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HomeMy WebLinkAboutPW 2007COLORADO DEPARTMENT OF TRANSPORTATION SPECIAL USE PERMIT LANDSCAPE XXGENRAL CONSTN ❑SURVEY ❑OTHER ( ) PERMITTEE DEPARTMENT USE ONLY Name Date issued 11/12/07 LAYTOHN CONSTRUCTION COMPANY, INC. Permit # 13,738 Address S.H.# 070A FR M.P. 175.94-176.02mm 9090 SOUTH SANDY PARWAY District 03 SANDY, UT 84070 Telephone (970)470-5389 Ext. 13 Representative: MARK REED MAIN VAIL ROUNDABOUT NOTICE TO PERMITTEE: You must notify owner or operator of underground utility facilities at least two (2) business days prior to making or beginning excavations in the vicinity of such facilities, as required under Section 9-1.5-103, Colorado Revised Statutes. CALL UTILITY NOTIFICATION CENTER OF COLORADO (UNCC & CDOT), 1-800-922-1987 & (970) 683-6271, FOR MARKING OF MEMBER UTILITIES.. CONTACT NON-MEMBER UTILITIES DIRECTLY ACTIVITY DESCRIPTION (Furnished by PPrmittPPI NATURE OF ACTIVITY BUILD TEMPORARY SIDEWALK, RELOCATE EXISTING GATE & INSTALL NEW CONDUIT FOR RELOCATION OF LIGHT FIXTURES. UTILITY PERMIT WILL BE REQUIRED TO INSTALL ELECTRICAL CABLES & CONECT TO ELECTRIC SOURCE. LOCATION: State Hwy. No. 070A Frontage Rd. County EAGLE Mile point(s) 175.94-176.02mm Intersecting Feature(s): Other Location Information Section 02 Patrol 2MARY4 ADDITIONAL REMARKS CURRENT INSURANCE CERTIFICATE ON FILE. PLEASE REVIEW & COMPLY WITH THE ATTACHED "LATE FALL, WINTER & SPECIAL PROVISIONS-(completed b the Department) The Special Provisions are terms and conditions of this permit. Any work shall only be in accordance with the special provisions and other applicable details as set forth in this permit and its attachments. The CDOT Inspector is: LARRY DUNGAN Telephone (970)845-8816 Fax (970)845-8816 Work is to be completed on or before: 11/15/07 or within days, (as applicable) Work time restrictions: DAYLIGHT HOURS ONLY, NO WEEKENDS OR HOLIDAYS. (ALSO SEE ATTACHED STANDARD PROVISIONS, AND ADDITIONAL SPECIAL PROVISIONS), (TRAFFIC CONTROL MUST CONFORM TO THE MUTCD) Other: Permittee is prohibited from commencing any activity within highway ROW prior to issuance of a fully endorsed and validated permit. Permit, insurance certificate(s), and traffic control plan must be available on site during work. High visibility vests are required at all times during working hours. 1. Your request to perform the work as described above is granted subject to the terms and conditions of this permit, including the Standard and Special Provisions as shown on the permit and all attachments hereto. 2. To the extent authorized by law, the Permittee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims, damages, liability, and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Permittee, or its employees, agents, subcontractors or assignees pursuant to the terms of this permit. 3. Failure by the Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancel) iscretion of the Department of Transportation. 4. THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIX, UTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE SPORTATION REGION OFFICE. 5. In accepting this permit the undersigned, representing the Permittee, verifies that he or she has the authority to sign for Permittee, and that he or she has read, understands and accepts all the included conditions. Attested Date I Signat re Date I I I-- Title I Title - I Pry C S fee ,e/ i COLORADO DEPARTMENT OF TRANSPORTATION ; By Date of issue Chief Engineer Regional Transportation Director or Designee 111/12/07 City/Town VAIL CDOT Form # 1283a 2/01 ,I STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety Utility Permit Section 222 South 61h Street, Room 100 Grand Junction, Colorado 81501 (970) 683-6271 FAX: (970) 683-6290 November 6, 2007 Tom Kassmel Town of Vail 1309 Elkhorn Drive Vail, CO 81657 Re: Utility Permit # 13,765 Dear: Tom, Please find enclosed, Utility Permit number 13,765 with the Standard and Special Provisions attached. You will find two (2) copies of the Permit. Please review the "Permittee" and "Activity Description" sections of the Permit for accuracy. Please note the changes/additions to the Standard & Special Provisions. Please read carefully. The new provisions are in effect Janurary 1, 2007. PLEASE REVIEW & COMPLY WITH THE ATTACHED "LATE FALL, WINTER & SPRING SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS". If the information is correct and you agree to the attached Standard and Special Provisions, please sign, attest and date both copies of the permit. Return to me at the above address, one copy of the permit (without attachments) with the original signatures. Upon my receipt of the fully endorsed copy, the Permit shall become valid. Utility space in the ROW is becoming a concern. It may be necessary in the future to combine utility owner lines in a common trench in some locations. I must bring to your attention, that abandoning utilities in The Right of Way (ROW) will no longer be allowed, unless at CDOT direction. I may be reached at the above number should you have questions or if I may be of further assistance. Sincerely, Mike Verketis Utility Coordinator/Inspector Xc: File Dungan COLORADO DEPARTMENT OF TRANSPORTATION ❑ ❑ ❑ ❑ ❑ ❑ ❑ I_]' ❑ u-1 G❑❑❑❑❑Z'] n ❑❑❑❑❑0❑❑❑❑❑❑❑❑❑ r L-,il❑❑❑❑❑❑❑❑❑❑❑❑❑❑1 PERMITTEE Name DEPARTMENT USE ONLY Date issued 11/6/07 TOWN OF VAIL Permit # 13,765 Address S.H.# 070A FR M.P. 175.94-176.02mm 1309 ELKHORN DRIVE District 03 VAIL, CO 81657 Section 02 Telephone: (970) 479-2158 Representative: "TOM KASSMEL Patrol 2MARY4 NOW E "10 PERNIII TEE; You must notify owner or operator of underground utility facilities at least two (2) business days prior to making or beginning excavations in the vicinity of such facilities, as required under Section 9-1.5-103, Colorado Revised Statutes. CALL UTILITY NOTIFICATION CENTER OF COLORADO (UNCC), 1-800-922-1987 & CDOT 970-683-6271, FOR MARKING OF MEMBER UTILITIES.. CONTACT NON-MEMBER UTILITIES DIRECTLY ACTIVITY DESCRIPTION Furnished b Permittee PURPOSE ❑ Installation XX Adjustment XX Removal ❑ Maintenance of existing Facility FACILITY (Type, size, class of transmittant, design pressure or potential, etc.) NATURE OF INSTALLATION XX Longitudinal (Parallel) ❑ Transverse (Crossing) XX Buried* XX Aerial/Ground-mounted ❑Attach. To Hwy. Str. No. LOCATION State Hwy. No. 070A Frontage Rd. County EAGLE City/Town VAIL Milepoint(s) 175.94-176.02mm Intersecting Feature(s): MAIN VAIL INTERCHANGE ADDITIONAL REMARKS CURRENT INSURANCE CERTIFICATE ON FILE. PLEASE REVIEW & COMPLY WITH THE ATTACHED "LATE FALL, WINTER & SPRING SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS" For underground facility location information, contact: UNCC & CDOT Telephone 1-800-922-1987 & (970) 683-6271 SPECIAL PROVISIONS (completed by the Department) The Special Provisions are terms and conditions of this permit. Any work shall only be in accordance with the approved plans and special provisions as set forth in this permit and its attachments. The CDOT inspector is LARRY DUNGAN Telephone (970) 845-8816 Fax (970)845-8816 Work is to be completed on or beforeA 1/15/07 Ext. with approval of Nail or within days, (as applicable) Work time restrictions: DAYLIGHT HOURS ONLY. NO WEEKENDS OR HOLIDAYS. Designated minimum cover is See SPECIAL PROVISION #24 Designated overhead clearance is N/A (ALSO SEE ATTACHED STANDARD PROVISIONS, AND ADDITIONAL SPECIAL PROVISIONS), (TRAFFIC CONTROL MUST CONFORM TO THE MUTCD) Other: FIELD INSPECTOR SHALL BE NOTIFIED 48 HOURS PRIOR IS TO BEGIN OR PERMIT IS VOID. Permittee is prohibited from commencing any work within highway ROW prior to issuance of a fully endorsed and validated permit. Permit, plan exhibit, insurance certificate(s), and traffic control plan must be available on site during work. High visibility vests are required at all times during working hours. 1. Your request to use and/or occupy state highway system rights of way as described above is granted subject to the terms and conditions of this permit, including the Standard and Special Provisions as shown on the permit and all attachments hereto. 2. To the extent authorized by law, Permittee hereby assumes, releases and agrees to indemnify, defend, protect, and save the State of Colorado harmless from and against any loss and/or damages to the property of the State of Colorado, third parties or the Permittee's facilities, and all loss and/or damage on account of injury to or death of any person whomsoever, arising at any time, caused by or growing out of the occupation of Colorado State Highway rights of way by Permittee's facilities or any part thereof, including but not limited to installation, adjustment, relocation, maintenance or operation, or removal of existing facilities, unless such loss and/or damage arises from the sole negligence or willful conduct of the State of Colorado or its employees or agents. 3. Failure by the Permittee to comply with any of the included terms or conditions may subject this permit to suspension or cancellation, at the discretion of the Department of Transportation. 4. THIS PERMIT IS NOT VALID UNTIL FULLY ENDORSED BY ALL PARTIES, WITH DATE OF ISSUE AFFIXED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT. A FULLY EXECUTED COPY OF THIS PERMIT MUST BE ON FILE AT THE TRANSPORTATION REGION OFFICE. 5. In accepting this permit the undersigned, representing the Permittee, verifies that he or she has the authority to sign for and bind the Permittee, and that he or she has read, understands and accepts all the included conditions. red Date I Signature Date N--__________J_~50 I~ I _ _ _________________________________J_ I COLORADO DEPARTMENT OF TRANSPORTATION By I Date I Chief Engineer WELDON ALLEN / MIKE VERKETIS 11/6/07 CDOT Form # 333a Rev. 02/01 STANDARD PROVISIONS FOR UTILITY and OTHER PERMIT OPERATIONS The Standard Provisions are terms and conditions of this permit Effective May 2001 Utility work authorized under this permit shall comply with the requirements of the CDOT Utility Manual, and applicable federal, state, local, and industry codes and regulations. Construction of any portion of the highway facility, including the pavement structure, subsurface support, drainage, landscaping elements, and all appurtenant features, shall comply with the provisions of the CDOT Standard Specifications for Road and Bridge Construction, and with the Colorado Standard Plans (M & S Standards). 24-10-114 CRS = Section 24-10-114, Colorado Revised Statutes 1973, as amended ROW = Right of Way COMMENCEMENT AND COMPLETION Work on highway ROW shall not commence prior to issuance of a fully endorsed and validated permit. Permittee shall notify the CDOT inspector: 1) 2 working days before commencing work on ROW; 2) When suspending operations for 5 or more working days; 3) 2 working days before resuming suspended work; and 4) Upon completion of work. Work shall not proceed beyond a completion date specified in the Special Provisions without written approval of the Department. PLANS, PLAN REVISIONS, ALTERED WORK Plans or work sketch (EXHIBIT A) are subject to CDOT approval. A copy of the approved plans or sketch must be available on site during work. Plan revisions, or altered work differing in scope or nature from that authorized under this permit, are subject to CDOT prior approval. Permittee shall promptly notify the CDOT inspector of changed or unforeseen conditions, which may occur on the job. TRAFFIC CONTROL Whenever the work will affect the movement or safety of traffic, Permittee shall develop and implement a traffic control plan, and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site and the safety of the utility work force. High visibility vests shall be worn at all times during work. The traffic control plan and the application of traffic control devices shall conform to the Manual on Uniform Traffic Control Devices and Colorado Supplement thereto, and with the Department's traffic signing Standard Plans S 630-1 and S 630-2. Permittee's traffic control plan is subject to CDOT approval prior to commencing work on highway ROW. A copy of the approved traffic control plan must be available on site during work. CLEAR ROADSIDE CONSIDERATIONS CDOT is committed to provide a roadside area that is as free as practical from nontraverseable hazards and fixed objects ("clear zone"). New above ground installations may be permitted within the clear zone only upon a showing that no feasible alternate locations exist. Permittee must utilize appropriate countermeasures to minimize hazards. Permittee shall remove materials and equipment from the highway ROW at the close of daily operations. The traffic control plan must include protective measures where materials and equipment may be stored on ROW. Protection of open trenches and other excavations within highway ROW shall be addressed in the Permittee's traffic control plan. Permittee agrees to promptly undertake mitigating or corrective actions acceptable to the Department upon notification by CDOT that the installation permitted herein has resulted in a hazardous situation for highway users. INSURANCE Permittee shall procure and maintain general public and auto liability and property damage insurance covering the operations under this permit, in the amounts specified in 24-10-114 CRS. Policies shall name the State of Colorado as additional insured