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HomeMy WebLinkAboutPACKET Public Works, Utilities and Public Safety 2012-11-08Preparation date: October 29, 2012 * Revision date: NOTE: The Public Safety, Utilities and Public Works Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. AGENDA TOWN OF ESTES PARK PUBLIC SAFETY, UTILITIES & PUBLIC WORKS COMMITTEE November 8, 2012 8:00 a.m. Board Room, Town Hall 1. PUBLIC COMMENT 2. PUBLIC SAFETY a) RECOMMENDATIONS TO THE TOWN BOARD i) None. b) REPORTS i) 2nd Quarter Statistics. ii) Verbal Updates and Committee Questions. 3. UTILITIES a) RECOMMENDATIONS TO THE TOWN BOARD i) None. b) REPORTS i) Utilities Updates (Verbal). Director Bergsten & Superintendent Fraundorf. ii) Verbal Updates and Committee Questions. 4. PUBLIC WORKS a) RECOMMENDATIONS TO THE TOWN BOARD i) Fairgrounds Sanitary Sewer and Civil Site Work Contract. Director Zurn b) REPORTS. i) Bond Park Phases I, III and V Update. Director Zurn. ii) Crack Seal Update. Engineer Ash. iii) Verbal Updates and Committee Questions. 5. ADJOURN ESTES PARK POLICE DEPARTMENT1st& 2ndQuarter Statistics2012 55555664568054805500552055405560558056005620564056605680Total CAD Incidents EPPD 1st & 2nd Quarter - 2012201020112012Our incidents are showing a slight increase from 2011, but this was with 4 fewer officers than the year previous. 50% of our incidents come from dispatch while the other 50% is officer initiated. 9692920255075100125150Total Reported Group B Crimes1st & 2nd Quarter 2012201020112012Group B Crimes are generally misdemeanor in nature. 2012 1st & 2nd Quarter Group A Crimes (NIBRS)215273311215121205101520253035FORCIBLE SEXUAL ASSAULTSASSAULT OFFENSESROBBERYBURGLARYLARCENY/THEFTCOUNTERFEITING/FORGERYFRAUDDESTRUCTION / VANDALISMDRUG/NARCOTIC OFFENSESWEAPON VIOLATIONSKIDNAPPING/ABDUCTIONGroup A crimes are the more serious level crimes and would be considered felony in nature. We are seeing an increase in the more serious complex cases. 1213153048311582182816020406080100120InjuryUnknow n InjuryNon-InjuryHit and Run2012 Mid-Year Motor Vehicle Accidents201020112012 3627240510152025303540DRIVING UNDER INFLUENCEDriving Under the Influence 2012 Mid-Year201020112012 10410495-10103050709011013015011st & 2nd Quarter Arrests - 2012201020112012 777477051015202530354045505560657075808590951001st & 2nd Quarter ArrestsAdults - 2012201020112012 2730180510152025301st & 2nd Quarter Juvenile Arrests - 2012201020112012There have been fewer juvenile arrests, but as you can see on the next slide there is an increase in the amount of cases sent to Restorative Justice. RestorativeJusticePenaltyAssessmentSummons131126911261151561082550501001502002503003504004505001st & 2nd Quarter Dispositions - 2012201020112012 65866671682305001000150020002500300035004000450050005500600065007000ESTES PARK COMMUNICATIONS CENTER 1st & 2nd Quarter Total Calls for Service - 2012201020112012Total calls for service are up. This includes police, fire, ambulance and municipal services. 220911991521038100025004000550070008500100001150013000145001600017500190002050022000235001st & 2nd Quarter Total Phone Calls - 2012201020112012 203151820718917100035006000850011000135001600018500210001st & 2nd Quarter Administrative Calls - 2012201020112012 17761708212110020030040050060070080090010001100120013001400150016001700180019002000210022001st & 2nd Quarter 911 Calls - 2012 201020112012911 calls have seen an increase of almost 20 percent. The Woodland Heights Fire accounts for about 100 of these calls. QUESTIONS   PUBLIC WORKS Memo To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Date: October 31, 2012 RE: Stanley Fairgrounds Civil Site Work and Sanitary Sewer – Contractor Selection Background: Town staff was given direction to proceed with the design and bidding of the civil site work and sanitary sewer main serving the future MPEC and Stall Barn buildings. The project went out to bid on October 12th, 2012. A pre-bid meeting was held on October 22nd and six firms were in attendance. The Contractor question-and-answer period ended on October 24th and a bid opening was held on October 29th. The following table shows the results: Firm Name Base Bid ($) Coulsen Excavating $338,515.00 Duran Excavating $369,192.75 American West $339,578.50 Connell Resources $390,812.65 Bob Ames Const. $317,550.00 Heath Construction $520,800.00 Staff and Norris Design evaluated the submitted bids and is making a recommendation for award to Bob Ames Construction Inc. It has been determined that this is the lowest responsible bidder. Schedule: Pending approval from the Town Board on November 13th, a Notice of Award will be issued to the contractor on November 14th. Budget: Bob Ames Construction has provided a total bid of $317,550.00. Adding a 10% contingency ($31,755.00) to this bid gives us a not-to-exceed budget of $349,305.00. Pending Town Board approval, a contract will be executed with the selected bidder. This will come out of the Community Reinvestment Fund. Recommendation: I recommend award of the Stanley Fairgrounds grading and sanitary sewer construction contract to Bob Ames Construction Inc., with a not-to-exceed fee of $349,305.00, to be included on the Consent Agenda at the November 13th Town Board meeting. CONTRACT DOCUMENTS & SPECIFICATIONS FOR Stanley Park Fairgrounds Grading & Sanitary Sewer Improvements Prepared for: Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 Contract Issue October 12, 2012 SEALED BIDS RECEIVED BY: October 29, 2012 12:00 pm At NV5 Attn: Chuck Weiss 8000 S. Chester, STE 200 Centennial, CO 80112 SECTION 000100 TABLE OF CONTENTS TABLE OF CONTENTS ............................................................................................................................................. LIST OF DRAWINGS ................................................................................................................................................. INVITATION TO BID .................................................................................................................................................. INSTRUCTIONS TO BIDDERS ................................................................................................................................. BID FORM .................................................................................................................................................................. BID SUBMITTAL CHECKLIST .................................................................................................................................. ESTIMATED QUANTITIES FORM ............................................................................................................................ PROPOSED SUBCONTRACTOR FORM................................................................................................................. BIDDER’S QUALIFICATIONS ................................................................................................................................... MASTER AGREEMENT FOR OFF-SITE AND ON-SITE CONSTRUCTION ........................................................... APPLICATION FOR PAYMENT FORM .................................................................................................................... GENERAL CONDITIONS .......................................................................................................................................... SUPPLEMENTARY CONDITIONS ........................................................................................................................... SUMMARY OF WORK .............................................................................................................................................. PROJECT MANAGEMENT AND COORDINATION ................................................................................................. SUBMITTAL PROCESS ............................................................................................................................................ TEMPORARY FACILITIES AND CONTROLS .......................................................................................................... PRODUCT STORAGE AND HANDLING .................................................................................................................. DIVISION 1 GENERAL REQUIREMENTS ............................................................................................................... DIVISION 2 GENERAL REQUIREMENTS ............................................................................................................... TOWN FORMS…………………………………………………………………………………………………………... END OF SECTION SECTION 000150 LIST OF DRAWINGS The following is a complete list of drawings that constitute the bid package. Technical specifications and project manual is intended to supplement these drawings. Sanitary Sewer Improvement Plans Sheet No. Sheet Name Most Current Date C001 COVER AND GENERAL NOTES 10/10/2012 C002 UTILITY PLAN 10/10/2012 C003 PLAN & PROFILE STA 10+00 TO 14+00 10/10/2012 C004 PLAN & PROFILE STA 14+00 TO 18+50 10/10/2012 C005 PLAN & PROFILE STA 18+50 TO 23+00 10/10/2012 C006 PLAN & PROFILE STA 23+00 TO 25+40 10/10/2012 C007 EROSION CONTROL PLAN 10/10/2012 C008 DETAILS 10/10/2012 C009 DETAILS 10/10/2012 C010 DETAILS 10/10/2012 Multi Use Stall Barn Grading Plans Sheet No. Sheet Name Most Current Date C001 COVER AND GENERAL NOTES 10/10/2012 C002 DEMOLITION PLAN 10/10/2012 C003 FINISHED GRADING PLAN 10/10/2012 C004 OVERLOT GRADING PLAN 10/10/2012 C005 UTILITY PLAN 10/10/2012 C006 EROSION CONTROL PLAN 10/10/2012 C007 DETAILS 10/10/2012 END OF SECTION SECTION 001110 INVITATION TO BID The Town of Estes Park is soliciting bids for construction of sanitary sewer and earthwork to prepare the Stanley Park Fairgrounds site for a new Multi-Use Stall Barn and Multi-Purpose Event Center that will be constructed this winter and spring. The site is located in Estes Park at the Stanley Park Fairgrounds, generally located between Community Drive and 4th Street and Highway 36 and Manford Avenue. The Multi-Use Stall Barn and Multi-Purpose Event Center will be located at the vacant North West quadrant of the Fairgrounds, on generally 4.5 acres. Site work includes overall site grading, import of structural material, gravel road base and approximately 1,540’ linear feet of sanitary sewer installation will be required. The project will be out for bid on October 12th with a construction completion date targeted for January 15, 2013. Sealed bids will be received at the office of NV5 (8000 S. Chester, STE 200, Centennial, CO 80112) for the services referenced above until 12:00 PM (Mountain Time) on October 29, 2012, at which time the bids will be opened in private by NV5. NV5 is a subconsultant to Norris Design; Norris Design is contracted with the Town of Estes Park. The bids shall be in a sealed envelope, plainly marked "Stanley Park Fairgrounds – Grading & Sanitary Sewer” and shall state the name and address of the bidder. All sheets submitted with the bid shall be clearly marked with the Contractor’s name submitting the bid. No proposals will be considered which are received after the time mentioned and any proposals so received shall be returned to the submitter and not be considered under any circumstances. Sole responsibility rests with the submitter to see that their proposal is received on time at the stated location. Town of Estes Park presently anticipates issuing the Notice to Proceed on or about November 13, 2012. A bidder to whom a contract is awarded will be required to furnish certification of specific insurance requirements and performance bonds necessary for contracts with Town of Estes Park. All bidders are encouraged to attend a non-mandatory pre-bid conference at 11:00 am on October 22, 2012 at Town of Estes Park office at 170 MacGregor Avenue in Estes Park, CO. Potential subcontractors are also encouraged to attend. Plans and specifications will be available electronically on the Town of Estes Park’s website and through the Owner’s Representative. Bidders will be responsible for all costs associated with printing documents. The Town of Estes Park reserves the right to accept or reject any and all bids, to waive any informality or technicality in any bid, to postpone the award of the contract for a period not exceeding forty-five (45 ) days after the bid opening, all according to the best interests of the owner. Any questions concerning this bid shall be directed in writing to: Chuck Weiss, NV5 8000 S. Chester, STE 200 Centennial, CO 80112 Chuck.weiss@nv5.com END OF SECTION SECTION 002110 INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. Defined Terms a. Terms used in these Instructions to Bidders which are defined elsewhere in the Contract Documents have the same meanings. The term "Successful Bidder" means the most qualified, responsible Bidder to whom The Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. Copies of Contract Documents a. Contract Documents to be used for the project are available from the Town website and from NV5 (8000 S. Chester, STE 200, Centennial, CO 80112. A disk will be provided to the bidder at no cost. It will be the contractor’s responsibility to print any documents required for preparing and submitting the bid. b. Complete sets of Contract Document shall be used in preparing Bids. Neither the Owner, nor Owner’s Representative assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents. c. The Owner reserves the right to issue Addenda. Bidder shall provide an e-mail address to which the Owner can e-mail the Addenda or notice thereof. In the event the Bidder does not have an e- mail address, the Bidder shall provide a telephone number where the Owner can notify the Bidder by phone of the addenda. The Bidder shall be responsible for obtaining any Addenda. d. The Owner, in making Contract Documents available, does so only for the purpose of obtaining Bids on the Work and does not confer a license or grant for any other use. 3. Qualifications of Bidders a. To demonstrate qualifications to perform the Work, each bidder is required to complete and submit the included Contractor's Qualification Statement with the bid package. 4. Examination of Contract Documents and Site a. Before submitting a Bid, each Bidder shall (a) examine the Contract Documents thoroughly; (b) visit the site to become familiar with local conditions that in any manner affect cost, progress or performance of the Work; (c) become familiar with federal, state and local laws, ordinances, rules and regulations that in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the Contract Documents. b. Bidders may visit the site at any time to review the area of work. Bidders are asked to check in at the Fairgrounds office adjacent to the grandstand for access. c. The submission of a Bid shall constitute an incontrovertible representation by the Bidder of compliance with every requirement and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. Interpretations a. All questions about the meaning or intent of the Contract Documents shall be submitted to the Civil Engineer in writing. Replies shall be issued by Addenda pursuant to Paragraph 2.3 hereof. The last day for interpretation of the Contract Documents is October 24, 2012. Questions received after 3:00 pm on this date shall not be answered. Only questions answered by formal written Addenda shall be binding. The Owner has not and will not authorize anyone to orally interpret any of the Contract Documents and any such oral or other interpretations or clarifications shall be without legal effect. 6. Bid Form a. The Bidder shall submit a completed Bid Form in an electronic and printed format. b. Bid Forms shall be clearly printed, so as to be legible. Bids may be dis qualified if they are illegible, as determined by the parties reviewing the bids. c. Bids by corporations must be executed in the corporate name by the president or a vice -president (or other corporate officer accompanied by evidence of authority to sign) an d the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. d. Bids by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. e. All names must be typed or printed by the signature. f. The Bidder is required to complete all Bid Schedules electronically. If all Bid Schedules are not complete, the Bid will be considered incomplete. Bids with other omissions may be rejected in the sole discretion of the Owner. g. Alterations of the bid form will not be accepted. h. Qualifications to the bid must be include with the bid, at the time of bid openings. 7. Submission of Bids a. Bids shall be submitted at the time and place indicated in the Advertisement for Bid. The Bid shall be contained in a sealed envelope, marked with "Stanley Park Fairgrounds – Grading & Sanitary Sewer” and name and address of the Bidder and accompanied by all other required documents and a disk (or electronic storage device e.g. “thumb drives”) containing the bid form, bid schedule, and any other relevant information. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. 8. Modification and Withdrawal of Bids a. Bids may be modified or withdrawn by an appropriate document executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. b. If, within twenty-four hours after Bids are opened, any Bidder files a duly signed written notice with the Owner and promptly thereafter demonstrates to the reasonable satisfaction of the Owner that there was a material and substantial mistake in the preparation of the Bid, that Bidder may withdraw the Bid. Thereafter, that Bidder will be disqualified from further bidding on the Work. 9. Award of Contract a. If the Contract is to be awarded it shall be awarded to the most qualified responsible Bidder, however, the Owner reserves the right to reject any and all Bids, to waive any and all informalities and to negotiate contract terms with a Bidder, and the right to disregard all non-conforming, non- responsive, or conditional Bids. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum or product and the correct sum o r product thereof will be resolved in favor of the correct sum or product. b. The Owner may conduct such investigations as deemed necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. c. The Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to the Owner's satisfaction. d. If the contract is to be awarded, the Owner shall give the Successful Bidder a Notice of Award within fifteen days after the day of the Bid opening or such other time as may be set forth in the Bid Documents. 10. Signing of Agreement a. When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least four unsigned counterparts of the Agreement and all other Contract Documents. Within (10) ten calendar days thereafter Contractor shall sign and deliver four fully executed counterparts of the Agreement to the Owner with all other Contract Documents attached. Within (10) ten days thereafter the Owner shall deliver one signed counterpart to Contractor. 11. Pre-Bid Conference a. A non-mandatory pre-bid conference for this project shall be conducted for prospective bidders at 11:00 am on October 22, 2012 at Town of Estes Park office at 170 MacGregor Avenue in Estes Park, CO. 12. Order of Precedence a. In case of discrepancy in the Contract Documents, the order of precedence is as follows: i. Change Orders ii. Addenda iii. Special Conditions iv. Technical Specifications v. General Conditions vi. Bid Schedule Descriptions vii. Governing Local Municipality’s Standards and Specifications 13. Project Schedule a. The Bidder is required to submit with the bid a proposed construction schedule to complete the work described in the Contract Documents. The schedule shall indicate the proposed starting and ending dates for the various phases of the project and for the various components of the work. Schedule shall also indicate manpower and resources available for work on this project. Which shall include an estimate of number of crews working on site on weekly basis and average time per week for key personnel on the project. Schedule shall assume a start date of November 15, 2012 and it is expected that the project would be completed prior to January 15, 2013. The construction schedule will be reviewed when evaluating the bids. Therefore the bidders shall give careful consideration of how work can be sequenced to meet or finish sooner than the guidelines shown in this paragraph. END OF SECTION SECTION 004100 BID FORM Stanley Park Fairgrounds – Grading & Sanitary Sewer THIS PROJECT IS SUBMITTED TO: Town of Estes Park 170 MacGregor Avenue Estes Park, CO 80517 October xx, 2012 To whom it may concern: The undersigned bidder, having examined the site of the proposed work and having full knowledge of the conditions under which the work must be performed, hereby proposes to enter into and perform as set forth in the Town of Estes Park Master Agreement, Construction Agreement, and all other contract documents, of which this Proposal forms a part, and will do the construction therein described on the terms and conditions therein set forth; and will furnish all required labor and materials and pay all incidental costs, all in strict conformity with the Town of Estes Park Master Agreement and Construction Agreement, for the following prices listed in the bid form(s) as payment in full. If awarded the Contract, the undersigned hereby agrees to execute said Town of Estes Park Master Agreement and Construction Agreement, and procure the required insurance within fourteen (14) consecutive calendar days from the date of the Notice of Award of said Contract. The undersigned further proposes that should this Proposal be accepted, the contractor will commence work within seven (7) consecutive calendar days from and including the date of Notice to Proceed and the contractor will substantially complete the work covered by the Town of Estes Park Master Agreement, and the Construction Agreement, on or before January 15, 2013. The undersigned further agrees, if awarded the Contract for the Work included in this Bid Proposal, to begin and to complete and deliver the Work contemplated in accordance with the conditions set forth in the Town of Estes Park Master Agreement and Construction Agreement. The undersigned has checked carefully the figures inserted hereinafter by him, and understands that the owner will not be responsible for any error or omissions on the part of the undersigned in preparing this Bid. The undersigned hereby certifies that this Bid is genuine, and not sham or collusive, or made in the interest or behalf of any person not herein named, and that the undersigned has not, directly or indirectly, induced or solicited any other Bidder to put a sham Bid, or induced any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself any advantages over any other bidder. The only persons interested as principals in this Bid other than the one whose signature is affixed hereto are to be listed as follows (if there are none, state such fact): _None___________________________. Name: Address: Name: Address: This Bid shall be valid from the date of submission to the date of an executed Town of Estes Park Master Agreement and Construction Agreement. In submitting this Bid, it is understood that the right is reserved by the Owner to reject any or all bids, and to waive irregularities in bidding. Respectfully submitted, Contractor (Bidder) (SEAL) By (Signature) (Title) (corporation/incorporated/partnership) (under the law of the State of Colorado composed of officer, partners or owner, as follows: President Vice President Secretary Name of Contractor Treasurer Address City State Zip Code Telephone Number 1. The undersigned bidder proposes and agrees, if this bid is accepted, to enter into an agreement with the owner in the Town of Estes Park Master Agreement and Construction Agreement forms, to complete all work as specified or indicated in the fore mentioned agreements for the contract price indicated and within the contract time in this bid and in accordance with the Town of Estes Park Master Agreement and the Construction Agreement. 2. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with performance and payment bonds and warranty bonds. This bid will remain open until the seventh day after the effective date of any agreement between the owner and the apparent successful bidder. Bidder will sign the Town of Estes Park Master Agreement and the Construction Agreement and submit all documents required by the contract documents within 10 days after the date of the owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: a. Bidder has received and examined copies of all the Contract Documents and of the following addenda: Addenda Date Addenda Number Initial 4. Bidder has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as Bidder deems necessary. 5. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, group, association, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain any advantage over any other Bidder or over The Owner. 6. Bidder will complete the Work for all bid items listed in the bid form. 7. Bidder agrees that the Work will be completed before January 15, 2013 as described throughout these contract documents. Contract days will not be counted. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. Extension maybe made to the contract period at the discretion of the Owner. 8. The following documents are attached to and made a condition of this Bid: a. A completed Contractor’s Qualification Statement as required by Paragraph 3 of the Instructions to Bidders. b. A preliminary construction schedule as described the Instructions to Bidders. c. Bidders shall submit a list of intended subcontractors for the project. The list shall include the company name, contact information, years in business, the approximate percentage of the work to be performed, and the services which will be provided by that subcontractor. 9. Communications concerning this Bid shall be addressed to: Chuck Weiss, NV5 8000 S. Chester, STE 200 Centennial, CO 80112 Chuck.weiss@nv5.com 10. Terms used in this Bid which are defined elsewhere in the Contract Documents have the same meanings. 11. The Bidder shall pay special attention to the following items: a. The Contractor shall carefully plan out the Work to complete the project within the Contract Period, and keep accurate records of items creating delays to production schedules. Advance planning will be required to prevent the occurrence of overtime. b. Payment for overtime required to complete the work in the contract period will not be authorized unless unforeseen circumstances occur. c. The unit pricing supplied with the bid form. These numbers will also be used as a basis for additions and subtractions from the scope of work. d. The quality of workmanship and materials will be monitored closely by the owner and owner’s representative. THE UNDERSIGNED BIDDER, having familiarized himself with the work required by the Contract Documents, the site where the Work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the Work, and having satisfied himself of the expense and difficulties attending performance of the Work, HEREBY PROPOSES and agrees, if this Bid is accepted, to enter into Agreement in the form attached, to perform all work, including the assumption of all obligations, duties and responsibilities necessary to the successful completion of the Agreement and the furnishing of materials and equipment required to be incorporated in and form a permanent part of the Work, tools, equipment, supplies, transportation, facilities, labor, superintendence and services required to perform the Work; and Bond, insurance and submittals; all as indicated or specified in Contract Documents to be performed or furnished by Contractor in accordance with the following Bid prices Contractor must submit on all scheduled values to be considered. Bid will be voided if bid form is modified or altered in any way. Values for each scheduled item shall be written out in words and numeric format. The schedule of values shall be completed in full which shall be used to justify the contract amount for each schedule item. Pay Item Quantity Pay Unit Unit Price Item Price Mobilization 1 LS Clearing and Grubbing 1 LS Unclassified Excavation 3593 CY Rock Excavation 375 CY Structural Backfill Class 1 572 CY Embankment 4193 CY Adjust Water Line 1 EA Adjust Electric 1 EA Silt Fence 2731 LF Stabilized Construction Entrance 2 EA Inlet Protection 5 EA Aggregate Base Course 752 CY 6" PVC (SDR 35) 16 LF 8" PVC (SDR 35) 1524 LF 6" Plug 2 EA 15" HDPE 176 LF Type C Inlet 2 EA 48" DIA MH 1 EA Manhole >6' depth 4 EA Manhole ≤ 6' Depth 3 EA BID PRICE SCHEDULE #1 –xx (Dollars) SCHEDULE #2 – xx xx. (Dollars) SCHEDULE #3 –xx xx (Dollars) SCHEDULE #4 –xx (Dollars) SCHEDULE #5 –xx xx (Dollars) TOTAL TOTAL OF ALL SCHEDULES IN NUMBERS I acknowledge that this bid includes Addendum(s). If none, so state. The undersigned bidder agrees to enter into agreement on or about November 13, 2012, after acceptance of this bid, and further agrees to complete all work covered by the bid, in accordance with specified requirements and in accordance with specified requirements and in accordance with the following estimated schedule. Date Task 11/15/2012 Notice to Proceed 1/15/2013 Substantial Completion Liquidated Damages. Owner and Contractor recognize the importance of establishing and enforcing deadlines. If the date for deliverables are not met then the Owner could suffer financial loss. They also recognize the delays, expense and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by the Owner if work is not completed on time, therefore damages for delays in meeting deadlines for all or portions of the work as shown on contract documents or as documented in project schedules or meeting notes, shall be assessed at a cost of $250 per calendar day for every day late. PREPARED BY Signed: Name Printed: Title: Company: END OF SECTION SECTION 004325 BID SUBMITTAL CHECKLIST The following items shall be included as part of the bid package. Packages not containing these items shall be deemed incomplete and therefore disqualified from bidding. 1. Completed Bid Form (Section 004100) 2. Bidder’s qualifications (Section 004510) 3. Acknowledgement of Addendums 4. Proposed subcontractor list 5. Proposed project schedule 6. Estimated quantities form (Section 004330) END OF SECTION SECTION 004330 ESTIMATED QUANTITIES FORM All unit/total prices for each of the items listed shall include all costs involved in the installation of each item or performance of tasks (to include labor and equipment, except where noted), its pro rata share of profits, overheard, warranty, bonding, insurance, mobilization, and administrative fees, unless otherwise indicated. Refer to technical specifications for exact description of products. Costs listed below will be the basis or additions and subtractions to the base bid amount. Totals for each schedule item shall match the total shown on the bid form, thereby justifying the value of the bid. This document shall be provided as a Microsoft Excel spreadsheet to allow for easier consolidation of this information. Bidders shall provide this information with their bid electronically. The estimated quantities form may be e-mail to the Owner’s Representative or submitted on a disk. This information must be received by the time stated by the bid opening, otherwise this information will be considered incomplete. END OF SECTION SECTION 004340 PROPOSED SUBCONTRACTOR FORM List subcontractors and suppliers providing services and/or materials to be furnished and a summarization of the dollar value of each subcontract: Subcontractor Scope of Work Years in Business Percentage of Work Contact Person and Phone Number This is to certify that the names of the foregoing mentioned Subcontractors or material suppliers are submitted with full knowledge and consent of the respective parties Bidders: (Name of Company) By: _____________________________________ (Signature and Title) Date: Note: The previous sheet may be reproduced by the Contractor to list Subcontractors totaling more than will fit on this page. Certify each sheet as an original sheet and staple additional sheets to this page. END OF SECTION SECTION 004510 BIDDER’S QUALIFICATIONS The Undersigned certified under oath the truth and correctness of all statements and/or all answers to questions made hereinafter. Submitted to: TOWN OF ESTES PARK Submitted by: NAME Address City, State Zip Phone Principal Office Check One: ( ) Corporation ( ) Partnership ( ) Joint Venture ( ) Individual ( ) Other ______________ 1. List the five largest active construction projects your organization has under contract to date. Each project description shall contain contact information for references. Project Name Owner Phone Number Owner’s Rep. Phone Number Contract Amount Contract Dates Remaining Amount of Work 2. Provide resumes for the principal individuals who would be assigned to this project. Indicate their position in the company, their role on the project, approximate time per week on the project, experience expertise, certifications, etc. 3. Summarize the experience of the individuals in your organization who would be assigned to this project. NAME POSITION APPROX. TIME/WEEK 4. Name of bonding and insurance companies and name and address of agents: maximum bonding capacity. What portion remains of this bonding capacity at the time of submittal of the Bid? 5. What is your Worker’s Compensation Experience Modifier Rate? END OF SECTION SECTION 005200 TOWN OF ESTES PARK MASTER AGREEMENT FOR OFF-SITE AND ON-SITE CONSTRUCTION (For use in Colorado) MASTER AGREEMENT NUMBER: 2012 – This Master Agreement for Off-Site and On-Site Construction (the “Master Agreement”) is entered into as of . 