HomeMy WebLinkAboutPACKET Town Board 2022-11-22The Mission of the Town of Estes Park is to provide high‐quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, November 22, 2022
7:00 p.m.
In Person Meeting – Mayor, Trustees, Staff and Public
ADVANCED PUBLIC COMMENT
By Public Comment Form: Members of the public may provide written public comment on a specific
agenda item by completing the Public Comment form found at
https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m.,
Thursday, November 22, 2022. All comments will be provided to the Board for consideration during
the agenda item and added to the final packet.
REMOTE PUBLIC PARTICIPATION WILL NO LONGER BE AVAILABLE IN 2023
REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING
Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar
which will be moderated by the Town Clerk’s Office. Instructions are also available at
www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”.
Individuals participating in the Zoom session should also watch the meeting through that site, and not
via the website, due to the streaming delay and possible audio interference.
CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040
ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040.
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated November 8, 2022, Town Board Study Session Minutes
dated November 8, 2022, and Town Board Special Study Session Minutes dated
November 10, 2022.
3. Estes Park Board of Adjustment Minutes dated September 13, 2022 (acknowledgment
only).
4. Estes Park Planning Commission Minutes dated September 20, 2022 and Study
Session Minutes dated October 18, 2022 (acknowledgment only).
Prepared 11-10-2022
*Revised 11-18-2022
Page 1
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
5. Family Advisory Board Minutes dated September 1, 2022 and Special Meeting
Minutes dated September 27, 2022 (acknowledgment only).
6. Appointment of Chris Pawson to the Estes Park Planning Commission to Complete the
Term of Janene Centurione Expiring March 31, 2028.
7. Resolution 96-22 Intergovernmental Agreement with the State of Colorado Department
of Local Affairs for a Grant to support Broadband Initiative Planning and
Implementation.
8. Resolution 97-22 Setting the Public Hearing for A New Lodging and Entertainment
Liquor License Application for Estes Park Catering LLC dba Jubilations Catering.
ACTION ITEMS:
1. RESOLUTION 95-22 CONSTRUCTION CONTRACT WITH DIETZLER
CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF THE FALL
RIVER TRAIL EXTENSION. Engineer Bailey.
Staff is seeking approval of the construction contract in the amount of $3,220,674.38
for the next 0.5-mile-long segment of the Fall River Trail. Construction costs will be
offset by two previously awarded grants, totaling approximately $1.4 million.
ADJOURN.
*
*
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Town of Estes Park, Larimer County, Colorado, November 8, 2022
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 8th day of November, 2022.
Present: Wendy Koenig, Mayor
Scott Webermeier, Mayor Pro Tem
Trustees Marie Cenac
Kirby Hazelton
Barbara MacAlpine
Patrick Martchink
Cindy Younglund
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Kimberly Disney, Recording Secretary
Absent: None
Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited
the Pledge of Allegiance.
YEARS OF SERVICE RECOGNITION.
Mayor Koenig recognized staff which met service milestones with the Town, including
Deb Holgorsen and Tonya Ziegler – 15 years; Kimberly Disney, Talia Filsinger, Mikaela
Fundaun, Laura Garcia, David Hook, Karen Johnson, Maria Jonoska, and Jeffrey Woeber
–5 Years. Additionally, the Town Board recognized Town Administrator Machalek for his
service during the COVID-19 Emergency Declaration from March 19, 2020 to October 31,
2022, as well as the October 2020 wildfire evacuation.
AGENDA APPROVAL.
It was moved and seconded (Hazelton/Younglund) to approve the Agenda, and it
passed unanimously.
PUBLIC COMMENTS.
None.
TRUSTEE COMMENTS.
Trustee comments were heard and have been summarized: Several Trustees attended
the annual Día de los Muertos event. The Estes Park Board of Adjustment met and
approved a variance request for a Cleave Street business. The Estes Park Planning
Commission would be held November 15, 2022 to review the final Comprehensive Plan.
The Larimer County Behavioral Health Policy Council met and elected Commissioner
Shadduck-McNally as the new chair and received a presentation from the CSU Social
Work – Yarrow Collective and The Family Center. The Regional Air Quality Council met
and reviewed the budget and support options for individuals and local municipalities. The
Parks Advisory Board reported completion of the 2021-2022 goals and have begun
identifying 2023 goals. Family Advisory Board listening sessions would begin November
13, 2022 with interaction limited to 20 people. Blue Santa has begun and the last day for
donations would be December 4, 2022. The Economic Development Corporation met and
discussed the Estes Park High School Business & Management Class second-hand
clothing fundraiser and the need for a code development committee.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek thanked the Town Board for their recognition and
acknowledged staff and other entities for their efforts during the COVID-19 Emergency
Declaration and October 2020 wildfires.
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Board of Trustees – November 8, 2022 – Page 2
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated October 25, 2022.
3. Parks Advisory Board Minutes dated September 15, 2022 (acknowledgement
only).
4. Transportation Advisory Board Minutes dated September 21, 2022
(acknowledgement only).
5. Resolution 87-22 Intergovernmental Agreements with the Estes Valley Fire
Protection District and Park Hospital District dba Estes Park Health for Dispatch
Services.
6. Appointment of Phil Frank to the Estes Park Housing Authority to complete the
term of Dan Centurione, expiring April 30, 2024.
It was moved and seconded (Webermeier/MacAlpine) to approve the Consent
Agenda, and it passed unanimously.
ACTION ITEMS:
1. RESOLUTION 91-22 DECLARING THE TOWN OF ESTES PARK’S DECISION TO
DECLINE ALL PARTICIPATION IN THE COLORADO PAID FAMILY AND
MEDICAL LEAVE INSURANCE PROGRAM (FAMLI). Mayor Koenig opened the
public hearing and Director Williamson presented Resolution 91-22 to formally
decline the Town’s participation in the FAMLI program. She highlighted the history
of the insurance program, its components, associated costs, timeline for the
program, level of employee interest in the program, and advantages and
disadvantages of the Town opting into or out of the program. The Board discussed
how often the Town would need to declare its participation, financial impacts to the
employees and the Town, and the ability of the Town to opt out. Mayor Koenig closed
the public hearing and it was moved and seconded (Younglund/Martchink) to
approve Resolution 91-22, and it passed unanimously.
2. PUBLIC HEARING – 2023 BUDGET.
Mayor Koenig reopened the public hearing continued from October 25, 2022.
Director Hudson presented the proposed 2023 budget of approximately $87 million.
The budget outlines the intended uses of the Highway User Trust Fund revenues
received from the State of Colorado estimated at $277,106, used to offset costs in
the Streets division of Public Works. Resolution 88-22 would set the mill levy for
2023 at 1.822 mills for a total of approximately $454,394 in property tax revenues.
Resolution 89-22 would adopt the 2023 budget as presented. Resolution 90-22
would appropriate sums of money to be expended as outlined in the proposed
budget. The 2023-2027 Capital Improvement Plan would provide guidance to the
Board, staff, and citizens on upcoming projects and funding needs. Mayor Koenig
closed the public hearing and it was moved and seconded (Webermeier/Cenac) to
approve the Highway User’s Trust Fund for expenditures for striping, snow
plowing, traffic signs, street lights, and other related road and street costs as
proposed for 2023, and it passed unanimously.
It was moved and seconded (Webermeier/Younglund) to approve Resolution 88-
22, Resolution 89-22, and Resolution 90-22, and it passed unanimously.
It was moved and seconded (Hazelton/Younglund) to approve the Capital
Improvements Plan for 2023-2027, and it passed unanimously.
3. CHANGE ORDER AND CONTRACT AMENDMENT FOR CLEAVE STREET
IMPROVEMENTS WITH KIMLEY-HORN AND ASSOCIATES FOR $250,000
BUDGETED. Engineer Bailey presented the Change Order and Contract
Amendment with Kimley-Horn and Assoiciates. He highlighted the history of the
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Board of Trustees – November 8, 2022 – Page 3
project, new redevelopment proposals along Cleave Street, community outreach,
the increased costs of $235,000, and scope updates for Cleave Street
Improvements. The Board discussed the project completion date and it was moved
and seconded (Younglund/Hazelton) to approve Change Order No. 7 and
Contract Amendment No. 1 to the Professional Services Contract with Kimley-
Horn and Associates, Inc. for design and engineering of the Cleave Street
Improvements project, and it passed unanimously.
4. ORDINANCE 18-22 EXPANDING THE BOARD OF COMMISSIONERS OF THE
ESTES PARK HOUSING AUTHORITY. Mayor Koenig opened the public hearing
and Town Attorney Kramer presented Ordinance 18-22 to expand the Estes Park
Housing Authority Board of Commissioners. He highlighted the request for
membership increase previously submitted by the Board of Commissioners, and
current membership restrictions.
Estes Park Housing Authority Board of Commissioner Chair Blackhurst thanked the
Town Board for their consideration of the Ordinance and stated the intention of the
expansion would be to allow for different demographics on the board.
The Board discussed posting requirements for available positions, the interviewing
process, and term lengths. Mayor Koenig closed the public hearing and it was
moved and seconded (Hazelton/Martchink) to approve Ordinance 18-22, and it
passed unanimously.
5. 2023 STRATEGIC PLAN ADOPTION.
Town Administrator Machalek presented the 2023 Strategic Plan and highlighted the
Strategic Planning Sessions held May 17, 2022 and June 13, 2022, and minor
changes since the last planning session including: moving Outstanding Community
Services Goal 8.A to the Infrastructure Outcome Area in order to group it with similar
efforts; adding more specific dates to Transportation Objective 7.A.1; and adding
more specific dates to Transportation Objective 7.B.1. It was moved and seconded
(Younglund/Hazelton) to approve the 2023 Strategic Plan, and it passed
unanimously.
Town Clerk Williamson announced the preliminary 2022 Coordinated Election results with
63% in favor of Ballot Issue 6E.
Whereupon Mayor Koenig adjourned the meeting at 7:58 p.m.
Wendy Koenig, Mayor
Kimberly Disney, Recording Secretary
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Town of Estes Park, Larimer County, Colorado November 8, 2022
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 8th day of November, 2022.
Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Cenac, Hazelton, MacAlpine, Martchink, and Younglund
Attending: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Hazelton, MacAlpine, Martchink, and Younglund
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer, Town Clerk Williamson
and Deputy Town Clerk Beers
Absent: Trustee Cenac
Mayor Koenig called the meeting to order at 5:30 p.m.
DOWNTOWN ESTES LOOP UPDATE.
On July 26, 2022 the Board approved an amendment to the memorandum of agreement
and reimbursable agreement for the Downtown Estes Loop to increase the Town’s local
match funding by $500,000. This increase was intended to allow for competitive bidding
of the construction work. Neil Ogden, Central Federal Lands Project Manager and
Agency member provided an overview of the bid process for the project. He stated the
advertising was expanded from a traditional four-week process to a five-week process
where two completed bids were received. Bids reflected higher cost than the engineer
estimate. He stated completion of the Downtown Estes Loop project requires an
additional $1 million in local match funds and factors affecting cost difference included:
unprecedented construction cost index; workforce and supply chain, availability of
materials, project proximity and complexity, maintenance of traffic and seasonal closure
restrictions, and specialized work items with limited cost data. He reviewed project
options including: Option 1 – terminate further work on the project, Option 2 - cancelling
the current solicitation and readvertising in six to twelve months or Option 3 - confirm
bid results and move into construction early 2023. The conditional letter of map revision
has been approved and FEMA has cleared the project to commence construction. He
stated the notice to proceed for construction could begin December 1, 2022, and the
proposed contract completion would be December 15, 2024. Director Muhonen
reviewed the condition of existing infrastructure needs which would be addressed
through the project. He acknowledged the impacts of a 24-month construction project in
the middle of the downtown corridor. He requested direction from the Board to consider
the increase in local match funding and the consideration of a special meeting for
further discussion and Board determination.
Board questions have been summarized: Whether partner agencies for the project have
investigated coordinating opportunities with Rocky Mountain National Park (RMNP) to
manage traffic; questioned if bids reflect high differences historically; whether the
agency could confirm no additional funding request would occur over the course of the
project; if the Town would be committed to select a bid if the project is readvertised in
six to twelve months; what safeguards exist if the project goes over costs; inflation
figures and confidence in their adequacy; what happens to the properties acquisitioned
as part of the project; and the Board discussed the impacts of the RMNP permitting
system and paid parking on traffic to and from the Park. Clarification was requested
regarding the sources of the additional funding request and how the Board determines
priorities. The Board questioned the cost of a special election to which Town Clerk
Williamson anticipated approximately $30,000-$35,000. The Board was in agreement to
arrange a special meeting on November 17, 2022 to discuss options and allow public
comment.
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Town Board Study Session – November 8, 2022 – Page 2
FRACTIONAL OWNERSHIP CODE AMENDMENT.
Town Clerk Williamson stated fractional ownership properties are increasing across the
nation. Fractional ownership typically involves multiple buyers of a single property with
each owner holding an equal part of the title. She reviewed the typical homes used for
fractional ownership and reviewed differences between fractional ownership and
timeshares. Community impacts included: neighborhood complaints for noise, unknown
visitors/guests, and trash; additional vacation home rentals in residential areas; buying
up segments of the community; construction of additional units versus building
workforce housing units; and increase in housing costs. She stated there are fractional
ownership properties being advertised as short-term rentals in unincorporated Larimer
County. The difference between a time-share and fractional ownership was identified as
the owned equity of a fractional ownership versus the rented time of a timeshare
property. Staff stated concerns properties would attempt to find a way to have a
vacation home in a residential area this fractional ownership. There are different
rentable models which staff may not have identified. Staff would recommend
compliance monitoring through the Town’s third-party vendor. Staff would bring forward
code amendments in December 2022 which could include regulations for fractional
ownership with Board direction. Attorney Kramer provided ownership information on
these properties stating an LLC owns the home and people can purchase a portion of
the LLC which has changed the dynamics of communities. He suggested treating
fractional ownership properties in residential homes like vacation homes because they
have relatively similar impacts. Timeshares could be included in the regulations if they
are in a residential dwelling unit which both require licenses. The Board directed staff to
bring forward an ordinance at a future meeting.
ZOOM PUBLIC PARTICIPATION OPTION.
Town Clerk Williamson provided background on the use of Zoom Webinar during
Town Board meetings which began on March 24, 2020, due to the Declaration
of Local Emergency related to COVID-19. Ordinance 04-20 outlined holding
emergency meeting and virtual participation by the Board. Upgrades to the Zoom
account occurred over this time to expand the number of individuals who could
participate, incorporate sub accounts for department and advisory board use, and
adding a toll-free number to remove financial barriers to endure public participation
during meetings. Use of the platform by the public to provide public comment has
been minimal. Staff outlines three options for the Board to consider regarding the use
of Zoom Webinar moving forward: Option 1 – continue using Zoom Webinar to allow
for remote public participation and comment during Town Board meetings and
allow remote participation for staff and consultants; Option 2 – use Zoom Webinar
on an as needed basis for remote public participation for high public interest agenda
items; or Option 3 – discontinue the use of remote public participation. Staff
identified value in consultants participating remotely which could continue through
the use of Google Meet if needed and scheduled in advance. Staff recommended
phasing out of the use of Zoom through the end of the year. The Board was in
agreement to move forward with Option 3 with public outreach on the change.
TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS.
Mayor Koenig stated Trustee Talk sessions have resumed and requested Board
commitment to sit sessions every three months to which the Board was in agreement.
FUTURE STUDY SESSION AGENDA ITEMS.
Town Administrator Machalek requested and it was determined to schedule a
discussion about the Planning Division Review Deposit Fees, Cleave Street
Improvements Draft Design and the Sunset reviews of the Parks Advisory Board and
Transportation Advisory Board for December 13, 2022.
There being no further business, Mayor Koenig adjourned the meeting at 6:37 p.m.
Bunny Victoria Beers, Deputy Town Clerk
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Town of Estes Park, Larimer County, Colorado November 10, 2022
Minutes of a Study Session meeting of the TOWN BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the
Board Room in said Town of Estes Park on the 10th day of November,
2022.
Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees
Cenac, Hazelton, MacAlpine, Martchink, and Younglund
Attending: All
Also Attending: Town Administrator Machalek, Assistant Town Administrator
Damweber, Town Attorney Kramer, and Town Clerk
Williamson
Absent: None
Mayor Koenig called the meeting to order at 4:00 p.m.
WORKFORCE HOUSING REGULATORY LINKAGE FEE DISCUSSION.
Town Clerk Williamson reviewed the implementation of the fee with notices to be sent to
all vacation home licensees in December and the fee due by January 31. Board
discussion followed with comments summarized.
Mayor Koenig suggested the linkage fee be paused as a number of things have
changed since the fee was adopted in March 2022, including the voter approved Ballot
Issue 6E and Proposition 123 to provide funding for housing. She recommended an
abeyance of the ordinance/fee in 2023 be considered at the next Town Board meeting
to allow the new voter approved funds to be collected in 2023, and allow staff time to
develop a detailed plan for the funds prior to collecting the linkage fee.
Trustee Younglund commented the approval of the linkage fee was based on the need
for a funding source to address the lack of workforce housing and not for a need for a
certain dollar amount. The Board vote was further predicated on the need for additional
funding sources. She presented a chart that demonstrated an increase in lodging tax
collected by vacation homes since 2015, with 2022 estimated at over 45% of all lodging
taxes collected. She stated accommodations do not have an impact on workforce
housing units unlike vacation homes, especially those in residential zoning areas.
Trustee Martchink agreed and stated he would not support eliminating a funding source
to address the housing issue with a fee that was developed with the completion of a
legally defensible study. The impact on the individual property owners would be
minimal and was anticipated as a pass on fee to the end user. There are plans that
could be implemented, however, there are not funds to move them forward. Trustee
MacAlpine further agreed with moving forward with the linkage fee to begin addressing
the housing issue.
Mayor Pro Tem Webermeier stated he would be in favor of removing the ordinance
because the fee as set has inherent inequities. Not all vacation homers are the same
size but the fee established a one size fits all. The fee impacts vacation homes in the
town limits but not those in the unincorporated Estes Valley. He further commented
seconds homes may impact the availability of housing just as much as vacation homes.
He views the fee as a punitive measure to one segment of the community.
Trustee Cenac commented there are a number of issues with short term rentals that
impact the community such as the inequity between residential and commercial
property taxes, the transferability of vacation home licenses, and the licenses are held
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Town Board Study Session – November 10, 2022 – Page 2
by property owners to increase the value of their homes and do not actually rent their
property. She stated concern with the fee as she sees it as a tax; the inequity for small
to large homes; and in town versus county properties. She commented the only way to
address the issue would be through a vote on an impact fee.
Trustee Younglund commented she has built the fee into her nightly vacation home fee
just as she has with other fees, utilities, advertising fees, etc. As we consider the impact
of the fee on the constituents, she stated we need to also address constituents needs
for workforce housing. She stated the January linkage fees collected could be used to
address a number of items already outlined by staff to begin addressing the housing
issue.
Trustee Hazelton stated she can see both sides and the need for housing by the
constituents. She noted the Board owns the decisions of previous votes and Board
decisions. She stated she would like to have the discussion with the community.
Trustee Cenac commented the previous vote approving the linkage fee was based on
the study which has not changed, and she does not view that enough has changed to
reconsider the Board’s previous vote. Trustees Hazelton, Martchink and Younglund
agreed stating the circumstances around the funding sources and the study has not
changed; the vote was based on the study and a legally defensible fee; ample thought
and discussion has taken place on the issue; and the fee should be a pass-through
expense to the end user.
After further discussion, the Board consensus was to move forward with the
implementation of the workforce housing regulatory linkage fee in 2023.
There being no further business, Mayor Koenig adjourned the meeting at 5:34 p.m.
Jackie Williamson, Town Clerk
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Town of Estes Park, Larimer County, Colorado, September 13, 2022
Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the
Town of Estes Park, Larimer County, Colorado. Meeting was held virtually in said Town
of Estes Park 13 day of September 2022.
Committee: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board
Member Joe Holtzman
Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman,
Community Development Director Jessica Garner, Senior
Planner Jeff Woeber, Town Attorney Dan Kramer, Recording
Secretary Karin Swanlund, Town Board Liasion Barbara
MacAlpine
Absent: none
Vice-Chair Newsom called the meeting to order at 9:00 a.m.
APPROVAL OF AGENDA
It was moved and seconded (Holtzman/Newsom) to approve the agenda. The motion
passed 3-0.
APPROVAL OF CONSENT AGENDA
It was moved and seconded (Holtzman/Newsom) to approve the Consent Agenda. The
motion passed 3-0.
APPEAL-Use of shipping containers 280 North Court Director Garner
Chair Moreau recused himself from the Board for this item as he was the appellant.
Jeff Moreau, appellant, requested a review of the Estes Park Development Code (EPDC)
to determine if shipping containers are allowable accessory structures for outdoor storage
in a residential area.
The property owners at 280 North Ct submitted an application for a building permit in
March 2022 to store two 8'x20' shipping containers on the property. The containers are
in addition to one 90.4-square-foot storage shed listed on the survey. The Planning and
Building Divisions approved the permit on March 31, 2022. The property owners own
and operate a T-shirt shop in Estes Park. According to the owners, the shipping
containers are on the site to store overstocked items from their store and personal items
from the primary dwelling.
Director Garner requested the appeal be dismissed and introduced Town Attorney
Kramer to explain.
Attorney Kramer explained that an appeal could only be made within 30 days of the permit
being issued. Since the permit was issued on March 31, 2022, and the appeal wasn't
applied for until July, the Board of Adjustment is not the proper place to hear this. Attorney
Kramer requested the appeal be dismissed by the Board of Adjustment and asked the
appellant to bring the appeal to the Community Development Department.
Member Holtzman asked why this information was just being brought to the Board.
Attorney Kramer answered that he was aware of the situation but unaware of the date of
the permit issuance until recently.
It was moved (Newsom) to dismiss the appeal to not allow shipping containers in a
residential Zoning District for the subject property addressed as 280 North Ct. in the Town
of Estes Park. The motion failed due to a lack of a second; therefore, the appeal was
closed.
VARIANCE REQUEST 445 Skyline Dr Senior Planner Woeber
Senior Planner Woeber reviewed the staff report. The applicant requests approval of
a variance to allow a reduced rear setback of zero feet (0') in lieu of the 15 feet required
and side setbacks of 0 feet and 4.2 feet in lieu of the 10 feet required in the R-1
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Board of Adjustment, September 13 , 2022 – Page 2
(Residential) Zone District under Section 4.3.C.4. of the Estes Park Development
Code (EPDC).
An Improvement Survey showed the patio encroached slightly over the property line,
approximately 4 inches. While this portion was reconstructed, the zoning violation for
setbacks remained. The block wall/patio was on the property line on the south and the
west (a zero-foot side setback and rear setback, respectively).
Staff recommended approval of the proposed variance described in the staff report, with
setbacks consistent with the Improvement Survey Plat.
DISCUSSION:
The history of property setbacks and plats was reviewed at the request of Chair Moreau.
Member Holtzman stated that the alleged drainage problems need to be addressed and
fixed.
Property owner Glen Schultz described the history of purchasing the house. The house
was a cash purchase; therefore, a bank survey did not happen. He was made aware that
there might be a property line issue the day before closing. The previous owner indicated
that 'patios did not need permits at one point in time'. The encroachment onto the
adjacent property has been fixed. There were "pop-up" drains off the gutter system, which
were moved onto his property when the encroachment was fixed. To his knowledge, the
patio drainage does not drain onto the neighbor's property. Regarding the noise issue,
they have been on the property less than six times; however, the Discovery Lodge is right
there as well, with 100+ rooms making noise.
PUBLIC COMMENT:
Marcia Rothschild, neighbor, reviewed her concerns about the patio, confirming that the
Board received and viewed her submitted video. Comments summarized: She lived in
Los Angeles in 2016-17 when the deck was constructed and assumed a permit was
issued. The "Development Proposal Under Review" sign for this meeting was not placed
in a visible spot. The drainage has caused severe erosion in her yard. When a property
changes hands and the neighbor has an issue with something, it should be moved to an
urgent matter. The encroachment issue was disputed with the building department prior
to the house being sold. Someone other than the building department should have been
made aware of the dispute to keep the final decision from being biased. Was unable to
afford a survey of the property. Has offered over $7,000 to the Schultz' for the patio to
be removed from the setback.
The following people spoke on behalf of Ms. Rothschild's concerns: Marni Shymkus,
Michael Bodman, Madison Rothschild, Cynthia Elkins, Jacob Barleen, Morgane Barleen,
Cathy Lewis, Bontiea Goss, Rosemary McArthur
Chair Moreau closed the public comment and asked if the Board had any additional
comments. Holtzman reminded him that the alleged drainage problem had not been
addressed, which Moreau said he would address in a moment.
Moreau stated that given that the previous owners would not have been able to receive
a building permit to elevate the area and place a patio at the property, it was his
understanding that even if you were building it on-grade and not elevating the patio, that
it could not be any closer than three feet to the property line. Minimally, the patio should
be brought back to the six-foot edge of the southwest corner and at a maximum (sic) the
legal setback distance. This should not be allowed to remain, ignorance of the code is
not an excuse, and we ought not to approve the variance.
It was moved and seconded (Newsom/Holtzman) to deny the patio variance request
for a rear setback of 0 feet and side setbacks of 0 feet at the south property line due to
no original permit. It does not meet the setbacks, and no permit was applied for. Had
they gone through the steps, there was no reason to have not been in compliance.
It was moved and seconded (Moreau/Holtzman) to approve the 4.2-foot shed variance
at the north property line for the subject property addressed as 445 Skyline Drive in the
Town of Estes Park.
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Board of Adjustment, September 13 , 2022 – Page 3
Both motions passed 3-0.
REPORTS
The Comprehensive Plan is nearly finalized, with an anticipated date of bringing it to the
Planning Commission in November and the Town Board in December.
It was decided to abolish moving meeting dates after a Monday holiday to the following
week starting in 2023.
There being no further business, Chair Moreau adjourned the meeting at 10:40 a.m.
Jeff Moreau, Chair
Karin Swanlund, Recording Secretary
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Town of Estes Park, Larimer County, Colorado, September 20, 2022
Minutes of a Regular meeting of the ESTES PARK PLANNING
COMMISSION of the Town of Estes Park, Larimer County, Colorado.
Meeting held in said Town of Estes Park on the 20 day of September 2022.
Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson
Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Elkins,
Commissioner Hanson, Director Jessica Garner, Senior
Planner Jeff Woeber, Recording Secretary Karin Swanlund,
Town Attorney Dan Kramer, Town Board Liaison Barbara
MacAlpine
Absent: none
Chair Comstock called the meeting to order at 1:30 p.m.
AGENDA APPROVAL
It was moved and seconded (Hanson/Heiser) to approve the agenda. The motion
passed 4-0.
PUBLIC COMMENT none
CONSENT AGENDA APPROVAL
It was moved and seconded (Heiser/Hanson) to approve the consent agenda. The
motion passed 4-0
ACTION ITEMS
1. Rezone 1754 Fish Hatchery Senior Planner Woeber
The Town proposes to rezone 21.8 acres of the total site's 68 acres from
Accommodations (A-1) to Residential multi-family (RM). This item is the first step
in the entitlement process to establish the Town's workforce housing project. The
current A-1 Zoning does not allow for multi-family use. RM is the only Zoning
District in the Estes Park Development Code (EPDC) that allows the necessary
density bonus and incentives for workforce housing, including an allowance to
increase the building height from 30 feet to 38 feet and double the density from
eight units per acre to 16 units per acre. Staff recommended the Planning
Commission forward a recommendation of approval to the Town Board.
DISCUSSION: Chair Comstock asked why the project details were not discussed
today. Without any visualization of what this will look like, it is hard to make a
decision. The current Comprehensive Plan calls for limited development on this
site. Vice Chair Heiser stated that he feels that this is the appropriate type of use
for this property. Director Garner cautioned that there are numerous allowed uses
in the current A-1 zoning, which are not much different from the requested RM
zoning.
Applicants from America West were present to explain the concept and reason for
the rezoning. All of the studies related to the development plan, and the plan itself,
will come after the approval of the rezoning.
PUBLIC COMMENT:
Karen Cherman, Rod Morten, and Sandy Cherman, town residents, thanked Chair
Comstock for his questions and concerns. All agreed that this project's impact,
due to the number of people, vehicles, and traffic and how it will affect wildlife, is a
considerable concern.
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Planning Commission – September 20, 2022 – Page 2
Scott Moulton, director of the Housing Authority, encouraged the board to look at
this as a rezoning only, noting that several steps are yet to come.
The applicant noted that the units would be mostly 1 to 2-bedroom, probably
unsuitable for families, thus lowering vehicle use.
Assistant Town Administrator Jason Damweber stated that the number used, 190
units, is based on the site's utility allotment (water).
It was moved and seconded (Heiser/Hanson) to forward a recommendation of
approval to the Town Board of Trustees of the Zoning Map Amendment application,
to rezone 21.8 acres from A-1 to RM, according to findings of fact recommended
by Staff. The motion passed 3-1, with Chair Comstock voting no. Comstock stated
that his no vote is due to the unknowns and would like to have seen a Development Plan
submitted.
2. Conditional Use Permit 460 Valley Road Senior Planner Woeber
The applicant proposes one structure with a detached garage and an Accessory
Dwelling Unit (ADU) on the upper level. The garage would be 800 square feet,
and ADU would be 712 square feet in size. The structure would be located directly
north of the existing residence.
DISCUSSION:
Lonnie Sheldon, engineer, clarified that this Conditional Use Permit is directly
related to use with an ADU.
Owners Stan and Mary Peterson stated that this would not be used as a short-
term rental but for long-term workforce housing. They are summer residents that
live in the main structure.
PUBLIC COMMENT:
Karen Cherman suggested the Town use incentives to promote more ADU
projects.
It was moved and seconded (Hanson/Heiser) to approve the Conditional Use Permit
application, according to findings recommended by Staff. The motion passed 4-0.
3. Development Plan Twin Owls Motel Senior Planner Woeber
The Applicant proposes two new buildings totaling 21,054 square feet with 62
rooms and eight new cabins totaling 2800 square feet to total 110 rooms
throughout the site. The project will involve upgrades to water, wastewater and
electric infrastructure, additional access, internal circulation, parking areas, and
landscaping. Staff recommended approval of the Development Plan.
DISCUSSION:
Michael Weiss, Castle Peak Holdings, presented a slide show summary showing
the plans for upgrading the motel. The exterior footprint will stay the same, but the
interior will be fully rehabbed.
Heiser asked about the setbacks for parking lots in section 7.11.F and whether the
trash enclosure is allowed in the setbacks.
Architect Marissa Ritchen said they would double-check on the landscape and
parking.
David Bangs, Trail Ridge Engineering, noted that more clarity is needed with some
minor tweaks related to the parking setbacks and feels this is a minor issue that
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Planning Commission – September 20, 2022 – Page 3
can be resolved. It shouldn't hold up the process of approving this Development
Plan. Director Garner stated that it could be addressed administratively, and
Attorney Kramer noted it could be approved with conditions.
Moira Terry noted that the site's address has been discussed and may be changed
to Stanley Avenue by the time the Certificate of Occupancy is issued. Engineer
Bangs stated that Stanley Avenue is being used for the front setback.
Commissioner Hanson questioned the additional traffic flow onto St. Vrain from
Stanley Avenue. Director Garner stated that hotel-use traffic is not the same as
office or rush-hour use. Engineer Jennifer Waters discussed the traffic impact
study done in November of 2021 did not warrant a traffic signal. This traffic count
used the July 2019 peak traffic count from CDOT to make their findings.
New connections to the sidewalk are being placed. The "social trail" on the North
side of the property is in the CDOT right-of-way and is their responsibility.
PUBLIC COMMENT:
Marina Connors, 650 Highland Lane, brought up inconsistencies in documents
available for review. The drainage report from the previous plan has a discrepancy
in the impervious coverage area. The traffic report should be conducted at a busier
time.
Richard Ralph, town resident, did not feel the landscaping and parking
requirements were being met.
Dick Mulhern, 131 Stanley Circle Drive, thinks this project will improve the area
and thanked the developers.
Liz Mulhern,131 Stanley Circle Drive, shared concerns with the lot south of the
motel and expressed hopes of keeping it zoned R2.
David Bangs, Trail Ridge Engineering, responded to comments made by the
public:
This site has minimal drainage infrastructure due to storm pipe flows, impervious
coverages and proximity to the river. The capacities exceed what is required by
quite a bit. A final drainage report will be submitted with final construction plans
and reviewed by town engineers. A new one-way exit will be constructed, which
should help mitigate the traffic on Stanley Avenue. The traffic will have an impact,
but not quantifiable enough to change the classification of the existing intersection,
which is classified as "D" on a scale of A-F.
A summary of the three approved waivers is: keeping the current entrance, a
grade of 15% on the interior driveway, and no curb and gutter on the inside of the
development. (Round three of Public Works comments)
It was moved and seconded (Heiser/Elkins) to approve the Development Plan
application, according to findings recommended by Staff with the following
conditions: plan shall be modified without a reduction in parking spaces provided
to meet all off-street parking buffering requirements of the EPDC as determined by
Staff. The motion passed 4-0.
DISCUSSION ITEMS
There will be joint Planning Commission/CompPac Study Session on October 18 to
discuss the final draft plan before taking it to a public hearing.
There is a Community Event on October 6 at the Community Center starting at 5:30 p.m.
Trustee MacAlpine encouraged all Commissioners to attend this meeting.
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Planning Commission – September 20, 2022 – Page 4
Commissioner Centurione has resigned from the Planning Commission, and her position
will be open to applicants. Director Garner thanked her for her service and contributions
over the last two years.
There being no further business, Chair Comstock adjourned the meeting at 4:25 p.m.
_______________________________
Chair Comstock
Karin Swanlund, Recording Secretary
Page 18
Town of Estes Park, Larimer County, Colorado October 18, 2022
Minutes of a Joint Study Session of the PLANNING COMMISSION of Estes Park and
the Comprehensive Plan Advisory Committee, Larimer County, Colorado. The meeting
was held in the Town Board Room, 170 MacGregor Avenue in said town.
Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser,
Commissioners Joe Elkins, Howard Hanson
Attending: Comstock, Hanson, Heiser, Elkins
CompPac members
Attending: Chuck Cooper, Frank Theis, Karen Thompson, Dave Shirk,
John Schnipkoweit
Also Attending: Director Jessica Garner, Senior Planner Jeff Woeber, Town
Attorney Dan Kramer, Town Board Liaison Barbara
MacAlpine, Recording Secretary Karin Swanlund
Absent: none
Chair Comstock called the meeting to order at 11:30 a.m.
The purpose of this joint Study Session was to review the final draft version of the
Comprehensive Plan. Miriam McGilvray, lead project manager from Logan Simpson,
was in attendance for the review.
Director Garner noted that public comments received earlier today were related to the
Missing Middle memo included in the meeting packet, not associated with the
Comprehensive Plan.
McGilvray reviewed the highlights of the plan process over the past 18 months and the
four chapters that make up the draft Comprehensive Plan. Also reviewed were the
public comments received, both online and from the four in-person meetings that were
held.
A 30-minute lunch break was taken.
CompPac chair Matt Heiser thanked the committee, Town and County Staff, and the
public for their hard work and input during the process. He asked for comments from
the CompPac committee.
No CompPac members commented when given the opportunity.
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Planning Commission Study Session October 18, 2022 – Page 2
Frank Theis relayed a comment from a community member over the frustration at the
lack of opportunity for undocumented community members to participate. Elkins asked
if there was a way to include those people in the 11th hour.
Commissioner Hanson asked about the process going forward, i.e., what happens with
all of the comments, and how the document gets edited when the need arises. Director
Garner stated that public comment closes on October 23 and will be incorporated into
the draft document as necessary. The final draft will be brought before the Planning
Commission on November 15, followed by the Town Board adoption in December.
Larimer County will also review and adopt the Plan.
Dave Shirk, CompPac member, stated that putting more weight on the public comments
that show up last minute does a disservice to the longevity of the work that has been
done. He thanked Chair Heiser for all his time and work keeping order and level head
through this process.
Frank Theis, a member of the Estes Valley Planning Advisory Committee and
CompPac, noted that areas in the County should be looked at for Future Land Use.
For clarification, it was noted that the appendices are adopted with the Plan. Other
documents, i.e., wildlife protection and housing needs study that come along later, will
be adopted as they are ready.
Director Garner mentioned that the Missing Middle study, being worked on by Ayres
Associates, is looking at maximizing density and exploring options on how to make this
happen. The memo included in the packet was intended to update the Planning
Commission and will be brought back for discussion in the future.
Chair Comstock adjourned the Study Session at 1:45 p.m.
Karin Swanlund, Recording Secretary
Page 20
Town of Estes Park, Larimer County, Colorado, September 1, 2022
Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203 of
the Estes Park Town Hall in said Town of Estes Park on the 1st day of
September, 2022.
Committee: Chair Patti Brown, Vice Chair Nancy Almond, Members Debra
Avezzano, Deanna Ferrell, Aleta Kazadi, Laurie Dale
Marshall, Rut Miller, Jessica Moffett, Nicole White, and Sue
Yowell
Also Attending: Town Board Liaison Younglund, Assistant Town Administrator
Damweber, Interim Captain Life and Deputy Town Clerk
Beers
Absent: Vice Chair Almond, Members Avezzano, and Dale Marshall
Chair Brown called the meeting to order at 3:34 p.m.
PUBLIC COMMENT.
None.
LIAISON REPORT.
Trustee Younglund stated Visit Estes Park would consider ballot language for a workforce
housing and childcare lodging tax for the November 8, 2022 General Election. Trustee
Younglund requested clarification on how absences are documented for FAB meetings.
Absences are documented in the minutes and members were encouraged to email Chair
Brown in advance of the meeting for a known absence.
Assistant Town Administrator Damweber stated the Community Resource page on the
Town website was updated based on the recommendations from FAB.
MEETING MINUTES DATED AUGUST 4, 2022.
It was moved and seconded (White/Kazadi) to approve the meeting minutes dated
July 7, 2022, and it passed unanimously.
CHAIR REPORT.
a. Team Building Recap: Chair Brown thanked FAB members for participating in the
event. She would work with the Public Information Office to draft a news release
highlighting the efforts of FAB.
b. Schedule EP Health Termination/Changes in Services Discussion in October:
Chair Brown would attend a public information meeting hosted by EP Health at the
Estes Valley Community Center. Community members have shared grave concern
related to the discontinuation of critical care services at the facility.
c. The ARC of Larimer County Event: Chair Brown to attend an event held at the
Estes Valley Community Center to promote resources available in the community.
d. Fall “Family Listening Sessions”: Chair Brown recommended a special FAB
meeting to discuss the composition of the listening sessions that would focus on
issues in the community. Interest was stated in scheduling a special meeting to
create the makeup of listening sessions in September.
Chair Brown stated Members Dale Marshall and Avezzano resigned from the FAB and
directed staff to post the vacancies.
Interim Captain Life attended interviews for the replacement of the Mental Health
Specialist through SummitStone. More information would be provided when available.
SUBCOMMITTEE REPORTS.
a. Food Insecurity and Homeless Issues: The Police Department has been exploring
partnership opportunities with Crossroads Ministries related to homelessness.
