACTOR’S Commercial General Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work performed by them under the Agreement and covering premises operations, fire damage, independent contractors, products and completed operations, blanket Grantual liability, personal injury, and advertising liability. 5.3.6 CONTRACTOR’S Protective Liability Insurance issued to and covering the liability for damages imposed by law upon the CONTRACTOR and each Subcontractor with respect to all Work under the Agreement performed for the CONTRACTOR by Subcontractors. 5.3.7 Completed Operations Liability Insurance issued to and covering the liability for damage imposed by law upon the CONTRACTOR and each Subcontractor arising between the date of final cessation of the Work, and the date of final acceptance thereof out of that part of the Work performed by each. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 8 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 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 COUNTY with respect to all operations under the Agreement by the CONTRACTOR or its Subcontractors, including omissions and supervisory acts by the COUNTY. 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 COUNTY, will be permissible. 5.5 Subcontractor’s Insurance: Before permitting any of its Subcontractors to perform any Work under this Agreement, CONTRACTOR shall either (a) require each of its Subcontractors to procure and maintain during the life of its Subcontracts, Subcontractor’s Public Liability and Property Damage Insurance of the types and in the amounts as may be applicable to its Work, which type and amounts shall be subject to the approval of the COUNTY, or (b) insure the activities of CONTRACTOR’S Subcontractors in its 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 COUNTY to do Work on the Projects. Such insurance shall be placed jointly in the names of the COUNTY, CONTRACTOR, and any and all Subcontractors, and any and all others obliged by contract with the COUNTY to do Work on this Project and at the COUNTY’s option, any other person or persons whom the COUNTY deems to have an insurable interest in said property, or any part thereof, payable as their several interests may appear. CONTRACTOR shall furnish COUNTY 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 COUNTY as trustee. The COUNTY 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. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 9 5.7 Certificates of Insurance: Certificates of Insurance acceptable to the COUNTY shall be provided to the COUNTY for attachment to the Agreement. These Certificates shall contain provisions naming the COUNTY as an additional insured under CONTRACTOR’S insurance, as more fully required by the General Conditions herein, and that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given the COUNTY. CONTRACTOR and its Subcontractors shall not permit any of its Subcontractors to start Work until all required insurance has been obtained and certificates with the proper endorsements have been filed with the COUNTY. Failure of the CONTRACTOR to comply with the foregoing insurance requirement shall in no way waive the COUNTY’S rights hereunder. 5.8 County’s Liability Insurance: The COUNTY, at its option, may but shall not be required to purchase and maintain such liability insurance as will protect it against claims which may arise from operations under this Agreement. Purchasing and maintaining such insurance, however, will not relieve the CONTRACTOR from purchasing and maintaining the insurance hereinbefore specified. 5.9 Loss of Use of Insurance: The COUNTY, at its option, may but shall not be required to, purchase and maintain such insurance as will insure it against loss of use of COUNTY’S property due to fire or other hazards, however caused. 5.10 Coverage required of CONTRACTOR and any of its Subcontractors shall be primary over any insurance or self-insurance program carried by COUNTY. 5.11 All insurance policies in any way related to this Agreement and secured and maintained by CONTRACTOR as required in this Article 5 shall include clauses stating that each carrier shall waive all rights of recovery, under subrogation or otherwise, against County, its members, managers, agencies, institutions, organizations, officers, agents, employees, and volunteers. 5.12 COUNTY shall be named as additional insured on the Commercial General Liability, Automobile Liability Insurance, and Completed Operations Liability Insurance policies. 5.13 CONTRACTOR shall insert a clause containing the terms of section 5.3 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. 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 COUNTY and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR’S Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 10 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 COUNTY 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 COUNTY may reasonably request. 6.2.2 CONTRACTOR will participate in meetings with COUNTY at a specific date, time and place established by COUNTY, 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 COUNTY’S written consent given after prior written notice to ENGINEER. 6.4 Colorado labor shall be employed to perform the Work to the extent of not less than eighty percent of each type or class of labor in the several classifications of skilled and common labor employed on the Project. “Colorado labor” means any person who is a resident of the State of Colorado, at the time of employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age is a bona fide occupational qualification. 