2012 the “Effective Date”) between TOWN OF ESTES PARK , a corporation (“Contractor”), regardless of whether Contractor’s actual capacity will be prime contractor or subcontractor. Section 1. INCORPORATION OF MASTER AGREEMENT INTO CONTRACT AND TERM 1.1 Incorporation. This Master Agreement establishes the general conditions applicable to any specific, Commitment (the “Contract”) subsequently entered into between Owner and Contractor. The provisions of this Master Agreement will apply to and become part of any bid submitted by Contractor to Owner and any Contract entered into between Contractor and Owner and any Time and Material Authorization (“TMA”), Field Purchase Order (“FPO”) or Change Order. Unless otherwise indicated, the capitalized terms used but not defined in this Master Agreement have the definitions stated in the Contract. 1.2 Applicability to Open Contracts. Contractor and Owner agree, acknowledge and accept that this Master Agreement hereby replaces and supercedes any prior master agreement entered into between Owner and Contractor. All open Contracts, including all open TMAs, FPOs, Change Orders or other amendments, issued prior to the effective date of this Master Agreement (the “Open Contracts”) are incorporated herein by reference and remain operative and in full force and effect except that this Master Agreement governs the Open Contracts All references in Open Contracts to the “Master Agreement” or to a provision thereof, shall be deemed to refer to this Master Agreement. 1.3 Term. The term of this Master Agreement (the “Term”) will extend from the Effective Date until the xxx date unless cancelled or modified in writing by Owner prior to that time or extended for completion of a Contract as provided in such Contract. The term of any Contract commences on its effective date and ends upon the Completion of Work unless a written termination is issued prior thereto. 1.4 Owner’s Authorized Representative for the projects will be a representative from NV5 and/or the Town of Estes Park who will have the rights and authority assigned to the Owner’s Representative in the Contract Documents. The name of the individual who will act as the Owner’s Authorized Representative will be set forth in the Contract Documents. Section 2. DEFINITIONS “Applicable Requirements” means all federal, state and local laws, statutes, ordinances, codes, rules, regulations, orders, judgments and decrees applicable to the Work, including without limitation a state or federal Storm Water Management Plan (“SWMP”). “Bid” means the offer or proposal of the Bidder submitted on the prescribed Bid Form setting forth the prices for the Project to be constructed. “Bid Form” means the form of the offer or proposal setting forth the Project to be constructed. “Bidder” means any individual, firm or corporation submitting a bid for the Project contemplated, acting directly or through a duly authorized representative. “Owner” is defined in the preamble. “Owner’s Authorized Representative” means the person specified in Section 1.4 of the Master Agreement or other applicable Contract, or such other Project Manager or other individuals, as Owner designates to Contractor. “Business Day” is defined in Section 13.1. “Change Order” means a written document provided by Contractor to the Owner, requesting an authorization for an addition, deletion or revision in the Work, or an adjustment in the Construction Schedule or Contract Price, issued after the effective date of the Master Agreement, to be signed by both Owner and Contractor. “Completion of Work” means (a) the Work has passed all applicable inspections and Contractor has obtained all required approvals, permits, certificates and sign-offs from the appropriate agencies, including governmental authorities and utilities, (b) all Work, including all punch list work, has been completed to Owner’s satisfaction, as evidenced by a written approval notice to Contractor from Owner’s Authorized Representative and (c) Contractor has delivered to Owner the as-built Plans, annotated Specifications and other documentation required in Section 4.4 below, and cleaned the Site as required in Section 4.5(a) below. “Construction Schedule” means a document containing specific time periods and deadlines associated with construction of the Project and performance of the Work. “Contract” is defined in Section 1.1. “Contract Documents” means the Master Agreement, the Contract, the Contractor’s Bid, Plans, Specifications, engineering reports, soils reports, acoustical reports, geotechnical and geological investigation reports and other documents specified in the Contract, and all subsequent Change Orders. “Contract Price” means the compensation for the Work, as specified in the Contract authorizing the Work to be performed. “Contractor” is defined in the preamble. “Effective Date” is defined in the preamble. “FPO” is defined as a Field Purchase Order issued for additional work by Owner’s Authorized Representative. “General Conditions” means the general conditions as set forth in the Contract Documents. “Hazardous Substance” is defined in Section 4.5(g)(1). “IIPP” is defined is Section 4.5(e)(1). “Losses” is defined in Section 8.1. “Master Agreement” is defined in the preamble. “Owner” is defined in a Contract if different than Owner. “Payment Authorization” means all written authorizations that Owner requires contractor to submit with invoices for payment. “Phase” means a portion of the Project defined as such. “Plans” means the official plans, drawings, working drawings, or supplemental drawings or exact reproductions thereof, approved by the Owner’s Authorized Representative, which show the location, character, dimensions, and details of the Work. “Project” means the construction project specified in the the Contract and Scope of Work; in the total construction of which the Work may be the whole or a part. “Proprietary Information” is defined in Section 12.1. “Site” means the physical location of the Project(s). “Special Conditions” means the specific clauses setting forth conditions or requirements peculiar to the Project, covering work or materials involved in the Bid which are not thoroughly or satisfactorily stipulated in the General Conditions or Specifications. “Specifications” means the specifications specified in the Scope of Work in Schedule A. “Subcontractor” means an individual or entity having a direct contract with the Contractor or with any other Subcontractor for the performance of a portion of the Work. “Supervisor” means Contractor’s Supervisor designated under the Contract Documents. “Term” is defined in Section 1.3. “Time and Material Authorization” or “TMA” means a document, which will be provided to Owner by Contractor identifying hourly charges for specific work to be performed and equipment to be used to complete the Project. "Work" or “Scope of Work” means the work specified in any contract issued by Owner to Contractor, as may be modified by subsequent approved Change Orders, and TMAs. Section 3. OWNER/CONTRACTOR RELATIONSHIP Owner and Contractor are committed to working together in a relationship based on integrity and continual improvement in order to achieve a mutually beneficial relationship and to deliver exceptional value and quality to Owner’s customers. Contractor acknowledges that its relationship with Owner and its responsibilities under this Master Agreement include a continuing need for process improvements, elimination of waste and more efficient use of labor and materials. Section 4. CONTRACTOR’S WORK 4.1 Applicable Requirements and Plans and Specifications. 4.1(a) Performance Standards. Contractor must expeditiously perform the Work in a good and workmanlike manner and must provide all labor, materials, tools, supplies, equipment, machinery, supervision, coordination, transportation, services and all other things necessary for execution of the Work. Contractor must perform the Work in accordance with all Applicable Requirements, the Contract Documents, where applicable. 4.1(a)(1) Where the Plans or Specifications describe portions of the Work in general terms, but not in complete detail, the best industry practice is to prevail and only materials and workmanship of the first quality are to be furnished. Whether or not shown by the Contract Documents, the Work includes any item of labor, service and/or material reasonably implied or customarily furnished by a contractor performing work of the type comprising the Work, or required to complete the Work in compliance with any Applicable Requirements. Contractor must furnish, without extra charge, any additional material and labor required to comply with Applicable Requirements, the Contract Documents, where applicable, even though not mentioned in the Specifications or shown on the Plans. 4.1(a)(2) All material must be installed in accordance with the manufacturer’s specifications. If Contractor installs any material in a manner that voids the manufacturer’s guarantee and/or warranty without prior written authorization from Owner, Contractor assumes all obligations under the manufacturer’s guarantee and/or warranty at Contractor’s sole cost and expense. 4.1(b) Notification of Inconsistencies. Contractor must provide written notification to Owner of any inconsistency between the Contract Documents and Applicable Requirements, where applicable, or of any other inconsistency, error or omission Contractor may discover in the Contract Documents. If Contractor performs any portion of the Work which Contractor knows, or shall know, is inconsistent with any Applicable Requirements, where applicable, or which otherwise involves an inconsistency, error or omission, without having previously reported it to Owner in writing, Contractor will bear all costs for correction and any associated delay. 4.1(c) Priority of Documents. If any inconsistency among the Contract Documents cannot be resolved through ordinary contract interpretation, the following priority will apply: (1) the Contract; (2) Specifications; (3) Plans (except that Plans have priority over Specifications as to quantity); and (4) this Master Agreement. 4.1(d) Permits. Contract to secure permits for the Work except as otherwise noted. 4.1(e) Compliance With Colorado Construction Defect Action Reform Act of 2003. Owner has adopted certain claims resolution procedures in light of Part 8 of Article 20 of Title 13 of the Colorado Revised Statutes § 13-20-802, et. seq., effective April 25, 2003 (“CDARA”). To the extent requested by Owner, Contractor shall participate in the resolution of claims submitted to Owner pursuant to the CDARA. Owner will compensate Contractor for its time in participating in the resolution of such claims at a reasonable hourly rate; provided that, if the claims relate to alleged deficiencies in Contractor’s services, then Contractor’s participation will be without charge to Owner. 4.2 Contractor’s Expertise, Representations and Warranties. 4.2(a) Contractor’s Expertise. Contractor acknowledges that Owner relies upon Contractor’s experience, expertise, recommendations and supervision in the performance and scheduling of the Work and in striving continually to improve upon the methods and materials necessary for completing the Work. 4.2(b) Representations and Warranties. Contractor represents and warrants that it is: (1) an expert in its field and trade and able to furnish the facilities, tools, materials, supplies, equipment and qualified personnel required to perform the Work, and has sufficient expertise and competence to do so; (2) financially solvent, able to pay its debts as they mature and possessed of sufficient working capital to perform the Work and meet its obligations under the Contract Documents; (3) authorized to do business in Colorado; (4) properly qualified, certified and licensed to perform the Work by all governmental and quasi-governmental authorities having jurisdiction over Contractor or the Work, and will remain so at all times during performance of the Work; (5) a duly formed and existing legal entity in good standing in Colorado and the jurisdiction within which the entity was formed; and (6) duly authorized to execute this Master Agreement and any Contracts hereunder; and (7) including in its Contract Price sufficient money to comply with all applicable local, state and federal laws or regulations governing the labor or services provided. 4.3 Inspection of Work and Rework. 4.3(a) Inspection of Work. The Work is subject to inspection and approval by both the Owner and governmental authorities and utilities. Contractor must do each of the following: (1) Perform frequent and on-going inspections of the Work to ensure that the Work is in compliance with the Contract Documents, and Applicable Requirements, where applicable. Contractor will not be relieved from any of its responsibilities with respect to the Work by the activities or duties of Owner or Owner’s Authorized Representative, or by inspections required or performed by persons other than Contractor. (2) Fully comply with all inspection programs and protocols designated by Owner. (3) Coordinate all required inspections of the Work by governmental authorities and utilities. (4) Give Owner’s Authorized Representative timely notice (at least 48 hours) of governmental and utility inspections so that the Authorized Representative may observe the inspections. (5) Bear all costs and any associated delay for reinspection and correction (to the satisfaction of Owner and the relevant governmental authority or utility) if the Work or any portion of it fails to pass inspection. (6) Commence corrective work within twenty-four (24) hours after the failed inspection and diligently pursue the corrective work to satisfactory completion. 4.3(b) Coverage of Work. If any portion of the Work is not visually observable or is otherwise covered prior to required inspection or contrary to the requirements of the Contract Documents or the request of Owner’s Authorized Representative, that portion must be uncovered or removed at Contractor’s cost and after inspection must be recovered or replaced at Contractor’s cost, all without any extension of time. 4.3(c) Resolution of Dispute over Quality. If any dispute arises as to the quality of Contractor’s work or the quality or type of materials furnished, Owner’s reasonable decision regarding the quality or type of materials to be used is binding on Contractor during the course of the Work. Thereafter, Contractor may choose to seek extra payment for the cost of the labor or materials, provided all notices have been timely submitted as required in Section 5, below. 4.4 As-Built Plans, Annotated Specifications and Other Documentation. 4.4(a) As Built Plans and Specifications. When required by the Contract, Contractor must prepare and maintain on a current basis an accurate and complete set of as -built Plans showing clearly all changes, revisions and substitutions during construction, including, without limitation, field changes and the final location of all utility lines, pipes, grades and other significant features, and as related to the Work, annotated Specifications marked in the field to show all changes, revisions and substitutions. 4.4(a)(1) In the event of a Specification that allows Contractor or any subcontractor to elect one of several brands, makes or types of material or equipment, Contractor must show which of the allowable items was furnished. 4.4(a)(2) The as-built Plans and annotated Specifications must be kept at the Site, and must be available for inspection by Supervisor, Owner and any governmental authorities or utility companies and must be provided to Owner at the Completion of Work. 4.4(b) Documentation. At the Completion of Work and prior to final payment, Contractor must provide Owner with all operating manuals, guarantees, warranties, and product warranties, which relate to any materials or equipment installed by Contractor as well as the names of replacement parts suppliers and all other similar documentation relating to the Work. 4.5 Site Requirements. 4.5(a) Cleanliness. 4.5(a)(1) Contractor must keep its work areas in a neat and safe condition at all times and ensure that neither it nor its subcontractors, nor others for whom it is responsible, create any hazardous or unsafe conditions which might affect others on or off the Site. 4.5(a)(2) On a daily basis Contractor must pile all rubbish, waste and debris resulting from the Work in a location or trash bin designated by Owner’s Authorized Representative and must ensure that all materials, supplies and equipment are properly and safely stored. 4.5(a)(3) At the Completion of Work, Contractor must remove from and about the Site all waste materials, rubbish, tools, construction equipment, machinery and surplus materials, and must leave the Site in “broom clean” condition. 4.5(a)(4) If Contractor intends to dispose of any soil or debris generated from excavation, drilling or other activities, or Hazardous Substances (as defined in Section 4. 5(g)(1) below, then Contractor must –obtain written approval from Owner’s Authorized Representative prior to disposal so Owner can sample and profile the materials or Hazardous Substance and require Contractor to effect such disposal only at facilities approved by Owner in advance and in writing Contractor shall not permit any run-off to a storm drain, except for uncontaminated clear run- off water. 4.5(b) Drug Free. Illegal drugs (including prescription drugs belonging to another) and alcohol are strictly prohibited on the Site at all times. Contractor must instruct its employees, subcontractors and others for whom it is responsible that the possession of illegal drugs or alcohol while on the Site, or working on the Site under the influence of illegal drugs or alcohol, will result in immediate removal of employee from all of Owner’s projects. Contractor must strictly enforce this policy. Contractor’s failure to enforce this policy is a material breach of this Master Agreement and any Contract, and a basis for terminating any Contract as well as for terminating this Master Agreement. 4.5(c) Supervision. 4.5(c)(1) At any time Contractor is performing the Work, and at other times as necessary, the Supervisor must be present at the Site. The Supervisor must be skilled and knowledgeable both in the performance and supervision of the Work and fully knowledgeable regarding the requirements of the Contract Documents and Applicable Requirements. So far as reasonably possible, Contractor will keep the same Supervisor on the job throughout the performance of the Work. The Supervisor must be authorized to respond to the needs and requirements of Owner without obtaining further authorization. At its sole discretion, Owner may require Contractor to replace its Supervisor on twenty-four (24) hour notice at no cost to Owner. 4.5(c)(2) The Supervisor must have the linguistic skills necessary to communicate with Contractor’s employees, subcontractors, suppliers and others for whom Contractor is responsible, whatever their primary language may be, as well as to communicate fully with Owner’s Authorized Representative. 4.5(c)(3) If Contractor fails to have adequate supervision on the Site, Owner may supply its own supervision, at Contractor’s cost, or in the alternative, cause al l Contractor’s employees to cease work until adequate supervision is provided, again at Contractor’s cost, including any associated delay. 4.5(d) Training. 4.5(d)(1) Contractor warrants that its employees and any subcontractors or others for whom Contractor is responsible have received or will receive, prior to commencing the Work, all training and instruction necessary for performance of the Work in conformance with Applicable Requirements, the Contract Documents and industry standards. 4.5(d)(2) Contractor warrants that each of the employees who are performing the Work is knowledgeable about the requirements of the Contract Documents and Applicable Requirements. 4.5(d)(3) Owner may require Contractor to remove and replace any employee who is inadequately trained, who fails to demonstrate the necessary skills to do the Work, or who is not knowledgeable about the requirements of the Contract Documents and Applicable Requirements. 4.5(e) Safety. 4.5(e)(1) Contractor must fully comply with all Applicable Requirements with respect to occupational health and safety standards under the Occupational Safety and Health Act (OSHA) of 1970, 29 Code of Federal Regulations, Section 1926, any other applicable public authority, accident prevention and safety equipment and safe practices. Contractor must fully cooperate with Owner’s Safety Manager to implement and enforce any other accident prevention and safety program of Owner. Contractor must cooperate with any regulatory agency consultation or compliance inspection s. Contractor is responsible for protecting the public from hazards related to the Work. 4.5(e)(2) Contractor must have an Injury/Illness Prevention Program (“I.I.P.P.”) and Contractor must provide Owner with a copy of its I.I.P.P. upon request. Contractor must conduct periodic inspections of Site conditions and equipment and must provide documentation of such inspections to Owner’s Safety Manager upon request. Contractor must provide personal protective equipment and adequate safety training to all of its employees. 4.5(e)(3) Contractor must immediately notify Owner of any incident which causes personal injury, or environmental or property damage, and must cooperate fully with Owner’s Risk Management Department. 4.5(e)(4) Contractor is responsible for ensuring that all vehicles used or required for the performance of the Work, including ANY vehicle brought on Site by Contractor, any subcontractor or any of their respective employees, suppliers or others for whom Contractor is responsible be in safe operating condition and registered and insured as required by state law. 4.5(e)(5) Contractor accepts sole responsibility for providing a safe work place for its and its subcontractors’ employees, suppliers and others for whom Contractor is responsible, including without limitation safety training and the adequacy, and required use, of all safety equipment. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of Applicable Requirements. In the case of Contractor’s failure to maintain a safe work area, Owner may (but is not required to) correct the dangerous condition at Contractor’s cost. 4.5(f) Storage On Site. 4.5(f)(1) Owner’s Authorized Representative may, within its sole discretion, permit Contractor to store materials, tools or equipment on the Site. Contractor must strive to minimize the length of time that materials are stored at the Site, and must coordinate with Owner’s Authorized Representative to ensure prompt installation of stored materials. 4.5(f)(2) Contractor is solely responsible for materials, tools and equipment stored at the Site. In the event of loss or damage, Contractor must proceed promptly to make repairs to or to replace the lost or damaged items at Contractor’s cost. Contractor waives all rights of indemnity it might have for loss or damage to materials, tools or equipment stored at the Site caused by Owner’s passive negligence. 4.5(f)(3) Owner will not provide any utilities for storage facilities. Contractor must maintain permitted storage areas in a neat, safe and sanitary condition and in compliance with all Applicable Requirements. By written notice to Contractor, Owner may revoke Contractor’s use of any permitted storage area at any time. In su ch event, Contractor must remove all materials, tools, equipment, goods and facilities and restore the area to its original condition within three (3) days after delivery of the removal notice. 4.5(g) Hazardous Substances. 4.5(g)(1) For purposes of this Master Agreement, “Hazardous Substance” includes, but is not limited to, substances defined as hazardous substances, hazardous wastes, hazardous materials, toxic substances, or terms of similar import as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, the Resource Conservation and Recovery Act of 1976, the Super Fund Amendments and Reauthorization Act of 1986, the Toxic Substances Control Act of 1976, or any other federal, state or local law, statute, rule or regulation pertaining to the protection of the environment or the health and safety of persons and property. 4.5(g)(2) Contractor must use and store on the Site only the minimum quantities of any Hazardous Substance required for the Work. Contractor must fully comply with all Applicable Requirements regarding the use, storage and disposal of any Hazardous Substance, and must notify Owner and other contractors on the Site if Contractor intends to use any Hazardous Substance. Contractor must promptly cleanup and remove, by approved methods, any Hazardous Substance spilled or otherwise released onto the Site, the ground water under the Site or the air above the Site, by Contractor or others for whom Contractor is responsible. 4.5(g)(3) Upon request, Contractor must promptly provide Owner and any other affected parties with a Materials Safety Data Sheets (“MSDS”), and any other requested information, pertaining to any Hazardous Substance Contractor uses or intends to use on the Site. 4.5(g)(4) If Contractor encounters any Hazardous Substance on the Site it must immediately notify Owner’s Authorized Representative and cease work in the affected area until otherwise instructed by Owner and must follow all directions of Owner with regard to the Hazardous Substance and communication with third parties regarding the Hazardous Substance. 4.5(h) Protection of Property. 4.5(h)(1) Contractor must perform the Work in such a manner that it will not injure, delay or damage any other work performed by Owner or any other contractor. Contractor must take all precautions necessary to protect all work installed by others and any public improvements, including, without limitation stall barns, fences, driveways, sidewalks, graded lots, curbs, and gutters. Vehicles may not be parked in driveways, sidewalks or graded lots except to load or unload materials. 4.5(h)(2) In the event that Contractor, its subcontractors, suppliers or others for whom it is responsible cause damage to other work or property, Contractor will bear the costs for correction or repair. 4.5(h)(3) Contractor must follow all orders of Owner’s Authorized Representative with regard to access to the Site and parking and must enter and leave the Site as directed by Owner’s Authorized Representative. It is Contractor’s responsibility to prevent infringement of the rights of enjoyment of adjacent property owners. Contractor acknowledges that it has been specifically instructed to confine all activities to the Site, unless it receives prior written permission from both Owner and the owner of the other property Contractor intends to use. 4.5(i) Emergencies. In any emergency affecting the safety of persons or property, Contractor must take immediate action to prevent or alleviate threatened damage, injury or loss. Contractor must provide Owner with a twenty-four (24) hour emergency phone number at which Contractor can be reached during non-work hours. If Contractor cannot be reached when called, Owner will take all necessary actions to protect life and property, at Contractor’s cost if Contractor is responsible. Contractor’s warranties will remain in effect under all conditions and will not be affected by the work of others during an emergency. 4.5(j) Dust and Erosion Control For Off-Site Construction. If Contractor is performing Work under a Contract for Off-Site Construction, then the following provisions apply: 4.5(j)(1) At all times during construction and until the Completion of Work, Contractor must prevent the formation of any air borne dust nuisance by use of appropriate methods which confine dust particles to the immediate surface of the Site. Contractor must provide its own labor, material and equipment for this dust control work. Dust control must conform to all Applicable Requirements. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of any dust control standards, regulations or requirements and will also bear any and all costs to Owner (including construction delays) caused by Contractor’s failure to comply with the terms of the paragraph. 4.5(j)(2) At all times during construction and until the Completion of Work, Contractor must prevent erosion of dirt from any and all water sources. Erosion control must conform to all Applicable Requirements. Contractor must provide its own labor, material and equipment for this erosion control work. It is Contractor’s sole responsibility to protect the Work during inclement weather and to repair the Work if damaged following inclement weather at Contractor’s expense until the Completion of Work. Contractor must pay any fine imposed on Owner as a result of Contractor’s violation of any erosion control standards, regulations or requirements and will also bear any and all costs to Owner (including construction delays) caused by Contractor’s failure to comply with the terms of this paragraph. Contractor is responsible for all damages to adjacent properties or improvements as a result of Contractor’s failure to control water or erosion. 4.5(j)(3) If Contractor fails to provide adequate dust or erosion control, Owner may suspend the Work, in whole or in part, until Contractor provides adequate dust or erosion control or Owner may provide dust and erosion control at Contractor’s sole cost and expense. Contractor will perform the Work to avoid interference with any and all dust and erosion control measures of Owner or other contractors. Contractor will be responsible for any such interference and will pay all costs, fines or assessments associated therewith. 4.5(k) Protection of Dust and Erosion Control For On-Site Construction. If Contractor is performing Work under a Contract for On-Site Construction, then the following provisions apply: 4.5(k)(1) Contractor will perform its onsite Work to avoid interference with any and all Dust and Erosion Control measures of Owner or other contractors or to cause violations of any and all Applicable Requirements for Dust and Erosion Control. Failure of Contractor to comply with this provision may result in Contractor being responsible for the payment of any resulting fines or assessments against Owner or other contractors. 4.5(l) Storm Water Management Plan. The Project is being developed in accordance with a Storm Water Management Plan (“SWMP”) as required by the Colorado Department of Public Health and Environment. The SWMP imposes requirements for the design, implementation and maintenance of Best Management Practices (“BMPs”) to eliminate and/or mitigate all prohibited discharges into storm drains during and after construction of the Project. Contractor will be subject to the SWMP and all BMPs established pursuant to the SWMP. All activities undertaken by Contractor or Contractor’s agents, employees, sub-contractors or representatives or others for whom Contractor is responsible, with respect to the Work must comply with the SWMP and BMPs. The requirements of the BMPs include, but are not limited to, preventing run-off of soil, sand, sediment, oil, gasoline or other hydrocarbons, paint, fertilizers, pool chemicals, other household chemicals and other debris into the storm drains located in the Project. The SWMP affirmatively obligates Contractor to take immediate corrective action whenever there is a violation of the BMPs as to the Work. Penalties include significant fines that will be imposed against Contractor for violation of the SWMP or BMPs. Any violation of the SWMP or BMPs attributable to Contractor shall be the sole responsibility of Contractor, including the obligation to pay any and all fines assessed against Contractor, Owner or the Project attributable to Contractor’s violation. 4.6 Site Conditions. 4.6(a) Verification of Existing Conditions and Warranty. 4.6(a)(1) Prior to beginning the Work, Contractor will carefully examine the Site, all previous work, all adjacent areas that may be affected by the Work, and all Contract Documents (where applicable) and fully satisfy itself as to the nature and location of the Work and fully acquaint itself with all conditions, including subsurface condit ions, which in any manner may affect the Work. 4.6(a)(2) Contractor assumes the risk of any variances between the actual conditions and the conditions shown or indicated in the Contract Documents, to the extent Contractor knows or should have known of such actual conditions, unless Contractor provides written notification to Owner prior to start of the Work. In all cases where dimensions are governed by field conditions that are already established, Contractor has full responsibility for correct knowledge of the actual conditions. 