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HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2015-10-08Public Safety, Utilities & Public Works Committee Thursday, October 8, 2015 8:00 a.m. Town Board Room *Revised October 2, 2015 AGENDA 1. PUBLIC COMMENT 2. PUBLIC SAFETY a) RECOMMENDATIONS TO THE TOWN BOARD i. None. b) REPORTS i. Verbal Updates and Committee Questions. 3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD i. Light & Power Shop Remodel Contract Award. b) REPORTS i. Verbal Updates and Committee Questions. Supt. Lockhart 4. PUBLIC WORKS a) RECOMMENDATIONS TO THE TOWN BOARD i. Scott Ponds Natural Area Dams Modification Contract Award. Mgr. Ash ii. Spray Patcher Aggregate Tent Materials and Installation Mgr. Landkamer Contract Award. iii. Culvert Jet Trailer Replacement. Mgr. McEachern * iv. 2015 Street Overlay Contract Award. Mgr. McEachern * v. 2015 Pavement Condition Assessment Contract Award. Eng. Stallworth b) REPORTS i. Verbal Updates and Committee Questions. 5. ADJOURN TOWN OF ESTES PARK Memo To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Joe Lockhart, Light & Power Superintendent Date: October 8, 2015 RE: Light & Power Shop Remodel Contract Award Objective: To obtain approval to enter into the construction contract with B&E Builders, Inc., for the remodel of the Light & Power shop. Present Situation: Light & Power has outgrown a portion of the administrative area in the Light & Power shop at 615 Elm Road. Approval was obtain from the PUP Committee and the Town Board in August to accept the bid from B&E Builders, Inc., to do the work. Proposal: Staff proposes that the Town executes the construction contract with B&E Builders, Inc., for the cost of $159,524.55. A copies of the proposed Contract and the General Conditions are attached to this memo. Advantages: • This remodel will give the line crew staff a place to sit and fill out paperwork and perform computer work. • It will also create a larger room to allow for lockers for storage of cold weather clothing and tools. Disadvantages: None. Action Recommended: Staff recommends approval to execute the contract with B&E Builders, Inc., for the remodel. Budget: 502-7001-580.32-22, Building Remodeling, $226,615.00. Level of Public Interest Low. Recommended Motion: I recommend approval of the execution of the Contract with B&E Builders, Inc., to the Town Board, to be included on the Consent Agenda at the October 27, 2015, Town Board meeting. 4 fP TOWN of ESTES PARK TOWN OF ESTES PARK CONTRACT AGREEMENT THIS AGREEMENT is effective as of the 30th day of September, 2015 by and between the Town of Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County, Colorado, 8051.7, (hereinafter called OWNER) and B&E Builders, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Dekker Buildinj' Remodel 615 Elm Road Estes Park, CO 80517 The work comprises approximately 1,440 SF of remodel area and a 480 SF mezzanine addition. The work includes a new tool storage room, locker room, and extension of the work room on the main level plus the mezzanine addition. The work is defined by the Contract Documents by Thorp Associates Plans dated August 5, 2015 including the following sheets (this set is inclusive of Addendum #1 dated 06/09/2015 that was attached to the bid set dated 05/15/2015): Architectural A00 — Title Sheet A10 —Main & Upper Level Existing / Conditions & Demolition Plans All —Main & Upper Level Floor Plans Al2 —Main Level Reflected Ceiling Pan & Floor Framing Plan A20 —Room Finish & Door Schedules, Door Elevations, & Details A40 —Sections & Details A60 —Interior Elevations Electrical EO —Electrical Legend, General Notes El —Main & Upper Level Existing Lighting Plans E2 —Main & Upper Level Existing Electrical Plans E3 —Main & Upper Level Lighting Plans E4 —Main & Upper Level Electrical Plans E5 —Schedules & One -Line Diagrams Construction Agreement 6 Pages 1 Article 2. PROJECT MANAGER The Project Manager shall be determined by the TOEP Utilities Department, and who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES The Work must be completed by February 21, 2016 and ready for final payment in accordance with the General Conditions subject to applicable laws regarding final payment. Article 4. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents a Contact Sum amount of One Hundred Fifty Nine Thousand, Five Hundred Twenty Four dollars and 55/100 ($159,524.55). Any changes, whether additions or deductions, shall be in writing and agreed upon by Change Order and determined by the Project Manager. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by the PROJECT MANAGER as provided in the General Conditions. 5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town's Annual Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the General Conditions during construction as provided in paragraphs 5.1.1 and 5.2 below. CONTRACTOR to submit a Schedule of Values prior to starting construction, to be approved by the PROJECT MANAGER. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. a. Ninety-five percent (95%) of Work completed (with the balance being retainage). b. Ninety-five percent (95%) with the balance being retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the General Conditions). Construction Agreement 6 Pages 2 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER will publically advertise the Project Completion as provided in Section 38-26-106 C.R.S. Should no verified statement of claim be filed with the Owner, the Owner shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in the General Conditions. Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 6.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 6.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and design intent of the Work. 6.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 6.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely completion of this project as illustrated by the plans, drawings, and specifications. 6.6 CONTRACTOR understands that he may make on -site layout and construction modifications to achieve the desired intent. Such modifications and layout cost are already included in the Contract Documents. 6.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement, based on: maximum lump sum amount: totaling $ 159,524.55 that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing. 6.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 6.9 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers Construction Agreement 6 Pages 3 necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 9 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 6.10 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions. 6.11 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 6.12 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consisting of the following: 7.1 This Agreement 7.2Exhibits to this Agreement. 7.3 Notice of Award 7.4 Notice to Proceed. 7.5 Information for Bidders. 7.6 General Conditions. 7.7 Drawings bearing the title: Dekker Building Remodel 7.8 Addenda (s). 7.9 Contractor's Bid. (Bid Proposal, Bid sheet & Appendix) 7.10 Performance & Payment Bond 7.11 Plans 7.12 Technical Specifications and Details 7.13 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.14 Change Orders (post approval signatures) 7.15 Insurance Certificate, Business License, Tax Certification. 7.16 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: Construction Agreement 6 Pages 4 All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. The documents composing the Contract Documents are attached to this Agreement and made part hereof (except as expressly noted otherwise above). Contractors are required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances. There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 9 General Conditions Article 8. MISCELLANEOUS 8.1 Reference to the General Conditions shall include modification thereto by any Supplementary Conditions issued. 