6.5 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities, and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of Work. 6.6 All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by 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 COUNTY’s assessment that the Project is not adequately staffed or the Work is not progressing adequately. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 11 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 COUNTY if sufficient information is submitted by CONTRACTOR to ENGINEER and COUNTY to determine that the material or equipment proposed is equivalent to that named. The procedure for review by ENGINEER and COUNTY will be as set forth in paragraphs 6.11.1 and 6.11.2 below. 6.11.1 If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall make written application to ENGINEER and COUNTY 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 redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER and COUNTY in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish, at CONTRACTOR'S expense, additional data about the proposed substitute. ENGINEER and COUNTY will be the sole judge of acceptability, and no substitute will be ordered or installed without ENGINEER’S and COUNTY’s prior written acceptance. COUNTY 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 COUNTY for the charges of ENGINEER and ENGINEER'S consultants for evaluating any proposed substitute. CONCERNING SUBCONTRACTORS: Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 12 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 COUNTY or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to COUNTY and ENGINEER by CONTRACTOR prior to the Notice of Award, and not objected to in writing by COUNTY or ENGINEER prior to the Notice of Award, will be deemed acceptable to COUNTY and ENGINEER. Acceptance of any Subcontractor, other person or organization by COUNTY or ENGINEER shall not constitute a waiver of any right of COUNTY or ENGINEER to reject defective work. If COUNTY 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 its 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 COUNTY 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 COUNTY 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. COUNTY or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done. 6.14 The divisions and sections of the specifications and the identifications of any drawings shall not control CONTRACTOR in dividing the Work among Subcontractors, or delineating the Work to be performed by any specific trade. 6.15 All Work performed for CONTRACTOR by a Subcontractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the COUNTY 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 COUNTY 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 COUNTY in the Contract Documents. CONTRACTOR shall indemnify and hold harmless COUNTY 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 13 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 except the COUNTY will pay for the Town of Eagle Building Permit. CONTRACTOR shall obtain and pay for Eagle County licenses. COUNTY 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 COUNTY 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 COUNTY 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 COUNTY, 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 it in accordance with the law of the place of the Project. COUNTY of this Project is Tax Exempt. 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 Site 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 Site as well as all tools, appliances, construction equipment, and machinery, and surplus materials, and shall leave the site clean and ready for use and (or) occupancy by COUNTY. CONTRACTOR shall restore to their original condition those portions of the Project 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. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 14 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 COUNTY 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 Countys of such Underground Facilities, including COUNTY, 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 changes made during the construction process. These shall be available to ENGINEER for examination and shall be delivered to ENGINEER for COUNTY 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 15 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 COUNTY 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 COUNTY 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 COUNTY and CONTRACTOR, in accordance with paragraph 14.13, that the Work is acceptable. 6.29 CONTRACTOR shall designate a responsible member of ITS 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 COUNTY. 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 COUNTY, is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER and COUNTY 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 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 COUNTY’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 COUNTY will review and approve, with reasonable promptness, Shop Drawings and samples, but ENGINEER'S and/or COUNTY’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, Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 16 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 COUNTY, 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 COUNTY on previous submittals. CONTRACTOR'S stamp of approval on any Shop Drawing or sample shall constitute a representation to COUNTY 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 COUNTY as to samples. 