4.6(a)(3) If Contractor deems that surfaces or work to which it’s Work is to be applied or affixed are unsatisfactory or unsuitable, written notification of said condition(s) must be given immediately to Owner. By commencement of the Work, Contractor warrants that all related, adjacent or dependent work and materials are acceptable. Contractor is responsible to Owner for all damage or delay in connection with any failure of the Work due to defects or damages in the underlying surface of the Site or previous work by others. 4.6(b) Lines and Grades. If necessary, Owner will provide Contractor with base control points within fifty (50) feet of property lines, and with other lines, benchmarks and reference lines. Contractor acknowledges that as part of its Site inspection, it must verify the extent of such reference points to be supplied by Owner for Contractor’s Work. If reference points are missing or Contractor finds the points inadequate, Contractor must immediately provide written notification to Owner. Absent written notification, Contractor assumes full responsibility for the accuracy of all lines, levels, and measurements and their relation to benchmarks, property lines, and reference lines. In all cases where dimensions are governed by conditions already established before Contractor starts the Work, Contractor has full responsibility for correct knowledge of the actual conditions. No variation from specified lines or grades may be made except on the written direction of Owner’s Authorized Representative. Contractor will bear all costs for correction and associated delay in connection with line or grade deviations unless Contractor can establish that the Engineer’s staking was in error, and the error caused the need for corrective work. 4.6(c) Underground Lines. Contractor is solely responsible to contact the “U.S.A.” Utility Location Service at 1-800-642-2444 for a staked location of all underground utilities prior to starting the Work, if necessary. Contractor is solely responsible for all costs for correction and associated delay in connection with repair of all utilities, marked or unmarked, damaged by it during performance of the Work. 4.6(d) Archaeological Monitoring. There may be archaeologically sensitive zones on the Site. Archaeological monitors may be present on the Site on a full or part time basis. In the event archaeological artifacts are discovered during performance of the Work, the appropriate governmental agency has and retains all right, title and interest to such artifacts and has the right to perform archaeological excavations as deemed necessary. In the event of archaeological examination and related delays of the Work, Contractor will be entitled to an extension of time to complete the Work, subject to Section 4.9. However, Contractor has no claim for damages or compensation for the delay. 4.7 Subcontractors and Suppliers. 4.7(a) List of Subcontractors and Suppliers. Contractor must provide Owner with a list of the names and addresses of all subcontractors and suppliers who are to perform work for and or supply materials to Contractor in connection with the Work. Contractor must not make any substitution or addition to the list without first notifying Owner in writing. Contractor is solely responsible to Owner for the performance of its subcontractors and suppliers and their compliance with Applicable Requirements, and the Contract Documents. 4.7(b) Payment of Bills. Contractor must timely pay for all labor, materials, equipment, transportation, and services, including applicable taxes, ordered for or used in the Work by Contractor. If Contractor fails to make any payment, Owner has the right, but not the obligation, to make payment directly to any of Contractor’s laborers, subcontractors or suppliers or for the account of Contractor and to deduct the amount of the payment from any amounts due and owing to Contractor. If the funds payable to the Contractor are not sufficient to cover this amount, Contractor must promptly pay the difference to Owner on demand. 4.7(c) Liens. Contractor must not allow any claim of lien or statutory withholding notice to be recorded against the Site or served against Owner and must provide to Owner, on demand, satisfactory evidence of any payment in dispute. If any lien, notice, claim of lien or any attachment is recorded in connection with the Work, Contractor must cause such lien or attachment to be removed. In the event Contractor fails to have any lien or attachment removed within fifteen (15) days after Owner’s demand, Owner may take whatever actions it deems necessary in order to remove such lien or attachment, at Contractor’s cost (including attorney’s fees and costs incurred by Owner). 4.7(d) Materials and Alternatives. If any items specified in the Contract Documents are discontinued, unavailable, or if Contractor desires to use a suitable alternative, Contractor must notify Owner in writing as soon as possible and must submit a list of alternatives with all necessary information pertaining to specifications, applications, characteristics, warranties, and costs. Owner’s written approval is required prior to installation of any alternative. 4.8 Labor Relations. 4.8(a) Independent Contractor. Contractor is an independent contractor and is solely responsible for payment of all federal and state taxes and insurance and contributions for social security and unemployment taxes, which are based on the wages, salaries or other compensation paid by Contractor to its employees. 4.8(b) No Illegal Aliens. Contractor must employ, and must cause its subcontractors to employ, only American citizens or non-citizens with legal United States work authorizations and at all times must obey all Applicable Requirements concerning the employment of persons at the Site, including without limitation the requirements of the Immigration Reform and Control Act of 1986 and the Immigration and Naturalization Service’s rules and regulations. 4.8(c) Employment and Labor Regulations. 4.8(c)(1) Contractor must comply with all Applicable Requirements concerning equal opportunity employment and warrants that it and its subcontractors and suppliers are equal opportunity employers. 4.8(c)(2) Contractor recognizes that in the performance of the Work, it may be necessary to work side by side with other contractors on the Site who may, or may not, be signatories to collective bargaining agreements with labor organizations. Owner reserves the right to establish a “two gate” system at any time during performance of the Work. Contractor will not be relieved of its obligations to supply sufficient, properly skilled workers to perform the Work without delay or interruption as a result of any labor dispute between Contractor, or any of its subcontractors or suppliers, and their respective employees. Contractor will not be entitled to any adjustment to the Contract Price and must pay any increased costs as a result of any labor dispute involving its own forces or the forces of its subcontractors or suppliers. However, Contractor will be entitled to all direct out-of-pocket expenses reasonably incurred and may seek an extension of time as a result of a strike affecting a trade or product generally, as agreed upon by Contractor and Owner’s Purchasing Department. Contractor represents and warrants, and will provide evidence upon Owner’s request, that neither it nor any of its subcontractors or suppliers are delinquent in making payments or reports to any union fringe benefit trust fund or appears on any delinquency list published by any union fringe benefit trust fund. 4.9 Time of Performance. 4.9(a) Sequencing and Schedule of Project. Contractor acknowledges that Owner has complete control over the timing and sequence of the Project. Owner’s Authorized Representative will provide a Construction Schedule to Contractor. The Construction Schedule will set forth the start date for the Work as well as the date for the Completion of Work and any intermediate milestones. The Construction Schedule is to provide Owner and Contractor with a general framework of the time for Contractor’s performance. The actual schedule will depend on a number of factors such as weather, market conditions and other matters in the discretion of Owner, and Contractor must not proceed with any part of the Work ahead of time designated by Owner without prior written authorization. Owner reserves the right to provide an updated or amended Construction Schedule at any time and Contractor must immediately proceed in accordance with the amended Construction Schedule. Contractor must coordinate its Work with any other contractors so there will be no interference with work of others. 4.9(b) Sequencing of Work. Contractor acknowledges it is responsible to perform all elements of the Work in the proper sequence and the Work in the proper sequence with work of other contractors. Contractor will not proceed with work out of sequence without providing written notification to Owner. 4.9(c) Timely Completion of Work. Contractor must complete the Work in a prompt and diligent manner and achieve the Completion of Work in accordance with the time designated in the Construction Schedule. Contractor acknowledges that failure to meet the Construction Schedule is a material breach of the Contract. If Contractor is behind in the Work or if any portion of the Work is not commenced, performed, finished and delivered at the time established by Owner, Owner may direct Contractor, on forty-eight (48) hours notice, to furnish additional labor and expedite deliveries of material and equipment, at Contractor’s cost. If additional labor is not available, Owner may require Contractor to work overtime or additional shifts (and/or weekends and holidays) to such an extent as will be sufficient to achieve the Completion of Work or any portion of the Work in accordance with the Construction Schedule, all at Contractor’s cost. 4.9(d) Mandatory Overtime. In order to expedite completion of the Project or the Work, Owner may direct Contractor to work overtime. Contractor must work overtime as directed by Owner and, so long as the overtime was not caused by the delay of Contractor, its subcontractors, suppliers or others for whom it is responsible, Owner will pay the actual extra cost of overtime over Contractor’s normal labor rates. Contractor must not mark-up such costs for overhead or profit. Time slips covering overtime must be checked and approved daily by Owner’s Authorized Representative. 4.9(e) Remedies for Delay. Contractor is not entitled to recover from Owner any additional compensation or impact or other damages on account of any delay or disruption to work flow, whether caused in whole or in part by Owner or others. Contractor’s sole remedy for such delay will be an extension of time to perform, which will be subject to Owner’s written approval. Contractor must make any request for an extension of time within three (3) calendar days of the event giving rise to the request. The request must be in writing and reasonably detailed, including without limitation specifying the cause of the delay and the anticipated number of delay days. Contractor’s failure to timely deliver a request constitutes conclusive and no rebuttable evidence that no time extension is due. Section 5. CHANGES TO WORK 5.1 Owner’s Right to Change Work. During the course of the Work, Owner may make changes to the scope of the Work, including additions to and deletions from the scope of the Work. Owner will request a Change Order from Contractor for each change. Owner may also authorize an extension or shorten the time required to perform the Work, and/or change the Work as described in the Scope of Work, by requesting a Change Order from the Contractor or by issuing a FPO to the Contractor describing the Work. Work performed under a Change Order, FPO, or TMA is subject to all of the terms and conditions of the Contract Documents. 5.2 Contractor’s Compensation for Change Order. 5.2(a) Mutually Agreed Upon Change. If a Change Order increases or decreases the scope of the Work, then the Contract Price will be adjusted accordingly as mutually agreed upon by the parties. All mutually accepted changes to the Work and the Contract Price will be fully set forth in a written Change Order signed by both parties. 5.2(b) Proceeding Without Agreement. If the parties cannot agree within five (5) Business Days after Owner delivers the proposed Change Order as to whether any particular work is a change to the Work, or should result in adjustment to the Contract Price, or the amount of the adjustment, Contractor must nonetheless timely perform the alleged changed or extra work, if directed to do so in writing by Owner’s Authorized Representative. If Contractor believes that the Contract Price must be increased because of the changed or extra work, Contractor must submit a written “Notice of Intent to File Claim for Additional Compensation.” within five (5) Business Days after Owner’s Authorized Representative delivers written direction to proceed with the changed or extra Work. Contractor’s Notice must reasonably describe the basis for the requested adjustment to the Contract Price. Contractor must keep and submit to Owner on a daily basis a complete breakdown of all costs incurred for the extra Work, including a labor breakdown by name of person, hours worked, and task performed for each worker performing the extra Work as well as a similar breakdown for all equipment used and copies of all invoices and delivery tickets for materials used. 5.2(c) Requirement of Notice. Contractor’s failure to timely deliver a “Notice of Intent to File a Claim for Additional Compensation”, or maintain and deliver an accurate cost breakdown and supporting documentation, constitutes conclusive and no rebuttable evidence that no changed or extra Work was performed and that no payment for the alleged changed or extra Work is due to Contractor. No notice by Contractor or Owner is required if the change will result in a reduction in the Contract Price. 5.2(d) Calculation of Price Adjustment. In the absence of agreement as to the amount of the Contract Price adjustment to be made for any changed or extra Work, the increase or decrease to the Contract Price will be determined on the basis of: (1) unit prices, if any, set forth in the Master Agreement, unless calculating the adjustment in this manner would be inequitable; (2) Direct Costs plus a mark-up, (any increase or decrease in Direct Costs, as defined in the Master Agreement, plus or minus a mark -up of not more than fifteen percent (15%) for Work performed directly by Contractor and an aggregate of five percent (5%) for Work performed by all tiers of subcontractors, for an aggregate mark- up not to exceed twenty percent (20%)); or (3) the stated price, if the item of Work is separately priced in the Master Agreement. Labor rates in connection with any change are those set forth in the Master Agreement. In any case, Contractor will deliver to Owner information reasonably acceptable to Owner substantiating the claimed adjustment. 5.3 Requirement of Writing. The scope of Work, Construction Schedule and Contract Price may be changed only by a written Change Order, or FPO signed by Owner. This requirement is of the essence of the Contract Documents. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that Owner has been unjustly enriched by any change in the Work, whether or not there is in fact any unjust enrichment, will be the basis for any claim for an increase in the Contract Price. 5.4 Contractor’s Compensation for Field Purchase Order (FPO). Contractor will be compensated for any work performed pursuant to the terms and in the amount set forth in the FPO. Section 6. PAYMENTS 6.1 Contract Price. Contractor must perform the Work for the Contract Price set forth in the Contract. The Contract Price covers all costs, foreseen or unforeseen, incurred or to be incurred by Contractor to perform and complete the Work, including without limitation, all applicable labor, materials, payments to subcontractors or suppliers, rental charges, sales, use and other similar taxes, multiple move-ins, communication and copying costs, insurance premiums, taxes, applicable permit fees, testing fees, royalty and license fees, utility charges, guaranties and maintenance bonds required by the Contract Documents, as well as Contractor profit and overhead. 6.2 Changes to Contract Price. 6.2(a) Requested Price Change. If Contractor experiences a change in its cost to complete the Work, Contractor may propose a price increase or decrease to Owner on sixty (60) days’ prior written notice. Contractor must justify any requested price increase with adequate documentation demonstrating an increase in Contractor’s price for labor, materials, supplies, overhead or equipment necessary for completion of the Work. Owner has the sole discretion to accept, reject or modify Contractor’s proposed adjustment. 6.2(b) Price Change Procedure. If after a review of Contractor’s proposed adjustment and documentation Owner approves a price change, a written Change Order will be issued and executed by Owner and Contractor setting forth the new agreed-upon Contract Price. Any adjustment under this Section will apply only to Work to be performed on the project that is begun after the date the Change Order is fully executed. Contractor must complete all Work on the project that was started prior to the date a Change Order is fully executed at the agreed upon Contract Price in effect prior to that date or in a prior Change Order. 6.2(c) Termination of Contract. If Owner and Contractor cannot reach agreement on a new Contract Price, Owner may terminate the Contract, and may terminate this Master Agreement as well, under Section 10.2. Any and all Work not completed on the project that was started prior to the date of termination will continue to be governed by the Contract Documents as if the Contract and/or Master Agreement had not been terminated. 6.3 Payment Terms. 6.3(a) Payment Procedure. Unless otherwise specified in the Contract, Owner will pay Contractor, within thirty (30) days after the date of the receipt of an invoice, accompanied by either a Payment Request Form or a FPO, depending on which payment method applies to the applicable Contract, meeting the criteria set forth in Section 6.4, of the amount which Owner’s Authorized Representative reasonably determines to be due to Contractor under Contracts. Owner may pay any or all billings by joint check, as necessary to protect Owner. 6.3(b) Unit Prices. Where the Contract Price is determined based on unit prices, Contractor must keep complete and accurate records of the quantities of all Work performed according to the Bid Forms submitted by the Contractor. 6.3(c) Partial and Final Payment. Owner will make final payment to Contractor of the balance due to it under the Contract thirty (30) days after receipt of Contractor’s final invoice following the Completion of Work and after receipt of documentation, as defined in Section 4.4(b) of this Master Agreement. No partial payment to Contractor will operate as approval and/or acceptance of Work done or materials furnished. Any partial payment or payments made by Owner to Contractor will be subject to final audit and adjustment and Contractor must reimburse Owner in the event there is any overpayment. The acceptance by Contractor of final payment constitutes a release by Contractor in favor of Owner and its surety of any claims and/ or liens against Owner and Owner’s property in any way arising under or by virtue of the Contract Documents, except for written claims in stated amounts submitted to Owner prior to final payment. 6.3(d) Condition Precedent to Payment. As a condition precedent to any payment becoming due, Contractor must previously have provided to Owner: (1) the certificates of insurance (or policies) required under this Master Agreement; (2) Contractor’s employer tax identification numbers and any business licenses that apply to the Work; and (3) evidence of payment to and/or lien waivers and releases from laborers, any applicable union trust fund, subcontractors, suppliers, and others with respect to labor, materials and services furnished to Contractor for the Work, all in a form satisfactory to Owner. 6.4 Billing. 6.4(a) Billing Procedures. For Contracts being administered without using Auto Voucher Procedures, invoices must meet the following criteria: (1) Each invoice must show the following and be accompanied by a Payment Authorization Form:  Project Name  Project Number  Contract Number or FPO Number  Change Order number, if applicable  Pay item number, description of item or draw breakdown invoiced and dollar amount (percentage only will not be accepted).  Name of Owner’s Authorized Representative (2) Necessary lien releases, on Owner’s standard forms with original signatures, invoice numbers, phase numbers from Contractor and all subcontractors and suppliers. (3) Final draw or retention, if applicable, will be billed separately, thirty (30) days after the Completion of Work and receipt of documentation, as defined in Section 4.4(b) of this Master Agreement. (4) All invoices must be submitted for payment no more than ninety (90) days after Completion of Work. No invoices will be paid that are received by Owner more than ninety (90) days after the Completion of Work. (5) Contractor’s certification that (1) all information contained in the invoice is true and correct, (2) Contractor is not aware of any basis for the filing of any mechanic’s lien, materialmens’ liens, stop notices, security interests or other liens in connection with the Work and (3) all due and payable bills have been paid to date, or will be paid with the proceeds of the invoice. 6.5 Payment Offset Rights (“Back Charges”). 6.5(a) Right to Withhold Payment. Owner has the right, but is not required, to deduct from any amounts due to Contractor an amount sufficient to completely protect Owner against any and all Losses arising from Contractor’s breach of this Master Agreement or the Contract, including without limitation the following: (1) defective work not remedied in a timely fashion; (2) the assertion by third parties of any claim or lien against Owner or its surety or the Site arising out of Contractor’s performance of the Work, including claims covered by insurance until the claims are accepted without a reservation of rights by the Contractor’s insurer; (3) unsatisfactory progress by Contractor; (4) failure by Contractor to diligently perform punch-list, clean-up, or warranty work; and (5) damage caused by Contractor to the work or property of Owner or other contractors. If Owner exercises this right in good faith, Contractor is not entitled to any interest whatsoever on the money so withheld regardless of the resolution of the dispute. When the cause for any withholding has been remedied by the Contractor to the Owner’s reasonable satisfaction, the amount of such withholding will be paid. 6.5(b) Offset Against Any Contract. Owner may offset against any payment otherwise due Contractor any sum due from Contractor as a result of a breach of the Contract Documents or any other agreement, which Contractor has or did have with Owner. 6.5(c) Payment by Contractor. If there are no sums due to Owner from Contractor, or the sums are insufficient to cover the amounts owed by Contractor to Owner, Owner will invoice Contractor for the amount due and Contractor must submit payment within thirty (30) days. Interest will accrue at the highest rate permitted by law on any amount not paid in thirty (30) days. 6.5(d) Books and Records. Contractor must maintain full and accurate records and books of account necessary to document: (a) All activities undertaken by or on behalf of Contractor in the course of the Work including without limitation all testing, sampling and other work performed by Contractor, its agents and subcontractors; and (b) except for work for which compensation is entirely on a fixed price basis, all charges, expenses and disbursements paid or incurred by Contractor, its agents and subcontractors in performing the Work. Books of account must be kept in accordance with generally accepted accounting principles consistently applied or in another auditable form agreed to by Owner in advance and in writing. Contractor must make all such books and records available to Owner for inspection and copying upon request during normal business hours for a period of at least five (5) years after the Completion of Work under each Contract. Section 7. WARRANTY 7.1 Requirement of Quality. Contractor warrants to Owner that (a) all materials and equipment furnished by Contractor are new (unless otherwise specified in the Contract Documents) and of good quality, (b) the Work is of first-class workmanship and free from defects and (c) the Work conforms with Applicable Requirements, the Contract Documents, where applicable. Any portion of the Work not conforming to these standards, including any substitutions not properly authorized, is deemed defective. 7.2 One Year Warranty. Contractor guarantees all materials and workmanship for a period of one (1) year from the Completion of the Work as directed in the Contract. The warranty period for any corrected portion of the Work will be extended until one (1) year after each correction. This special one-year warranty is in addition to other contractual, implied and statutory warranties. Nothing contained herein will be deemed to limit Contractor’s liability for latent or patent defects or any statutory or implied warranties and it has no relationship to the time within which ot her obligations of Contractor under the Contract Documents may be enforced. 7.3 Correction of Work. As between Owner and Contractor, if any portion of the Work is found to be defective (a) prior to the Completion of Work or (b) during the warranty period, or such longer period of time as may be prescribed by the Contract Documents or Applicable Requirements, then Contractor must promptly repair or replace it to Owner’s satisfaction. Contractor must perform all necessary corrections within the shortest time possible, and must use overtime help and time saving procedures as Owner may require. If Contractor fails to initiate proper corrective action within twenty-four (24) hours after notice from Owner, fails to keep a confirmed appointment with Owner or Owner’s customer, or in the event of an emergency, the problem may be corrected by Owner, at Contractor’s cost. 7.4 Cost of Corrections. Contractor is responsible for all costs arising out of defective Work, including without limitation all costs of detection, correction or delay, Owner’s personnel and other costs allocable to troubleshooting, administration and the like, re-testing and reinspection costs, any consequential or other damages suffered by Owner and the cost of repairing or replacing all other work adversely affected. 7.5 Trained Warranty Personnel. Contractor warrants that it has employees trained or will train employees to perform warranty work. Contractor must provide specific warranty training as directed by Owner, and must provide Owner with a current list of these warranty service providers upon request. Contractor will dispatch ONLY such specially trained individuals to repair or replace Work found to be defective under the terms of the above warranty. 7.6 Product Warranties. Contractor shall provide Owner with copies of all product warranties, which relate to any materials or equipment (collectively referred to as products) installed by Contractor, including all documentation required to be provided to Owner pursuant to Section 4.4(b) above. Section 8. CONTRACTOR’S INDEMNITY 8.1 Defense and Indemnity. To the maximum extent, permitted by law, Contractor shall defend, indemnify and hold harmless the Town of Estes Park and its respective parent corporations, officers, directors, agents, employees, shareholders, affiliates, successors, assigns and related entities (collectively, “Indemnity”) from all losses, claims (including, without limitation, personal injury, bodily injury, death of persons or damage to property), demands, allegations, damages, actions, obligations, causes of action, judgments, liabilities, costs and expenses (including, without limitation, attorneys’ fees, investigation costs, disbursements and court costs incurred as a result of such claims or in enforcing this indemnity provision, at trial and on appeal) (collectively, “Indemnity Losses”) arising out of, in connection with, or resulting from: (a) any breach by or default of Contractor under this Agreement, including, without limitation, the failure of the Work to comply with Contract Documents, deviations in the Work from any plans or specifications provided by Owner; and/or defects in the Work; (b) any alleged or actual infringement or violation of any trademark, patent, copyright, unfair trade or other intellectual property rights arising in connection with the Work, except where Owner specifies a particular process or product of a particular manufacturer and Contractor does not know, and reasonably should not know, of any infringement or violation; (c) the injury or death of any person (including Contractor’s and its subcontractors’ and suppliers’ officers, directors, agents or employees) or damage to property of any kind (including loss of use) arising out of or in any way connected with any of the following acts or omissions by Contractor, its subcontractors, suppliers or others under the control of Contractor or for whom Contractor is responsible: i. any willful misconduct or other intentionally wrongful acts; ii. any acts or omissions giving rise to punitive damages; iii. any acts or omissions in connection with ownership, maintenance, use (including transport of mobile equipment) or loan to others of aircraft, automobiles or watercraft owned or operated by or leased or loaned to Contractor, its subcontractors or suppliers or others under the control of Contractor or for whom Contractor is responsible; or iv. any negligent act, error or omission of Contractor, its subcontractors, suppliers or others under the control of Contractor or for whom Contractor is responsible in connection with the Project, including, without limitation, the negligent performance of, or errors or omissions in, the performance or non-performance of the Work. The defense and indemnity obligations in Section 8.1 will apply regardless of whether the event giving rise to the defense and indemnity obligation is caused in part by the negligence (passive or active), breach of warranty or strict liability of Owner, its architect, engineer, or any Indemnity, but will not apply as to Owner or a particular Indemnity if the Loss is caused solely by the negligence or willful misconduct of Owner or that Indemnity, respectively, or solely by defects in designs furnished by Owner. Contractor’s obligation to indemnify under this Section 8 is independent from and in addition to Contractor’s duty to defend. 8.2 Subcontracts. Contractor shall incorporate the provisions of this Section 8 in written contracts with its subcontractors and suppliers. 8.3 Survival. The provisions of this Section 8 shall survive the Completion of Work and the expiration or earlier termination of this Master Agreement and/or the Contract. Section 9. INSURANCE AND BONDS 9.1 Business Auto Liability Insurance and Workers Compensation and Employer’s Liability Insurance 9.1(a) Business Auto Liability Insurance. Contractor and subcontractors must secure and maintain at their own cost Business Auto Liability Insurance in the amount of $1,000,000 each occurrence combined single limit for bodily injury and/or property damage liability, including coverage for: (a) Owned automobiles. (b) Hired or borrowed automobiles. (c) Non-owned automobiles. Contractor must provide a Certificate of Insurance to Owner evidencing such coverage prior to commencing the Work. The Certificate must include endorsements (1) naming Owner, the owner of the Project, and such additional parties as Owner reasonably designates, as additional insureds and (2) providing thirty (30) days’ written notice to Owner in the event of cancellation or material reduction in coverage, except for non-payment of premiums for which notice will be ten (10) days. 9.1(b) Worker’s Compensation and Employer’s Liability Insurance. Contractor and subcontractors must secure and maintain, at their own cost, Worker’s Compensation and Employer’s Liability Insurance for all operations. Worker’s Compensation insurance shall include coverage under the U.S. Longshoremen’s and Harborworker’s Act, if applicable. The Worker’s Compensation insurance shall be in the form and amount required by applicable statute. The Employer’s Liability minimum limits are as follows: (a) $1,000,000 each accident (b) $1,000,000 each Disease - Policy Limit (c) $1,000,000 Disease – Each Employee Contractor and subcontractors must provide a certificate of insurance evidencing such coverage prior to commencing the work. The Worker’s Compensation policy must contain endorsements providing (i) waiver of subrogation in favor of The Town of Estes Park and (ii) 30 days written notice to The Town of Estes Park in the event of cancellation or reduction in coverage, except for non-payment of premiums, for which notice must be ten days. 9.2 Certificates. Owner will provide all contractors and subcontractors with appropriate evidence of insurance. A separate policy will be issued to each contractor and subcontractor for workers’ compensation and employer’s liability insurance. General liability insurance will be covered through a master policy. A certificate of insurance will be issued to each covered contractor and subcontractor as evidence of the general liability insurance. 