party. Like coverage shall be furnished by or on behalf of any subcontractors. Certificates of insurance showing compliance with these provisions shall be attached to and made a part of this permit; copies must be available on site during work. WORK WHERE DEPARTMENT LACKS AUTHORITY Utility work within municipal boundaries (pursuant to 43-2-135 CRS), on certain public lands, or on private property, may require separate approval of the appropriate jurisdictional agency or property owner. INSTALLATIONS ON FREEWAYS CDOT may permit utility accommodations on freeways, including but not limited to the Interstate System, only in accordance with Utility Manual provisions. Special case exceptions as defined therein may be permitted only in accordance with FHWA-approved Departmental policy. JOINT USE ALTERNATIVES As directed or approved by CDOT, if necessary for the safe and efficient use of the ROW, Permittee shall utilize joint use facilities such as the placement of two or more separate lines in a common trench, or attachment to the same overhead support. The Permitte will be responsible for proper coordination with other affected utilities. ATTACHMENT TO HIGHWAY STRUCTURES Permittee is responsible for designing structure attachments, subject to the approval of the CDOT Staff Bridge Design Engineer. DRAINAGEWAYS AND WATERCOURSES The flow of water shall not ever be impaired or interrupted. Where possible, crossings of ditches, canals or water-carrying structures shall be bored or jacked beneath. Irrigation ditch or canal crossings require approval of the ditch company or owner. Permittee shall repair damage to any drainage facility to the satisfaction of the owner. GENERAL CONSTRUCTION REQUIREMENTS Work shall not be performed at night or on Saturdays, Sundays, or holidays without prior authorization or unless otherwise specified in this permit. CDOT may restrict work on ROW during adverse weather conditions or during periods of high traffic volume. Those areas within ROW which must be disturbed by permit operations shall be kept to a practical minimum. Permittee shall not spray, cut, or trim trees or other landscaping elements within highway ROW, unless such work is otherwise specified in this permit, or clearly indicated on the approved plans. Cleated or tracked equipment shall not work on or move over paved surfaces without mats. Material removed from any portion of the roadway prism must be replaced in like kind with equal or better compaction. Segregation of material is not permitted. The utility facility shall be of durable materials in conformity with accepted practice or industry standards, designed for long service life, and relatively free from routine servicing or maintenance. Construction or compaction by means ofjetting, puddling, or water flooding is prohibited within all highway ROW. Thrust blocks are required on all vertical and horizontal bends in pressure pipes. Meters shall not be placed on highway ROW except within corporate limits where municipal regulations allow such use. ALIGNMENT, COVER, CLEARANCE Location and alignment of Permittee's facilities shall be only as specified in this permit or as otherwise indicated in the approved plans or work sketch (EXHIBIT A). Parallel installations will not be permitted within roadways (including curbing and/or shoulders) or median areas, except within corporate boundaries, subject to municipal regulations. Parallel installations should be located as near as practicable to the ROW line. Crossings shall be as nearly perpendicular to the highway as feasible. Where no feasible alternate locations exist, parallel installations may be permitted along roadside: areas within 15 feet from edge of shoulder or back of curb. In these cases, the racility must be so located and safeguarded as to avoid potential conflict with necessary highway appurtenances (signs, guard rail, delineators, etc.). Parallel installations shall follow a uniform alignment, wherever practical. Due consideration must be given to conserving space available for future utility accommodations. The standard allowable deviation from the approved horizontal alignment is t 18 inches. Minimum cover shall conform to the Special Provisions. Normal specified cover will be 48 inches or greater; reduced cover may be approved where site conditions warrant, subject to other safeguards as may be specified or approved in the permit. Minimum overhead clearance shall conform to the Special Provisions, consistent with Utility Manual criteria. PAVEMENT CUTS AND REPAIRS Paved surfaces shall not be cut unless otherwise specified in this permit. No more than one half the width of the roadbed may be opened at a time, when otherwise permitted. Pavement shall be sawed or wheel-cut to a neat line. Pavement shall be replaced to a design equal to or greater than that of the surrounding undisturbed pavement structure. Pavement repair shall conform to the Special Provisions or the approved plans. BORING, JACKING, ENCASEMENT Unless otherwise specified, buried crossings shall be bored or jacked beneath the roadway, at least from toe of slope to toe of opposite slope. Portals for untrenched crossings more than 5 feet in depth shall be bulk headed. Minimum lateral dimension from portal to edge of pavement is 6 feet, but in any case shall not be less than the vertical drop from roadway surface to top of utility line. Water jetting or tunneling is not permitted. Water assisted boring may be permitted as determined by the CDOT Inspector. Boring shall not exceed 5 percent oversize. Resultant voids shall be grouted or otherwise backfilled, subject to CDOT approval. Ends of bored sections shall not be covered before being inspected. Encasement shall be consistent with Utility Manual provisions. CDOT may require protective casing for shallow installations or certain conduit materials. Encased crossings shall extend at least from toe of slope to toe of slope, or the full width between access-control lines on freeways, including the Interstate System. INSPECTION AND ACCEPTANCE CDOT will determine the extent of inspection services necessary for a given installation. Permittee shall attend final inspection as may be required. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve Permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. Final acceptance begins the two-year warranty period (see requirement under "Operation and Maintenance" below). RESTORATION OF RIGHT OF WAY Prior to final acceptance, all disturbed portions of highway right of way shall be cleaned up and restored to their original condition, subject to CDOT approval. Seeding, sodding, and planting shall be as specified, or otherwise approved by CDOT. Construction, maintenance, and watering requirements shall conform to the CDOT Standard Specifications. Where landscape restoration must be delayed due to seasonal requirements, such work may be authorized by separate permit. Permittee shall use only certified weed-free seed and mulch. Permittee shall clean equipment before transporting it into or out of the state to prevent the migration of noxious weeds. OPERATION AND MAINTENANCE Permittee agrees to own and maintain the installation permitted herein. The facility shall be kept in an adequate state of repair and maintained in such a manner as to cause the least interference with the normal operation and rt%ritenance of the highway. If any element of the transportation facility, constructed or replaced as a condition of this permit, fails within 2 years due to improper construction or materials, Permittee shall make all repairs immediately as notified in writing by CDOT. Routine, periodic maintenance and emergency repairs may be performed under' the general terms and conditions of this permit. CDOT shall be given proper advance notice whenever maintenance work will affect the movement or safety of traffic. In an emergency, the CDOT Region office and the State Patrol shall immediately be notified of possible traffic hazards. Emergency procedures shall be coordinated beforehand, where possible. Maintenance activities requiring new excavation or other disturbance within highway ROW may require separate permit. Where highway construction or maintenance operations so require, Permittee will shut off lines, remove all combustible materials from the highway right of way, or provide other temporary safeguards. Should any permitted facilities be abandoned, Permittee agrees to promptly notify the CDOT region office and to remove any or all portions of such facilities, as may be directed by CDOT. UNDERGROUND UTILITY LOCATION ASSISTANCE Permittee may be required to identify the installation with suitable markers, of a type and at locations as specified or otherwise approved. Permittee shall maintain markers for the life of the installation. Warning ribbon and/or detection wire may be required for buried facilities. "As Constructed" plans showing lines and grades will be furnished to CDOT by the Permittee as directed. Owners of underground facilities shall participate in a notification association pursuant to 9-1.5-105 CRS. ADJUSTMENTS DUE TO HIGHWAY CONSTRUCTION If for any transportation purpose it becomes necessary to remove, adjust, or relocate this facility, Permittee will do so promptly, at no cost to the CDOT except as provided by law, upon written notice from CDOT and in accordance with any permit issued to cover the necessary work. SUSPENSION AND CANCELLATION The CDOT inspector may suspend operation due to: 1) Non compliance with the provisions of this permit; 2) Adverse weather or traffic conditions; 3) Concurrent transportation construction or maintenance in conflict with permit work; or 4) Any condition deemed unsafe for workers or for the general public. Work may resume when grounds for suspension no longer exist. This permit is subject to cancellation due to: 1) Persistent noncompliance with permit provisions; 2) Abandonment or transfer of ownership; 3) Supersedure by new permit covering the same installation; or 4) Conflict with necessary planned transportation construction. Permittee must promptly terminate occupancy upon notice of cancellation of permit, unless a new permit is applied for and granted. Where Permittee does not fulfill an obligation to repair or maintain any portion of the highway facility, or control and safely maintain the flow of traffic thereon, CDOT reserves the right, in lieu of canceling this permit, to accomplish the required work by any other appropriate means, and Permittee shall be liable for the actual costs thereof. o O M = 0 *J x U Y 0 rn t ~ ¢ O m W J , U W F I- Q F z - WD U z O o Z Y U w a o HO w N LL. 3 a CL 0 W to LLI j4~ 0 O U U H Q. Q \ QZ U ZO Q m 0 V) v ~V) O W in LLJ i ¢ Q IX Of O Z W 3 ` 0 Of 3 3 Ll z z `'1 a of m :2 Z Fa- CO [L w 0 N v O O W N I a 1 Z I O G © ® 0 8 \ O r O to w `O U C3 U Z QQ Z Ln O U 4 to to z z 0 F Q U 0 J Y J 3 w O (n 3 W z F- Q C7 J W W N 0 Z FIw V, x W Q U O J w N cr O Z ~o zF - U ~ O I ~ N Z O J J to w ?VQ 10/23/2007 17:01 19702420530 IIN, O ISES PAGE 02/02 CC ENTERPRISES - TRAFFIC CONTROL SPECIALISTS, INC Contractor; LAYTON CONSTRUCTION MHT #13 Project: 4 SEASONS RESORT - SOUTH FRONTAGE ROAD Method of Handling Traffic: SHOULDER CLOSURE PREPARED BY, zga!2 E r3loxk /0/A1/07 ATSSA TCS NAME DATE PHONE; 970-242-0669 CERTIFICATION #DQ037043 ISSUE DATE; 1.1 /1112004 EXPIRATION DATE: JZ5 2008 - 350' 350' Op. WORK SITE umm WORK s4mkm ~o Wow NOTES: 1. CONTRACTOR WILL NEED SHOULDER CLOSED DURING WORKING HOURS ONLY 2. REFER TO MUTCD FIIGURE 6H-3 FOR TYPICAL SHOULDER CLOSURE SETUP. OWN~ ROUND 1 l BOUT l REVISED O c N w s SIGNS AND DEVICES; 2 - UTILITY WORK AHEAD 1 - SHOULDER WORK CONES 5TATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic & Safety OT Utility Permit Section WOM 222 South 6`h Street, Room 100 Grand Junction, Colorado 81501-_- (970)248-7230 LATE FALL, WINTER AND SPRING SPECIAL PROVISIONS FOR UTILITY INSTALLATIONS It's that time of year again when work within the Right of Way (ROW) becomes a special concern. Due to Northwest Colorado's unpredictable weather, work in the ROW can create several types of hazards for the traveling public, contractors, and their personnel. The condition of the highway can change quickly. Mud tracked onto the highway by equipment, or ice and snowpack are just a few of the conditions that make the roadway more hazardous for all concerned. The terrain within the ROW must be kept clear of hazards as well. Holes, trenches, equipment and materials can make the terrain "unrecoverable" for a driver should his/her vehicle leave the highway. Activities must be shut down when the roadway is other than dry. The use of frozen materials for backfilling will only lead to settlement. The contractor must make extra effort to compact the excavation. In the spring, any settlement of backfill shall be repaired. The re-vegetation shall take place yet this fall or early next spring. STATE OF COLORADO DEPARTMENT OF TRANSPORTATION Region 3 Traffic and Safety Utility Permit Section 222 South 6`h Street, Room 100 Grand Junction, Colorado 81501 (970) 683-6288 FAX: (970) 683-6290 13,765 Permit No 070A Frontage Rd. Highway No 175.94-176.02mm Mile Marker 2MARY4 Patrol No THE SPECIAL PROVSIONS ARE TERMS AND CONDTIONS OF THIS PERMIT CDOT IS NOT A UNCC MEMBER AND UNCC WILL NOT LOCATE CDOT FACILITIES. PERMITTED WORK REQUIRES PERMITTEE OR CONTRACTORS TO CONTACT CDOT (970) 248-7230, FOR LOCATES IF ANY CDOT SIGNALS, FLASHING BEACONS, ELECTICAL SIGNS, LUMINARIES, AND WEATHER STATIONS ARE LOCATED WITHIN 3000 FEET OF CONSTRUCTION AREA TRAFFIC CONTROL The complete permit for this work, including approved Colorado Department of Transportation (to be know as CDOT or the Department)permit, construction and traffic control plans, will be kept at the work site at all times. The permittee is responsible for providing traffic control plans that conforms to and meets the requirements of the Manual on Uniform Traffic Control Devices (MUTCD) and the Colorado supplements. 