6.36 ENGINEER'S review and approval of Shop Drawings or ENGINEER’S and COUNTY’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) COUNTY’s attention to such deviation at the time of submission, and ENGINEER with prior approval of COUNTY has given written concurrence and approval to the specific deviation, nor shall any concurrence or approval by ENGINEER or COUNTY 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 COUNTY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and COUNTY may otherwise agree in writing. INDEMNIFICATION: 6.38 To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify, and hold harmless COUNTY and ENGINEER, and their officials, agents, and employees, from and against all claims, damages, liabilities, losses, and expenses including, but not limited to, attorney’s fees and costs arising out of, or resulting from, the performance or non-performance of the Work, and including, but not limited to, claims, damages, liabilities, losses, or expenses attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom or is caused, in whole or in part, by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable. Nothing in the Contract Documents shall be interpreted that the COUNTY or ENGINEER waives its sovereign immunity granted under Colorado Governmental Immunity Act if applicable or other applicable law. 6.39 In any and all claims against COUNTY 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 17 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, its 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 COUNTY may perform additional Work related to the Project by ITSELF, 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 COUNTY, if COUNTY is performing the additional work with COUNTY'S employees) reasonable opportunity for the introduction and storage of materials and equipment, and the execution of work, and shall properly connect and coordinate CONTRACTOR’S 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 COUNTY), CONTRACTOR shall inspect and promptly report to ENGINEER and COUNTY 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 its 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 COUNTY and the others whose work will be affected. 7.4 If the performance of additional work by other contractors or utility service companies or COUNTY 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 COUNTY 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 – COUNTY’S RESPONSIBILITIES 8.1 COUNTY shall issue communications to CONTRACTOR or through ENGINEER. 8.2 In case of termination of the employment of ENGINEER, COUNTY shall appoint an ENGINEER whose status under the Contract Documents shall be that of the former ENGINEER. 8.3 COUNTY 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 COUNTY’S rights or remedies under the Contract Documents. ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 18 COUNTY’S REPRESENTATIVE: 9.1 The duties and responsibilities and the limitations of authority of ENGINEER as COUNTY'S representative during construction are set forth in the Contract Documents, and shall not be extended without written consent of COUNTY 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, ENGINEER shall first discuss such decision and proposed acceptance with COUNTY 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 COUNTY and obtain its approval prior to approving any payment, additive or deductive 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 COUNTY 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 COUNTY informed of the progress of the Work. CLARIFICATIONS AND INTERPRETATIONS: 9.3 ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of drawings or otherwise) as ENGINEER and COUNTY 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 COUNTY 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. DECISIONS ON DISAGREEMENTS: 9.5 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 COUNTY 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 COUNTY’s. Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 19 LIMITATIONS ON ENGINEER'S RESPONSIBILITIES: 9.6 Neither ENGINEER'S nor COUNTY’s authority to act under this Article 9, or elsewhere in the Contract Documents, nor any decision made by ENGINEER or COUNTY in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER or COUNTY to CONTRACTOR, any Subcontractor, any manufacturer, fabricator, supplier, or distributor, or any of their agents or employees, or any other person performing any of the Work. 9.7 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). 9.8 ENGINEER and COUNTY 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 COUNTY will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 9.9 ENGINEER and COUNTY will not be responsible for the acts or omissions of CONTRACTOR, or of any Subcontractor, or of the agents or employees of any CONTRACTOR or Subcontractor, or of any other persons at the site or otherwise performing any of the Work. ARTICLE 10 – CHANGES IN THE WORK 10.1 Without invalidating the Contract Documents, COUNTY 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 COUNTY 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 COUNTY, 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 COUNTY may execute appropriate change orders prepared by ENGINEER covering changes in the Work which are required by COUNTY, or required because of unforeseen physical conditions Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 20 or emergencies, or because of uncovering Work found not to be defective, or as provided in paragraphs 11.10 or 11.11. 