9.3 Contractor’s Responsibilities. Contractors and subcontractors must cooperate with Owner and Owner’s insurance administrator. Contractor’s and subcontractors’ responsibilities include without limitation timely (a) providing necessary contract, operations and insurance information, (b) notifying Owner’s insurance administrator of all subcontracts awarded, (c) maintaining and providing monthly payroll records and other records as necessary for premium computation, for a period of at least one year after the Completion of Work (which Owner and insurance companies may audit periodically), (d) complying with loss control, safety, accident prevention and claims reporting and handling procedures, and other procedures specified in the insurance manual to be provided by Owner, (e) maintaining the OSHA 200 Log to be provided monthly to Owner and (f) notifying their insurance brokers and insurers of the coverage provided and immediately reporting all new subcontractors to Owner for potential enrollment . Contractor’s failure to meet the timely reporting requirements to Owner’s insurance administrator will subject Contractor to paying (as set forth in Section 9.5 below) premiums estimated by Owner’s insurance administrator that may otherwise exceed costs determined from timely reports by Contractor. The procedure for Owner’s estimating Contractor’s premium obligations are as set forth in Owner’s Insurance Manual as may be adjusted from time to 9.4 INSURANCE Contractor must secure and maintain, at its own cost, the following insurance coverage and must provide evidence of such insurance via a certificate of insurance. 9.4(a) Worker’s Compensation and Employer’s Liability Insurance shall be as specified in Section 9.1(b). 9.4(b) General Liability Insurance shall be on an occurrence basis with minimum limits as follows: (a) $1,000,000 – Each Occurrence (b) $2,000,000 – General Aggregate General Liability Insurance must include the following coverage: (i) Independent Contractor’s coverage (liability which Contractor may incur as a result of the operations, acts or omissions of subcontractors, suppliers and their agents or employees); (ii) Blanket Contractual coverage, including both oral and written contracts and including obligations assumed by Contractor under this Agreement (including without limitation, coverage to the maximum extent possible for the indemnification contained in this Agreement); (iii) Personal injury coverage; (iv) Broad Form Propety Damage coverage, including completed operations; (v) An endorsement naming Owner and such additional parties as Owner designates as additional insureds. The endorsement must be ISP Form CG2012 11/85 Edition or its equivalent. The endorsement must cover the acts of subcontractors or suppliers; (vi) An endorsement providing the insurance is primary as respects Owner, and any insurance maintained by Owner is excess and non-contributing; and (vii) An endorsement providing 30 days written notice to Owner in the event of cancellation or reduction of coverage, except for non-payment of premiums, for which notice must be ten days. No endorsement limiting or excluding a standard coverage is permitted. Claims- made coverage or modified occurrence is not acceptable. 9.4(c) Business Auto Liability Insurance shall be as specified in Section 9.1(a). 9.4(d) Additional Insurance. Other insurance, in an amount as specified by Owner in any Contract, if required by Owner for a particular Scope of Services. 9.4(e) Insurance Requirements and Limitations. 9.4(e)(1) Certificates and endorsements in a form reasonably acceptable to Owner demonstrating compliance with the above requirements (or at Owner’s request) certified copies of the actual policies) must be delivered to Owner before Contractor performs any Services. 9.4(e)(2) All insurance specified herein or in contract documents to be furnished by Contractor must be issued by a company or companies, which maintain a full profile rating from AM Best of at least A-VIII unless expressly modified in writing by Owner. 9.4(e)(3) Contractor must maintain all of the above insurance coverage in force until final Completion of Services, or earlier cancellation of this Agreement or termination of any Contract, except that the Professional Liability Insurance must be maintained for a period of three years after said date, and if written on a claims made basis must be retroactive to the date Services were first rendered under this Agreement. 9.4(e)(4) If Contractor fails to purchase or maintain the insurance herein specified, Owner will have the right, but not the obligation, to purchase such insurance on behalf of and at Contractor’s cost. Contractor must deliver all information required to facilitate Owner’s purchase. If Contractor’s insurance does not comply with the above requirements, Town of Estes Park will have the right to charge Contractor any additional premium charged by Owner’s insurer. 9.4(e)(5) The use of self-insured retentions or deductibles for professional liability coverage in excess of $50,000 or self-insured retentions or deductibles in excess of $10,000 for all other coverage required by this Section 9 will not be allowed unless specifically approved by Owner in advance and in writing. Contractor is fully responsible for payment of any self-insured retentions or deductibles, regardless of their amount. 9.4(e)(6) The insurance requirements set forth herein will not limit Contractor’s obligations under this Agreement or any Contract. The requirements simply represent the minimum amounts of insurance coverage required to be maintained by Contractor. Any failure by Owner to enforce any of these provisions in a timely manner will not act as a waiver of enforcement of any of the provisions at a later date. 9.4(e)(7) Owner and Contractor waive all rights against each other and subcontractors, suppliers, agents and employees of each other, for damages caused by fire or other perils to the extent covered by property insurance applicable to the Services, but only to the extent that such insurance policies permit such waiver. Each party will obtain a waiver of subrogation endorsement to the policies required to be obtained by it, if applicable. 9.5. Bonds. At any time prior to commencement of any Work, Owner may require Contractor to furnish to Owner, at Owner’s expense, a Performance Bond and or Payment Bond each in an amount specified by Owner, but not to exceed the Contract Price (without bond premiums). The bonds must be in a form and executed by a corporate surety satisfactory to Owner. If Owner demands the bonds, Contractor must not commence any Work until it has furnished the bonds and they have been accepted by Owner. Section 10. TERMINATION 10.1 Termination for Default. 10.1(a) Causes for Termination. Owner, at its option, may terminate Contractor’s right to further perform under the Contract Documents and complete the performance of the Work if Contractor breaches a material provision of the Contract Documents, and such failure or default, if curable, is not corrected within forty-eight (48) hours after written demand by Owner. A material breach includes, without limitation, any of the following: (1) Contractor files, or is the subject of, a petition for bankruptcy, (2) Contractor makes a general assignment for the benefit of its creditors, (3) a receiver is appointed on account of Contractor’s insolvency, (4) a writ of execution or attachment or any similar process is issued or levied against any bank accounts of Contractor, any property or assets of Contractor being used or required for use in the performance of the Work or any substantial portion of any other property or assets of Contractor, (5) Contractor fails to make prompt payment to employees, laborers, subcontractors or suppliers, (6) Contractor refuses or neglects to supply a sufficient number of properly skilled workers or a sufficient quantity of material, (7) Contractor fails to properly and diligently prosecute the Work or (8) Contractor fails to perform the work in accordance with the Applicable Requirements or the Contract Documents. 10.1(b) Completion of Balance of Work. If Owner terminates the Contract under 10.1(a), Contractor will not be entitled to receive any further payment under the Contract Documents until the Completion of Work and expiration of the period in which any lien may be filed. If the unpaid balance of the Contract Price exceeds the expense incurred by Owner to finish the Work, any excess remaining, after deducting any other amounts due Owner under Section 6.5, will be paid to Contractor. If the expense exceeds the unpaid balance, Contractor must immediately pay the difference to Owner. 10.1(c) Non-Exclusive Remedy. Owner’s right to terminate Contractor’s right to perform under this Section 10.1 is in addition to and not in limitation of any other rights or remedies existing under the Contract Documents, at law or in equity, including without limitation the right to recover damages from Contractor. Should any competent authority with jurisdiction, whether an arbitrator or a court, determine that Owner’s termination for cause was in error and that Owner was in breach for so terminating Contractor, the termination will be deemed a termination for convenience and Contractor’s remedies will be limited to those provided in Section 10.2. 10.2 Termination for Convenience. 10.2(a) Termination Procedure. At any time and for any or no reason Owner may terminate: (1) any or all of the Contract(s); and, (2) this Master Agreement for Owner’s convenience by written notice to Contractor. Unless the notice directs otherwise, upon receipt of such notice, Contractor must immediately discontinue the Work and the placing of orders for materials in connection with the Work, and if requested, must make every reasonable effort to procure cancellation of all existing orders or subcontracts upon terms satisfactory to Owner, or at Owner’s option give Owner or Owner’s assignee the right to assume and receive all benefits to be derived from those obligations directly. 10.2(b) Contractor’s Compensation. Upon termination under this Section 10.2, Contractor will be entitled, as its sole compensation, to the lesser of: (1) the actual, verifiable direct costs of the Work completed, plus a markup of fifteen percent (15%) aggregate, for Contractor and subcontractors and suppliers of all tiers, on those Costs for all indirect costs, impact costs, field supervision, administration, overhead and profit, or (2) the percentage of Work completed multiplied by the Contract Price, minus (in both clauses (1) and (2)) the amount of any payments made to Contractor prior to the date of termination and any amounts owed to Owner by Contractor under the Contract Documents. Contractor will not be entitled to any claim against Owner for unearned compensation, lost profits, lost opportunities or other damages. 10.3 Suspension. At any time and for any or no reason Owner may suspend the Work for Owner’s convenience by written notice to Contractor. Upon such suspension, Contractor will be entitled to compensation as outlined in Section 10.2 above for termination for convenience. Contractor will not be entitled to recover from Owner, on account of such suspension, any additional compensation or damages which Contractor incurs as a result of the suspension and subsequent start-up. If the Work is suspended, and then recommenced, the time for performance will be extended by the number of days the Work was actually delayed. If a suspension continues for more than one (1) year, Contractor as its sole remedy will have the option of ter minating the Contract(s) on thirty (30) days’ written notice to Owner. Section 11. DISPUTE RESOLUTION PROCEDURE 11.1 Disputes. For any and all disputes between The Town of Estes Park and Contractor, the parties will endeavor to resolve all such disputes through good faith negotiations. If the parties are unable to negotiate a mutually acceptable resolution, the parties agree to appoint a third party mediator, whose fees they will split evenly. The parties agree to meet in good faith with the mediator in order to attempt to resolve the dispute. The parties expressly waive the right to a jury trial and agree, instead, to binding arbitration as a means to resolve all claims, disputes and other matters that are not within the county in which the project is located or the county in which Owner’s office is located, and pursuant to and governed by the Federal Arbitration Act (9 U.S.C. § 1-16). The arbitration will be administered in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association (“AAA”) or any other entity offering alternative dispute resolution services agreed to by the parties. Pending final resolution of any claim, Contractor will proceed diligently with performance of the Work (unless Owner directs otherwise in writing) and Owner will continue to make payments not the subject of the particular dispute in accordance with this Master Agreement and any applicable Contracts. NOTICE: BY EXECUTING THIS AGREEMENT, CONTRACTOR AND OWNER ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS SECTION 11 DECIDED BY NEUTRAL BINDING ARBITRATION AS PROVIDED BY THE FEDERAL ARBITRATION ACT. OWNER AND CONTRACTOR ACKNOWLEDGE THEY ARE GIVING UP ANY RIGHTS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL AS WELL AS THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, EXCEPT TO THE EXTENT THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THIS SECTION 11. IF OWNER OR CONTRACTOR REFUSE TO SUBMIT TO BINDING ARBITRATION AFTER AGREEING TO THIS PROVISION, THE NON-COMPLYING PARTY MAY BE COMPELLED TO ARBITRATE BY A COURT OF LAW. Section 12. CONFIDENTIAL DISCLOSURE 12.1 Information Furnished by Owner. Information and ideas disclosed to Contractor in connection with the Contract Documents at any time in any form (including without limitation, orally, or in Plans, Specifications, software or other materials) which Owner considers proprietary and so indicates to Contractor at the time of disclosure or within a reasonable time after disclosure (“Proprietary Information”) are entrusted to Contractor only for use on behalf of Owner. Contractor must keep Proprietary Information in confidence and must neither use (other than in performance of the Work) nor disclose Proprietary Information except as authorized in writing by Owner. However, Contractor is not liable for use or disclosure of any Proprietary Information which is shown by clear and convincing proof to either have been known to Contractor at the time of receipt from Owner or to be in the public domain. 12.2 Information Developed by Contractor. Information and ideas developed by Contractor under or in the course of performing the Work are owned by Owner and if Owner so indicates to Contractor, such information and ideas will be treated as Proprietary Information in accordance with Section 12.1. 12.3 Ownership and Use of Documents. The Contract Documents are and will remain the property of Owner. Contractor must return or satisfactorily account for all Contract Documents upon termination or expiration of the Contract Documents and the Completion of Work. 12.4 Confidentiality. Contractor must not divulge information concerning the Work (including for example, cost information in applications of permits and approvals) to anyone other than the core team (consisting of Contractor, Owner and their respective authorized consultants, subcontractors and suppliers) without Owner’s prior written consent unless the information has been made public by Owner. Owner reserves the right to release all information as well as to time its release, form and content. Contractor must ensure that each of its employees, agents, subcontractors and suppliers, who now or subsequently are assigned to perform the Work, will comply with the confidentiality obligations set forth in this Section 12. Contractor must include these obligations in written contracts with agents, suppliers and subcontractors. These requirements will survive termination or expiration of the Contract Documents and the Completion of Work. 12.5 Requests for Disclosure. In the event any third party, including a governmental agency, requests verbal or written information from Contractor, Contractor must immediately notify Owner of such request by telephone, with written confirmation within three (3) days. Contractor must oppose any request on such grounds as Owner may have, or as directed by Owner, whether by legal process or otherwise. In such event, Owner will reimburse the reasonable expense of Contractor’s counsel. In the event the request is before any tribunal, Contractor must advise the tribunal of the confidential or privileged nature of the data requested. If Contractor is nevertheless required pursuant to judicial or administrative order to disclose the information, it may do so. Section 13. MISCELLANEOUS 13.1 Notice. Notices or communications with respect to routine performance and administration of the Work must be given by such means as may be appropriate to provide adequate communication, including written confirmation as necessary. All other notices, consents, requests, demands or other communications to or upon the respective parties must be in writing and will be effective for all purposes upon receipt on any Business Day before 5:00 PM local time and on the next Business Day if received after 5:00 PM or on other than a Business Day, including without limitation, in the case of (a) personal delivery, (b) delivery by messenger, express or air courier or similar courier, (c) delivery by United States first class certified or registered mail, postage prepaid and (d) transmittal by telecopier or facsimile, addressed to the parties at their respective addresses, as set out in the Contract or, if before any Contract, at the addresses below the parties’ signatures. A “Business Day” is any day other than a Saturday, Sunday or federal or state legal holiday. 13.2 No Waiver. Waiver by either party of any breach of this Master Agreement will not constitute a waiver of any subsequent breach of the same or any other provision. 13.3 Interpretation. The Section numbers are not part of the Master Agreement and may not be used for any interpretation of the meaning of this Master Agreement. They are supplied solely for convenience in locating provisions of the Master Agreement. 13.4 Governing Law; Severability. The performance and interpretation of the Contract Documents is governed by the internal laws of Colorado. If any provision of the Contract Documents is held to be invalid, in whole or in part, under any applicable federal, state, municipal or other law, ruling or regulation, then that provision will remain in effect to the extent permitted, and the remaining provisions will remain in full force and effect. 13.5 No Assignment by Contractor. Contractor may not assign, by operation of law or otherwise, any of its rights or obligations under the Contract Documents without Owner’s prior written consent, which may be granted or withheld in Owner’s sole discretion. The making of any assignment by Contractor, or any consent to it by Owner, will in no event relieve Contractor, or its surety, of any of its obligations under the Contract Documents. This Section 13.5 does not apply to the subcontracting by Contractor of a portion of the Work, under the Contract Documents. Subject to the above, the Contract Documents are binding upon and will inure to the benefit of the successors and permitted assigns of the parties. 13.6 Independent Contractor. Contractor is an independent contractor, and nothing in the Contract Documents may be construed to create a principal-agent, partnership, employer-employee or other relationship between Owner and Contractor. Contractor is solely responsible for directing, supervising and bearing all costs associated with its officers and employees, including without limitation (a) payroll taxes and health and other benefits and (b) federal and state taxes and insurance and contributions for social security and unemployment which are measured by wages, salaries or other remunerations paid to Contractor’s employees. 13.7 No Third Party Beneficiaries. No provision contained in the Contract Documents creates or gives to third parties any claim or right of action against Owner or Contractor. 13.8 Fair Construction. The Contract Documents must be construed as a whole in accordance with their fair meaning. 13.9 Attorneys’ Fees. Payment of attorney’s fees in disputes between Owner and Contractor are subject to the Dispute Resolution Procedure in Section 11. 13.10 Early Use By Owner. In its sole discretion, Owner will be permitted to occupy and/or use any portion of the Work, which has been either partially or fully completed by Contractor before the Completion of Work. This use or occupancy will not relieve Contractor of its warranty obligations to make good, at its own expense, any defect in materials, equipment or workmanship. Contractor will not be responsible for the maintenance of such portion of the Work as may be used and/or occupied by Owner, or for any damages whose proximate cause is Owner’s sole negligence or willful misconduct. 13.11 Condition Precedent. A condition precedent to the effectiveness of this Master Agreement is the execution and delivery of a Contract by Owner. 13.12 Survival. Indemnities, insurance requirements, confidentiality requirements, representations a nd warranties, and other provisions which by their nature are intended to continue after the Completion of Work, will survive expiration or termination of the Contract Documents and the Completion of Work. 13.13 Integration; Amendments. This Master Agreement contains the entire understanding between the parties and supersede any prior written or oral agreements respecting the subject matter of this Master Agreement. There are no representations, agreements or understandings, oral or written, between the parties relating to the subject matter of this Master Agreement, which are not fully expressed in this Master Agreement. No act, usage or custom will be deemed to amend or modify this Master Agreement. This Master Agreement may not be modified or amended except in writing signed by the party against whom enforcement is sought. The parties have executed this Master Agreement as of the Effective Date. OWNER: Town of Estes Park By:___________________________________________________________________________ Authorized Agent By: ____________________________________________ Authorized Agent Address for Notices: Town of Estes Park 170 MacGregor Avenue Estes Park, CO CONTRACTOR: By: _________________________________________________________________________ Name: _______________________________________________________________________ Title: ________________________________________________________________________ Date: ______________________________ ___________________________________________ Address for Notices: Phone: Fax: Emergency Phone: Contractor’s Tax I.D. No. _______ Contractor Contacts: Role Contact Name Phone/E-mail Accounting: Bid Contact: Contract Signer: Owner/Principal: END OF SECTION SECTION 005205 TOWN OF ESTES PARK CONTRACT AGREEMENT THIS AGREEMENT is effective as of the day of , 2012 by and between the Town of Estes Park (TOEP), a body corporate and political, P.O. Box 1200, Estes Park, Larimer County, Colorado, 80517, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project includes overlot grading for the MPEC Building and the Stall Barn Building at the Stanley Park Fairgrounds. The project also includes construction of approximately 1,540 linear feet of sanitary sewer from the proposed buildings to an existing Upper Thompson Sanitation District manhole on the east end of the Fairgrounds. Stanley Park Fairgrounds Grading & Sanitary Sewer Improvements Approximate quantities for the major items are as follows: 1. Unclassified Excavation – 3593 CY 2. Rock Excavation – 572 CY 3. Embankment – 4193 CY 4. 8” PVC (SDR 35) – 1524 LF Article 2. PROJECT MANAGER The Project Manager shall be determined by the TOEP Public Works Department, and who is hereinafter called PROJECT MANAGER and who is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to PROJECT MANAGER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES The Work must be completed by January 15, 2013, and ready for final payment in accordance with the General Conditions subject to applicable laws regarding final payment. Article 4. CONTRACTOR PRICE OWNER shall pay the CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to the unit prices times the quantities of work actually completed. Unit prices are those shown in the Proposal and . Quantities of work actually completed will be determined by the PROJECT MANAGER. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by the PROJECT MANAGER as provided in the General Conditions. 5.1 Progress Payments; Retainage. OWNER shall make progress payments per the Town’s Annual Vendor Payment Schedule on account of the Contract Price on the basis of CONTRACTOR's applications for Payment as recommended by PROJECT MANAGER, as provided by the General Conditions during construction as provided in paragraphs 5.1.1 and 5.2 below. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as PROJECT MANAGER shall determine, or OWNER may withhold, in accordance with the General Conditions. a. Ninety-five percent (95%) of Work completed (with the balance being retainage). b. Ninety-five percent (95%) with the balance being retainage of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in the General Conditions). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER will publically advertise the Project Completion for two weeks. Should no liens be officially posted the Owner shall pay the remainder of the Contract Price as recommended by PROJECT MANAGER as provided in the General Conditions. Article 6. INTEREST Following settlement of any claims posted again this Contract; final payment will be made in accordance with the Town’s Annual Vendor Payment Schedule. All moneys not paid when due as provided in paragraph 27 of the General Conditions shall bear interest at the rate of 10% per annum compounded monthly. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda(s)) and the other related data identified in the Bidding Documents including "technical data". 7.2 CONTRACTOR has reviewed the site, and become familiar with, and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance or furnishing the Work. 7.3 CONTRACTOR acknowledges he knows, understands, and accepts all plans, specifications, and design intent of the Work. 7.4 CONTRACTOR acknowledges he has met with the Project Manager and has been in correspondence with the Project Manager and has sought and received clarification of all issues concerning construction and design. 7.5 CONTRACTOR assumes full responsibility and obligation for high quality workmanship and timely completion of this project as illustrated by the plans, drawings, and specifications. 7.6 CONTRACTOR understands that he may make on-site layout and grading and construction modifications to achieve the desired intent. Such modifications/grading changes and layout cost are already included in the Contract Documents. 7.7 CONTRACTOR understands and acknowledges that this Agreement is a performance based Agreement, either based on: 1) unit prices 2) maximum lump sum amount: totaling $ dollar value here that shall not be exceeded or increased, except for contract changes allowed, agreed, and approved in writing. 7.8 CONTRACTOR will work cooperatively with the PROJECT MANAGER to mutually achieve a final product acceptable to OWNER. 7.9 CONTRACTOR shall indemnify, save and hold harmless the OWNER from all damages, claims, and judgments whatsoever (including costs, legal fees, and expenses incurred by the OWNER related to such damages or claims) to the OWNER or claimed by third parties against the OWNER, arising directly or indirectly out of CONTRACTOR'S negligent performance of any of the requirements, provisions, or services furnished under this Agreement. 5.2 7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility fo r obtaining and carefully studying) all examinations, investigations, explorations, tests, reports and studies which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance of furnishing the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 9 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by the CONTRACTOR for such purposes. 7.11 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions. 7.12 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data with the terms and conditions of the Contract Documents. 7.13 CONTRACTOR has given PROJECT MANAGER written notice of all conflicts, errors, or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by PROJECT MANAGER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consisting of the following: 8.1 This Agreement 8.2 Exhibits to this Agreement. 8.3 Notice of Award 8.4 Notice to Proceed. 8.5 Information for Bidders. 8.6 Special Conditions. 8.7 General Conditions. 8.8 Drawings bearing the title: Stanley Park Fairgrounds Grading & Sanitary Sewer Improvements 8.9 Addenda (s). 8.10 Contractor’s Bid. (Bid Proposal, Bid sheet & Appendix) 8.11 Bid Bond 8.12 Performance & Payment Bond 8.13 Drawing or Plans (including CDOT and Larimer County documents as referenced) 8.14 Technical Specifications and Details. 8.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.16 Change Orders (post approval signatures) 8.17 Insurance Certificate, Business License, Tax Certification. 8.18 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. The documents composing the Contract Documents are attached to this Agreement and made part hereof (except as expressly noted otherwise above). Contractors are required to comply with applicable federal, state, and local safety and health laws, regulations and ordinances. There are no Contract Documents other than those listed above. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. In case of conflicting provisions, requirements or discrepancies the order of application of the Contract Documents is as follows: 1. Change Orders for clarification of drawings 2. This Agreement 3. Addenda 4. Drawings 5. Special Conditions General Conditions Article 9. MISCELLANEOUS 9.1 Reference to the General Conditions shall include modification thereto by any Supplementary Conditions issued. 9.2 No assignments by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Except for the intended beneficiaries of any "Labor and Material Payment Bond" executed in conjunction with this Agreement, nothing in this Agreement shall be construed to give any rights or benefits by virtue of this Agreement to anyone other than OWNER and CONTRACTOR, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sale and exclusive benefit of OWNER and CONTRACTOR and not for the benefit of any other party. 9.4 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.5 In the event of default of any of the provisions of this Agreement by either party which shall require the party not in default to commence legal actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non- defaulting party's reasonable attorney fees and costs, including fees of experts, incurred because of the default. Additionally, CONTRACTOR shall indemnify the OWNER for legal expenses and costs incurred by the OWNER by reason of claims filed by suppliers, subcontractors or other parties, against the Retainage held by the OWNER where the OWNER has paid such sums to the CONTRACTOR. 9.6 The OWNER has allocated sufficient funds to pay the contract price. PO#_________________. 