8.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 8.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. Construction Agreement 6 Pages 5 8.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 8.6 The OWNER has appropriated sufficient funds to pay the contract price. 8.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: By: William C. Pinkharn Title: Title: (If CONTRACTOR is a corporation attach evidence of authority to sign.) Attest: Attest: Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3583 Construction Agreement 6 Pages 6 TOWN OF ES 'ES PARK Town of Estes Park Public Works Department GENERAL CONDITIONS DEFINITIONS The following terms as used in the Contract Documents are defined as follows: 1. CONTRACT DOCUMENTS: The Contract Documents include but are not limited to the Information For Bidders, General Conditions, Technical Specifications and Details, Drawings, Addendum, Bid Proposal, Notice of Award, Contract Agreement, Payment and Performance Bond, Notice to Proceed and Change Orders, all of which contain the provisions required for the construction of the Project. 2. CONTRACTOR: The entity with whom the Owner has entered into the Contract, acting directly or through lawful agents or employees, primarily liable for the performance of the Work. OWNER: The Town of Estes Park. P.O. Box 1200 Estes Park, CO 80517 Phone: (970) 577-3613 / Fax: (970) 586-6909, jlockhart@estes.org ARCHITECT: Thorp Associates P.C., Architects and Planners PROJECT: Dekker Building Remodel 3. WORK: The furnishing of all labor, materials, equipment and other incidentals necessary and convenient to the successful completion of the Project. Work also includes the execution of all duties and obligations imposed by the Contract Documents and the entire completed construction of the various separate and identifiable parts thereof, required to be furnished under the Contract Documents. CONTRACTOR 4. The Contractor shall keep himself informed of, and shall comply with all applicable laws, ordinances, rules, regulations and orders of any private or public body, including all federal, state and local entities, having jurisdiction affecting the Work. 5. The Contractor shall protect and indemnify the Owner and its agents against any claim or liability arising from or based on the violations of such ordinances, regulations, or laws, caused by the actions of the Contractor, his agents, employees and subcontractors. GENERAL CONDITIONS Section 3 2009 Street Improvement Project 1 6. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, transportation and other services necessary for the proper execution of the Work. 7. The Contractor warrants to the Owner that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents and to the satisfaction of the Owner. 8. The Contractor shall be required to remove all debris and excess material generated by the Work. The final cleanup shall be to the satisfaction of the Owner. The Contractor shall be responsible for disposition of all removed debris and excess material to a site furnished by the Contractor. CONTRACTOR'S REPRESENTATIONS 9. In order to induce the Owner to enter into the Contract, Contractor makes the following representations: A. Contractor has familiarized themselves with the nature and the extent of the Contract Documents, the locality, all physical characteristics of the area, including and without limitation, improvements, soil conditions, drainage, topography, and all other features of the terrain, and with the local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work, or apply in any manner whatsoever to the Work. B. Contractor understands they shall not be allowed any extra compensation by reason of any condition, as described above, concerning which they might fully have informed themselves, prior to signing the Contract. C. If applicable, Contractor has given Owner written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Contractor. SUPERVISION 10. The Contractor will supervise and direct the Work. He will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the job a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor, and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. The Contractor shall at all times enforce strict discipline and good order among his employees and shall avoid employing on the Project anyone unskilled in the Work assigned. GENERAL CONDITIONS 2009 Street Improvement Project Section 3 PROTECTION OF PERSONS AND PROPERTY 11. The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. They will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury or loss to all employees on the Work and the public who may be affected thereby, all the Work and all the materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including pedestrian and vehicular traffic, trees, shrubs, lawns, fences, walks, pavements, roadways, structures and utilities, shown nor not shown on the plans which are not designated for removal, relocation or replacement in the course of construction. 12. The Contractor shall provide, erect and maintain all necessary police, watchmen, flag men, signing, traffic devices, barricades and sanitary facilities, as required by the conditions and progress of the Work and all other necessary safeguards for safety and protection, as set forth by the United States Department of Labor, Occupational Safety and Health Administration. He will notify owners and users of adjacent utilities when prosecution of the Work may affect them. He shall keep adjacent highways, streets and private access open to traffic and free of dirt and litter resulting from handling operations. He shall take reasonable precautions to protect private property adjacent to the project from such nuisances as dust, dirt, rock and excessive noise. The Contractor shall remedy all damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, and subcontractor, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them be liable. SUBCONTRACTS 13. The Contractor may utilize the services of subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty subcontractors. 14. The Contractor shall not award Work to subcontractor(s), in excess of fifty percent (50%) of the total Contract Price, without prior written approval of the Owner. 15. The Contractor shall be fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Inconveniences and scheduling delays caused by one subcontractor on another shall be the responsibility of the General Contractor and not reflect additions to the contract time. 16. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. 17. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. GENERAL CONDITIONS Section 3 2009 Street Improvement Project 3 SEPARATE CONTRACTS 18. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other Contractors, utility companies or Owner's forces reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate his Work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Owner any defects in such Work that render it unsuitable for such proper execution and results. PERMITS AND LICENSES 19. All permits, licenses, and easements shall be secured and paid for by the Contractor, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, he shall promptly notify the Owner in writing, and any necessary changes shall be adjusted as provided in the Contract Documents for changes in the Work. Contractor shall acquire a Town License prior to Notice to Proceed. All Subcontractors providing labor for the Work shall acquire a Town Business License before starting work. TAXES 20. This Project is tax exempt. The Contractor and any Subcontractor shall exclude all sales and use taxes administered by the State of Colorado from the bid amount submitted arising out of such purchase, if any, by the Contractor and any Subcontractor of any tangible personal property to be built into the Work by the Owner. (Section 39-26-708 C.R.S.) Building materials for construction work on property owned by tax-exempt organizations: religious, charitable and governmental, may be purchased tax free. However, the purchaser must have an Exemption Certificate. The GC shall obtain this certificate; the contractor must submit an "Application for Exemption Certificate" (DR 0172) to the Department of Revenue for this project. The sales and use tax exemption applies to materials that become part of the structure, highway, road, street or other public works owned and used by the tax-exempt organization. Also, electricity and most fuels consumed in performing real property construction are exempt. The purchase or rental of equipment, supplies, and other materials by the contractor is taxable. CHANGES IN THE WORK 21. The Owner may at any time, as the need arises, order changes within the scope of the Work. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for perfonnance of the Work, an equitable adjustment shall be authorized by Change GENERAL CONDITIONS 2009 Street Improvement Project Section 3 Order. All Change Orders shall be in writing, executed by the parties and contain the amount of the adjustment in the contract price or the time required for performance of the Work. 22. Any such changes shall not (a)invalidate the Contract, (b)relieve or release Contractor from any of its obligations under the Contract Documents or any guaranty or warranty given by it pursuant to the Contract Documents, or (c)affect the validity of the guaranty bonds or relieve or release the surety or sureties on such bonds. 23. All change orders shall be initiated by the Contractor and shall be accompanied by sufficient documentation to enable the Owner and the Architect to determine the scope of the change order with regard to the change in the work, the amount of work required and any necessary change in the completion schedule of the project. Said change orders shall be submitted to Architect or Owner and following his approval and recommendation, submitted to the Owner for the Owner's approval. No change orders shall be effective until such time as it has been approved by the Owner. UNFORESEEN DIFFICULTIES 24. If in the prosecution of the Work, the Contractor encounters unusual soil or water conditions, buried utility lines obstructions, inaccurate surveys or descriptions, or any difficulties not apparent at the time the Contract was made, the Contractor shall notify the Owner in writing of such difficulties and shall initiate a Change Order if required. PARTIAL PAYMENT 25. The Contractor, within seven (7) calendar days following the twenty-fifth day of the month in which work on the Project is perforrned, shall prepare for the Architect's or Owner's approval, a partial payment estimate of the value of the Work in place. 26. The Project Manager shall, within seven (7) calendar days after receipt of each partial payment estimate, either indicate his approval of the estimate by signing and returning a copy to the Contractor or return the estimate unsigned indicating in writing his reason for refusing payment. 27. The Project Manager shall, submit for payment, and process in accordance with the annual Town's Vendor Payment Schedule said request. The Owner shall retain five percent (5%) of the total value of the amount the Contractor has earned to date, until final completion and acceptance of all Work covered by the Contract Documents. Total retainage shall not be less than five percent (5%) of the contract total. 28. All Work covered by partial payment made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the Work upon which payments have been made or the restoration of any damaged Work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Document. GENERAL CONDITIONS Section 3 2009 Street Improvement Project 5 29. The foregoing, notwithstanding any part or whole of any payment, may be withheld by Owner to the extent it deems necessary and reasonable to protect its interests if it discovers evidence of or has reasonable cause regarding the following, as same relates to provisions of the Contract Documents: A. Defective work, materials, or equipment not corrected or replaced. B. Claims filed against Contractor related to the work. C. Reasonable evidence indicating probable filing of such claims against Contractor. D. Failure of Contractor to make payments to subcontractors or for materials, labor, supplies or equipment. E. A reasonable doubt that the Contract may be completed for the then unpaid balance. F. Unsatisfactory progress of the work by Contractor. 30. No monies, payable under this Contract, or any part thereof, shall become due and payable if Owner so elects, until Contractor has provided written evidence or documents that it has fully settled or paid for all materials and equipment used in or upon the work and labor provided in connection therewith. Owner, if it so elects, may pay any or all such bills, wholly or in part, and deduct the amount or amounts so paid from any periodic or final payment. In the event the surety on any bond given by Contractor becomes insolvent, or is placed in the hands of a receiver, or has its right to do business in the state revoked as provided by law, Owner, at its election, shall withhold payment of any estimate filed or approved until Contractor shall give a good and sufficient bond in lieu of the bond so executed by such surety. SEMI-FINAL INSPECTION 31. Upon preparation by the Contractor of the final partial payment estimate, the Contractor shall advise the Owner in writing that the Work is substantially completed under the terms of the Contract Documents and request a semi-final inspection be made in preparation for final acceptance by the Owner. 32. The Owner, upon receipt of written request for semi-final inspection, shall promptly make said inspection for the Work and issue to the Contractor a Written Notice advising him of any deficiencies, corrective measures or cleanup that he must complete prior to preparation of the final payment request. FINAL PAYMENT REQUEST, ACCEPTANCE AND RELEASE 33. Completion of the Work shall be the receipt of a Certificate of Occupancy by the Owner and/or acceptance of the Work by the Owner. Upon Completion of the Work the Contractor within ten (10) calendar days thereafter shall: A. Prepare a final payment request, for Owner's approval, showing the total value of the Work completed in accordance with the Contract Documents and as modified by any Change Orders, less the value of the following: (1) Partial payments previously made by the Owner to the Contractor. GENERAL CONDITIONS 2009 Street Improvement Project Section 3 (2) Retention of any claims, on file with the Owner, against the Contractor. (3) Estimated costs completing any incomplete or unsatisfactory items of the Work. (4) Payments advanced by the Owner, to subcontractors, material and equipment suppliers, or others, which are known by the Contractor to have been made but not previously accounted for. B. Contractor shall submit in duplicate a signed and notarized affidavit to Owner stating that all subcontractors, vendors, persons, or firms who have furnished labor or materials for the Work have been fully paid or satisfactorily secured and that all taxes, if any, have been paid. The affidavit shall also contain a statement consenting to the final payment signed by the surety company which has provided the performance and payment bond for the Work. C. Notwithstanding the foregoing, in the event Owner incurs any costs or legal fees related to the final settlement or payment 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 Owner and retained by Owner for reimbursement of same. D. The Owner shall advise the Contractor by Written Notice that: (1) The Work hasbeen inspected and accepted under the conditions of the Contract Documents. (2) The Work, effective the date of the Notice, is placed under Warranty, at the Contractor's expense for a period of two years. Final payment to the Contractor shall be subject to the provisions of Section 38-26- 107, C.R.S., including allowance of the time necessary to publish the Notice of Final Settlement and retention of funds necessary to insure the payment of all verified claims made under the provisions of said Section. 