7. All flagging personnel must be certified and have their certification cards available for inspection at any time. 8. Lane closures must be as short as possible and as per the MUTCD. Flaggers are required for each lane closure. Advance warning signs must be placed as per MUTCD. All temporary traffic control signs shall be removed, covered or laid on the ground during non-working hours. 2. To meet conditions encountered in the field, minor changes or additions may be ordered and approved by the CDOT Field Inspector. 3. All CDOT employees shall be considered as inspectors when the safety of the traveling public, safety of contractors, employees, or integrity of the property of CDOT is at risk. 4. All work shall cease when weather creates a safety hazard for the traveling public and/or barrow ditch is wet enough to leave tire or cleat marks. 5. Advanced warning and construction signs, flashers, barricades and flag people must conform to the Manual on Uniform Traffic Control Devices and, Colorado Supplements, and must be in place before work starts each day. 6. Any advance warning signs not in use for a particular activity shall be removed, placed outside of the clear zone, or laid flat at least 4' from the edge of the shoulder and not on landscaped areas or sidewalks. This applies to both signs and structures. 9. Two- way traffic shall be maintained at all times in the construction area in accordance with the M.U.T.C.D. and Colorado Supplements. WORKER SAFETY AND HEALTH 10. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations- including, but not limited to the applicable sections of 29 CFR Part 1910- Occupation Safety and Healthy Standards and 29 CFR Part 1926- Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being preformed, and as specified in regulation. At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: • Head protection, that complies with the ANSI Z89.11997 standard; CDOT Utility Specs-Revised 1/04 Pagel At all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 20 29 CFR 1910.136, 1926.95, and 1926.96. If required, such footwear shall meet the requirements of ANSIZ41-1999; • High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107-1999, Class 2). Where any of the above-reference ANSI standards have been revised, the most recent version of the standard shall apply. CONSTRUCTION 11. The permittee must notify the CDOT inspector no less than two (2) days prior to any work on highway right-of-way. CDOT Inspector's name or alternate contact and phone number is on the permit. 12. No work shall proceed beyond the expiration date specified on the permit without written approval of the Department or the approval of the Town of Vail. 13. No work shall be permitted at night or on Saturday, Sunday, or holidays without prior authorization or unless otherwise specified in this permit. CDOT observed holidays remaining: Thursday, November 22, 2007 (Thanksgiving Day), Tuesday, December 25, 2007 (Christmas). 14. On three (3) day weekend holidays, the project shall be shut down by 12:00 Noon on Friday, and not resume prior to the following Tuesday morning. 15. Work hours for this permit are from one hour after sunrise to one hour before sunset. 16. Permittee is responsible for the safety of the traveling public at all times when work is being done. 17. Forty-eight (48) hour notification must be given for the underground location of CDOT owned facilities. Phone (970) 248-7230. for guidance. Permittee assumes all responsibility for any and all land survey monuments within the permitted area of the right-of-way. If disturbed or destroyed, the permittee bears full cost for replacement. Construction may need to be re-routed to avoid disturbing High Accuracy Reference Network Survey Land Markers Direct any questions within five (5) days prior to construction to: Region Survey Coordinator, 222 South 61h St., Room 317, Grand Junction, CO 81501 at 970-248-7232. 21. If petroleum or other potentially hazardous material is encountered during excavation, work shall cease immediately. The proper disposal of any soils or other material determined to be hazardous and/or contaminated by fugitive petroleum uncovered or excavated during the performance of utility construction shall be the sole responsibility of the Utility and shall be accomplished in accordance with all applicable Federal, State and Local laws and regulations. Such clean up and disposal shall be at no cost to CDOT. 22. All construction vehicles, delivery vehicles and traffic control vehicles shall be equipped with flashing amber/yellow beacons, which are visible from all directions. Only construction vehicles involved in the construction are to be at the work site. It is important to limit the number of extraneous vehicles at each work site. Staging areas shall be pre-approved. 23. Staging and material storage areas, within the right of way must be pre-approved and beyond the clear zone. Employee parking within the right of way shall be restricted and not shall not be allowed, except in pre-approved contractor staging areas and beyond the clear zone. The only vehicles allowed within the highway clear zone are the construction vehicles necessary for the operation, such as the Inspector, Superintendent, Mechanic and Supervisor. Parking along the shoulder of the highway is not allowed. Contractor utilizing private property for material storage and staging areas shall furnish CDOT with documentation that permission has been obtained from the property owner. 24. Minimum cover depth for this installation will be 48 inches or 60 inches if within 15 feet of roadway. 18. Any damage to highway facilities, such as traffic lights, 25. All utilities located at inlets or outlets of all major or minor streetlights, concrete walkways, bike paths, asphalt, signing, structures and roadway drainage and irrigation ditches shall etc, shall be repaired and reported immediately and be encased or placed at a cover depth of forty-eight (48) notification must be given to the CDOT Inspector or contact inches or 60 inches if within 15 feet of roadway below the CSP Dispatch - 970-824-6501 Craig & 970-249-4392 finished ditch grade. Montrose. 26. Parallel installations should be located as near as 19. Should any excavation encounter plant or animal fossils, the practicable to the right-of--way line. remains of historic or prehistoric structures, historic or prehistoric artifacts (bottle dumps, charcoal from subsurface 27 All above ground structures, (poles, pedestals, anchors, hearths, pottery, potsherds, stone tools, arrowheads, etc.), guys, etc.) will be placed outside of, or within five (5) feet the operation shall cease at once and the permittee shall of the right of-way line. contact the CDOT Environmental Office (970) 248-7223 CDOT Utility SpecS-Revised 1/04 Paget 28. No highway, roadway, or bike path (asphalt) or (concrete) will be cut unless specified on the permit. 29. All backfill is subject to AASHTO standard compaction T-99 or T-180 as appropriate. Compaction and materials testing may be required at the discretion of the Department of Transportation. 30. Material removed from any portion of the roadway must be replaced in like kind with equal or better compaction. No segregation of materials will be permitted. 31. All pavement markings removed or damaged during the utility installation will be replaced. 32. No open pits or trenches are allowed within thirty (30) feet of any traveled lane at night, weekends or holidays, unless protected by type four (4) barriers, as required by M.U.T.C.D. and Colorado Supplements. 33. Areas of roadway and right-of-way disturbed during this installation will be restored to the original contour and condition by grading to drain, top soiled, fertilized, mulched and reseeded with approved material at specified proportions. Mulch, fertilizer and seed shall be "certified weed free". Refer to Section 212 & 213 of the "Colorado Department of Transportation Standard Specifications for Road and Bridge Construction". Copies of weed free certification may be required by CDOT Region 3 permit section. 34. Permittee shall develop and implement a two-year noxious weed control plan for areas within the Highway right-of- way disturbed by this instal Iation/construction. 35. No equipment or materials will be allowed on the main lanes or the roadway during construction. 36. A tracer wire shall be provided for underground location of the utility. 37. A warning ribbon shall be installed one (1) foot above the installation. 38. All work and materials to meet or exceed the most current issue of the "Colorado Department of Transportation Standard Specifications for Road and Bridge Construction" & "Colorado Department of Transportation Standard Plans- M & S Standards". 39. Unacceptable work shall be promptly removed and replaced in an acceptable manner. Final acceptance does not relieve permittee of maintenance obligations toward those elements of the highway facility constructed under this permit. 40. If proposed utility is not placed in area applied for, the utility permit is void, and the utility is deemed illegal. 41. All procedures and work are subject to CDOT approval. 42. All work to be as per permit and submitted plans. MISCELLANEOUS 43. The permittee hereby assumes, releases and agrees to indemnify, defend, protect and save the State of Colorado harmless from and against any loss of and/or damage to the property of the State of Colorado, third parties or the permittee's facilities including loss of services, loss and/or damage on account of injury to or death of any person, whosoever, arising at any time, caused by or growing out of the occupation of Colorado State Transportation rights-of-way the permittee's facilities or any part thereof, unless such loss and/or damage is the direct result of any willful and wanton act of the State of Colorado or its employees. 44. Permittee is prohibited from any illicit or non-stormwater discharges that are prohibited by State Water Quality laws. If further information is necessary, CDOT shall provide a copy of the Environmental Clearances Summary. Permittee agrees that it shall be responsible for obtaining all necessary environmental clearances and permits from all agencies (U.S. Army Corps of Engineers, Colorado Divisions of Wildlife, U.S. Forrest Service, U.S. Bureau of Land Management, Colorado Department of Health & Environment, county health department, etc.) before commencing any work under this permit. Without these clearances & permits, this permit shall be not in effect. Permittee also agrees to assume all responsibility and liability in connection with potential environmental hazards encountered in connection with its work under this permit. The permittee must show all environmental permits and clearances to CDOT (Utility Inspector or Environmental Officer) on request and prior to construction. 45. In the event any changes are made to this highway for any transportation purpose in the future that necessitate removal, adjustment, or relocation of this installation, permittee will do so promptly at no cost to CDOT except as provided by law, upon written notice from CDOT. 46. If any element of the highway facility, constructed or replaced as a condition of this permit fails within two years due to improper construction, installation or materials, permittee will be responsible for making all repairs immediately as notified. 47. The CDOT inspector may suspend operations due to 1) persistent non-compliance with permit provisions, 2) abandonment or transfer of ownership, 3) superceded by a new permit covering the same installation or, 4) conflict with planned highway construction. Permittee must promptly terminate occupancy upon notice of cancellation of permit unless a new permit is applied for and granted. 48. The CDOT inspector may suspend operations due to (1) non-compliance with the provisions of this permit, (2) adverse weather or traffic conditions, (3) concurrent CDOT Utility Specs-Revised 1/04 Page3 highway construction or maintenance in conflict with the permitted work, or (4) any condition deemed unsafe for the workers or for the general public. Work may resume upon disposal of grounds for suspension. 49. Should any permitted facilities be abandon, permittee agrees to notify the CDOT Region office and remove any or all portions of such utilities, as may be designated by CDOT. 50. In the event of extreme fire danger and/or fire bans in Colorado Counties, permittee shall develop a fire plan. Plan shall include fire protection/prevention equipment at the work site & the accountability of personnel. 