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Family Advisory Board – September 1, 2022 – Page 2
Interim Captain Life stated the Department would be assigning an officer to assist
with homeless issues in the community. Member Yowell questioned whether the
department would be reaching out to youth in the community who are “couch
surfing” and are without permanent housing. Member White stated Crossroads
Ministries continue to explore a Youth Outreach Branch to provide assistance and
services to homeless youth in the community.
b. School and Youth: Member Yowell provided race, gender, language and food
assistance statistics for the Estes Park School District. She stated the school
experienced an increase in the number of Middle and High school students for the
2022-2023 school year. She reviewed 2021-2022 testing proficiency levels and
would provide statistics to the FAB when the school publishes the information. She
stated 209 students utilized The Learning Place tutoring services and discussion
ensued regarding how students are identified for the program. The Learning Place
hosted a luncheon to provide teachers with donated supplies for classrooms which
was successful. The Learning Place, Estes Park Elementary School and
Newcomers Club partnered to create a form for individuals interested in
volunteering at the school.
A September news release would be drafted around mental health resources in the
community with input from organizations such as SummitStone, Estes Valley Investment
in Early Childhood Success, Estes Park School Mental Health Social Worker, Crisis
Advocates, and Estes Valley Restorative Justice.
KEY TAKEAWAYS & FOLLOW UP.
The Estes Chamber of Commerce and Visit Estes Park would host “Estes Next” to gather
workforce housing information from local workers and entrepreneurs. The Board
reiterated/confirmed items discussed, key takeaways and direction provided during the
meeting.
There being no further business Chair Brown adjourned the meeting at 4:40 p.m.
Bunny Victoria Beers, Deputy Town Clerk
Page 22
Town of Estes Park, Larimer County, Colorado, September 27, 2022
Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of
Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203 of
the Estes Park Town Hall in said Town of Estes Park on the 27th day of
September, 2022.
Committee: Chair Patti Brown, Vice Chair Nancy Almond, Members
Deanna Ferrell, Aleta Kazadi, Rut Miller, Jessica Moffett,
Nicole White, and Sue Yowell
Also Attending: Town Board Liaison Younglund and Assistant Town
Administrator Damweber
Absent: Members Deanna Ferrell, Aleta Kazadi, Rut Miller, and
Jessica Moffett
Chair Brown called the meeting to order at 12:01 p.m.
PUBLIC COMMENT.
None.
PLANNING FOR FALL LISTENING SESSIONS
Chair Brown proposed a series of 90-minute listening sessions, limited to approximately
20 participants, to be held in different locations around Town, including Town Hall, the
Estes Valley Library, and Good Samaritan Society – Estes Park Village. Locations may
be limited depending on whether the sessions are to be recorded. Chair Brown expressed
interest in requesting RSVPs so the FAB could anticipate attendance and interested
topics for discussions. She stated feedback from the listening sessions would be used to
create a report to the Town Board.
Discussion has been summarized: Whether to target invitations toward particular
people/groups or to leave sessions open for anyone to attend; limiting attendance; topic-
specific sessions or open the sessions to any feedback; whether sessions would be
recorded; inviting a Spanish-speaking translator to all listening sessions and whether one
session should be specifically for Spanish-speakers.
It was determined Chair Brown would develop a listening session plan and would poll the
FAB for alternate availability in October to continue the discussion. Vice Chair Almond
would create a suggested list of dates and locations for the listening sessions and
members White and Yowell would develop a list of ideas and questions for session topics
for consideration.
There being no further business Chair Brown adjourned the meeting at 1:05 p.m.
Jason Damweber, Assistant Town Administrator
Page 23
Page 24
TOWN CLERK Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jackie Williamson, Town Clerk
Date: November 22, 2022
RE: Appointment of Chris Pawson to the Estes Park Planning Commission to
complete the term of Janene Centurione expiring March 31, 2028.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER Appointment
QUASI-JUDICIAL YES NO
Objective:
To consider the appointment recommended by the interview committee for the Estes
Park Planning Commission.
Present Situation:
The Town Clerk’s Office advertised for a position on the Commission to fill a vacancy.
Two applications were received and interviews were conducted on October 24, 2022.
The interview committee consisted of Mayor Koenig and Trustee MacAlpine with
Community Development Director Garner and Planning Commission Chair Comstock
also present to provide feedback and answer questions from the applicants.
Proposal:
The interview committee recommends the appointment of Chris Pawson to complete a
term expiring March 31, 2028.
Mr. Pawson is new to Estes Park. He has a degree in Mechanical Engineering and
professional experience as a general manager, commercial and industrial jobsite
management and business sales management.
Advantages:
Filling the vacancy would complete the five-member Commission.
Disadvantages:
If the appointment is not made, the position would remain vacant until the position could
be re-advertised and interviews conducted.
Page 25
Action Recommended:
Appoint Chris Pawson to the Estes Park Planning Commission to a term expiring March
31, 2028.
Finance/Resource Impact:
None.
Level of Public Interest
Low.
Sample Motion:
I move to approve/deny the appointment of Chris Pawson to the Estes Park Planning
Commission to a term expiring March 31, 2028.
Attachments:
None.
Page 26
UTILITIES Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Reuben Bergsten, Utilities Department Director
Linda Swoboda, Utilities Business Manager, Utilities Department
Date: November 22, 2022
RE: Resolution 96-22 Intergovernmental Agreement with the State of Colorado
Department of Local Affairs for a Grant to support Broadband Initiative
Planning and Implementation
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Utilities staff is requesting the Town Board accept the Intergovernmental Agreement
(IGA) from the Colorado Department of Local Affairs (DOLA), Energy and Mineral
Impact Assistance Funds (EIAF) for Broadband Initiative Planning and Implementation
for Trailblazer Broadband Design and Construction.
Present Situation:
The Town Board approved the DOLA EIAF grant application on April 26, 2022, to
support Trailblazer design and middle mile construction in rural areas. The Town was
notified on August 22, 2022, that the grant application submitted was awarded for the
requested amount.
The Town has completed installation of services in what is considered as high-density
areas and now needs to turn its attention to the lower density rural areas which are
more expensive to construct because of distances to reach customers. These rural
areas include Glen Haven, Allenspark and east of Town on US Highway 34.
The grant award also includes preliminary design for unincorporated Larimer County
along US Highway 36 for Pinewood Springs.
Proposal:
This IGA will support the following proposed work:
1. Final design for construction to Glen Haven, Allenspark and on US Highway 34
(east of Town) all within the Utilities Department services area.
Page 27
2. A portion of the construction for installing broadband infrastructure for Glen
Haven, Allenspark and US Highway 34.
3. Preliminary design on US Highway 36 in cooperation with the Colorado
Department of Transportation (CDOT) and their fiber project between Estes Park
and Lyons for potential service Pinewood Springs. This design work does not
obligate the Town to serve this area.
These communities are included in the Estes Park School, Hospital and Library Districts
as part of Estes Valley.
Advantages:
● Approving this IGA will allow us to maintain our current pace of construction by
offsetting increases due to inflation and construction overruns.
● Approving this IGA will support the initial steps required to bring broadband to
unincorporated Larimer County outside the Estes Valley.
Disadvantages:
● A $2.8M match is required; however, the Utilities Department will use budgeted
construction funds to meet this requirement.
● This funding does not support installation to premise.
Action Recommended:
Utilities staff recommends the Board approve Resolution 96-22.
Finance/Resource Impact:
Project name: Trailblazer Broadband Design and Construction for Allenspark, Glen
Haven, East of Town along Hwy 34 and preliminary design for Pinewood Springs along
Hwy 36.
Total project estimated expenses: $4,028,000
Grant amount awarded: $1,190,250
Fund Name: Power and Communication
Project Code: TBDOLA
Budget Account number: 502-7001-580.35-66
Level of Public Interest
The level of public interest will be high for those in these rural areas.
Sample Motion:
I move for the approval of Resolution 96-22
Attachments:
1. Resolution 96-22
2. DOLA EIAF IGA
3. Amendment #1 to DOLA EIAF IGA
Page 28
RESOLUTION 96-22
APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF
COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FOR A GRANT FOR
ESTES PARK BROADBAND PLANNING AND IMPLEMENTATION
WHEREAS, the Town Board desires to enter into the Intergovernmental
Agreement referenced in the title of this resolution for the purpose of supporting the
expansion of fiber-optic-based broadband services within the Town of Estes Park Power
& Communications Enterprise service area.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves this intergovernmental agreement referenced in the title of
this resolution in substantially the form now before the Board. The Board approves, and
authorizes the Mayor to sign, the first amendment to this intergovernmental agreement in
substantially the form now before the Board. The Board approves the agreement and
amendment acting as the governing board of the Town’s Power and Communications
Enterprise.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 29
State of Colorado Intergovernmental Grant Agreement
SUMMARY OF TERMS AND CONDITIONS
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
EIAF-B022
CMS Number
178596
Grantee
Town of Estes Park
Grant Award Amount
$1,190,250.00
Retainage Amount
$59,512.00
Project Number and Name
EIAF B-022 - Estes Park Broadband Planning and
Implementation
Performance Start Date
The later of the Effective Date
or August 31, 2022
Grant Expiration Date
August 31, 2024
Project Description
The Project consists of expansion of fiber-optic-based
broadband services within the Town of Estes Park Power &
Communications Division service area.
Program Name
Energy & Mineral Impact Assistance Program (EIAF)
Funding Source
STATE FUNDS
Catalog of Federal Domestic Assistance (CFDA) Number
N/A
DOLA Regional Manager
Chris La May, (970) 679-7679,
(chris.la.may@state.co.us)
Funding Account Codes
DOLA Regional Assistant
Robert Thompson, (970) 290-2381,
(robert.thompson@state.co.us)
VCUST#
14197
Address
Code CN003 EFT
THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT
DEPARTMENT OF LOCAL AFFAIRS
PROGRAM REVIEWER
_______________________________________________
By: Angie Cue, EIAF Program Manager
Date: __________________________________
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Rick M. Garcia, Executive Director
______________________________________________
By: Rick M. Garcia, Executive Director
Date: _________________________
In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller
Effective Date
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
___________________________________________
By: Beulah Messick, Controller Delegate
Department of Local Affairs
Effective Date:_____________________
EIAF
CTGG1 NLAA 202300002335
Attachment 2
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EIAF B-022 - Estes Park Broadband Planning and Implementation
Page 2 of 10 Version 0717
TERMS AND CONDITIONS
1. GRANT
As of the Performance Start Date, the State Agency shown on the Summary of Terms and
Conditions page of this Intergovernmental Grant Agreement
awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental
Grant Agreement an award of Grant Funds in the amount shown on the Summary
of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant
Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the
terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions
of all Exhibits to this Intergovernmental Grant Agreement.
2. TERM
A. Initial Grant Term and Extension
Intergovernmental Grant Agreement shall
commence on the Performance Start Date and shall terminate on the Grant Expiration Date
unless sooner terminated or further extended in accordance with the terms of this
Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole
discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter showing
the new Grant Expiration Date.
B. Early Termination in the Public Interest
The State is entering into this Intergovernmental Grant Agreement to serve the public interest
of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this
Intergovernmental Grant Agreement ceases to further the public interest of the State or if
State, Federal or other funds used for this Intergovernmental Grant Agreement are not
appropriated, or otherwise become unavailable to fund this Intergovernmental Grant
Agreement, the State, in its discretion, may terminate this Intergovernmental Grant
Agreement in whole or in part by providing written notice to Grantee. If the State terminates
this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an
amount equal to the percentage of the total reimbursement payable under this
Intergovernmental Grant Agreement that corresponds to the percentage of Work
satisfactorily completed, as determined by the State, less payments previously made.
Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out-
of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement
that are incurred by Grantee and are directly attributable to the uncompleted portion of
reimbursements shall not exceed
the maximum amount payable to Grantee hereunder. This subsection shall not apply to a
termination of this Intergovernmental Grant Agreement by the State for breach by Grantee.
C. Reserved.
3. AUTHORITY
Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows:
A. State Authority
Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have
been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110
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EIAF B-022 - Estes Park Broadband Planning and Implementation
Page 3 of 10 Version 0717
(Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof
remains available for payment. Required approvals, clearance and coordination have been
accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement
is funded, in whole or in part, with State funds.
B. Reserved.
4. DEFINITIONS
The following terms shall be construed and interpreted as follows:
A. Reserved.
B. Reserved.
C. CORA means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S.
D. Exhibits Intergovernmental Grant
Agreement:
i. Exhibit B, Scope of Project
ii. Exhibit G, Form of Option Letter
E. Extension Term of time by which the Grant Expiration Date is extended
by the State through delivery of an updated Intergovernmental Grant Agreement, an
amendment, or an Option Letter.
F. Reserved.
G. Reserved.
H. Goods
forth in this Intergovernmental Grant Agreement and shall include any movable material
acquired, produced, or delivered by Grantee in connection with the Services.
I. Grant Expiration Date
and Conditions page of this Intergovernmental Grant Agreement. Work performed after the
Grant Expiration Date is not eligible for reimbursement from Grant Funds.
J. Grant Funds Grant Award Amount means the funds that have been appropriated,
designated, encumbered, or otherwise made available for payment by the State under this
Intergovernmental Grant Agreement.
K. Incident means any accidental or deliberate event that results in, or constitutes an
imminent threat of, the unauthorized access or disclosure of State Confidential Information
or of the unauthorized modification, disruption, or destruction of any State Records.
L. Initial Term between the Performance Start Date and the initial
Grant Expiration Date.
M. Intergovernmental Grant Agreement Grant means this agreement which offers
Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by
reference, all referenced statutes, rules and cited authorities, and any future updates thereto.
N. Reserved.
O. means all funds necessary to complete the Project, excluding Grant Funds.
Grantee is solely responsible for securing all Other Funds.
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P.Party means both the State and Grantee.
Q. Performance Start Date
Date shown on the Summary of Grant Award Terms and Conditions page of this
Intergovernmental Grant Agreement.
R. Reserved.
S. Reserved.
T. Reserved.
U. Project described in Exhibit B, which includes the Work.
V. Project Budget amounts detailed in §6.2 of Exhibit B.
W. Reserved.
X. Reserved.
Y. Services Intergovernmental
Grant Agreement, and shall include any services rendered by Grantee in connection with the
Goods.
Z. State Confidential Information means any and all State Records not subject to disclosure
under CORA. State Confidential Information shall include, but is not limited to State
personnel records not subject to disclosure under CORA.
AA. State Fiscal Rules means the fiscal rules promulgated by the Colorado State Controller
pursuant to §24-30-202(13)(a) C.R.S.
BB. State Fiscal Year means a 12 month period beginning on July 1 of each calendar year and
ending on June 30 of the following calendar year. If a single calendar year follows the term,
then it means the State Fiscal Year ending in that calendar year.
CC. State Records means any and all State data, information, and records, regardless of
physical form, including, but not limited to, information subject to disclosure under CORA.
DD. Reserved.
EE. Subcontractor -parties, if any, engaged by Grantee to aid in performance of
the Work. -grantees.
FF. Reserved.
GG. Reserved.
HH. Reserved.
II. Work
Intergovernmental Grant Agreement.
JJ. Work Product ults of the Work, whether finished or
unfinished, including drafts. Work Product includes, but is not limited to, documents, text,
software (including source code), research, reports, proposals, specifications, plans, notes,
studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys,
maps, materials, ideas, concepts, know-how, and any other results of the Work.
Performance Start
Date that is used, without modification, in the performance of the Work.
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Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall
be construed and interpreted as defined in that Exhibit.
5. PURPOSE
The purpose of the Energy and Mineral Impact Assistance Program is to assist political
subdivisions that are socially and/or economically impacted by the development, processing, or
energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit
B.
6. SCOPE OF PROJECT
Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in
accordance with the provisions of Exhibit B. The State shall have no liability to compensate or
reimburse Grantee for the delivery of any goods or the performance of any services that are not
specifically set forth in this Intergovernmental Grant Agreement.
7. PAYMENTS TO GRANTEE
A. Maximum Amount
Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The
State shall not pay Grantee any amount under this Grant that exceeds the Grant Award
Amount shown on the Summary of Grant Award Terms and Conditions page of this
Intergovernmental Grant Agreement.
i. The State may increase or decrease the Grant Award Amount by providing Grantee
with an updated Intergovernmental Grant Agreement or an executed Option Letter
showing the new Grant Award Amount.
ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or
expense incurred before the Performance Start Date or after the Grant Expiration Date.
iii. Financial obligations of the State payable after the current State Fiscal Year are
contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
B. Erroneous Payments
reason, including, but not limited to, overpayments or improper payments, and unexpended
or excess funds received by Grantee. The State may recover such payments by deduction
from subsequent payments under this Intergovernmental Grant Agreement, deduction from
any payment due under any other contracts, grants or agreements between the State and
Grantee, or by any other appropriate method for collecting debts owed to the State.
C. Matching Funds.
Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the
. Grantee shall appropriate and allocate all Local Match Amounts to
the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting
any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental
Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years,
and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year
debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees,
taxes or penalties of any nature, except as required by Grantee
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D. Reimbursement of Grantee Costs
The State shall reimburse Grantee
amount described in this Intergovernmental Grant Agreement for all allowable costs
described in this Intergovernmental Grant Agreement and shown in the Project Budget in
Exhibit B.
i. Upon request of the Grantee, the State may, without changing the maximum total
amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between
each line of the Project Budget by providing Grantee with an executed Option Letter or
formal amendment.
E. Close-Out and De-obligation of Grant Funds
Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To
complete close out, Grantee shall submit to the State all deliverables (including
documentation) as defined in this Intergovernmental Grant Agreement
reimbursement request or invoice. Any Grant Funds remaining after submission and payment
reimbursement request are subject to de-obligation by the State.
8. REPORTING NOTIFICATION
A. Performance and Final Status
Grantee shall submit all financial, performance and other reports to the State no later than the
end of the close out period described in §7.E.
B. Violations Reporting
Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or
State criminal law involving fraud, bribery, or gratuity violations potentially affecting this
Award.
9. GRANTEE RECORDS
A. Maintenance and Inspection
Grantee shall make, keep, and maintain, all records, documents, communications, notes and
other written materials, electronic media files, and communications, pertaining in any manner
to this Grant for a period of three years following the completion of the close out of this
Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe
all such records
the State determines that an audit or inspection is required without notice at a different time
to protect the interests of the State.
B. Monitoring
Intergovernmental
Grant Agreement using procedures as determined by the State. The State shall monitor
Gra
performance of the Work.
C. Audits
Grantee shall comply with all State and federal audit requirements.
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10. CONFIDENTIAL INFORMATION-STATE RECORDS
A. Confidentiality
Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and
all State Records that the State provides or makes available to Grantee for the sole and
exclusive benefit of the State, unless those State Records are otherwise publically available
at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall
or otherwise disclose to any third party, or permit the use by any third party for its benefit or
to the detriment of the State, any State Records, except as otherwise stated in this
Intergovernmental Grant Agreement. Grantee shall provide for the security of all State
Confidential Information in accordance with all policies promulgated by the Colorado Office
of Information Security (http://oit.state.co.us/ois ) and all applicable laws, rules, policies,
publications, and guidelines. Grantee shall immediately forward any request or demand for
B. Other Entity Access and Nondisclosure Agreements
Grantee may provide State Records to its agents, employees, assigns and Subcontractors as
necessary to perform the Work, but shall restrict access to State Confidential Information to
those agents, employees, assigns and Subcontractors who require access to perform their
obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such
agents, employees, assigns, and Subcontractors sign nondisclosure agreements with
provisions at least as protective as those in this Grant, and that the nondisclosure agreements
are in force at all times the agent, employee, assign or Subcontractor has access to any State
Confidential Information. Grantee shall provide copies of those signed nondisclosure
restrictions to the State upon request.
C. Use, Security, and Retention
Grantee shall use, hold and maintain State Confidential Information in compliance with any
and all applicable laws and regulations in facilities located within the United States, and shall
maintain a secure environment that ensures confidentiality of all State Confidential
Information wherever located. Grantee shall provide the State with access, subject to
security requirements, for purposes of inspecting and monitoring access
and use of State Confidential Information and evaluating security control effectiveness. Upon
the expiration or termination of this Grant, Grantee shall return State Records provided to
Grantee or destroy such State Records and certify to the State that it has done so, as directed
by the State. If Grantee is prevented by law or regulation from returning or destroying State
Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease
to use, such State Confidential Information.
D. Incident Notice and Remediation
If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate
with the State regarding recovery, remediation, and the necessity to involve law enforcement,
as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of
incurring a similar type of Incident in the future as directed by the State, which may include,
but is not limited to, developing and implementing a remediation plan that is approved by the
State at no additional cost to the State.
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11. CONFLICTS OF INTEREST
Grantee shall not engage in any business or activities, or maintain any relationships that conflict in
any way with the full performance of the obligations of Grantee under this Grant. Grantee
acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be
and a ee shall refrain
from any practices, activities or relationships that reasonably appear to be in conflict with the full
Grant. If a conflict or the appearance of a conflict
arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen,
Grantee shall submit to the State a disclosure statement setting forth the relevant details for the
12. INSURANCE
Grantee shall maintain at all times during the term of this Grant such liability insurance, by
commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado
Governmental Immunity Act, §24-10-101, et seq., C.R.S. . Grantee shall ensure that
any Subcontractors maintain all insurance customary for the completion of the Work done by that
Subcontractor and as required by the State or the GIA.
13. REMEDIES
In addition to any remedies available under any Exhibit to this Intergovernmental Grant
Agreement, if Grantee fails to comply with any term or condition of this Grant , the State may
terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State
. The State may also terminate this Intergovernmental Grant
Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased
performing the Work without intent to resume performance, prior to the completion of the Work.
14. DISPUTE RESOLUTION
Except as herein specifically provided otherwise, disputes concerning the performance of this
Grant that cannot be resolved by the designated Party representatives shall be referred in writing
to a senior departmental management staff member designated by the State and a senior manager
or official designated by Grantee for resolution.
15. NOTICES AND REPRESENTATIVES
Each Party shall identify an individual to be the principal representative of the designating Party
and shall provide this information to the other Party. All notices required or permitted to be given
under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in
hard copy or by email to the representative of the other Party. Either Party may change its principal
representative or principal representative contact information by notice submitted in accordance
with this §15.
16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION
Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with
the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of
and otherwise exploit all intellectual property created by Grantee or any Subcontractors or
Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant.
17. GOVERNMENTAL IMMUNITY
Liability for claims for injuries to persons or property arising from the negligence of the Parties,
their departments, boards, commissions, committees, bureaus, offices, employees and officials
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shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C.
§§24-30-1501,
et seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed
or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or
protections of any of these provisions.
18. GENERAL PROVISIONS
A. Assignment
Grant are personal and may not be transferred or
assigned without the prior, written consent of the State. Any attempt at assignment or transfer
without such consent shall be void. Any assig
obligations approved by the State shall be subject to the provisions of this Intergovernmental
Grant Agreement.
B. Captions and References
The captions and headings in this Intergovernmental Grant Agreement are for convenience
of reference only, and shall not be used to interpret, define, or limit its provisions. All
references in this Intergovernmental Grant Agreement to sections (whether spelled out or
using the § symbol), subsections, exhibits or other attachments, are references to sections,
subsections, exhibits or other attachments contained herein or incorporated as a part hereof,
unless otherwise noted.
C. Entire Understanding
This Intergovernmental Grant Agreement represents the complete integration of all
understandings between the Parties related to the Work, and all prior representations and
understandings related to the Work, oral or written, are merged into this Intergovernmental
Grant Agreement. Prior or contemporaneous additions, deletions, or other changes to this
Agreement shall not have any force or effect whatsoever, unless embodied herein.
D. Modification
The State may modify the terms and conditions of this Grant by issuance of an updated
Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds
following receipt of the updated letter. The Parties may also agree to modification of the
terms and conditions of the Grant in either an option letter or a formal amendment to this
Grant, properly executed and approved in accordance with applicable Colorado State law and
State Fiscal Rules.
E. Statutes, Regulations, Fiscal Rules, and Other Authority
Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal
Rule, fiscal policy or other authority shall be interpreted to refer to such authority then
current, as may have been changed or amended since the Performance Start Date. Grantee
shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect
or hereafter established, including, without limitation, laws applicable to discrimination and
unfair employment practices.
F. Digital Signatures
If any signatory signs this agreement using a digital signature in accordance with the
Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of
digital signatures issued under the State Fiscal Rules, then any agreement or consent to use
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digital signatures within the electronic system through which that signatory signed shall be
incorporated into this Agreement by reference.
G. Order of Precedence
In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement
and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference
to the documents in the following order of priority:
i. Any executed Option Letter
ii. The provisions of this Intergovernmental Grant Agreement.
iii. The provisions of any exhibits to this Intergovernmental Grant Agreement.
H. Severability
The invalidity or unenforceability of any provision of this Intergovernmental Grant
Agreement shall not affect the validity or enforceability of any other provision of this
Intergovernmental Grant Agreement, which shall remain in full force and effect, provided
that the Parties can continue to perform their obligations under the Grant in accordance with
the intent of the Grant.
I. Survival of Certain Intergovernmental Grant Agreement Terms
Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a
Party after termination or expiration of the Grant shall survive the termination or expiration
of the Grant and shall be enforceable by the other Party.
J. Third Party Beneficiaries
rs and assigns described above, this
Intergovernmental Grant Agreement does not and is not intended to confer any rights or
remedies upon any person or entity other than the Parties. Enforcement of this Agreement
and all rights and obligations hereunder are reserved solely to the Parties. Any services or
benefits which third parties receive as a result of this Grant are incidental to the Grant, and
do not create any rights for such third parties.
K. Waiver
power, or privilege under this
Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not
operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege
preclude any other or further exercise of such right, power, or privilege.
L. Accessibility
Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of
1973, as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of
Colorado technology standards related to technology accessibility and with Level AA of the
most current version of the Web Content Accessibility Guidelines (WCAG), incorporated
in the State of Colorado technology standards and available at
https://www.w3.org/TR/WCAG21/.
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EXHIBIT B SCOPE OF PROJECT (SOP)
1. PURPOSE
1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist
political subdivisions that are socially and/or economically impacted by the development, processing,
or energy conversion of minerals and mineral fuels.
2. DESCRIPTION OF THE PROJECT(S) AND WORK
2.1. Project Description. The Project consists of expansion of fiber-optic-based broadband services within
the Town of Estes Park Power & Communications Division service area.
2.2. Work Description. The Town of Estes Park (Grantee) will work with a previously hired qualified
contractor to complete expansion of broadband service within the Town of Estes Park Power &
Communications Division service area. Work includes: final design and installation of approximately
15.4 miles of fiber to Glen Haven, approximately 7 miles of fiber east along Highway 34, and
approximately 78 miles of fiber for the Allenspark area. The Allenspark segment will include
approximately five (5) cabinet boundary areas, Glen Haven four (4) cabinet boundary areas, and
Highway 34 two (2) cabinet boundary areas that feed approximately 200 premises per cabinet. Each
cabinet contains several terminals that will service between 4 to 12 premises. Additional Work
includes: preliminary engineering for middle mile fiber to the Pinewood Springs area located
approximately 12 miles from Estes Park, and all the side roadways within the Pinewood Springs area.
Grantee will own and maintain all broadband infrastructure and, in accordance with §9 below, a
contractor will be hired to complete the Work.
2.2.1. During a period of ten (10) years following the date of closeout of the Project by the State, the
Grantee may not change the ownership of the equipment. If the Grantee decides to change the
ownership of the equipment to an entity which the State determines does not qualify in meeting
the original intent of the Project, the Grantee must reimburse to the State an amount equal to the
current fair market value of the equipment, less any portion of the value attributable to
expenditures of non Energy Impact grant funds for acquisition of and improvements to, the
equipment. At the end of the ten (10) year period following the date of completion and
thereafter, no State restrictions on ownership of the equipment shall be in effect.
2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required
documentation to DOLA as specified herein.
2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion.
2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate
Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant.
DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying
with the terms of this Grant.
2.5. Eligible Expenses. Eligible expenses shall include: contracted labor and materials costs and required
testing for the installation of middle mile broadband infrastructure and connections. Grantee shall be
solely responsible for engineering, bonding and insurance costs, bid advertisements, permitting, legal
fees and right-of-way acquisition costs.
3. DEFINITIONS
3.1. Project Budget Lines.
3.1.1.
RFP/bid advertisements, survey work, water/sewer testing fees, electrical inspection and testing
fees, C
3.1.2.
-of-way acquisition costs.
3.2. Substantial Completion Work is sufficiently complete in accordance with the Grant so it
can be utilized for its intended purpose without undue interference.
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4. DELIVERABLES
4.1. Outcome. The final outcome of this Grant is completed expansion of fiber-optic-based broadband
services for faster more reliable broadband services to areas of unincorporated Larimer County.
4.2. Service Area. The performance of the Work described within this Grant shall be located in
unincorporated Larimer County proximate to the Town of Estes Park as described in §2.2 of this
Exhibit B.
4.3. Performance Measures. Grantee shall comply with the following performance measures:
Milestone/Performance Measure/Grantee will: By:
Put Project out to bid. Within 30 days after the
Effective Date of this
Intergovernmental Grant
Agreement.
Award and finalize subcontract(s). Within 30 days of bid
opening.
Begin work/Contractor mobilization. Within 30 days after the
Effective Date of this
Intergovernmental Grant
Agreement.
Provide DOLA with digital photos of the Project. Prior to the Grant
Expiration Date of this
Intergovernmental Grant
Agreement.
Submit preliminary plan for Pinewood Springs Area. Prior to the Grant
Expiration Date of this
Intergovernmental Grant
Agreement.
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
Submit Project Final Report November 29, 2024
4.4. Budget Line Adjustments.
4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and
among budget lines, so long as the total amount of Grant Funds remains unchanged. To make
such budget line changes, DOLA will use an Option Letter (Exhibit G).
4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any
combination of budget lines as described in §6.2, or move Other Funds between and among
forth in §6.2
change does not require an amendment or option letter
.
4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter
following execution of this Grant and for each quarter thereafter until termination of this Grant,
Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State
shall pay the Grantee for actual expenditures made in the performance of this Grant based on the
submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests
setting forth a detailed description and provide documentation of the amounts and types of
reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the
quarter but may be submitted more frequently at the discretion of the Grantee.
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4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0)
requested in the Pay Request and describe the status of the Work in the Status Report. The
report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit
B Scope of Project as well as a projection of all Work expected to be accomplished in the
following quarter, including an estimate of Grant Funds to be expended.
4.5.2. Specific submittal dates.
Quarter Year Due Date Pay Request Due Status Report Due
3rd (Jul-Sep) 2022 October 30, 2022 Yes Yes
4th (Oct-Dec) 2022 January 30, 2023 Yes Yes
1st (Jan-Mar) 2023 April 30, 2023 Yes Yes
2nd (Apr-Jun) 2023 JULY 15, 2023* Yes Yes
3rd (Jul-Sep) 2023 October 30, 2023 Yes Yes
4th (Oct-Dec) 2023 January 30, 2024 Yes Yes
1st (Jan-Mar) 2024 April 30, 2024 Yes Yes
2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes
3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes
*State fiscal year runs July 1 June 30 annually. Grantee must request reimbursement for
all eligible costs incurred during a State fiscal year by July 15 annually.
4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local
Affairs in any and all materials or events designed to promote or educate the public about the Work and
the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press
conferences, presentations and brochures/pamphlets.
5. PERSONNEL
5.1. Responsible Administrator
Linda Swoboda, Utilities Business Manager, (lswoboda@estes.org) , who is an employee or agent
of Grantee, and is hereby designated as the responsible administrator of this Project and a key person
under this §5. Such administrator shall be updated through the process in §5.3. If this person is an agent
of the Grantee, such person must have signature authority to bind the Grantee and must provide
evidence of such authority.
5.2. Other Key Personnel. Reuben Bergsten, Director of Utilities, (rbergsten@estes.org). Such key
personnel shall be updated through the process in §5.3.
5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this
Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of
the Grant.
5.4. DLG Regional Manager: Chris La May, (970) 679-7679, (chris.la.may@state.co.us)
5.5. DLG Regional Assistant: Robert Thompson, (970) 290-2381, (robert.thompson@state.co.us)
6. FUNDING
Grant §6.2,
Budget, below.
6.1. Matching/Other Funds. Grantee shall provide at least 70% of the Total Project Cost as documented
by Grantee and verified by DOLA at Project Closeout. Initial estimates
noted in Other Funds §6.2 below.
Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B.
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6.2. Budget
Budget Line(s) Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
SourceLine
#
Cost Category
1 Construction/Improvement of
Public Utilities
$3,900,000 $1,190,250 $2,709,750 Grantee
Architectural/Engineering
Services
$128,000 $0 $128,000 Grantee
Total $4,028,000 $1,190,250 $2,837,750
7. PAYMENT
Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant.
7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or
Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to
such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to
DOLA.
Payment Amount
Interim Payment(s) $1,130,738 Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for
reimbursement of eligible approved expenses.
Final Payment $59,512 Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided
that the Grantee has submitted, and DOLA has
accepted, all required reports.
Total $1,190,250
7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for
administrative expenses.
8. ADMINISTRATIVE REQUIREMENTS
8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms.
DOLA may withhold payment(s) if such reports are not submitted timely.
8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to
DOLA in accordance with §4.5 of this Exhibit B.
8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final
Pay Request and Status Report to DOLA.
8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the
records for activities performed under this Grant. Grantee shall maintain a complete file of all records,
documents, communications, notes and other written materials or electronic media, files or
communications, which pertain in any manner to the operation of activities undertaken pursuant to an
under this Grant in accordance with Generally Accepted Accounting Principles.
8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if
any, during the term of this Grant. Results of such monitoring shall be documented by Grantee
and maintained on file.
8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or
subcontractors) performing such work shall secure the bonds hereunder from companies holding
certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do
business in Colorado.
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8.3.1. Bid Bond.
ertified check, or other
negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of
his bid, execute such contractual documents as may be required within the time specified.
8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the
fulfillment of all the contractor's obligations under such contract.
8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract
required by statute of all persons supplying labor and material in the execution of the work
provided for in the contract.
8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter
of credit if the price is less than $50,000.
9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or
renovation related projects/activities:
9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified
engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado
law, and hired by the Grantee through a competitive selection process.
9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a
formal selection process with the Grantee being obligated to award the construction contract to the
lowest responsive, responsible bidder meeting the Grantee's specifications.
9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this
Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee
or any of its Subcontractors shall comply with all applicable federal and state laws and shall be
governed by the laws of the State of Colorado.
9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design
and construction standards and procedures that may be required, including the standards required by
Colorado Department of Public Health and Environment, and shall provide the State with
documentation of such compliance.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 44
EIAF B-022 - Estes Park Broadband Planning and Implementation
Page 1 of 3
OPTION LETTER #Insert # Here
SIGNATURE AND COVER PAGE
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
Insert DLG Portal number
for this Project
Option Letter CMS
Number
Insert CMS number for this
Amendment
Grantee
Insert Grantee's Full Legal Name
Previous CMS #(s)
Insert CMS number for orig Agreement, and any prior chg
docs
Project Number and Name
Insert DOLA's project number and name
Grant Amount
Initial Award: $Insert orig award amt
Option Letter ## and date effective/spendable: $0.00
Option Letter ## and date effective/spendable: $0.00
Total Grant Amount: $Insert total award to date
DOLA Regional Manager
Choose an item.
DOLA Regional Assistant
Choose an item.
Prior Grant Agreement
Expiration Date
Month Day, Year
Current Grant Agreement
Expiration Date
Month Day, Year
THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER
Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this
Option Letter and to bind the Party authorizing his or her signature.
STATE OF COLORADO
Jared S. Polis GOVERNOR
Colorado Department of Local Affairs
By: ____________________________________
Rick M. Garcia, Executive Director
Date: ___________________
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and
dated below by the State Controller or delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By: ____________________________________
Beulah Messick, DOLA Controller Delegate
Effective Date: ___________________
Page 45
EIAF B-022 - Estes Park Broadband Planning and Implementation
Page 2 of 3
1) OPTIONS: Choose all applicable options listed in §1 and in §2
a. Option to extend (use this option for Extension of Time)
b. Change in the Grant Award Amount within the current term (use this option for an Increase or
Decrease in Grant Funds, including Supplemental funding awards)
c. Budget Line Adjustment(s) reallocation of awarded Grant Funds to Budget Line(s) (use this
Option to redistribute existing Grant Funds between budget lines)
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Option 1(a): In accordance with Section 2(A) of the original Intergovernmental Grant Agreement
between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's
Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on
Insert ending date. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following:
Milestone/Performance Measure By:
Put Project out to bid. Within __ days of the Effective Date of this Intergovernmental
Grant Agreement.
Award and finalize subcontract(s) and/or sub-
grant(s).
[give target date]
Provide DOLA with Project Timeline Within __ days of the Effective Date of the subcontract(s).
Contractor mobilization/begin Work. Within __ days of the Effective Date of the subcontract(s).
Submit Quarterly Pay Requests See §4.5.2 below
Submit Quarterly Status Reports See §4.5.2 below
Submit Project Final Report [give date certain]
Quarter Year Due Date Pay Request Status Report
1st (Jan-Mar) 2023 April 30, 2023 Yes Yes
2nd (Apr-Jun) 2023 JULY 15, 2023* Yes Yes
3rd (Jul-Sep) 2023 October 30, 2023 Yes Yes
4th (Oct-Dec) 2023 January 30, 2024 Yes Yes
1st (Jan-Mar) 2024 April 30, 2024 Yes Yes
2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes
3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes
4th (Oct-Dec) 2024 January 30, 2025 Yes Yes
1st (Jan-Mar) 2025 April 30, 2025 Yes Yes
2nd (Apr-Jun) 2025 JULY 15, 2025* Yes Yes
3rd (Jul-Sep) 2025 October 30, 2025 Yes Yes
4th (Oct-Dec) 2025 January 30, 2026 Yes Yes
*State fiscal year runs July 1 June 30 annually. Grantee must request reimbursement for all eligible
costs incurred during a State fiscal year by July 15 annually.
b. For use with Option 1(b): In accordance with Section 7(A)(i) of the original Intergovernmental Grant
Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs , and
Page 46
EIAF B-022 - Estes Park Broadband Planning and Implementation
Page 3 of 3
Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in
an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Grant
Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement
is hereby changed to ending dollar amt. The Budget table in Section 6.2 and the Payment Schedule in Section
7.1, both of Exhibit B, are deleted and replaced with the following:
Budget Line(s) Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
SourceLine
#
Cost Category
Architectural/Engineering Services $ 0.00 Grantee
Construction/Improvement of
Public Roadways
Grantee
Total $ 0.00 $ 0.00 $ 0.00
Payment Amount
Interim Payment(s) Paid upon receipt of actual expense documentation and
written Pay Requests from the Grantee for reimbursement
of eligible approved expenses.
Final Payment Paid upon Substantial Completion of the Project (as
determined by the State in its sole discretion), provided that
the Grantee has submitted, and DOLA has accepted, all
required reports.