34. Upon submitting the final payment request, the Contractor by such act, indemnifies and saves the Owner and his agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Section 3 (3) GENERAL CONDITIONS 2009 Street Improvement Project Contract Documents by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for any such payment made in good faith. 35. The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all claims in stated amounts as may be specifically excepted by the Contractor for all things done or furnished in connection with this Work and for every act and neglect of the Owner and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the Contractor or his sureties from the Warranty Period or any other obligations under the Contract Documents or the Performance and Payment Bond. ARCHITECT'S STATUS AND DECISIONS 36. The Architect and the Owner's Project Manager shall act as the Owner's representative during the construction of the Project. He shall decide questions which arise in the execution of the Work. He shall perform technical inspections in the field, in laboratories, at factories, at sources of supply and wherever he feels the necessity to determine the quality and acceptability of material and equipment furnished and work performed. He shall determine the quantity of Work to be paid and approve all partial payments, estimates and the final payment request for submittal to the Owner. 37. The Architect will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. 38. The Architect shall, within a reasonable time after presentation, make decisions by Written Notice on all claims of the Owner or the Contractor on all matters relating to the execution and progress of the Work or the interpretation of the Contract Documents. INTERPRETATIONS OF DRAWING AND SPECIFICATIONS 39. All work shall be executed in strict conformity with the plans and specifications, and the Contractor shall do no work without proper drawings and instruction. 40. Contractor shall keep a copy of the drawings and specifications on the job site and shall at all times give Owner and the Architect access thereto. Anything contained in the specifications and not shown on the drawings, or shown on the drawings and not contained in the specifications, shall be of like effect as if shown or contained in both. A. In case of discrepancy between drawings and specifications, the specifications shall govern. B. Computed dimensions shall govern. Contractor shall not scale drawings. C. Schedules on drawing sheets shall govern over all other portions of the drawings. D. Specific notes shall govern over general notes. E. In interpreting the Contract Documents, words describing materials or work which have a GENERAL CONDITIONS 2009 Sheet Improvement Project Section 3 well known technical or trade meaning, unless otherwise specifically defined in the Contract Documents, shall be construed in accordance with such well known meaning recognized by architects, engineers, and the construction trade. F. If the Contract Documents are not completed as to any minor detail of a required construction system or of a manner of combining or installing of parts, materials, or equipment, but there exists an accepted construction trade standard for good and workmanlike construction, such detail shall be deemed to have been implied and required by the Contract Documents in accordance with such standard. 41. Existing subsurface conditions including, but not limited to, soil boring data and any underground utilities shown on the plans and/or referred to in the specifications are indicative and are for informational purposes only. It shall be the Contractor's obligations to verify and augment such information and data to fully satisfy himself as to the conditions under which the work will be done. The Contractor shall maintain in operating condition all active utilities encountered in this construction. He shall contact all public utilities and all pertinent contractors involved and have their representative locate their pipes, conduits, cables, or other facilities before construction is started. The Owner does not assume responsibility for location or disturbance of utilities or other existing subsurface features or conditions encountered on this project. Where test boring legs indicating underground conditions or surveys of underground utilities are shown on the plans, such logs and surveys shall be considered only as indicative of conditions and the Owner shall not be held responsible for any variance in actual conditions encountered at the time of construction. 42. Plan dimensions shall be taken as correct but shall be checked by the Contractor before starting constructions. Any errors, omissions, or discrepancies in the plans, specifications or physical layout shall be brought to the attention of the Architect, and his decision thereon shall be final. Correction of errors or omissions on the drawings or specifications shall be made by the Architect when such correction is necessary for the proper execution of the work. Any work done after such discovery without written consent of the Architect authorizing same shall be done at the Contractor's risk and expense. OWNERSHIP OF DRAWINGS, SPECIFICATIONS AND DOCUMENTS 43. Except for Contractor's executed set, all of the drawings and the Contract Documents are the property of Owner. Contractor shall be provided ten sets of drawings, specifications and other documents and material required to perform the work. The drawings and specifications are not to be used on other work, and upon request, all sets shall be returned to Owner at the completion or cessation of the work or termination of the Contract. AS -BUILT DRAWINGS 44. A set of drawings shall be maintained at the site with all changes or deviations from the original drawings legibly marked thereon in contrasting color. Such document shall be a separate set of GENERAL CONDITIONS Section 3 2009 Street Improvement Project 9 2009 Street Improvement Project drawings, not used for construction purposes, which shall be made available for inspection by Owner at all times. Upon completion of the contract or cancellation of the work on this Contract, this set of drawings of "as-builts" shall be delivered to the Engineer, Architect (Owner) and shall become the permanent property of Owner. After written notification, the Owner reserves the right to hire an independent engineer at the Contractor's expense to provide same if said as -built drawings are not provided in full prior to final payment. It is the contractor's responsibility to coordinate that the provided as -built information is legible and clear so the Architect can accurately transfer such into electronic format for the Owner. At Owners discretion, Engineers/Architects are required to