51. By law, the State of Colorado requires a "Certificate of Insurance", with the State of Colorado named as additional insured prior to commencing any work on State Highway Right-of-Way. Please facilitate CDOT's receipt of this certificate. (Insurance requirements are shown on Page 2 of the Utility / Special Use Permit Application.) As your various policies expire or are revised, updated information will be required. 52. The expiration date of this permit is noted on the permit. Any request to extend the time frame of this permit shall be made in writing. Submittal of an additional permit application may be required. CDOT Utility Specs-Revised 1/04 Page4 b y y O z O O y b n 0 a b ~h ao ° 3 p- o ID ~ O Tl o C I-DD n r o t3 3 c < w `C p fl d Cr CD 70 a° Cc a o < T7 w a D Q. CAD CD rn F i a 0, CD qQ CD v CD 0 CAD CD w CD O G CD < n' = vo p v CD a (D CD CD Z CD CD Cy Co o o" w o a o° (D CD CD ;r, CD CD P7' g a cc ~i o d cro o z d~ ° a 3 o O w 0 (D CD < CD x CD cl ' gyp . r) o (DD a z CD CD = " CD CD a OQ CD w Q uq ° (D 0- w Z) CD 0 :3 CD w a F n a ° co co awn a. n (Z'a ~ CAD CD o ~ w o o CD C Q. X = k 0 o CD - w ti ° w C vw ° w < n t] CD CD CD a. ('D w m SID a "0 0 ¢ 0 0 trJ (-D C~ CD ~ G c CD CD 5 C CD w is r1 m CD CD C~ cro ° Q CD C ° * co 0 a m CD CD o CD b '0 CD w o w o o CD ~ C-D CD w < 0 CD CD co b M.- W CD 0 n zs CD w CD n < O o o CAD O. CD CD S CD a G. 0 y CD CD CD CD M C, CD V, CD 0 CD ~1,!Jl n o = = =r -ri O 5 .rs w o w w v CD CD CD - 5 ` 1 0 ° !D ~r a w CD D aCD 0 0 CD , CD ° o .n o ~ ~ ~ ~ o w o 0 0 o c ao a. -d N 0 0 CD CD 0 w w CD d CCD v n CD o CD CD Q. w o' c w is O 0 ° N w CD o w C o 0 a CD n" ~ W o ID m w N CD O co 0 o. o CD CD < CD (D CD CD CD Co. zs < `CD 0 o w ° w co w n o a. CCDD a o CD O CD ' v o o 0 , o CL 0 w 0 CD CD 0 . CAD ° CD w 0 w 0 < =3 CD =r -0 CD 0 00 w w 3 "Cl o o y w .73 o < CD CD l w C 0 w w ~ ~ z •v y r r n ~ O r z ~ a ra- z d C a n ro z n z -o n O z 'b N Cry Y Z~C~ zxWzy ~~-3yCrJ Q c) 'TJ m o~z~o d YO~Od dOY;dQ O ~ ~ y m CA 0 "C y o Q z Layton'.~ LETTER OF TRANSMITTAL Layton Construction Co., Inc., 9090 South Sandy Parkway, Sandy, Utah 84070 (801) 568-9090 * Fax (801) 569-5450 TO: Public Works Department Town of Vail DATE: 13-Apr-07 JOB NO: 6030 ATTN: Leanard Sandoval RE: Four Seasons WE ARE SENDING YOU VIA: ❑ Pick Up F-] Mail Fx Delivery THE FOLLOWING ITEMS: COPIES I DESCRIPTION 2 Copies of Laboratory results for water discharge. 2 Copies of discharge water results. THESE ARE TRANSMITTED AS CHECKED BELOW: Ix For Your Use ❑ For Review and Comment ❑ As Requested ❑ For Approval ❑ Approved as Submitted ❑ Returned for Corrections See Remarks Approved as Noted Rejected Please call if more information is needed or if you have any question. Mark Reed 970-401-1777 J APR 13 2007 J COPY TO: Project Files SIGNED: Mark Reed, Project Superintendent 970-401-1777 rage iori Mike Ellis From: Chris Woods [woods35@atcassociates.com] Sent: Tuesday, April 10, 2007 7:02 AM To: Doug Hipskind Cc: Mike Ellis; David Offermann Subject: Preliminary Laboratory Results for 4/3/2007 Discharge Attachments: Prelim disc lab 07040135.pdf Gentlemen: Attached are the preliminary results for the discharge sample collected 4/3/2007 at the Vail site. The samples were collected from the culvert (Dis-C) as it discharged into a small stream and at the point of entry into Gore Creek (Dic-GC). The results indicate non-detect (ND) for all parameters tested, including 1,1,2,2 Tetrachloroethane (less than 0.53 ugl). Please call or email with any questions. Sincerely, Christopher A Woods Senior Project Manager ATC Associates Inc 8985 E. Nichols Ave., Suite 350 Centennial, CO 80112 Phone (303) 799-6100 Fax (303) 799-3441 Mobile (303) 570-2035 woods35 (&-atc-en viro. ccom C C A f i O C l A T f 6 i M C. EngMooring lndMdw l S.JufPans 4/10/2007 A i xr;eloof' HOUSTON LABORATORY 8880 INTERCHANGE DRIVE HOUSTON, TX 77054 (713) 660-0901 Client Sample ID DISC Collected: 04/03/2007 13:50 SPL Sample ID: 07040135-01 Site: Vail, Colorado Analyses/Method Result QUAL MDL Rep.Limlt DII. Factor Date Analyzed Analyst Seq. Diesel Range Organics, C11- C28 ND 0.041 1 1 04/04/0717:49 CU 3760708 Surr: n-Pentacosane 82.0 0 % 21-130 1 04/04107 17:49 CU 3760708 D'Anna Stelly Project Manager Qualifiers: ND/U - Not Detected at the Method Detection Limit >MCL - Result Over Maximum Contamination Limit(MCL) J - Estimated Value between MDL and PQL D - Surrogate Recovery Unreportable due to Dilution MI - Matrix Interferenoe ' - Surrogate Recovery Outside Advisable QC Limits TNTC - Too numerous to count E - Concentrations exceeding Calibration range of Instrument 07040135 Page 2 B - Analyte detected In the associated Method Blank above Rep.Limit 41W20 732525 PM NW, z00 2 HOUSTON LABORATORY 8880 INTERCHANGE DRIVE HOUSTON, TX 77054 (713) 660-0901 Client Sample ID DIS-C Collected: 04/03/200713:50 SPL Sample ID: 07040135-01 Site: Vail, Colorado Analyses/Method Result QUAL MDL Rep.Limit Dil. Factor Date Analyzed Analyst Seq. # VOLATILE ORGANICS BY METHOD 8260B MCL SW8260B Units: ug/L 1,1,2,2-Tetrachloroethane ND 0.53 5 1 04/06/07 17:02 D_R 3763579 Benzene ND 0.17 5 1 04/06/07 17:02 D_R 3763579 Ethylbenzene ND 0.31 5 1 04/06/0717:02 D_R 3763579 Gasoline Range Organics ND 5.7 50 1 04/06/07 17:02 D_R 3763579 Methyl tert-butyl ether ND 0.85 5 1 04/06/07 17:02 D_R 3763579 Toluene ND 0.28 5 1 04/06/0717:02 D_R 3763579 m,p-Xylene ND 0.47 5 1 04/06/0717:02 D_R 3763579 o-Xylene ND 0.18 5 1 04/06/0717:02 D_R 3763579 Xylenes,Total ND 0.18 5 1 04/06/0717:02 D_R 3763579 Surr:1,2-Dichloroethane-d4 96.7 0 % 71-140 1 04/06/0717:02 D_R 3763579 Surr:4-Bromofluorobenzene 98.4 0 % 70-130 1 04/06/0717:02 D_R 3763579 Surr: Toluene-d8 94.2 0 % 61-121 1 04/06/07 17:02 D -R 3763579 D'Anna Stelly Project Manager Qualifiers: ND/U - Not Detected at the Method Detection Limit J - Estimated Value between MDL and PQL >MCL - Result Over Maximum Contamination Limit(MCL) D - Surrogate Recovery Unreportable due to Dilution MI - Matrix Interference " - Surrogate Recovery Outside Advisable QC Limits TNTC - Too numerous to count E - Concentrations exceeding Calibration range of Instrument 07040135 Page 3 B - Analyte detected in the associated Method Blank above Rep.Limit 49¢0o732525PM w the HOUSTON LABORATORY 8880 INTERCHANGE DRIVE HOUSTON, TX 77054 (713) 660-0901 Client Sample ID DIS-GC Collected: 04/03/2007 14:10 SPL Sample ID: 07040135-02 Site: Vail, Colorado Analyses/Method Result QUAL MDL Rep.Limlt Dil. Factor Date Analyzed Analyst Seq. s DIESEL RANGE ORGANICS MCL CO_DRO Units: mg/L Diesel Range Organics, C11- C28 NO 0.041 1 1 04/04/07 18:12 Cu 3760709 Surr: n-Pentacosane 74.8 0 % 21-130 1 04104/07 18:12 Cu 3760709 1Pre Method Pre Date Pre Initials Pre Factor SW3510C 104/04/2007 12:15 N M 1.00 D'Anna Steffy Project Manager Qualifiers: ND/U - Not Detected at the Method Detection Limit >MCL - Result Over Maximum Contamination Limit(MCL) J - Estimated Value between MDL and PQL D - Surrogate Recovery Unreportable due to Dilution MI - Matrix Interference - Surrogate Recovery Outside Advisable QC Limits TNTC - Too numerous to count E - Concentrations exceeding Calibration range of Instrument 07040135 Page 4 B - Analyte detected in the associated Method Blank above Rep.Limit 49200732.526 PM HOUSTON LABORATORY 8880 INTERCHANGE DRIVE zm~ HOUSTON, TX 77054 (713) 660-0901 Client Sample ID DIS-GC Collected: 04/03/2007 14:10 SPL Sample ID: 07040135-02 Site: Vail, Colorado Analyses/Method Result QUAL MDL Rep.Limit DII. Factor Date Analyzed Analyst Seq. VOLATILE ORGANICS BY METHOD 8260B MCL SW8260B Units: ug/L 1,1,2,2-Tetrachloroethane ND 0.53 5 1 04/06/0717:24 D_R 3763580 Benzene NO 0.17 5 1 04/06/0717:24 D_R 3763580 Ethylbenzene ND 0.31 5 1 04/06/0717:24 D_R 3763580 Gasoline Range Organics ND 5.7 50 1 04/06/07 17:24 D_R 3763580 Methyl tert-butyl ether ND 0.85 5 1 04/06/07 17:24 D_R 3763580 Toluene ND 0.28 5 1 04/06/0717:24 D_R 3763580 m,p-Xylene ND 0.47 5 1 04/06/0717:24 D_R 3763580 o-Xylene ND 0.18 5 1 04/06/0717:24 D_R 3763580 Xylenes,Total ND 0.18 5 1 04/06/0717:24 D_R 3763580 Surr:1,2-Dichloroethane-d4 95.2 0 % 71-140 1 04/06/0717:24 D_R 3763580 Surr:4-Bromofluorobenzene 102 0 % 70-130 1 04/06/0717:24 D_R 3763580 Surr: Toluene-d8 98.9 0 % 61-121 1 04/06/07 17:24 D -R 3763580 D'Anna Stelly Project Manager Qualifiers: ND/U - Not Detected at the Method Detection Limit J - Estimated Value between MDL and PQL >MCL - Result Over Maximum Contamination Limit(MCL) D - Surrogate Recovery Unreportable due to Dilution MI - Matrix Interference - Surrogate Recovery Outside Advisable QC Limits TNTC - Too numerous to count E - Concentrations exceeding Calibration range of Instrument 07040135 Page 5 B - Analyte detected in the associated Method Blank above Rep.Limit 4W"7 32526 PM z z II Z O m d C 01 FD N m d N 0 C O O m N m 3 D N O D O m 0 m d m n n ~D 1D d~ n n N >>aann< >>0. m m~~ DYw m cD~ 3. NNO. QO DD va O O 0 O N N O O D D O O O A A W - d p _ N N f1 0 0 0 0 0V O 0 0A A p O: I N N V V V V 0 O V V O O V O O V V O O NaD N'ON _ _ _ _ u O U O O O U O U 0 0 0 0 1 3 D K m ~ c c c z Z m m m m Z Z Z 2 Z Z Z n n n 0 LE C C E 0 0 0 C C C C mmmmm3 3 3 3 3 3 3 mmmmmmzz _ anaanannn0.a;~ 0 0 0 0 0 0 0 0 0 0 0 A N Z Z Z Z Z Z Z Z Z Z Z Z Z C C N A Z Z Z Z Z Z Z Z Z Z Z Z Z N N C C Z Z Z Z Z Z Z Z Z Z Z Z Z N 01 C Z Z Z Z Z Z Z Z Z Z Z Z Z N V Z Z Z Z Z Z Z Z Z Z Z Z Z C C N Ol ZZZZZZZZZZZZZ m f zzzzzzzzzzzzz m o n 3 o zzzzzzzzzzzzz - w el ,z Z Z Z Z Z Z Z Z Z Z Z Z Z N 9 3 3 3~~~~ 3~ 3~ x 3 - w N - O zzzzzzzzzzzzz m W W C C Z Z Z Z Z Z Z Z Z Z Z Z Z w A z Z Z z Z Z Z z z Z z Z z w N C C Z Z Z Z Z Z Z Z Z Z Z Z Z m C m O N 0 z z z z z z z Z Z z z Z s - r ZZZZZZZZZZZZZ O a r N v C~ 7 3 O 3 w O 7 -i A 3 lD fD -Leonard Sandoval Development Project Coordinator Town of Vail 75 South Frontage Road Vail, Colorado 81657 RE: Phase I Staging Plan Dear Leonard: Layton CONSTRUCTING WITH INTEGRITY March 22, 2007 After your review of our proposed Phase I Staging Plan, your exceptions have been noted and are hereby agreed to. The second entrance point at the Northwest corner of our site is hereby amended to become part of the Phase II Staging Plan. Phase II will not commence until the second entrance has been approved by CDOT. Secondly, we hereby commit to identify the strength of the culverts at Spraddle Creek prior to installing construction trailers above them. This will ensure that no damage will be incurred by the culvert. It seems that the engineer who developed the staging plan also incorporated a covered walkway into the plan. This covered walkway will not be required or installed unless required by the Town of Vail. Thank you for your prompt attention in these matters. Sincerely, G - Michael A. olligan Sr. Project Manager Layton Construction Inc. uwi .;Ki Layton Construction Company, Inc. 9090 South Sandy Parkway Sandy, Utah 84070 801.568.9090 Fax 569.5450 http://www.layton-const.com 0 S (MkTc A S S O C I A T E S I N C. March 21, 2007 Mr. Douglas G. Hipskind Vail Development, LLC 50 South Sixth Street, Suite 1480 Minneapolis, MN 55402 RE: Proposal for Groundwater Monitoring 13 Vail Road and 28 South Frontage Road Vail, Colorado ATC Proposal Number: 35-07-0051-E Dear Mr. Hipskind: 8985 East Nichols Avenue, Suite 350 Centennial, Colorado 80112 www.atcassociates.com Phone 303.799.6100 Fax 303.799.3441 ATC Associates Inc. (ATC) is pleased to respond to your request for a proposal to perform groundwater monitoring services during the dewatering of the construction site at the above-referenced property. ATC understands that Layton Construction Company, Inc. will be performing the dewatering and excavation work at the site and that dewatering at the site is required for approximately nine months. ATC will oversee groundwater monitoring through the dewatering process to ensure regulatory compliance with applicable regulations. This proposal will include a brief summary of scope-of-work issues, followed by a fee proposal estimate. Scope of Work The purpose of groundwater monitoring is to monitor dewatering activities at the construction site. ATC project monitoring services will generally consist of maintaining communication with a client representative and the onsite contractor; assessing discharge water quality and dewatering progress; work to maintain compliance with the federal, state, and local discharge regulations as well as maintain the project schedule. Specific project activities are described below in detail. ATC anticipates a total of 13 sampling events throughout the course of the dewatering process. Initial sampling will be conducted at the outset of site dewatering and re-implemented weekly for the first month of discharge. Additional sampling will be conducted on a monthly basis until the conclusion of the dewatering process at the site. Other unanticipated sampling events may occur if onsite conditions warrant an increase in sampling frequency due to changing site conditions or if elevated concentrations of regulated hydrocarbon compounds are identified in the discharge. ATC will collect groundwater discharge samples to determine hydrocarbon concentrations at the initiation of and throughout the dewatering process. The samples will be analyzed by SPL, Inc. laboratories for Benzene, Toluene, Ethylbenzene, and Total Xylenes (BTEX) and Methyl tert-Butyl. Ether (MTBE) by EPA Method 8260 and Gasoline Range Organics (GRO) and Diesel Range Organics (DRO) by EPA Method 8015. • ATC will visually inspect the discharge