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 its 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 COUNTY and ENGINEER within seven (7) 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 COUNTY 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, CONTRACTOR shall provide COUNTY 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 COUNTY, 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 COUNTY 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 21 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 COUNTY. 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 COUNTY. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to COUNTY, 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 COUNTY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR, and shall deliver such bids to COUNTY, 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 COUNTY 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 Deposits lost for causes other than CONTRACTOR'S negligence, royalty payments, and fees for permits and licenses. 11.5.4.5 Cost of premiums for additional bonds and insurance required because of changes in the Work. 11.6 The term “Cost of the Work” shall not include any of the following: 11.6.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorship), general managers, ENGINEER's, engineers, estimators, lawyers, auditors, accountants, purchasing and contracting agents, Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 22 expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR’S 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 COUNTY 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 COUNTY, an itemized cost breakdown together with supporting data. 11.10 Where the quantity of Work with respect to any item that is covered by a unit price differs materially and significantly from the quantity of such Work indicated in the Contract Documents, an appropriate change order (additive or deductive) may be issued on recommendation of Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 23 ENGINEER with written approval of COUNTY. 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 COUNTY 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 COUNTY. 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 COUNTY 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 COUNTY. 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 COUNTY 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 COUNTY 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 COUNTY. 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 COUNTY 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: Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 24 13.2 COUNTY and ENGINEER'S representatives, other representatives of COUNTY, 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 COUNTY timely notice of readiness of Work for all required inspections, tests or approvals. 13.4 Except as otherwise noted in the Agreement, 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 COUNTY 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 COUNTY'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 COUNTY (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 COUNTY 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 COUNTY, it must, if requested by ENGINEER or COUNTY, be uncovered for observation. Such uncovering shall be at CONTRACTOR'S expense, unless CONTRACTOR has given ENGINEER and COUNTY timely notice of CONTRACTOR'S intention to cover such Work and ENGINEER or COUNTY has not acted with reasonable promptness in response to such notice. 13.7 Neither observations by ENGINEER or COUNTY nor inspections, tests, or approvals by others shall relieve CONTRACTOR from CONTRACTOR’S 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 COUNTY, it must, if requested by ENGINEER or COUNTY, be uncovered for ENGINEER’S and COUNTY’s observation and replaced at CONTRACTOR'S expense. 13.9 If ENGINEER or COUNTY considers it necessary or advisable that covered Work be observed by ENGINEER or COUNTY, or inspected or tested by others, CONTRACTOR, at ENGINEER'S or COUNTY’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER or COUNTY 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, Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 25 inspection, and testing of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive change order shall be issued. COUNTY MAY STOP THE WORK: 13.10 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, COUNTY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of COUNTY to stop the Work shall not give rise to any duty on the part of COUNTY 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 COUNTY, CONTRACTOR shall promptly, without cost to COUNTY and as specified by ENGINEER or COUNTY, either correct any defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER or COUNTY, remove it from the site and replace it with non-defective Work in a manner acceptable to the ENGINEER and COUNTY. TWO YEAR CORRECTION PERIOD: 13.12 If, within two years after the date of Final 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 COUNTY, and in accordance with COUNTY'S written instructions, either correct such