produce CD (DVD) with AutoCAD and .PDF files of all design sheets. INDEMNIFICATION 45. To the fullest extent permitted by law, Contractor agrees to indemnify and hold harmless the Owner, and its officers, employees, and volunteers from and against all claims, liability, and demands, on account of injury, loss, or damage, which arise out of or are connected with services under this Agreement if such injury, loss, or damage, or any portion thereof, is caused by, or claimed to be caused by, the act, omission, or other fault of Contractor, or any officer, employee, or agent of Contractor, or any other person for whom Contractor is responsible. Contractor shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands, and to bear all other costs and expenses related thereto, including court costs and attorneys' fees. Contractor's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused solely by the act, omission, or other fault of the Owner. TERMINATION BY THE CONTRACTOR 46. If the Owner fails to make payment as provided herein for a period of thirty (30) calendar days after payment is due, the Contractor may, after ten (10) days written notice to the Owner of said non-payment and failure of the Owner to pay the amount due within said ten (10) day period, terminate the Contract by written notice to the Owner. Contractor will be entitled, as its sole compensation, the actual, verifiable direct cost of the Work completed plus a mark-up of 15% aggregate for Contractor, subcontractors, and suppliers of all of those costs for indirect costs, impact costs, administration, or profit minus any amounts owed to Owner by Contractor under the Contract Documents. Contractor will not be entitled to any claim against Owner for unearned compensation, loss profits, lost opportunities, or other damages. TERNQNATION AND DELAYS 47. If Contractor is involved in a proceeding in bankruptcy, either voluntary or involuntary; makes a general assignment for the benefit of creditors; has a receiver appointed on account of its insolvency; persistently or repeatedly refuses or fails, in matters for which extension of time in writing is provided, to supply enough properly skilled workers or property materials; fails to GENERAL CONDITIONS Section 3 10 adhere to all applicable laws, rules, regulations, ordinances, or directions of Owner, ceases operations under the Contract at any time for a period of three (3) working days without excusable delay; refuses or fails to prosecute the work with such due diligence as will ensure its completion within the time specified herein, or as modified; or otherwise breaches any provision of the Contract Documents, then Owner may, without prejudice to any other right or remedy, and after giving Contractor and its surety seven (7) days written notice, terminate the employment of Contractor. Upon such termination, Owner may take over the work and prosecute the same to completion, and Contractor shall be liable to Owner for any reasonable cost incurred for completion of the work. If Contractor's right to proceed is so terminated, Owner may take possession of and utilize such materials, tools, equipment, and facilities on the site of the work necessary for completion of the Project. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price exceeds the expense of finishing the work, including compensation for additional material and administrative services including any attorneys' fees incurred by Owner, such excess shall be paid to Contractor. If such expense exceeds the unpaid balance, Contractor shall be liable for and pay the difference to Owner. 48. Upon termination, as provided herein, all expenses incident to ascertaining and collecting losses from Contractor or its surety, including reasonable attorney fees, expert fees, and costs, shall be paid to Owner by Contractor or its surety. CONTRACT SECURITY 49. The Contractor shall, within seven (7) calendar days after the receipt of the Notice of Award, furnish the Owner with a Performance and Payment Bond in the amount of 50% of the total Contract Price conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents and upon the prompt payment by the Contractor to all persons by the Contract Documents. Such Bond shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the State of Colorado and approved by the Owner. The expense of the Bond shall be borne by the Contractor and reimbursed by the Owner. If at any time a surety on any such Bond is declared a bankruptcy, or loses its right to do business in the State of Colorado, or is disproved by the Owner, the Contractor shall, within ten (10) calendar days after notice from the Owner to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such Bond shall be paid by the Contractor. No further partial payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable Bond to the Owner. VERBAL AGREEMENTS 50. No verbal agreements or conversations with any agent or employee of Owner either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the Contract Documents. GENERAL CONDITIONS Section 3 2009 Street Improvement Project 11 NOTICES 51. All notices, field orders, change orders, demands, requests, instructions, approvals, proposals and claims must be in writing. 52. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Contract (or at such other office as the Contractor may from time to time designate in writing to the Owner), or if deposited in the United States mail in a sealed, postage prepaid envelope or transmitted by facsimile. 53. All papers required to be delivered to the Owner shall, unless otherwise specified in writing to the Contractor, be delivered to Joe Lockhart, Line Superintendent, 170 MacGregor Avenue, P.O. Box 1200, Estes Park, CO 80517. Any notice to or demand upon the Owner shall be sufficiently given if so delivered, or if deposited in the United States mail in a sealed, postage prepaid envelope or fax delivered with charges prepaid to Owner at such address, or to such other address as the Owner may subsequently specify in writing to the Contractor for such purpose. Any such notice will be deemed to have been given as of the time of actual delivery. CONTRACTOR'S WORKING CONDITIONS 54. SUPERINTENDENCE: The Contractor shall give his personal superintendence to the work or have at the site of the work at all times a competent foreman, superintendent, or other representative satisfactory to the Owner and having authority to act for the Contractor. All directions given to him shall be as binding as if delivered to the Contractor. Such directions shall be confirmed upon written request to the written request to the Owner by the Contractor or his superintendent. Insofar as it is practicable, and except in the event of discharge by the Contractor or in the event of proven incompetence, the individual who has been accepted to represent the Contractor shall so act, and shall follow without delay, instructions of the Owner in the prosecution of the work in conformity with the Contract. 55. LABOR: The Contractor shall employ competent and skilled work persons and foremen in the conduct of the Work. The Contractor shall at all times enforce strict discipline and good order among its employees. The Owner shall have the authority to order the removal from the work of any Contractor's employee who refuses or neglects to observe any of the provisions of these contract documents or who is incompetent, unfaithful, abusive, threatening, or disorderly in his conduct, and any such person shall not again be employed on this project without permission of the Owner. 