at each sampling event for evidence of hydrocarbon impact (sheen and/or visible free product) and monitor for odor and/or vapor with a Photo-Ionization Detector (PID). It Vail Development, LLC March 21, 2007 Groundwater Monitoring Proposal • ATC will provide on-site monitoring and groundwater sampling on a regular basis to establish and confirm discharge compliance. ATC will record field activities and observations and provide a summary of field data in a summary report. ATC will respond to changes in site conditions if notified by appropriate onsite representatives by scheduling mid-term sampling activities. Field observations of such events by Vail Development, LLC or Layton Construction Company representatives shall be forwarded to ATC representatives for consultation and evaluation. If site conditions change significantly that warrant mid-term sampling, ATC will conduct additional sampling activities at the same rate as described for regularly scheduled sampling and analyses. Mid-term sampling activities will be conducted only upon authorization by Vail Development, LLC representatives. The cost for additional sampling activities is not included in this estimate. • ATC will prepare a summary report which will include: a brief description of the dewatering activity; historic groundwater discharge sampling results over the course of the dewatering activities; any corrective action required at the site; and recommendations. Two copies of the final report will be provided within 30 days after receipt of the final laboratory data sheets. Fee Proposal for Groundwater Monitoring SERVICE UNITS RATE FEE Project Geologist/Scientist 104 Hours (8 hours/event) $75.00/hour $7,800.00 Project Management 13 Hours (1 hour/event) $115.00/hour $1,495.00 Project Adminstration 13 Hours (1 hour/event) $35.00/hour $455.00 Vehicle 13 events $85.00/event $1,105.00 Mileage 3,000 total miles (230 miles/event) $0.48.5/mile $1,455.00 Laboratory 13 - submittals (standard TAT) $180.00/event $2,340.00 Groundwater Monitoring Subtotal $14,650.00 This estimated total is based on the time and materials costs itemized above. If there are any additional charges necessary Vail Development, LLC will be immediately informed. No additional work will be performed without Vail Development, LLC prior approval. Authorization In order for ATC to proceed, please complete and sign the attached Proposal Acceptance Agreement included below indicating proper billing instructions and return the signed authorization copy to us. Please review the attached Terms and Conditions that are considered an integral part of this proposal. ATC Associates Inc. Page 2 Vail Development, LLC Groundwater Monitoring Schedule March 21, 2007 Site dewatering activities are tentatively scheduled to begin in the fourth week of March, 2007. ATC will coordinate appropriate field activities with onsite representatives to collect initial groundwater discharge samples for the site. Groundwater samples will be collected weekly for the first month of dewatering and then monthly thereafter, with the final sampling event occurring near the end of December, 2007. The project will be coordinated and managed out of ATC's office in Centennial, Colorado. We will coordinate field activities, prepare data summaries, and perform quality control review on laboratory analyses for the samples collected at the site. ATC will provide verbal updates upon receipt of final laboratory data, periodic written data summaries of field observations and sample results, and a final written report summarizing observations and results at the conclusion of the dewatering activities at the site. ATC is pleased to have this opportunity to work with Vail Development, LLC on this project. If you have any questions regarding this proposal, please contact me at (303) 799-6100. Sincerely, ATC Associates Inc. Christopher A Woods Senior Project Manager Attachments: Terms and Conditions Proposal Acceptance and Agreement ATC Associates Inc. Page 3 David Offermann Branch Manager MAR/19/2007/MON 09:30 AM 4 March 14, 2007. Douglas G. Mpsldnd Chief Operating Officer Vail Development, LLC 50 South, Sixth Street Suite 1480 Minneapolis, MN 55402 P. 002 Layton COIVSTRUCTINCI WITH INTEGRITY RE: Budget to restore site to original condition after mass excavation is complete and if the project is cancelled Dear Doug: We are writing to make you aware of the budget to restore our site to its original condition after the mass excavation is complete. The costs are as follows: • Import and placing of 13 1,000 cy of useable fill material ($18 per ey): $2,358,000 • Grading: $ 99,493 • Re-vegetate site (30,525sf x $0.15): ,~79 Total Cost: $2,462,072 You will find the backup that supports these costs attached to this document, Please contact us with any questions that you might have. Thank you. Sincerely, Michael A. 4. F n Sr. Project Manager Layton Constructions Cc: File Mark Sheanshang David Brooks TJ Brink 0 Layton Construction Company, Inc. 9090 South Sandy Parkway Sandy, Utah 84070 801.568.9090 Fax 569.5450 httpJ/www.laylon-const.com MAR/19/2007/MON 09-30 AM Ii Fax P. 001 avib :L. --Pm-VGW t Dabn 3 / No. of Pages 017, ✓A From: Palo ao-g 9 70 79'"02 6 e. FaSC 970-479-5916 Phone, Phone: Re; ttna Argent 0 For Revlew ❑ Please Comme"t ❑Please Reply ❑ Please Recycle 03/09/2007 18:03 FAX 3038237801 SEMPER_DEVELOPMENT_CO Z 002/024 PROPERTY MGMT.NO. NO: PROJECT FAP-25-A(1) LOCATION: South Side of US G. West of Vail Road, Vail, Colorado LEASE AGREEMENT (Vacant Land) THIS LEASE AGREEMENT made and entered Into this _ 'Z" day of Ata,-.41 2-00 by and between the State of Colorado acting by and through the Colorado Department of Transportation, CDOT, hereinafter referred to as "Lessor", and Vail Development, LLC and its successors hereinafter referred to as "Lessee". WITNESSETH: NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties hereto agree as follows: 1. PREMISES, Lessor hereby leases and demises unto Lessee the premises. hereinafter referred to as "Premises" located at along the south side of the 1-70 South Frontage Road and west of Vail Road In Vail, Colorado. The Premises, known and described as Parcel L-101, Project FAR-25-Af11Includes approximately 16.990 square feet of land area; the leased Premises being as shown on the plat attached hereto, made a part hereof and marked "Exhibit A. 2, TERM The term of this lease shall begin at 12 noon on March 5, 2007 and end at 12 noon on March 5, 2008, subject to the cancellation and termination provisions herein. 3. RENT, Payments shall be made shall pay $ 1,200.00 as rent which shall be due upon to he Colorado Department of Transportation na : of the lease. Colo. Dept, of Transportation C/o Accounting Receipts & Deposits 4201 East Arkansas Ave., Rm. 212 Denver, CO 80222 or et such place as Lessor from time to time designates by notice as provided herein. In the event Lessor has not received the rental installment hereunder on or before the tenth (10) day of the month when due, a late charge of five percent (5%) of the total Installment will be assessed to the Lessee for that month and each succeeding month the payment is not received on or before the 10th day of that month. In the event the Lessee for a rental installment tenders a check, and it is returned to Lessor for insufficient funds, Lessee agrees to pay administrative charges to Lessor of Twenty Dollars Agreement. the late payment does not Lessee agree n default of thas Lease the Lessor waive Lessor's right to declare Lessee 4. USE. It is understood and agreed that the that the Lessee intends to use the Premises only for installation of 12 "de-watering" wells and 643 "soil nails". The Premises may not be used for any other purpose wlthout the specific written prior permission of the Lessor. Any other use of the Premises shall constitute material breach of this Lease and may cause this lease to terminate immediately at the Lessor's option. Rev.3/06 Page 1 of 8 03/09/2007 18:04 FAX 3038257801 SEMPER_DEVELOP14ENT_CO [6003/024 5, TAXES, UTILITIE=S, MAINTENANCE AND OTHER EXPENSES. It is understood and agreed that this Lease shall be an absolute Net Lease with respect to Lessor, and that all taxes, assessments, insurance, utilities and other operating costs and the cost of all maintenance, repairs, and improvements, and all other direct costs, charges and expenses of any kind whatsoever respecting the Premises shall be bome by Lessee and not by the Lessor so that the rental return to Lessor shall not be reduced, offset or diminished directly or indirectly by any cost or charge. Lessee shall maintain the Promises in good repair and in tenable condition free of trash and debris during the term of this lease, Lessor shall have the right to enter the Premises at any time for the purpose of making necessary inspections. 6. HOLD HARMLESS. The Lessee shall save, indemnify and hold harmless the Lessor and FHWA for any liability for damage or loss to persons or property resulting from Lessee's occupancy or use of the Premises. 7. OWNERSHIP, The State of Colorado is the owner or the Premises. Lessor warrants and represents himself to be the authorized agent of the State of Colorado for the purposes of granting this Lease. 8, LEASE ASSIGNMENT. Lessee shall not assign this Lease and shall not sublet the demised Premises without specific written permission of the Lessor and will not permit the use of said Premises to anyone, other than Lessee, its agents or employees, without the prior written consent of Lessor. 9. APPLICABLE LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Lease. Any provision of this Lease, whether or not Incorporated heroin by reference, which provides for arbitration by any extra- judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision Incorporated herein by reference which purports to negate this or any other special provision In whole or In part shall be valid or enforceable or available in any action at law whether by way of compliant, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Lease to the extent that this agreement is capable of execution, 10. CANCELLATION. Both parties understand that at any time before the scheduled expiration of the term of this Lease, Lessor has the right to cancel the lease without liability by giving the Lessee 90 days written notice of its intention to cancel the Lease. The notice shall be hand delivered, posted on the Premises, or sent to the Lessee, at the address of the Lessee contained herein by Certified Mail, return receipt requested. This Lease may also be canceled by the Lessee by giving the Lessor 90 days written notice of their intent to do so and after receiving permission of the Lessor to remove, and having removed all soll nolls and filling and capping all de-watering wells. 11, COMPLETE AGREEMENT. This Lease, including all exhibits, supersedes any and all prior written or oral agreements and there are no covenants, conditions or agreements between the parties except as set forth herein, No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or affect whatsoever unless embodied herein in writing. No subsequent novation, renewal, addition, deletion or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 12. CAPTIONS, CONSTRUCTION, AND LEASE EFFECT, The captions and headings used In this Lease are for identification only, and shall be disregarded in any construction of the lease provisions. All of the terms of this Lease shall Inure to the benefit of and be binding upon the respective heirs, successors, and assigns of both the Lessor and the Lessee. If any provision of this Lease shall be determined to be Invalid, Illegal, or without force by a court of law or rendered so by legislative act then the remaining provisions of this Lease shall remain in full force and effect. Rev.3/06 Page 2 of 8 03/09/2007 18:04 FAX 3038257801 SEMPER_DEVELOPMENT_CO 004/024 13, NO BENEFICIAL INTEREST. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein. 14. NO VIOLATION OF LAW. The Lessee shall not commit, nor permit the commission of, any act or thing, which shall be a violation of any ordinance of the municipality, City, County, or of any law of the State of Colorado or the United States. The Lessee shall not use the Premises for any manner, which shall constitute a nuisance or public annoyance. The signatories hereto aver that they are familiar with 18-8-301, at seq., (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Publlc Office), C.R.S., as amended, and that no violation of such provisions is present. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever In the service or property described herein. 15. NOTICE. Any notice required or permitted by this Lease may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: LESSOR: LESSEE: Colo. Dept. of Transportation Vail Development, LLC Property Management Manager (or as assigned to) 15285 S. Golden Rd., Bldg. 47 Black Diamond Resort - Vail, LLC Golden, Colorado 80401 50 S. Sixth Street, Suite 1480 Minneapolois, MN 55402 Notice of change of address shall be treated as any other notice. The Lessee warrants that the address listed above is the Lessee's current mailing address and that the Lessee will notify the Lessor in writing of any changes in that address within ten (10) days of such change. 