HomeMy WebLinkAboutConsent Resolution 55-26 Attachment 61
INVITATION TO BID
Events Center Metal Building Design & Installation
Tuesday, March 10, 2026
1125 Rooftop Way
Estes Park, CO 80517
Proposals due by Thursday, April 2, 2026
Attachment 6
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Table of Contents
INVITATION TO BID ................................................................................................................... 3
INSTRUCTIONS FOR BIDDERS ............................................................................................... 10
BIDDER'S QUALIFICATIONS AND DATA ............................................................................. 23
SUBCONTRACTORS AND RELATED DATA ........................................................................ 28
BID PROPOSAL .......................................................................................................................... 29
FEE PROPOSAL .......................................................................................................................... 33
CONSTRUCTION TIMELINE .................................................................................................... 33
CONSTRUCTION CONTRACT ................................................................................................. 34
CONSTRUCTION CONTRACT GENERAL CONDITIONS .................................................... 43
CONSTRUCTION CONTRACT SPECIAL CONDITIONS ...................................................... 92
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INVITATION TO BID
PROJECT : Events Center Metal Building design and installation
SCOPE: Design and install a prefabricated metal building to be used for storage at the
Town of Estes Park Events Center complex. Work in conjunction with other trades
contracted and managed by the Town’s Project Manager
Building Requirements:
• Gable-style prefabricated metal building
• 70 ft wide x 70 ft long
• 24 g Standing seam roof (color TBD)
o Berridge double-lock, Zee-lock panels or similar (with approval)
o Roof pitch 4:12
o Eave height 16ft
o No overhang
• Gutters
• 26 g PBR (Purlin Bearing Rib) siding (color TBD)
• Doors
o Garage Door (qty 2)
Roll-up, no windows
12 ft wide x 14 ft tall
Motorized
Steel back insulated
Locations TBD
o Passage Door (qty 2)
3070 hollow-metal door and frame
Lockable door handle
Locations TBD
• Insulation
o Roof – R19
o Siding – R13
Deliverables
• To be provided by metal building manufacturer:
o Engineered, stamped drawings of metal structure
o Engineered, stamped drawings of concrete foundation
o Manufacture, delivery and installation of metal building
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• To be coordinated by the Town’s Project Manager
o Electrical and Plumbing Engineered, stamped drawings
o All permits related to project
o Demo of existing structure
o Site work and installation of concrete foundation (if not provided by contractor)
o Electrical and plumbing work, fixture installation
General Conditions (Division 01):
• The Contractor will be responsible for the following:
o Mobilization of equipment and personnel
o Provide, Performance, Labor/Materials Bonds, proof of insurance
o Permits obtained by others; coordinate inspections as required, and address any
corrective actions noted
o Construction/Site Management (including safe working conditions)
o Administrative duties
o Warranty of materials and workmanship for one (1) year
o Final site clean
o Timely communications and status updates throughout the duration of the project
o Overhead and Profit
o Provide final ‘As-Built’ plans at conclusion of project
o Utilities locating prior to beginning the project
o All work to be performed in accordance with current local, state, and federal codes
Terms of Contract
The contract term resulting from this Invitation to Bid shall be based on the anticipated lead
time of materials, construction timeline/schedule provided by the contractor (See Section 8 -
Construction Timeline), plus an acceptable number of contingency days to allow for
unexpected situations or delays. The Town of Estes Park (TOEP) will generate the
Construction Contract in accordance with TOEP policy (See Section 9 - Construction
Contract).
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Funding / Permits
This project will be funded as part of the 2026 Capital Improvement Program by TOEP’s. The
total allocated funding for all aspects of construction of this project is $450,000. If a Proposer
believes the scope of work outlined is greater than the budgeted amount, the proposal for the
outlined work (and any additionally requested add/alts) should still be submitted. The Town
will use this information to determine if the scope of work needs to be modified or if additional
funding needs to be allocated.
Any permits required will be the responsibility of the Town to obtain. Any permit-related
inspections, coordination or corrective actions will be the responsibility of the contractor.
Construction Duration
The Town is estimating the construction portion of this project to last 60 calendar days. This
duration is from the first day of actual site work through substantial completion. Submittals,
approvals, requests for information, materials lead times are not included in this project
duration. Proposers are required to submit a Gantt chart (or equivalent) demonstrating the
projected timeline, phasing and sequencing of the work, in addition to completing the
Construction Timeline in this Invitation to Bid. The Projects anticipated start date, end date,
and duration will be based on Construction Timeline submitted by the winning bidder. These
dates will be reflected in the Construction Contract. If a Proposer believes the scope of work
outlined will extend beyond the expected duration, the proposal for the outlined work should
still be submitted. The Town will use this information for planning purposes, to determine if
the scope of work needs to be modified, or if expectations and internal accommodations need
to be adjusted.
The Town of Estes Park, Colorado will receive sealed Bids for Events Center Metal Building
design and installation until Thursday, April 2, 2026.