56. USE OF THE JOB SITE AND PRIVATE LAND: The Contractor shall confine his equipment, apparatus, the storage of materials and operations of their workpeople to the limits of the Right of Way, or as indicated by law, ordinances, permits or directions of the Owner and shall not encumber the premises with his materials. GENERAL CONDITIONS 2009 Street Improvement Project Section 3 12 The Contractor shall not use any vacant lot or private land as a plant site, parking area, depository for materials, or as a spoil site without the written authorization of the property owner (or his agent), a copy of which authorization shall be filed with the Owner. 57. PROTECTION OF THE PUBLIC, WORKS, AND PROPERTY: The Contractor shall provide and maintain all necessary watchmen, barricades, red lights, and warning signs and take all necessary precautions for the protection of the public. He shall continuously maintain adequate protection of all work from damage, and shall take all reasonable precautions to protect Owner's property from injury or loss arising in connection with the Work. Contractor shall correct any damage, injury or loss to its work and to the property of the Owner, except such as may be due to errors in the Contract Documents, or caused by agents or employees of the Owner. 58. The Contractor shall shore up, brace, underpin, secure and protect as may be necessary, all foundations and other parts of existing structures adjacent to, adjoining, and in the vicinity of the site, which may be in any way affected by the excavations or other operations connected with the construction of the improvements embraced in this Contract. The Contractor shall be responsible for the giving of any and all required notices to any adjoining or related contractors or other party before the commencement of work. 59. ACCIDENT PREVENTION: The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of Contractor's prosecution of the work. The safety provisions of applicable laws and building and construction codes shall be observed, and the Contractor shall take or cause to be taken such additional safety and health measures as the Owner may determine to be reasonably necessary. 60. REMOVAL OF DEBRIS, CLEANING: The Contractor shall, periodically or as directed during the progress of the work, remove and legally dispose of all surplus excavated material and debris to a site of his choice and at his expense, and keep the project area and public rights -of -way reasonably clear. Upon completion of the work, he shall remove all temporary construction facilities, debris and unused materials provided for the work, and put both the site of the work and the public rights of way in a neat and clean condition. Trash burning on the site of the work will be prohibited. COMPLETION TIME AND LIQUIDATED DAMAGES 61. The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. 62. The contractor will proceed with the Work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climate and economic conditions and other factors GENERAL CONDITIONS Section 3 2009 Street Improvement Project 13 2009 Street Improvement Project prevailing in the locality of the Work. TIME OF COMMENCEMENT AND COMPLETION 63. Prompt completion of the work is essential to the Owner. Time is of the essence in all respects regarding the Work. Contractor shall carry out construction of the project with all due diligence. Completion of the Work shall be achieved not later than 105 calendar days from the date of the Notice to Proceed. 64. INSURANCE A. The Contractor agrees to procure and maintain, at its own cost, the following policy or policies of insurance. The Contractor shall not be relieved of any liability, claims, demands, or other obligations by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. B. The Contractor shall procure and maintain the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Owner. All coverages shall be continuously maintained from the date of commencement of services under the Contract Documents. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (1) Workers' Compensation insurance to cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for each employee engaged in the performance of Work under this Agreement, and Employers' Liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000) each accident, Five Hundred Thousand Dollars ($500,000) disease — policy limit, and Five Hundred Thousand Dollars ($500,000) disease — each employee. (2) Commercial General Liability Insurance with minimum combined single limits of One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including complete operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (3) Commercial Automobile Liability insurance with a minimum combined single limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000) each occurrence with respect to each of Contractor's owned, hired and/or non -owned GENERAL CONDITIONS Section 3 14 vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. The policy shall include coverage for uninsured/underinsured motorists. C. The policies required above, except for the Workers' Compensation insurance and Employers' Liability insurance, shall include or be endorsed to include the Owner, its officers and employees, as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the Owner, its officers, or its employees, shall be excess and not contributory insurance to that provided by Contractor. The additional insured coverage for the insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above. D. Certificates of insurance shall be completed by Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Owner. Each certificate shall identify the Contract Documents and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Owner. The Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto. E. Failure on the part of Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Owner may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Owner shall be repaid by Contractor to the Owner upon demand, or the Owner may offset the cost of the premiums against any monies due to Contractor from the Owner. GENERAL CONDITIONS Section 3 2009 Street Improvement Project 15 A EP Memo To: Public Safety, Utilities & Public Works Committee Town Administrator Lancaster From: Kevin Ash, PE, Public Works Engineering Manager Greg Muhonen, PE, Public Works Director Date: October 8, 2015 RE: Scott Ponds Natural Area Dams Modification: Construction Contract Award Present Situation: As a result of the 2013 Flood, the east pond of the Scott Ponds drainage system was breached and damage to the west dam occurred. As a result of the damage, the State Dam Inspection Office visited the site multiple times and gave the Town a written mandate to perform maintenance on the west dam and to have a state compliant dam design in place by November 2015. To meet this mandate, The Town funded a design consultant who submitted a hazard classification study and a jurisdictional dam compliant set of plans and specifications to the State. The Town has applied for CDBG- DR funds to complete this work and is currently underway with a state Environmental Assessment of the property that is scheduled to complete mid -October. The Town and the Department of Local Affairs anticipates award of a grant at that time and has a "draft" grant agreement between the agencies to fund construction and construction management services for the required dam modification measures. In an effort to support our tight construction window, Public Works staff have begun draining the water in the ponds to aid in a dryer construction site to allow the General Contractor to commence site work sooner. Proposal: On September 3, 2015, Public Works advertised a Request for Bid that would construct a jurisdictional dam for the Upper Carriage Hills Pond and construct a non -jurisdictional dam for the Lower Carriage Hills Pond. Four