Total
c. For use with Option 1(c): In accordance with Section 7(D)(i) of the original Intergovernmental Grant
Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and
Grantee's Name, the State hereby exercises its option to re-allocate awarded Grant Funds within the Project
Budget. The Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following:
Budget Line(s) Total Project
Cost
Grant
Funds
Other
Funds
Other
Funds
SourceLine
#
Cost Category
Architectural/Engineering Services $ 0.00 Grantee
Construction/Improvement of
Public Roadways
Grantee
Total $ 0.00 $ 0.00 $ 0.00
3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever
is later.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 47
Amendment CMS Number: 179685 Page 1 of 3
GRANT AGREEMENT AMENDMENT #1
SIGNATURE AND COVER PAGE
State Agency
Department of Local Affairs (DOLA)
DLG Portal Number
EIAF-B022
Amendment CMS Number
179685
Grantee
Town of Estes Park
Previous CMS #(s)
178596
Project Number and Name
EIAF B-022 - Estes Park Broadband Planning and
Implementation
Grant Amount
Initial Award: $1,190,250.00
Amendment #1 10/28/2022: $0.00
Total Grant Amount: $1,190,250.00 DOLA Regional Manager
Chris La May, (970) 679-7679, (chris.la.may@state.co.us)
DOLA Regional Assistant
Robert Thompson, (970) 290-2381,
(robert.thompson@state.co.us)
Prior Grant Agreement
Expiration Date
August 31, 2024
Current Grant Agreement
Expiration Date
August 31, 2024
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment
and to bind the Party authorizing his or her signature.
GRANTEE
TOWN OF ESTES PARK
______________________________________________
By: Name of Authorized Individual
______________________________________________
Title: Official Title of Authorized Individual
______________________________________________
*Signature
Date: _________________________
STATE OF COLORADO
Jared S. Polis, Governor
DEPARTMENT OF LOCAL AFFAIRS
Rick M. Garcia, Executive Director
______________________________________________
By: Rick M. Garcia, Executive Director
Date: _________________________
PRE-APPROVED FORM REVIEWER
By:_______________________________________________
Angie Cue, EIAF Program Manager
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:___________________________________________
Beulah Messick, DOLA Controller Delegate
Amendment Effective Date:_____________________
Attachment 3
Page 48
Amendment CMS Number: 179685 Page 2 of 3
1. PARTIES
This Amendment (the “Amendment”) to the Original Grant Agreement shown on the Signature
and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Grantee,
and the State.
2. TERMINOLOGY
Except as specifically modified by this Amendment, all terms used in this Amendment that are
defined in the Agreement shall be construed and interpreted in accordance with the Agreement.
3. AMENDMENT EFFECTIVE DATE AND TERM
A. Amendment Effective Date
This Amendment shall not be valid or enforceable until the Amendment Effective Date
shown on the Signature and Cover Page for this Amendment. The State shall not be bound
by any provision of this Amendment before that Amendment Effective Date, and shall have
no obligation to pay Grantee for any Work performed or expense incurred under this
Amendment either before or after the Amendment term shown in §3.B of this Amendment.
B. Amendment Term
The Parties’ respective performances under this Amendment and the changes to the
Agreement contained herein shall commence on the Amendment Effective Date shown on
the Signature and Cover Page for this Amendment or October 28, 2022, whichever is later
and shall terminate on the termination of the Agreement.
4. PURPOSE
The Parties entered into the Agreement to expand fiber-optic-based broadband services within the
Town of Estes Park Power & Communications Division service area. Grantee’s Attorney
requested that language be added to the Agreement for clarity. This Amendment modifies the
Project and Work Descriptions as requested.
5. MODIFICATIONS
The Agreement and all prior amendments thereto, if any, are modified as follows:
A. The Project Description on the Agreement’s Signature and Cover Page and in §2.1. Project
Description in Exhibit B Section 2. Description of the Project(s) and Work are hereby
deleted:
“The Project consists of expansion of fiber-optic-based broadband services within the Town of Estes
Park Power & Communications Division service area.”
and are replaced with the following in lieu thereof:
“The Project consists of expansion of fiber-optic-based broadband services within the Town of Estes
Park, the Estes Park Power and Communications Enterprise, and the Estes Park Power &
Communications Division service area.”
B. The first sentence in §2.2. Work Description in Exhibit B, Section 2. Description of the
Project(s) and Work is hereby deleted:
“The Town of Estes Park (Grantee) will work with a previously hired qualified contractor to
complete expansion of broadband service within the Town of Estes Park Power & Communications
Division service area.”
Page 49
Amendment CMS Number: 179685 Page 3 of 3
and is replaced with the following in lieu thereof:
“The Town of Estes Park (Grantee) will work with a previously hired qualified contractor to complete
expansion of broadband service within the Town of Estes Park, the Estes Park Power and
Communications Enterprise, and the Estes Park Power & Communications Division service area.”
6.LIMITS OF EFFECT AND ORDER OF PRECEDENCE
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior
amendments or other modifications to the Agreement, if any, remain in full force and effect except
as specifically modified in this Amendment. Except for the Special Provisions contained in the
Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the
provisions of this Amendment and any of the provisions of the Agreement or any prior
modification to the Agreement, the provisions of this Amendment shall in all respects supersede,
govern, and control. The provisions of this Amendment shall only supersede, govern, and control
over the Special Provisions contained in the Agreement to the extent that this Amendment
specifically modifies those Special Provisions.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 50
TOWN OF ESTES PARK
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 51
Page 52
RESOLUTION 97-22
SETTING THE PUBLIC HEARING FOR A NEW LODGING AND ENTERTAINMENT
LIQUOR LICENSE APPLICATION FOR ESTES PARK CATERING LLC DBA
JUBILATIONS CATERING
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New LODGING AND ENTERTAINMENT
Liquor License, filed by ESTES PARK CATERING LLC DBA JUBILATIONS CATERING,
215 Virginia Drive, Estes Park, Colorado, is November 1, 2022.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, December 13, 2022,
at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and
hearing shall be the area included within a radius of 3.15 miles, as measured from the center
of the applicant's property.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Page 53
Page 54
Public Works Memo
To: Honorable Mayor Koenig
Board of Trustees
Through: Town Administrator Machalek
From: Jeff Bailey, PE, PTOE, Project Manager
Greg Muhonen, PE, Public Works Director
Date: November 22, 2022
RE: Resolution 95-22 Construction Contract with Dietzler Construction
Corporation for the Construction of the Fall River Trail Extension
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Obtain Town Board approval of the Construction Contract with Dietzler Construction
Corporation (Dietzler) for the construction of the Fall River Trail Extension (TAP &
MMOF) Project.
Present Situation:
In 2020, Public Works was awarded a Transportation Alternatives Program (TAP) Grant
for $955,000 and a Multi Modal Options Fund (MMOF) Grant for $448,226 for the
construction of this 0.5-mile segment of the Fall River Trail. The project consists of a 10-
foot wide, reinforced colored concrete multimodal path, 6 retaining walls, and a transit
bus pad, among other features.
Six potential bidders attended the mandatory pre-bid meeting held on October 13, 2022.
After three weeks of advertising, one bid was received from Dietzler for the October 27,
2022, bid opening. The following table contains the received bid and the engineer’s
estimate:
COMPANY CITY TOTAL FEE
Dietzler Construction Corporation Berthoud, CO $3,220,674.38
Engineer’s Estimate $2,054,349.70
Currently, the Fall River Trail is complete on the east and west ends of the proposed
route with a substantial gap in the middle.
Page 55
Proposal:
Public Works staff propose approving the Construction Contract with Dietzler in the
amount of $3,220,674.38, allowing for the next step in filling the trail gap to begin.
Project management will be performed by Town engineering staff, and construction
observation duties are expected to be provided through a contracted consulting service.
Advantages:
• Allows for the next 0.5-mile segment of the Fall River Trail to be constructed,
partially closing the existing trail gap.
• Improved safety for pedestrians and bicyclists along Fall River Road.
• Continued implementation of the Estes Valley Master Trails Plan.
Disadvantages:
• Construction costs exceeded the original project estimate resulting in the need to
appropriate additional funds to the project. However, the current economic
climate has resulted in substantial construction cost increases across the board,
and additional unallocated funds were available to make the project whole. Also,
it is uncertain that re-bidding the project at a later date would yield more
favorable bids and could result in even higher costs, thus jeopardizing the
project.
• Disruption of traffic in the proposed work areas during construction. However, the
timing of this project was selected to coincide with the reconstruction of the Fall
River Entrance Station at Rocky Mountain National Park (RMNP) in order to take
advantage of already reduced vehicular traffic in the project area.
Action Recommended:
Public Works staff recommend that the Town Board approves the Fall River Trail
Extension (TAP & MMOF) Construction Contract with Dietzler Construction Corporation
in the amount of $3,220,674.38, and authorizes Public Works staff to spend an
additional amount up to $29,325.62 if needed to address unanticipated conditions
encountered during construction. The maximum expenditure amount is $3,250,000.
Finance/Resource Impact:
Current impact:
• 220-4600-462.36-60 (project code FRTR1B), Larimer County Open Space Fund,
$1,656,250 expenditure, $1,783,620 available budget as of 11-22-22, which
includes an $870,000 budget modification that was approved on 11-8-22.
• 244-3400-434.36-60 (project code FRTR1A), Trails Expansion Fund, $1,593,750
expenditure, $1,593,750 available budget as of 11-1-22.
Future One-Time Impacts: This is not expected to significantly impact future one-time
or ongoing costs.
Page 56
Level of Public Interest
Given the Fall River Trail’s overall public benefit upon completion, the level of current
public interest would be moderate. It is expected that this level will raise with the
construction of each subsequent segment as full trail completion nears fruition over the
next few years.
Sample Motion:
I move for the approval/denial of Resolution 95-22.
Attachments:
1.Resolution 95-22
2.FRTE Construction Contract
3.Bid Documents
Page 57
RESOLUTION 95-22
APPROVING A CONSTRUCTION CONTRACT WITH DIETZLER CONSTRUCTION
CORPORATION FOR THE CONSTRUCTION OF THE FALL RIVER TRAIL
EXTENSION (TAP & MMOF) PROJECT
WHEREAS, in 2020 Public Works was awarded a Transportation Alternatives
Program (TAP) Grant and a Multimodal Transportation and Mitigation Options Fund
(MMOF) grant for the construction of this 0.5-mile segment of the Fall River Trail; and
WHEREAS, the Town solicited bids for the construction of this trail segment and
received one bid from Dietzler Construction Corporation on bid opening; and
WHEREAS, the Town Board wishes to enter the construction contract referenced
in the title of this resolution for the purpose of completing this segment of the Fall River
Trail.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the construction contract
referenced in the title of this resolution in substantially the form now before the Board.
The Board authorizes additional expenditure under the approval of the Public Works
Director of up to an additional amount of $29,325.62, for a total contract amount of
$3,250,000, if needed to address unanticipated conditions encountered during
construction.
DATED this day of , 2022.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
Attachment 1
Page 58
Jd1 TOWN OF ESTES P�
CONSTRUCTION CONTRACT
Fall River Trail Extension (TAP & MMOF)
THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of
Estes Park, Colorado (Town), a municipal corporation, and Dietzler Construction Corporation
(Contractor), a Wyoming Corporation, whose address is 100 Gateway Circle, Berthoud, CO
80513.
In consideration of these mutual covenants and conditions, the Town and Contractor agree as
follows:
SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract
Documents.
CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents.
In resolving inconsistencies among two or more of the Contract Documents, precedence will be
given in the same order as enumerated.
LIST OF CONTRACT DOCUMENTS.
The Contract Documents, except for Modifications and Change Orders issued after execution of
this Agreement, are:
1.Change Orders;
2.Construction Contract;
3.The following addenda, if any:
i.Number Date Page(s)
4 October 20, 2022 2
3 October 18, 2022 2
2 October 11, 2022 7
I October JO, 2022 J; 4.The following Special Conditions of the Contract:
i.Document Title Page(s)
Special Conditions 3; 5.General Conditions;
6.The following Technical Specifications:
i.Document Title Page(s)
Project Special Provisions 45 pages
CDOT Standard Special Provisions 2020 (as referenced through a 1-page index)
CDOT standard Specifications for Road and Bridge Construction 2022 700 pages
Agreement for Construction Contract--Page 1
Attachment 2
Page 59
CDOT M & S Standards 2019 326 pages
FHWA Manual on Uniform Traffic Control Devices (MUTCD) 864 pages;
7.The following Drawings/Designs:
i.Document Title Date
23637-23950 - FRTE-Plans-100% Advertisement Set 2022-05-27 May 27, 2022;
8.Notice to Proceed;
9.Notice of Award;
10.Invitation to Bid
11.Bid Bond;
12.Bid Proposal;
13.Instructions to Bidders;
14.Performance Bond and Payment Bond;
15.Insurance Certificates;
16.Construction Progress Schedule; and
17.Any other documents listed as Contract Documents in the General Conditions.
CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the
completion of the Project according to the Contract, subject to change orders as approved in
writing by the Town, under the guidelines in the General Conditions. The Town will pay the base
sum of 3,220,674.38 DOLLARS (Contract Price), to the Contractor, subject to full and
satisfactory performance of the terms and conditions of the Contract. The Town has
appropriated sufficient money for this work.
COMPLETION OF WORK. The Contractor must begin work covered by the Contract within
15 work days, and must complete work:
_x_ within 170 working days from and including the date of Notice to Proceed,
according to the General Conditions.
LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within
the time period described above, or within such other construction time if modified by a change
order, the Town may permit the Contractor to proceed, and in such case, may deduct the sum of
$3,200.00 for each calendar day that the Work shall remain uncompleted from monies due or
that may become due the Contractor. This sum is not a penalty but is the cost of field and office
engineering, inspecting, interest on financing and liquidated damages.
The parties agree that, under all of the circumstances, the daily basis and the amount set for
liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for
delay. The Town expends additional personnel effort in administrating the Contract or portions
of it that are not completed on time, and such efforts and the costs thereof are impossible to
accurately compute. In addition, some, if not all, citizens of Estes Park incur personal
inconvenience and lose confidence in their government as a result of public projects or parts of
them not being completed on time, and the impact and damages, certainly serious in monetary as
well as other terms are impossible to measure.
Agreement for Construction Contract--Page 2
Page 60
SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail,
postage prepaid, to the following address:
TOWN OF ESTES PARK
Public Works Department/Engineering Division
170 MacGregor A venue
P.O. Box 1200
Estes Park, CO 80517
INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor
obtains, at the Contractor's own expense, all required insurance as specified in the General
Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form
and amount.
RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save
harmless, and defend the Town, its officers and employees, from and in all suits, actions or
claims of any character brought because of: any injuries or damage received or sustained by any
person, persons or property because of operations for the Town under the Contract; the
Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of
materials while constructing the Work; because of any act or omission, neglect or misconduct of
the Contractor; because of any claims or amounts recovered from any infringements of patent,
trademark, or copyright, unless the design, device, materials or process involved are specifically
required by Contract; from any claims or amount arising or recovered under the "Workers'
Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or
environmental liability; or any failure of the Contractor to comply with any other law, ordinance,
order or decree. The Town may retain so much of the money due the Contractor under the
Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is
due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages
have been settled. Money due the Contractor will not be withheld when the Contractor produces
satisfactory evidence that the Contractor and the Town are adequately protected by public
liability and property damage insurance.
The Contractor also agrees to pay the Town all expenses incurred to enforce this "Respon sibility
for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the
defense of the Town of Estes Park, its officers and employees, as additional insureds, the
Contractor agrees to pay for the cost of that defense.
Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the
Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs
resulting from its performance or nonperformance under the Contract.
STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as
an independent contractor and not as an agent or employee of the Town. No employee or official
of the Town will supervise the Contractor nor will the Contractor exercise supervision over any
employee or official of the Town. The Contractor shall not represent that it is an employee or
agent of the Town in any capacity. The Contractor and its employees are not entitled to
Workers' Compensation benefits from the Town and are obligated to pay federal and state
income tax on money earned pursuant to the Contract. This is not an exclusive contract.
Agreement for Construction Contract--Page 3
Page 61
THIRD-PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give
or allow any claim, benefit, or right of action by any third person not a party to the Contract.
Any person except the Town or the Contractor receiving services or benefits under the Contract
shall be only an incidental beneficiary.
INTEGRATION. The Contract is an integration of the entire understanding of the parties with
respect to the matters set forth in it, and supersedes prior negotiations, written or oral
representations and agreements.
DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless
modified within a Contract Document.
EXECUTED this __ day of _____ � 2022.
(Signature pages to follow.)
Agreement for Construction Contract--Page 4
Page 62
TOWN OF ESTES PARK
By:--------------
Title: --------------
State of --------) ss
County of ______ __,
Date
The foregoing instrument was acknowledged before me by ________ ...., as ___ _
________ of the Town of Estes Park, a Colorado municipal corporation, on behalf
of the corporation, this __ day of __________ ___, 2022.
Witness my hand and official Seal.
My Commission expires
Notary Public
APPROVED AS TO FORM:
Town Attorney
Agreement for Construction Contract--Page 5
Page 63
CONTRACTOR
By: J2_& \ �=tc
Title: \) \?-Cu cd:'Cb t\ ef
State of (1 \ Drnc\ D )) ss: County of f:iY\V(\Q_,)
The foregoing instrument was acknowledged before me by ·11usse\ l Th DW\ pci>Y\ lf, (Name of party signing)
as VP-CoYltRtillte of btrl--�li.v U)\i\s\-vu.chDl".I eo�p. (Title of party signing) (Name of corporation)
a_�\N�':J-+-=D�VV\�\�i'liL...c+--------corporation, on behalf of the corporation, this {State of �orporation)
�lS __ dayof NDVfVV\lct�
Witness my hand and official Seal.
My Commission expires M CUJ 7, }JY}_ �
LAUR.A ANNI NOS NOTARY PUBLIC • STATE OF COLOR.ADO NOTARY 10 2020◄016130
MY COMMISSION EXPIRES MAY 7, 202◄
YJ� Notary Publi
Agreement for Construction Contract--Page 6
Page 64
Bidding Documents
FALL RIVER TRAIL EXTENSION
TAP M405-025 (23637) & MTF M405-026 (23950)
[TAP] [MMOF]
Public Works Department
Advertisement Date: October 7, 2022
Bid Opening Date: October 27, 2022
Attachment 3
Page 65
Town of Estes Park Fall River Trail Extension (TAP & MMOF)
Table of Contents
Page 1
TABLE OF CONTENTS
1.Invitation to Bid
2.Instructions for Bidders
3.Bid Bond Form
4.Bidder’s Qualifications and Data Form
5.Subcontractors and Related Data Form
6.Bid Proposal Form
7.Bid Schedule Form (.pdf and separate Excel file)
8.Construction Contract Template
9.General Conditions
10.Special Conditions
11.Project Special Provisions
12.Construction Plans (Separate file)
13.Geotechnical Report (Separate .pdf file)
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Page | 1
INVITATION TO BID
PROJECT: Fall River Trail Extension (TAP & MMOF)
SCOPE:
The scope of work for this project includes the construction of a segment of Fall River Trail
approximately 0.5 miles in length and consisting of a 10-foot wide, reinforced colored
concrete multimodal path. The project will include the construction of 6 retaining walls, a
transit bus pad, and other features shown in the plans.
For bidding and budgetary purposes, the project has been divided into two segments, A
and B. The Town is asking that two bid schedules be submitted: Bid Schedule 1 for
Segment A (approximately 2,236 feet in length) and Bid Schedule 2 for Segment A+B
(approximately 2,715 feet in length). Segment A will include construction of the 6 retaining
walls and bus transit pad.
All bids shall be treated in accordance with the State of Colorado’s “Standard
Specifications for Road and Bridge Construction 2021.” All work performed shall
additionally follow the specifications listed in the Special Conditions, Standard Special
Provisions, and Project Special Provisions.
Determination of successful bidder will be made on the basis of the lowest responsive,
responsible Bid. Bid Preference may be given to contractors listed on the CDOT
Prequalified Contractor Listing to ensure that bidders have adequate experience with
CDOT specifications and standards.
Contractors must be registered on SAM.gov
The Town of Estes Park, Colorado will receive sealed Bids for “Fall River Trail Extension
(TAP & MMOF) Project” until 2:00 P. M. (our clock) on the 27th day of October, 2022.
Bids may be submitted via one of the following methods:
1.‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System
(www.rockymountainbidsystem.com); or
2.Email to the Project Manager Jeff Bailey, PE at jbailey@estes.org; or
3.Hand delivery (accompanied by a USB drive) to the following address:
TOWN OF ESTES PARK
Attn: Jeff Bailey, PE
170 MACGREGOR AVE.
ESTES PARK, COLORADO 80517
Late bids will not be accepted or considered.
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The Bidding Documents are available on www.rockymountainbidsystem.com as well as on the
Town’s website at www.estes.org/rfp. Interested bidders are responsible for verifying receipt of
all applicable documentation, including any associated addenda. The Town of Estes Park cannot
guarantee accurate information obtained from sources other than BidNet.
SCHEDULE OF ACTIVITES: (subject to change)
Event Date
Invitation to Bid (ITB) Available October 7, 2022
Pre-Bid Conference (10:00 a.m.) October 13, 2022
Deadline for Questions (4:00 p.m.) October 19, 2022
Final Addenda Issued October 21, 2022
Bid Opening (2:00 p.m. our clock) October 27, 2022
Notice of Award October 31, 2022
Town Board Approval (tentative) November 22, 2022
Pre-Construction Conference (tentative) November 28, 2022
Notice to Proceed (tentative) November 29, 2022
Substantial Completion (tentative) May 25, 2023
Construction Completed (tentative) June 29, 2023
A MANDATORY PRE-BID CONFERENCE will be held at 10:00 a.m. October 13, 2022 at the
Town Hall, Room 202, 170 MacGregor Ave, Estes Park, CO.
No field visit will accompany the Pre-Bid Conference. Alternatively, proposing firms are expected
to visit the project site and use both the Pre-Bid Conference and the written inquiry opportunities
to obtain sufficient information to prepare a competitive bid.
Prospective offerors may submit written inquiries concerning the requirements of this solicitation
to Jeff Bailey, PE via BidNet or e-mail, before the Deadline for Questions listed above.
A Bid Guarantee in an amount equal to 5% of the total Bid amount is required at the time of the
Bid Opening. The Guarantee must be a certified check payable to the Town of Estes Park or a
satisfactory Bid Bond executed by the Bidder.
Bids will be opened and publicly read aloud during a Bid Opening meeting at
2:00 p.m. on the 27th day of October, 2022.
The successful Bidder shall provide the Town with a Certificate of Insurance naming the Town of
Estes Park as an additional insured for all policies required in the General and Special Conditions,
a Statement of Liability and Indemnity, and with proof of Workers' Compensation coverage.
If awarded the Bid, a Performance Bond and a Labor and Material Payment Bond are required
within ten days of the date the written Notice of Award, each for the total amount of the Contract
Price.
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No Bidder may withdraw a Bid for a period of thirty days after the date fixed for opening the Bids.
The Town of Estes Park reserves the right to cancel this Invitation to Bid; reject any Bid, in whole
or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and
to waive informalities or irregularities in the Bids received, when it is in the Town's best interest
to do so.
TOWN OF ESTES PARK
Jeffrey C. Bailey, PE, Project Manager
Page 69
INSTRUCTIONS FOR BIDDERS
SUBMISSION OF BIDS
Sealed Bids will be received by the means listed in the Invitation to Bid (BidNet, e-mail, and
hand delivery). Timely delivery of Bids is the Bidder's responsibility and Bids received after the
time and date indicated in the Invitation to Bid will not be accepted.
If the Bid is hand delivered, it must be accompanied by a USB drive. The sealed Bid envelope
shall be enclosed in a separate mailing envelope, have proper postage for return delivery, and
shall be clearly marked as follows on the outside of the envelope:
Bid Enclosed For (Project Name)
Name of Bidder
Return Address
Oral, telephone or fax Bids are invalid and will not receive consideration. On occasion, an
exception to this procedure may be made. The Project Manager may make an exception under
extreme circumstances, in the Manager's sole discretion.
No Bid alterations or interlineations will be permitted, unless made before submission and
initialed and dated. If initialed, the Town may require the Bidder to identify the alteration so
initialed.
In the Case of No Bid, please return your Bidding Documents indicating No Bid on the form and
on the outside of the return envelope.
BIDDING DOCUMENTS
The following documents constitute the Bidding Documents for this project:
1.Invitation to Bid
2.Instructions for Bidders
3.Bid Bond
4.Bidder’s Qualifications and Data
5.Subcontractors and Related Data
6.Bid Proposal Form
7.Bid Schedule (Separate file attachment)
8.Specifications (CDOT 2022 Standard Specifications for Road and Bridge Construction [Not
included])
9.Drawings/Plans (Separate file attachment)
10.Project Geotechnical Report (Separate file attachment)
11.Draft CDOT Lane Closure Policy Exception Request
12.Construction Contract Template
13.General Conditions
14.Special Conditions
15.Project Special Provisions
16.Addenda (if any)
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Instructions to Bidders
Page | 2
17.Project Geotechnical Report (separate file attachment)
The Bidder will download the Bidding Documents as directed in the Invitation to Bid. All forms
associated with, bound with, or attached to the Bidding Documents are a necessary part thereof
and must not be detached.
The Bidding Documents will state the location and description of the proposed Work and will
show the estimate of the various quantities of work to be performed and materials to be
furnished, the time in which the work must be completed, the amount of the Bid Guarantee
(which must accompany the Bid) and the date and time of the opening of the Bids. It will also
state any special provisions or requirements, which vary from or are not contained in the General
Conditions.
ADDITIONAL BID DETAILS
Pre-Bid Conference: A mandatory Pre-Bid Conference will be held as directed in the
Invitation to Bid.
Persons Submitting Bids: Each Bid must contain the full name(s) and U.S. Postal Service
mailing address of the Bidder(s), and any person signing any Bid as agent of another, or of a
firm, must furnish legal evidence of authority to do so.
A person who submits a Bid and affixes "President," "Secretary," "Agent," or other designation
to his or her signature, without disclosing the principal, may be personally held to the Bid.
The Town will not consider more than one Bid from an individual, firm, partnership, or
corporation under the same or different names. Evidence that any Bidder is interested in more
than one Bid for the same work will be cause for rejection of all such Bids. Collusion between
the Bidders will be considered sufficient cause for the rejection of all affected Bids. A party
quoting prices to a Bidder is not thereby disqualified from quoting prices to other Bidders or
from submitting a direct Bid on the Bidder's own behalf.
Bid Pricing: All prices shall be stated in words and numbers except where the forms provide for
numbers only. Use of the provided bid schedule in MS Excel spreadsheet format is acceptable.
Unit Price Bid Schedule: When the Town requests Unit Prices, the Bidder shall fully complete
the schedule of unit prices included in the bid schedule.
When the Town includes an additional amount on the bid schedule for minor contract revisions
and the Town has estimated bid quantities on the schedule. Bidders shall include that add amount
in the total Bid price.
The total of all the unit prices bid multiplied by the estimated quantity of each item shall be the
total Bid price. The Town will pay for the final measured, used, or delivered quantities at unit
prices in the Bid.
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Instructions to Bidders
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Discrepancies: In the event of a difference between extended price and unit price of the bid
schedule, the unit price governs.
Modifications: Modifications to Bids already submitted will be allowed if received prior to the
time specified in the Invitation to Bid. Modifications shall be submitted as such, and shall not
reveal the total amount of either the original or revised Bids. The modifications shall be
submitted via BidNet or in writing and shall be signed in the same manner and by the same
person(s) who signed the Proposal.
Withdrawal of Proposal: A Bidder may withdraw a Bid at any time prior to the time Bids are to
be opened, via BidNet or by written request of the Bidder. Any such request shall be signed in
the same manner as, and by the same person(s) who signed the Bid Proposal.
Alternate Bids: Whenever Alternate Bids are called for specifying the use of several different
classes of materials or types of improvements for the same work, all Bidders are requested to
submit prices for use of each of the several classes of materials or types of improvements as
specified. The material to be used or the type of improvement to be adopted will be selected by
the Town after the Bids have been opened and read. Unless otherwise specifically provided in
the specifications for the improvement, Bids shall be made upon each and every item shown on
the blank Bid Schedule.
Variation in Estimated Quantities: The Contractor must reasonably expect a variation in the
estimated quantities from the actual quantities and no claims will be allowed for anticipated
profits, for loss of profits or for damage of any sort because of a difference between the estimate
of any item and the amount of the item actually required. The Town reserves the right to
eliminate items from the Bid Schedule when the Town deems it in its best interest.
Cost of Bid Preparation: The total cost of bid preparation and submission shall be assumed by
the Contractor.
Taxes: The Town of Estes Park is exempt from paying sales or use taxes. Materials and
equipment purchased solely for Town projects, that will become a permanent part of the
final project, are tax exempt. The Town will furnish its tax exempt number, in lieu of requiring
the Contractor and subcontractors to obtain their own certificates of exemption from the
Colorado State Department of Revenue. Contractors and all subcontractors purchasing materials
tax exempt must disclose the nature of the Town's project, the Town’s purchase order, and then
provide the Town's tax exempt number to the supplier.
FAMILIARIZATION WITH THE WORK AND SITE CONDITIONS
Before submitting Bids, prospective Bidders shall familiarize themselves with the work, the site
where the work is to be performed, local labor conditions and all laws, regulations and other
factors affecting performance of the work. Bidders shall carefully correlate their observations
with requirements of the Contract and otherwise satisfy themselves as to the expense and
difficulties attending performance of the work. The submission of a Bid constitutes a
representation of compliance by the Bidder. There will be no subsequent financial adjustment for
lack of such familiarization.
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Instructions to Bidders
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Site Conditions: Bidders shall visit the site of the work and completely inform themselves
relative to construction hazards and procedures, the availability of lands, the character and
quantity of surface and sub-surface materials, and utilities to be encountered, the arrangement
and condition of existing structures and facilities, the procedures necessary for maintenance of
uninterrupted operation of existing sewers and other utilities, the character of construction
equipment and facilities needed for performance of the work, and facilities for transportation,
handling, and storage of materials and equipment. All such factors shall be properly investigated
and considered in the preparation of Bids.
REQUESTS FOR EXPLANATION
Bidders should immediately notify the Town of any discrepancies in or omissions from the
Drawings or Specifications, so that the Project Manager can publish an Addendum in response.
Any Bidder may submit a written request for explanation or correction of any part of the Bidding
or Contract Documents, as directed in the Invitation to Bid. Questions and points of clarification
are requested to be submitted via BidNet or email when possible. The deadline for submitting
such requests is detailed in the Invitation to Bid and/or Special Conditions. The Project Manager
will also field phone calls, but written communication is preferred. Oral explanations and
interpretations made prior to the Bid Opening will not be binding.
ADDENDA
Any explanations or corrections to the Bidding Documents shall be furnished to all Bidders as
Addenda via BidNet and the Town’s website. Final Addenda issuance shall be as directed in the
Invitation to Bid and/or the Special Conditions. All Bidders shall acknowledge receipt of
Addenda in the Bid Proposal form.
If there is to be a postponed Bid Opening, this will be communicated on BidNet as an Addendum
(and an automatically generated notification will be sent to all who downloaded the original
Bidding Documents).
BID GUARANTEE
Each Bid shall be accompanied by a Bid Guarantee (typically a Bid Bond) as directed in the
Invitation to Bid. No Bid will be considered unless accompanied by the Bid Guarantee. No
personal or business checks will be accepted as Bid Guarantees.
When Alternate Bids are called for, providing for the use of several different classes of materials
or types of improvements for the same work, one Bid Guarantee in the amount of five percent of
the total amount of the highest Bid will be sufficient for all Bids.
The Bid Guarantee of the Bidder(s) to whom a contract award is made may be returned when the
successful Bidder executes a contract and files a Labor and Material Payment Bond, a
Performance Bond, and any other documents required by the Notice of Award. The Bid
Guarantee of the next three lowest responsible Bidders may be retained for a period not to
exceed 45 days and may be returned after the execution of the Construction Contract and bonds
by the successful Bidder. The Bid Guarantee of all other Bidders may be returned after the
contract is awarded. However, Bid Bond surety forms provided with the Bid will not be returned
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Instructions to Bidders
Page | 5
unless specifically requested by the Bidder. Certified Checks (or other forms of bid securities
used as Bid Guarantees)) may be returned immediately following the Bid Opening, at the
discretion of the Project Manager, to those who are not apparent low Bidders.
If the successful Bidder fails to enter into a contract according to the Bidder's accepted Bid or
fails to furnish the required bonds within ten calendar days from Notice of Award, or by such
time as modified by Special Conditions, the Bid Guarantee shall be forfeited to the Town of
Estes Park as liquidated damages.
The next lowest responsible Bid shall then be considered the successful Bid and, at the discretion
of the Town, the contract may be awarded to the Bidder submitting that Bid.
BONDS
Bonds shall be executed on a form acceptable to the Town, as specified in the General
Conditions, by a corporate bonding company licensed to do business in the State of Colorado and
acceptable as Surety to the Town. The forms must be countersigned by the Colorado agent.
A "Power of Attorney" authorizing the attorney-in-fact to bind the Surety company and certified
to include the date of the bond shall accompany the bond.
The Performance Bond and Labor and Material Payment Bond must remain in full force and
effect during the entire period of the guarantee.
The successful Bidder shall give a Performance Bond equal to the amount of the Contract Price.
The Performance Bond shall guarantee: (a) the faithful performance and completion of the work
in strict accordance with the terms of the Contract, and each and every covenant, condition and
part thereof, according to the true intent and meaning of the Contract Documents, as defined in
the Contract and (b) the repair or replacement where required, or the cost thereof, for a period of
two years after the issuance of the Notice of Construction Acceptance or until all warranty work
is completed, whichever occurs last, of all work performed under the Contract.
A separate Labor and Material Payment Bond equal to the amount of the Contract Price is
required to ensure the payments of laborers, materialmen, suppliers, and subcontractors in
connection with the work performed under the Contract and to satisfy the requirements of §38-
26-105 and 38-26-106, C.R.S., as amended.
The Town of Estes Park reserves the right to waive bond requirements if permitted by statute. In
the event the Performance or Labor and Material Payment Bonds are waived, cost of the bonds
shall be reflected as a deduction from the total Bid Price, when so indicated on the Bid Form.
There will be a Unit Price deduction for the waiver indicated on the Bid Schedule, when
necessary.
OPENING OF BIDS
The sealed Bids will be opened publicly and read aloud at the time, date, and place set in the
Invitation to Bid. Bids received after the time specified in the Invitation to Bid shall be returned
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Instructions to Bidders
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unopened. Bid openings will be public and all Bidders are welcome to attend. Bidders or their
authorized agents are invited to be present and examine any Bid after opening.
EXAMINATION OF BIDS
All Bids submitted shall be made available for examination by interested parties within a
reasonable time following the Bid Opening. All information in the submitted Bid will be
available for public scrutiny, unless the Bidder specifically requests confidential treatment
of some or all of its commercial data. Requests for confidentiality shall be in writing, and the
portions of the commercial data for which confidentiality is requested shall be clearly identified.
Procurement information shall be a public record to the extent provided by Article 24.72, C.R.S.,
as amended, and shall be available to the public as provided in the statute.
The Final Bid Price and the means by which that price was determined are not commercial data
and may not be included in any request for confidentiality.
EVALUATION OF BIDS
Town Discretion: The Town reserves the right to cancel the Invitation to Bid; reject any Bid, in
whole or in part; to adjust the quantity of Work to be done as mandated by budgetary
requirements; and to waive informalities or irregularities in the Bids received; when it is in the
Town's best interest to do so.
The Town of Estes Park reserves the right to accept the Bid which in the opinion of the Town
will best suit the Town's purpose.
Contracts will be awarded only to responsible Bidders capable of performing the class of work
contemplated. The Bidder shall furnish a complete statement of the Bidder's experience and of
the amount of capital and equipment available for the proposed work on the Bidder's
Qualification and Data form.
Irregular Bids: Bids may be rejected if they show any omission, alteration of form, additions
not called for, conditional Alternate Bids, or irregularities of any kind which, in the opinion of
the Town, tend to make the Bid indefinite or ambiguous. The Town will reject bid schedules
with prices which are obviously unbalanced, in the Town’s determination.
Collusion: Bids will be rejected if there is reason for believing that collusion exists among the
Bidders. Participants in such collusion are subject to suspension and debarment.
Pre-qualification of Bidders: For certain projects, the Town may require potential bidders to
submit information regarding the bidders' qualifications in addition to the Bidder’s Qualification
and Data. The requirement for such information will be identified in the Invitation to Bid or
elsewhere in the Bid Documents. Any information requested by or on file with the Town may be
used to qualify or disqualify potential bidders.
Prior to the Award of Contract, the Town will notify the Bidder in writing if the Town,
after due investigation, has reasonable objection to any person or organization on such list.
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Instructions to Bidders
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If the Town, in its sole discretion, has a reasonable objection to any person or organization on
such list, and refuses in writing to accept such person or organization, the Bidder shall submit an
acceptable substitute Subcontractor, at no additional cost to the Town.
AWARD OF CONTRACTS
Any or all Bids may be rejected or informalities in bids may be waived at the option of the
Town.
The award of the Contract is contingent upon securing an acceptable Bid which will fall within
the amount of funds available for construction of the project, or the acquisition of contracted
services.
Lowest Responsive and Responsible Bidder: In determining Lowest Responsive and
Responsible Bidder, in addition to price, the factors listed herein will be considered. A Bid may
be rejected if, in the judgment of the Town, the Bidder does not comply with or meet the criteria
defined in one or more of the following factors:
1.The ability, capacity and skill of the Bidder to perform the Contract or provide the
services required.
2.The ability of the Bidder to perform the Contract or provide the service promptly or
within the time specified, without delay or interference.
3.The character, integrity, reputation, judgment, experience and efficiency of the Bidder, to
be determined at the sole and absolute discretion of the Town.
4.The quality of performance on previous Town contracts or services. Failure on the part of
any Bidder to carry out a previous contract satisfactorily shall be deemed sufficient cause
for disqualification.
5.The experience of the Bidder and the availability of equipment necessary to complete the
current project. Sufficient cause for disqualification of the Bidder will exist if, in the
Town's opinion, the Bidder does not have adequate experience or equipment to properly
perform the Work under the Contract.
6.The sufficiency of the financial resources and ability of the Bidder to perform the
Contract or provide the service.
7.The quality, availability, and adaptability of the supplies or contractual services to the
particular use required.
8.The ability of the Bidder to provide future maintenance and service for the use of the
subject of the contract.
9.Debarment or suspension pursuant to a prior Town determination.
ACCEPTANCY OF BIDS AND ITS EFFECT
The Town will act upon the Bids with reasonable promptness after the opening of the Bids. The
acceptance of a Bid will be a written Notice of Award signed by the duly authorized
representative of the Town. No other act of the Town shall be necessary to constitute acceptance
of a Bid. The acceptance of a Bid binds the successful Bidder to execute the required
Construction Contract and take all action necessary to fulfill the Contract.
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REQUIREMENTS FOLLOWING NOTICE OF AWARD
The successful Bidder shall, within ten calendar days of receiving the Notice of Award, or by
such time as modified by the Special Conditions, execute the Construction Contract and furnish
the Performance Bond and the Material and Labor Payment Bond. Acceptance of the Contract
shall be subject to approval by the Town.
Unless previously requested or waived by the Project Manager, the successful Bidder shall
submit the following information to the Town’s Project Manager within ten calendar days of
receiving the Notice of Award:
1.A designation of the work to be performed by the Bidder with the Bidder's own forces.
2.The proprietary names and the suppliers of principal items or systems of material and
equipment proposed for the work.
3.A proposed schedule of construction and estimated monthly payments.
4.The Bidder will be required to establish to the satisfaction of the Town, the reliability and
responsibility of the proposed Subcontractors to furnish and perform the Work described
in the Sections of the Specifications pertaining to such proposed Subcontractor's
respective trade.
5.If the Contract includes federal or grant funding, the Bidder will be required to show
proof of registration with SAM.gov.
6.Proof of possession of a current Town of Estes Park Business License (and any other
licenses required by the Bid Documents) for the Contractor and all subcontractors).