defective Work, or, if it has been rejected by COUNTY, 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, COUNTY 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, COUNTY (and prior to ENGINEERS recommendation of final payment) prefers to accept it, COUNTY 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 COUNTY. COUNTY MAY CORRECT DEFECTIVE WORK: 13.14 If CONTRACTOR fails, within a reasonable time after written notice of ENGINEER and COUNTY, to proceed to correct defective Work, or to remove and replace rejected Work as required by ENGINEER or COUNTY 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), COUNTY may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising its rights under this paragraph COUNTY shall proceed expeditiously. To the extent necessary to complete corrective Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 26 and remedial action, COUNTY 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 COUNTY has paid CONTRACTOR, but which are stored elsewhere. CONTRACTOR shall allow COUNTY, COUNTY'S representatives, agents, and employees such access to the site as may be necessary to enable COUNTY to exercise his rights under this paragraph. All direct and indirect costs of COUNTY in exercising such rights shall be charged against CONTRACTOR in an amount verified by ENGINEER, and a change order shall be issued incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required, and all costs of repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by COUNTY of COUNTY'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 COUNTY 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 COUNTY. 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 COUNTY, it shall be incorporated into a form of application for payment acceptable to ENGINEER and COUNTY. 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 COUNTY 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 COUNTY 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 COUNTY, as will establish COUNTY'S title to the material and equipment, and protect COUNTY'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: Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 27 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 COUNTY 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 COUNTY, 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. COUNTY 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 COUNTY 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 COUNTY free and clear of any Liens. 14.6 ENGINEER'S recommendation of final payment will constitute an additional representation by ENGINEER to COUNTY 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 its opinion, it would be incorrect to make such representations to COUNTY. ENGINEER 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 COUNTY from loss because: 14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2 written claims have been made against COUNTY, or liens have been filed in connection with the Work, 14.7.3 the Contract Price has been reduced because of Modifications, Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 28 14.7.4 COUNTY 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 COUNTY 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, COUNTY, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER after conferring with COUNTY does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving reasons therefor. If ENGINEER after conferring with COUNTY considers the Work substantially complete, ENGINEER will prepare and deliver to COUNTY 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. COUNTY 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 (14) days after submission of the tentative certificate to COUNTY, notify CONTRACTOR in writing stating his reasons therefor. If, after consideration of COUNTY’S objections, ENGINEER considers the Work substantially complete, ENGINEER will, within said fourteen (14) days, execute and deliver to COUNTY 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 it believes justified after consideration of any objections from COUNTY. At the time of delivery of tentative certificate of substantial completion, COUNTY and CONTRACTOR will mutually agree upon the division of responsibilities pending final payment between COUNTY and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, and insurance. 14.9 COUNTY shall have the right to exclude CONTRACTOR from the Work after the date of substantial completion, but COUNTY shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. PARTIAL UTILIZATION: 14.10 Use by COUNTY of completed portions of the Work may be accomplished prior to substantial completion of all the Work subject to the following: 14.10.1 COUNTY, at any time, may request CONTRACTOR in writing to permit COUNTY to use any part of the Work which COUNTY 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 COUNTY 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 29 reasonable time thereafter, COUNTY, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER after conferring with COUNTY considers that part of the Work to be substantially complete, ENGINEER will execute, and deliver to COUNTY 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 COUNTY will deliver to COUNTY and CONTRACTOR a written recommendation as to the division of responsibilities pending final payment between COUNTY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, and insurance for that part of the Work which shall become