companies attended the mandatory pre -bid on September 9th. Of those four, two submitted a bid for construction. After three weeks of advertising, the bids were opened on September 25th. The following table contains the bids for each company: COMPANY CITY UPPER DAM LOWER DAM TOTAL FEE Kelley Trucking Golden $779,574 $360,009 $1,139,583 Dietzler Construction Berthoud $773,910 $410,305 $1,183,335 The bids were within 4% of each other — so there is confidence that the plans and specifications were clear and that these bids reflect the construction industry cost for this work. Both construction companies have good experience and references. Kelley Trucking submitted the lowest bid for the complete project. They submitted references from 2 recent dam construction projects that were successfully completed in the last 3 years and both bid at just under $1,000,000. Town Staff and its consultant have coordinated the bid evaluation with the State Engineer's Office and are recommending Kelley Trucking as the Scott Ponds Natural Area Dam construction company. There is concern that these bids are above the grant funding allocated to complete both dam repairs. The current grant funding allocates $1,000,000 of CDBG-DR money that is divided between the Scott Ponds Natural Area Dam Rehabilitation project ($850,000) and the Hydro plant Bank Stabilization project ($150,000). Out of the $850,000, staff is reserving $70,000 for construction management services that were included with the original design consultant bids, but not contracted. Once funding has been allocated, staff intends to follow grant guidelines and utilize the CDBG-DR grant funding source to procure construction management services. That leaves $780,000 to be contracted for construction services. Since the bids exceeded funding by $360,000, Staff is currently negotiating the scope of the project with Kelley Trucking and the State Engineer's Office. Plans and specs have been submitted to the State and they are currently under review. There has been good coordination and sharing of ideas to redesign areas of the project to reduce cost and still have a plan that will meet the State jurisdictional requirements for the Upper Dam. The lower dam would be regraded to effectively route stormwater runoff through the site. The Town has coordinated the bid opening results with the grant funding agency and are waiting to get confirmation from them that a modification of scope will not jeopardize the funding. Although a final plan and scope is not currently available to include in the PUP meeting memo, Staff is proceeding with the assumption that a construction cost of $780,000 and a construction management cost of $70,000 will be adequate to install a jurisdictional dam on Carriage Hills Upper Pond and regrade the lower dam to safely convey storm runoff. And we are proceeding with the assumption that this scope modification will be supported by the grant funding agency. Action Recommended by Staff: To advance the Scott Ponds Natural Area Dam Modification Project and meet funding requirement goals of a final construction project completion date of March 31, 2016, Staff recommends awarding a construction contract to Kelley Trucking in the amount of $780,000. Budget: This project will be funded from a CDBG-DR grant. Currently there is $850,000 allocated to this project. This construction contract with Kelley Trucking will encumber $780,000 within that amount. The remaining $70,000 will be directed to a construction management services contract. Level of Public Interest Public Interest on this project is expected to be moderate. This project directly impacts property owners surrounding the Scott Ponds Natural Area and has impacts to downstream property owners, infrastructure along Fish Creek and the community trail system. Sample Motion: I move to recommend/not recommend to the Town Board authorizing a construction contract for the Scott Ponds Natural Area Dam Modification: Carriage Hills Dam #1 rehabilitation and Carriage Hills Dam #2 rehabilitation, to Kelley Trucking, for a project cost not to exceed $780,000. Memo 000 0 00 TOWN OF EST. -1S1 P 1111111111111111111111111111111111111111111111111111111111.1110111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 1111111 WOWKSt0_01 loom 0 — To: Public Safety, Utilities & Public Works Committee Town Administrator Lancaster From: Jon Landkamer, Public Works Facilities Manager Greg Muhonen, Director of Public Works Date: October 8, 2015 RE: Aggregate Storage Building 2015 Objective: Provide covered storage area for pothole patching operation aggregate so Public Works, Streets Department, can operate year-round, weather permitting. Present Situation: The pothole spray-patcher was acquired this year and has been hard at work fixing potholes on Town of Estes Park streets. To continue the operation into the colder months, Public Works staff needs to protect the aggregate from snow, cold and soil contamination. To do this effectively we need to create an indoor space for the storage of this specialized aggregate. We are currently storing this aggregate in the existing sand/salt storage building, but will need to make space very soon for sand/salt in anticipation of our upcoming snow season. We are modeling this new facility off of the existing storage facility already in place next to the old Light & Power shop. Proposal: Public Works advertised this project in the local paper and on our website. We received interest from four fabric building manufacturers and one front range construction firm, but only received two bids. The followingtable contains information on the bids received from each bidder: _ Company City Manufacturer Total Fee Cover Solutions Grand Junction Natural Light Fabric Structures $63,610 Accu-Steel Iowa Accu-Steel $47,596 Action Recommended by Staff: Public Works is recommending that Accu-Steel be awarded the contract for installing the Aggregate Storage Building. Budget: The preliminary project budget for this building was set at $75,000, using funds from the 1A tax initiative. The lowest Bid Proposal from Accu-Steel was for $47,596. Budget for the asphalt is proposed to be done in conjunction with other projects already in process with an estimated cost of: $10,472. Concrete barriers used for the foundation of this building will be purchased and placed by Town staff for approximately: $10,800. Project Bud et Worksheet Item Company Cost Paving Coulson Excavating $12,705 Concrete barrier foundation Colorado Precast $10,800 Misc. parts/lights/solar $ 3,600 Steel and fabric structure Accu-Steel $47,596 Project Total $74,701 Level of Public Interest: Low The installation of the Aggregate Storage Building will allow the Public Works, Streets Department, to continue to address pothole repairs efficiently throughout the year, as temperature and weather allows. Sample Motion I move to recommend/not recommend to the Town Board, authorization of a $74,701 budget for the Public Works Department to proceed with installing the Aggregate Storage Building and Award of Contract to Accu-Steel, to be included on the agenda as an Action Item at the October 13th, 2015 Town Board meeting. Attachments: Existing Sand/salt storage building 111111111.11.11..1,11..11.111111111.1.1.1.1111111111111:11,11,11,11,11;11,111,11111111111111 h111111111111111101 r A7,4 "Al AA TOWN OF ESTES PARK Memo To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Kevin McEachern, Public Works Operations Manager Greg Muhonen PE, Public Works Director Date: October 08, 2015 RE: Culvert Jet Trailer Replacement Objective: To replace the Public Works Street Division's Culvert Jet Trailer. Unit G37 is a 1986 FMC with over 800 hours of service. Unit G37 will