DAMAGES FOR FAILURE TO EXECUTE
Any Bidder whose Bid is accepted will be required to execute the Contract and furnish the
Performance Bond and Material and Labor Payment Bond within ten days after written notice
that the Contract has been awarded to the Bidder, or by such time as modified by Special
Conditions. Failure to do so shall constitute a breach of the Contract effected by the acceptance
of the Bid.
The damages to the Town for such breach will include loss from interference with the
construction program and other items, the monetary values of which will be difficult or
impossible to quantify. Where required, the amount of the Bid Guarantee accompanying the Bid
shall be retained by the Town as reasonable liquidated damages and not as a penalty for such
breach.
The Town is authorized, the same as if the Bid Guarantee or Bid contained an expressed
stipulation to that effect, to cause such work to be done, or complete the work in-house, or
contract with some other Contractor to do so, and/or compute the difference between actual cost
to the Town of such improvements and the sum which it would cost if the defaulting Bidder
complied with the Bid.
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Instructions to Bidders
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RIGHT TO INSPECT
The Town may, at reasonable times, inspect the part of the plant, place of business or worksite of
the Bidder or the Bidder's subcontractors at any tier which is pertinent to the performance of the
award of the Contract.
BID PROCESS SUBJECT TO PURCHASING CODE
Bidding shall be conducted subject to state statutes and the Town of Estes Park Municipal Code
and ordinances.
LAWS TO BE OBEYED
Bidders shall familiarize themselves with the provisions of the laws of the State of Colorado and
the Federal Government, and with all local laws and all regulations made which are pertinent to
the proposed work and shall comply with the same.
EQUAL OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, age, sex, gender identity, sexual orientation, or national origin, or other
reason prohibited by applicable federal, state or local law, ordinance or regulation. The
Contractor shall abide by all federal laws in effect during the Contract period which govern
Equal Opportunity Employment.
LOCAL LABOR AND MATERIALS
Preference shall be given to employment of Colorado labor pursuant to §8-17-101 and 102,
C.R.S., as amended.
Pursuant to statutory authority, preference shall be given to materials, supplies, and provisions
produced, manufactured, or grown in Colorado, quality being equal to articles offered by
competitor outside the state (§8-18-101 through 103, C.R.S., as amended).
TIME OF COMPLETION
TIME IS OF THE ESSENCE and the Bidder agrees to complete the project within the stated
time, as defined in the Construction Contract. The Bidder also agrees to comply with all
completion dates specified in the Bidding and Contract Documents.
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BID BOND
, (insert the full name
and address or legal title of the Contractor) as Principal, and,
__________________________________________ (insert the legal title of the Surety) as
Surety, a corporation organized under the laws of the State of _________________, and
authorized to transact business in the State of Colorado, with a general office at
, are hereby bound to the Town of Estes Park, Colorado,
(Town) as Obligee, in the amount of DOLLARS or PERCENT, in
United States currency, for the payment of which amount the Principal and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally.
The Principal has submitted the accompanying Bid dated ________________, 2022, for
construction of the
(insert the project name).
The Town requires, as a condition for receiving the Bid, that the Principal deposit with the Town
a Bid Guaranty, of at least five percent of the amount of the Bid, conditioned so that if the
Principal fails to execute the Agreement for Construction Contract, and furnish the required
Bonds if the Principal is awarded the Contract, that the sum be paid immediately to the Town, as
liquidated damages and not as a penalty, for the Principal's failure to perform.
If the Principal, within the specified period, executes the Construction Contract with the Town
according to the Bid, as accepted, and furnishes a Performance Bond and a Labor and Material
Payment Bond with good and sufficient Surety or Sureties, upon forms acceptable to the Town
for the faithful performance and proper fulfillment of the Contract, or pays to the Town the
proper amount of liquidated damages, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
Executed this day of , 2022.
WITNESS PRINCIPAL
By:
Its President
WITNESS SURETY
By:
Its Attorney-in-fact
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Town of Estes Park Fall River Trail Extension (TAP & MMOF)
Page | 2
I, , certify that I
am the (title) of the Corporation named as Surety; that
______________________________________, who signed the bond on behalf of the Principal,
was then _______________________________________ (title) of the Corporation; that I know
his or her signature, and the signature thereto is genuine; and that the bond was duly signed,
sealed, and attested to for and on behalf of the Corporation by authority of this governing body.
(CORPORATE SEAL) Signed:
Title:
Page 80
BIDDER'S QUALIFICATIONS AND DATA
The signatory of this Statement guarantees the truth and accuracy of all statements and of
answers to all questions herein. All questions must be answered clearly and comprehensively. If
necessary, separate sheets may be attached. The Bidder may submit additional information.
Failure to complete and return this Statement may render a bid non-responsive.
Name of Bidding Firm:
Main office address:
Phone: Fax #
The Bidder is organized as a (corporation/partnership/other):
in the state of:
Bidder's federal tax identification number (TIN):
General character of work performed by your organization and brief history of operations:
Does your firm have any officer, director, or agent who is also an officer or employee of the
Town of Estes Park?
Are there any Town of Estes Park agents or employees who own, directly or indirectly an
interest in the bidder’s firm or any of its branches?
Bonding Limit: $
Bonding Company: Phone #
Address:
The Town has a right to request financial statement(s) and other relevant information. Are you
willing to submit such information at the Town’s request?
Submitted by: Date:
(Person submitting bid)
Page 81
Town of Estes Park Fall River Trail Extension (TAP & MMOF)
Page 2
Qualifications
1.How many years have you been in business under your present firm or trade name?
a. Under other names?
2.Have you or your organization, or any office or partner thereof, failed to complete a
contract?
a.___Yes ___No
3.Within the last five years, has your organization been assessed liquidated damages for
failing to complete a contract within the time specified?
a.___Yes ___No
4.Has your organization been assessed any penalties for non-compliance violations of the
Federal or State Labor laws and/or regulations within the last five years?
a.___Yes ___No
5.Does your organization have any outstanding judgments, demands, or liens resulting
from violating State Labor laws, Colorado Revised Statutes, Civil or Criminal decisions?
a.___Yes ___No
6.Have there been any suits, liens, or surety claims against you or your organization over
the past five years for non-payment of sums due subcontractors or suppliers for work
completed?
a.___Yes ___No
7.Has your organization been cited for violations of OSHA standards and requirements
within the past five years?
a.___Yes ___No
8.Is either the Bidder or its principals presently debarred, suspended, proposed for
disbarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any department or agency?
a.___Yes ___No
9. Have you ever been debarred or suspended by a government from consideration for the
award of contracts?
a.___Yes ___No
Please explain all questions answered “yes” in the section above on a separate sheet of
paper. Include where and why, if applicable. Note that your answers do not necessarily
disqualify your bid. For example, it is not uncommon for contractors of large projects to be
charged liquidated damages in certain cases.
Page 82
Town of Estes Park Fall River Trail Extension (TAP & MMOF)
Page 3
Firm Background and Experience
Total number of employees:
Total number of licensed professionals:
Proposed Superintendent:
Title:
Relevant degrees and/or certifications:
Principals
List directors, officers, owners, managerial employees, or partners, and identify the ownership
interest of each:
Experience
List the experience of the principal members of your organization. If preferred, resumes may be
submitted in lieu of form entry.
Name:Title:
Background/ Years’ Experience:
Relevant degrees and/or certifications:
Name:Title:
Background/ Years’ Experience:
Relevant degrees and/or certifications:
Page 83
Town of Estes Park Fall River Trail Extension (TAP & MMOF)
Page 4
Similar Projects
List three projects of similar scope and budget to this project that your organization has
performed work on:
Project Name:
Cost: Location:
Reference Name: Phone:
Project Name:
Cost: Location:
Reference Name: Phone:
Project Name:
Cost: Location:
Reference Name: Phone:
Contract(s) on Hand
List projects your organization is undertaking that will be concurrent with the Town’s bid
schedule. Include the anticipated completion date.
Project Name:
Schedule:
Cost: Location:
Subcontractor or Prime: Completion Date:
Project Name:
Schedule:
Cost: Location:
Subcontractor or Prime: Completion Date:
Page 84
Town of Estes Park Fall River Trail Extension (TAP & MMOF)
Page | 1
SUBCONTRACTORS AND RELATED DATA
For each Subcontractor to be utilized, please provide the following information (use additional
sheets as necessary). Please indicate what percentage of the Work to be assigned.
Firm Name: Town Business License #
Address:
Proposed work and percentage of total work to be assigned:
Percentage %
Firm Name: Town Business License #
Address:
Proposed work and percentage of total work to be assigned:
Percentage %
Firm Name: Town Business License #
Address:
Proposed work and percentage of total work to be assigned:
Percentage %
Firm Name: Town Business License #
Address:
Proposed work and percentage of total work to be assigned:
Percentage %
Firm Name: Town Business License #
Address:
Proposed work and percentage of total work to be assigned:
Percentage %
Page 85
Town of Estes Park Fall River Trail Extension (TAP &MMOF)
Page | 1
BID PROPOSAL
PROJECT: Fall River Trail Extension (TAP & MMOF)
1.In compliance with the Invitation to Bid, and subject to all conditions thereof, the
undersigned: [Select one]
a corporation incorporated in the State of
-OR-
a partnership or limited partnership, registered in the State of ,
whose general partner(s) is/are:
-OR-
a sole proprietor, whose trade name is __________________________________________
based in the Town of , State of ,
offers this Bid Proposal for the construction of all items listed at the prices shown on the
following bid schedule.
(The attached bid schedule lists the various divisions of construction contemplated in the Plans
and Specifications, together with an estimate of the units of each. With these units as the basis,
extend each item, using the cost inserted in the unit column. Any total cost found inconsistent
with the unit cost when the Bids are examined will be deemed in error and corrected to agree
with the unit cost. Alternate Bids are optional).
2.The undersigned Bidder declares and stipulates that this Bid is made in good faith,
without collusion or connection with any other person or persons bidding for the same Work, and
that it is made subject to all the terms and conditions of the Invitation to Bid, Instructions for
Bidders, Construction Contract, General Conditions, Special Conditions, the Technical
Specifications, and the Plans pertaining to the Work to be done, all of which have examined by
the undersigned.
3.Accompanying this Bid is a Bid Guarantee for 5% of the total Bid amount according to
the Invitation to Bid and Instructions for Bidders.
Page 86
Town of Estes Park Fall River Trail Extension (TAP &MMOF)
Page | 2
4.The undersigned Bidder agrees to execute the Construction Contract, a Performance
Bond and a Labor and Material Payment Bond within ten calendar days from the date when the
written Notice of Award is delivered at the address given on this Bid Proposal. The Performance
Bond and Labor and Material Payment Bond shall each be for the amount of the total of this Bid.
The name and address of the corporate surety through which the Bidder proposes to furnish the
specified Bonds is as follows:
__________________________________________
5.The submission of the Bid constitutes an agreement, and it shall not be withdrawn after
the Bid Opening for a period of thirty days.
6.All the various phases of work enumerated in the Contract with individual jobs and
overhead, whether specifically mentioned or not, are included by implication or appurtenance in
the Contract. The Contractor shall perform all the various phases of work under one of the items
listed in the bid schedule, irrespective of whether it is named in the schedule.
7.Payment for the Work performed will be according to the bid schedule, subject to
changes as provided in the Contract.
8.The undersigned Bidder hereby acknowledges receipt of addenda numbers ___ through
_____.
______
Initials
The undersigned, being familiar with the existing conditions on the project area affecting the cost
of the Work, the Bidding Documents and the Contract Documents, and having verified the
quantities and the availability of materials and labor, hereby proposes to furnish all supervision,
labor, materials, machinery, tools, appurtenances, equipment, supplies, and services, including
utility and transportation service required to construct and complete the Project listed above,
according to the Contract, within the time specified, and at the prices stated below. These prices
are to cover all expenses incurred in performing the Work required under the Contract of which
this Bid is a part.
(The approximate quantities of Work to be completed in-place under the Contract are identified
in the bid schedule and are for the purpose of comparing Bids. These quantities have been
estimated and the quantities used are for the general information of the Bidder, representing the
major items of the Work to be done. Minor details are not listed but shall be part of the complete
Contract).
9.The undersigned agrees to hold firm the Bid for thirty days for the purpose of the Town
reviewing the Bids and investigating the qualifications of the Bidders prior to award of Contract.
Extensions of time may be made if mutually agreed upon.
Page 87
Town of Estes Park Fall River Trail Extension (TAP &MMOF)
Page | 3
10. The undersigned hereby authorizes and requests any person, firm or corporation to
furnish any information requested by the Town of Estes Park in verification of the recitals in this
statement.
This proposal is submitted by:
____________
Bidder Company Name
By: Date
Title:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2022, by ______________________________, as
_____________________________ of ______________________________. (If by natural
person or persons, insert name or names; if by person acting in representative or official capacity
or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or
description; if by officer of corporation, insert name of such officer or officers as the President or
other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission .
Notary Public
.
Page 88
TOWN OF ESTES PARK
NAME OF PROJECTFall River Trail Extension (TAP and MMOF)
BID SCHEDULE
CONTRACTOR NAME:
ITEM NO.ITEM UNIT UNIT COST
BID SCHEDULE 1
SEGMENT A
QUANT.COST
BID SCHEDULE 2
SEGMENT A+B
QUANT.COST
201-00000 CLEARING AND GRUBBING LS 1 1
202-00010 REMOVAL OF TREE (6 INCH - 16 INCH)EA 34 35
202-00010 REMOVAL OF TREE (GREATER THAN 16 INCH)EA 7 7
202-00035 REMOVAL OF PIPE LF 44 44
202-00220 REMOVAL OF ASPHALT MAT SY 983 1,020
202-00810 REMOVAL OF GROUND SIGN EA 2 3
202-00811 REMOVAL OF MAILBOX STRUCTURE EA 2 2
202-04002 CLEAN CULVERT EA 3 4
203-00000 UNCLASSIFIED EXCAVATION CY 1,245 1,419
203-00400 ROCK EXCAVATION CY 200 200
203-01500 BLADING HR 7 8
203-01550 DOZING HR 10 12
203-01594 COMBINATION LOADER HR 18 20
203-01597 POTHOLING HR 24 32
207-00210 STOCKPILE TOPSOIL CY 258 316
207-00700 TOPSOIL (ONSITE)CY 258 316
207-00702 TOPSOIL (OFFSITE)CY 208 266
207-00705 TOPSOIL (OFFSITE) (TOWN SUPPLIED)CY 50 50
208-00002 EROSION LOG TYPE 1 (12-INCH) LF 2,817 3,441
208-00021 SILT FENCE (REINFORCED)LF 215 215
208-00041 ROCK CHECK DAM EA 4 4
208-00046 PRE-FABRICATED CONCRETE WASHOUT STRUCTURE (TYPE 1)EA 1 1
208-00051 STORM DRAIN INLET PROTECTION (TYPE 1)LF 32 32
208-00075 PRE-FABRICATED VEHICLE TRACKING PAD EA 1 1
208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR)HR 7 8
208-00105 REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT)HR 7 8
208-00106 SWEEPING (SEDIMENT REMOVAL)HR 20 24
208-00107 REMOVAL OF TRASH HR 1 2
208-00207 EROSION CONTROL MANAGEMENT (ECM)DAY 25 30
210-00010 RESET MAILBOX STRUCTURE EA 2 2
210-00810 RESET GROUND SIGN EA 4 5
210-04010 ADJUST MANHOLE EA 3 3
210-04050 ADJUST VALVE BOX EA 0 1
212-00100 TREE RETENTION & PROTECTION LS 1 1
212-00700 ORGANIC FERTILIZER LB 192 235
212-00701 COMPOST (MECHANICALLY APPLIED)CY 41 51
212-00703 HUMATE LB 113 139
Page 89
212-00704 MYCORRHIZAE LB 6 7
212-00706 SEEDING (NATIVE) DRILL AC 1 1
212-00708 SEEDING (NATIVE) BROADCAST AC 0 0
213-00150 BONDED FIBER MATRIX AC 0 0
216-00211 SOIL RETENTION BLANKET (EXCELSIOR) (BIODEGRADABLE CLASS 1)SY 1,608 2,228
217-00020 HERBICIDE TREATMENT HR 22 24
240-00000 WILDLIFE BIOLOGIST HR 6 8
240-00010 REMOVAL OF NESTS HR 22 24
240-00020 NETTING SY 20 25
304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 535 629
403-00720 HOT MIX ASPHALT (PATCHING) (ASPHALT)TON 197 208
412-01100 CONCRETE PAVEMENT (11-INCH)SY 99 99
504-03412 RETAINING WALL (ROCK)SF 3,664 3,664
506-00206 RIPRAP (6-INCH)CY 1 3
506-00209 RIPRAP (9-INCH)CY 3 3
506-00212 RIPRAP (12-INCH)CY 5 5
514-00200 PEDESTRIAN RAILING (STEEL)LF 488 488
601-01000 CONCRETE (CLASS B)CY 0 2
601-03052 CONCRETE (CLASS D) (WALL) (COLORED) CY 384 384
602-00020 REINFORCING STEEL (EPOXY COATED) (WALL)LB 43,325 43,325
603-10180 18-INCH CURRUGATED STEEL PIPE LF 47 47
603-10240 24-INCH CORRUGATED STEEL PIPE LF 3 8
606-01370 TRANSITION TYPE 3G EA 2 2
606-02003 END ANCHORAGE (NONFLARED)EA 2 2
606-10805 BRIDGE RAIL TYPE 8 (SPECIAL)LF 480 480
607-11456 FENCE (WOOD) (POST & DOWEL)LF 745 769
607-11525 FENCE (PLASTIC)LF 656 656
608-00015 DETECTABLE WARNINGS SF 108 108
608-00351 CONCRETE SIDEWALK (8-INCH) (COLORED)SY 26 26
608-00026 CONCRETE BIKEWAY (6-INCH) (COLORED)SY 1,798 2,332
608-00029 CONCRETE BIKEWAY (8-INCH) (COLORED)SY 186 186
608-10000 SIDEWALK DRAIN LF 16 16
608-90001 CONCRETE BIKEWAY THICKENED EDGE LF 16 16
609-21020 CURB TYPE 2 (SECTION IIB)LF 15 15
612-00001 DELINEATOR (TYPE I)EA 1 2
614-01402 STEEL SIGN SURFACE MOUNT BASE PLATE (SLIPBASE)EA 4 5
620-00020 SANITARY FACILITY EA 1 1
625-00000 CONSTRUCTION SURVEYING LS 1 1
626-00000 MOBILIZATION LS 1 1
627-00001 PAVEMENT MARKING PAINT (TEMPORARY) GAL 4 4
627-00005 EPOXY PAVEMENT MARKING GAL 3 3
630-00000 FLAGGING HR 2,000 2,200
630-00007 TRAFFIC CONTROL INSPECTION DAY 100 108
630-00012 TRAFFIC CONTROL MANAGEMENT DAY 130 150
630-80335 BARRICADE (TYPE 3 M-A) (TEMPORARY)EA 2 2
Page 90
630-80341 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE A)EA 30 30
630-80342 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE B)EA 2 2
630-80344 CONSTRUCTION TRAFFIC SIGN (SPECIAL)SF 2 2
630-80360 DRUM CHANNELIZING DEVICE EA 80 100
630-86810 TRAFFIC SIGNAL (TEMPORARY)EA 1 1
700-70010 F/A MINOR CONTRACT REVISIONS FA 1 1
700-70380 F/A EROSION CONTROL FA 1 1
700 F/A MISC, CDOT FORCE ACCOUNT ITEMS (OJT, PARTERNERING, ETC.)FA 1 1
TOTAL BID $0.00
*Note this Bid Schedule shall take precedence over the Summary of Approximate Quantities listed in the Construction Plans
Total Bid Written in Words
Name of Bidding Company Addendum and Date Received
Street Address City State Zip Code
Authorized Signer and Title (Print)Authorized Signer (Signature)Date
Please List All Anticipated Subcontractors and Their Tasks
Subcontractor Anticipated Tasks
SUBTOTAL OF CONSTRUCTION ITEMS
Page 91
Agreement for Construction Contract--Page 1 of 5 Fall River Trail Extension (TAP & MMOF)
[To complete this form, press f11 to move from field to field and follow any prompts. If no
prompt appears (like date or section number fields), press f11 to skip to next field. Now press
delete to delete this prompt, and press f11 to proceed.]
[Town Staff will fill in this form in accordance with the instructions included within.]
CONSTRUCTION CONTRACT
[TYPE PROJECT NAME, THEN PRESS F11 TO PROCEED]
THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of
Estes Park, Colorado (Town), a municipal corporation, and [Type name of contractor as
registered with the Colorado Secretary of State, then press f11 to proceed] (Contractor), a [Type
'Type of Corporation' (such as a Colorado limited liability company), then press f11 to proceed],
whose address is [Type address, then press f11 to proceed].
In consideration of these mutual covenants and conditions, the Town and Contractor agree as
follows:
SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract
Documents.
CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents.
In resolving inconsistencies among two or more of the Contract Documents, precedence will be
given in the same order as enumerated.
LIST OF CONTRACT DOCUMENTS.
The Contract Documents, except for Modifications and Change Orders issued after execution of
this Agreement, are:
1.Change Orders;
2.Construction Contract;
3.The following addenda, if any:
i.Number Date Page(s)
4.The following Special Conditions of the Contract:
i.Document Title Page(s)
5.General Conditions;
6.The following Technical Specifications:
i.Document Title Page(s)
7.The following Drawings:
i.Number Title Date
Page 92
Agreement for Construction Contract--Page 2 of 5 Fall River Trail Extension (TAP & MMOF)
8.Notice to Proceed;
9.Notice of Award;
10.Invitation to Bid
11.Bid Bond;
12.Bid Proposal;
13.Instructions to Bidders;
14.Performance Bond and Payment Bond;
15.Insurance Certificates;
16.Construction Progress Schedule; and
17.Any other documents listed as Contract Documents in the General Conditions.
CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the
completion of the Project according to the Contract, subject to change orders as approved in
writing by the Town, under the guidelines in the General Conditions. The Town will pay the base
sum of [Type amount of contract price, then press f11 to proceed] DOLLARS (Contract Price),
to the Contractor, subject to full and satisfactory performance of the terms and conditions of the
Contract. The Town has appropriated sufficient money for this work.
COMPLETION OF WORK. The Contractor must begin work covered by the Contract within
[Type number of work days to begin work, then press f11 to proceed] work days, and must
complete work:
[Select one]
___ within [Type number of calendar days to complete work, then press f11 to
proceed]calendar days from and including the date of Notice to Proceed, according to the
General Conditions.
___ by [Type date, then press f11 to proceed].
___ as described in the Special Conditions.
LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within
the time period described above, or within such other construction time if modified by a change
order, the Town may permit the Contractor to proceed, and in such case, may deduct the sum of
$[Type dollar amount, then press f11 to proceed] for each calendar day that the Work shall
remain uncompleted from monies due or that may become due the Contractor. This sum is not a
penalty but is the cost of field and office engineering, inspecting, interest on financing and
liquidated damages.
The parties agree that, under all of the circumstances, the daily basis and the amount set for
liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for
delay. The Town expends additional personnel effort in administrating the Contract or portions
of it that are not completed on time, and such efforts and the costs thereof are impossible to
accurately compute. In addition, some, if not all, citizens of Estes Park incur personal
inconvenience and lose confidence in their government as a result of public projects or parts of
them not being completed on time, and the impact and damages, certainly serious in monetary as
well as other terms are impossible to measure.
Page 93
Agreement for Construction Contract--Page 3 of 5 Fall River Trail Extension (TAP & MMOF)
SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail,
postage prepaid, to the following address:
TOWN OF ESTES PARK
[Type Department or Division, then press f11 to proceed]
[Type street address, then press f11 to proceed] Street
Estes Park, CO 80517
INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor
obtains, at the Contractor's own expense, all required insurance as specified in the General
Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form
and amount.
RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save
harmless, and defend the Town, its officers and employees, from and in all suits, actions or
claims of any character brought because of: any injuries or damage received or sustained by any
person, persons or property because of operations for the Town under the Contract; the
Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of
materials while constructing the Work; because of any act or omission, neglect or misconduct of
the Contractor; because of any claims or amounts recovered from any infringements of patent,
trademark, or copyright, unless the design, device, materials or process involved are specifically
required by Contract; from any claims or amount arising or recovered under the "Workers'
Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or
environmental liability; or any failure of the Contractor to comply with any other law, ordinance,
order or decree. The Town may retain so much of the money due the Contractor under the
Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is
due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages
have been settled. Money due the Contractor will not be withheld when the Contractor produces
satisfactory evidence that the Contractor and the Town are adequately protected by public
liability and property damage insurance.
The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility
for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the
defense of the Town of Estes Park, its officers and employees, as additional insureds, the
Contractor agrees to pay for the cost of that defense.
Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the
Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs
resulting from its performance or nonperformance under the Contract.
STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as
an independent contractor and not as an agent or employee of the Town. No employee or official
of the Town will supervise the Contractor nor will the Contractor exercise supervision over any
employee or official of the Town. The Contractor shall not represent that it is an employee or
agent of the Town in any capacity. The Contractor and its employees are not entitled to
Workers' Compensation benefits from the Town and are obligated to pay federal and state
income tax on money earned pursuant to the Contract. This is not an exclusive contract.
Page 94
Agreement for Construction Contract--Page 4 of 5 Fall River Trail Extension (TAP & MMOF)
THIRD-PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give
or allow any claim, benefit, or right of action by any third person not a party to the Contract.
Any person except the Town or the Contractor receiving services or benefits under the Contract
shall be only an incidental beneficiary.
INTEGRATION. The Contract is an integration of the entire understanding of the parties with
respect to the matters set forth in it, and supersedes prior negotiations, written or oral
representations and agreements.
DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless
modified within a Contract Document.
EXECUTED this _____ day of _____________, [Type year, then press f11 to proceed].
(Signature pages to follow.)
Page 95
Agreement for Construction Contract--Page 5 of 5 Fall River Trail Extension (TAP & MMOF)
TOWN OF ESTES PARK
By:
Date
Title: _______________________________
State of )
) ss
County of )
The foregoing instrument was acknowledged before me by , as
of the Town of Estes Park, a Colorado municipal corporation, on behalf
of the corporation, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
Page 96
Agreement for Construction Contract--Page 6 of 5 Fall River Trail Extension (TAP & MMOF)
CONTRACTOR
By:
Date
Title: _______________________________
(Select the appropriate jurat statement from the choices below)
[IF CONDUCTING BUSINESS WITH A CORPORATION, USE THIS JURAT FORM
BY PRESSING DELETE TO DELETE THIS PROMPT AND THEN F11 TO
CONTINUE.
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by ,
(Name of party signing)
as of
(Title of party signing) (Name of corporation)
a corporation, on behalf of the corporation, this
(State of incorporation)
day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 97
Agreement for Construction Contract--Page 7 of 5 Fall River Trail Extension (TAP & MMOF)
[IF CONDUCTING BUSINESS WITH A LIMITED LIABILITY COMPANY (LLC), USE
THIS JUTAT FORM BY PRESSING DELETE TO DELETE THIS PROMPT AND
THEN F11 TO CONTINUE.
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by ,
(Name of party signing)
a member/partner/manager/limited partner/agent (select one) on behalf of
(Name of limited liability company)
a limited liability company, this day of , 2022.
Witness my hand and official Seal.
My Commission expires .
Notary Public
Page 98
CONSTRUCTION CONTRACT GENERAL CONDITIONS
SCOPE: Since the General Conditions are general, some conditions may not apply to a
particular Project.
Article 1--DEFINITIONS AND ABBREVIATIONS
1.1 Definitions: Whenever used in the Bidding Documents and Contract Documents, the
following terms shall have the following meanings, applicable to both the singular and plural:
1.1.1 Addenda: Written changes to the Bidding Documents issued at least two days before the
Opening of Bids which modify or interpret the Contract or changes the date set for the Opening of
Bids.
1.1.2 Alternate Bid: An Alternate Bid is an amount stated in the Bid added to or deducted from
the base amount of the Bid when the Town accepts a corresponding change in project scope,
materials or method of construction described in the Contract.
1.1.3 Bid: The proposal the Bidder submits on the prescribed Bid Forms stating the prices for
the Work to be performed.
1.1.4 Bid Forms: The Bid Proposal, Bid Bond, Bid Schedule, Bidder's Qualifications and Data,
and Subcontractors and Related Data.
1.1.5 Bidder: The person, partnership, or corporation submitting a Proposal for the performance
of the Work covered by the Contract.
1.1.6 Bidding Documents: The Invitation to Bid, Instructions for Bidders, Bid Forms,
Specifications, Drawings, Construction Contract Template, Special and General Conditions and
Addenda (if any).
1.1.7 Bonds: Bid Bonds, Performance Bonds, and Labor and Material Payment Bonds or other
instruments of security, furnished by the Contractor and its Surety according to the Contract.
1.1.8 Calendar Days: Includes all days in a month including weekends and holidays.
1.1.9 Change Order: A written modification of the Contract, issued after award to the
Contractor, authorizing an addition, deletion or revision in the Work within the general scope of
the Contract or authorizing an adjustment in the Contract Price or Contract Time, mutually agreed
upon between the Town and the Contractor.
Page 99
Construction Contract General Conditions -- Page 2 of 40
Fall River Trail Extension (TAP & MMOF)
1.1.10 Town: The Town of Estes Park, in the State of Colorado, acting by and through its Mayor,
Town Board of Trustees, Town Administrator, or other authorized representative.
1.1.11 Completion Date: The date the Contract specifies the Work is to be completed.
1.1.12 Contract: The Construction Contract consisting of the Agreement for a Construction
Contract and the incorporated Contract Documents.
1.1.13 Contract Coordinator: The authorized representative of the Town designated to act for
the Town in processing the Award of Contracts, maintaining centralized official Contract
documentation, providing administrative liaison/coordination, legal liaison/coordination via Town
Attorney, and processing of Contract Payment authorizations as approved by the Project Manager.
The Project Manager may also be the designated Contract Coordinator.
1.1.14 Contract Documents: All the documents expressly incorporated into the Construction
Contract, including but not limited to Exhibits to this Agreement, General Conditions, Special
Conditions, Drawings, Supplemental Drawings and Schedules, Technical Specifications, Bidding
Documents, Change Orders, Notice of Award, Notice of Final Acceptance, Notice of Construction
Acceptance, Notice to Proceed, and Notice of Substantial Completion.
1.1.15 Contract Price: The total monies payable to the Contractor under the terms and conditions
of the Contract.
1.1.16 Contract Time: The amount of time between beginning of Work as set out by the Notice
to Proceed and the time set in the Contract for the Completion of Work
1.1.17 Contractor: The person, company, firm or corporation contracting with the Town to
construct, erect, alter, install or repair any work or construction project.
1.1.18 Drawings: The part of the Contract prepared or approved by the Project Manager showing
the characteristics and scope of the Work to be performed.
1.1.19 Date of Contract: The execution date in the Agreement for a Construction Contract.
1.1.20 Day: A calendar day of twenty-four hours each.
1.1.21 Field Order: A written order directing a change in the Project issued by the Project
Manager to the Contractor during construction.
1.1.22 Inspector: The Town's authorized representative assigned to make detailed inspection of
the Work performed by the Contractor.
1.1.23 Notice of Award: The written notice of the acceptance of the Bid from the Town to the
successful Bidder.
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1.1.24 Notice of Construction Acceptance: The written acknowledgment that construction is
complete which starts the warranty period.
1.1.25 Notice of Final Acceptance: The written acceptance of Work performed under the
Contract, following satisfactory conclusion of the warranty period.
1.1.26 Notice of Final Settlement: The notice published by the Town in a newspaper, in
accordance with §38-26-107, C.R.S., prior to the Town’s final settlement with the Contractor for
the Work.
1.1.27 Notice to Proceed: The written notice by the Town to the Contractor authorizing it to
proceed with the Work which establishes the Contract commencement and Contract Coordinator.
1.1.28 Notice of Substantial Completion: The written notice of the date, as certified by the
Project Manager, when the Project or a specified part is sufficiently completed, according to the
Contract, so the Project or specified part can be used for the intended purposes.
1.1.29 Owner: The Town; see 1.1.9.
1.1.30 Project: The undertaking to be performed as provided in the Contract.
1.1.31 Project Manager: The authorized representative of the Town, known as the Project
Manager, assigned to the Project to ensure that all Work is performed according to the terms and
conditions of the Contract. The Project Manager may serve as Contract Coordinator, and such
titles may be used synonymously. Also see Article 10, "Project Manager's Responsibilities."
1.1.32 Shop Drawings: All Drawings, diagrams, illustrations, brochures, schedules, and other
data prepared by the Contractor, a Subcontractor, manufacturer, Supplier or distributor which
illustrate how specific portions of the Work will be fabricated or installed.
1.1.33 Special Conditions: Additions to the General Conditions containing instructions and
conditions specific to an individual Project.
1.1.34 Specifications: A part of the Contract Documents consisting of written technical
description of materials, equipment, construction systems, standards, and workmanship.
1.1.35 Subcontractor: Any person, company, firm or corporation, having a contract with the
Contractor to furnish and perform on-site labor, with or without furnishing materials for the
project.
1.1.36 Supplier: Any person or organization who supplies materials or equipment for the Work,
including that fabricated to a special design, but who does not perform labor at the site.
1.1.37 Surety: The entity which is bound with and for the Contractor for the Performance of the
Work and for the Labor and Material Payment Bond.
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1.1.38 Unit Price: An amount stated in the Bid as a price per unit of measurement for materials
or services as described in the Contract.
1.1.39 Work: The construction and services required by the Contract, whether completed or
partially completed, including all other labor, materials, equipment and services provided or to be
provided by the Contractor to fulfill the Contractor's obligations. The Work may be the whole or
a part of the Project.
1.1.40 Work Days: Includes all days in the month the Contractor is permitted to work; excludes
weekends and holidays, unless otherwise specified in one of the Contract Documents.
1.2 Abbreviations: When the following abbreviations appear in the documents, they are
defined as follows:
AASHTO American Association of State Highway and Transportation Officials
ACI American Concrete Institute
ADA Americans with Disabilities Act
AISC American Institute of Steel Construction
ANSI American National Standards Institute
ASA American Standards Association
ASCE American Society of Civil Engineers
ASME American Society of Mechanical Engineers
ASTM American Society for Testing and Materials
AWS American Welding Society
AWWA American Water Works Association
CDOT Colorado Department of Transportation
EPA Environmental Protection Agency
MUTCD Manual on Uniform Traffic Control Devices
OSHA Occupational Safety & Health Administration
WW-P Federal Specifications Prefix
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Article 2--PRELIMINARY MATTERS
2.1 Notice to Proceed
2.1.1 Following the execution of the Contract by the Parties, the Project Manager will give the
Contractor written Notice to Proceed with the Work. The Contractor shall begin and continue the
Work regularly and without interruption (unless otherwise directed in writing by the Project
Manager) with the diligence and efficacy necessary to complete the Work within the time stated
in the Contract.
2.2 Contractor's Understanding
2.2.1 The Contractor agrees that, by careful examination, it is satisfied as to the nature and
location of the Work, the conformation of the ground, the character, quality, and quantity of the
materials to be encountered, the character of equipment and facilities needed before beginning and
for the Project, the general and local conditions, and all other matters, which can in any way affect
the Work under the Contract. No oral agreement with any officer, agent or employee of the Town
either before or after the execution of the Contract shall affect or supersede any of the terms or
obligations contained in the Contract. No portion of the Work shall be constructed under
conditions that would affect adversely the quality or efficiency thereof unless special means or
precautions are taken by the Contractor to perform the work in a proper and satisfactory manner.
Any method of work suggested by the Town, but not specified, shall be used at the risk and
responsibility of the Contractor, and the Town shall have no responsibility therefor. The
Contractor alone shall be responsible for the safety, adequacy, and efficiency of the plan,
equipment, and methods.
2.3 Contractor's Warranty
2.3.1 The Contractor warrants that it has the knowledge, ability, experience, and expertise to
perform the Work competently. The Contractor warrants the capacity of the Contractor's
construction plant, personnel, and its ability to complete the Project within the allotted time.
2.4 Contractor's License and Permits
2.4.1 The Contractor will obtain all licenses and permits required to do the Work. Whenever
necessary, the Contractor will have a Building Contractor's License with the Town by the time of
Notice of Award. It will have all permits required by the Town, as well as those required by
County, State and Federal agencies. Subcontractors shall also have a Town of Estes Park Building
Contractor's License and the proper permits.
2.5 Schedules, Reports, and Records
2.5.1 No later than the pre-construction meeting, the Contractor shall submit to the Project
Manager a Construction Progress Schedule, on a form approved by the Project Manager, showing
all Work the Contractor and all Subcontractors will perform. The Project Manager may require
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the Contractor to substitute a Critical Path Method schedule (CPM), or bar graph type schedule.
The Special Conditions will state when a CPM network schedule is required.
2.5.2 The schedule shall be in enough detail for the Project Manager to readily determine the
Work to be performed each day. When requested by the Project Manager, the Contractor shall
update the schedule.
2.5.3 Before beginning construction, the Contractor shall give the Project Manager the dates it
expects to submit Shop Drawings, manufacturers' details, catalog cuts or other required special
detail Drawings and also the dates of beginning manufacture, testing, delivery and installation of
special equipment and materials. If at any time the Work is behind schedule, the Contractor shall
immediately put into effect definite procedures for getting the Work back on schedule. The
procedures shall be subject to review and modification by the Town. The Contractor shall not be
allowed extra compensation for costs incurred because of accelerated operations required to
maintain the schedule.
2.6 Contractor's Address
2.6.1 The address in the Bid Proposal is designated as the place to which all communications to
the Contractor will be delivered or mailed. The delivery at the listed address, in person or by
certified mail, of any notice, letter or other communication to the Contractor, is adequate service
upon the Contractor, and the date of the service is the date of delivery.
2.7 Notification of Utility Owners
2.7.1 The Contractor shall cooperate with Utility Owners to mitigate damage whenever the
Contractor's work affects their utilities.
2.7.2 The Contractor shall not excavate without first notifying the owners, operators or
association of owners and operators having underground facilities in the area of such excavation.
Notice may be given in person, by telephone or in writing. Notice to an association is notice to
each member of the association. If the Contractor is digging deep or even just a few inches, the
Contractor must contact Colorado 811 to have underground utilities marked, by calling 811.
iDig811 is designed for residential and professional excavators to easily and quickly submit a
utility request online.
2.7.3 Contractor shall give notice of the commencement, extent, and duration of the excavation
work at least two business days before beginning Work.
2.7.4 If the Project affects fences, landscaping, mailboxes, driveways and other privately-owned
improvements, the Contractor shall notify the affected property owners or occupants in writing at
least two business days before beginning Work. The Contractor shall submit to the Project
Manager written approval from the property owner if use of the property for storage or staging is
requested. The Contractor shall cooperate with the owners or occupants to reduce inconvenience
where reasonably possible.
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2.8 Department of Revenue Forms
2.8.1 Materials and equipment purchased solely for Town projects, that will become a permanent
part of the final project, are tax exempt. The Contractor and all subcontractors shall use the Town’s
Tax Exemption Numbers when purchasing materials or supplies in connection with the Project.