binding upon COUNTY and CONTRACTOR at the time of issuing the definitive certificate of substantial completion as to that part of the Work, unless COUNTY and CONTRACTOR shall have otherwise agreed in writing. COUNTY shall have the right to exclude CONTRACTOR from any part of the Work which ENGINEER has so certified to be substantially complete, but COUNTY 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, COUNTY 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, COUNTY and CONTRACTOR have agreed as to the division of responsibilities between COUNTY 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 COUNTY and CONTRACTOR, and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies. FINAL APPLICATION FOR PAYMENT: 14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and COUNTY, 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 30 required by the Contract Documents, and after ENGINEER and COUNTY 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 COUNTY 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 COUNTY. In lieu thereof, and as approved by COUNTY, 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 COUNTY 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 COUNTY to indemnify COUNTY. FINAL COMPLETION AND FINAL PAYMENT AND ACCEPTANCE: 14.13 If, after conferring with COUNTY 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 COUNTY 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 COUNTY for payment. Thereupon, ENGINEER will give written notice to COUNTY 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, COUNTY 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 COUNTY to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by COUNTY, nor any act of acceptance by COUNTY, 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 COUNTY 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: Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 31 14.15.1 a waiver of all claims by COUNTY 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 COUNTY 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 COUNTY other than those previously made in writing and still unsettled. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION COUNTY MAY SUSPEND WORK: 15.1 COUNTY 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 COUNTY'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 it makes a claim therefor as provided in Articles 11 and 12. 15.2 Upon the occurrence of any one or more of the following events: 15.2.1 if CONTRACTOR is adjudged bankrupt or insolvent, 15.2.2 if CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.3 if a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR'S property, 15.2.4 if CONTRACTOR files a petition to take advantage of any debtor’s act, or to reorganize under the bankruptcy or similar laws, 15.2.5 if CONTRACTOR repeatedly fails to supply sufficient skilled workmen, or suitable materials or equipment, 15.2.6 if CONTRACTOR repeatedly fails to make prompt payments to Subcontractors, or for labor, materials, or equipment, 15.2.7 if CONTRACTOR disregards laws, ordinances, rules, regulations, or orders of any public body having jurisdiction, 15.2.8 if CONTRACTOR disregards the authority of ENGINEER, or 15.2.9 if CONTRACTOR otherwise violates, in any substantial way, any provisions of the Contract Documents, COUNTY 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 Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 32 liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site, or for which COUNTY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as COUNTY 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 COUNTY. Such costs incurred by COUNTY shall be verified by ENGINEER and incorporated in a change order, but in finishing the Work, COUNTY shall not be required to obtain the lowest figure for the Work performed. 15.3 Where CONTRACTOR'S services have been so terminated by COUNTY, the termination shall not affect any rights of COUNTY against CONTRACTOR then existing, or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by COUNTY will not release CONTRACTOR from liability. 15.4 Upon seven days written notice to CONTRACTOR and ENGINEER, COUNTY 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 COUNTY, 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 COUNTY fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven (7) days written notice to COUNTY and ENGINEER, terminate the Agreement and recover from COUNTY payment for all Work executed through the date of termination. ARTICLE 16 – MISCELLANEOUS COMPUTATION OF TIME: 16.1 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: 16.2 Should COUNTY 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. 