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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, Derek Pastor, dpastor@estes.org
Hand Delivered or Late bids will not be accepted or considered.
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)
Invitation to Bid (ITB) Available Tuesday, March 10, 2026 Tuesday, March 10, 2026
Pre-Bid Conference (1:00 PM MT) Tuesday, March 17, 2026 Tuesday, March 17, 2026
Deadline for Questions (5:00PM MT) Tuesday, March 24, 2026 Tuesday, March 24, 2026
Final Addenda Issued Thursday, March 26, 2026 Thursday, March 26, 2026
Bid Opening (11:00AM MT) Thursday, April 2, 2026 Thursday, April 2, 2026
Bid Evaluations & Contract Preparation
(Notices of Award/Declination) Friday, April 3, 2026 Monday, May 11, 2026
applicable) Thursday, May 14, 2026 Thursday, May 21, 2026
A Mandatory PRE-BID CONFERENCE will be held IN-PERSON on-site at 1:00 p.m. (MT)
on Tuesday, March 17, 2026.
1125 Rooftop Way
Estes Park, CO 80517
(see map below for meeting location)
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This will allow all interested parties the opportunity to see all existing conditions, ask any
clarifying questions regarding the proposed scope of work, and gain a better comprehensive
understanding of the desired outcome of this project.
All comments, questions/answers and clarifications during this pre-bid meeting will be
summarized and distributed (via BidNet and the Town website) in the form of an addendum.
Prospective offerors may also submit any additional written inquiries concerning the requirements
of this solicitation to Derek Pastor via BidNet or e-mail (dpastor@estes.org) by 5:00 p.m. Tuesday,
March 24, 2026. Offerors are reminded that any changes to the Invitation to Bid will be by written
addenda only and nothing stated verbally shall change or qualify in any way any of the provisions
in the Invitation to Bid and shall not be binding on the TOEP.
Bids will be opened and publicly read aloud during a VIRTUAL Bid Opening meeting at 11:00
a.m. (MT) on Thursday, April 2, 2026. The Town will use the Google Meet conferencing platform
(unless modified by Addendum). Bidders can join the meeting via video call or phone call:
Video call link: https://meet.google.com/kid-idkq-zge
Or dial: 720-500-3699 PIN: 314 146 390#
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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.
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.
Document Accessibility Compliance Requirement
In accordance with State of Colorado law (House Bill 21-1110 and Senate Bill 23-244), all vendors
submitting proposals in response to this Request for Proposals (RFP) must ensure that any
documents submitted as part of the proposal process, and any deliverables provided under any
resulting contract, are fully compliant with the State of Colorado’s Technology Accessibility
Standards.
TOWN OF ESTES PARK
Derek Pastor, PMP
Project Manager
Town of Estes Park
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Internal Services Department
170 MacGregor Ave
Estes Park, CO 80517
970-577-3957
dpastor@estes.org
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INSTRUCTIONS FOR BIDDERS
SUBMISSION OF BIDS
Attendance at the mandatory pre-bid meeting and the following documents are required to be
submitted for a proposal to be considered:
• Bidder Qualifications and Data Form
• Subcontractors and Related Data Form
• Bid Proposal Form
• Fee Proposal (itemized, detailed cost proposal including all labor, materials, general
conditions, overhead/profit, inclusions/exclusions, etc..)
• Construction Timeline or Gannt Chart
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.
Hand delivered, late 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.
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BIDDING DOCUMENTS
The following documents constitute the Bidding Documents for this project:
1. Invitation to Bid
2. Instructions for Bidders
3. Bidder’s Qualifications and Data
4. Subcontractors and Related Data
5. Bid Proposal
6. Fee Proposal
7. Specifications (if any)
8. Drawings (if any)
9. Construction Contract Template
10. General Conditions
11. Special Conditions (if any)
12. Addenda (if any)
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.
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ADDITIONAL BID DETAILS
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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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.
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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.
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.
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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).
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.
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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
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.
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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
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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.
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
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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
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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.
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).
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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.
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.
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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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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)
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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
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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.
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:
26
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:
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:
27
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:
28
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 %
29
BID PROPOSAL
PROJECT: Events Center Metal Building Design and Installation
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 City/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
30
Specifications, and the Plans pertaining to the Work to be done, all of which have examined by
the undersigned.
3. 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: (Name and Address of Surety)
4. The submission of the Bid constitutes an agreement, and it shall not be withdrawn after
the Bid Opening for a period of thirty days.
5. 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
31
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.
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.
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This proposal is submitted by:
_________________________________________
Company Representative
By: Date
Title:
STATE OF )
) ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2026, 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
33
FEE PROPOSAL
Project Name:
Contractor Name:
Contractor Point of Contact:
Phone #:
Email:
Contractor is required to provide a cost proposal with a list of materials, equipment, supplies and
labor required to complete the scope of work (Include general conditions, O&P, etc, if not added
into costs). Contractor is to provide any exclusions from the identified Building Requirements,
Deliverables, or General Conditions outlined on pages 3 and 4. Also, the contractor should
identify any additional services that are included, if not identified on pages 3 or 4.