9.7 Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.8 The Contractor certifies that the Contractor shall comply with the provisions of CRS 8 - 17.5-101, et seq. The Contractor shall not knowingly employ or contract with an il legal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this contract. The Contractor represents, warrants, and agrees that: · it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and the Department of Homeland Security, · or (ii) otherwise will comply with the requirements of CRS 8-17.5-102(2)(b)(I). The Contractor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Contractor fails to comply with any requirement of this provision or CRS 8-17.5- 101, et seq., the Town may terminate this contract for breach of contract, and the Contractor shall be liable for actual and consequential damages to the Town. 5.3 If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall:(a.) Notify the subcontractor and the Town within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (b.) terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to sub-paragraph (a) above, the subcontractor does not stop employing or contracting with the illegal alien, unless the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and PROJECT MANAGER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by PROJECT MANAGER on their behalf. This Agreement will be effective as provided on the first page hereof. TOWN OF ESTES PARK By: ______________________________ By: __________________________ William C. Pinkham Title: ____________________________ Title: ________________________ (If CONTRACTOR is a corporation attach evidence of authority to sign.) Attest: __________________________ Attest: ______________________ Address for giving notices: Address for giving notices: 170 MacGregor Avenue P. O. Box 1200 Estes Park, Colorado 80517 970-577-3586 END OF SECTION SECTION 006235 APPLICATION FOR PAYMENT FORM Utilize AIA Form G702 and Commitments provided by Town of Estes Park. END OF SECTION SECTION 008100 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS Definitions Wherever used in the Contract Documents, the following terms shall have the meanings set forth which are to include both the singular and plural thereof: Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bid documents or the Contract Documents. Agreement: The written agreement between Town of Estes Park and the Contractor covering the construction of the Project; other Contract Documents attached to the Agreement are made a part thereof. Application for Payment: The form which is to be used by the Contractor in requesting progress or final payments and which is to include the supporting documentation required by the Contract Documents. Bid: The offer or proposal of the Bidder submitted on the prescribed Bid Form setting forth the prices for the Project to be constructed. Bid Form: The form of the offer or proposal setting forth the Project to be constructed. Bid Schedule: The schedule of Bid Items set forth in the Bid Form. Bid Security: A certified or bank check or a Bid Bond issued by a Surety meeting the requirements of these General Conditions. Bidder: Any individual, firm or corporation submitting a bid for the Project contemplated, acting directly or through a duly authorized representative. Bonds: The Bid Bond, The Performance and Payment Bond and any other instrument of security. Change Order: A written order to the Contractor signed by Town of Estes Park, The Owner’s Representative, and the Contractor, acknowledging and authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective date of the Agreement. Completion: The Project or Phase thereof, has progressed to a point where, in the opinion of the Owner’s representative and Town of Estes Park, it is totally complete and the Contractor has fulfilled all obligations under the Contract Documents, except for certain continuing obligations. The aforementioned completion shall be sufficient to meet the requirements set forth for Final Payment and Acceptance in Paragraph 11.16 of the General Conditions. The terms, "complete" and "completed" as applied to the Project refer to completion. Contract: The written agreement executed between Town of Estes Park and the successful Bidder, covering the construction of the Project and the furnishing of labor and materials, by which the Contractor is bound to construct the Project and furnish the labor and materials, and by which Town of Estes Park is obligated to compensate the Contractor therefore at the mutually established and accepted rate or price. Contract Documents: All items specified in Article 7 of the Agreement. Contract Price: The moneys payable by Town of Estes Park to the Contractor under the Contract Documents as stated in the Agreement. Contract Time: The number of days set forth in the Notice to Proceed for the completion of the Project. Contractor: The individual, or entity identified as such in the Agreement, primarily liable for the acceptable performance of the Work and for the payment of all legal debts pertaining to the Project. Day: A calendar day of twenty-four hours measured from midnight to the next midnight. Drawings: The graphic and pictorial portions of the Contract Documents, wherever located and whenever issued, showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, schedules and diagrams. Effective Date of the Agreement: The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. The Owner’s representative: The person or entity named as such in the Agreement. Equipment: All machinery, together with the necessary parts supplied for upkeep and maintenance, and also all tools and apparatus necessary for the proper construction and acceptable completion of the Project. Field Memorandum: A written order to the Contractor issued by the Owner’s representative effecting a change in the Project not involving an adjustment in the Contract Price or an extension of the Contract Time. This may also be referred to as a Design Change Notification or Request for Change. Intention of Terms: Whenever, in the Specifications or upon the Plans, the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import, are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Owner’s representative is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import, shall mean approved by, or acceptable to, or satisfactory to the Owner’s representative, subject in each case to the final determination of Town of Estes Park. Any reference to a paragraph or subparagraph within a section shall include the general provision of the section or sections and paragraph pertinent thereto. Laboratory: The official testing laboratories of Town of Estes Park or such other laboratories as may be designated by the Contract Documents. Modification: (a) a Work Order, (b) a Change Order, or (c) a Supplemental Agreement. Notice of Award: The written notice by Town of Estes Park to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Town of Estes Park will sign and deliver the Agreement. Notice to Proceed: A written notice given by Town of Estes Park to the Contractor fixing the date on which the Contract Time will commence to run and on which the Contractor shall start to perform the obligations under the Contract Documents. Performance and Payment Bond: The approved form of security furnished by the Contractor and the Surety as a guarantee of faithful performance of the Contract and a guarantee that the Contractor will promptly pay in full all bills and accounts for materials and labor used in the construction of the Project. Phase: A portion of the Project defined as such. Plans: The official plans, drawings, working drawings, or supplemental drawings or exact reproductions thereof, approved by the Owner’s representative which show the location, character, dimensions, and details of the Work. Project: The total construction of which the Work may be the whole or a part. Shop Drawings: All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by the Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Project and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by the Contractor to illustrate material or equipment for some portion of the Project. Special Conditions: The specific clauses setting forth conditions or requirements peculiar to the Project, covering work or materials involved in the Bid which are not thoroughly or satisfactorily stipulated in the General Conditions or Specifications. Subcontractor: An individual or entity having a direct contract with the Contractor or with any other Subcontractor for the performance of a portion of the Work. Substantial Completion: The Project (or a specified part or Phase thereof) has progressed to the point where, in the opinion of the Owner’s representative as evidenced by a written opinion as to Substantial Completion, it is sufficiently complete in accordance with the Contract Documents, so that the Project (or specified part or Phase thereof) can be utilized or partially utilized for the purposes for which it was intended. The terms "substantially complete" and "substantially completed" as applied to the Project refer to Substantial Completion thereof. Superintendent: Executive representative for the Contractor present on the Project at all times, authorized to receive and fulfill instructions from Town of Estes Park or the Owner’s representative and capable of superintending the Project efficiently. Supplemental Agreement: A written agreement executed by the Contractor and by Town of Estes Park covering work not included in the Plans or Bid or as specified in paragraph 6.3 which is necessary or desirable to the proper completion of the Project. Surety: The corporate body or individuals who are bound by the Performance Bond and the Payment Bond with and for the Contractor, and which engage to be responsible for the entire and satisfactory fulfillment of the Contract and for the payment of all debts incurred in fulfilling the Contract. Technical Specifications: Written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship for construction of the Project. Work: The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations . The Work may constitute the whole or a part of the project. Work Order: An order issued by Town of Estes Park to the Contractor to increase, decrease or stop Work or any portion of the Work. * * * * PRELIMINARY MATTERS Contractor Qualification Statement The Bidder shall complete and submit the attached Contractor's Qualification Statement at the time of bid. The Bidder shall include in the experience profile projects of at least the size and complexity shown in the Contract Documents. These projects shall have been successfully completed and placed into service, both within the last three years. Certificates of Insurance Before any work at the site is started, the Contractor shall deliver to Town of Estes Park certificates (and other evidence requested by Town of Estes Park) of insurance which the Contractor is required to purchase and maintain in accordance with Article 5. Approval of Contract No Contract is binding upon Town of Estes Park until it has been fully executed by Town of Estes Park and delivered to the Contractor. Sets of Documents Town of Estes Park shall furnish to the Contractor one set of the executed Contract Documents. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Time The Contract Time will commence upon issuance of the Notice to Proceed and verified by the dates shown on this document. The Owner’s representative Town of Estes Park shall provide an Owner’s representative to observe construction and to check that the Work is proceeding in accordance with the Contract Documents and drawings. The Owner’s representative shall decide any and all questions which may arise as to the interpretation of the plans and specifications and shall have authority to reject materials and equipment furnished and Work performed which, in the Owner’s representative's opinion, is not in accordance with the Contract Documents. The Owner’s representative shall at all times have access to the Work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the Work. Whenever the Contractor varies the normal period during which Work or any portion of it is carried on each day, 48-hour notice shall be given to the Owner’s representative so that the Owner’s representative may be present to observe the Work in progress. If the Contractor fails to give such timely notice, any Work done in the absence of the Owner’s representative will be subject to rejection. The Contractor shall give timely notice to the Owner’s representative in advance of backfilling or otherwise covering any part of the Work so that the Owner’s representative may observe such part of the Work before it is concealed. The Owner’s representative shall decide any and all questions that may arise as to the quality and acceptability of the materials and/or progress of the Work. The Owner’s representative shall decide all questions which may arise as to the interpretation of the drawings and specifications, all questions as to the acceptable fulfillment of the Contract, and all disputes and mutual rights by the Contractor. The observation by the Owner’s representative of the Work shall not relieve the Contractor of any obligations to fulfill the Contract as prescribed. Defective work shall be made good, and materials and equipment furnished and Work performed which is not in accordance with the Contract Documents may be rejected notwithstanding the fact that such materials, equipment, and Work have been previously observed by the Owner’s representative or that payment therefore has been included in an estimate for payment. Starting the Project The Contractor shall start construction of the Project on the date when the Contract Time commences to run. However work may occur prior to these dates with prior authorization by Town of Estes Park. Work occurring prior to issuance of the Notice to Proceed will not be counted towards the total contract days allotted to this project. Delays occurring prior the Notice to Proceed will not be cause for extension of the contract end dates. Location of Work The location of the project is shown on the Drawings. Before Starting Construction Before undertaking each portion of the Project, the Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Contractor shall promptly report in writing to the Owner’s representative and Town of Estes Park any conflict, error or discrepancy which the Contractor may discover; however, the Contractor shall not be liable to Town of Estes Park or the Owner’s representative for failure to report any conflict, error or discrepancy in the Drawings or Technical Specifications, unless the Contractor had actual knowledge thereof or should reasonably have known thereof. Schedules Unless otherwise set forth in Special Conditions, an updated production schedule shall be maintained at all times by the Contractor. No schedule shall exceed the time limits set forth in the Contract Documents. Schedules shall be updated as necessary to reflect current status. The Contractor shall strictly conform to the most recent schedules. The Contractor shall submit a detailed schedule within seven (7) days from receipt of the effective date of the Agreement. The preliminary schedule shall indicate the starting and completion dates of the various stages of the project by crew. It is intended that maximum input shall be provided by the Contractor's supervisory personnel in preparing the schedule. Comments shall be incorporated into the schedule and resubmitted for Town of Estes Park' acceptance on the date Work is to begin as stated in the Notice to Proceed. All costs related to the preparation of the schedule shall be included in the Contract Price. The schedule shall include, but not be limited to: shop drawing; submittal; fabrication and delivery schedules of materials and equipment; construction activities of each component; deadlines to be met as set forth in the Contract Documents; coordination activities with other contractors; schedule of submittals other than shop drawings; inspection require - ments by Town of Estes Park and the Owner’s Representative, and other governmental agencies; tests submittal for materials; equipment and construction; and such other items which may be required for developing a detailed schedule. All activities of Town of Estes Park and the Owner’s representative that affect progress shall also be shown. All schedules shall be subject to review and requested change. All such changes shall be incorporated by the Contractor and the revised schedule resubmitted within seven calendar days after receiving a request for such modification. The Contractor shall include in the construction schedules updated information and coordination activities on any project listed in the Special Conditions to be constructed by other contractors, which will have an effect on the Contractor's schedule. The Contractor shall immediately advise Town of Estes Park of any proposed changes in the construction schedule that affect the critical path and shall furnish a revised schedule within (7) seven calendar days of the adoption of the change. Construction Schedule Updates The Contractor shall update the schedules on bi-weekly intervals during the active construction periods. Preconstruction Conference Within three days (3) prior to the issuance of the Notice to Proceed, but before the Contractor starts work at the Project site, a conference will be held to review the schedules referred to in fore mentioned paragraphs; to establish procedures for handling Shop Drawings and other submittals; for processing Applications for Payment; to establish such working understandings among the parties as to the progress of the Project and determine a schedule for job-site progress meetings. The Contractor is advised that schedules in accordance with fore mentioned paragraphs are absolutely required and will be maintained throughout progress of the Work. Project Coordination Single Contractor Responsibility The Contractor is responsible for the coordination of all the Work, whether performed by its own personnel or its Subcontractors, and will maintain such procedures as necessary to keep its workers and suppliers informed of project progress so as not to unnecessarily delay completion of the Work. Job-Site Progress Meetings The Owner will conduct periodic job-site meetings at intervals to be determined at the pre construction conference, for the purpose of reviewing, scheduling and coordinating project progress, as well as other matters of general interest to the project. Representatives from the Contractor and their subcontractors shall be required to attend all meetings. Attendees at this meeting shall have knowledge of the schedule and the ability to redirect crews to adapt to required schedule changes, to address schedule concerns, or to address deficiencies noted during these meetings. The Owner’s representative will keep a written record of the minutes of each meeting, and make the records available for review by any person attending any meeting. The contractor shall provide a job trailer on site, suitable for conducting this meeting. The cost for this trailer shall be included in the base bid. * * * * * CONTRACT DOCUMENTS: INTENT AND REUSE Intent It is the intent of the Contract Documents to describe a complete Project which may be utilized for its intended purposes. The Contract Documents comprise the entire agreement between Town of Estes Park and the Contractor concerning the Project. They may be altered only by a Modification. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. Discrepancies If, during the construction of the Project, the Contractor finds a conflict, error or discrepancy in the Contract Documents, the Contractor shall report it to the Owner’s representative in writing at once and before proceeding with construction of the Project affected thereby; however, the Contractor shall not be liable to Town of Estes Park or the Owner’s representative for failure to report any conflict, error or discrepancy in the Technical Specifications or Drawings unless the Contractor had actual knowledge thereof or should reasonably have known thereof. Inferences Any work that may reasonably be inferred from the Technical Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well-known technical or trade meaning are used to describe the Project, work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall mean the latest specification, manual or code in effect at the time of opening of Bids except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Town of Estes Park, the Contractor or the Owner’s representative, or any of their agents or employees from those set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by the Owner’s representative as provided for in Article 7. Reuse of Documents Neither the Contractor nor any Subcontractor, manufacturer, fabricator, supplier or distributor shall have or acquire any title to or ownership rights in any of the Drawings, Technical Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the Owner’s representative; and shall not reuse any of them on extensions of the Project or any other project without written consent of Town of Estes Park and the Owner’s representative and specific written verification or adoption by the Owner’s representative. * * * * * PHYSICAL CONDITIONS Physical Conditions--Investigations and Reports The Special Conditions identify those reports of investigations and tests of subsurface and latent physical conditions which have been relied upon by the Owner’s representative in preparation of the Drawings and Technical Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract Documents. Unforeseen Physical Conditions If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than (3) three working days after first observance of the conditions. The Owner’s representative will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractors' cost of, or time required for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Price or Contract Time, or both. If the Owner’s representative determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Owner’s representative shall so notify Town of Estes Park and the Contractor in writing, stating the reasons. If Town of Estes Park or the Contractor disagree with the Owner’s representative's determination, the matter shall be referred to the Owner’s representative pursuant to paragraph 6.8 within 7 calendar days. * * * * * INDEMNITY, BONDS AND INSURANCE REQUIREMENTS General Refer to requirements set forth in the Town of Estes Park Master Agreement for insurance requirements. The Contractor shall not commence construction of the Project under the Contract Documents until all insurance required by the Contract Documents has been obtained and approved by Town of Estes Park, nor shall the Contractor allow any Subcontractor to commence work on the Project until all similar insurance required of the Subcontractor has been obtained and approved. Performance and Payment and Other Bonds The Contractor shall furnish a Performance and Payment Bond, in the amount of 100% of the final contract value to be submitted at the time contract is executed, as security for the faithful performance and payment of all the Contractor's obligations under the Contract Documents. This Bond shall remain in effect until substantial completion of the project. The Contractor shall also furnish such other Bonds as are required by the Special Conditions. All Bonds shall be executed by such Sureties as (i) are licensed to conduct business in the State of Colorado and (ii) are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Fiscal Service, Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds shall be accompanied by a certified copy of the agent's authority to act. The authority of the agent shall be unqualified and must indicate the maximum dollar amount, if any, of the agent's authority. The Bidder shall deliver, if required, the Bonds at the time of delivery of the executed Agreement. The Contractor will be required to provide Town of Estes Park with a Warranty Bond upon substantial completion of project, initial acceptance of the project from the governing municipality or jurisdiction, and prior to the release of retention for the Project. The Warranty Bond will be in amount of twenty percent (20%) of the final contract value. Substitution of Surety If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Colorado or it ceases to meet the requirements of clauses contained in the General Conditions, the Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to the Project Owner. Additional Insured Town of Estes Park and the Owner’s representative (director, officers, employees and agents) shall be included as Additional Insureds under the Contractor's policies, and the policies shall be endorsed to be primary and non-contributory with any insurance maintained by Town of Estes Park or the Owner’s representative, their subsidiaries, directors, officers, employees and agents (show endorsement on the Insurance Certificate). Each policy shall also include a cross liability clause such that the insurance applies separately with respect to each insured except as to policy limits. Deductibles If any insurance requires deductibles, the Contractor shall pay costs not covered because of such deductibles. Term of Insurance Required All insurance policies required pursuant to these Contract Documents shall remain in effect until final payment and at all times thereafter when the Contractor may be correcting, removing or replacing defective Work in accordance with Paragraph 12.5. * * * * * SCOPE OF WORK Intent of Plans The intent of the Plans is to describe a complete project which the Contractor undertakes to do in full compliance with the Contract Documents. The Contractor shall perform all items of work covered and stipulated in the Contract Documents, all in accordance with the lines, grades, cross sections and dimensions shown on the Plans. The Contractor shall furnish, unless otherwise provided in the Plans, all materials, equipment, implements, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Project. Extraordinary Conditions Should any construction or conditions which are not thoroughly or satisfactorily stipulated or set forth by the Plans be encountered on the Project, special conditions for such work may be pre- pared and shall be considered as part of the Contract Documents. Changes and Increased or Decreased Quantities of Work Town of Estes Park reserves and shall have the right to make such changes, from time to time, in the Drawings, to the character or quantity of the work as may be considered necessary or desirable to complete fully and acceptably the construction of the Project in a satisfactory manner, provided such changes do not alter the total cost of the Project, based on the originally estimated quantities and the unit prices bid, or lump sum bid, by more than twenty-five percent (25%), and provided further that such changes do not alter the total cost of any major item, based on the originally estimated quantities and the unit prices bid or schedule of values by more than twenty-five percent (25%). (A major item shall be construed to be any item, the total cost of which is equal to or greater than ten percent (10%) of the total Contract Price, computed on the basis of the Bid quantity and the Contract unit prices, lump sum prices or schedule of values amount.) Any such changes shall be authorized by a Work Order executed by Town of Estes Park and the Contractor. Should it become necessary, for the best interest of Town of Estes Park, to make changes in excess of that herein specified, the same shall be covered by a Supplemental Agreement. The Contractor shall not start work on any change requiring a Supplemental Agreement until the Supplemental Agreement setting forth the adjusted prices is executed by Town of Estes Park and the Contractor. In case a satisfactory adjustment in price cannot be reached for any item requiring a Supplemental Agreement, Town of Estes Park reserves the right to terminate the Contract as it applies to the items in question and make such arrangements as may be deemed necessary to complete the Project. The Owner’s representative may authorize minor changes in the Project not involving an adjustment of Contract Price or Contract Time, which are consistent with the overall intent of the Contract Documents. Said minor changes shall be initiated by Field Memorandum and shall be binding on Town of Estes Park and the Contractor, and shall be performed promptly by the Contractor. Deleted Items The Owner’s representative or Town of Estes Park may, in writing, order any item, other than a major item, deleted from the Project and such deletion shall not be a waiver of any condition of the Contract Documents nor invalidate any of the provisions thereof. Major items may be deleted by Supplemental Agreements. The Contractor will be paid for all work done on deleted items as provided in Article 11. Extra Work When work is necessary to the proper completion of the Project for which no quantities or prices were given in the Bid or Contract Documents, the same shall be called extra work and shall be performed by the Contractor when so authorized in writing by a Work Order. Extra work shall be performed by the Contractor in accordance with the Contract Documents in a proper and workmanlike manner and as may be authorized. Prices for extra work shall be itemized and covered by a Modification submitted by the Contractor and approved by Town of Estes Park prior to the actual starting of such work. Claims for extra work not authorized in writing prior to the work being done will be rejected. Claims If the Contractor wishes to make claim for an increase or decrease in the Contract Price, written notice as provided herein shall be given before proceeding to execute the work. Prior notice is not required for claims relating to an emergency endangering life or property. If the Contractor believes cost adjustment is involved for reasons including but not limited to (1) a written interpretation from the Owner’s representative, (2) an order by Town of Estes Park to stop the work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Owner’s representative, (4) failure of payment by Town of Estes Park, (5) termination of the Contract by Town of Estes Park, (6) Town of Estes Park's suspension of the Work or (7) other reasonable grounds, a claim shall be filed in accordance with the procedure established in this Article. Claims for Additional Time If the Contractor wishes to make claim for an increase in the Contract Time, written notice shall be given. The claim shall include an estimate of cost and of probable effect of delay on progress of the Work. In the case of a continuing delay only one claim is necessary. Except for suspensions under Paragraph 10.7, if adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated, and that weather conditions had an adverse effect on the scheduled construction. All claims related to adverse weather conditions as stipulated in 6.72 shall be submitted no later than ten calendar dates following the end of the event. Claims submitted later than this time frame will be rejected. Resolution of Claims and Disputes The Owner’s representative will review claims and take one or more of the following preliminary actions within ten days of receipt of a claim: (1) request additional supporting data from the claimant, (2) submit a schedule to the parties indicating when the Owner’s representative expects to take action, or (3) recommend approval or rejection of the claim in whole or in part, stating reasons therefore. The Owner’s representative may also, but is not obligated to, notify the surety, if any, of the nature and amount of the claim. If a claim has been resolved, the Owner’s representative will prepare or obtain appropriate documentation. If a claim has not been resolved, the party making the claim shall, within ten days after the Owner’s representative's preliminary response, take one or more of the following actions: (1) submit additional supporting data requested by the Owner’s representative, (2) modify the initial claim or (3) notify the Owner’s representative that the initial claim stands. If a claim has not been resolved after consideration of the foregoing and of further evidence presented by the parties or requested by the Owner’s representative, the Owner’s representative will notify the parties in writing that the Owner’s representative's decision will be made within seven days, which decision shall be final and binding on the parties. Upon expiration of such time period, the Owner’s representative will render to the parties the Owner’s representative's written decision relative to the claim, including any change in the Contract Price or Contract Time or both. If there is a Surety and there appears to be a possibility of a the Contractor's default, the Owner’s representative may, but is not obligated to, notify the Surety and request the Surety's assistance in resolving the controversy. Continuing Contract Performance Pending final resolution of a claim, the Contractor shall proceed diligently with performance of the Contract and Town of Estes Park shall continue to make payments in accordance with the Contract Documents. * * * * * PROSECUTION OF THE PROJECT Authority of the Owner’s representative The Owner’s representative will have authority to reject defective work and will also have authority to require special inspection or testing of the work, whether or not the work is fabricated, installed or completed. The Owner’s representative shall decide any and all questions which may arise