16.3 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 COUNTY and ENGINEER Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 33 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 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: 11D5BA49-F324-4F46-A12A-E626A44B4D0D 15 EXHIBIT D EAGLE COUNTY OPEN SPACE AND NATURAL RESOURCES ADAM’S WAY CONNECTOR TRAIL PLAN SET Docusign Envelope ID: 11D5BA49-F324-4F46-A12A-E626A44B4D0D Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-298.002FJB04.15.24DJDAW-AdminDJC1Scope of Work Develop a 12' wide gravel trail from Road 307 approximately 700 feet to thesoutheast transitioning into a 4' wide trail for an additional 200 feet. Also, develop a12' wide gravel trail from Brush Creek Road to existing parking lot. Replace twoexisting 18" culverts and add two new culverts, 18" and 12".Project SiteProject List of Contacts1 Cover Sheet2Legend and Abbreviations3General Notes4Summary of Quantities5Existing Conditions and Demolition Plan6Geometry Plan7Site & Signage Plan8Trail Plan and Profile Sta 10+00 to 15+009Trail Plan and Profile Sta 15+00 to 19+5010Trail Connector Plan and Profile11Fencing Plan12Erosion Control Plan13Site Details14Fencing and Gate DetailsSheet IndexVicinity MapProject EngineerDeron Dircksen, P.E. 39741 14BID SET Adam's Way Connector TrailEagle County Open Space and Natural ResourcesEagle County Open Spaceand Natural Resources118 West Sixth Street, Suite 200Glenwood Springs, CO 81601970.945.1004 www.sgm-inc.com P.O.Box 179500 BroadwayEagle, CO 81631(970) 328-8701Bid SetApril 2024Title:Adam's Way Connector TrailCover SheetEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com SGM - PROJECT ENGINEERDeron J. Dircksen, P.E. derond@sgm-inc.com (970) 384-9012CENTURYLINKJason Sharpe jason.sharpe@lumen.com(970) 328-8290 (work)Design Engineer(970) 309-2973 (mobile)(Field Operations)Peter Suneson,Open Space ManagerNot to Scale TTCFOTRUEUWTEFOIRCWEFOGSTUECFOTRTUGVICVSVGVOSWETETGMWGMEMWMGWSPPGMEMWMTCFOTRUEECFOTRTUGWSGMWSVICVOSWHYDICBCOSPRICBSPRPPCOHYDRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-298.002FJB04.15.24DJDAW-AdminDJC2 14BID SETTitle:Adam's Way Connector TrailLegend andAbbreviationsEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com ” Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :2019-298.002FJB04.15.24DJDAW-AdminDJC3 14BID SETTitle:Adam's Way Connector TrailGeneral NotesEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = ##'######2019-298.002XX04.15.24XXAW-QuantitiesXX4 14BID SETTitle:Adam's Way Connector TrailSummary of QuantitiesEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0ITEM NUMBERCDOT Ref.No.CONTRACT ITEMUNITPLAN QUANITITYAS CONSTRUCTED1201-00000CLEARING AND GRUBBINGLS12202-00008TREE TRIMMINGHOUR163202-00010REMOVAL OF TREEEACH14202-00035REMOVAL OF PIPELF285202-01000REMOVE FENCELF7936202-01035REMOVAL OF GATEEACH37203-00100MUCK EXCAVATIONCY508207-00210STOCKPILE TOPSOILCY9019207-00700TOPSOIL (ONSITE)CY1910208-00012EROSION LOG TYPE 1 (9 INCH)LF21011208-00020SILT FENCELF67012208-00070VEHICLE TRACKING PADEACH113208-00207EROSION CONTROL MANAGEMENTDAY3014212-00006SEEDING (NATIVE)ACRE0.315213-00000MULCHINGACRE0.316304-02000AGGREGATE BASE COURSE (CLASS 2)TON79817304-06000AGGREGATE BASE COURSE (CLASS 6)TON37118304-06009AGGREGATE BASE COURSE (CLASS 6) (SPECIAL)TON1219506-00000RIPRAPCY1620603-1012012 INCH CORRUGATED STEEL PIPELF3221603-1018018 INCH CORRUGATED STEEL PIPELF7022603-3001212 INCH STEEL END SECTIONEACH223603-3001818 INCH STEEL END SECTIONEACH624607-01110FENCE BARBED WIRE WITH TREATED WOODEN POSTS (SPECIAL)LF110025607-601054 FOOT GATEEACH126607-6011212 FOOT GATEEACH227607-6012020 FOOT GATEEACH528611-00007CATTLE GUARD 7-FOOT W/ UP AND OVEREACH129614-00011SIGN PANEL (CLASS I)SF3830625-00000CONSTUCTION SURVEYINGLS131626-00000MOBILIZATIONLS132627-00070PREFORMED THERMOPLASTIC PAVEMENT MARKINGSSF8033630-00012TRAFFIC CONTROL MANAGEMENTLS134700-70010F/A MINOR CONTRACT REVISIONSF A1SUBTOTAL: 6"6"4"WM-"10"12"12"10"96"12"12"12"12"10"10"10"15"15"15"Brush Creek RoadRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-ExCondDemoDJC5 14BID SETTitle:Adam's Way Connector TrailExisting Conditions andDemolition PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-GeometryPlanDJC6 14BID SETTitle:Adam's Way Connector TrailGeometry PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 6"6"4"WM-"10"12"12"10"96"20"15"12"12"12"12"10"10"10"15"15"15"8"6"Brush Creek RoadRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-SitePlanDJC7 14BID SETTitle:Adam's Way Connector TrailSite & Signage PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 6"6"4"-"10"12"96"Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 20'1020402019-298.002FJB04.15.24DJDAW-TrailPPDJC8 14BID SETTitle:Adam's Way Connector TrailTrail Plan and ProfileSta 10+00 to 15+00Eagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 20'1020402019-298.002FJB04.15.24DJDAW-TrailPPDJC9 14BID SETTitle:Adam's Way Connector TrailTrail Plan and ProfileSta 15+00 to 19+50Eagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 20'1020402019-298.002FJB04.15.24DJDAW-TrailPPDJC10 14BID SETTitle:Adam's Way Connector TrailTrail ConnectorPlan and ProfileEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 6"6"4"-"10"12"12"10"96"Brush Creek RoadRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-FencePlanDJC11 14BID SETTitle:Adam's Way Connector TrailFencing PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 6"6"4"-"10"12"12"10"96"Brush Creek RoadRevision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 40'2040802019-298.002FJB04.15.24DJDAW-ErosionControlDJC12 14BID SETTitle:Adam's Way Connector TrailErosion Control PlanEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0 Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 4'2482019-298.002FJB04.15.24DJDAW-DetailsDJC13 14BID SETTitle:Adam's Way Connector TrailSite DetailsEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0FLOWFLOWSFSCL Revision#Dwg No.Job No.Drawn by:Date:File:PE:QC:Date By: Project Milestone:Of :Graphic ScaleIn Feet: 1" = 4'2482019-298.002FJB04.15.24DJDAW-DetailsDJC14 14BID SETTitle:Adam's Way Connector TrailFencing and GateDetailsEagle County Open Space and Natural Resources 118 West Sixth Street, Suite 200 Glenwood Springs, CO 81601 970.945.1004 www.sgm-inc.com 0