CONSTRUCTION TIMELINE
# of days from contract execution to start of design:
Anticipated duration of completed permit set:
Materials/Equipment with longest lead time:
Estimated lead time on materials with longest lead time (days):
# of days from permit approval to start of project mobilization:
# of days from project start to substantial completion:
Contractor must submit a Gannt chart or equivalent construction schedule
timeline based on an estimated Notice to Proceed date of Wednesday, May 13, 2026.
34
CONSTRUCTION CONTRACT
(to be finalized upon contractor award notification)
Events Center Metal Building Design and Installation
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 Contractor Name, a Type of
Corporation, whose address is Address, City, State, Postal Code.
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. Included in this Invitation to Bid (pg XX)
35
5. General Conditions;
6. The following Drawings and Technical Specifications:
i. Document Title Page(s)
7. Notice to Proceed;
8. Notice of Award;
9. Invitation to Bid
10. Bid Bond;
11. Bid Proposal;
12. Instructions to Bidders;
13. Performance Bond and Payment Bond;
14. Insurance Certificates;
15. Construction Progress Schedule; and
16. 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 XXX DOLLARS (Contract Price spelled out), 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
30 days from the Notice of Award ( based on current lead times of equipment and materials), and
must achieve Substantial Completion within 60 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
$XXX for each calendar day that the Work shall remain uncompleted from monies due or that
36
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.
SERVICE OF NOTICES. Notices are given if sent by registered or certified mail, postage
prepaid, to the following address:
TOWN OF ESTES PARK:
Derek Pastor, PMP
Project Manager
170 Macgregor Ave
Estes Park, CO 80517
970-577-3957
dpastor@estes.org
CONTRACTOR:
Enter name, title & address of contractor
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
37
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
38
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.
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 _____________, 2026.
(Signature pages to follow.)
39
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 , 2026.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
Town Attorney
40
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.
41
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 , 2026.
Witness my hand and official Seal.
My Commission expires .
Notary Public
42
[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 , 2026.
Witness my hand and official Seal.
My Commission expires .
Notary Public
43
CONSTRUCTION CONTRACT GENERAL CONDITIONS
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.
44
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.
45
1.1.23 Notice of Award: The written notice of the acceptance of the Bid from the Town to the
successful Bidder.
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.
46
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.
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
47
WW-P Federal Specifications Prefix
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
48
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
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.
49
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.
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
50
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.
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
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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
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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.
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.
.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.
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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.
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.
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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.
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
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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.
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,
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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
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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.
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
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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.
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
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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.
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
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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.
7.7.5 The Contractor shall indemnify, hold harmless, and assume liability on behalf of the Town
and its officers, employees, and agents, for all costs, expenses, claims, damages, liabilities, court
awards, attorney fees and related costs, and any other amounts incurred by the Town in relation to
the Contractor’s noncompliance with the accessibility standards for an individual with a disability
adopted by the Colorado Office of Information Technology pursuant to section 24-85-103, C.R.S.
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.
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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,
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
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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.
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
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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.
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.
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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:
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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.
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.
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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.
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.
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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.
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e. Attend all project scheduling meetings as required by Project Manager.
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
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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 -
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.
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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
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
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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
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:
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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.
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.
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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
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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
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
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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.
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.
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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.
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.
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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;
d. Town-caused schedule changes;
e. Design changes; or
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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
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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
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
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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
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.
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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.
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
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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;
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
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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
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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
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
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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.
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.
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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.
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.
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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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CONSTRUCTION CONTRACT 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 based on the Construction Timeline provided by the Contractor and the
Construction Contract.
Upon receiving the Notice to Proceed, the Contractor shall begin all administrative
responsibilities to begin this project such as (but not limited to) scheduling, resource
allocation, planning, ordering of materials and equipment, etc..
No work related to this project is to begin until all materials and equipment are on hand;
unless coordinated in advance with Project Manager. 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 (varies by project)
Due to the location of this project, there are no dates on which work is prohibited. Due to
the proximity of residential areas, work hours are to be between 7:00am – 7:00pm. Work
outside of these times must be requested in writing to the Project Manager in advance. The
Project Manager must provide approval in writing.
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.
6.0 WORK ZONE REQUIREMENTS (varies by project)
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
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Project Manager. Work outside of these times must be requested in writing to the Project
Manager in advance. The Project Manager must provide approval in writing.
Full road closures will not be permitted, as access to adjacent town facilities, businesses
and residences will need to be maintained throughout the project.
Installation of perimeter fencing/safety zone around project area with accessibility for
emergency vehicles must be maintained throughout the entirety of the project.
7.0 ACCCESS
Emergency access shall be provided at all times throughout the project limits.
Access to adjacent town facilities, businesses and residences shall be provided at all times.
8.0 MATERIAL TESTING
If needed, Materials Testing shall be provided by the Town; Contractor shall coordinate on-
site testing. Any corrective action needed as a result of the testing report will be at the
expense of the contractor.