as to the quality and acceptability of the materials furnished, the work performed, and the manner of performance. The Owner’s representative shall decide all questions which may arise as to the interpretation of the Plans, General and Special Conditions and Technical Specifications, all questions as to acceptable fulfillment of the Contract Documents, all disputes by the Contractors, if there be more than one Contractor on the Project, and all questions as to compensation. The decision of the Owner’s representative shall be final and the Owner’s representative shall have authority to make effective such decisions and to compel the Contractor to carry out all orders promptly. The Owner’s representative shall be authorized to observe work performed, materials furnished, and evaluate the rate of progress of the work on the project. Such observation may extend to any part of the Project and to the preparation, fabrication, or manufacture of the materials to be used. The Owner’s representative is authorized to call to the attention of the Contractor any failure of the Work or materials to conform to the Contract Documents. The Owner’s representative shall have the authority to reject materials or suspend work on the Project not conforming to Contract Documents until any questions at issue can be referred to and decided between the Owner’s representative and Town of Estes Park. The Owner’s representative shall issue a written directive giving the reason for suspending work. After placing the directive in the hands of the Superintendent in charge, the Owner’s representative shall immediately leave the job. Work done during the absence of the Owner’s representative will not be accepted nor paid for. The Owner’s representative shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the management of the Work by the latter. Any advice which the Owner’s representative may give the Contractor shall in no way be construed as releasing the Contractor from fulfilling all of the terms of the Contract Documents. The observation, if any, by the Owner’s representative of the Work shall not relieve the Contractor of any of his obligations to fulfill the Contract as prescribed. Defective work shall be made good, and materials and equipment furnished and Work performed which is not in accordance with the Contract Documents may be rejected notwithstanding the fact that such materials, equipment, and Work have been previously observed by the Owner’s representative or that payment therefore has been included in an estimate for payment. Decision of the Owner’s representative Claims, including those alleging an error or omission by the Owner’s representative, shall be referred initially to the Owner’s representative for action as provided in Article 6. A decision by the Owner’s representative shall be required as a condition precedent to litigation of a claim between the Contractor and Town of Estes Park as to all such matters arising prior to the date final payment is due, regardless of whether such matters relate to execution and progress of the Work or the extent to which the Work has been completed. The decision by the Owner’s representative in response to a claim shall not be a condition precedent to litigation in the event the Owner’s representative has failed to render a decision within agreed time limits, the Owner’s representative has failed to take action required under Article 6 within 30 days after the claim is made, 120 days have passed after the claim has been referred to the Owner’s representative. Plans, Shop Drawings, Samples and Product Data The Drawings show the character and scope of the construction of the Project and have been prepared or approved by the Owner’s representative and are referred to in the Contract Documents. Drawings and Technical Specifications are complementary each to the other, and what is called for by one shall be as binding as if called for by both. Data presented on Drawings are as accurate as planning can determine, but accuracy is not guaranteed and field verification of all dimensions, locations, levels, etc., to suit field conditions is directed. The Contractor shall review all structural, process, and mechanical plans and adjust all work to conform to all conditions shown therein. The mechanical process Drawings shall take precedence over all other Drawings. Discrepancies between different Plans, or between Plans and Technical Specifications, or regulations and codes governing the installation shall be brought to the attention of the Owner’s representative in writing as soon as said discrepancies are noticed. In the event such discrepancies exist and the Owner’s representative is not so notified, the Owner’s representative shall reserve the right to exercise sole authority in making final decisions in resolution of such conflict. It is mutually agreed that all authorized alterations affecting the requirements and information given on the approved Plans shall be in writing and approved by the Owner’s representative. When at any time reference is made to "The Plans," the interpretation shall be the Plans as affected by all authorized alterations then in effect. Plans will be supplemented by such Shop Drawings to be prepared by the Contractor as are necessary to adequately control the construction of the Project. After checking and verifying all field measurements and approving of Shop Drawings, the Contractor shall submit seven copies of Shop Drawings to the Owner’s representative for review, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9). Shop Drawings shall have been checked by and stamped with the approval of the Contractor and identified as the Owner’s representative may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and like information to enable the Owner’s representative to review the information as required. The Contractor shall include all required physical samples to illustrate materials, equipment or workmanship which establish standards by which completed work is judged. These samples must be of sufficient size and clarity, and be in sufficient quantity, to clearly illustrate functional characteristics and the full range of colors, patterns, textures or other properties which will be actually produced. The Contractor shall include manufacturers' schematic drawings, catalog sheets, brochures, diagrams, schedules, performance charts, illustrations, test reports, certificates of compliance, and other descriptive data not included on shop drawings. The Contractor shall modify standard descriptive data to delete information which is not applicable, and clearly identify pertinent data. The Contractor shall identify all submittals with the following information, as applicable: Project title and Town of Estes Park' contract number. Name of Contractor, originating Subcontractor or supplier. Submittal date and all revision dates. Identification of product or material by name and specification section number. Applicable conformance standards Certification of Contractor's review shall be included. The Contractor shall identify any deviations from Contract Documents. A 3-inch x 3-inch minimum space shall be provided for the Owner’s representative review signature. Submittals shall be made with a letter of transmittal to the Owner’s Representative by the Contractor, and not by Subcontractors, suppliers or manufacturers. The cost of furnishing all Shop Drawings shall be borne by the Contractor. The costs incurred by the Owner’s Representative for more than two reviews of the Shop Drawings will be paid by the Contractor. At the time of each submission, the Contractor shall in writing call the Owner’s representative's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contractor Documents. The Owner’s representative will review Shop Drawings and samples. Such review shall be completed in no less than 3 calendar days nor more than 7 calendar days. The Owner’s representative's review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate approval of the assembly in which the item functions. The Contractor shall make any corrections required by the Owner’s representative and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for the Owner’s representative's review. The Contractor shall direc t specific attention in writing to revisions other than the corrections called for by the Owner’s representative on previous submittals. The Contractor's approval of any Shop Drawing or sample shall constitute a representation to Town of Estes Park and the Owner’s representative that the Contractor has either determined and verified all quantities, dimen- sions, field construction criteria, materials, catalog numbers, and similar data or assumes full responsibility for doing so, and that the Contractor has reviewed or coordinated each Shop Drawing or sample with the requirements of the Project and the Contract Documents. Where a Shop Drawing or sample is required by the Technical Specifications, no related work shall be commenced until the submittal has been reviewed and approved by the Owner’s representative. The Owner’s representative's review of Shop Drawings or samples shall not relieve the Contractor from responsibility for any deviations from the Contract Documents unless the Contractor has in writing called the Owner’s representative's attention to such deviation at the time of submission and the Owner’s representative has given written concurrence and approval to the specific deviation, nor shall any concurrence or approval by the Owner’s representative relieve the Contractor from responsibility for errors or omissions in the Shop Drawings. Operating Manuals and Parts Lists The Contractor shall submit five (5) complete Operating Manuals and Parts Lists to the Owner’s representative for all items of mechanical and electrical equipment incorporated into the Work, unless specified otherwise in the Special Conditions or Technical Specifications. Record Documents Record Drawings. A set of Drawings shall be maintained at the Project site, with all changes or deviations from the original Drawings neatly marked thereon in brightly contrasting color. The appropriate drawing shall be legibly marked to record, where applicable: Field changes of dimension and detail made during construction process. Changes made by Change Order or Supplemental Agreement. Details not on original Drawings. These shall be a separate set of Drawings, not used for construction purposes, which shall be kept up to date and clean as the job progresses and shall be made available for inspection by the Owner’s representative at all times. The Owner’s representative shall inspect the Record Drawings prior to approval of any Application for Payment. Upon completion of the Project, this set of Drawings shall be delivered to the Owner’s representative. Record Specifications and Addenda The Contractor shall legibly mark up each Section of the Technical Specifications to record: Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. Changes made by Change Order or Supplemental Agreement. Other matters not originally specified. Maintenance of Documents. The Contractor shall maintain at the job site one record copy of the Drawings, Technical Specifications, Shop drawings, Change Orders, Modifications, field test records and other documents submitted by the Contractor in compliance with the Contract Documents. These documents shall be maintained at the job site apart from documents used for construction. These documents are not to be used for construction purposes. The documents shall be maintained in clean, legible condition. The documents shall be made available at all times for inspection by the Owner’s representative or Town of Estes Park. Labeling. Each document shall be labeled "PROJECT RECORD COPY" in 2-inch high printed letters. The record documents shall be kept current. No work shall be permanently concealed until required information has been recorded. Submittal. With the final application and payment, the Contractor shall deliver Record Drawings to Town of Estes Park. The transmittal letter shall be accompanied, in duplicate, with: Date, project title and number. Contractor's name and address. Title and number of each record document. Certification that each document as submitted is complete and accurate. Signature of the Contractor or his authorized representative. Shop Drawings The Contractor shall maintain the Shop Drawings as Record Drawings and shall legibly annotate Shop Drawings to record changes made after review. A red felt-tip marking pen shall be used for all recording. Coordination of Plans The Plans, Technical Specifications and all supplementary plans and documents, are essential parts of the Contract Documents, and a requirement occurring in one is just as binding as though occurring in all. They are intended to be complementary to describe and provide for a complete Project. The Contractor shall not take advantage of any apparent error or omission in the Plans. In the event the Contractor discovers any apparent conflict, error or discrepancy, the Contractor shall immediately call upon the Owner’s representative for an interpretation and decision, and such decision shall be final. Any apparent error or discrepancy must be resolved before the Contractor proceeds with the Work affected thereby. In resolving such conflicts, errors and discrepancies, the documents shall be given preference in the following order (unless it would clearly be erroneous to do so): (1) Agreement; (2) Technical Specifications; (3) Drawings; (4) reference standards. Within the Contract Documents the order of precedence is as follows: (1) Addenda; (2) Instructions to Bidders; (3) Special Conditions; (4) General Conditions; (5) Technical Specifications. With reference to the Drawings, the order of precedence is as follows: (1) Shop Drawings; (2) Contract Drawings. In all Drawings, figures govern over scaled dimensions. Quantities shown graphically shall take precedence over written quantities. Cooperation of the Contractor The Contractor shall have available on the Project at all times one (1) copy of the Plans and Technical Specifications, exclusive of the set designated for Record Drawings. The Contractor shall give to the Project the constant attention necessary to facilitate the progress thereof, and shall cooperate with the Owner’s representative and with other contractors in every way possible. The Owner’s representative shall designate the sequence of construction in case of controversy between contractors. The Contractor shall have a competent Superintendent on the Project at all times who is fully authorized as the Contractor's agent on the Project. The Superintendent shall be capable of reading and thoroughly understanding the Plans and Technical Specifications and shall receive and fulfill instructions from the Owner’s representative. The Superintendent shall have full authority to construct the Project specified in the Contract Documents without delay and to promptly supply materials, tools, plant equipment and labor as may be required to construct the Project. Such Superintendent shall be furnished irrespective of the amount of work subcontracted. The Superintendent shall have authority to act on behalf of the Contractor. All communications given to the Superintendent shall be as binding as if given to the Contractor. Construction Stakes The Contractor will provide all surveying stakes required for layout. Costs for restaking areas shall be paid by the contractor if restaking is required from neglect or damage caused by the contractor or their subcontractors. Tests, Inspections and Uncovering Work The Contractor shall give the Owner’s representative timely notice of readiness of the Project for all required inspections, tests or approvals. The Contractor shall furnish all labor and facilities necessary to accommodate inspections and tests. If any law, ordinance, rule, regulation, code, or order of any public body having jurisdiction requires any work (or part thereof) to specifically be inspected, tested or approved, the Contractor shall assume full responsibility thereof, pay all costs in connection therewith and furnish Town of Estes Park the required certificates of inspection, testing or approval. The Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with the Owner’s representative's acceptance of a manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Project, or of materials or equipment submitted for review prior to the Contractor's purchase thereof for incorporation in the Project. The cost of all other inspections, tests and approvals required by the Contract Documents shall be paid by the Contractor (unless otherwise specified). In the event any tests do not pass initially, and therefore must be performed again, all such extra tests shall be paid for by the Contractor. All inspections, tests or approvals other than those required by law, ordinance, rule, regulation, code or order of any public body having jurisdiction shall be performed by organizations acceptable to the Owner’s representative. If any part of the Project that is to be inspected, tested or approved is covered without concurrence of the Owner’s representative, it must, if requested by the Owner’s representative, be uncovered for observation. Such uncovering shall be at the Contractor's expense unless the Contractor has given the Owner’s representative timely notice of the Contractor's intention to cover such part of the Project and the Owner’s representative has not acted with reasonable promptness in response to such notice. If the Owner’s representative requests it, the Contractor shall, at any time before acceptance of the Project, remove or uncover portions of the finished work that the Owner’s representative believes have not met standards set forth in the Contract Documents. After examination, the Contractor shall restore said portions of the work to the standard required by the Plans and Technical Specifications. Should the work thus exposed, examined or tested prove acceptable, the uncovering, or removing, and the replacing of the coverage or making good of the parts removed, shall be paid for as Extra Work as provided for in Paragraph 6.5 hereof; but should the work so exposed, examined or tested prove unacceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. Neither observations by the Owner’s representative nor inspections, tests or approvals by others shall relieve the Contractor of his obligations to construct the Project in accordance with the Contract Documents. The Contractor shall be responsible for the cost of any additional testing required to substantiate the quality and quantity of the Work. Additional testing shall be that which is done beyond what is required by the appropriate agencies to substantiate the Work. Defective or Unauthorized Work All defective work shall be repaired, or, if it cannot be satisfactorily repaired, be removed and replaced at the Contractor's expense. Work done without lines and grades having been given, work done beyond the lines and grades shown on the Plans except as herein provided, work done without proper inspection, or any extra work done without written authority, is done at the Contractor's risk and will be considered unauthorized and, at the option of the Owner’s representative, may not be measured or paid for and may be ordered removed and replaced at the Contractor's expense. Upon the failure of the Contractor to repair satisfactorily or to remove and replace unauthorized work immediately after receiving formal notice from the Owner’s representative, Town of Estes Park may recover for such defective work on the retainage or by action in a court having proper jurisdiction over such matters, or may employ labor and equipment and satisfactorily repair or remove and replace such work and charge the cost of the same to the Contractor. In exercising the rights under this paragraph, Town of Estes Park shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, Town of Estes Park may exclude the Contractor from all or part of the site, take possession of all or part of the Project, and suspend the Contractor's services related thereto, take possession of the Contractor's tools, appliances, construction equipment and machinery at the site and incorporate in the Project all materials and equipment stored at the site or for which Town of Estes Park has paid the Contractor but which are stored elsewhere. The Contractor shall allow the Owner’s representative, Town of Estes Park, agents and employees such access to the site as may be necessary to enable Town of Estes Park to exercise the rights under this paragraph. All direct and indirect costs of Town of Estes Park in exercising such rights shall be charged against the Contractor in any amount verified by the Owner’s representative and agreed to by Town of Estes Park, and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents and a change in the Contract Price. Such direct and indirect costs shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of the Contractor's defective Work. The Contractor shall not be allowed an extension of contract time because of any delay in construction of the Project attributable to the exercise by Town of Estes Park of Town of Estes Park' rights hereunder. Visits to Site The Owner’s representative will make regular visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed work and to determine, in general, if the Project is proceeding in accordance with the Contract Documents. The Owner’s representative will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. Construction Yard The location of the construction yard shall be provided to the Contractor by Town of Estes Park. The Contractor may be allowed staging areas upon approval of Town of Estes Park. The Contractor's personnel shall meet only at the staging area and construction support vehicles operated by the Contractor shall transport personnel to the actual construction site. If the Contractor determines that proposed staging area is not satisfactory and the Contractor wishes to propose a new staging site, a written request shall be submitted to Town of Estes Park. Town of Estes Park shall review such request for acceptance or rejection of the requested staging area. If the requested staging area is accepted, no extra compensation or time extension shall be made therefore to the Contractor. Each day after completion of Work, the Contractor shall store all equipment and materials at the above described construction yard, except for the material and equipment that is to be utilized the following work day. The construction yard shall have a job trailer, suitable for conducting regularly scheduled construction meetings for the project team. Working Hours The Contractor shall construct the project during normal working hours, 6:00 a.m. to 6:00 p.m., on Mondays through Saturdays exclusive of Holidays. The bid shall be base d on the majority of the work occurring during this time period. However the contractor may need to work outside of these hours to complete deadlines. It is the responsibility of the Contractor to include in their bid any and all costs for overtime, overhead, additional supervision, or any other additional expense required to complete the tasks in a satisfactory manner as identified in the bid documents. Work occurring outside normal working hours shall not be a cause to alter the total contract price. The Contractor shall notify Town of Estes Park and the Owner’s representative at least one working day in advance of plans to work outside the normal working hours or days. The hours or days are subject to review and acceptance by Town of Estes Park. Whenever the Contractor varies the normal period during which Work or any portion of it is carried on each day. The Contractor shall be responsible for any costs incurred by Town of Estes Park, including, but not limited to the cost of the Owner’s representative's presence. If the Contractor fails to give notice, any Work done in the absence of the Owner’s representative will be subject to rejection. Overtime Hours It is the responsibility of the contractor to include in their bid any and all costs required to complete the project by the deadlines indicated on the bid documents. Acceleration of the schedule, or portions thereof, will be the only cause for payment of additional expenses (such as overtime rates) required to meet the requests made by Town of Estes Park. Any costs associated with accelerating the schedule shall be authorized in advance by Town of Estes Park, no less than seven calendar days prior to the commencement of the overtime period. Requests for overtime wages shall include the estimated cost and duration for the period of time in which this will be performed. Reimbursement for overtime hours will be limited only to the additional costs associated with those hours not the base pay. For example, if overtime hours pay at 1 ½ times the normal labor rate, Town of Estes Park will reimburse the additional ½ time. It is assumed that the contractor has included in their base bid the first man hour. All overtime hours shall be itemized by employee, date, total hours, location of the work performed, and identification of the tasks performed during this period. This information shall be provided no more than 14 calendar days following the completion of the overtime period. Requirements for Independent Testing Consultants The Contractor shall submit to the Owner’s representative, for review and acceptance, the name and address of all proposed consultants with a description of personnel, facilities, equipment and other qualification data. Any testing agency shall be instructed to submit directly to the Owner’s representative, three copies of all reports of tests or inspections made, showing compliance, irregularities or deficiencies, identifying project, date of test, location of project, applicable specification section, applicable standard(s) for compliance, observations relating to compliance, name and signature of inspector. Three copies of a final summary report of the project including test reports, graphs and charts to illustrate conformance and/or deviation from the Technical Specifications shall be submitted to the Owner’s representative as requested or at the completion of the work. Soils observations by a Soils Owner’s representative, selected by Town of Estes Park including some density tests, will be required during trenching and backfilling observations. All soils observations necessary during trenching, backfilling, and compaction operations shall be at the expense of Town of Estes Park. However, if the first compaction test does not meet the specifications, the subsequent compaction tests on that lift shall be at the expense of the Contractor. Any deviation from the Contract Documents shall be corrected by the Contractor to the satisfaction of Town of Estes Park and Soils Owner’s representative at the Contractor's expense. Maintenance of Traffic The Contractor shall provide and maintain in a safe condition temporary approaches, crossings, or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over any section of road affected by the work to be done under the Contract Documents, and of constructing and maintaining such approaches, crossings, intersections and any accessory features without direct compensation, except as otherwise provided. Any signing shall be in accordance with the Manual of Uniform Traffic Control Devices. Construction traffic shall not utilize 4th Street as a primary traffic route. Work within Roadway Rights-of-Way The Contractor shall comply with all requirements of Larimer County, the State of Colorado or any other agency whose jurisdiction covers the project area. Removal and Disposal of Structures and Obstructions All structures or obstructions shown on the Drawings which are not to remain in place or which are not to be used in the new construction shall be removed to the satisfaction of the Owner’s representative. Unless specified in the Contract Documents, this work will not be paid for separately but will be included in the price Bid for that portion of the work requiring the removal of the obstruction. All material found on the site or removed there from shall remain the property of Town of Estes Park unless otherwise indicated. Maintenance of Work Site The Contractor shall dispose of any excess excavated soil and construction debris at least weekly and as directed by Town of Estes Park. If the Contractor fails to clean up, Town of Estes Park will perform work and charge the Contractor any and all costs for clean up and disposal. Final Clean Up Upon completion of the Project and before acceptance and final payment will be made, the Contractor shall remove from the site all machinery, equipment, surplus, and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The Contractor shall shall leave the site in a neat and presentable condition. Material cleared from the site and deposited on property adjacent will not be considered as having been disposed of satisfactorily. The Contractor shall leave the construction site in a condition generally comparable to the original condition or as specified elsewhere in the Technical Specifications. Miscellaneous The Contractor shall dispose of all construction debris each day and excess excavated soil and construction debris at least weekly and as directed by Town of Estes Park. If the Contractor fails to clean up, Town of Estes Park will perform work and charge the Contractor any and all costs for clean up and disposal. The Contractor shall protect all existing structures, fences, trees, etc., in place, except where otherwise indicated in the Drawings, or by Town of Estes Park. Movement of equipment, material transport, and personnel will be limited to within the boundaries of the existing easements or approved access routes. The Contractor shall exercise extreme caution to prevent fires at the construction site. All Contractor vehicles shall be furnished with a fire extinguisher. The Contractor's personnel shall not be allowed to shoot, hunt, or fish on the property, and littering is prohibited. All gates shall be kept closed except for ingress and egress. Town of Estes Park shall provide a chain and lock. All access gates shall be chained and locked at the end of Work each day. * * * * CONTROL OF MATERIAL Source of Supply and Quality of Materials The source of supply of each of the materials required shall be reviewed and accepted by the Owner’s representative before delivery is started. Representative preliminary samples of the character and quality specified may be submitted by the Contractor or producer for examination and testing. The results obtained from testing such samples may be used for preliminary review but will not be used as a final acceptance of the materials. All materials proposed to be used may be inspected or tested at any time during their preparation and use. If, after testing, it is found that sources of supply which have been reviewed and accepted do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish acceptable material from other sources acceptable to the Owner’s representative. Information on substitute material or equipment submitted within ten days of bid opening date will not be evaluated. However, after the effective date of the Agreement Town of Estes Park shall determine the acceptance of substitute material or equipment. Acceptance of Materials Samples of all materials for testing for acceptance or rejection shall be taken by the Owner’s representative. Materials may be sampled either prior to shipment or after being received at the place of construction. All sampling, inspection, and testing shall be done in accordance with the methods hereinafter prescribed. The Contractor shall provide such facilities as the Owner’s representative may require for conducting field tests and for collecting and forwarding samples. The Contractor shall not use or incorporate into the Project any materials represented by the samples until tests have been made and the material found to be acceptable. Only materials conforming to the requirements of the Technical Specifications and which have been accepted by the Owner’s representative shall be used in the Project. Any material which, after acceptance, has for any reason become unsuitable for use shall not be incorporated into the Project. Additionally, the Contractor and the Owner’s representative shall be subject to the procedures and responsibilities set forth in paragraphs 7.15, 7.16 and 7.18 as they pertain to samples. Samples and Tests Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment required shall be in accordance with the most current edition of the standards set forth in the Technical Specifications. The testing of all samples shall be the responsibility of Town of Estes Park unless otherwise specified. The Contractor shall furnish the required samples without charge. All samples shall have been checked and approved by the Contractor, identified clearly of orders for materials to permit testing. Storage Materials shall be stored so as to insure the preservation of their quality and fitness for the Project. When