16, HOLDING OVER. If the Lessor allows the Lessee to occupy or use the Premises after the expiration or sooner termination of this Lease, the Lessee becomes a Holdover Tenant and shall be a month-to-month Lessee subject to all the laws of the State of Colorado applicable to such tenancy. The rent to be paid by Lessee during such continued occupancy shall be the same being paid by Lessee as of the date of expiration or sooner termination. Lessor and Lessee each hereby agree to give the other party at least thirty (30) days written notice prior to termination of this holdover tenancy. 17. CHIEF ENGINEER'S APPROVAL. This Lease shall not be deemed valid until It has been approved by the Chief Engineer of the Colorado Department of Transportation and by the Lessee. 18. HAZARDOUS MATERIALS. The Lessee agrees to defend, indemnify and hold harmless the Lessor and any employees, agents, contractors, and officials of the Lessor against any and all damages, claims, liability, loss, fines or expenses, including attorney's fees and litigation costs, related to the presence, disposal; release or clean-up of any contaminants, hazardous materials or pollutants on, over, under, from or affecting the property subject to this Lease, which contaminants or hazardous materials the Lessee or Its employees, agents, contractors or officials has caused to be located, disposed, or released on the property. The Lessee shall also be responsible for all damages, claims and liability to the soil, water, vegetation, buildings or personal property located thereon as well as any personal Injury or property damage related to such contaminants or hazardous materials. 19. NO NEW PERMANENT STRUCTURES OR IMPROVEMENTS. No new permanent structures or improvements of any kind, other than those described in Section 2 of this lease, shall be erected or Rev. 3106 Page 3of8 03/09;'2007 18:04 FAX 3038257801 SEMPER_DEVELOPMENT_CO 16005/024 moved upon the Premises by the Lessee without the express written prior permission of the Lessor. Any such structure or improvement erected or moved upon the Premises without the express written consent of the Lessor may be immediately removed by the Lessor at the expense of the Lessee, Further, any structures, improvements or items of any kind remaining on the Premises at the termination of the Lease will be considered abandoned by the Lessee and may be immediately removed by Lessor at the Lessee's expense; provided, howver, that abandonment of the soil nails Is antlclpated by this agreement and conpensation for any future removeal is provided for in Section 23 below and such abandonment of the soil nails shall not in and of itself require the immediate removal of the soil nails by Lessor. 20. BINDING AGREEMENT. This Lease shall be binding upon and inure to the benefit of the partners, heirs, executors, administrators, and successors of the respective parties hereto. 21. DEFAULT. If: (1) Lessee shalt fall to pay any rent or other sum payable hereunder for a period of 10 days after the same is due; (2) Lessee shall fall to observe, keep or perform any of the other terms, agreements or conditions contained herein or In rag ulatlons to be observed or performed by Lessee and such default continues for a period of 30 days after notice by Lessor; (3) This Lease or any Interest of Lessee hereunder shall be levied upon by any attachment or execution, then any such event shall constitute an event of default by Lessee. Upon the occurrence of any event of default by Lessee hereunder, Lessor may, at its option and without any further notice or demand, in addition to any other rights and remedies given hereunder or by law, do any of the following: (a) Lessor shall have the right, so long as such default continues, to give notice of termination to Lessee. On the date specified In such notice (which shall not be less than 3 days after the giving of such notice) this Lease shall terminate. (b) In the event of any such termination of this Lease, Lessor may then or at any time thereafter, re-enter the Premises and remove there from all persons and property and again repossess and enjoy the Premises, without prejudice to any other remedies that Lessor may have by reason of Lessee's default or of such termination. (c) The amount of damages which Lessor may recover in event of such termination shall include, without limitation, (1) the amount at the time of award of unpaid rental earned and other sums owed by Lessee to Lessor hereunder, as of the time of termination, together with Interest thereon as provided in this Lease, (2) all legal expenses and other related costs Incurred by Lessor following Lessee's default including reasonable attorneys' fees incurred in collecting any amount owed hereunder (3) any damages to the property beyond its present condition, (d) Upon the Lessee's failure to remove its personal property from the Premises after the expiration of the term of this Lease, (with the exception of the soil nails that will remain) Lessor may In Its sole discretion, without notice to or demand upon Lessee, remove, sell or dispose of any and all personal property located on the Premises. Lessee waives all claims for damages that may be caused by Lessor's removal of property as herein provided. 22. INSURANCE. (Revised 2006 per State Controller Requirements) (a) The Lessee shall obtain and maintain, at all times during the duration of this Lease, insurance in the kinds and amounts detailed below. The Lessee shall require any Contractor working for them on the Premises to obtain like coverage. The following insurance requirements must be in effect during the entire term of the Lease. Lessee shall, at it sole cost and expense, obtaln Insurance on its Inventory, equipment and all other personal property located on the Premises against loss resulting from fire, theft or other casualty. Rev.3/06 Page 4 of 8 03/09/200' 18:05 FAX 3038257801 SEMPER_OEVELOPMENT_00 IM 006/024 (b) Workers' Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by this Lease in Paragraph 4. (c) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10193 or equivalent, covering Premises operations, fire damage, independent Consultants, blanket contractual liability, personal injury, and advertising liability with minimum limits as follows; 1. $1,000,000 each occurrence; 2. $2,000,000 general aggregate; 3. $50,000 any one fire. If any aggregate limit is reduced below, $1,000,000 because of claims made or paid, the Lessee, or as applicable, Its Contractor, shall immediately obtain additional Insurance to restore the full aggregate limit and furnish to COOT a certificate or other document satisfactory to COOT showing compliance with this provision. (d) If any operations are anticipated that might in any way result in the creation of a pollution exposure, Lessee shall also provide Pollution Legal Liability Insurance with minimum limits of liability of $1,000,000 Each Claim and $1,000,000 Annual Aggregate. COOT shall be named as an Additional Insured to the Pollution Legal Liability policy. The Policy shall be written on a Claims Made form, with an extended reporting period of at least two year following finalization of the Lease, (e) Umbrella or Excess Liability insurance with minimum limits of $1,000,000. This policy shall become primary (drop down) In the event the primary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence form and shall be following form of the primary. The following form Excess Liability shall include COOT as an Additional Insured, (f) COOT shall be named as Additional Insured on the Commercial General Liability Insurance policy. Coverage required by the Lease will be primary over any insurance or self-insurance program carried by the State of Colorado. (g) The insurance shall include provisions preventing cancellation or non-renewal without at least 30 days prior notice to COOT by certified mall to the address contained in this document. (h) The insurance policies related to the Lease shall Include clauses stating that each carrier will waive all rights of recovery, under subrogation or otherwise, against CDOT, Its agencies, institutions, organizations, officers, agents, employees and volunteers. 0) All policies evidencing the Insurance coverage required hereunder shall be issued by insurance companies satisfactory to COOT. (j) In order for this lease to be executed, the Lessee, or as applicable, their Contractor, shall provide certificates showing Insurance coverage required by this Lease to COOT prior to the execution of this lease. No later than 30 days prior to the expiration date of any such coverage, the Lessee or Contractor shall deliver to the Notice Address of COOT certificates of insurance evidencing renewals thereof. At any time during the term of this Lease, COOT may request in writing, and the Lessee or Contractor shall thereupon within 10 days supply to COOT, evidence satisfactory to COOT of compliance with the provisions of this section. Insurance coverage must be in effect or this lease is In default, (k) Notwithstanding subsection (a.) of this section, if the Lessee is a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24-10-101, et sea., as amended ("Act'), the Rev.3106 Page 5 of 8 03/09/2007 18:05 FAX' 3035257801 SEMPER_CEVELOPMENT_CO 1&007/024 Lessee shall at all times during the term of this Lease maintain only such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Act. Upon request by COOT, the Lessee shall show proof of such insurance satisfactory to CDOT. Public entity Lessees are not required to name COOT as an Additional Insured. (1) If the Lessee engages a Contractor to act independently from the Lessee on the Premises, that Contractor shall be required to provide an endorsement naming CDOT as an Additional Insured on their Commercial General Liability, and Umbrella or Excess Liability policies. 23. ADDITIONAL PROVISIONS. The Lessee proposes to Install "soil nails" and "de-watering" wells in the parcel described above, and as shown on Sheets XBS-2 through XBS-6 of the construction plans by Cogglns & Sons, Inc. of Littleton, Colorado, dated 9/9/06 as attached hereto The purpose of the proposed installation is to shore up the Lessor's property subsequent to excavation of the Lessee's adjoining property and to prevent water seepage Into the excavated area. The "soil nails" are proposed to enter the leased property at various elevations from 8,168 feet to 8,1213 feet and extend down to the north at an approximate 15' angle to elevations between 8156 feet to 8116 feet based on the above referenced construction plans attached hereto. The preceding sentence notwithstanding, the construction plans referenced above shall control. The "soil nails" shall remain in the subsurface of the Lessor's property until they are removed by or with the permission of the Lessor; but In no event shall the soil nails be removed prior to the end of the term of the Lease Ageement. The "de-watering" wells shall be filled and capped by the Lessee at their sole expense in accordance with local, State and Federal regulations, laws and guldelines/standards before the end of the term of this lease. (a) The payment for this lease will consist of two parts: (1) The first part is that described In Section 3 and shall be fixed for a period of one year. (ii) The second part of the payment consists of ONE PAYMENT of $48,225.00, due upon signing of this lease, which is the calculated current cost of removing the soil nails during excavation and Is based on 643 nails at $75.00 per nail Any addition or subtraction of the number of nails shall be reflected in the total amount of this payment on the basis of $75.00 per nail. This payment is agreed upon between the parties to be the total amount to be paid by the Lessee to offset any future costs of removal of the soil nails by the Lessor. (b) The Lessee has represented to the Lessor that their building is freestanding and not dependent upon the soil nails for support. The Lessee therefore agrees that they will have no legal recourse against the Lessor, It's agents or Permltees If during the responsible removal of the soil nails the Lessee's property is damaged due to lack of support. (c) The Lessee further agrees that it will indemnify the Lessor for any damages incurred by Permittees of the Lessor, if during the normal course of their business their equipment or facilities are damaged In connection with the installation of the soil nails or de-watering wells on the Premises. I. The Lessee acknowledges that It Is aware of the existing utilities in the area to be leased and agrees that It will submit plans of its proposed installations to the affected utility companies for review and concurrence. The Lessee further agrees that it will provide the Lessor with copies of written documentation from each utility that they have reviewed the proposed Installation and concur with the plans to avoid and protect the existing utilities and to mitigate any damages. Such documentation will be submitted to Lessor prior to any work being conducted on the Premises by Lessee. Rev,3/08 page 6of8 03/09/2007 18:05 FAX 3038257801 SEMPER_BEVELOPMENT_CO Ia008/024 II. The Lessee agrees that It will not damage utility facilities presently existing and will repair at its cost such facilities if damage occurs due to its work within the right of way. Lessee further agrees that It will indemnify and hold harmless the Lessor and all utility companies presently occupying the right of way as a consequence of Lessee's action. (d) The designer of the shoring system, Coggins & Sons, Inc. of Littleton, Colorado has required weekly monitoring of the excavation for horizontal movement during construction and reporting of the results by the contractor to them for review. In at letter dated February 27, 2007 and signed by James H. Hart, PE, Coggins & Sons, Inc. discussed minimum and maximum anticipated horizontal wall movement and plans if unacceptable movement should occur. A copy of this letter Is attached as an exhibit to this lease, The Lessor Is specifically relying on the assurances of this letter and the Lessee agrees to continue to employ Coggins & Son, Inc. in it's present position and to promptly implement all recommendations of that company. (e) Lessee agrees to Include the Lessor in the weekly distribution list for the results of the horizontal wall movement monitoring. Monitoring results will be sent in a timely manner to CDOT Materials and Geotechnical Branch Attention: Mark Vessely. 