2.8.2 The Town's Tax Exemption Numbers are as follows:
a. Federal Tax Exemption Number: 84-6000661
b. State of Colorado Tax Exemption Number: 98-00492
Article 3--DRAWINGS AND SPECIFICATIONS
3.1 Intent of Drawings and Specifications
3.1.1 In the Drawings and Specifications, the Town intends that the Contractor furnish all
superintendence, labor, materials, tools, equipment, supplies, machinery and transportation
necessary for the proper execution of the Work unless specifically noted otherwise. The
Contractor shall do all the Work shown on the Drawings and described in the Specifications and
all incidental Work reasonably necessary to complete the Project in a substantial and acceptable
manner, and to complete fully the Work, ready for use, by the Town.
3.1.2 The Contractor shall complete all Work according to the Specifications and Plans, and in
compliance with applicable laws of Colorado and ordinances of the Town.
3.1.3 In interpreting the Contract, words describing materials or work having a well-known
technical or trade meaning, unless otherwise specifically defined, will be construed according to
well-known meanings as recognized by engineers, architects, and the trades.
3.1.4 When the Contract refers to a provision of the General Conditions or another Contract
Document, the Contract means the provision as amended or supplemented by other provisions of
the Contract.
3.1.5 When the Specifications state the words "as directed," or "as required," or "as permitted,"
or words of like meaning, it is understood that the direction, requirement or permission of the
Project Manager is intended. Similarly, the words approved, acceptable or satisfactory shall
refer to approval by the Project Manager.
3.1.6 The Contract Documents are intended to be complementary, and Work called for on any
Drawing and not mentioned in the Specifications, or Work described in the Specifications and not
shown on any Drawing, is included under the Contract as if set forth in both the Specifications and
Drawings.
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3.2 Copies of Drawings and Specifications Furnished
3.2.1 The Project Manager will furnish to the Contractor, free of charge, up to four copies of
Drawings and Specifications of the Work.
3.3 Discrepancies in Drawings
3.3.1 Contractor shall immediately report any discrepancies found between the Drawings and
Specifications and site conditions or any errors or omissions in the Drawings or Specifications to
the Project Manager, who shall promptly correct such error or omission in writing. Any affected
Work done by the Contractor after discovery of such discrepancies, errors or omissions and
affected by those is done at the Contractor's risk. In all cases, the Project Manager shall decide the
intent of the Drawings and Specifications. The decision is final.
3.4 Dimensions
3.4.1 Figured dimensions shall govern over scaled dimensions.
3.5 Drawings and Specifications at Job Site
3.5.1 The Contractor shall keep one complete set of all Drawings and Specifications at the job
site, available to the Project Manager or the Manager's representative at all times.
3.6 Shop Drawings
3.6.1 The Contractor shall provide Shop Drawings, settings, schedules, and such other Drawings
as may be necessary for the prosecution of the Work in the shop and in the field as required by the
Drawings, Specifications or Project Manager's instructions.
3.6.2 The Contractor shall submit for approval electronic copies of all Shop Drawings and
descriptive data as applicable showing all features not fully detailed on the Contract Plans but
essential for a completely coordinated installation.
3.6.3 The Town's approval of Shop Drawings indicates only that the type and kind of equipment,
general method of construction or detailing are satisfactory, but the Contractor may not construe
the approval as a complete check. The Contractor has the responsibility for incorporating into the
Work satisfactory materials and equipment meeting the requirements of the Contract Plans and
Specifications, the proper dimensions, and the detailing of connections.
3.6.4 The review of Shop Drawings is only to check for compliance with the design concept of
the Project and general compliance with the Contract Documents. Approval does not indicate the
waiver of any contract requirement. Changes in the Work are authorized only by separate written
Change Order.
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3.7 Record Documents
3.7.1 The Contractor shall keep one record copy of all Addenda, Change Orders, Drawings, Field
Orders, Modifications, and Shop Drawings and Specifications in good order. The Contractor shall
record any changes made during construction on the record copies. The Contractor shall make a
set of "Record Drawings" by marking this set of prints with all changes from the original Drawings
as bid, including all Change Orders, alignment changes, depth changes of underground pipes and
utilities, and all other items that are not the same as originally drawn. The Contractor shall keep
the Record Drawings up to date as the Project progresses. The Project Manager may require, as a
condition of the approval of the monthly progress payment, periodic inspection of the Record
Drawings. The Contractor will deliver the Record Drawings to the Project Manager upon
completion of the Project before Final Payment.
3.8 Differing Site Conditions
3.8.1 The Contractor shall promptly, before such conditions are further disturbed, notify the
Project Manager in writing of:
3.8.1.1 Subsurface or latent physical conditions at the job site differing materially from
those indicated in the Contract; or
3.8.1.2 Unknown physical conditions at the job site, of an unusual nature, differing materially from
those ordinarily encountered and generally recognized as inherent in Work of the character
provided for in the Contract.
3.8.2 Upon receipt of written notification from the Contractor of alleged differing site conditions,
the Project Manager shall promptly investigate the conditions and if it finds the conditions
materially differ, and so cause an increase or decrease in the Contractor's cost of or the time
required for performance of any part of the Work under the Contract, an equitable adjustment will
be made and the Contract modified in writing as provided for in Article 11 of these General
Conditions.
3.8.3 No claim will be allowed under this Article unless the Contractor has given the written
notice required in Article 3.8.1.
3.8.4 No claim will be allowed under this Article if Final Payment has been made.
3.9 Surveys
3.9.1 The Project Manager has the option to develop and arrange for detail surveys through a
separate contract if deemed desirable or necessary and if specifically noted as such in the Special
Conditions, otherwise the Contractor shall provide all survey required to construct the Project
according to the Project documents. The Contractor assumes full responsibility for construction
according to the proposed lines and grades.
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3.9.2 The Contractor shall carefully protect all monuments and property markers from
disturbance or damage.
Article 4—USE OF LAND AND RIGHT-OF-WAY
4.1 Acquisition of Right-of-Way
4.1.1 Before issuance of Notice to Proceed, the Town shall obtain all land and right-of-way
necessary for carrying out and completion of the Work to be performed pursuant to the Contract,
unless otherwise mutually agreed.
4.1.2 The Town shall provide to the Contractor information which delineates and describes the
lands owned and rights-of-way acquired, when necessary. The Contractor shall confine its
operations within the areas designated by the Project Manager.
4.2 Access to Right-of-Way
4.2.1 The Town will provide right of access to all places necessary for the performance of the
Work. Nothing contained in the Contract shall give the Contractor exclusive occupancy of the
area provided by the Town. The Town, other Contractors of the Town and utility companies may
enter upon or occupy portions of the land furnished by the Town for any purpose, but without
unreasonably interfering with the completion of the Project. Joint occupancy or use of the territory
shall not be the basis of any claim for delay or damages.
4.2.2 The responsibility for protection and safekeeping of equipment and materials on or near
the site is entirely that of the Contractor, and no claim shall be made against the Town by reason
of any act of an employee or trespasser. It shall be further understood that should any occasion
arise necessitating access to the sites occupied by these stored materials and equipment, the
Contractor shall immediately move the same. No materials or equipment may be placed upon the
Town’s property until the Town has agreed to the location contemplated by the Contractor to be
used for storage.
4.3 State Highway Right-of-Way
4.3.1 If any part of the Project is within the right-of-way of a roadway under the jurisdiction of
the Colorado Division of Transportation (CDOT) the Town shall obtain the necessary permits from
CDOT to perform such Work. The Contractor shall conform to all the requirements and
restrictions indicated on the permit. The Contractor shall restore the area to its original condition,
including reseeding if necessary, at the completion of the Project.
4.4 Temporary Storage Facilities
4.4.1 The Contractor may secure at its own expense and without liability to the Town, use of any
additional land that the Contractor may desire for temporary construction activities, and facilities,
or storage of materials.
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Article 5--BONDS AND INSURANCE
5.1 Performance Bond and Labor and Material Payment Bond
5.1.1 The Contractor shall, within ten days after receipt of the Notice of Award, and before the
commencement of any operations hereunder execute the Contract and furnish the Town with
separate Performance, and Labor and Material Payment Bonds each in a penal sum equal to the
amount of the Contract Price, conditioned upon the Contractor's performance of all undertakings,
covenants, terms, conditions, and agreements of the Contract, and upon the Contractor's prompt
payment to all persons supplying labor and materials in the prosecution of the Work provided by
the Contract. The Contractor and a corporate Bonding company, licensed to transact such business
in the State of Colorado and acceptable to the Town, shall execute the Bonds. The Contractor
bears the expense of these Bonds. If at any time the Surety on such Bonds becomes irresponsible
or loses its right to do business in the State of Colorado, the Town may require another Surety,
which the Contractor shall furnish within ten days after receipt of written notice to do so. Evidence
of authority of an attorney-in-fact acting for the corporate Surety shall be provided in the form of
a certificate as to its power of attorney and to the effect that it is not terminated and remains in full
force and effect on the date of the Bonds. The form of the Bonds is subject to the Town's approval.
5.2 Insurance
5.2.1 The insurance requirements contained in the Contract shall not limit or redefine the
obligations of the Contractor as provided elsewhere in the Contract.
5.2.2 Only insurance companies with authority to issue policies in Colorado may provide
insurance coverage under the Contract.
5.3 Insurance Requirements
5.3.1 The Contractor shall purchase and maintain, for the full period of the Contract, including
any warranty period, at the Contractor's or Subcontractor's sole expense, insurance policies
providing coverage as follows:
5.3.1.1 Comprehensive Auto Liability: Comprehensive form, including owned, hired and
non-owned automobiles. The limits of coverage shall be at least $1,000,000.00 per occurrence.
The policy shall contain a severability of interests provision. The policy shall include coverage
for uninsured/underinsured motorists.
5.3.1.2 Comprehensive General Liability: Commercial general liability insurance covering
personal injury, bodily injury and property damage; Explosion & Collapse; Underground Hazard;
Products/Completed Operations; Contractual Liability; Broad Form Property Damage; and Town's
& Contractor's Protective. The limits shall be at least $1,000,000/$1,000,000 if the Contract Price
is $50,000 or less and $1,000,000/$2,000,000 if the Contract Price is over $50,000. All policies
shall be of the occurrence form. Any deviation from the occurrence form shall be approved by the
Town of Estes Park Risk Manager. A copy of each policy and endorsement must be submitted to
the Risk Manager with each certificate of insurance when a deviation is requested.
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5.3.1.3 Workers' Compensation and Employer's Liability: as statutorily required for persons
performing work under the Contract. Any Subcontractor hired by the Contractor shall also carry
Workers' Compensation and Employers' Liability coverage. Employer's liability insurance shall
have a minimum coverage of $1,000,000 per occurrence.
5.3.1.4 Builder's Risk: a Builder's Risk Policy is required in an amount not less than the Contract
Price. The Contractor shall cause its insurance provider to name the Town as an additional insured.
5.3.1.5 Installation Floater: an Installation Floater Policy is required for contracts involving the
installation of unique or customized equipment and for contracts involving installations that in the
judgment of the Town threaten to damage existing structures. The Contractor shall cause its
insurance provider to name the Town as an additional insured.
5.3.2 Additional Insured Clause: The insurance coverage required for the performance of the
Contract must be endorsed to name the Town of Estes Park, Colorado, a municipal corporation,
its mayor and trustees, officers, agents, employees and volunteers, as additional insured with
respect to the activities performed under the Contract.
5.3.3 Primary Insurance Endorsement: Pursuant to an endorsement submitted to and
approved by the Town, all coverage must specifically state the insurance coverage for the Project.
In no event shall an additional endorsement in the form of GL20.09 (1973-01 ed.) or any similar
form be submitted or accepted.
5.3.4 Certificate of Insurance: As evidence of the insurance coverage required by the Contract,
the Contractor shall furnish a certificate of insurance to the Project Manager. The certificate will
specify parties who are additional insured. If the Contractor is self-insured under the laws of the
State of Colorado, Contractor shall provide appropriate declarations of coverage.
5.3.5 Continuance of Insurance: For the term of the Contract, which includes any warranty
periods, the Contractor shall not cancel, materially change or fail to renew the insurance coverage,
and agrees to notify the Contract Coordinator of any material reduction or exhaustion of aggregate
policy limits. If the Contractor fails to purchase or maintain the insurance coverage set forth in
these General Conditions, the Town may deem such failure to be breach of this Contract.
5.3.6 Policy Details: Insurance required shall be with companies qualified to do business in the
State of Colorado with a general policyholder’s financial rating of not less than A+3A as set forth
in the most current edition of “Best’s Insurance Reports” and may provide for deductible amounts
as the Contractor may deem to be reasonable for the Project, but in no event greater than Twenty
Thousand Dollars ($20,000). No such policies shall be cancelable or subject to reduction in
coverage limits or other modification. The Contractor shall not do or permit to be done anything
that shall invalidate the insurance policies referred to in this paragraph.
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Article 6--INDEMNIFICATION
6.1 Responsibility for Damage Claims: The Contractor shall indemnify, save harmless, and
defend the Town, its officers and employees, from and in all suits, actions or claims of any
character brought because of: any injuries or damage received or sustained by any person, persons
or property because of operations for the Town under the Contract; the Contractor's failure to
comply with the provisions of the Contract; the Contractor's neglect of materials while constructing
the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any
claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the
design, device, materials or process involved are specifically required by Contract; from any
claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the
Contractor's failure to comply with the act; pollution or environmental liability; or any failure of
the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so
much of the money due the Contractor under the Contract, as the Town considers necessary for
such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until
such suits, actions, claims for injuries or damages have been settled. Money due the Contractor
will not be withheld when the Contractor produces satisfactory evidence that it and the Town are
adequately protected by commercial general liability and property damage insurance.
6.1.1 The Contractor also agrees to pay the Town all expenses incurred to enforce this
"Responsibility for Damage Claims" agreement and if the insurer of the Contractor fails to provide
or pay for the defense of the Town of Estes Park, its officers and employees, as additional insured,
the Contractor agrees to pay for the cost of that defense.
6.1.2 Nothing in the INSURANCE PROVISIONS shall limit the Contractor's responsibility for
payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance
or nonperformance under the Contract.
Article 7--CONTRACTOR'S RESPONSIBILITIES
7.1 Control of the Work
7.1.1 When the Contractor is not present on the Project it shall have a Superintendent or other
representative acceptable to the Town present who shall, during the absence of the Contractor, be
its representative and have immediate charge of the Project. The Superintendent or representative
shall have the Contractor's authority to act in its absence. The Superintendent shall ensure
expeditious and competent handling of the work. A superintendent experienced in construction of
the type specified and who is a permanent member of the Contractor’s organization shall be a
resident at the Project throughout the construction. The superintendent shall be fully authorized
to act for the Contractor and to receive whatever orders or notices may be given for the proper
prosecution of the work. The Contractor’s field organization shall include an experienced staff of
qualified technical personnel to handle on-site engineering, planning, and direction of all
fieldwork.
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7.1.2 Any person employed on the Project who fails, refuses or neglects to obey the
Superintendent or Contractor's other designated representative, shall, upon the order of the Project
Manager, be at once removed from the Project and not again employed on any part of the Project.
7.2 General Use of Subcontractors
7.2.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the
Work which, under normal contracting practices, are performed by specialty Subcontractors.
7.2.2 The Contractor shall not sublet or subcontract any portion of the Work to be done under
the Contract until approval of such action has been obtained from the Town.
7.2.3 The Contractor is fully responsible to the Town for the acts and omissions of its
Subcontractors, and of persons either directly or indirectly employed by them.
7.2.4 Nothing contained in the Contract creates any contractual relationship between any
Subcontractor and the Town.
7.2.5 The Contractor shall put appropriate provisions in all Subcontracts relative to the Work to
bind Subcontractors to the terms of the Contract insofar as applicable to the Work of
Subcontractors, and to give the Contractor the same power to terminate any Subcontractor that the
Town may exercise over the Contractor.
7.2.6 The Contractor shall make available to each proposed Subcontractor, before the execution
of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will
be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and
conditions of the proposed subcontract agreement which may be at variance with the Contract
Documents. Subcontractors shall similarly make copies of applicable portions of such documents
available to their respective proposed Sub-Subcontractors.
7.3 Materials and Equipment Furnished by the Contractor
7.3.1 The Contractor shall furnish and pay the cost of all of the necessary materials not furnished
by the Town, all the superintendence, labor, tools, equipment, installation, maintenance,
dismantling and removal of materials, supplies, temporary facilities, machinery and transportation.
The Contractor shall perform all the work required for the construction of all structures listed and
itemized under the Bid Schedule of the Bid in strict accordance with the plans, Specifications and
requirements and any amendments thereto and supplemental plans and Specifications hereafter
approved.
7.3.2 Unless otherwise provided for in the Specifications, all workmanship, equipment,
materials, and articles incorporated in the Project are to be the best of their respective kinds, new
and undamaged.
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7.3.3 Materials, supplies or equipment to be incorporated into the Project shall not be purchased
by the Contractor or any Subcontractor subject to chattel mortgage or under a conditional sales
contract or other agreement by which an interest is retained by the seller.
7.3.4 The Contractor shall furnish the Project Manager, for the Manager's approval, the name of
the manufacturer of machinery and other equipment for materials the Contractor contemplates
incorporating in the Project. The Contractor shall also furnish information on capacities,
efficiencies, sizes, etc., and other information as may be required by the Project Manager. The
Contractor shall submit samples for approval when requested. Machinery, equipment, materials,
and articles installed or used without the Project Manager's approval are at the risk of subsequent
rejection.
7.3.5 The Contractor shall give the Project Manager an electronic copy of all shop manuals,
operating manuals, parts lists, classifications, catalog cuts, Specifications, warranties and
guarantees for all equipment and machinery installed.
7.3.6 Consideration of a product as an "equal" by the Project Manager may require that
the manufacturer of such product furnish guarantees that extend beyond the usual product
warranty time. The refusal of a manufacturer to provide such guarantees is sufficient reason for
rejecting the product.
7.4 Patents and Copyrights
7.4.1 The Contractor shall provide a suitable legal agreement with the patentee giving the
Contractor the right to use any design, device, material, or process covered by letters patent or
copyright, in the construction of the Project when the use has not been specified or required by the
Drawings and Specifications. The Contractor shall file a copy of this agreement with the Town,
if requested. The Contractor and the Surety shall indemnify, defend and save harmless the Town
from all claims for infringements on patented design, devices, material, process or any trademark
or copyright during the prosecution or after the completion of the Project.
7.4.2 If any design, device, material, process or product of a particular manufacturer covered by
letters patent or copyright is specified for use by the Drawings and Specifications, the Town is
responsible for any claims for infringement by reason of the use of such design, device, material,
process or product of a particular manufacturer; but the Contractor shall pay any royalties or
license fees required.
7.5 Existing Utilities
7.5.1 The Town has collected and shown on the Drawings available information on the location
of existing underground, surface and overhead structures and utilities. However, the Town does
not guarantee the results of the investigations are accurate or complete. It is the Contractor's
responsibility to verify all locations of existing structures and utilities shown on the Drawings and
to ascertain whether any other structures and utilities exist.
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7.5.2 The Contractor shall support, and protect from injury, existing power lines, telephone lines,
water mains, gas mains, sewers, cables, conduits, ditches, curbs, walks, pavements, driveways,
and other structures in the vicinity of the Project which are not authorized to be removed until
completion of the Project. The Contractor shall protect, shore, brace, support, and maintain all
underground pipes, conduits, drains, and other underground construction uncovered or otherwise
affected by the construction work performed by the Contractor.
7.6 Coordination with Town Departments
7.6.1 The Contractor shall always coordinate its Work with the Town of Estes Park Public Works
and Utilities Departments. If it becomes necessary to close portions of any water system due to
construction operations, a minimum of 48 hours notification shall be given the Utilities
Department and whenever possible one week's notice should be given. It is the Contractor's
responsibility to ensure continuity of the utilities.
7.6.2 If Town owned electrical utilities are involved, the Contractor shall coordinate its Work
with the Town of Estes Park Utilities Department. Contractors should make every effort to give
the Utilities Department one week's notice of upcoming construction involving the electric
services; a minimum of 48 hours notification shall be given to the Utilities Department.
7.6.3 All electrical power and water from Town owned utilities required for the Project will be
provided at the Contractor's expense.
7.6.4 The Contractor shall cooperate with all other contractors who may be performing work on
behalf of the Town and workers who may be employed by the Town in the vicinity of the work
under the Contract and shall conduct operations to minimize interference with the work of such
contractors or workers. The Contractor shall promptly make good, at the Contractor’s own
expense, any injury or damage that may be sustained by other contractors or employees of the
Town at the Contractor’s hands. Any difference or conflict that may arise between the Contractor
and other contractors shall be resolved as determined by the Town. If the work of the Contractor
is delayed because of any acts or omissions of any other contractor, the Contractor shall have no
claim against the Town on that account other than an extension of time. If any part of the
Contractor’s work is dependent upon the quality and completeness of work performed under
another contract, the Contractor shall inspect the other contractor’s work and promptly report
defects therein which render such work unsuitable for the proper execution of the work under this
Contract. Failure to report such defects to the Town shall constitute the Contractor’s acceptance
of such work as suitable to receive the Contractor’s work; provided, however, that the Contractor
shall not be responsible for defects which develop after such inspection and which could not have
been reasonably detected or foreseen.
7.7 Laws and Ordinances
7.7.1 The Contractor shall perform all obligations under the Contract in strict compliance with
all federal, state, and municipal laws, rules, statues, charter provisions, ordinances, and
regulations, applicable to the performance of the Contractor under the Contract.
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7.7.2 The Contractor shall obtain all other permits and licenses required in the prosecution of
the Work.
7.7.3 It is unlawful and unethical for any person to offer, give or agree to give any Town
employee, Town official or former Town employee, or for any Town employee, Town official or
former Town employee to solicit, demand, accept or agree to accept from another person, a gratuity
or an offer of employment in connection with any decision, approval, disapproval,
recommendation or preparation of any part of a program requirement or a purchase request,
influencing the content of any specification or procurement standard, rendering of advice,
investigation, auditing or in any other advisory capacity in any proceeding or application, request
for ruling, determination, claim or controversy, or other particular matter, pertaining to any
program requirement or a contract or subcontract, or to any solicitation or proposal therefor.
7.7.4 It is unlawful and unethical for any payment, gratuity or offer of employment to be made
by or on behalf of a subcontractor under a contract to the prime contractor or higher tier
subcontractor of any person associated therewith, as an inducement for the award of a subcontract
or order.
7.8 Protection of Persons
7.8.1 It is a condition of the Contract, and the Contractor shall make a condition of each
Subcontract entered into pursuant to the Contract, that the Contractor and any Subcontractor shall
not require any laborer, mechanic or other person employed in performance of the Contract to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous
to health or safety. The Contractor shall comply with all applicable safety rules and regulations
adopted by the United States Department of Labor Occupational Safety and Health Administration
(OSHA), the Industrial Commission of the State of Colorado or the Town of Estes Park, whichever
is most restrictive. The Town assumes no duty to ensure that the Contractor follows the safety
regulations issued by OSHA or the State of Colorado.
7.8.2 For operations involving trenching, excavation or any other underground construction, the
Contractor's attention is specially directed to and its Work shall conform to the Construction Safety
and Health Regulations, Part P Subparagraph 1926.650-653 by OSHA, latest revision.
7.8.3 The Contractor shall always, whether or not so specifically directed by the Project
Manager, take necessary precautions to ensure the protection of the public. The Contractor shall
furnish, erect, and maintain at its own expense all necessary precautions for the protection of the
Work and safety of the public through and around its construction operations.
7.9 Protection of Property
7.9.1 The Contractor shall continuously and adequately protect the Work from damage, injury
or loss arising in connection with the Contract. It shall repair or replace at its expense any such
damage, injury or loss, except such as may be directly due to error in the Contract or caused by
agents or employees of the Town. It shall provide and maintain at its expense all passageways,
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barricades, guard fences, lights, and other protection facilities required by public authority or local
conditions.
7.9.2 The Contractor is responsible for protection of all public and private property on and
adjacent to the site of the Work. It shall use every precaution necessary to prevent damage to
curbs, sidewalks, driveways, trees, shrubs, sod, mailboxes, fences, and other private and public
improvements. It shall protect carefully from disturbance or damage all land monuments and
property markers until an authorized agent has witnessed or otherwise referenced their locations,
and shall not remove them until directed.
7.9.3 The Contractor shall carefully preserve all monuments, benchmarks, property pins,
reference points, and stakes. The Contractor shall be charged with the expense of replacement of
any such items destroyed and shall be responsible for any mistake or loss of time that may be
caused. Permanent monuments or benchmarks which must be removed or disturbed shall be
protected until they can be properly referenced for relocation. The Contractor shall furnish
materials and assistance for the proper replacement of such monuments or benchmarks, but actual
replacement shall be done by a licensed surveyor.
7.9.4 Whenever, in the opinion of the Town, the Contractor has not taken sufficient precaution
for the safety of the public or the protection of the work to be constructed under the Contract or of
adjacent structures or property, and whenever, in the opinion of the Town, an emergency has arisen
and immediate action is considered necessary, then the Town, with or without notice to the
Contractor, may provide suitable protection by causing work to be done and material to be
furnished and placed. The cost of such work and material shall be borne by the Contractor and, if
the same is not paid on presentation of the bills therefore, such costs may be deducted from any
amounts due or to become due the Contractor. The performance of such emergency work shall
not relieve the Contractor of responsibility for any damage that may occur.
7.10 Protection of Historical Sites
7.10.1 When the Contractor's excavating operations encounter remains of prehistoric people's
dwelling sites or artifacts of historical or archeological significance, the Contractor shall
temporarily discontinue the operations, and immediately advise the Project Manager. The Project
Manager will contact archeological authorities to determine the disposition of the items in
question. When directed, the Contractor shall excavate the site in such a manner as to preserve
the artifacts encountered and remove them for delivery to the custody of the proper authorities.
Such excavation is considered, and paid for, as extra Work.
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7.11 Responsibility to Repair
7.11.1 Should any existing property be damaged, the Contractor shall immediately notify the
Owner of such property. Unless authorized in writing by the owner of the property or directed by
the Project Manager, the Contractor shall not attempt to make repairs. Written authorization from
the owner to make repairs must be so worded as to save the Town harmless from any responsibility
whatsoever relative to the sufficiency of the repairs, and to make the Town a beneficiary of that
provision. The Contractor shall give the Project Manager a copy of the written authorization to
make repairs.
7.11.2 When any direct or indirect damage or injury is done to any public or private property or
utility by or on account of any act, omission, neglect or misconduct in the execution of the Work,
the Contractor shall restore the damaged property at its own expense to a condition equal to or
better than that existing before such damage or injury.
7.11.3 The Contractor shall replace any materials and equipment lost, stolen, damaged or
otherwise rendered useless during the performance of Work on the Project.
7.12 Traffic Control
7.12.1 The Contractor shall arrange Work to disrupt traffic as little as possible. All traffic Control
Devices used shall conform to the latest edition of the Manual of Uniform Traffic Control Devices,
(MUTCD). Except as otherwise permitted, two-way traffic shall be maintained at all times in
public roadways. At least 72 hours before starting any Work in Town right-of-way, the Contractor
shall submit a detailed traffic control plan for review from the Public Works Department. The
approval shall establish the requirements for closures related to the number of lanes and time of
day lanes or streets may be closed. The Traffic Control Plan (TC Plan) shall include the name of
the contractor, the name and phone number of the person responsible for the traffic control, the
date for beginning and ending construction activity and hours of operation expected. The TC Plan
should show the widths of streets involved, traffic lanes, the size and location of the Work area
with distances from the curb, distance to the nearest intersection and the type and location of traffic
control devices. No changes to the TC Plan shall be permitted without prior approval by the Public
Works Department.
7.12.2 The Contractor shall furnish and maintain all necessary signs, barricades, lights, and
flaggers necessary to control traffic and provide for safety of the public, all in compliance with the
MUTCD with subsequent revisions and additions, and to the satisfaction of the Public Works
Department.
7.12.3 Whenever a police officer is necessary for traffic control, the Contractor shall hire and pay
a uniformed off-duty police officer with authority in the Town to direct traffic. The police
department will determine the rate of pay for the officers.
7.12.4 The Contractor shall make its Traffic Control plans in concurrence with the Traffic Control
requirements specifically stated in the Special Conditions.
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7.13 Sanitary Regulations
7.13.1 The Contractor is responsible for providing proper health and sanitation facilities for its
employees, in compliance with any rules and regulations of the State Board of Health or any other
bodies having jurisdiction.
7.13.2 The Contractor shall always provide an abundant supply of safe drinking water for its
employees and shall give orders against the drinking of any water known to be unsafe in the
vicinity of the Project.
7.13.3 At convenient places, the Contractor shall provide fly-proof outside toilets which are to be
maintained in a sanitary condition. Toilets shall not be permitted in any reservoir area and shall
not be permitted where they may pollute a water supply.
7.14 Pollution Control
7.14.1 The Contractor shall comply with all applicable Federal and State laws, orders, and
regulations concerning the control, prevention, and abatement of water pollution, air pollution, and
noise pollution in all operations pertaining to the Contract whether on right-of-way provided by
the Town or elsewhere.
7.14.2 The Contractor shall use construction methods that prevent release, entrance or accidental
spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes
including, but not restricted to refuse, garbage, cement, concrete, sewage effluent, industrial waste,
radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral
salts, and thermal pollution. Non-regulated solid wastes shall be disposed of by methods approved
under applicable laws and regulations, including, the Resource Conservation and Recovery Act
(RCRA), Subtitle D, as administered by Colorado and local Health Departments and the EPA.
Contaminated and hazardous materials are regulated by RCRA, Subtitles C and D. The Contractor
shall notify the Colorado Department of Public Health and Environment, Larimer County Public
Health, and the Estes Valley Fire Protection District if suspect materials are encountered.
7.14.3 The Contractor shall utilize methods and devices that are reasonably available to control,
prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants
including dust in its construction activities and operation of equipment.
7.14.4 The Contractor shall not emit dust into the atmosphere during any operations,
including but not limited to: grading; excavating; manufacturing, handling or storing of aggregates;
trenching; or cement or pozzolans. The Contractor shall use the necessary methods and equipment
to collect, deposit, and prevent dust from its operations from damaging crops, orchards, fields or
dwellings or causing a nuisance to persons. The Contractor is liable for any damage resulting from
dust.
7.14.5 The Contractor may not operate equipment and vehicles with excessive emission of
exhaust gases due to improper mechanical adjustments, or other inefficient operating conditions,
until repairs or adjustments are made.
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7.14.6 Burning trash, rubbish, trees, brush or other combustible construction materials is
permitted only when the Contractor has any necessary burning permit from any authority having
jurisdiction. Burning shall be conducted in strict conformance with the permit.
7.14.7 De-watering for structure foundations or earthwork operations adjacent to or encroaching
on lakes, streams or water courses shall be done in a manner which prevents muddy water and
eroded materials from entering the lakes, streams or water courses, by construction of intercepting
ditches, bypass channels, barriers, settling ponds or by other approved means. Excavated materials
may not be deposited or stored in or alongside lakes or water courses where they can be washed
away by high water or storm runoff.
7.14.8 The Contractor may not allow waste water from aggregate processing, concrete batching
or other construction operations to enter lakes, streams, water courses or other surface waters
without turbidity control methods such as settling ponds, gravel-filter entrapment dikes, approved
flocculation processes that are not harmful to fish, recirculation systems for washing of aggregates
or other approved methods. Any waste waters discharged into surface waters shall conform to
applicable discharge standards of the Colorado Department of Public Health and Environment and
the Federal Government.
7.15 Stormwater Quality
7.15.1 The Contractor shall be responsible for the preservation and protection of storm water
collection systems and other natural and developed drainage ways, which may be affected by Work
done under the Contract. Any construction activity may be required to obtain a Stormwater
Discharge Permit Associated with Construction Activity from the Colorado Department of Public
Health and Environment (CDPHE). The Colorado Department of Public Health and Environment,
Water Quality Control Division, can be reached at 303-692-3500
http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html ). Unless otherwise indicated, the
Contractor is responsible for obtaining this permit from the Colorado Department of Public Health
and the Environment.
7.15.2 The Contractor shall satisfy all environmental quality standards imposed by law and take
reasonable steps to minimize the environmental impact of the work. In compliance with applicable
Town, state and federal law:
1.The Contractor shall not pollute the water of any pond, lake, stream, ditch, or other
watercourse.
2.The Contractor will implement erosion control practices and stormwater best management
practices.
3.The Contractor will comply with all appropriate groundwater discharge permits associated
with this project.
7.15.3 All permit requirements must be met throughout the warranty period and until Final
Stabilization is reached.
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7.15.4 For purposes of this Contract, the Project Manager is authorized to enforce the Estes Park
Municipal Code. Any direct costs, including assessed fines, will be charged to the Contractor and
appropriate deduction will be made from the Contractor’s monthly payments.
7.15.5 This work consists of constructing, installing, maintaining, and removing when required,
erosion control measures during the life of the Contract or length of any permit, whichever is open
longer, to prevent or minimize erosion, sedimentation, and pollution of any state waters including
wetlands as defined in the Colorado Department of Transportation Standard Specifications Section
208 or 107.25, or Urban Drainage and Flood Control District (UDFCD) Volume 3 Urban Storm
Drainage Criteria Manual, or Town design standards.
7.15.6 The Contractor shall coordinate the construction of temporary erosion control measures
with the construction of permanent erosion control measures to assure economical, effective and
continuous erosion control throughout the construction and warranty period.
7.15.7 The materials for erosion control measures shall conform to Section 208 of the Colorado
Department of Transportation Standard Specifications or Urban Drainage and Flood Control
District (UDFCD) Volume 3 Urban Storm Drainage Criteria Manual.
7.15.8 The Contractor is responsible for complying with the requirements of any Town
development permit or approval and the Stormwater Discharges Permit associated with
Construction Activity Permit from CDPHE until the permits have been formally inactivated.
Contract requirements include:
a.Develop a Stormwater Management Plan (SWMP) and submit to the Town for review and
approval.
b.After Town approval of the SWMP, submit a permit application to CDPHE at least 10 days
prior to the start of construction activities.
c.Submit proof of issuance of a Town development permit or approval and proof of issuance
of a Stormwater Discharge Permit Associated with Construction Activity to the Project
Manager.
During Construction:
a.Keep a current copy of the SWMP on site at all times.
b.Document any plan changes on the approved SWMP.
c.Install Best Management Practices (BMPs) according to specifications outlined in the
SWMP.
d.Perform visual inspection daily.
e.Perform written inspections of stormwater and erosion controls every 14 days and
following each significant storm event.
f.Maintain inspection records and maintenance records on-site with the SWMP at all times.
g.Provide SWMP and inspection records to Town Inspector upon request.
h.Maintain and modify BMPs to reflect current conditions of the job site until Final
Stabilization is achieved.
i.In accordance with project schedule, implement phasing of grading and temporary
vegetation cover to properly manage site runoff during periods of construction inactivity.
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Post-Construction
j.Project Manager or Designee will determine when final stabilization is reached. Final
Stabilization, as defined by the State of Colorado, is reached when all soil disturbing
activities at the site have been completed and a uniform vegetative cover has been
established with a density of at least 70 percent or pre-disturbance levels or equivalent,
permanent, physical erosion reduction methods have been employed.
k.Remove all temporary BMPs.
l.Inactivate Town development permit and the Stormwater Discharge Permit Associated
with Construction Activity through Inactivation Notice or Notice of Transfer or
Reassignment as determined by the Project Manager.
7.15.9 For more specific information about SWMP requirements, refer to state standards and
specifications.
7.15.10 Construction sites that discharge un-permitted stormwater are in violation of the Clean
Water Act, and may be subject to fines of up to $25,000 a day per violation and subject to additional
civil penalties.
7.15.11 When included in the Special Conditions, the Contractor shall assign to the project an
employee, or other person approved by the Project Manager to serve in the capacity of the Erosion
Control Supervisor (ECS). The ECS shall be a person other than the Contractor’s superintendent,
unless otherwise approved by the Project Manager. The ECS shall be experienced in all aspects
of construction and have satisfactorily completed an ECS training program authorized by the
Town. Certified Erosion Control Training is required for contractors responsible for installing and
maintaining the BMPs. Call (303) 441-1439 to inquire about the next training opportunity. Proof
that this requirement has been met shall be submitted to the Project Manager prior to start of any
earth disturbance work.
7.15.12 The ECS’s responsibilities shall be as follows:
a.Ensure compliance with all water quality permits in effect during the construction work.
b.Directly supervise the installation, construction, and maintenance of all erosion control
measures specified in the Contract and coordinate the construction of erosion control
measures with all other construction operations.
c.Direct the implementation of suitable temporary erosion and sediment control features as
necessary to correct unforeseen conditions or emergency situations. Direct the dismantling
of those features when their purpose has been fulfilled unless the Project Manager directs
that the features be left in place.
d.Inspect all erosion control features implemented for the project. The written inspections
shall take place at least once every 14 days and after each storm event that causes surface
runoff and be available for review upon request. The appropriate form for this report will
be supplied by the Project Manager. The inspections shall be made during the progress of
the work, during work suspensions, and until final stabilization acceptance of the work.
During project suspensions, inspections shall take place at least once every 14 days, or as
directed.
e.Attend all project scheduling meetings as required by Project Manager.
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f.Upon the Project Manager or Inspector’s request, implement necessary actions to reduce
anticipated or presently existing water quality or erosion problems resulting from
construction activities. The criteria by which the Project Manager or Inspector initiates
this action may be based on water quality data derived from monitoring operations or by
any anticipated conditions (e.g., predicted storms) which the Project Manager or Inspector
believes could lead to unsuitable water quality situations.
7.15.13 All erosion control shall be performed in accordance with Sections 208 of the Colorado
Department of Transportation’s Standard Specifications or Construction Best Management
Practices of UDFCD Volume 3 Urban Storm Drainage Criteria Manual.
7.15.14 Unless listed in the Bid Document, all erosion control features, including the Erosion
Control Supervisor will not be measured, but will be paid for on a lump sum basis. The lump sum
price bid will be full compensation for all work required to complete the item.
7.15.15 Work to furnish, install, maintain, remove and dispose of erosion and sediment control
features specified in the Bid document will be paid for at the contract unit price.
7.16 Cleaning Up and Restoration
7.16.1 The Contractor shall clean up all refuse or scrap materials so the site presents a neat,
orderly, and workmanlike appearance at all times.
7.16.2 Upon completion of the Project, and before Final Inspection, the Contractor shall remove
from the construction site and any occupied adjoining property all plants, buildings, refuse, unused
materials, forming lumber, sanitary facilities, and any other materials and equipment that belong
to the Contractor or its Subcontractors.
7.16.3 The Town may clean up and restore the construction site satisfactorily when the Contractor
fails to do so. Any costs the Town incurs will be deducted from the Final Payment due the
Contractor.
Article 8--OTHER WORK
8.1 The Town reserves the right to award other Contracts in connection with the Project. The
Contractor shall cooperate with and afford other contractors reasonable opportunity for the
introduction and storage of their materials and the execution of their work, and shall coordinate its
Work with theirs.
Article 9--TOWN'S RESPONSIBILITIES
9.1 The Town will furnish the data required by the Contract and will make payments to the
Contractor as provided by these General Conditions.
Article 10--PROJECT MANAGER'S RESPONSIBILITIES
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10.1 The Project Manager (Project Manager is a defined term meaning the Town’s authorized
representative) shall maintain Owner's authority over the Contractor relating to field direction and
project administration, but does not assume liability for the Contractor's work, nor control
scheduling whenever such performance is located in or upon the Town's property. The Project
Manager will furnish or coordinate all explanations from consultants, field directions, horizontal
and vertical control and inspections necessary to assure compliance with the Project documents,
except as otherwise stated in the Project documents.