be replaced with a 2015 Spartan Hi Flow Ultimate Warrior Jetter. The new Culvert Jet Trailer will be used for cleaning storm water culverts. Present Situation: Pending approval, the Street Division will purchase the new Culvert Jet Trailer with the funds budgeted for this purpose in the 2015 Vehicle Replacement Fund. Quotes were received from three vendors as follows: 1) Williams Equipment, LLC, 9670 Dallas St. Unit J, Henderson, CO 80640 Price with trade, $47,260 2) Faris Machinery, 5770 East 77th Ave. Commerce City, CO 80022 Price with trade, $56,870 3) Neverest Equipment Co. P.O. Box 583, Commerce City, CO 80037 Price no trade, $55,173 Proposal: Public Works proposes to accept the low bid of $47,260 from Williams Equipment, LLC. Advantages: • New Equipment • More efficient operation • Updated safety features • Less maintenance costs Disadvantages: • None Action Recommended: Staff recommends purchase of the 2015 Spartan Hi Flow Ultimate Warrior Jetter to replace the 1986 FMC Jet Trailer Unit G37 for $47,260. Budget: Amount budgeted to replace Unit G37: $60,000 635-7000-435-34-42 / Vehicle Replacement Fund Total cost of replacement: $47,260 This is a savings for the Town of Estes Park Vehicle Replacement Fund of $12,740 Level of Public Interest Low. New culvert cleaning equipment. Recommended Motion: I recommend to the Town Board the purchase of the 2015 Spartan Hi Flow Ultimate Warrior Jetter from Williams Equipment, LLC for the cost of $47,260 to be included on the Consent Agenda at the October 13, 2015 Town Board meeting. TOWN OF ESTES PARK Memo To: PUP Committee Town Administrator Lancaster From: Kevin McEachern, Public Works Operations Manager Greg Muhonen PE, Public Works Director Date: October 08, 2015 RE: 2015 Street Overlay Contract Award Obiective: Repair and resurface two streets and construct an asphalt pad utilizing the Street Improvement Fund in the 2015 budget. Scott Avenue will be patched and overlaid with a section that will be reconstructed. Stanley Avenue will be edge milled and overlaid. The asphalt pad will be constructed for the new Aggregate Storage Building at the Elm Road storage area. Present Situation: Scott Avenue has been heavily damaged by the industrial truck traffic this past summer while used as the detour route during the utility flood repair work on Fish Creek Road. Stanley Avenue is a primary route to the hospital. The street surface is very rough due to a proliferation of cracking, creating a jarring ride for ambulance operators. Public Works needs a clean, durable floor surface for the new aggregate storage tent to accommodate year-round operation of the spray patcher. Proposal: The Public Works Department proposes to utilize the 2015 Street Improvement Fund for the repair and resurfacing of Scott Avenue and Stanley Avenue and the construction of the asphalt pad at the Elm Road storage area. This will be accomplished by awarding the 2015 Street Overlay contract to Coulson Excavating Co., Inc. of Loveland, CO for the amount of $206,448.97. The Public Works Department proposes to make this contract award under the Town's Purchasing Policy Section 600.11.3 which allows the use of another public bid process. In this case, the contractor (Coulson Excavating Co., Inc.) honored the Larimer County 2015 bid procurement prices for their 2015 Resurfacing Program. Advantages: • 2015 major street rehabilitation asphalt project using the 1A Tax Street Improvement Fund. • Repair and Resurface of two low rated PCI streets. • Lower cost of construction by partnering with Larimer County. The unit price of $77 per ton for Hot Mix Asphalt is nearly half the bid price of $137 per ton the Town received last year for the Community Drive repair work. Disadvantages: • Temporary traffic disruption during construction period (estimated to be no more than two weeks). Action Recommended: Public Works staff recommends the 2015 Street Overlay Contract be awarded to Coulson Excavating Co., Inc. Budget: 2015 Street Overlay Contract--$206,448.97 / 260-2000-420-25-20 / Street Improvement Fund Level of Public Interest: High. The community is eager to see the tax initiative 1A funds put to work on street repairs. Recommended Motion: I recommend to the Town Board the 2015 Street Overlay Contract be awarded to Coulson Excavating Co., Inc. for the amount of $206.448.97 to be included on the Consent Agenda at the October 13, 2015 Town Board Meeting. Memo To: PUP Committee Town Administrator Lancaster rr0 N OF ESTES PARIc, l:lililllillll:1:1:1:1:1:1:1:1:1:1:1:11111111,1111 1111' 1,1,1111111111111111111111111111111111111111111111111111111111111111,111 1111 1111 111111 11111111 1111 oonoonnoloonn000loill000nouloin000n000no110010000000000000110010000000000000000000010010000001 11•11111 luolloo Ho 00000000000000000000000000000000000000000000i olool0000nooloon000nolionoov000 1000000000000000Hoommomomono, 11,11111111 From: Kelly Stallworth, Public Works Pavement Manager Greg Muhonen PE, Public Works Director Date: October 08, 2015 RE: 2015 Pavement Condition Assessment Contract Award Objective: Establish a comprehensive database of Town of Estes Park streets and their current condition and use this data to aid in the selection of maintenance and repair solutions in Estes Park's pavement management program. Present Situation: Public works is looking to gather comprehensive and current data on the condition of all streets in the Town of Estes Park system. This data would be used to build a successful Pavement Management Program that meets the expectations of the town and responsibly allocates tax payer dollars to best meet the Town Board's goal of having a minimum system PCI of 70 by 2024. In order to complete the Pavement Condition Assessment in 2015 and avoid data collection issues arising from snow on the roads, contractors have made it known that they would need a Notice to Proceed by mid -October 2015. Proposal: Public Works proposes utilizing funds from the Street Improvement Fund to hire a consultant to collect current roadway distress data to integrate into the Town's Pavement Management Program. Proposals from three pavement management consultants were received and evaluated. Borstad Consulting Services, LLC is a Fort Collins firm with extensive Colorado experience in evaluating local agency roadway networks and training pavement distress inspectors. They are available to start on our network in late October. Advantages: • Provides a firm foundation of current data on which to base future roadway maintenance and repair decisions • Provides a repeatable and standardized process of data collection • Provides expert support in collection and implementation • Provides data necessary to make responsible decisions Disadvantages: • Spending money on an item that will not directly improve streets — However this will allow us to make the best use of all future money spent in the Pavement Management program. Action Recommended: To advance this Pavement Condition Assessment and meet goals of completion this year, Staff recommends that the 2015 Pavement Condition Assessment Contract be awarded to Borstad Consulting Services, LLC. Budget: The $30,000 cost of this project will be funded from the Street Improvement Fund (Account #260). Level of Public Interest We anticipate the public to have high interest. We believe that awarding this contract will give us the best tools to properly administrate funds from the 1A tax initiative. Recommended Motion: Public Works recommends to the Town Board the 2015 Pavement Condition Assessment Contract be awarded to Borstad Consulting Services, LLC for an amount not to exceed $30,000 at the October 13, 2015 Town Board meeting. 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