4201 East Arkansas Avenue. Denver, CO 80222 970-518-3284 (f) Lessee further agrees to provide prompt notification of any indications of failure, including but net limited to soil or pavement cracking, to the party noted above and to the following partles, James Pltkln, Senior Supervisor 970-471-1242 Larry Dungan, Vail TM-III 970-845-8816 Office 970-471.9768 Cell David Lyklns 970-845-1027 Office 970-401-2326 Cell Rev.3/08 Page 7 of 8 03/09/2007 18:06 FAX 3038257801 SEMPER_DEVELOPMENT_CO ? 009/024 IN WITNESS WHERI=OF, the parties hereto have executed this lease agreement on the day and year first above written. LESSEE: Vail Development, LLC (Full Legal Name) (If Corporation) By Attest (Seal) (Name) u+c G ~sK~►a~ By Secretary STATE bF ► K esco2- 88 COUNTY of {kttfrn ) Title \Ik cj-- rla►~ Ac~ETZ. ZO--IZI-7 2,94 Federal Tax Identification Number fA- The foregoing instrument was subscribed and sworn to before me this day of k-b ru.c.~. r 2A7~- by -Z~)o -IR las . ~i~r► Witness my hand and official seal. My commission expires I - s i - 1 a- CHAP,,'LOTTE MARIA SCHU N07ARY PUBLIC Address: MINNCSOTA S 0ttl'2012 C3fA9,1~55ON cXPiRE Notary Public So S. 5 r >t+k S+. LESSOR: ATTEST: COLORADO DEPARTMENT OF TRANSPORTATION D G S W. BENNETTj PAMELA E. HUTTON, P.E. Chief Clerk for Right of Way Chief Engineer Rev. 3/08 Page 8 of 6 03109;'2007 18:08 FAX 3038257801 SEMPER_DEVELOPMENT_00 0101024 EXHIBIT - Page 1 of 4 Exhibit A Terms and Conditions Vail Development fOr the installation of de-watering wells and soil nails in the ROW L CDOT snail review and certify the datys correct and consistent with the monitoring plan that is described in the a7Coggins' and Sons, Tnc letter to Leyton Construction Company, attached, This data and the certification shall be forward to the FHWA Colorado Division office within ten working days of the collection of the data, 2. The FHWA shall be held harmless for any daittage that may occur to the resources of the roadways (i.e. US 6 and 1-70 embankments and the US 6 and 1.70 pavements.) 3, The FWHA shall be held harmless for incidents involving public Safety that aro a result of the tree of the ROW as allowed by the agreement. 4. CDOT shall require Leyton and Coggins to develop a plan of action that sMI be subrnittad to CDOT for review and concurrence if unacceptable movernent in the soil nail wall occurs. This plan will be forwarded to FHWA Colorado Division Office. 5. CDOT droll casurc the Lessee a. Providers for the prevention of and control of soil erosion within the right-of- way b. Pmtects and preserves s4i1 and vegetative cover on the right-of way 6. Modifications pf'the tease agreement will mgLtire FHWA review and approval prior to implementation of an alternato construction method. 7. The FH A shall have the right to access the sight for inspection oflhe soil rwil wall and roadway facility at any time during the duration of the lease. 8. Any repair work t h a t is detain-~ ned to be a result of the Lessee's use of the 1-70 right of way shall not lie eligible- for federal-aid funding 6,as eftri 'e al Ai-aec 4 ~ i too S At ,ern le-tft•- do,sd ~9arc ~i e" zoo 7 03/09/2007 18:06 FAX 3038257801 SEMPER_OEVELOPMENT_CO CaGG1S & so 16011,1024 Caisson Drilling, ExcavOtion Shoring, Tieback Anchors March 8, 2007 Layton Construction Company, Inc, 9090 South Sandy Parkway Sandy, •U'1' 54070 ,A.tteri on: Mark•Sheanshang . Subject: Four Seasons Resort Earth Retention Horizontal movement 'As raluostod, we are providing a fallow-up letter to our February 27, 2006,1atteT estimating the horizontal movement of the proposed soil nail wall. As a-utlined from Table, 5,2 on page 105 of the Federal HiZhway Administration (FHA) Ceotechnical Engiueoring' Circular Number .7 "Soil Nail Walls" (Publiaatzon. NO, FHWA-IF- 03;017) dated' Mmch 2003; the estimated maximum horizontal wall displacmz nt of wall height 49 fact would be 1.18 irich. If you have.ahy questions, please Cvatact.u5.' . -Sincerely, Coggins and Sons,ln p RE~I , ` U. O 40j• + f 10ba14. Hart, P.E. ••.••.rr 8512 Titan Park Circle, Lbeton, Colorado 50125 • (303) 791-9911 - FAX (303) 791-0967 Z00/TODD X~i~ TL ~4T ItOH LODZ/54/ED' 03/09x'2007 18:06 FAX 3038257801 SEMPER_(DEVELOPMENT _C0 EXHIBIT A - PACE 3 of 4 9 COGG'INS & SONS, INC. Caisson Drilling, Excavation Shoring, Tieback Anchors February 27, 2007 Layton Construction, Company, Inc. 9090 South Sandy Parkway Smdy, UT 84070 Attention: Marls Sheanshang Subject: Four Seasons Resort Earth Retention Anticipated horizontal movement and extending nails across Highway 6 As requested, we are providing a lettot estimating the anticipated horizontal movonawt of the proposed soil nail wall. This project has been designed Following criteria as outlined in the Federal Highway Administration (FHA) Geotedbnical Engineering Circular Number 7 "Soil Nail Walls" (Publication No. FHWA-TF-03-017) dated Much 2003. Page 104 of the above-montioned manual provides detail to the deformation behavior of soil nail walls. The manual states, '`Maximum horizontal displa= mcnts occur at the top of the wall and decraasc progressively toward the too of the. wall." In addition, the manual states movement of soil nailed walls dependent on many factors. Prom vistael observation Ind monitoring of many previously completed soils nailed walls, we too have concluded wall mov=cnt dcpcadcnt on many thctors and that the height of wall ono of the most critical We can perform on elaborate finite element analysis; however, we have determined an empirical approach produacs accurate values. From our experience and outlined in the above-mentioned manual, the anticipated horizontal wall movement will vary from a minimum o f .002 to a inaxim-am of .005 times the wall height. Phase see the table below for anticipated horizontal wall movement for various heights, able 1. Anticipated Horizontal wall movement for various wall heights. 1~ 012/024 ei t (feet) Mi ' u Maxl ehes 49 - 42 1.0t 2.94 41 - 35 0.84 2,46 34 - 28 0,67 2.04 27 - 21 O.SO 1.62 20.14 0.34 1.20 13.7 0.17 0.76 As outlined on XBS-1 on the earth retention drawings, a monitoring program will be implemented_ As per our conversation on Friday, February 23, Layton Constuction wM- provide surveying of monitoring points establiahed at the top of wall per Coggin,s direction. Th© monitoring points will be spaced approximately 75 feet horizontally across the top of 9512 Titan Park Clrole @- Lfttleton, Colorado 60125 (30$) 791-9911 a FAX (303) 791.0867 03/09/2007 18:06 FAX 3038257301 i COGGINS & S SEMPER_OENELOPMENT_CO EXHIBIT A - PAGE 4 of 4 Caisson Drilling, Excavation Shoring, Tieback Anchors wall and installed once the fht lift of shotcarote placed. The paints will be road once a week during earth retention, construction and the data distributed to Coggins the following day. Coggins will reviow the data and dctm=is a if the movement acceptable. If the movement acceptable, earth retention construction will continuo. If the movement not acceptable, earth retention and excavation construction will cease and Coggin will initiate a plan of action. A earth berm shall be placed in front of the area of concern until such time as Coggin establishes and implements a plan, of action to address the situation. Oace the earth retention construction, completed, it will be the responsibility of Layton to continue monitoriD, of the wall and keep Coggins itrf mcd of movement until the struc=e can withstand horizontal loading. All of us at Coggin & sons feel strongly that we live proposed an earth retention system, that Will "M't horizontal defunaatioa The Monitoring pro gram that will be implemented will inform us quickly if a situation arises so ws can address tho situadon in a timely manner. In addition to estimating the horizontal movement, we were asked to examine the possibility of cxtcading the first Tow of nails across Tjighway 6'in lieu of tomunatiag the nails =de[ Highway 6. After review, we can extend the first row of nails #48 through #78 so the mails will terminate on the other side of R#way 6, to the-,uear future, the earth retention plans wiU be adjusted to reflect the longer nail lengths for the top row of 1 lilS #48 through. #78. We feel the earth retention system proposed will generate a safe and successU'project, If you have any questions, please contact us. Sincerely, Goggins and Sons, Inc John H. H" P.E. 05 12 Thin Pork I 0013,1024 03/09'200' 18:07 FAX 3038257801 SEM,IPER_DEVELOPMdENT_CO Z014,r024 ~ yV•ust~f' err. ~jy.'1','':r'4LLII~. S~L'ia....a Y.r rY. r• a e.w'. IYwl~asww• M1 b • MY• I .44f r.au . "IN t~ wP wrerbon .~.r r I1rYltIR!C Yr./ MN r e•bw rr~. 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XBS-5 f` 03/09/2007 15:09 FAX 3038257901 SEMPER_DEVELOPMENT_CO I ' ~~<~i YNI r~ .bdean~+t' Y+orv • . t , sttG YS►N gTfygl► C o • o•4~W v~ 0'y" ~ b ~ . iag e aY { x+ M U nn wucf ly ~ u~ gp M ~ ~ [ pp N _ N Lq 5 ,'1 m { i041,4VOo s{ -AEAO J►TML. yawl l 1 vp>tltyv i7b' RA uIMMUV fA00 #A i~CU' b ~ k DETAIL TOP VIEW 6 DETAIL FACING GROUT COLUMN Z POT To Kta d t3T 77 K~lf w~ av►rw _ ror^ MI 0 N CL N. Y ~ N9 4N pp v~ ~ Y DIM lid XE S- [6023/024 03/09/2007 18:09 FAY, 3038257301 SEMPER_DEVELOPMENT_CO 77 Py ti sc...,. 1n- ai.e a~ ra 6171 9EA4 SCH90ULE O a 5' o ~ F~oa z V/ z N ~ cn _Z m 0 V ~ No, 3J-7 Z 024/024 Page 1 of 1 Michael Colligan From: TJ Brink [tbrink@semperdev.com] Sent: Tuesday, March 06, 2007 6:51 AM To: David Brooks; Michael Colligan; Mark Sheanshang; Mark Reed; Peter Speth; Charlie Davis; gruther@vailgov.com; Matt Royer; Douglas Atmore; Stan Zemler; Tom Kassmel; Warren Campbell; Doug Hipskind; Rick Hauser; Kathleen M. Martin; Mike McGee; Howard Bergerud Subject: Four Seasons Resort - Vail Everyone: Attached is a copy of the fully executed 9 Vail Road Easement Agreement for Soil Nails that was sent to the County yesterday for filing. Also, FWHA finally agreed late yesterday to the Soil Nail Lease we have been working on with CDOT for the past year. Ed Fink, the Region 3 Director for CDOT has assured me that we will have the executed lease from CDOT by no later than Thursday this week. We will then have all the necessary documents to submit for the G & E permit. TJ Very truly yours, Thomas J. Brink President HB Development Co. Minneapolis Office: 80 South Eighth Street Suite 1275 Minneapolis, Minnesota 55402 Telephone: (612) 332-1500 Facsimile: (612) 332-2428 Denver Office: 8000 East Prentice Avenue Suite C-3 Greenwood Village, Colorado 80111 Telephone: (303) 825-7800 Facsimile: (303) 825-7801 3/7/2007 4 March 5, 2007 Layton CONSTRUCTING WITH INTEGRITY To: Leanord Sandoval From: Brandon Hill Re: Project Fence RE: Four Seasons Leanord, per our conversation on Friday, March 2nd. The following is a narrative description of the proposed fence relocation we talked about. We propose to move the north section of the fence out from the property line to the back side of the sidewalk (South side). This will allow for drilling of wells as needed We would like to start this work as soon as possible and will wait for your approval to do so. Please see the attached diagram showing proposed fence location. Layton Construction Co. Mark Reed Sr. Superintendent 970-401-1777 9 Layton Construction Company, Inc. 9090 South Sandy Parkway Sandy, Utah 84070 801.568.9090 Fax 5695450 http://www.layton-const.com i LETTER OF TRANSMITTAL TO: Town of Vail - Public Works 1309 Elkhorn Drive Vail, CO 81657 Phone: 970-479-2198 Fax: 970-479-2166 We are sending you: ❑ Attached ❑ Under separate cover via ❑ Shop Drawings ❑ Prints ❑ Plans ❑ Copy of Letter ❑ Change Order ❑ Samples Layton 1h CONSTRUCTING WlTHINTEGRITY -MR& DATE: 2/2/2007 JOB NO.: 06320 ATTENTION: Tom Kassmel RE: Four Seasons Resort - Vail CO Building Permit B06-0196 the following items: ❑ Specifications ❑ Other 1 ❑ For Approval ❑ No Exception Taken ❑ Resubmit copies for approval F±1 For Your Use ❑ Make Corrections Noted ❑ Submit copies for distribution ❑ As Requested ❑ Returned for Corrections ❑ Return corrected prints ❑ For Review & Comment ❑ Rejected ❑ Reviewed ❑ Revise and Resubmit copies ❑ Please Complete and Return ❑ FOR YOUR REVIEW & SIGNATURE ❑ Prints Returned After Loan to Us ❑ FOR BIDS DUE ❑ PLEASE INITIAL EACH PAGE OF EACH CONTRACT ❑ PLEASE RETURN PLANS AND SPECIFICATIONS BY om - Attached is the final dewatering plan agreed to with Scorpio in connection with their easement. Please replace this document with the corresponding two pages submitted previously. Please call me if you have any questions. CC: File SIGNED: Doug Carley TJ Brink - HB Development Project Manager Dave Brooks - JHG Direct Ph: 801-563-4360 Bill Hardin - Zachry Construction Direct Fx: (801) 569-5450 Layton Construction - MR, MC, MS Email: dcarley@layton-const.com Layton Construction Co., Inc. 9090 South Sandy Parkway Sandy, Utah 8407D 801/ 568-9090 Fax 801/ 569-5450 AA/EEO Amended Plan to Monitor Dewatering Operations Four Seasons Resort - Vail, CO January 26, 2007 Layton Construction Dewatering will be monitored in the following ways at the site: Monitoring Activity #1 - Monitoring and settlement points will be established on each building on any adjacent properties, including the Scorpio Condominium Building and the 9 Vail Road Condominium Building. These points will be surveyed on a regular basis to determine if movement is taking place. These measurements will be done at regularly scheduled intervals, of every three days for the first three weeks of dewatering and then weekly if no significant movement has occurred. Significant movement shall be defined as any movement of more than one fourth of one inch. Monitoring Activity #2 - Monitoring of ground surface monuments on the outside of the shoring wall, as well as, monitoring points on the face of the shoring wall itself shall be established. Surveying of these points will take place on the same time schedule as surveying the settlement points on each building, see above. Monitoring Activity #3 - Four piezometers will be installed inside the proposed limits of excavation to measure the hydraulic head of groundwater. The actual location of the piezometers will be subject to approval by the developer and Town of Vail. These measurements will be done at regularly scheduled intervals, of once a day, unless results and/or conditions warrant more frequent testing. Monitoring Activity #4 - Upon completion of installation of the wells and the submersible pumps, the discharge from the wells will be checked by means of a Rossum Sand Tester. A port will be installed in all major discharge lines to allow the Rossum Sand Tester to be installed and moved from discharge line to discharge line. The port for the Rossum Sand Tester will be installed toward the end of each discharge header to monitor a group of wells based on one sample. According to the Environmental Health Office with the Town of Vail, Bill Carlson and as provided in the Groundwater discharge permit information, the required not to exceed measurements for discharge water into Spraddle Creek storm sewer system are as follows: Over any 7 day period, the average particulate measurement must be less than 45 mg/liter. - Over any 30 day period, the average particulate measurement must be less than 30 mg/liter. If the results exceed the aforementioned values, the Rossum Sand Testers will be moved to individual wells for further testing. Attached is the proposed dewatering well locations, discharge locations, and port locations for the Rossum Sand Tester and flowmeters. Final locations will be coordinated with the Town of Vail. Also, Rossum Sand Tester procedures and a typical cross section on how this device connects to the discharge header are attached hereto for reference. Notwithstanding the foregoing, for the wells connected to Discharge Header #2 and for Well #'s 1 and 2 on Discharge Header #1, measurements shall be taken at the discharge line of each well twice per day during the first three weeks of dewatering operations, and then once per day thereafter if no significant turbidity is detected in the discharged water. Significant turbidity shall mean particulate measurement of any sample exceeding 30 mg/l. If significant turbidity is encountered, then the affected well shall be immediately adjusted to reduce its pumping rate to a level such that the turbidity of the discharge water falls below 30mg/1. All test results for the Rossum Sand Tester shall be noted in a log to be maintained by well(s), discharge lines and date and time of test. In the event that any Rossum Sand Tester measurement exceeds aforementioned values, then the well or wells so affected shall be temporarily shut down and a plan of action will be implemented in cooperation with the Town of Vail before such wells shall be reactivated. Monitoring Activity #5 - Monitoring of the nearby ground surface will also take place. Visual inspection to spot any ground movement will take place twice a day during the first three weeks of dewatering and then such inspection shall be once a day, unless conditions warrant more frequent visual inspection. If substantial settlement of the adjacent ground surface is observed using any of the above monitoring methods, the dewatering process will be fully and/or partially stopped and a plan of action will be implemented in cooperation with the Town of Vail to deal with the situation prior to the stopped dewatering activities being resumed. TOWN t)F VAIL 75, S. FRONTAGE ROAD VAIL, CO 81657 970-479-2138 NOTE DEPARTMENT OF COMMUNITY DEVELOPMENT C:Gpy THIS PERMIT MUST BE POSTED ON JOBSITE AT ALL TIMES PUBLIC WAY PERMIT Job Address: 1 VAIL RD VAIL Location.....: 13 VAIL ROAD Parcel No...: 210107101016 01/04/2007 Expires. APPLICANT VAIL DEVELOPMENT LLC 50 S SIXTH ST STE 1480 MINNEAPOLIS MN 55402 CONTRACTOR LAYTON CONSTRUCTION CO License: 333-A OWNER VAIL DEVELOPMENT LLC 50 S SIXTH ST STE 1480 MINNEAPOLIS MN 55402 Permit # PW07-0001 Status : Applied : Issued . . : ISSUED 01/04/2007 01/04/2007 INC 01/04/2007 Phone: (801) 568-9090 01/04/2007 Desciption: Temp site access for partical dewatering permit only within private property. No approval on CDOT ROW work allowed. REZONING OF CHATEAU & ALPINE STANDARD SITES FROM EXISTING PUBLIC ACCOMODATIONS(PA) DISTRICT TO HIGH DENSITY MULTI FAMILY DISTRICT (HDMF) FEE SUMMARY Public Way------ > Investigation-----> Payments--------------> $0.00 Bond Amount---> $50.00 BALANCE DUE > $0.00 TOTAL FEES---> Approvals: Item: 05500 PUBLIC WORKS 01/04/2007 is Action: AP See Conditions permit 01/04/2007 is Action: PA When CDOT approval is granted and a copy o is submitted to the TOV. A new public way permit will be issued to Layton Constru at that time the fee in the amount of $1987.00 dollars will be deposit. This permit will expire April 15, 2007 and a new one will be required. Item: 05550 ENGINEERING CIVILS CONDITION OF APPROVAL Cond: CON0008618 Reference letter from Tom Kassmel to Layton Construction - Doug Carley. Dated 11-29-06 The Town of Vail has completed the reviews and per review of the dewatering plan. The following are the remaining comments that must be addressed and the required conditions for dewatering. Comments: 1*. A valid CDOT utility permit will be required. The permit must not refer to the lease agreement unless the lease agreement is signed and a copy submitted to the Town of Vail. 2. The discharge of line # 2 needs to be verified. The Town would perfer it to be pumped to Spraddle Creek. 3. Provide and updated construction schedule for dewatering. Conditions: 1. The subsurface soil conditions on the site shall be logged as the dewatering wells are installed, a copy of the logs shall be provided to the Town of Vail and the developer's Geotechnical/Dewatering consultant for review. 2. Prior to commencing dewatering, a pump test shall be completed to verify that the flowrate is within the estimated ground water flow. 3. An action plan shall be developed prior to commencing dewatering in the event excessive turbitity or settlement is encountered. What is Plan B'? 4. Logs of the monitoring activity shall be made available to the Town of Vail upon request. DECLARATIONS I certify that I have read all chapters of Title 8 and Title 13 of the Vail Municipal Code and all utility company agreements, sinned by me, and will abide by the same, and that all utilities as required. Public Works will have a spec/detail book available in April of 1998. REQUESTS FOR INSPECTION SHALL BE MADE TWENTY-FOUR HOURS IN ADVANCE BY TELEPHONE AT 479-2149 OR AT OUR OFFICE FROM 8:00 AM - 4 PM. SIGNATURE OF OWNER OR CONTRACTOR FOR HIMSELF AND OWNER MUST BE SUBMITTED MIN 3 BUSINESS DAYS PRIOR TO PERMIT ISSUANCE APPLICATION FOR RIGHT OF WAY USE-STREET CUT PERMIT PR7#: D y68 Town of Vail PW#: J 49 I Public Works Dept Parcel 1309 Elkhorn Dr Blde Permit B 91' 0/Vail, CO 81657 WARNING: Inclusion of false information in this permit application establishes an automatic denial for a Right of Way Use- Street Cut Permit and forfeiture of application fees. By signing this permit, the applicant declares he/she has read all contents of this document, Town of Vail Roadway Standards and chapters of Title 8 - Public Ways and Property, of the Vail Municipal Code and is fully aware of its requirements and agrees to pay all applicable fees. Application Fee: $50.00 y Company Company Name: ~Yl 'GICr/C~ Phone: Company Address:W,s S City/State/ Zip: Contractor License Number: 1 ] rye'- Email:- 114e C/ T C t Contact Name: on act / Phone: ~Z' ROW Use Location: Requested ROW n 1r A Requested Use Dates: uer to Work Times: 141,7 A-wt Purpose for Request: Street Cut Dimension (if applicable): ❑ Underground Utility Installation ❑ Landscaping Length: ❑ Temp Site Access ❑ Construction Staging - Width (min 4'): ❑ Roadway Construction Other (explain): pel Total Square Footage: Requested ROW Use: ❑ Single Lane Closure- lft of closure (including taper) ❑ Two Lane Closure - lft of closure (including taper) ❑ Three Lane Closure - Ift of closure (including taper) ❑ Sidewalk/Bike Path - Ift of closure Other (explain): 1. Applicant shall submit a traffic control plan, and work site/staging plan with this application. Traffic Control Plan shall be in compliance with the MUTCD and shall show streets with names, adjacent intersections, advanced warning signage, taper lengths, buffer space and work zone dimensions. No full street closures are allowed. 2. Applicant must contact Public Works Department at 479-2198 24 hours prior to commencing of work. Failure to notify the Town will result in forfeiture of bond money. 3. Applicant is responsible for obtaining approvals from all utility companies having an existing utility line within the project site, applicant has option of routing application through the Public Works office to obtain the necessary Town of Vail s~igynatures. Pl~e allow up to one week to process,, e Xcel Enery (800-922-1987) lar'irilV Qwest (800-922-1987) Comcast (800-932-]987 o' HoL ross Electric (0-932-1987) Eagle River Water 8 Sanitation istrict (970-477-5453) Town of Vail Electric (970-479-2158) T : n of Vail Irrigation (970-479-2158) 1A 6At1'G- y 01 -7-1'-U0 Print plicantName ! Apphomi. mature ate F:\PW\Specifications\RDWY Standards\ROW permits\Permit Application.doc TOWN OF VAIL Department of Public Works & Transportation 1309 Elkhorn Drive Vail, CO 81657 970-479-2158 Fax: 970-479-2166 www.vailgov.com MEMO To: Doug Carley, Layton Construction From: Tom Kassmel, Town Engineer Re: Four Season, Dewatering Permit Date: 11/29/06 The Town of Vail has completed the review and peer review of the dewatering plan. The following are the remaining comments that must be addressed and the required conditions for dewatering. Comments: 1. A valid CDOT utility permit will be required. The permit must not refer to the lease agreement unless the lease agreement is signed and a copy submitted to the Town of Vail. 2. The discharge of line 42 needs to be verified. The Town would prefer it to be pumped to Spraddle Creek. 3. Provide an updated construction schedule for dewatering Conditions: 1. The subsurface soil conditions on the site shall be logged as the dewatering wells are installed, a copy of the logs shall be provided to the Town of Vail and the developer's Geotechnical/Dewatering consultant for review. 2. Prior to commencing dewatering, a pump test shall be completed to verify that the flowrate is within the estimated ground water flow. 3. An action plan shall be developed prior to commencing dewatering in the event excessive turbitity or settlement is encountered. What is Plan 'B'? 4. Logs of the monitoring activity shall be made available to the Town of Vail upon request. January 4, 2007 Tom Kassmel Town of Vail - Public Works Department 1309 Elkhorn Drive Vail, CO 81657 Re: FOUR SEASONS RESORT - VAIL, CO Layton Construction Job Number 06320 Subject: Partial Dewatering Permit Building Permit # B06-0196 Dear Tom: Layton IL CONSTRUCTING WITH INTEGRITY We are in receipt of your email dated January 3, 2007 and offer the following in response: 1. Dewatering work schedule - Enclosed. 2. Traffic control plan - No traffic control will be needed for mobilization of the drill rigs. 3. Updated dewaterina plan - Enclosed. Plans have been modified to show Discharge Line #2 connecting to Discharge Line #6 and flow to Spraddle Creek. Please do not hesitate to call me at (801) 563-4360 with questions and/or concerns. Respectfully, La ton Construction Company Doug Carley } Project Manager Enclosure DC/dc Cc: Dave Brooks Mark Reed ®r"(~.-AT.-w Layton Construction Company, Inc. 9090 South Sandy Parkway Sandy, UT 84070 801.568.9090 Fax 801.569.5450 www.laytoncompanies.com