10.2 Lines and Grades
10.2.1 The Contractor shall survey and stake as specified in the Special Conditions.
10.2.2 If the Special Conditions indicate the Project Manager is responsible for appointment and
payment of a surveyor for construction staking. The Contractor shall give assistance, as required
by the Surveyor, to aid in the staking, including clearing, improving access, exploratory
excavations, and suspending operations to permit the surveyor to perform its work.
10.2.3 If the Project Manager appoints a Surveyor, the Contractor shall give notice to the Surveyor
at least five working days before initial lines and grades are needed. Thereafter, the Contractor
shall give the Surveyor notice at least three working days before additional line and grade stakes
are needed. The Project Manager is not responsible for providing lines and grades until the
Contractor meets the notice requirements of this Article.
10.2.4 If the Project Manager appoints a surveyor, the Contractor shall preserve all stakes,
benchmarks, and any other survey points. If the Contractor damages them, the Contractor shall
pay for their replacement. Contractor shall preserve, reset or reestablish all bench marks,
monuments and other established control points as the Project warrants.
10.3 Inspection
10.3.1 The Project Manager shall appoint Inspectors to inspect the Project. Inspection may extend
to all or any part of the Project. The Inspectors are not authorized to alter the provisions of the
Drawings or Specifications or to delay the fulfillment of the Contract by failure to inspect materials
and Work with reasonable promptness.
10.3.2 An Inspector has authority to reject defective materials and to suspend any Work that is
being done improperly subject to the final decision of the Project Manager.
10.3.3 The Contractor shall give the Project Manager due and timely notice of readiness when the
Project is to be inspected, tested or approved by someone other than the Inspector. The Contractor
shall give the Project Manager required certificates of inspection, testing or approval. Inspection,
tests or approvals by the Project Manager or others does not relieve the Contractor from its
obligations to perform the Work according to the requirements of the Contract.
10.3.4 If the Project Manager considers it necessary or advisable that previously completed or
covered Work be inspected or tested, the Contractor shall uncover, expose or otherwise make the
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Work available to the Project Manager for inspection and testing. The Contractor shall furnish all
tools, labor, material, and equipment necessary to make the Work available. If the Project Manager
finds the Work defective, the Contractor shall pay for the cost of satisfactory reconstruction and
making the Work available. However, if the Work is not found defective, the Contractor will be
allowed an increase in the Contract Price and/or an extension of the Contract Time for costs and
time directly attributable to making the Work available and for reconstruction.
10.3.5 If the Contractor's operations require inspecting, testing or surveying to be done outside
normal working hours or on Town holidays, it shall be at the Contractor's expense.
10.4 Stop Work Order
10.4.1 The Project Manager has the authority to suspend Work on the Project either in whole or
in part, for as long as the Project Manager deems necessary due to:
a.Unsuitable weather;
b.Faulty workmanship;
c.Improper superintendence;
d.Contractor's failure to carry out orders or to perform any provision of the Contract;
e.Conditions which may be considered unfavorable for the prosecution of Work on the
Project; or
f.Work being carried on in an unsafe manner.
10.4.2 If it is necessary to stop work for an indefinite period, the Contractor shall, if directed by
the Project Manager, store all materials in such a manner that they will not become an obstruction
or become damaged in any way. The Contractor shall take every precaution to prevent damage to
or deterioration of the Work, providing suitable drainage and erecting temporary structures where
necessary.
10.4.3 The Project Manager will put the Stop Work order in writing and the Contractor may not
proceed with Work on the suspended portion of the Project until notified in writing by the Project
Manager.
10.5 Disputes
10.5.1 If the Contractor considers any Work directed by the Town to be outside the Contract
requirements, or if it considers any ruling of the Project Manager to be unfair, it shall immediately
ask for a written instruction or decision and shall perform the Work in conformance with the
Project Manager's ruling. If the Contractor considers such instructions unsatisfactory, it shall file
a written protest with the Project Manager within ten days after their receipt.
10.5.2 All claims, disputes and other matters in question arising out of or relating to the Contract
shall be submitted to the Project Manager before the Contractor can begin litigation.
10.5.3 The parties agree that any litigation by Contractor against the Town concerning this
Contract shall be filed not more than 2 years after the date of the Notice of Construction
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Acceptance. The parties agree that any litigation filed by Town against Contractor concerning this
Contract shall be filed not more than 2 years after the date of the Notice of Final Acceptance.
Article 11—CHANGES
11.1 General
11.1.1 The Town may make alterations to the Project without the consent of the Surety at any
time during the Work. The Contractor shall perform the Work as changed, as if originally specified.
The alterations do not invalidate the Contract in any way.
11.1.2 The Project Manager may, at any time, without notice to the Surety, by written notice to
the Contractor, make any change in the Work to be performed within the general scope of the
Contract, including but not limited to changes:
a.In the Specifications (including Drawings and designs);
b.In the method or manner of the performance of the Work;
c.In facilities, equipment, materials, services or site furnished by the Town; or
d.Directing acceleration in the performance of the Work.
11.1.3 Any written order (which terms as used in this Article shall include direction, instruction,
interpretation or determination) from the Project Manager, which may warrant a time extension or
increased or decreased costs) will be treated as a Change Order under this Article provided that
the Contractor gives the Project Manager written notice within seven (7) calendar days of that
condition, stating the date, circumstances, and source of the order and that the Contractor regards
the order as a Change Order. However, the Town will not authorize a change in the Contract Price
for work done before approving a Change Order authorizing the additional work. If the Town and
the Contractor do not agree to the terms of a Change Order, including the amount of additional
compensation, the Contractor shall proceed with the work under the terms of the Contract and shall
maintain accurate records of the costs as described in the General Conditions, Article 11.
11.1.4 The Contractor may not treat any order, statement or conduct of the Project Manager as a
change under this Article nor become entitled to an equitable adjustment in the Contract Price or
Performance Time, except as provided in this Article.
11.1.5 If any change under this clause causes an increase or decrease in the Contractor's cost or
the time required for the performance of any part of the Work under the Contract, whether or not
changed by any order, an equitable adjustment will be made and the Contract modified in writing
accordingly. If no agreement is reached regarding the equitable value of additional work, it shall
be determined as cost plus fifteen percent (15%) for overhead and profit. The amount of credit to
be allowed by the Contractor to the Town for any such change that results in a net decrease in cost
will be the amount of the actual net decrease as determined by the Town. When both additions
and credits are involved in any one change, the combined overhead and profit shall be figured on
the basis of the net increase, if any.
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In no case will the price adjustment change the original Contract Price to an amount not
appropriated by the Town Board and approved by the appropriate Town representative per its
purchasing policies.
11.1.6 Claims for changes in the Contract Price or Contract Time of Performance will not be
considered after the Final Payment has been made.
11.2 Compliance with §24-91-103.6
11.2.1 Notwithstanding any other language in this contract, the issuance of any Change Order or
other form of order or directive by the Town requiring additional compensable work to be
performed which will cause the Contract Price to exceed the amount appropriated for the Work is
prohibited unless the Contractor is given written assurance by the Town that lawful appropriations
to cover the costs of the additional work have been made or unless the Contract contains a remedy
granting provision.
11.3 Field Orders
11.3.1 The Project Manager may make changes in the details of the Project at any time, by issuing
a Field Order. The Contractor shall proceed with the performance of any changes in the Project
ordered by the Project Manager. If the Contractor believes that such Field Order entitles it to a
change in Contract Price or Time, or both, it shall give the Project Manager written notice within
ten (10) days after the receipt of the Field Order. Thereafter, the Contractor shall document the
basis for the change in Contract Price or Time within thirty days.
11.4 Change Orders
11.4.1 Changes in the Contract Price are authorized only by Change Orders. Changes in contract
time may be made by a Change Order or by other appropriate written authorization. Any requests
for extension of time due to conditions outside of the Contractor's control shall be made in writing
within seven (7) calendar days of that condition.
11.4.2 Any difference in cost from Change Orders shall be added to or deducted from the amount
of the Contract, as the case may be. Adjustments in the amounts to be paid to the Contractor on
account of changed Work will be determined by one of the following methods in the order listed:
a.Unit Prices submitted in the Bid Schedule;
b.Negotiated Unit Prices; and
c.Negotiated lump sum.
11.5 Extras and Force Account Work
11.5.1 The Contractor shall perform any Work and furnish materials and equipment necessary or
desirable for proper completion of the Contract if the Project Manager believes it necessary to
order Work or materials or equipment which, in the Project Manager's opinion, are not susceptible
to classification under the Unit Price items named in the Bid Schedule, and are not included in any
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lump sum bid item. The Project Manager will order such labor, material and equipment in writing
before the extra Work is started. The labor, material and equipment will be classed as extra Work.
The Town will not pay for extra Work unless the Town orders in extra work in writing. All claims
for extra Work shall be submitted to the Project Manager, supplemented by any data the Project
Manager requires.
11.5.2 Extra Work and Work involving a combination of increases and decreases in the Work will
ordinarily be paid for at a lump sum or Unit Price agreed upon in writing by the Project Manager
and Contractor before the extra Work Order is issued. In the negotiation of lump sum or Unit
Prices, the agreed estimated cost of the Work plus an allowance for overhead and profit, not to
exceed the allowances stated in Section 11.5.3, shall be used.
11.5.3 The allowance for overhead and profit will include full compensation for superintendence,
bonds and insurance premiums, taxes (other than sales or use taxes included in the cost of
materials), office expense, and all other items of expense or cost not included in the cost of labor,
materials, or equipment provided under Sections 11.5.4, 11.5.5 and 11.5.6. The allowance for
overhead and profit will be according to the following schedule:
ACTUAL NECESSARY COST ALLOWANCE:
Labor 20 percent
Materials 15 percent
Equipment 10 percent
The Actual Necessary Cost for labor, materials, or equipment will be computed according to
Sections 11.5.4, 11.5.5 and 11.5.6.
Superintendence, bond and insurance premiums, taxes (other than sales or use taxes inclusive in
the cost of materials), and other general expense will not be included in the computation of actual
necessary cost. When all or any part of the extra Work is performed by a Subcontractor or specialty
firm, the prime Contractor may add five percent of the Subcontractor's total cost for the extra
Work. The Contractor shall give the Project Manager daily report sheets covering the direct cost
of labor and materials and charges for equipment. The daily report sheets shall provide names or
identifications and classifications of workers and hours worked, as well as size, type and
identification number of equipment and hours operated. Material charges shall be substantiated
by valid copies of vendors' invoices. The Project Manager will make any necessary adjustments
and compile the costs of cost-plus Work. When these reports are agreed upon and signed by both
parties, they become the basis of payment for the Work performed.
11.5.4 Labor: The cost of labor used in performing the Work by the Contractor, a Subcontractor,
or other forces will be the sum of the actual wages paid plus any employer payments to, or on
behalf of, workers for fringe benefits including health and welfare, pension, vacation, and similar
purposes; all payments imposed by State and Federal laws including, but not limited to,
compensation insurance, and social security payments; and the amount paid for subsistence and
travel required in accordance with the regular practice of the employer.
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At the beginning of the contract or as later requested by the Project Manager, the Contractor shall
furnish the Project Manager proof of labor compensation rates being paid or already paid.
11.5.5 Materials: The cost of materials used in performing the Work, including transportation
charges for delivery (exclusive of machinery rentals), will be the cost to the purchaser, whether
Contractor, Subcontractor or other forces, from the Supplier thereof, inclusive of sales or use taxes,
except if, in the opinion of the Project Manager, the cost of materials is excessive, or the Contractor
does not furnish satisfactory evidence of the cost of such material. If the Project Manager finds
the cost excessive or the Contractor has not furnished evidence of the cost, then the cost will be
deemed to be the lowest current wholesale price for the quantity concerned delivered to the job-
site less cash or trade discounts.
The Town reserves the right to furnish materials for the Work and the Contractor may not claim
costs and profit on materials furnished by the Town.
The Town reserves the right to purchase from the Contractor any materials previously purchased
for a project and not used. Payment for the materials will be based on the actual material cost as
shown on the Supplier's invoice, any transportation charges incurred, plus a fifteen percent
handling fee.
11.5.6 Equipment: The Contractor will be paid according to the rental rates agreed upon in writing
before extra or force account Work is begun, for any machinery or special equipment (other than
small tools) authorized by the Project Manager. The Contractor may furnish cost data to assist the
Project Manager in the establishment of the rental rate.
The rental rates paid, as provided above, shall include the cost of fuel, oil, lubrication supplies,
small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage,
insurance, and all incidentals. Operator wages will be paid separately, as provided in Section
11.5.4.
Individual pieces of equipment or tools having a replacement value of $100.00 or less, whether or
not consumed by use, are considered small tools and no payment will be made for them.
Rental time will not be allowed while equipment is inoperative due to breakdowns or storage on-
site.
11.5.7 Equipment on the Work: The rental time to be paid for equipment on the Work is the time
the equipment is in productive operation on the extra Work being performed.
11.5.8 Eliminating Items: The Project Manager shall notify the Contractor in writing to eliminate
any items contained in the proposal unnecessary for the proper completion of the Work. Such
action will not invalidate the contract. The Contractor, by Change Order, will be reimbursed for
actual work done and all cost incurred, including mobilization of materials and equipment before
the elimination of such items.
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Article 12--CONTRACT TIME
12.1 General
12.1.1 Time is of the essence in the performance of all Work contemplated in the Contract.
Therefore, the Work shall be commenced no later than ten days from and including the date of
Notice to Proceed and shall be fully completed in a satisfactory and acceptable manner within the
time stated in the Contract.
12.1.2 The capacity of the Contractor's construction plant and force shall be sufficient as to insure
completion of the Project within the allotted time. The Contractor shall use multiple crews if
necessary to complete the Project within the allotted time.
12.2 Delays
12.2.1 Delay claims fall into three categories: non-excusable, excusable, or compensable. Any
payment for delays or the granting of time extensions require a properly executed Change Order
per Article 11.
12.2.1.1 Non-excusable delay is one caused by factors within the Contractor's reasonable
control. The delay is the Contractor's fault; no additional time or additional compensation is
allowed. Typical types of non-excusable delays are:
a.Late submittal of Shop Drawings;
b.Late procurement of materials or equipment;
c.Insufficient personnel;
d.Unqualified personnel;
e.Inadequate coordination of Subcontractors or other contractors;
f.Subcontractor delays;
g.Late response to Town and Project Manager inquiries; or
h.Construction not conforming to contract requirements making repeated re-working
necessary.
12.2.1.2 Excusable delay is caused by factors beyond the Contractor's reasonable control,
but is not the result of the Town's actions or failure to act. An excusable delay entitles the
Contractor to an extension of time but no additional compensation for the cost of the delay.
12.2.1.3 Compensable delay is one where the Town has failed to meet an obligation stated
or implied in the construction contract. If the Project Manager considers a delay as compensable,
the Town will grant a time extension and reimburse the Contractor for the increased cost caused
by the delay. No damages shall be payable for any delay not due to an act or neglect of the Town
or an employee of the Town. Typical types of Town-caused delays are:
a.Late approval of Shop Drawings and samples;
b.Delays in answers to field inquiries by the Contractor;
c.Interference with the Contractor during construction;
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d.Town-caused schedule changes;
e.Design changes; or
f.Interference by other contractor's or the Town's forces.
12.3 Failure to Complete Work on Time--Liquidated Damages
12.3.1 The Town may permit the Contractor to proceed if the Contractor fails to substantially
complete the Work on or before the original date set forth for Substantial Completion in the
Contract, or on or before the corrected date of Substantial Completion. In such case, the Town
will deduct the sum specified in the Contract for each day that the Work remains uncompleted.
This sum shall not be a penalty but is liquidated damages.
12.3.2 The parties agree that, under all of the circumstances, the daily basis and the amount set
forth as liquidated damages is reasonable and equitable. The Town expends additional personnel
effort in administrating the Contract or portions of it that are not completed on time, and such
efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all,
citizens of Estes Park incur personal inconvenience and lose confidence in their government as a
result of public projects or parts of them not being completed on time, and the impact and damages,
certainly serious in monetary as well as other terms, are impossible to measure.
12.3.3 The Contractor shall perform with due diligence, regardless of meeting the various
scheduled deadlines. If, in the opinion of the Town's Project Manager, or other authorized agent
of the Town, the Contractor is not prosecuting the Work under the Contract, written notice will be
given and the Contractor shall have seven days to resume the Work with due diligence. Failing a
cure, liquidated damages will be charged until there is resumption of prosecution with due
diligence.
12.3.4 Permitting the Contractor to continue and finish the Work, or any part of it, after the time
fixed for its completion, or after the date to which the time of completion may have been extended,
shall not operate as a waiver on the part of the Town of liquidated damages or any of its rights
under the Contract.
Article 13--WARRANTY AND GUARANTEE: SAMPLES AND TESTING; DEFECTIVE
WORK AND MATERIALS
13.1 Warranty and Guarantees
13.1.1 The Contractor and its Surety are jointly and severally responsible for the condition of all
completed Work, maintenance (unless the Town is required by the Special Conditions to assume
responsibility for maintenance) and satisfactory operation of Work performed under the Contract
for a period of two years following the Notice of Construction Acceptance or for one year after
warranty work is fully satisfied. A notice of warranty work that requires repair or replacement
under the warranty will be submitted to the Contractor on a Notice of Warranty Work. The
Contractor and Surety are jointly and severally responsible for the satisfactory repair or
replacement of any Work, materials or equipment which are found defective during this period,
provided any failure results directly or indirectly from faulty workmanship or negligence by the
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Contractor, from faulty manufacturing or from faulty erection or improper handling of materials
or equipment furnished or installed by the Contractor. Neither the Contractor nor Surety is liable
for any failure resulting from the Town's neglect or improper operation of facilities or the acts of
third parties. If desired by the Town, portions of the work may be placed in service when
completed, and the Contractor shall provide proper access for this purpose. Such use and operation
shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to
faulty construction throughout the duration of the Contract.
13.2 Samples and Testing
13.2.1 All materials and equipment used in the Project will be subject to sampling and testing
according to generally accepted standards and as required in the Contract Documents. In the
absence of direct references, the sampling and testing of materials will be done according to current
Specifications of the American Society for Testing and Materials or the American Water Works
Association. The Contractor shall cooperate with the Project Manager in collecting and
forwarding required samples.
13.2.2 The Contractor shall not incorporate any materials into the Project or cover any part of the
Work until it has been inspected and approved according to the Contract Documents.
13.2.3 The Contractor shall furnish all samples without charge. The Contractor will cooperate
with the Project Manager in collecting, handling, storing, and forwarding required samples
including the furnishing of manpower and equipment when necessary.
13.2.4 The Town will pay the cost of the initial test except when the Contract Documents state
otherwise. The Town will charge the Contractor for repeated tests due to failure of the initial test.
13.3 Access to Work
13.3.1 The Project Manager and the Manager's representatives shall have access to the Project at
any time for purposes of inspection, sampling, and testing. Access shall extend to authorized
representatives of participating federal or state agencies and to other public authorities having
jurisdiction established by law. The Contractor shall provide proper facilities for access to the
Project.
13.3.2 Access to the Project shall mean wherever and whenever it is in manufacture, preparation
or progress. It shall include access to payrolls, records of personnel, invoices of materials, terms
and conditions of sale of materials and equipment to be incorporated in the Project, files, records,
books, correspondence, instructions, Drawings, receipts, subcontracts, purchase orders, vouchers,
memoranda and any other relevant data and records relating to the Contract.
13.3.3 The Town may, at reasonable times, inspect the part of the plant, place of business or
worksite of the Contractor or Subcontractor at any tier which is pertinent to the performance of the
Contract.
13.4 Defective Work and Materials
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13.4.1 Material and workmanship not conforming to the requirements of the Contract are deemed
defective. Defective Work or material shall be removed immediately from the Project site and
replaced with acceptable Work and material at the Contractor's expense.
13.4.2 If the Contractor fails to replace rejected materials or Work within ten days after receipt of
written notice, the Town may replace or correct them and charge the cost to the Contractor and
may terminate the right of the Contractor to proceed. Failure to detect previously installed
defective materials or workmanship shall not impair the Town's right to receive a completed
project which is free of defects and meets all of the requirements of the Contract Documents.
Article 14--PAYMENTS TO CONTRACTOR AND COMPLETION
14.1 General
14.1.1 Unless expressly provided otherwise, the prices shown in the Bid Schedule include the cost
of all labor, materials, equipment, tools, forms, services, utilities, royalties, fees, and any other
thing or expense necessary to complete the Project. Items not shown on the Plans, Specifications
or Special Provisions but which are necessary to construct the Project will be considered a part of
the Project whether specified or not and no separate payment will be made for these items.
14.1.2 Unless expressly provided otherwise in the Contract, the amount to be paid for the Work
includes all labor, materials, forms, tools, scaffolding, plants, equipment, service, utilities,
royalties, fees, and everything, whether temporary or permanent, necessary to complete the
Project.
14.2 Determination of Amounts and Quantities
14.2.1 The Project Manager shall verify determinations of amounts and quantities of Work
performed. The Project Manager shall have access to the records as stated in Article 13.3. The
method of measurement of the Contract Bid Items will be as specified in the Special Conditions
or Technical Specifications.
14.3 Variations in Estimated Quantities
14.3.1 Where the quantity of a pay item in the Contract is an estimated quantity and where the
actual quantity of such pay item varies more than twenty-five percent below the estimated quantity
stated in the Contract, the Contractor may request an equitable adjustment in the Contract Price,
upon demand of the Town. The Contract Price adjustment will be based upon any decrease in
costs due solely to the variation below seventy-five percent of the estimated quantity.
Where the quantity of a pay item in the Contract is an estimated quantity and the actual quantity
of such pay item is more than twenty-five percent above the estimated quantity in the Contract,
the Town may elect to terminate the Contract or issue a Change Order to adjust the Contract Price.
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In no case will the price adjustment change the original Contract Price to an amount not
appropriated by the Town Board and approved by an appropriate representative of the Town under
its purchasing policies.
14.4 Monthly Estimates--Partial Payments
14.4.1 The Contractor shall prepare monthly partial estimates (monthly estimates) for all Work
completed up to that time. The authorized Town representative(s) shall approve the monthly
estimates before progress payments will be made. The format of the monthly estimates will be
related to the format of the Bid Proposal. The estimated cost of repairing, replacing, or rebuilding
any part of the work or replacing materials that do not conform to the drawings and specifications
will be deducted from the estimated value.
14.4.2 In making such progress payments, subject to the exceptions in this Article, the Town will
retain five percent of the calculated value of completed Work for contracts in excess of $150,000
and where the contractor is satisfactorily performing the contract. The withheld percentage of the
Contract Price of any contracted Work will be retained until the contract is completed satisfactorily
and finally accepted by the Town.
14.4.3 On Contract amounts of less than $150,000, ten percent may be withheld until Final
Payment.
14.4.4 If the Town finds that satisfactory progress is being made in any phase of the Contract, it
may, upon written request by the Contractor, authorize payment from the withheld percentage to
the Contractor. Before payment is made, the Town shall determine that satisfactory and substantial
reasons exist for the payment and shall require written approval from any surety furnishing bonds
for the Work.
14.4.5 Monthly estimates may include the value of acceptable materials required in the
construction which have been delivered on the site of the Work or to adjacent railway siding and
for which acceptable provisions have been made for preservation and storage, providing the
Contractor submits with its monthly estimate, paid invoices in duplicate for the material for which
payment is being requested. Material paid for by the Town becomes the property of the Town
and, in the event of the default on the part of the Contractor, the Town may use or cause to be used
such materials in construction of the Work provided for in the Contract.
14.4.6 The Town may withhold, in addition to retained percentages from Contractor payments,
such an amount or amounts as may be necessary to cover:
14.4.6.1 Claims for labor or materials furnished the Contractor or Subcontractor(s) or
reasonable evidence indicating probable filing of such claims;
14.4.6.2 Failure of the Contractor to make proper payment to Subcontractors or for material
or labor furnished by others;
14.4.6.3 A reasonable doubt that the Contract can be completed for the balance then unpaid;
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14.4.6.4 Evidence of damage to another Contractor or private or public property;
14.4.6.5 Uncorrected defective Work or guarantees that have not been met;
14.4.6.6 Failure of the Contractor to submit cost breakdowns, schedules, reports and other
information required under the Contract;
14.4.6.7 Persistent failure to carry out the Work according to the Contract; or
14.4.6.8 Reasonable evidence that the Work will not be completed within the Contract Time
and that the unpaid balance would not be adequate to cover actual or liquidated damages for the
anticipated delay.
14.4.7 The Town may disburse and has the right to act as agent for the Contractor in disbursing
funds, withheld pursuant to this paragraph, to the party or parties who are entitled to payment
therefrom, but the Town assumes no obligation to make such disbursement. The Town will render
to the Contractor a proper accounting of all funds disbursed under this paragraph.
14.5 Town's Right to Accept Portion of the Project
14.5.1 The Town reserves the right to accept and make use of any completed section of the Project
without invalidating the Contract or obligating the Town to accept the remainder of the Project.
14.6 Substantial Completion
14.6.1 When the Contractor considers the entire work ready for its intended use and has obtained
either a “Certificate of Occupancy” or a “Copy of the Final Inspection Approval Memo” from
Building Inspections for required structures, the Contractor shall notify the Project Manager in
writing that the entire Work is substantially complete (except for items specifically listed by
Contractor as incomplete) and request that the Project Manager issue a Notice of Substantial
Completion. Within a reasonable time, the Contractor, Project Manager and any other appropriate
Town representatives shall make an inspection of the Work to determine the status of completion.
If the Project Manager does not consider the Work substantially complete or the Contractor has
not submitted either a “Certificate of Occupancy” or a “Copy of the Final Inspection Approval
Memo” from Building Inspections to the Project Manager, the Project Manager will notify the
Contractor in writing giving the reasons for denial of the Notice of Substantial Completion. If the
Project Manager considers the Work substantially complete, the Project Manager will prepare and
deliver to the contractor a Notice of Substantial Completion which shall fix the date of Substantial
Completion. The Project Manager shall attach to the certificate a tentative list ("punch list") of
items to be completed or corrected before Final Payment. The Town may, after five (5) days’
notice to the Contractor, complete the punch list items itself and charge the Contractor for all costs
incurred therefor, together with the amount necessary to compensate the Town for its additional
costs, time, and effort. The Town may deduct such amounts from any retainage, and the Contractor
shall pay the Town any deficiency. Warranties required by the Contract shall commence on the
date set in the Notice of Construction Acceptance for the Project, or the date set in the Notice of
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Construction Acceptance for a designated portion of the Project, unless otherwise provided in the
notice of Substantial Completion.
14.7 Construction Acceptance
14.7.1 When the Work specified in the Contract is completed and the final cleanup has been
performed, the Contractor shall notify the Project Manager that all Work under the Contract has
been completed and the Project Manager shall, within fourteen (14) calendar days of receipt of
such notice, make the final inspection. If the Project Manager finds that the Project has been
completed according to the requirements and conditions set forth in the Contract, the Town, upon
the recommendation of the Project Manager, shall issue a Notice of Construction Acceptance.
Notices of Construction Acceptance issued orally or without proper Town authorization are void.
Town will not make the final payment under the Contract before it issues a Construction
Acceptance.
14.8 Claims Against the Contractor: As provided by Colorado law, persons or businesses,
including Subcontractors, who have not been promptly paid by the Contractor and who have
provided materials, services and labor of any kind, or labor and material incidental to the
completion of the Project, may file claims and the Town may withhold from the Contractor an
amount sufficient to cover such claims.
14.9 Final Payment--Pursuant to Section 38-26-107, C.R.S., as Amended
14.9.1 The Town shall make a Final Settlement in accordance with Section 38-26-107, C.R.S.,
within sixty days after the Town issues the Notice of Construction Acceptance.
14.9.2 After the Notice of Construction Acceptance is issued by the Town, a Notice of Final
Settlement shall be advertised at least twice, not less than ten (10) days before the date of Final
Settlement, in a newspaper of general circulation in the county where the Work was done. If no
claims are filed before the expiration of ten days from the date of the last publication of the Notice
of Final Settlement, the Final Payment, including retainages, may be made.
14.9.3 If any Subcontractor or Supplier files a claim before the expiration of ten days from the date
of the last publication of the Notice of Final Settlement, for Work done or material furnished that
has not been paid for by the Contractor, the Town shall withhold from Final Payment to the
Contractor sufficient funds to insure the payment of the claims. The funds shall not be withheld
longer than ninety days from the date of Final Settlement unless a legal action is started within that
time to enforce payment of the claims.
14.9.4 At the end of ninety days, or any time before, if the person filing the claim acknowledges
receipt of payment for the claim, or otherwise releases the claim in writing, the Town shall pay the
Contractor the monies not subject to suit or lis pendens notices.
14.9.5 Monies that are the subject of a suit will be withheld until a judgment is rendered in the suit.
In the event the Town incurs any costs or legal fees related to the final settlement or payment
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thereof, or litigation of claims, then all such costs, expenses, expert and attorney fees shall be
withheld from the final payment due the Contractor by the Town and retained by he Town for
reimbursement of same.
Article 15--CONTRACT TERMINATION
15.1 Town's Right to Terminate Contract for Convenience
15.1.1 The Town shall, at any time, have the right to terminate the Contract, for convenience,
upon giving written notice to the Contractor. The Contractor shall be entitled to the full amount
of the approved estimate for the Work satisfactorily completed under the Contract up to the time
of such termination, including the retained percentage. The Town shall reimburse the Contractor
for such expenditures as, in the judgment of the Project Manager, are not otherwise compensated
for, together with the cost of moving to and from the Project and a reasonable profit on the Work
deleted by reason of the annulment of the Contract, in order that an equitable settlement is made
with the Contractor.
15.2 Town's Right to Terminate Contract for Default
15.2.1 The Project Manager, with the approval of the Purchasing and Contracts Manager and
acting on behalf of the Town, may serve notice upon the Contractor and its Surety of the intention
to terminate the Contract if the performance of the Work set forth under the Contract is
unnecessarily or unreasonably delayed by the Contractor, or if any of the provisions of the Contract
are being violated by the Contractor or its Subcontractors. The Contract is terminated unless, in
the opinion of the Project Manager, the Contractor corrects the violation within five days after the
notice is served. In the event of such termination, the Project Manager, acting on behalf of the
Town, shall immediately serve notice of the termination and the Surety's right to complete the
Contract upon the Surety and the Contractor. The Surety shall have the right to take over and
perform the Work called for in the Contract. The Surety is then bound by all the provisions of the
Contract. If the Surety does not commence performance of the Work within ten days from the date
of the notice, the Town may take over the Project and, without prejudice to any other remedies,
complete the Project and the Contractor and its Surety are liable to the Town for any excess costs
incurred by the Town.
15.3 Contractor's Right to Terminate Contract
15.3.1 The Contractor may terminate the Contract if the Work is stopped for a period of three
months under any order of any court or other public authority through no act or fault of the
Contractor or of anyone employed by it.
The Contractor may suspend Work if Town fails to make payments at the times provided in the
Contract and the Contractor has given the Town written notice seven days before suspending
Work. The Contractor may terminate the Contract, at its option, if the Town continues to be in
default thirty days after the date of the written notice. Failure by the Town to make payments at
the times provided is a bar to any claim by the Town against the Contractor for delay in completion
of the Project if the Contractor suspended Work for that reason.
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If the Contractor terminates the Contract, it may recover the price of all Work done and materials
provided and all damages sustained.
Article 16--EQUAL OPPORTUNITY
16.1 General: During the performance of the Contract, the Contractor agrees as follows:
16.1.1 The Contractor shall not discriminate against any employee or applicant for employment
because of race, color, age, disability, religion, sex, sexual orientation, gender identity or
expression, national origin, or as otherwise prohibited by law.
16.1.2 The Contractor shall ensure that all Subcontractors shall not discriminate against any
employee or applicant for employment because of race, color, age, disability, religion, sex, sexual
orientation, gender identity or expression, national origin, or as otherwise prohibited by law.
Article 17--AUDIT
17.1 Records and Reports
17.1.1 The Contractor shall keep and preserve full and detailed accounts relating to the Contract
for a period of three years from the date of final payment under the Contract in which the Work is
completed.
17.1.2 The Subcontractor shall keep and preserve full and detailed accounts relating to the
Contract for a period of three years from the date of final payment under the subcontract.
17.2 Access
17.2.1 The Contractor shall permit the Town and the Town's accountants to have access as stated
in Article 13.3 and to the records kept per Article 17.1 for the purpose of making such financial
audits, or verifications as the Town deems necessary or appropriate concerning the Contractor's
performance under the Contract.
Article 18--MISCELLANEOUS
18.1 Reservation of Right to Bar Persons from the Work and Site: The Town reserves the
right to bar any person, including employees of the Contractor and Subcontractors, from the
Town's Work site. This shall not be treated as a request for the employee's termination but a
request that the employee not be assigned to work on the Town Work site. No increase in contract
time or price is authorized.
18.2 Provisions Construed as to Fair Meaning: The provisions of the Contract shall be
construed as to their fair meaning, and not for or against any party based upon any attributes to
such party of the source of the language in question.
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Fall River Trail Extension (TAP & MMOF)
18.3 Headings for Convenience: All headings, captions and titles are for convenience and
reference only and of no meaning in the interpretation or effect of the Contract.
18.4 No Implied Representations: No representations, agreements, covenants, warranties, or
certifications, express or implied, exist as between the parties, except as specifically set forth in
the Contract.
18.5 Financial Obligations of Town: All financial obligations of the Town under the Contract
are contingent upon appropriation, budgeting, and availability of specific funds to discharge such
obligations. Nothing in the Contract shall be deemed a pledge of the Town's credit, or a payment
guarantee by the Town to the Contractor.
18.6 Assignment/transference: The Contractor may not assign or transfer any interest in the
Contract, including any money due or to become due, without the prior written consent of the
Town.
18.7 Amendments: The parties shall only amend the Contract in writing with the proper
official signatures and, if required elsewhere in this Contract, on the proper forms.
18.8 Waiver: No waiver of a breach or default under the Contract is a waiver of any other or
subsequent breach or default.
18.9 Governing Law: The Contract is governed and to be construed according to the laws of
the State of Colorado. Venue and jurisdiction for any court action filed regarding this agreement
shall be in either Larimer County or the United States District Court for Colorado.
18.10 Binding Contract: The Contract is binding upon the parties hereto and their respective
heirs, executors, administrators, successors and assigns.
18.11 Federal-Aid Projects: If the Contract involves any federal government reimbursements,
the Contractor and its subcontractors, must comply with federal regulations. If the Contractor fails
to provide documentation and certifications as set forth on “Required Contract Provisions: Federal-
Aid Construction Projects” (FHWA Form 1273), as included in the Contract Document, the
Contractor shall be specifically liable for any damages, including loss of reimbursement,
attributable to the Contractor’s failure to comply with the applicable regulations.
18.12 Immunity: No term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits,
protections, limitations of liability, and other provisions of the Colorado Governmental Immunity
Act, C.R.S. § 24-10-101 et seq., and under any other applicable law.
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Special Conditions - Page 1
SPECIAL CONDITIONS
1.0 CONTRACTOR’S PROPOSED PROJECT SCHEDULE:
Reference the Schedule of Activities in the Invitation to Bid. All dates are subject to change.
2.0 CONTRACT TIME
Bidders should prepare their bids assuming a substantial completion date and final completion
date as stated in the Schedule of Activities in the Invitation to Bid.
The Contractor on this project shall commence work under this contract starting on the date
stated in the Notice to Proceed. Work shall be substantially complete by the dates stated in the
executed Contract. This date may be adjusted only by a request in writing and approved Change
Order.
3.0 WORK PROHIBITED
Work prohibited unless otherwise approved:
Veteran’s Day Weekend (Friday November 11 – Sunday, November 13, 2022)
Thanksgiving weekend (Wednesday, November 23 – Sunday, November 27, 2022)
Christmas Eve and Christmas Day weekend (Friday, December 23 – Monday, December
26, 2022)
New Year’s weekend (Friday, December 30, 2022 – Monday, January 2, 2023)
Martin Luther King, Jr. Day weekend (Friday, January 13 – Monday, January 16, 2023)
Rotary Duck Race Festival (Saturday, May 6, 2023) [If requested, work on this date may
be allowed in areas away from the proximity of Fall River through downtown; Contractor
shall schedule work accordingly.]
Memorial Day weekend (Friday, May 26 – Monday, May 29, 2023)
Juneteenth Day weekend (Friday, June 16 – Monday June 19, 2023
Independence Day weekend (Friday, June 30 – Tuesday, July 4, 2023)
Labor Day weekend (Friday, September 1 – Monday, September 4, 2023)
Veteran’s Day weekend (Friday, November 10 – Sunday, November 12, 2023)
Thanksgiving weekend (Wednesday, November 22 – Sunday, November 26, 2023)
4.0 INSURANCE DOCUMENTATION
The insurance documentation required by the General Conditions must be provided to the Town
within 10 calendar days after receipt of the Notice of Award.
5.0 DRAWINGS AND SPECIFICATIONS
All work performed on this project shall be guided by, and conform to, the Bidding Documents
outlined in the Instructions for Bidders. Other applicable documents cross-referenced by the
Bidding Documents include: CDOT Standard Specifications for Road and Bridge Construction
2022, CDOT M&S Standards 2019, CDOT Standard Special Provisions 2020, and the FHWA
Manual on Uniform Traffic Control Devices (MUTCD).
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Special Conditions - Page 2
6.0 WORK ZONE REQUIREMENTS
Construction work is permitted from 7:00 AM until 7:00 PM, Monday through Friday. Any work
on weekends or Town holidays will require negotiation and approval from the Town’s Project
Manager.
Full road closures will not be permitted, as access to businesses and residences will need to be
maintained throughout the project.
7.0 OTHER AREA CONSTRUCTION PROJECTS
7.1 There is currently a CDOT construction zone on US36, around Mile Post 8. There may
be periods of short-term closures within that work zone involving brief full closures and
extended periods of alternating one-way traffic that may create travel delays. Alternate
routes include US34 and CO7.
7.2 The National Parks Service reconstruction of the Fall River Entrance Station to Rocky
Mountain National Park is anticipated to coincide with this project. The entrance station
reconstruction is expected to be complete by Memorial Day weekend 2023.
8.0 ACCESS
Emergency access shall be provided at all times throughout the project limits.
Access to all businesses and residences shall be provided at all times. Access coordination shall
be made with the property and business owners to allow deliveries throughout the project for
those businesses within the project limits and those outside the project limits impacted by the
construction.
9.0 CONSTRUCTION TRAFFIC CONTROL
The Contractor shall provide all traffic control plans for approval by the Project Manager at the
Pre-Construction meeting and for any subsequent changes in traffic control.
All construction signing shall be in conformance with MUTCD standards and will address all
modes of travel (e.g., pedestrian, bicycle, vehicular).
Flaggers shall possess a current CDOT Flagger's Card and carry it with them on the job at all
times. Flaggers without proper training, including a current flagger's card, will be relieved of
flagging duties and replaced with a properly trained flagger at no cost to the project.
10.0 MATERIAL TESTING
If needed, Materials Testing shall be provided by the Town; Contractor shall coordinate on-site
testing.
11.0 HEALTH AND SAFETY MEASURES RELATED TO COVID-19
Due to the current coronavirus pandemic and the several public health orders issued by the State
of Colorado and Larimer County, it is essential that the Contractor and their subcontractors
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Special Conditions - Page 3
include provisions in their project safety plans that address health and safety measures related to
the COVID-19 pandemic.
The Contractor shall comply with all applicable Local, County, State and Federal
guidelines/requirements regarding COVID-19.
12.0 LIQUIDATED DAMAGES
The value of Liquidated Damages is determined via the narrative and table in the CDOT
Standard Specifications for Road and Bridge Construction 2022, Section 108.09. Based on the
expected Contract Amount, the Liquidated Damages is anticipated to be $3,200.00 per calendar
day.
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SP - 1
TOWN OF ESTES PARK
PROJECT SPECIAL PROVISIONS
FALL RIVER TRAIL EXTENSION: TAP M405-025 (23637) & MTF M405-026 (23950).:
The 2022 Standard Specifications for Road and Bridge Construction controls construction of this project. The
following special provisions supplement or modify the Standard Specifications and take precedence over the
Standard Specifications and plans.
PROJECT SPECIAL PROVISIONS
Page
Index Pages SP-1
Standard Special Provisions SP-2
Multiple Bid Schedules SP-3
Commencement and Completion of Work SP-4
Disadvantaged Business Enterprise (DBE) Contract Goal SP-5
Revision of Section 101 – Definitions and Terms SP-6
Revision of Section 102 – Project Plans and Other Data SP-7
Revision of Section 107 – Protection of Existing Vegetation SP-8
Revision of Section 107 – Legal Relations and Responsibility to the Public SP-9 – SP-10
Revision of Section 108 – Prosecution and Progress SP-11
Revision of Section 201 – Clearing and Grubbing SP-12
Revision of Section 202 – Removal and Trimming of Trees SP-13 – SP-14
Revision of Section 202 – Removal of Asphalt Mat SP-15
Revision of Section 217 – Herbicide Treatment SP-16 - SP-20
Revision of Section 240 – Protection of Migratory Birds - Biological Work Performed by The Contractor's
Biologist SP-21 – SP-23
Revision of Section 403 – Hot Mix Asphalt SP-24 – SP-26
Revision of Section 504 – Retaining Wall (Rock) SP-27 – SP-29
Revision of Section 607 – Fence (Wood Post and Dowel) SP-30
Revision of Section 608 – Sidewalks and Bikeways SP-31 – SP-34
Revision of Section 608 – Detectable Warnings SP-35
Revision of Section 630 – Construction Zone Traffic Control SP-36 – SP-37
Force Account Items SP-38
Traffic Control Plan – General SP-39 – SP-41
Utilities SP-42 – SP-44
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STANDARD SPECIAL PROVISIONS
No.
Name Date of
Pages
Revision of Section 105 – Construction Drawings (October 1, 2021) 1
Revision of Section 105 – Control of Work (October 26, 2021) 1
Revision of Section 106 – Buy America Requirements (October 1, 2021) 1
Revision of Section 106 – Conformity to the Contract of Hot Mix Asphalt (October 1, 2021) 3
(Less than 5,000 Tons)
Revision of Section 109 – Asphalt Cement Cost Adjustment (October 1, 2021) 3
(Asphalt Cement Included in the Work)
Revision of Section 109 – Prompt Payment (Local Agency) (October 1, 2021) 2
Revision of Section 207 – Topsoil (October 1, 2021) 6
Revision of Section 212 – Soil Amendments, Seeding, and Sodding (October 1, 2021) 18
Revision of Sections 504 & 641 - Walls (Nov. 2, 2021) 27
Revision of Section 601 – Structural Concrete (October 1, 2021) 1
Revision of Section 601 – Concrete Mix Designs (October 1, 2021) 1
Revision of Section 703 - Aggregate (Nov. 2, 2021) 9
Affirmative Action Requirements Equal Employment Opportunity (October 1, 2021) 11
Certified Payroll Requirements for Construction Contracts (October 1, 2021) 1
Disadvantaged Business Enterprise (DBE) Requirements (Local Agency) (October 1, 2021) 9
Minimum Wages, Colorado, (February 25, 2022) 8
U.S. Department of Labor General Decision Number CO20220014 MOD 1, Highway Construction for
Larimer, Mesa, and Weld counties.
Project First Program (October 1, 2021) 2
Required Contract Provisions – Federal-Aid Construction Contracts (June 18, 2021) 14
Special Construction Requirements, Fire Protection Plan (October 1, 2021) 2
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MULTIPLE BID SCHEDULES
There are 2 separate bid schedules for this project. The Bidder shall submit a bid for each schedule. The
schedules for this project are as follows:
Schedule 1:
Project Segment Station Length (Miles)
Project Segment A STA 13+04.95 – STA 35+40.00 0.4233
Total 0.4233
Schedule 2:
Project Segment Station Length (Miles)
Project Segment A STA 13+04.95 – STA 35+40.00 0.4233
Project Segment B STA 35+40.00 – STA 40+20.00 0.0909
Total 0.5142
The Bidder’s proposal shall specify a unit bid price for each pay item in all bid schedules. Failure to include
unit bid prices for each bid item in all bid schedules shall be cause for rejection of the Bidder’s proposal. If a
bidder does not bid on all schedules, their bids will be rejected and set aside.
The bid opening process will be as follows:
(1)The maximum acceptable bid for the project will be announced immediately prior to the bid opening.
(2)The total bid for Schedule 1 will be read for each bidder.
(3)If none of the bids for Schedule 2 is at or below the maximum acceptable bid, the bids for Schedule 2 will
not be read, and the apparent low bidder for Schedule 1 will be announced.
(4)If one or more of the bids for Schedule 2 is at or under the maximum acceptable bid, the total bid for
Schedule 2 will be read for each bidder.
(5)After all Schedule 2 bids have been read the apparent low bidder for Schedule 2 will be announced.
The Department will award the Contract to the lowest responsible bidder of the largest bid schedule that results
in a low bid at or less than the maximum acceptable bid. If none of the schedules result in a low bid at or less
than the maximum acceptable bid, the Department will award the Contract to the lowest responsible bidder on
Schedule 1 provided that it results in a total project cost less than 110 percent of the Project Budget. If the low
bid for Schedule 1 does not result in a total cost under 110 percent of the Project Budget, the Department may
supplement the Project Budget in order to award the Schedule 1 project. The possibility of having different low
bidders on different schedules is recognized.
In accordance with 24-109-102 CRS, protests, if any, must be submitted in writing within seven working days
after contract award. Pursuant to 24-109-104 CRS, if a protest is sustained and the protesting bidder should
have been awarded the contract and was not, the protestor shall be entitled to recover only the reasonable costs
incurred in connection with the solicitation, including bid preparation costs. Reasonable costs shall not include
attorney fees. The protestor shall not be entitled to recover any other costs.
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COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on or before the 15th day following Contract execution
or the 30th day following the date of award, whichever comes later, unless such time for beginning the work is
changed by the Project Engineer in the "Notice to Proceed." The Contractor shall complete all work within 170
working days in accordance with the notice to proceed.
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule may be a Bar Chart Schedule.
Salient features to be shown on the Contractor's progress schedule are:
1.Notice to Proceed
2.Mobilization
3.Erosion Control
4.Installation of Traffic Control Devices
5.Utility Potholing and Coordination
6.Clearing and Grubbing
7.Drainage Structures
8.Concrete Retaining Wall (Wall 1)
9.Rock Retaining Walls
10.Concrete Flatwork
11.Fencing and Railings
12.Site Restoration, and Cleanup
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DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL
This is a federally assisted construction project. As described in the CDOT DBE Standard Special Provision, the
Bidder shall make good faith efforts to meet the following contract goal:
12.5 Percent DBE participation.
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REVISION OF SECTION 101
DEFINITIONS AND TERMS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Technical Specifications related to construction materials and methods for the work embraced under this Contract
shall consist of the Colorado Department of Transportation, Standard Specifications for Road and Bridge
Construction, dated 2021.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different
meanings within the scope of the Contract. A summary of redefinitions follows:
CDOT Resident Engineer shall be defined as the Town’s Professional Engineer that is in responsible charge of
the Project
Department. Town of Estes Park Public Works Department.
Engineer. The Town Engineering Manager acting directly or through an authorized representative, who is
responsible for engineering and administrative supervision of the project. The Engineering Manager shall also be
defined as the Town Engineer.
Preconstruction Conference. A meeting of Town project personnel, Contractor project personnel and other
stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of
the work are discussed.
Project Engineer. The Town of Estes Park’s Project Manager directly responsible for the overall administration
of assigned construction projects. The Project Engineer shall also be defined as the Project Manager.
State. The State of Colorado or the Town of Estes Park acting through its duly authorized representative.
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REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
The Bid Documents will be available for review at the Public Works Department of the Town of Estes Park,
(Owner) at, 170 MacGregor Avenue, Estes Park, CO 80517, until the date set for opening of bids:
Bid Documents may be obtained from Rocky Mountain E-Purchasing (BidNet) in PDF format and upon request
if assistance is needed. The Town will maintain a Plan holder's List.
Documents listed in the Appendices of the Table of Contents will be available for review in the offices of the
Town of Estes Park, (Owner) at 170 MacGregor Avenue, Estes Park, CO.
After the bids have been opened, the most responsive and responsible low bidder may obtain from the Town in
digital format, if available for the project, one set of cross sections, one set of major structure plan sheets, and
one set of computer output data. Hardcopy sets of plans and other available data may be purchased on a cash sale
basis from the Town of Estes Park at current reproduction prices. Subcontractors and suppliers may obtain
electronic or hardcopy plans and other data from the successful bidder.
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REVISION OF SECTION 107
PROTECTION OF EXISTING VEGETATION
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.12 shall include the following:
The Contractor shall save all existing vegetation (including trees, shrubs, ground covers, grasses, wetlands &
riparian) in this area, except for that vegetation, which must be removed to accommodate construction of the
project, per the plans. Specific areas of vegetation to be protected shall be as directed by the Project Engineer or
Town’s Parks Division Supervisor and shall be protected by using orange construction fencing, wire fencing with
metal posts or silt fence. Fencing for trees shall be installed at the drip line of the tree or as approved by the
Engineer. Equipment shall not be installed or stockpile material within 15 feet of existing trees to remain.
The Contractor shall perform all the work in such a manner that the least environmental damage will result. All
questionable areas or items shall be brought to the attention of the Project Engineer for approval prior to removal
or any damaging activity.
The Contractor shall promptly report any vegetation damaged or scarred during construction to the Project
Engineer for assessment of damages. Damaged or destroyed fenced vegetation, shall be replaced at the expense
of the Contractor. Vegetation of replaceable size shall be replaced at the Contractor's expense. When trees, shrubs
beyond replaceable size or wetlands have been damaged or destroyed, the Contractor shall be liable for the
appraised value based upon the official current publications. For trees and shrubs use the International Society of
Arboriculture, Guide for Plant Appraisals. The Contractor shall pay any fines or jail time should a wetland be
damaged, at no cost to the project. The value of disturbed vegetation shall be calculated according to the following
formula:
(Vegetation size) x (Species) x (Location) x (Condition) x (Arborist or Wetland Specialist) = Vegetation value
A consulting Arborist retained by the Public Works Department will determine the value of the trees and shrubs.
A consulting Wetland Specialist shall determine the value of the wetland or wetland species. This value will be
deducted from any money due to the Contractor.
The determination as to whether a plant is of replacement size or beyond will be made by the Town’s Parks
Division Supervisor, employee, or consultant.
If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in
part, until the fence is repaired to the Project Engineer’s satisfaction at the Contractor's expense. Time lost due to
such suspension will not be considered a basis for adjustment of time charges but will be charged as contract time.
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REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.02 shall include the following:
Permits that the Contractor shall obtain or hold for this project include:
(a)A CDPHE Construction Dewatering Permit, (CDW) may be required for this project. It is the responsibility
of the Contractor to determine if the permit is needed; to apply for, acquire, pay for and implement this permit.
(b)A CDPHE Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) will be
required for this project. It is the responsibility of the Contractor to apply for, acquire, pay for and implement this
permit.
(c)Construction Site Management Plan: The Contractor shall prepare and submit for approval at least (7) days
in advance of the beginning of construction a Construction Site Management Plan, (CSMP). The Construction
Site Management Plan (CSMP) shall incorporate elements of the Storm Water Management Plan (SWMP).
A listing of the requirements for a CSMP is as follows;
(1)Erosion and Sedimentation Control Plan:
a.Include Stormwater Management Plan and SWMP Construction Plan sheets.
b.Supplement as necessary.
(2)Site Construction Facilities (Identify the following):
a.Staging areas
b.Storage areas
c.Stockpile areas
d.Dumpsters and trash receptacles
e.Sanitary facilities
f.Loading areas
g.Trailers and field offices (show access)
(3)Parking
a.Location and number of onsite and any offsite parking spaces
Plans shall be phased and updated as the project evolves, and site conditions change. A current copy of the CSMP
must be on file with the Town's Project Engineer and at the job site.
The Contractor is responsible for all fees and implementation costs for the above-listed permits unless specifically
stated otherwise. There will be no separate measurement and payment for this work and the costs will be
considered as subsidiary to other items of work.
Additional Permits that the Contractor must abide by for this project include:
(a) Town of Estes Park Right of Way (ROW) Permit
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-2-
REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Subsection 107.11 shall include the following: Explosives: Blasting is not allowed on this project.
Staging and Storage Area:
The contractor will coordinate with the Town Project Engineer and any private properties owners if additional
staging area(s) are to be utilized. The proposed staging and storage must be indicated on the Construction Site
Management Plan. The staging areas will be restored at the end of use to pre-existing conditions.
Prior to beginning work, the Contractor shall take photos or videos for documentation of existing conditions for
all areas that will be part of the Contractor’s operations area. The Contractor shall provide these photos or videos
to the Town prior to commencing work.
Subsection 107.23 shall include the following:
Habitat Protection:
No threatened or endangered species listed for Larimer County shall be impacted by this project. Due to the
project’s proximity to Fall River, care must be taken to minimize impacts to wetlands, riparian vegetation, and
drainages. Best management practices must also be followed when working in and around these areas in order to
prevent toxic run-off, erosion, and siltation.
The Contractor shall abide by all requirements of the Migratory Bird Treaty Act of 1918.
Subsection 107.24 shall include the following:
Dust Control:
No separate payment will be made for dust control. Its cost shall be considered incidental to the Project. Unless
pre-approved by the Project Engineer, water shall be the only dust palliative material allowed.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor shall present a Critical Path Method (CPM) schedule to the Town of Estes Park at the
preconstruction conference. The CPM schedule shall be updated when the project’s critical path is impacted. This
schedule shall show the major features of each phase of the project for the entire project time frame.
Subsection 108.05 shall include the following:
The contractor shall schedule all work between 7:00 A.M. and 7:00 P.M (local time) Monday through Friday.
Night and weekend work will be allowed only with the prior written authorization of the Project Engineer. The
Contractor may make emergency repairs to provide protection of the work and traveling public at any time. All
on-roadway work or work that indirectly or directly interferes with the flow of traffic (vehicle, pedestrian, and
bicycle) shall be in accordance with an approved Traffic Control Plan.
Meetings will be required to review progress and to plan upcoming activities. Representatives from the Contractor
and active subcontractors shall attend the meetings. Such meetings will be required on a weekly basis at a time
to be determined by the Town of Estes Park and the Contractor. Additional meetings will be held when required
by the Town of Estes Park or the Contractor.
Weekly progress meetings will be held on the job site as required.
Typical agenda:
1.Review progress of the work since last meeting. Contractor shall provide a schedule with a 1 week look back
and a 2 week look ahead.
2.Review of submittals, RFIs, change orders, and testing results.
3.Identify problems which impede planned progress.
4.Develop corrective measures and procedures to regain planned schedule.
5.Complete other current business.
6.Discuss progress anticipated until the next scheduled meeting.
The Contractor shall submit at the weekly progress meeting a schedule or written statement of planned work
activities and anticipated inspection and testing requirements of the past week and the upcoming two weeks. A
24-hour notice shall be provided to the Town of Estes Park by the Contractor if the Contractor elects to change
the planned work activities.
No separate measurement for payment will be made for the Work under this section. Its cost shall be considered
incidental to the Project.
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REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised for this project as follows:
Subsection 201.01 shall include the following:
Clearing and grubbing includes the removal and disposal of the miscellaneous debris within the project limits to
include: all tree stumps including root system, regardless of size, shrubs, plant materials, miscellaneous
landscaping materials, sod, channel protection rock and concrete, irrigation lines, irrigation hand holes, sprinkler
heads, and other materials within the work area not otherwise listed as a pay item. This work also includes the
preservation from injury or defacement of all vegetation and objects designated to remain. The Contractor, Project
Engineer, and Town’s Parks Division Supervisor shall establish environmental limits during walk through. No
trees, tree branches, shrubs, plants, grasses, and other vegetation shall be removed until marked and approved by
the Project Engineer.
Subsection 201.03 shall include the following:
Branches of trees extending into the trailbed shall be trimmed to provide clear height of 10 feet above the trailbed
surface. The trailbed surface shall extend to the outside edge of the trail shoulders as shown in the plans.
Subsection 201.04 shall include
Pay Item Pay Unit
Clearing and Grubbing LS
Unless specified elsewhere, the removal of branches, trunks, stumps, shrubs, plant materials miscellaneous
landscaping materials, irrigation system, and sod will not be paid for separately but shall be included in the work.
Chipping, hauling, and disposal of removed material will not be paid for separately but shall be included in the
work.
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REVISION OF SECTION 202
REMOVAL AND TRIMMING OF TREES
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.02 shall include the following:
This work includes the removal and the trimming of trees as directed by the Project Engineer. This work includes
the preservation from injury or defacement of all vegetation and objects designated to remain.
The Project Engineer will establish environmental limits. All trees, tree branches, shrubs, plants, grasses, and other
vegetative materials shall remain, except as designated by the Project Engineer.
Prior to beginning any construction, removal, trimming, and pruning of encroaching vegetation (as determined
by the Project Engineer) shall be completed.
Once all directed clearing, trimming, and pruning is completed and accepted, no additional clearing, trimming,
cutting, or pruning will be allowed unless approved, in writing, by the Project Engineer.
After completion of the concrete flatwork, the required 10’ vertical clearance above the trailbed shall be verified.
Additional tree trimming should be performed as needed, as approved by the Project Engineer.
Access for the removal or pruning of trees will be extremely limited. Trees shall be felled at the risk of the
Contractor. Strict limits of disturbance will be defined and shall be adhered to.
Branches on trees or shrubs shall be removed as directed by the Project Engineer. All trimming shall be done by
skilled workers. All work shall be done according to the following requirements:
(1)Pruning shall be done with proper, sharp, clean tools in such a manner as to preserve the natural character
of the tree.
(2)All final cuts shall leave no projections on or off the branch and shall not be cut so close as to eliminate the
branch collar.
(3)To avoid bark stripping, all branches 2 inches in diameter and larger shall be cut using the 3-cut method.
These branches shall be lowered to the ground by proper ropes.
(4)Tools used on trees known or found to be diseased, shall be disinfected with alcohol before they are used
on other trees.
(5)Structural weaknesses, decayed trunk or branches, or split crotches shall be reported to the Engineer.
(6)When cutting back or topping trees, the worker shall use the drop-crotch method and avoid cutting back to
small suckers. Smaller limbs and twigs shall be removed in such a manner so as to leave the foliage pattern
evenly distributed.
(7)When reducing size (cut back or topping) not more than one-third of the total area shall be reduced at a
single operation.
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PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 14
-2-
REVISION OF SECTION 202
REMOVAL AND TRIMMING OF TREES
(8)Climbing spikes shall not be used on trees not scheduled for removal.
All brush, branches, limbs, and foliage smaller than 3 inches in diameter shall be chipped into mulch and
stockpiled at a designated site. The trunks and limbs 3 inches and larger shall be cut into less than 6-foot lengths
and hauled to a designated site. Stumps shall be removed by the contractor when within the areas to be
excavated. When trees being cut off are outside the excavation limits, the stumps shall be cut so that no more
than 3 inches remains above the ground surface. Stump grinding is not required in any circumstances.
Subsection 202.12 shall include the following:
All clearing and grubbing directed by the Project Engineer will be paid for by the acre under the clearing and
grubbing item. Tree trimming and removal of trees smaller than 6 inch will be included in the cost of clearing
and grubbing.
Removal of Trees will be paid for separately under section 202-00010:
Pay Item Pay Unit
Removal of Tree (6 inch – 16 Inch) Each
Removal of Tree (Greater than 16 Inch) Each
Multiple tree trunks from a common stump shall be considered one tree. Stump removal is included in the
cost of item 202 – Removal of Tree.
Tree size shall be measured at 4.5’ above ground on the tree’s uphill side.
Page 155
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 15
REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat, which varies in thickness, shall be removed in a manner that minimizes contamination
of the removed mat with underlying material. The removed mat shall remain the property of the Town and shall
be hauled to the Town of Estes Park materials storage yard at 640 Elm Road:
Subsection 202.11 shall include the following:
The removal of the existing asphalt mat will be measured by the area, in square yards, completed to the required
depth and accepted.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Asphalt Mat Square Yard
Page 156
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 16
REVISION OF SECTION 217
HERBICIDE TREATMENT
Section 217 of the Standard Specifications is hereby revised for the project as follows:
Delete Subsection 217.01 and replace with the following:
All areas to be disturbed within the project area, regardless of final disposition, shall be treated with herbicide
before disturbance. After seeding and near the end of the project, if noxious weed species persist, seeded areas
shall receive an additional application of herbicide. All applications shall target observed species as
recommended in the in the Noxious Weed Management Plan attached and as provided in the Environmental
Assessment as summarized in the following table:
(a)Noxiou
s Weed
(b)Plant Growth
Characteristics
/Construction
Notes
(c)Approxi
mate
Location
Priority for
Control
(Suppression/
Eradication)
Recommended
Treatments
Kochia (Kochia
scoparia)
Annual forb that spreads
by seed in disturbed
areas.
Large stand on
the south side of
the SH 58 ROW
and in scattered
mixes with other
noxious weeds.
Suppression
by eliminating
the seed
source and
seed bank and
providing
adequate
revegetation.
Herbicide and Mechanical
Control: Treat seedlings in
spring with dicamba,
glyphosate or metsulfuron +
dicamba in combination
with mechanical control.
Cultural Control: Reseed
with native seed mix.
Cheatgrass
(Bromus
tectorum)
Prolific seed producing
winter annual; becomes
a fire hazard upon
maturity. Seeds easily
transported by
construction equipment.
In the large
Kochia stand on
the south side of
the SH 58 ROW
and in scattered
mixes with other
noxious weeds.
Suppression
by eliminating
the seed
source and
seed bank and
providing
adequate
revegetation.
Herbicide and Mechanical
Control: Treat seedlings in
spring with glyphosate in
combination with
mechanical control. Fall
applied herbicides after
seeds begin to germinate.
Fall herbicides include
sulfometuron methyl and
metribuzin.
Cultural Control: Reseed
with native seed mix in fall
to compete with grass in
spring.
Diffuse
knapweed
(Acosta diffusa)
Spreads by roots and is
deep rooted.
In the large
Kochia stand on
the south side of
the SH 58 ROW
and in scattered
Suppression
by eliminating
the seed
source and
pulling by
Herbicide and Mechanical
Control: Mechanically treat
by mowing or pulling
combined with herbicide
(clopyralid, dicamba, 2,4-D,
glyphosphate or a
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PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 17
(a)Noxiou
s Weed
(b)Plant Growth
Characteristics
/Construction
Notes
(c)Approxi
mate
Location
Priority for
Control
(Suppression/
Eradication)
Recommended
Treatments
mixes with other
noxious weeds.
eliminating
the roots.
combination of two or
more). Mowing should be
in spring before seed sets
followed by a fall herbicide.
Pulling shall be 3 times
annually, first in spring,
when the soil is moist,
second in June focusing on
bolted plants and third
before seed dispersal.
Cultural Control: Reseed
with native seed mix.
Spotted
knapweed
(Acosta
maculosa)
Short lived perennial
forb with a stout taproot.
Highly competitive.
In the large
Kochia stand on
the south side of
the SH 58 ROW
and in scattered
mixes with other
noxious weeds.
Suppression
by eliminating
the seed
source and
pulling by
eliminating
the roots.
Herbicide and Mechanical
Control: Mechanically treat
by mowing or pulling
combined with herbicide
(dicamba, 2,4-D,
glyphosphate or a
combination of two or
more). Mowing should be
in spring before seed sets
followed by a fall herbicide.
Pulling shall be 3 times
annually, first in spring,
when the soil is moist,
second in June focusing on
bolted plants and third
before seed dispersal.
Herbicide shall be before
the plant sets seeds.
Cultural Control: Reseed
with native seed mix.
Russian
knapweed
(Acroptilon
repens)
Short lived perennial
forb with a stout taproot.
Highly competitive.
In the large
Kochia stand on
the south side of
the SH 58 ROW
and in scattered
mixes with other
noxious weeds.
Suppression
by eliminating
the seed
source and
pulling by
eliminating
the roots.
Herbicide and Mechanical
Control: Mechanically treat
by mowing or pulling
combined with herbicide
(dicamba, 2,4-D,
glyphosphate or a
combination of two or
more). Mowing should be
in spring before seed sets
followed by a fall herbicide.
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PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 18
(a)Noxiou
s Weed
(b)Plant Growth
Characteristics
/Construction
Notes
(c)Approxi
mate
Location
Priority for
Control
(Suppression/
Eradication)
Recommended
Treatments
Pulling shall be 3 times
annually, first in spring,
when the soil is moist,
second in June focusing on
bolted plants and third
before seed dispersal.
Herbicide shall be before
the plant sets seeds.
Cultural Control: Reseed
with native seed mix.
Common
shepherd’s
purse (Capsella
bursa-pastoris)
In the Kochia
forb mix
scattered
throughout the
project.
Canada thistle
(Cirsium
arvense)
Aggressive rhizomatous
perennial of moist/wet
sites; seeds and plant
parts easily transported
by construction
equipment.
In the Kochia
forb mix
scattered
throughout the
project.
Suppression
by eliminating
the seed
source and
seed bank and
providing
adequate
revegetation.
Herbicide and Mechanical
Control: Treat seedlings in
late spring when in the bud
stage with Glyphosate,
clopyralid, 2 4-D (or a
combination of the two) in
combination with monthly
mowing.
Cultural Control: Reseed
with native seed mix.
Field bindweed
(Convolvulus
arvensis)
Long-lived perennial:
Construction could
increase the plants
abundance due to its
ability to spread rapidly
on disturbed sites and to
grow from root
fragments.
Scattered
throughout the
project area.
Suppression Herbicide Control:
Glyphosate, picloram,
dicamba, or 2,4-D during
the growing season.
Mechanical Control:
Continuous mowing in
combination with herbicides
can stress the plant and
exhaust the root system.
Cultural Control: Reseed
with native seed mix.
Houndstongue
(Cynoglossum
officinalis)
Short lived perennial
forb
Suppression
by eliminating
the seed
source and
seed bank and
providing
Herbicide and Mechanical
Control: Treat first year
plants in spring when in the
bud stage with 2 4-D,
dicamba or metsulfuron in
combination with monthly
Page 159
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 19
(a)Noxiou
s Weed
(b)Plant Growth
Characteristics
/Construction
Notes
(c)Approxi
mate
Location
Priority for
Control
(Suppression/
Eradication)
Recommended
Treatments
adequate
revegetation.
mowing. Adult plants shall
be mowed during flowering
and before seed maturation.
Cultural Control: Reseed
with native seed mix.
Common teasel
(Dipsacus
sylvestris)
Biennial perennial forb
spreads by seeds
Scattered
throughout the
project area.
Suppression
by eliminating
the seed
source and
seed bank and
providing
adequate
revegetation.
Herbicide and Mechanical
Control: Treat by mowing
or cutting and bagging the
heads to prevent seeds from
falling to the ground. Or
apply herbicides
(metsulfuron or dicamba)
Cultural Control: Reseed
with native seed mix.
Bouncing bet
(Saponaria
officinalis)
Perennial herbaceous
form that reproduces by
seed or rhizome.
Scattered
throughout the
project area.
Minimize the
disturbance of
the root
system and
prevent seed
production.
Herbicide and Mechanical
Control: Treat seedlings in
spring with picloram,
dicamba or glyphosphate)
in combination with
mechanical control.
Cultural Control: Reseed
with native seed mix.
Russian olive
(Elaeagnus
angustifolia)
Deciduous tree with a
deep tap root.
In the Kochia
forb mix
scattered
throughout the
project.
Scattered
throughout the
project area.
Eradication by
cutting the
trees down
and treating
the cut stems
to control the
roots.
Herbicide and Mechanical
Control: Cut the trunks and
apply herbicide applications
of 2,4-D to cut trunks or cut
stems. Treat seedlings in
spring with picloram,
dicamba or glyphosphate)
in combination with
mechanical control.
Cultural Control: Replant
with native cottonwoods or
willows with native grasses.
Saltcedar
(Tamarix
ramosissima)
Aggressive woody shrub
of riparian and wetland
habitats
Along Clear
Creek near the
study area.
eradication Cut-stump method followed
by applying the appropriate
chemical treatment to the
stump cut. Remove and
dispose of all above ground
woody and herbaceous
plant parts. Re-seed or re-
Page 160
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 20
(a)Noxiou
s Weed
(b)Plant Growth
Characteristics
/Construction
Notes
(c)Approxi
mate
Location
Priority for
Control
(Suppression/
Eradication)
Recommended
Treatments
plant with native shrubs or
trees.
Flixweed
(Descurainia
Sophia)
Annual forb; spreads
only by seeds.
Construction could
increase the spread if
disturbed areas are left
un-vegetated.
In the Kochia
forb mix
scattered
throughout the
project.
Herbicide Control: Spring
applications are most
effective when applied
during the seedling stage
using 2,4-D, metsulfuron
methyl or chlorsulfuron.
Mechanical Control:
Remove rosettes during
clearing and grubbing.
Cultural Control: Reseed
with native seed mix.
Dicamba may injure woody plants.
Glyphosate may be used in riparian areas
2,4-D and Transline should not be used in riparian areas or need water.
Picloram is persistent in the soil and should not be used in areas to be re-seeded.
Delete the last paragraph in Subsection 217.03, “Herbicides shall not be…”
Mechanical control shall be included in the cost of Clearing and Grubbing.
Seeding shall be included in the cost of 212 Seeding (Native).
Pay Item Pay Unit
Herbicide Treatment Hour
Page 161
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 21
SECTION 240
PROTECTION OF MIGRATORY BIRDS
BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST
Section 240 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
240.01 This work consists of protecting migratory birds during construction.
MATERIALS AND CONSTRUCTION REQUIREMENTS
240.02 The Contractor shall schedule clearing and grubbing operations and work on structures to avoid taking
(pursue, hunt, take, capture or kill; attempt to take, capture, kill or possess) migratory birds protected by the
Migratory Bird Treaty Act (MBTA). The Contractor shall retain a qualified wildlife biologist for this project.
The wildlife biologist shall have a minimum of three years of experience conducting migratory bird surveys and
implementing the requirements of the MBTA. The Contractor shall submit documentation of the biologist's
education and experience to the Engineer for acceptance. A biologist with less experience may be used by the
Contractor subject to the approval of the Engineer based on review of the biologist's qualifications.
The wildlife biologist shall record the location of each protected nest, bird species, the protection method used,
and the date installed. A copy of these records shall be submitted to the Engineer.
(a)Vegetation Removal. When possible, vegetation shall be cleared prior to the time when active nests are
present. Vegetation removal activities shall be timed to avoid the migratory bird breeding season which
begins on April 1 and runs to August 31. All areas scheduled for clearing and grubbing between April 1 and
August 31 shall first be surveyed within the work limits for active migratory bird nests. The Contractor's
wildlife biologist shall also survey for active migratory bird nests within 50 feet outside work limits.
Contractor personnel shall enter areas outside CDOT right of way only if a written, signed document
granting permission to enter the property has been obtained from the property owner. The Contractor shall
document all denials of permission to enter property.The Contractor shall avoid all active migratory bird
nests. The Contractor shall avoid the area within 50 feet of the active nests or the area within the distance
recommended by the biologist until all nests within that area have become inactive. Inactive nest removal
and other necessary measures shall be incorporated into the work as follows:
1.Tree and Shrub Removal or Trimming. Tree and shrub removal or trimming shall occur before April 1
or after August 31 if possible. If tree and shrub removal or trimming will occur between April 1 and
August 31, a survey for active nests shall be conducted by the wildlife biologist within the seven days
immediately prior to the beginning of work in each area of tree and shrub removal or trimming. The
survey shall be conducted for each phase of tree and shrub removal or trimming.
If an active nest containing eggs or young birds is found, the tree or shrub containing the active nest
shall remain undisturbed and protected until the nest becomes inactive. The nest shall be protected by
placing fence (plastic) a minimum distance of 50 feet from each nest to be undisturbed. This buffer
dimension may be changed if determined appropriate by the wildlife biologist and approved by the
Engineer. Work shall not proceed within the fenced buffer area until the young have fledged, or the
nests have become inactive.
If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work,
wholly or in part, until the fence is satisfactorily repaired at the Contractor’s expense. Time lost due to
such suspension will not be considered a basis for adjustment of time charges but will be charged as
contract time.
Page 162
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 22
-2-
SECTION 240
PROTECTION OF MIGRATORY BIRDS
BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST
2.Grasses and Other Vegetation Management. Due to the potential for encountering ground nesting
birds’ habitat, if work occurs between April 1 and August 31, the area shall be surveyed by a wildlife
biologist within the seven days immediately prior to ground disturbing activities.
The undisturbed ground cover to 50 feet beyond the planned disturbance, or to the right of way line,
whichever is less, shall be maintained at a height of 6 inches or less beginning April 1 and continuing
until August 31 or until the end of ground disturbance work, whichever comes first.
If birds establish a nest within the survey area, an appropriate buffer of 50 feet will be established
around the nest by the CDOT biologist. This buffer dimension may be changed if determined
appropriate by the CDOT biologist and approved by the Engineer. The Contractor shall install fence
(plastic) at the perimeter of the buffer. Work shall not proceed within the buffer until the young have
fledged or the nests have become inactive.
If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work,
wholly or in part, until the fence is satisfactorily repaired at the Contractor’s expense. Time lost due to
such suspension will not be considered a basis for adjustment of time charges but will be charged as
contract time.
(b)Work on structures. The Contractor shall prosecute work on structures in a manner that does not result in a
taking of migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall not
prosecute the work on structures during the primary breeding season, April 1 through August 31, unless he
takes the following actions:
(1)The Contractor shall remove existing nests prior to April 1. If the Contract is not awarded prior to April
1 and CDOT has removed existing nests,then the monitoring of nest building shall become the
Contractor’s responsibility upon Notice to Proceed.
(2)During the time that the birds are trying to build or occupy their nests, between April 1 and August 31,
the Contractor shall monitor the structures at least once every three days for any nesting activity.
(3)If the birds have started to build any nests, they shall be removed before the nest is completed. Water
shall not be used to remove the nests if nests are located within 50 feet of any surface waters.
(4)Installation of netting may be used to prevent nest building. The netting shall be monitored and repaired
or replaced as needed. Netting shall consist of a mesh with openings that are ¾ inch by ¾ inch or less.
If an active nest become established, i.e., there are eggs or young in the nest, all work that could result in
abandonment or destruction of the nest shall be avoided until the young have fledged or the nest is
unoccupied as determined by the wildlife biologist and approved by the Engineer. The Contractor shall
prevent construction activity from displacing birds after they have laid their eggs and before the young have
fledged.
If the project continues into the following spring, this cycle shall be repeated. When work on the structure is
complete, the Contractor shall remove and properly dispose of netting used on the structure.
(c)Taking of a Migratory Bird. The taking of a migratory bird shall be reported to the Engineer. The
Contractor shall be responsible for all penalties levied by the U. S. Fish and Wildlife Service (USFWS) for
the taking of a migratory bird.
Page 163
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 23
-3-
SECTION 240
PROTECTION OF MIGRATORY BIRDS
BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST
METHOD OF MEASUREMENT
240.03 Wildlife Biologist will be measured by the actual authorized number of hours a wildlife biologist is on
site performing the required tasks.
Removal of nests will be measured by the actual number of man-hours spent removing inactive nests just prior
to and during the breeding season, April 1 through August 31. During this period, the Contractor shall submit to
the Engineer each week for approval a list of the workers who removed nests and the number of hours each one
spent removing nests.
Netting will be measured by the square yard of material placed to keep birds from nesting on the structure.
Square yards will be calculated using the length of netting measured where it is attached to the ground and the
average height of the netting where it is attached to the structure.
BASIS OF PAYMENT
240.04 The accepted quantities measured as provided above will be paid for at the contract unit price for each of
the pay items listed below that appear in the bid schedule.
Payment will be made under:
Pay Item Pay Unit
Wildlife Biologist Hour
Removal of Nests Hour
Netting Square Yard
Payment for Wildlife Biologist will be full compensation for all work and materials required to complete the
item, including wildlife biologist, wildlife survey, and documentation (record of nest location and protection
method)
Payment for Removal of Nests will be full compensation for all work and material required to complete the
work.
Payment for netting will be full compensation for all work and material required to complete the item. Overlaps
of netting will not be measured and paid for separately but shall be included in the work. Maintenance and
replacement, removal, and disposal of netting will not be measured and paid for separately but shall be included
in the work.
Clearing and grubbing will be measured and paid for in accordance with Section 201. Mowing will not be
measured and paid for separately but shall be included in the work.
Removal and trimming of trees will be measured and paid for in accordance with Section 202.
Fence (Plastic) will be measured and paid for in accordance with Section 607
Page 164
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 24
REVISION OF SECTION 403
HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.02 shall include the following:
The design mix for hot mix asphalt shall conform to the following:
Table 403-1
Property Test
Method
Value For Grading
(Gr S)
(75)
Patching
Air Voids, percent at:
N (design) CPL 5115
3.5 –4.5
Lab Compaction (Revolutions):
N (design)CPL 5115 75
Stability, minimum CPL 5106 30
Aggregate Retained on the 4.75
mm (No. 4) Sieve for S, SX and
SG, and on the 2.36mm (No. 8)
Sieve for ST and SF with at least
2 Mechanically Induced fractured
faces, % minimum*
CP 45 60
Accelerated Moisture
Susceptibility Tensile Strength
Ratio (Lottman), minimum
CPL 5109
Method B 80
Minimum Dry Split Tensile
Strength, kPa (psi)
CPL 5109
Method B 205 (30)
Grade of Asphalt Cement, Top
Layer PG 64-28
Grade of Asphalt Cement, Layers
below Top PG 64-28
Voids in the Mineral Aggregate
(VMA) % minimum CP 48 See Table
403-2
Voids Filled with Asphalt (VFA),
%AI MS-2 See Table
403-2
Dust to Asphalt Ratio
Fine Gradation
Coarse Gradation
CP 50 0.6 – 1.2
0.8 – 1.6
Page 165
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 25
-2-
REVISION OF SECTION 403
HOT MIX ASPHALT
Cont. Table 403-1
Note: AI MS-2 = Asphalt Institute Manual Series 2
Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached
with caution because of constructability problems.
Note: Gradations for mixes with a nominal maximum aggregate size of one inch or larger are considered a
coarse gradation if they pass below the maximum density line at the #4 screen.
Gradations for mixes with a nominal maximum aggregate size of 3/4” to 3/8” are considered a
coarse gradation if they pass below the maximum density line at the #8 screen.
Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a
coarse gradation if they pass below the maximum density line at the #16 screen.
*Fractured face requirements for SF may be waived by RME depending on project conditions.
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table
403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to
1.0 percent below the mix design optimum. CDOT will establish the production asphalt cement
and volumetric targets based on the Contractor’s mix design and the relationships shown between the hot mix
asphalt mixture volumetric properties and asphalt cement contents on the Form 429. CDOT may select a
different AC content other than the one shown at optimum on the Contractor’s mix design in order to establish
the production targets as contained on the Form 43. Historically, Air Voids adjustments typically result in
asphalt cement increases from 0.1 to 0.5 percent. Contractors bidding the project should anticipate this change
and factor it into their unit price bid.
Table 403-2
Minimum Voids in the Mineral Aggregate (VMA)
Nominal
Maximum Size*,
mm (inches)
***Design Air Voids **
3.5% 4.0% 4.5% 5.0%
37.5 (1½) 11.6 11.7 11.8
N/A
25.0 (1) 12.6 12.7 12.8
19.0 (¾) 13.6 13.7 13.8
12.5 (½) 14.6 14.7 14.8
9.5 (⅜) 15.6 15.7 15.8
4.75 (No. 4) 16.6 16.7 16.8 16.9
* The Nominal Maximum Size is defined as one sieve
larger than the first sieve to retain more than 10%.
** Interpolate specified VMA values for design air voids
between those listed.
*** Extrapolate specified VMA values for production air
voids beyond those listed.
Page 166
PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 26
-3-
REVISION OF SECTION 403
HOT MIX ASPHALT
The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA.
This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the
Engineer determines that segregation is unacceptable, the paving shall stop, and the cause of segregation shall be
corrected before paving operations will be allowed to resume.
Hot mix asphalt for patching shall conform to the requirements for HMA (S) (75) (PG 64-28). All patching shall
be per the Project Engineer.
Delete subsection 403.05 and replace with the following:
403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the
contract unit price per ton for the asphalt mixture.
Asphalt removal will be paid under “Removal of Asphalt Mat”
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt (Patching)(Asphalt) Ton
Aggregate, asphalt recycling agent, asphalt cement, additives, hydrated lime, and all other work and
materials necessary to complete each hot mix asphalt item will not be paid for separately but shall be included in
the unit price bid. When the pay item includes the PG binder grade, any change to the submitted mix design
optimum asphalt cement content to establish production targets on the Form 43 will not be measured and paid
for separately but shall be included in the work. No additional compensation will be considered or paid for any
additional asphalt cement, plant modifications and additional personnel required to produce the HMA as a result
in a change to the mix design asphalt cement content.
Historically, typical asphalt cement increases reflected on the Form 43 are from 0.1 to 0.5 percent. However,
the Contractor should anticipate the AC increases typical of his mixes. Contractors bidding the project should
anticipate this change and factor it into their unit price bid.
When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in
accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and
paid for separately but shall be included in the work.
Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately but
shall be included in the work.
Aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to
complete Hot Mix Asphalt (Patching)(Asphalt) will not be paid for separately but shall be included in the unit
price bid.
Subgrade excavation & preparation, and tack coat of areas to be patched will not be measured and paid for
separately but shall be included in the work.
Removal of Asphalt Mat will be measured and paid for separately.
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REVISION OF SECTION 504
RETAINING WALL (ROCK)
Section 504 of the Standard Specifications is hereby revised for this project as follows:
DESCRIPTION
Rock Retaining Wall work consists of furnishing and placing rock, gravity retaining walls in accordance with
these Specifications and in conformity with the lines, grades, and dimensions as shown on the Plans or as
established. The material for the rock used and the construction of these walls shall be as specified herein.
MATERIALS
Materials shall meet the following requirements:
(a) Rock. The rock used for the construction of the rock retaining walls shall conform to the following:
1. The rock shall be angular and free from segregation, seams, cracks, and other structural defects or
imperfections tending to destroy its resistance to the weather. It shall be free of rounded, worn, or weathered
surfaces. The Owner shall reject all rounded or weathered stone.
2. The color of the rock shall be mostly light grays, browns and tans, as approved by the Engineer. The color
shall be approved prior to the rock being delivered to the construction site. The Owner will visit the rock
supplier’s quarry to approve the rock color. This approved color of rock will be used for the construction of
the rock retaining walls for the entire project.
3. The rocks for the construction of the walls shall be well graded and vary in size from a mean diameter of 9
inches to 48 inches. Control of gradation will be by visual inspection. However in the event the engineer
determines rock to be unacceptable, the Engineer will pick two (2) random truckloads to be dumped and
checked for gradation. The Contractor at no additional cost shall provide mechanical equipment and labor
needed to assist in checking gradation to the Owner.
4. The specific gravity of the rock shall be 2.5 or greater according to the bulk-saturated, surface-dry basis,
AASHTO T85.
5. The rock shall have a percentage loss of not more than 40 percent after 500 revolutions when tested in the
Los Angeles machine in accordance with AASHTO Test T96.
6. The rock shall have a percentage loss of not more than 10 percent after five (5) cycles when tested in
accordance with AASHTO Test T104 for ledge rock using sodium sulfate.
7. The rock shall have a percentage loss of not more than 10 percent after twelve (12) cycles of freezing and
thawing when tested in accordance with AASHTO Test T103 for ledge rock, Procedure A.
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REVISION OF SECTION 504
RETAINING WALL (ROCK)
(b) Backfill.
1. The wall shall be backfilled per CDOT 208.02(l) with 3-inch crushed rock wrapped in Geotextile (Class 3)
including a 4” perforated pipe in the backfill layer as shown in the plans.
CONSTRUCTION REQUIREMENTS
Construction Requirements for rock retaining walls shall be as follows:
1. The rock for the rock walls shall be placed tightly, without obvious grout on the outside face of the rock wall.
2. Subgrade under walls shall be compacted to 95% of maximum density determined in accordance with
AASHTO T180, with a minimum bearing capacity of 3000 psf.
3. The rock walls shall be constructed to the dimensions and in the locations shown on the drawings. The walls
shall be constructed with a 1 horizontal to 4 vertical batter on the front and back face, with a minimum width
of 1 foot at the top of the wall.
5. All face stones shall be pitched to a string line on straight walls or laid to batter stakes for curved walls. The
batter shall be consistent with respect to all parts of the wall and shall meet the minimum requirements set
forth in the detail. The degree of roughness on the exposed face shall be measured with a six-foot straight
edge supported between adjacent projections on the stone face. Variations in the face in excess of 4 inches,
measured form the straight edge to the extreme depression in the stone will not be permitted. Rear faces
shall present approximately plane surfaces and shall in general conform to the detail.
6.Each facing rock shall be in contact with at least two rocks below it. Each rock shall have at least three (3)
bearing points – two (2) in front and one (1) in back. Front contact points shall be within 6 inches of the
face. There shall be no columns of rock, i.e., no continuous vertical seems.
7. Backfill, 4” perforated pipe, geotextile and weep drains as shown on the drawings shall be installed through
the rock walls at no more than 50-foot o.c. and located vertically 6 inches above final grade on the exposed
wall side, unless otherwise specified on the plans.
8. There shall be no loose cap rocks that can be moved by hand or are unstable under foot.
9. Examine the substrates, adjoining construction and the conditions under which the work is to be installed.
Do no proceed with the work until unsatisfactory conditions have been corrected.
10. Verify dimensions before proceeding with the work. Obtain field measurements for work required to be
accurately fitted to other construction. Be responsible for the accuracy of such measurements and precise
fitting and assembly of finished work.
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REVISION OF SECTION 504
RETAINING WALL (ROCK)
11. Job Mock-up: Prior to the construction of any rock walls, the Contractor, or Subcontractor who is
constructing the walls for the Contractor, shall show the Owner and Engineer, an example of similar rock
walls that they had constructed previously. After acceptance of this previous work, the Contractor or
Subcontractor shall construct approximately 100 square feet of rock wall as shown on the drawings for
approval by the Owner and Engineer. If the construction is approved, the Contractor or Subcontractor shall
construct the remainder of the rock walls as approved. If the construction is not approved, the Contractor
shall make any changes required by the Owner and Engineer to obtain approval and construct the remainder
of the walls as approved.
12. Submittals: Submittals shall be required for the grout mix design and the rock. Rock submittals shall be as
per CDOT Section 506 – Riprap. Submit certification that sufficient quantity of materials within the range
of accepted material is available from a single quarry to satisfy the total requirements of the project. Samples
of rock shall be made available at the quarry.
The Owner and Engineer shall approve all submittals prior to rock wall construction.
METHOD OF MEASUREMENT
Retaining Wall (Rock) will be measured by the square foot of surface area using the pay limits as shown on the
Rock Retaining Wall Typical Section(s) in the plans.
BASIS OF PAYMENT
The unit price of Retaining Wall (Rock) shall be compensation for complete installation including but not limited
to subgrade compaction, water, backfill, rock, crushed rock, weep holes, drainage geofabric, 4” perforated pipe,
construction dewatering, delivery and installation.
Dewatering for rock retaining walls shall not be paid for separately but shall be included in the work.
Payment will be made under:
Pay Item Pay Unit
Retaining Wall (Rock) Square Foot
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REVISION OF SECTION 607
FENCE (WOOD POST AND DOWEL)
Section 607 of the Standard Specifications is hereby revised for this project as follows:
Subsection 607.02 shall include the following:
Post and Dowel Fence shall be 8-foot long 6-inch diameter round posts with 4-inch diameter round rails. All posts
and rails shall be as per section 710.07. Posts shall be treated with ACQ to a total absorption of 0.06 pounds per
cubic foot of timber. Rails shall be treated with ACQ to a total absorption of 0.04 pounds per cubic foot of timber.
Subsection 607.05 shall include the following:
Pay Item Pay Unit
Fence (Wood Post and Dowel) Linear Foot
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REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.01 shall include the following:
This Work shall consist of constructing concrete bikeway, concrete sidewalk, and curb ramps in accordance with
the lines and grades shown on the plans.
Subsection 608.02 shall include the following:
Bikeway concrete shall be mixed with fibermesh reinforcing strands (or approved equal), at the rate of 1.5 pounds
per cubic yard. Mixing, placing and finishing shall be performed according to manufacturer’s recommendations.
An accelerator may be used in Class B concrete if approved by the Engineer.
Concrete Color:
Concrete color shall be Davis Colors #5084 – Omaha Tan unless otherwise shown in the plans. Colors shall be
mixed and proportioned according to the manufacturer’s recommendations. Curing compounds shall be clear and
according to the manufacturer’s recommendations.
Concrete repair materials shall be epoxy resin based, rapid setting, non-shrink products specially developed for
all-weather exterior slab edge crack or spall repair. The use of repair products in place of removal and replacement
of unacceptable, defective or failing work will be limited to isolated areas less than two inches in width and will
be subject to the discretion of the Engineer. Store, mix, and place the concrete repair material in strict accordance
with manufacturer's recommendations.
Subsection 608.03 (b) shall include the following: Forms:
“Bender boards” or thin plank forms with adequate supports shall be used on all trail concrete with curves of
less than 75-foot radius. Bender board forms shall be cleated together for the full depth of the form. In no event
shall forms be removed while the concrete is sufficiently plastic to slump.
If slip-form paving is proposed the Contractor must provide all submittals and information requested by the
Engineer for review and consideration prior to construction. The slip form paving machine must be self-
propelled, controlled by offset stringlines. A minimum 20 ft. long test section is required. The Contractor must
also provide a means for verifying the string line setup prior to paving. Coring may be required. If approved,
slip forming must meet the performance requirements specified herein.
Subsection 608.03 (c) shall include the following:
Limitations on Placing Concrete:
Weather Limitations on placing concrete shall conform to Subsections 601.12 (a) (b) and (c).
Unless adequate protection is provided and approved by the Project Engineer, concrete shall not be placed
during precipitation events. Concrete shall not be placed when the temperature is 35 degrees Fahrenheit or
below. Adequate precautions shall be taken to protect all concrete after it is placed and to prevent the
temperature of the deposited concrete from falling below the specified minimum temperature during the
specified minimum time periods.
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REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
In Subsection 608.03 (d), second paragraph, delete “and all Joints” and include the following:
All slabs shall have a medium brush finish perpendicular to the direction of travel. Obtain approval of the
Engineer for the finish on a test section if required, and on the first 20 ft. section placed prior to proceeding
with finishing operations.
The float shall be at least 10 feet in length, operated longitudinally, or in such a way that transverses waves are
minimized over the surface of the concrete. Form clamps and braces shall be so constructed as not to interfere with
the operation of this float.
The top and edge of the sidewalk slab shall be true and straight, of uniform width, free from humps, sags or other
irregularities. When a straight edge 10 feet long is laid on the top surface or edge of the trail slab, the surface shall
not vary more than 1/8” from the edge of the straightedge, except at grade changes or curves. The surface irregularity
tolerance shall also apply across joints.
Where lids and boxes are within the bikeway or sidewalk the finish grade of the lids shall be adjusted to be flush or
1/8” maximum below the finish concrete surface. Replace dimpled lids with lids with minimal relief as directed by
the Engineer.
The Contractor shall clean at his expense all discolored concrete, and concrete that has undesirable foreign substances
on it, (grease, concrete splatters, etc.). The concrete may be cleaned by abrasive blast cleaning or other methods
approved by the Engineer.
Subsection 608.03 (e) deleted the first paragraph and replace with the following:
Contraction (weakened plane) joints, 1/8 inch wide, shall be constructed at the intervals noted on the drawings as
directed by the Engineer, or equal to the width of trail or sidewalk installed if not directed or specified otherwise.
The joints shall be constructed to a depth of 1/3 the concrete depth by saw cutting.
Construct tooled weakened plane joints only if specifically noted on the drawings, or where pre-approved by the
Engineer.
Shallower cuts made with early-entry, dry-cut saws will be considered an acceptable alternate when submittals
documenting proven performance of this method by the Contractor on previous projects are submitted to and
approved by the Engineer. Where saw cuts abut other construction, the length of the proposed cut which cannot
be sawn shall be tooled out from the obstruction the required distance. Slabs that experience shrinkage cracking
due to inadequate joint depth or due to untimely and improper saw cutting shall be removed and replaced at the
Contractor’s expense.
Expansion joints, 1/2 inch wide by full slab depth, shall be installed at each side of structures, at maximum 300-
foot intervals along the sidewalk alignment, at locations shown on the plans or detail drawings, to match existing
expansion joints, or as directed by the Engineer. Expansion joints shall consist of preformed joint filler and sealant
conforming to the provisions herein. See “Dowel and Tie Bar Installation” below for dowel requirements at
sidewalk and bike path transverse expansion joints.
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REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
Expansion joints shall also be formed around all appurtenances such as manholes, catch basins, lighting structures,
etc., extending into and through the trail or curb. The Contractor shall attempt to locate expansion or contraction
joints to intersect isolation joints in a symmetrical manner.
Where adjacent gutters, or curb and gutter or other concrete shoulders or aprons are constructed separately from
the bikeway or sidewalk, transverse joints shall generally match those on the bike way or sidewalk.
Dowel and Tie Bar Installation:
For 8-ft. wide and wider bike paths and sidewalks and where specifically noted: Smooth dowel bars shall be placed
in the forms at each expansion joint.
Dowels shall be set level and parallel to one another and parallel to the center line of the slab. Dowels placed
through expansion joints shall have end expansion caps.
Tie bars are required for construction joints, but the tie bar pullout test is not required.
Subsection 608.03(f) shall be revised to include the following:
Concrete shall not be left exposed for more than 1/2 hour between the time finishing is completed and
commencement of curing treatment unless approved by the Owner.
Sections of trail which develop random cracking shall be removed and replaced or repaired in a satisfactory
manner to the Owner by the Contractor at his expense.
Add the following Subsection 608.03 (g):
Concrete Testing:
Routine testing to determine the acceptability of the concrete will be performed. These tests will include, as a
minimum, the following:
1. Slump
2. Air Entrainment
3. Compressive Strength
Slump and air entrainment testing shall be performed immediately after 10% of first batch has been discharged
and shall be in accordance with Subsection 601.17(a) and (b). Sampling shall be done at the final point of
discharge.
Compressive strength testing shall include the taking of 5 concrete cylinders for each 100 cubic yards, or fraction
thereof, placed in any one day. Sampling shall be from the middle of a batch.
Cylinders shall be broken as follows:
1 cylinder at 7 days.
2 cylinders at 28 days
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REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
The remaining cylinders shall be retained for breaking at a later date, as directed by the Engineer.
Acceptance of concrete strength shall be in accordance with Subsection 601.17(c.)
Warranty:
The Contractor shall guarantee against all defects in material and equipment incorporated in, and warrant all
workmanship on, the Concrete Bikeway (6-Inch) (Colored) for a period of two (2) years commencing on the
Notice of Substantial Completion. Defects will be identified by the Project Engineer and are based on the
following:
1) Vertical displacement greater than ½ inch at cracks or joints in the sidewalk or curb ramp.
2) Cracks in the sidewalk or curb ramp greater than 1/4-inch width.
3) Localized heaving or settlement of the sidewalk or curb ramp.
4) Scaling or spalling of the concrete surface to a depth greater than ¼ inch.
In an emergency, the Contractor shall repair all deficiencies within 48 hours of notification by the Engineer.
All other deficiencies shall be identified by the Engineer prior to the end of the 2-year warranty period with written
notification sent to the Contractor. The Contractor shall repair all deficiencies prior to final Acceptance. In the
event the Contractor should fail to make such repairs, adjustments, or perform other necessary work required to
correct any deficiencies, the Engineer may do so and charge the Contractor the cost thereby incurred. The
Contractor’s Performance and Payment Bond shall remain in full force and effect through the two (2) year
guarantee and warranty period.
Subsection 608.06 is revised to include the following:
Pay Item Pay Unit
Concrete Bikeway (6-Inch) (Colored) Square Yard
Fibrous polypropylene filaments will not be paid for separately but shall be included in the work.
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REVISION OF SECTION 608
DETECTABLE WARNINGS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.01 shall include the following:
This work includes the installation of detectable warnings on concrete curb ramps as shown on the plans.
Subsection 608.02 shall include the following:
Detectable warnings shall be truncated dome plates of the dimensions shown on the plans. Domes shall be
prefabricated by the manufacturer as a pattern on embeddable surface plates.
Plates shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when
installed, shall be capable of producing the pattern of domes shown on the plans.
The detectable warning plates used shall be cast iron East Jordan Iron Works (EJIW) Detectable Warning Plates,
or an approved equivalent product.
Cast iron plates with a “rust” colored tone, or “Natural Finish” as produced by East Jordan Iron Works.
The domes and their underlying surface shall have a discernible contrast of color from the adjacent surface. The
contrasting colors shall not be black and white.
When plates are used, prior to the start of work, the Contractor shall submit appropriate documentation from the
manufacturer verifying that the contrast has been met, along with a sample plate, to the Project Engineer for
approval.
Subsection 608.03 shall include the following:
(g) Detectable Warnings.
1.Plates. Prior to installation of the plates, concrete conforming to subsection 608.02 shall be installed and
consolidated as a base for the plates. The concrete shall be placed to a thickness that will allow the base
surface of the plates to be at the same elevation as the adjacent concrete. The plates shall be embedded
into the plastic concrete in accordance with the manufacturer’s specifications.
Subsection 608.05 shall include the following:
The unit price for the truncated domes will be per the unit price and will include all of the materials. All work and
materials necessary for fabrication, transport, and installation of all aspects of the truncated domes will be
considered incidental to the Unit Bid Price.
Subsection 608.06 is revised to include the following:
Pay Item Pay Unit
Detectable Warnings Square Feet
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REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.13 shall include the following:
All signing and traffic control devices required to implement the approved TCP shall be individually measured
for payment.
Signs damaged due to Contractor operations shall be replaced in kind or repaired by the Contractor at no additional
cost to the project.
All advanced construction signing shall be installed prior to any construction activity and remain in place for all
phases of construction. Road Work advance sequence signs shall be reset as required to match current locations
of initial traffic control devices.
Resetting of construction signs as required by the work is considered incidental to the project and will not be paid
separately.
Masking of existing/permanent or temporary signs as required by the work is considered incidental to the project
and will not be paid separately.
In the event the Contractor fails to complete the project within the allowable Contract time, including time
extensions, the Contractor will bear all costs associated with the additional traffic control required by the project
including all flagging, traffic control supervision, rental and maintenance of traffic control devices, etc. until the
project is completed.
Subsection 630.19 shall include the following:
Payment shall be full compensation for furnishing, erecting, cleaning, maintaining, moving, removing, and
disposing of construction traffic control devices necessary to complete the work.
Payment will be full compensation for all work items necessary to complete the construction of the project
including, but not limited to:
1.Preparation and submittal of MHT and required services of Traffic Control Supervisor.
2. The rental/ purchase, fabrication, installation and maintenance of all equipment, signs, channelization
devices, etc. during construction of the project.
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REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Payment will be made under:
Pay Item Pay Unit
Flagging (Hour)
Traffic Control Inspection (Day)
Traffic Control Management (Day)
Barricade (Type 3 M-A) (Temporary) (Each)
Construction Traffic Sign (Panel Size A) (Each)
Construction Traffic Sign (Panel Size B) (Each)
Construction Traffic Sign (Special) (Square Foot)
Drum Channelizing Device (Each)
Traffic Signal (Temporary) (Each)
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FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the Department's estimate for force account items included in the Contract. The
estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the
performance and payment bonds. Force Account work shall be performed as directed by the Engineer.
F/A Minor Contract Revisions – Consists of minor work authorized and approved by the Engineer, which is not
included in the contract plans or specifications and is necessary to accomplish the scope of work of this contract.
F/A Erosion Control – Supplemental erosion control measures suggested by the Erosion Control Supervisor, but
not provided for in the contract plans or specifications. All items shall be approved by the Engineer prior to
installation, or they will be at no cost to the project.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all
work necessary to complete the item.
Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply
with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the
Contractor.
Estimated
Force Account Item Quantity Amount
F/A Minor Contract Revisions F.A. $ 110,000*
F/A Erosion Control F.A. $ 6500
F/A Misc., CDOT Force Account Items F.A. $ 3500
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TRAFFIC CONTROL PLAN – GENERAL
The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10(a).
The components of the TCP for this project are included in the following:
(1)Subsection 104.04 and Section 630 of the specifications.
(2)Schedule of Construction Traffic Control Devices
(3)Signing Plans
(4)Construction Phasing Details
(5)Detour Details
(6)CDOT Lane Closure Variance – Fall River Trail project
(7)Miscellaneous requirements of the Town of Estes Park
Unless otherwise approved by the Engineer, the Contractor’s equipment shall follow normal and legal traffic
movements. The Contractor’s ingress and egress of the work area shall be accomplished with as little disruption
to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to
that used for installation. This may require moving backwards through the work zone. When located behind barrier
or at other locations shown on approved traffic control plans, equipment may operate in a direction opposite to
adjacent traffic.
Special Traffic Control Plan requirements for this project are as follows:
1.During the construction of this project, traffic shall use the present traveled roadway unless otherwise
identified on the plans or approved by the Engineer.
2.The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time,
unless approved by the Engineer.
3.The Traffic Control Plan shall be submitted to Town of Estes Park Public Works Department Engineering
Division and CDOT Region 4 for review and approval at the Pre-Construction Meeting. The Public Works
Department shall have at least 72 hours notice prior to approve all upcoming projects. Work on any project
shall not commence without an approved traffic control plan. A copy of this plan shall be kept on site at all
times.
4.Working hours are strictly enforced. The working hours are from 7 AM to 7 PM. If work will run beyond
the established working hours for the area, the Contractor must connect with the Public Works Department
Office at (970) 577-3587 or publicworks@estes.org to request to work outside the established hours.
5.The contractor shall not deviate from the original approved Traffic Control Plan. If the original Traffic
Control plan requires modification, the contractor must submit a revised plan to the Public Works Department
for review and approval.
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TRAFFIC CONTROL PLAN – GENERAL
6.The traffic control plan includes a variance request to close one lane of State Highway 34 (034A) from MP
60.1 to 60.2. The eastbound lane of the highway can be closed and traffic managed with a temporary signal
for a duration of approximately three months. Lane closure variance is required. Preliminarily variance
request has been submitted to CDOT. CDOT has indicated General acceptance following clarification of
closure dates/duration. The Contractor’s proposed schedule and participation will be required for final review
and approval by CDOT. (See additional information provided at the end of the Special Provisions)
7.Due to the annual increase in tourism traffic, lane closures shall not be permitted after Thursday May 25,
2023.
8.If streets are approved for partial or complete closures, please contact Emergency Services prior to starting
work. Call the non-emergency Police Dispatch number at 970-586-4000 and they will notify Police, Fire,
and Medical.
9.Unless otherwise pre-approved by the Public Works Department and CDOT, all streets must be open to local
traffic and emergency vehicle access.
10.All locations that are to be left unfinished overnight must be protected with appropriate barricade devices.
All barricading shall be done in accordance with the MUTCD. If barricades or drums are to be left up
overnight, they must be lit. It is the contractor's responsibility to field inspect the work site after dark to
ensure that all lights are operating properly.
11.Upon completion of work for the day all construction signs must be made so that they are not visible to traffic
and do not pose a hazard to vehicles, bicycles and/or pedestrians.
12.Loose materials in storage areas must be fenced or otherwise secured to prevent vandalism, theft, and
property damage. If fill material or equipment is stored on a street, it must be delineated with lighted
barricades. Sidewalks shall not be used to store equipment or fill materials. Sight distance from intersections
must be maintained around the stored materials.
13.The Contractor shall install construction traffic control devices where they do not block or impede other
existing traffic control devices or sidewalks for pedestrians, people with disabilities, or bicyclists.
14.Vertical cuts or fills greater than 1 inch resulting from construction operations within the clear zone of
adjacent traffic lanes shall be temporarily sloped at a 6:1 or flatter slope, and delineated at 50-foot intervals
immediately after removal operations to safeguard the traveling public.
15.Construction equipment used on this project shall meet the same minimum exhaust requirements as those
specified by the manufacturer of the equipment.
16.The Contractor and subcontractors shall equip their construction vehicles with flashing amber lights.
Equipment to be used at night shall also be equipped with flashing amber lights. Flashing amber lights on
vehicles and equipment shall be visible from all directions.
17.Parking areas temporarily disturbed by construction activities shall be restored to a useable condition during
non-working hours. Such temporary parking shall utilize an all-weather surface. The Contractor shall
develop an Access Maintenance Plan in coordination with, and based on the requirements of, the affected
property owners and tenants, and submit it to the Engineer for approval prior to commencement of work.
This plan shall detail all barricades, ramps, signs, and temporary means of access required by the property
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owners or tenants. Prior to commencing any work which affects access to a property, the Access Maintenance
Plan for that property must be submitted and approved by the Engineer.
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TRAFFIC CONTROL PLAN – GENERAL
18.The Access Maintenance Plan shall be coordinated with all affected property and business owners and
residents and tenants. The Access Maintenance Plan shall include documentation of this coordination. All
access shall be maintained on surfaces equal to or better than those existing at the time the access is first
disturbed. For short periods of time only as allowed by the Engineer, access may be maintained on an
aggregate base course surface.
19.During non-construction periods (evenings, weekends, holidays, etc.) all work shall be adequately protected
to ensure the safety of vehicular and pedestrian traffic, as detailed in the Contractor’s MHT. Excavations or
holes shall be filled in or fenced when unattended.
20.All personal vehicle and construction equipment parking is prohibited where it conflicts with safety, access,
or the flow of traffic. Landscaped areas and roadway shoulders shall be kept clear of parking and storage of
all personal and construction equipment except where approved by the Engineer.
21.The Contractor shall not place tack coat on any surface to be paved where traffic will be forced to travel upon
fresh bituminous materials.
22.No work that interferes with traffic will be allowed on holidays or any day of a three-day or four-day weekend
that includes a holiday. Holidays on which this restriction applies consist of those holidays recognized by the
Town of Estes Park, which include Labor Day, Thanksgiving Day and the day after Thanksgiving, Christmas
Eve day, (observed the Friday before Christmas Eve) and Christmas Day (Observed the Monday after
Christmas Day), New Year’s Day, Memorial Day, and Independence Day. Additional non-working days may
be specified by the Town. Exceptions to this requirement may be part of the lane closure variance.
23.All lane closures shall be subject to the approval of CDOT Region 4 and the Engineer. Request for each
closure shall be made at least 24 hours in advance of the time the lane closure is to be implemented. Lane
closures will not be allowed to remain unless being utilized in continuum for the intended purpose for which
they were set up.
24.During non-working hours, the roadways shall be restored to a safe travel condition for the free flow of
traffic. Any maintenance required to restore the roadways to this condition, including the pavement patching
and grading, shall be done prior to opening the areas to traffic or completing work for the day.
25.The Contractor shall clean the roadway of all construction debris and any trash before opening it to traffic.
26.All flagging stations used at night shall be illuminated with floodlights. Street, highway lights and “high mast
lighting” may be used for flagging station illumination when approved by the Engineer. Floodlights shall be
located and directed so as not to interfere with the sight of any motorists.
27.Prior to removal and resetting of any sign the Contractor and Project Engineer shall prepare an inventory.
Any signs damaged due to the Contractor’s operations shall be replaced in kind or repaired by the Contractor
at no additional cost to the project.
Unless otherwise noted, all costs incidental to the foregoing requirements shall be included in the original
contract prices for the project, including any additional traffic control items required for haul routes into
the project. Temporary fence required for protection of the work will not be paid for separately but shall
be included in the work.
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PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 43
UTILITIES
Known utilities within the limits of this project are:
UTILITY CONTACT/EMAIL PHONE
Town of Estes Park Utilities Steve Rusch / srusch@estes.org (970) 577-3625
Town of Estes Park Water
Division Chris Eshelman / ceshelman@estes.org (970) 577-3630
Town of Estes Park Power
& Communication Division Joe Lockhart / jlockhart@estes.org (970) 577-3613
Trailblazer Broadband Joe Lockhart / jlockhart@estes.org (970) 577-3613
Century Link/Lumen Daniel Trupp / Daniel.trupp@lumen.com (970) 689-6856
Upper Thompson
Sanitation District Matt Allen/Matt@utsd.org (970) 219-8210
XCEL Energy Jody Hutchinson / jody.l.ellis@xcelenergy.com (970) 225-7834
TDS Telecom Randall Lopez / randall.lopez.com (435) 705-6006
The work described in these plans and specifications requires coordination between the Contractor and the utility
companies in accordance with subsection 105.11 in conducting their respective operations as necessary to
complete the utility work with minimum delay to the project.
PART 1 - CONTRACTOR SHALL PERFORM THE WORK LISTED BELOW:
Coordinate project construction with the performance by the utility owner of each utility work element listed in Part
2 below. Perform preparatory work specified in Part 2 for each utility work element. Provide an accurate
construction schedule that includes all utility work elements to the owner of each impacted utility. Provide each
utility owner with periodic updates to the schedule. Conduct necessary utility coordination meetings, and provide
other necessary accommodations as directed by the Engineer. Notify each utility owner in writing, with a copy to
the Engineer, prior to the time each utility work element is to be performed by the utility owner. Provide the notice
the number of days specified in Part 2 immediately prior to the time the utility work must be begun to meet the project
schedule.
Provide traffic control, as directed by the Engineer, for any utility work by the utility owner expected to be
coordinated with construction. However, traffic control for utility work outside of typical project work hours shall
be the responsibility of the utility owner.
Perform each utility work element for every utility owner listed here in Part 1. Notify each utility owner in
advance of any work being done by the Contractor to its facility, so that the utility owner can coordinate its
inspections for final acceptance of the work with the Engineer.
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PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 44
-2-
UTILITIES
Project Limits – All Utility Owners
Prior to excavating, the Contractor shall positively locate all potential conflicts with existing underground utilities
and proposed construction, as determined by the Contractor according to proposed methods and schedule of
construction. The Contractor shall modify construction plans to avoid existing underground facilities as needed,
and as approved by the Engineer. Please note that UNCC marks only its members’ facilities – Other facilities,
such as ditches and drainage pipes may exist, and it is the Contractor’s responsibility to investigate, locate and
avoid such facilities.
Xcel Energy - Gas
The Contractor will provide Xcel Energy written notice 10 days immediately prior to each utility work element
expected to be coordinated with construction.
Estes Park Power & Communication Division – Electric:
Observe working clearances at all overhead lines.
Lumen/CenturyLink – Telecommunications
Verify location and depth of existing fiber optic facilities and observe working clearances during construction.
Special attention shall be paid when working in the vicinity of STA 21+80 to STA 22+60 and STA 33+00 where
work is close to telecom lines. Contractor to coordinate potential field modifications to utility lines in these
locations with Lumen/CenturyLink.
Trailblazer Broadband – Telecommunications
Verify location and depth of existing fiber optic facilities and observe working clearances during construction.
TDS Telecom – Telecommunications
Verify location and depth of existing fiber optic facilities and observe working clearances during construction.
Upper Thompson Sanitation District
Adjust existing manhole at STA 19+40, 19+80, and 21+30 to be flush with the finish trail surface.
Coordinate all required inspections with UTSD.
Contractor shall provide the utility owner written notice 5 days immediately prior to each required inspection
Town of Estes Park Water Division - Water
Adjust valve box at ~36+30.
Coordinate all required inspections with Town of Estes Park Water Division.
Contractor shall provide the utility owner written notice 5 days immediately prior to each required inspection
PART 2 - UTILITY OWNERS SHALL PERFORM THE WORK LISTED BELOW:
The Contractor shall provide traffic control for any utility work expected to be coordinated with construction, as
directed by the Engineer. However, traffic control for utility work outside of typical project work hours shall be
the responsibility of the utility owner. The utility owner shall prepare and submit to a Method of Handling
Traffic for utility work to be performed outside typical project work hours. The utility owner shall obtain approval
of the Method of Handling traffic from the Engineer prior to beginning the utility work to be performed outside
typical project work hours.
The work listed below will be performed by the utility owners or their agents:
Xcel Energy:
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PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF)
SP - 45
Xcel Energy will relocate existing gas lines between STA 13+00 and 18+00 prior to construction. Xcel Energy
shall relocate their lines such that the lines have adequate clearances from the proposed excavation of the proposed
retaining walls. This work must be completed prior to the start of this project. Additional coordination will be
required when a construction schedule is known.
Lumen/CenturyLink:
Lumen/CenturyLink will relocate if field modifications are determined to be needed by the contractor the existing
telecom line located between STA 32+40 and STA 33+05. This line will be located outside of the proposed
stormline footprint or deep enough below the stormline to no longer be in conflict.
Upper Thompson Sanitation District - Sanitary Sewer:
Inspect utility work performed by the Contractor listed above.
Town of Estes Park Water Division - Water
Inspect utility work performed by the Contractor listed above.
GENERAL
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at
least two (2) business days, not including the day of notification, prior to commencing such operations. The
Contractor shall contact the Utility Notification Center of Colorado (UNCC) at (8-1-1) or 1-800-922-1987 to have
locations of UNCC registered lines marked by member companies. All other underground facilities shall be
located by contacting the respective company. Utility service laterals shall also be located prior to beginning
excavating or grading.
The location of utility facilities as shown on the plan and profile sheets, and herein described, were obtained from
the best available information.
All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work.
Page 186
Public Works
Engineering Streets
Facilities Fleet
Parks Parking & Transit
970-577-3587
publicworks@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
PUBLIC WORKS Memo
To: Jonathan Woodworth, CDOT Region 4 Traffic Operations Engineer
From: Ryan Barr, Town of Estes Park Project Manager
Date: April 12, 2022
RE: Lane Closure Variance Request – Fall River Trail project
Hello:
The Town of Estes Park is seeking approval of a variance request to continuously close one lane
of Fall River Rd (034A) during construction of a roadside retaining wall associated with the
upcoming Fall River Trail project (23637-23950). This project involves CDOT-administered
funding from the Transportation Alternative Program (TAP) and Multimodal Options Fund
(MMOF). Per the Region 4 Lane Closure Strategy, myself and the design engineers are
providing the following information:
1) The location and limits of the state highway lane closure.
We are proposing to close one lane of State Highway 34 (034A) from MP 60.1 to 60.2. We
are proposing to close the EB lane of the highway and manage traffic with a temporary
signal for a duration of approximately three months.
2) A reiteration of the restricted hours in the Lane Closure Strategy.
The following are the allowed single-lane closure hours for this segment of highway:
i. Spring/Summer (MP59.19 Fish Hatchery Rd to MP60.97 Begin US34 Business Estes
Park): Allowed from 9 PM – 5 AM
ii. Fall/Winter (MP59.19 Fish Hatchery Rd to MP60.97 Begin US34 Business Estes
Park): Allowed Anytime
3) A presentation of the requested change to the restricted hours, specifying the new hours by
the season, day-of-week, and starting and ending time.
Final dates and times would be determined upon selection of a contractor and final work
schedule; however, the closure would take place continuously for a duration of up to three
months. This is anticipated to include a single-lane closure of the EB lane during the
daytime (5 AM – 9 PM) in the Spring/Summer timeframe, which needs a variance.
Page 187
Public Works
Engineering Streets
Facilities Fleet
Parks Parking & Transit
970-577-3587
publicworks@estes.org
170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG
PUBLIC WORKS Memo
4) A concise statement as to the reason why a variance is being requested.
A variance is being requested for the construction of an extension to the Fall River Trail.
This extension requires the construction of a new retaining wall and barrier along Highway
34 from approximately MP 60.1 to 60.2. Construction of this wall is not possible without a
continuous lane closure.
5) A technical basis supporting the new allowed hours. Technical information may include:
a. Recent traffic counts that show a different daily volume or hourly traffic pattern from
the data used for the Lane Closure Strategy.
i. The construction work has been scheduled to coincide with the Rocky Mountain
National Park (RMNP) Fall River Entrance station rehab project, which is
anticipated to restrict vehicles to one-lane-in and one-lane-out from July 2022 –
May 2023. The design team anticipates a dramatic reduction in traffic volumes on
this segment of 034A given that RMNP will use detour signage and public
messaging to encourage visitors to utilize the Beaver Meadows Entrance on
Highway 36.
b. Presentation of a traffic control strategy that would make use of alternate traffic routing
or traffic control measures which would soften the impact of the lane closure during the
new allowed hours.
i. Due to the RMNP Fall River Entrance station project, traffic will already be
detoured away from Highway 34 to Highway 36 and the Beaver Meadows
Entrance station. The Town can also use our three Dynamic Message Sign (DMS)
boards to encourage use of Highway 36 instead of Highway 34.
c. Cost efficiencies that would result from implementing the new lane closure hours.
i. The construction of the retaining wall is not feasible without a continuous single-
lane closure. Allowing this in the Spring/Summer timeframe will prevent the
project from needing to be constructed in the Fall/Winter timeframe, which
introduces weather limitations and a reduced construction window, both of which
will increase project costs.
Thank you for the consideration,
Ryan Barr
Public Works Project Manager
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Page 190
PUBLIC COMMENT RECEIVED ON 11/20/2022
Board of Trustees Public Comment
Name: Ryan Bross
Stance on Item: Neutral
Agenda Item Title: General Public Comment.
Public Comment:
I have another meeting on Tuesday evening so won't be able to attend in person. In the spirit of the
season, I want to extend my sincere thanks to the Town staff, the Mayor, and each of the Trustees for all of
your time and effort this year. It often appears to be an unenviable position, with few issues having
unanimous public support. I'm grateful for your service. Thank you, and my best to you and yours for the
Holidays.
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