considered necessary by the Owner’s representative or when specified, they shall be placed on wooden platforms, or other hard, clean surfaces and not on the ground, and shall be placed under cover or otherwise protected when requested by the Owner’s representative or specified. Stored materials shall be located so as to facilitate prompt inspection. Substitution of Materials and Equipment Whenever materials or equipment are specified or described in the Contract Drawings or Technical Specifications by using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other manufacturers, fabricators, suppliers or distributors may be accepted by the Owner’s representative if sufficient information is submitted by the Contractor to allow the Owner’s representative to determine that the material or equipment proposed is equivalent to that named. Requests for review of substitute items of material or equipment will not be accepted by the Owner’s representative from anyone other than the Contractor. If the Contractor wishes to furnish or use a substitute item of material or equipment, the Contractor shall make written application to the Owner’s representative for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified, and be suited to the same use and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Project will require a change in the Plans or Technical Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Project is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by the Owner’s representative in evaluating the proposed substitute. Town of Estes Park may require the Contractor to furnish at the Contractor's expense a special performance guarantee or other surety with respect to any substitute. The Owner’s representative will record time required by the Owner’s representative and the Owner’s representative's consultants in evaluating substitutions proposed by the Con- tractor and in making changes in the Plans or Technical Specifications occasioned thereby. Whether or not the Owner’s representative accepts a proposed substitute, the Contractor shall reimburse Town of Estes Park for the charges of the Owner’s representative and the Owner’s representative's consultants for evaluating any proposed substitute. In case of a difference in price, Town of Estes Park shall receive all benefit of the difference for any substitutions, and the Contract amount shall be altered by Change Order to credit Town of Estes Park with any savings so obtained. Material and Equipment Within 21 calendar days after date of Notice of Award, the Contractor shall submit to Town of Estes Park six copies of a complete list of all products which are proposed for installation. The Contractor shall include with listing of each product, the name and address of manufacturer, trade name, model or catalog designation, reference standard, manufacturer's performance and test data, and Subcontractor, as applicable. Reference in the Contract Documents to standard specifications or publications or technical societies or governmental agencies, such as ASTM, ANSI, AISC, ACI, AWS, AASHTO, federal specifications, commercial standards, Highlands Ranch Standard Plans and Specifications and the like, shall refer to latest edition adopted and published at time of receiving bids. It shall be understood that all manufacturers, producers and their agents, of materials required shall have such reference standards available for reference and be fully familiar with their requirements as pertains to their product, material or equipment. In case of conflict between reference standards and Plans and Technical Specifications, the Plans and Technical Specifications shall govern. In case of conflict between reference standards and codes, the one having the more stringent requirements shall govern. The Contractor shall obtain and distribute necessary copies of manufacturer's instructions, including two copies to the Owner’s representative. If a conflict exists between the manufacturer's instructions and the Contract Documents, the Owner’s representative shall be notified in writing. The Contractor shall not proceed until written direction is received from the Owner’s representative. The Contractor shall be responsible for delivery of materials, products and equipment to the project site in undamaged condition. Deliveries shall be arranged in accordance with the construction schedule and in ample time to facilitate inspection prior to installation to avoid unnecessary delays in the construction process. Materials, products and equipment shall be stored and handled as prescribed by the manufacturer or as specified in the specifications in a manner to protect from damage by moisture, weather, abuse or construction operations. Certification The Contractor shall submit a manufacturer's certification that the material was manufactured and tested in accordance with the referenced specifications and a report of test results. The certification shall be submitted prior to material shipment. Defective Materials All materials not conforming to the requirements of the Technical Specifications shall be considered defective. Whether in place or not, such material shall be removed immediately from the site of the Project, unless otherwise permitted by the Owner’s representative. No rejected material, the defects of which have been subsequently corrected, shall be used until approval by Owner’s representative has been given. Upon failure of the Contractor to comply promptly with any order of the Owner’s representative made under the provisions of Article 8, Town of Estes Park shall have authority to remove and replace defective materials with specified materials at the Contractor's expense. * * * * LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Laws to be Observed The Contractor is assumed to be familiar with all federal, state and local laws, codes, ordinances, and regulations which, in any manner, affect those engaged or employed in the work or the material or equipment used in or upon the site, or in any way affect the conduct of the work. No pleas of misunderstanding or ignorance on the part of the Contractor will, in any way, serve to modify the provisions of the Contract Documents. However, if the Contractor observes that the Plans or Technical Specifications are at variance with any relevant federal, state and local laws, codes, ordinances, and regulations, the Contractor shall give the Owner’s representative prompt written notice thereof and any necessary changes shall be adjusted by an appropriate Modification. The Contractor, at all times, shall observe and comply with all federal, state and local laws, codes, ordinances, and regulations in any manner affecting the conduct of the work, and the Contractor and his Surety shall indemnify and save harmless Town of Estes Park and all its officers, agents and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree. Permits and Licenses Unless otherwise provided in the Special Conditions, the Contractor shall procure all permits and licenses, pay all charges and fees including, but not limited to, all inspection charges of agencies having appropriate jurisdiction, and give all notices necessary and incidental to the due and lawful construction of the Project. Town of Estes Park may assist the Contractor, when necessary, in obtaining such permits and licenses. A copy of all permits and licenses procured by the Contractor shall be supplied to the Owner’s representative. Inspections The Contractor shall determine and arrange for any and all inspections by the various public agencies in order to construct the Project. The Contractor shall be responsible for providing timely notification to any and all public agencies for purposes such as inspection or approval. Patented Devices, Materials and Processes If the Contractor is required or desires to use any design, device, invention, product, material, or process covered by letters of patent or copyright, a suitable legal agreement with the patentee or patent owner shall be provided to Town of Estes Park. The Contractor shall pay all license fees and royalties and assume all costs incidental to said use in construction of the Project or incorporation in the Project. The Contractor and the Surety shall indemnify and save harmless Town of Estes Park from any and all claims for infringement by reason of the use of any such patented design, device, invention, product, material, or process or any trademark or copyright in connection with the construction of the Project, and shall indemnify Town of Estes Park for any costs, expense, and damages, including attorney fees which it may be obliged to pay for reason of any such infringement at any time during or after the completion of the Project. Sanitary Provisions The Contractor shall provide and maintain in a neat, sanitary condition such accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the State of Colorado Department of Health or of other authorities having jurisdiction. Safety and Protection The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Project. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Project and other persons who may be affected thereby, all the work in progress, completed work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. The Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when construction of the Project may affect them. All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by the Contractor (except damage or loss attributable to the fault of Drawings or Technical Specifications or to the acts or omissions of Town of Estes Park or the Owner’s representative or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor). The Superintendent shall be the person who is responsible for prevention of accidents unless another person is designated in writing by the Contractor. The Contractor shall store and dispose of volatile wastes in accordance with all federal, state, and local laws, codes, ordinances and regulations. The Contractor shall provide adequate ventilation during use of volatile or noxious substances. The Contractor shall conduct cleaning and disposal operations to comply with all federal, state, and local laws, codes, ordinances and regulations. The Contractor shall not burn or bury rubbish and waste materials on the Project site. All trenches crossing an access, whether private or public, shall be backfilled at the end of the day. The Contractor shall take care to prevent spillage. Any such spillage shall be removed immediately and the area shall be cleaned. The Contractor shall immediately notify the appropriate authorities of any spillage when required by any federal, state, and local laws, codes, ordinances and regulations. Dust Control The Contractor shall abate dust nuisance by cleaning, sweeping and sprinkling with water or other means as necessary. The dust abatement shall not cause mud or other nuisance conditions. All costs for dust control shall be paid by the Contractor. Roads The Contractor shall not close any road to the public except by express permission of Town of Estes Park and of the appropriate agency having jurisdiction over the road. When any road under construction is being used by the traveling public, special attention shall be paid to keeping both the subgrade and surfacing in such condition that the public can travel over same in comfort and safety. If the Contractor constructs detours, temporary bridges or temporary stream crossings, the Contractor shall be responsible for safety on all the approaches as well as the structures of such crossings. Emergencies In emergencies affecting the safety or protection of persons or the Project or property at the Project site or adjacent thereto, the Contractor, without special instruction or authorization from Town of Estes Park or the Owner’s representative, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Owner’s representative prompt notice of any emergency. Barricades, Signs and Hazard Markings The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights for the protection of the Project and the safety of the public. The Contractor shall comply with the provisions of any and all applicable Traffic Safety Manuals which may be published by a governmental entity having jurisdiction over the Project site. All barricades, signs and obstructions erected by the Contractor shall be illuminated at night and all devices for this purpose shall be kept burning from sunset to sunrise. The Contractor shall be held responsible for all damage to the Project due to failure of barricades, signs, lights and watchmen to protect it, and whenever evidence of such damage is found prior to acceptance, the Owner’s representative may order the damaged portion immediately removed and replaced by the Contractor without cost to Town of Estes Park if, in the Owner’s representative's opinion, such action is justified. Use of Explosives The use of explosives is not authorized on this site. Protection and Restoration of Property The Contractor shall not enter upon private property for any purpose without first obtaining permission, and shall be responsible for the preservation of all public and private property, trees, fences, monuments, underground structures, etc., on and adjacent to the Project site and shall use every precaution necessary to prevent damage or injury thereto. The Contractor shall protect carefully, from disturbance or damage, all land monuments and property marks until the Owner’s representative has witnessed or otherwise referenced their location, and shall not remove them until directed. The Contractor shall be responsible for all damage or injury to property of any character resulting from any act, omission, neglect or misconduct of the Contractor's or any Subcontractor's manner, or method of executing said work, or due to the Contractor's or any Subcontractor's nonexecution of said work, or at any time due to defective work or materials, and said responsibility shall not be released until the Project shall have been completed and accepted by Town of Estes Park. The Contractor's attention is directed to the importance of protecting all public utilities encountered on the Project. These may include telephone, telegraph and power lines, cable television lines, water lines, sewer lines, gas lines, railroad tracks, and other overhead and underground utilities. Before any excavation is begun in the vicinity of any such underground utility lines, the Contract shall notify each utility company concerned in advance of such excavation, and such excavation shall not be made until an authorized representative of the utility company concerned has designated the location of their facilities. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect, or misconduct in the construction of the Project, or in consequence of the non-execution thereof on the part of the Contractor or Subcontractor, the Contractor shall restore, at the Contractor's own expense, such property to a condition similar or equal to that existing before such damage or injury was done or the Contractor shall make good such damage or injury in an acceptable manner. In case of the failure on the part of the Contractor to restore such property or to have started action to make good such damage or injury, Town of Estes Park may, upon forty- eight (48) hours' notice, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any moneys due or which may become due the Contractor under the Contract Documents. The cost of damages due to the Contractor's operation or cost of protecting utilities where required to permit construction under the Contract Documents shall be included in the original Contract Price for the Project. Protection of Trees The Contractor is responsible for the protection of all existing plant material noted to remain with in their limits of work. Protection shall consist of adequate means to ensure the tree trunks from being scarred or damaged and branches and limbs from being damaged or broken by the Contractor's operations. As a safeguard, the Contractor may construct a continuous chain link fence around all trees which are adjacent to the Work area. Roots two inches and over in diameter which are exposed in the excavation of the trench and which have not been damaged shall be protected in place by wrapping with burlap sacking which has been soaked in a solution of horticultural Vitamin B-1 and water. The burlap shall be kept moist at all times with the same solution of Vitamin B-1 and water in order to keep the roots from drying out. Roots which are shattered or cut due to trenching shall be cut off with a clean cut at a point which would remove the damaged portions, and sealed. The cost of replacing trees shall be based on $250 per trunk caliper inch up to 6" caliper and $500 per trunk caliper inch above 6" caliper. Town of Estes Park shall have the choice of replacing a damaged tree with one of the same value. Surface Drainage The Contractor shall prevent water from running into open excavations or under paved surfaces. Temporary surface drainage shall be provided whereby storm water can flow uninterruptedly in existing or established flow courses, other surface drains or temporary drains. Rights-of-Way Town of Estes Park will furnish all lands and rights-of-way required by the Contract Documents. Use of Premises The Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. Responsibility for Damage Claims To the fullest extent permitted by law, the Contractor and the Surety shall indemnify and save harmless Town of Estes Park and the Owner’s representative and all their officers, agents and employees from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the Project, or through the use of unacceptable materials in the construction of the Project, or on account of any act or omission by the said the Con - tractor, Subcontractor, their agents and employees, or on account of the use, misuse, storage or handling of explosives, or on account of any claims or amounts reco vered for any infringement of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the Workmen's Compensation laws, or any other law, by-law, ordinance, order or decree, and so much of the money due the Contractor under and by virtue of the Contract Documents, as shall be considered necessary by Town of Estes Park, may be retained or, in case no money is due the Contractor, the Surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages as aforesaid, shall have been concluded and satisfactory evidence to that effect furnished to Town of Estes Park. The Contractor's Responsibility for The Project Until the final acceptance of the Project by the Owner’s representative as evidenced in writing, the Contractor shall have the charge and care thereof and shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause, and the Contractor at the Contractor's own expense shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Project occasioned by any causes before its completion and final acceptance by Town of Estes Park. In case of suspension of work on the Project from any cause whatever, the Contractor shall be responsible for all materials and shall properly store them, if necessary, and shall provide suitable drainage, barricades and warning signs where necessary. The Contractor shall make good or replace at the Contractor's own expense and as required, any material which may be broken, lost through fire, theft, or otherwise damaged, or in any way made useless for the purpose and use intended by the se Plans and Technical Specifications prior to final payment for the Project even though such breakage, damage, loss or uselessness may result from causes beyond the control of the Contractor. Liability of the Owner’s representative In carrying out any of the foregoing provisions or in exercising any power or authority granted by the Contract Documents, the Owner’s representative shall not be liable to the Contractor, either personally or as an official of Town of Estes Park, it being understood that in such matters the Owner’s representative acts as an agent and representative of Town of Estes Park. However, in no way shall the Owner’s representative, or the Owner’s representative's agents or employees be relieved of liability arising out of preparation or approval of maps, drawings, opinions, reports, change orders, designs, or specifications. No Waiver of Legal Rights Inspection by the Owner’s representative; any order, measurement, or certificate by the Owner’s representative; any order by Town of Estes Park for the payment of money; any payment for or acceptance of any portion of the Project or any extension of time; or any possession taken by Town of Estes Park shall not operate as a waiver of any provisions of the Contract Documents, or any power therein provided, or any waiver of any other or subsequent breach. Town of Estes Park reserves the right to correct any error that may be discovered in any estimate that may have been paid, and to adjust the same to meet the requirements of the Contract Documents. Town of Estes Park reserves the right to claim and recover, by process of law, sums as may be sufficient to correct any error or make good any Deficiency on the Project resulting from such error, dishonesty, or collusion upon conclusive proof of collusion or dishonesty between the Contractor and the Owner’s representative discovered in the Project after the final payment has been made. Temporary Facilities The Contractor shall be responsible for providing all temporary facilities during the construction period. The Contractor shall be responsible for locating a source of water, adequate for use for construction, drinking, sanitation and fire protection purposes, and for the costs associated therewith. The Contractor will furnish all construction water required for the Work at the Contractor's expense. The cost of construction water shall be included in the Bid Price. The Contractor shall obtain the "Permit for Hydrant Use" from the local water district. The Contractor shall be responsible for locating a temporary source of electricity for use during the construction period, and for providing needed power to the site. The Contractor shall provide necessary transformers or other equipment, make necessary connections and provide necessary distribution lines for use by all trades during construction at locations such that power can be secured at any working area with no more than 100-foot extensions. Temporary electrical work shall meet the requirements of the National Electrical Code (NFPA 70), latest edition. The Contractor shall disconnect and remove all temporary equipment and materials upon completion of construction or conversion to permanent system, and repair all damage caused by temporary installations. The Contractor shall provide and maintain temporary enclosures, weather barriers, heat and ventilation as necessary to properly protect and cure all portion of the Work, whether or not permanently incorporated into the project, at all times during the construction period. The Contractor shall not use solid fuel-burning space heaters, or use or leave unattended any equipment or apparatus which might create an unsafe condition. The Contractor shall provide and maintain, throughout Project duration, adequate temporary toilet facilities in a neat and sanitary condition for all employees and authorized visitors at the site. The facilities shall be placed at locations near the Work. Fuel storage tanks are not allowed on the Project. Refueling of machinery shall be by use of a fuel truck which shall leave when refueling is complete. Applicable Codes The Contractor shall comply with all applicable codes, standards, rules and regulations of any public agency having jurisdiction over the project site or the Work to be performed. In case of conflict between any applicable codes, the one having the more stringent requirements shall govern. Limitation on the Owner’s representative's Responsibility to the Contractor The Owner’s representative will not be responsible for the Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto unless the Owner’s representative directs the Contractor to use a specific mean, method, technique, sequence, or procedure of construction. The Owner’s representative will not be responsible to the Contractor for the Contractor's failure to construct the Project in accordance with the Contract Documents. The Owner’s representative will not be responsible for the acts or omissions of the Contractor or of any Subcontractors, or of the agents or employees of any the Contractor or Subcontractor, or of any other persons at the site or otherwise performing any work on the Project. Neither the Owner’s representative's authority to act under the Contract Documents nor any decision made by the Owner’s representative in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of the Owner’s representative to the Contractor, Subcontractor, manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person performing any work on the Project. * * * * PROSECUTION AND PROGRESS Supervision The Contractor shall supervise and direct the construction of the Project competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work necessary for the Project in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction of the Project, but the Contractor shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, techniques, sequence or procedure of construction which is indicated in and required by the Contract Documents. The Contractor shall be responsible to see that the finished Project complies accurately with the Contract Documents. Subcontractors The Contractor shall only employ Subcontractors in accordance with the provisions set forth below: The Contractor shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom Town of Estes Park or the Owner’s representative may have reasonable objection. A Subcontractor or other person or organization identified in writing to Town of Estes Park and the Owner’s representative by the Contractor prior to the Notice of Award and not objected to in writing by Town of Estes Park or the Owner’s representative prior to the Notice of Award will be deemed acceptable to Town of Estes Park and the Owner’s representative. Acceptance of any Subcontractor, other person or organization by Town of Estes Park or the Owner’s representative shall not constitute a waiver of any right of Town of Estes Park or the Owner’s representative to reject defective work. If Town of Estes Park or the Owner’s representative after due investigation has reasonable objection to any Subcontractor or other person or organization proposed by the Contractor after the Notice of Award, the Contractor shall submit an acceptable substitute without an increase in Bid Price. The Contractor shall not be required to employ any Subcontractor, other person or organization against whom the Contractor has reasonable objection. The Contractor shall be fully responsible for all acts and omissions of Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that the Contractor is responsible for the acts and omissions of persons directly employed by the Contractor. Nothing in the Contract Documents shall create any contractual relationship between Town of Estes Park or the Owner’s representative and any Subcontractor or other person or organization having a direct contract with the Contractor, nor shall it create any obligation on the part of Town of Estes Park or the Owner’s representative to pay or to see to the payment of any monies due any Subcontractor or other person or organization, except as may otherwise be required by law. Town of Estes Park or the Owner’s representative may furnish to any Subcontractor or other person or organizatio n, to the extent practicable, evidence of amounts paid to the Contractor on account of specific work done. The divisions and sections of the Technical Specifications and the identifications of any Drawings shall not control the Contractor in dividing the work among Subcontractors or delineating the work to be performed by any specific trade. All work performed for the Contractor by a Subcontractor will be pursuant to an appropriate agreement between the Contractor and the Subcontractor which specifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of Town of Estes Park and the Owner’s representative. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor on account of losses under policies issued pursuant to Article 5. Construction of the Project The Contractor shall notify Town of Estes Park and the Owner’s representative at least forty-eight (48) hours in advance of starting work on the Project site. The Contractor shall construct the Project in such a manner and with sufficient materials, equipment, and labor as is considered necessary to insure its completion within the time limits set forth in the Agreement including the specific completion dates set forth for certain Phases of the Project as well as the overall completion deadline. Should the construction of the Project for any reason be discontinued by the Contractor, the Owner’s representative shall be notified at least forty-eight (48) hours in advance of resuming operations. Limitations of Operations The Contractor shall at all times construct the Project in such manner as will insure the least practicable interference with traffic, existing utility systems, and sales traffic. Each item of work shall be prosecuted to completion without delay and in no instance will the Contractor be permitted to transfer work forces from uncompleted work to new work without prior written notification of the Contractor to the Owner’s representative. The Contractor shall not start Work to the prejudice of work already started. Clean Up The Contractor shall be responsible for cleaning up construction debris, materials and soil on the Project. At the minimum, this clean up shall consist of removing piles of debris and excess soil on a weekly basis and removing debris along the job site on a daily basis or as directed by the Owner’s representative. Clean up shall also include removal of mud and soil tracked onto the adjacent roadway immediately after the tracing and the removal mud and soil onto the adjacent sidewalk on a weekly basis. In the event that the Contractor does not perform clean up responsibilities in a manner satisfactory the Owner’s representative, Town of Estes Park may hire an independent subcontractor to correct the deficiencies and charge the Contractor for all costs incurred. Character of Workmen and Equipment The Contractor shall employ such superintendents, foremen, and workers that are careful and competent, and the Owner’s representative may demand the dismissal of any person or persons employed by the Contractor in, about, or upon the Work for misconduct, incompetence or negligence in the proper performance of their duties, or who neglects or refuses to comply with the Contract Documents and such person or persons shall not be employed again thereon without the written consent of Town of Estes Park. Should the Contractor continue to employ, or again employ, such person or persons, Town of Estes Park may withhold all estimates, which are or may become due, or Town of Estes Park may suspend the Work until such orders are complied with. No preference or discrimination among citizens of the United States shall be made, except as may be required by special labor provisions. The Contractor shall furnish such equipment as is considered necessary for the construction of the Project in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling mate- rials and constructing any part of the Project shall be subject to the approval of the Owner’s representative and shall be maintained in a satisfactory working condition. Equipment used on any portion of the Project shall be such that no injury to the Work, roadways, adjacent property, or other objects will result from its use. Th e Contract may be terminated if the Contractor fails to provide adequate equipment for the Project. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Docu - ments. Temporary Suspension of Work on the Project The Owner’s representative shall have the authority to suspend work on the Project wholly or in part because of adverse weather or other unfavorable conditions, or because of the failure on the part of the Contractor to properly construct the Project in accordance with the Contract Documents, to carry out orders or to remove defective material or work. The Contractor shall not suspend work on the Project without written authority and prior to resuming work shall give the Owner’s representative adequate notice to afford opportunity to reestablish observation and inspection of work being performed. Determination and Extension of Contract Time for Completion The Contractor shall perform fully, entirely, and in a satisfactory and acceptable manner the construction of the Project, within the number of calendar days stipulated in the Bid Form and the Agreement and shall also complete designated Phases of the Project by their given completion dates. Time will be assessed against the Contractor in accordance with the Notice to Proceed. In adjusting the Contract Time for the Completion of the Project, or any Phase thereof, all strikes, lockouts, unusual delays in transportation, or any condition over which the Contractor has no control, such as fires, floods, adverse weather conditions, or acts of God, and also any suspensions ordered by the Owner’s representative for causes not the fault of the Contractor, shall not be included in the computation of the Contract Time for completion of the Project or any Phase thereof, nor shall Town of Estes Park be liable for any of the Contractor's costs associated with such delays. In some instances the contractor may be allowed to perform work outside of the windows identified on the bid form. Work performed in phases, in advance of the notice to proceed, or in advance of the specified start date will not count against the total contract days for the project. Delays experienced during these periods will also not be counted or cause for extension of the contract. Failure to Complete the Project or a Phase thereof on Time In case the Contractor shall fail to fully perform and complete the Project or a Phase thereof in conformity with the provisions and conditions of the Contract Documents within the specified time limit, the Contractor shall and will pay to Town of Estes Park for each and every day of the additional time in excess of the Contract Time, the sums set forth in paragraph 3.2 of the Agreement as liquidated damages and not as a penalty. The parties agree that Town of Estes Park will suffer loss and damage; however, due to the uncertainty and difficulty of measuring actual damages for every day the Project or a Phase thereof remains uncompleted and unfinished, the parties agree that said sums are a reasonable forecast of compensatory damages. Town of Estes Park shall recover said damages by deducting the amount thereof out of any amounts which may be due or become due the Contractor, or by an action at law against the Contractor or the Surety, or by either or both of these methods. Should the entire Completion and final acceptance of the Project pursuant to the Contract Documents, together with any Modifications to the Contract Documents or additions to the Project, be delayed beyond the times herein set, it is understood and agreed that aside from any other penalty or damage, all costs of the owner’s representative and inspection on behalf of Town of Estes Park which are incurred after the Contract Time has elapsed may be charged to the Contractor and be deducted from any estimate or payment otherwise due and payable. Adjustment for Suspended Work In the event the Contractor is ordered by the Owner’s representative, in writing, to suspend work for some cause over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the job during the period of shutdown. No allowance will be made for anticipated profits. The period of shutdown shall be computed from the date set out in the written order for work to cease until the date of the order for work to resume. Claims for such compensation shall be filed with the Owner’s representative within ten (10) days after date of the order to resume work or such claims will not be considered. The Contractor shall submit with such claims written documentation of the amounts claimed. After receiving the relevant information from the Owner’s representative, Town of Estes Park shall take the claim under consideration, and may make such investigations as are deemed necessary, and shall be the sole judge as to the equitability of such claim and such decision shall be final. No provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement weather, delays due to failure to obtain a Surety, for suspensions made at the request of the Contractor, or for any other delay provided for in the Plans or Technical Specifications. Termination of Contract Upon seven days written notice to the Contractor and the Owner’s representative, Town of Estes Park may, without cause and without prejudice to any other right or remedy, elect to abandon the Project and terminate the Contract. In such case, the Contractor shall be paid for all work performed and any expense sustained plus reasonable termination expenses. Refer to the Town of Estes Park Master Agreement for other conditions regarding termination of contracts. Cooperation with Other Contractors In connection with the construction of the Project under the Contract Documents, the right is reserved to award any work not included in the Contract Documents, to any other person for performance during the Contract Time, or to perform such work with Town of Estes Park' forces, and the Contractor shall cooperate in order to minimize the interference therewith, as directed by the Owner’s representative. Coordination of Work With Other Contractors The Contractor shall be responsible for coordinating the work with the work of other persons working in the area of the Work. The Contractor shall exclude from the bid all additional work due to such work by others. However, the Contractor is hereby instructed to plan for reasonable alternative measures which could be implemented as extra work to accommodate the possible concurrent construction projects as set forth in the Special Conditions. Termination of the Contractor's Responsibility Performance pursuant to the Contract Documents will be considered complete when all Work for the Project has been finished, the final inspection made and the Project finally accepted by the Owner’s representative and Town of Estes Park, all claims for payment of labor, materials, or services of any kind used in connection with the Project have been settled by the Contractor or the Surety, and final payment has been made by Town of Estes Park. The Contractor will then be released from further obligation except as set forth in the Surety Bonds and elsewhere in the Contract Documents. Neither the final payment nor any provision in the Contract Documents shall relieve the Contractor of the responsibility for negligence or workmanship within the warranty period. Corrections during said warranty period shall be made in accordance with the provisions of paragraph 12.5. * * * * MEASUREMENT AND PAYMENT Schedule of Values Within 14 calendar days after the Notice to Proceed, the Contractor shall submit to the Owner’s representative a schedule of values allocated to various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Owner’s representative may require. This schedule shall be approved by the Owner’s representative and Town of Estes Park and shall be used as a basis for reviewing the Contractor's Applications for Payment. Each change order shall be a separate item of Schedule of Values included in the Application for Payment. Measurement of Quantities The determination of quantities of work, acceptably completed under the terms of the Contract Documents, will be made by the Owner’s representative and based on measurements taken by the Owner’s representative. These measurements will be taken according to the United States standard measure. All surface and linear measurements will be taken horizontally unless otherwise shown on Drawings or specified. Structures shall be measured as shown on the Drawings. When base course, topsoil, surface course, or any materials are measured by the cubic yard in the vehicle, such measurement shall be taken at the point of delivery. The capacity of all vehicles shall be plainly marked on said vehicle and the capacity or marking shall not be changed without permission of the Owner’s representative. The Owner’s representative may require all vehicles to have uniform capacity. Change in Contract Price The Contract Price may only be changed by a Modification. When the Contractor and Town of Estes Park agree upon a price for changed work by way of a Work Order, the price set forth in the Work Order shall include all costs of the change including any direct, indirect, and impacted costs attributable to the change. Payment for Increased or Decreased Quantities When alterations in the Plans or quantities of work not requiring Supplemental Agreements are ordered and performed, the Contractor shall accept payment in full at the Contract Price for the actual quantities of work done. No allowance will be made for anticipated profits. Increased or decreased work involving Supplemental Agreements will be paid for as stipulated therein. Payment For Deleted Items The Owner’s representative or Town of Estes Park have the right to cancel, alter or suspend portions of the Project relating to the construction of any item or items therein by the payment to the Contractor of a fair and equitable amount covering all items of cost incurred prior to the date of cancellation, alteration, or suspension. The Contractor shall accept payment in full at the Contract unit prices or schedule of values for any work actually performed prior to the date of cancellation, alteration, or suspension of the Work. No allowance will be made for anticipated profits in reimbursements to the Contractor for deleted items of Work. Acceptable materials ordered by the Contractor or delivered to the Project site prior to the date of cancellation, alteration, or suspension of the Work on the Project will be paid for at the actual cost to the Contractor and shall thereupon become the property of Town of Estes Park. The Contractor shall submit immediately certified statements covering all money expended in preparation for any deleted item, and shall be reimbursed for any money expended in preparation for any Work on any deleted item if it is the type of preparation for which the Contractor would have been reimbursed for under the Contract Documents had the item been completed. Extra Work Extra work, for which no price is provided in the Bid, shall be covered by a Modification to be signed by the Contractor and Town of Estes Park before such extra work is commenced. The Contractor shall make no claim for work done unless performed on written order and in accordance therewith. Work performed prior to a written order will not be paid for. Time Adjustment If Town of Estes Park and the Contractor do not agree with the adjustment in Contract Time or the method for determining it, the adjustment or the method shall be referred to the Owner’s representative for determination. Application for Payment On or before the 25th day of each month, the Contractor shall submit to the Owner’s representative for review and approval an Application for Payment filled out and signed by the Contractor covering the Work completed through the last day of the prior month and accompanied by such supporting documentation as is required by the Contract Documents and as the Owner’s representative may reasonably require. Materials on hand but not completely in place may only be included for payment if authorized in the Special Conditions. Each subsequent Application for Payment shall include an affidavit of the Contractor stating that all previous progress payments received on account of the Work performed have been applied to discharge in full all of the Contractor's obligations reflected in prior Applications for Payment. The Contractor's Warranty of Title The Contractor warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to Town of Estes Park at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions are referred to as "Liens"). Review of Applications for Payment The Owner’s representative will, within five days after receipt of each Application for Payment, either indicate in writing a recommendation for payment and present the Application for Payment to Town of Estes Park, or return the Application for Payment to the Contractor indicating in writing the Owner’s representative's reasons for refusing to recommend payment. In the latter case, the Con- tractor may make the necessary corrections and resubmit the Application for Payment. The Owner’s representative's recommendation of any payment requested in an Application for Payment will constitute a representation by the Owner’s representative to Town of Estes Park, based on the Owner’s representative's on-site observation of the Work in progress as an experienced and qualified professional and on the Owner’s representative's review of the Application for Payment and the accompanying data and schedules that the Work on the Project has progressed to the point indicated; that, to the best of the Owner’s representative's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in the recommendation), and that the Contractor is entitled to payment of the amount recom- mended. The Owner’s representative's recommendation of final payment will constitute an additional representation by the Owner’s representative to Town of Estes Park that the conditions precedent to the Contractor's being entitled to final payment have been fulfilled. Change of Application for Payment The Owner’s representative may refuse to recommend the whole or any part of any payment if, in the Owner’s representative's opinion, it would be incorrect to make such representations to Town of Estes Park. The Owner’s representative may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in the Owner’s representative's opinion to protect Town of Estes Park from loss because: The work is defective, or the completed Project, or a portion thereof, has been damaged requiring correction or replacement. Written claims have been made against Town of Estes Park or Liens have been filed in connection with the Project. The Contract Price has been reduced because of Modifications. Town of Estes Park has been required to correct defective work or complete the Project in accordance with paragraphs 8.8 or 10.11. Of the Contractor's unsatisfactory prosecution of construction of the Project in accordance with the Contract Documents, or The Contractor's failure to make payment to Subcontractors, or for labor, materials or equipment. Progress Payments Owner shall make progress payments in accordance with the Town of Estes Park Master Agreement. Measurement of items will be made for monthly progress payments of Work set forth in the Contract Documents or as specifically set forth in the Special Conditions and for items added by a Modification. All other items shall be paid for at the respective unit prices shown on the Bid Form based on materials complete in place. For lump sum bid items, payment shall be based on the percentage of the lump sum item completed. Payment for major lump sum items shall be in accordance with the schedule of values. Payment for individual items shall include payment for the preparatory or other work incidental to the completed installation (e.g. subgrade preparation and compaction, formwork, backfill, clean-up, etc.). Such progress payments will be in an amount equal to ninety percent (90%) of the calculated value of the Work completed until one-hundred percent (100%) of the Work required by the Contract has been performed. After one-hundred percent (100%) of the Work has been completed, Owner shall pay the Contractor the remaining installment, if in the opinion of Owner, the Work is substantially complete. The retainage will be held by Owner and paid out upon initial acceptance(s) from associated, regulatory jurisdictions. In addition, prior to the release of retention the contractor shall provide to Owner a Warranty Bond for the Work in the amount of twenty percent (20%) of the entire contract amount to ensure completion of final acceptance punch list items. Final Inspection Upon written notice from the Contractor that the Project is complete, the Owner’s representative will make a final inspection with Town of Estes Park and the Contractor and will notify the Contractor in writing of all particulars in which this inspection reveals that the Project is incomplete or defective. The Contractor shall immediately take such measures as are necessary to remedy such deficiencies. The Contractor's Continuing Obligation The Contractor's obligation to construct the Project in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by the Owner’s representative, nor any payment by Town of Estes Park under the Contract Documents, nor any use or occupancy of the Project or any part thereof, nor any act of acceptance by Town of Estes Park, nor any correction of defective work by Town of Estes Park shall constitute an acceptance of Work not in accordance with the Contract Documents or release of the Contractor's obligation to construct the Project in accordance with the Contract Documents. * * * * WARRANTY AND GUARANTEE; ACCESS TO PROJECT; CONTINUATION OF WORK; PARTIAL UTILIZATION Warranty and Guarantee The Contractor warrants and guarantees to Town of Estes Park and the Owner’s representative that all work for construction of the Project will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to the Contractor. All defective work, whether or not in place, may be rejected, corrected or accepted as provided in the Contract Documents. Access to Project The Owner’s representative, other representatives of Town of Estes Park, testing agencies and governmental agencies with jurisdictional interests shall have access to the Project at reasonable times for their observation, inspection and testing. The Contractor shall provide proper and safe conditions for such access. Continuing Work on the Project The Contractor shall carry on the work on the Project and maintain the progress schedule during all disputes or disagreements with Town of Estes Park. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the Contractor and Town of Estes Park may otherwise agree in writing. Partial Utilization Use by Town of Estes Park of completed portions of the Project may be accomplished prior to Completion of the entire Project subject to the following: Town of Estes Park at any time may request the Contractor in writing to permit Town of Estes Park to use any part of the Project which Town of Estes Park believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Project. If the Contractor agrees, the Contractor will certify to Town of Estes Park and the Owner’s representative that said part of the Project is substantially complete. Within a reasonable time thereafter, Town of Estes Park, the Contractor and the Owner’s representative shall make an inspection of that part of the Project to determine its status of completion. Prior to Town of Estes Park's use, the Owner’s representative will deliver to Town of Estes Park and the Contractor a written recommendation as to the division of responsibilities pending final payment between Town of Estes Park and the Contractor with respect to security, operation, safety, maintenance, utilities, insurance and correction period for that part of the Project which is binding upon Town of Estes Park and the Contractor as to that part of the Project, unless Town of Estes Park and the Contractor shall have otherwise agreed in writing and have so informed the Owner’s representative, or shall object to the Owner’s representative in writing within (15) fifteen days of receiving the Owner’s representative's recommendations. Town of Estes Park shall have the right to exclude the Contractor from any part of the Project which Town of Estes Park uses, but Town of Estes Park shall allow the Contractor reasonable access to complete or correct items on the tentative list. In lieu of the provisions of paragraph 12.4.1, Town of Estes Park may take over operation of a facility constituting part of the Project whether or not it is substantially complete if such facility is functionally and separately useable; provided that prior to any such take- over, Town of Estes Park and the Contractor have agreed as to the division of responsibilities between Town of Estes Park and the Contractor for security, operation, safety, maintenance, correction period, heat, utilities and insurance with respect to such facility. No occupancy of part of the Project or taking over of operations of a facility will be accomplished prior to acknowledgment from the insurers providing the property insurance on the Project that notice of such occupancy has been received and that said insurers, in writing, have affected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent to such use or occupancy by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. Warranty Period Prior to the expiration of the warranty, Town of Estes Park will make visual inspection of the project to determine whether correction of any of the Work is required. The Contractor shall attend such inspection if requested by Town of Estes Park. The cost of such inspection shall be included in the bid price and no additional cost shall be paid to the Contractor. If within the warranty period set forth in the Special Conditions or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any defective work is found, the Contractor shall promptly, without cost to Town of Estes Park and in accordance with Town of Estes Park' written instructions, either correct such defective work, or, if it has been rejected by Town of Estes Park, remove it from the site and replace it with nondefective work. If the Contractor does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, Town of Estes Park may have the defective work corrected or the rejected work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by the Contractor. The Contractor shall also pay for any damage done to other work, other property or persons which occurred as a result of the defective work within the correction period. * * * * WORK BY OTHERS Work by Others Town of Estes Park may perform additional Work related to the Project, have additional Work performed by utility service companies, or let other direct contracts thereof. The Contractor shall afford the utility service companies and the other contractors who are parties to such direct contracts (or Town of Estes Park, if Town of Estes Park is performing the additional Work with Town of Estes Park's employees) reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and shall properly connect and coordinate the Work with theirs. If any part of the Contractor's work for construction of the Project depends for proper execution or results upon the Work of any such other contractor or utility service company (or Town of Estes Park), the Contractor shall inspect and promptly report to the Owner’s representative in writing any patent or apparent defects or deficiencies in such Work that render it unsuitable for such proper execution and results. The Contractor's failure to so report shall constitute an acceptance of the other work as fit and proper for integration with the Contractor's work for construction of the Project, except for latent or nonapparent defects and deficiencies in the other work. Coordination with Others The Contractor shall do all cutting, fitting and patching of his work for the Project that may be required to make its several parts come together properly and integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of the Owner’s representative and the others whose work will be affected. * * * * MISCELLANEOUS Giving Notice Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address of the person receiving the notice which is known to the giver of the notice. Computation of Time When any period of time is referred to in the Contract Documents by days, it shall be computed as calendar days, independent of weekends, non-working time, or holidays. General Should Town of Estes Park, the Owner’s representative or the Contractor suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. Duties and Obligations The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon the Contractor and all of the rights and remedies available to Town of Estes Park and the Owner’s representative thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents shall survive final payment and termination or Completion of the Project. Titles and Headings The titles and headings used in the General Conditions are for guidance and convenience and are not intended to control over the specific language contained in the body of the paragraphs in the event a conflict, error or discrepancy occurs. Further, titles and headings shall not limit the scope of an article or paragraph. END OF SECTION SECTION 008200 SUPPLEMENTARY CONDITIONS ARTICLE 1 - General Work to be completed under this section consists of furnishing all labor, materials, equipment, accessories, and performing all operations to complete the project work in accordance with the Drawings and Specifications. All work shall be completed in accordance with these Specifications. The Contractor is required to visit the site to carefully examine the proposed work. The Contractor shall also thoroughly review the Drawings and Specifications. He shall satisfy himself as to the character, quality, and quantities of work to be performed, materials to be furnished, and as to the requirements of these specifications. The Contractor’s bid shall be for all work required to complete the project in place. The Owner will schedule a Pre-Construction meeting with the Contractor, Engineer, Architect and any other persons deemed necessary by the Owner. UTILITY VERIFICATION 1.1 The locations of utilities shown on the drawings are approximate. It is specifically the Contractor’s responsibility to call for locates and field locate all utilities that may conflict with this project as to both line and grade (this includes, but is not limited to, water lines, sewer lines, storm sewer lines, manholes, water valve boxes, survey monuments, gas, electric, telephone, cable TV, etc.). The Contractor shall verify the location and depth of all tie-in points and utilities potentially affected by the work prior to beginning construction. This shall include obtaining field location marking from designated utility locating services. Any deviations from the drawings shall be reported immediately to the Owner’s Representative. The Contractor shall understand that there are buried utilities that may require private locates, such as electrical lines for street lighting, irrigation, etc. Contractors will be responsible for identifying areas that they will be working during progress meetings for the purpose of coordinating any and all conflicts. In addition to coordinating during meetings, contractors will be provided with contact numbers for all trades, which must be contacted prior to performing any excavations in an area. This is over and above standard utility locating services. Contractors will be asked to locate their buried lines for other trades, to prevent conflicts or damage. All contractors shall comply with these requests. The Contractor shall be responsible for the repair of any damage to utilities, electrical lines, etc. that have been properly located by the designated utility locating service or to utilities, for which the Contractor has not obtained the proper field location marking. Protection of Existing Utilities: Any information concerning underground utilities shown on the Drawings is intended to be merely an aid to the Contractor. The accuracy of information furnished with respect to underground utilities is not guaranteed and the Contractor must independently verify any such information. The Contractor shall notify all utility companies or privately owned organizations who may have installations in the area where the work is to be performed and solicit their aid in locating utilities including, but not limited to, water, sanitary and storm sewer, gas or other fuel, electrical, telephone, communication, cable television and other installations. All utilities encountered must be kept in operation by the Contractor and must be protected and/or repaired at his own expense. The Contractor shall inform the Owner’s Representative of existing utility installations, which need relocation other than those, identified in the project construction documents. If the Contractor requests that utility companies relocate their utilities for his convenience in construction of any portion of the work, the cost of such shall be at the Contractor’s expense. The Contractor shall determine the actual location of all existing utilities prior to starting any work that may cause damage to such utilities. The Contractor shall be liable for all damages done to existing utilities in the performance of his work. All work required for the relocation of existing utilities, as noted on the drawings, shall be completed by the owner of the utility. The Contractor shall be responsible for coordination with these utility owners and providing them with the required information to move the utilities as required so that they do not interfere with the final constructed improvement, 30 working days or more prior to performing any work in the affected area of work. CONTROL OF WORK In case of any discrepancies in any of the Plans, Specifications, Supplemental Specifications, Special Provisions, and Technical Specifications, the order or precedence is as follows: Change Orders Addenda Town of Estes Park Master Agreement Construction Agreement and Bid Documents Supplementary Conditions General Conditions Estes Valley Standards and Specifications Larimer County Standards and Specifications General Requirements (Division 01) Technical Specifications Construction Plans and Details MATERIALS TESTING The Contractor shall give the Owner’s Representative 48 hours notice before placing concrete or fill so that the Owner’s Representative may arrange for material tests. The Owner’s Representative reserves the right to reject any requests for placing concrete or fill with less than 48 hours notice. The Contractor agrees to pay any minimum call-out charges or standby time from the tester due to his failure to pour, pave, or fill on schedule for any reason except by the action of the Owner’s Representative. The Owner shall pay for all material tests taken with the exception of retesting. CONSTRUCTION SURVEYING The Contractor will provide construction surveying to assist in layout and to establish grades for the project. The Contractor shall give the survey personnel a minimum of 48 hours notice prior to needing survey staking. The Contractor shall be responsible for transferring the information from the construction stakes to any necessary forms and for constructing in accordance with the information on the stakes. The Contractor shall be responsible for the preservation of all stakes and survey points. Costs for restaking areas not preserved by the Contractor shall be the Contractor’s responsibility and paid for according to the General Conditions. SUPERVISION AT THE WORK SITE The Contractor shall assign a project manager or superintendent that can be reached during 7:00 am until 5:00 pm Monday through Friday. This person shall act as an agent to the Contractor and therefore be authorized to make decisions which impact the schedule of the project. Contact typically will be by phone; however e-mail, text messaging, and physical presence at the job site will also be means of contact. This agent shall be physically on site daily. Town of Estes Park and the Owner’s Representatives shall know and understand this person’s schedule in order to ensure issues can be resolved quickly and efficiently, as they develop. The Contractor shall assign an employee to be responsible for all aspects of this project after normal working hours and over weekends in case of an emergency or loss of utility service. Telephone numbers, including pager and mobile phone, for this individual shall be submitted to the Project Manager during the pre-construction meeting. A call to any one of these numbers shall constitute notice by the Owner. The Contractor shall be responsible for remedying all aspects of the work that created the emergency or loss of utility service and respond to notice of the emergency or loss of utility service within 2 hours. If the Contractor does not respond within 2 hours, the Contractor shall be responsible for any and all costs incurred by the Owner including, but not limited to, deployment of public safety personnel and any labor and materials required to remedy the emergency or loss of utility service. CONDUCT AT THE WORK SITE The Contractor’s employees will be expected to maintain a civil decorum throughout the term of this contract. Any workers who fail to act in a professional and workmanlike manner toward the Project Manager, other project representatives or citizens shall be IMMEDIATELY and PERMANENTLY removed from the job site by the Contractor upon direction from the Project Manager. If the Contractor fails to heed the Owner’s order in such an instance, the Owner, at its sole discretion, may immediately terminate this contract and offer it to the next most responsive bidder. The Contractor is expected to have and abide by an established safety program for all persons present in active construction areas. This will include, but is not limited to wearing hard hats and proper footwear. Town of Estes Park has additional requirements which must be adhered to. SUBSTITUTES AND “OR-EQUAL” ITEMS Whenever a material or article is specified or described by using the name of a proprietary product or the name of a particular manufacturer or vendor, the specified item mentioned shall be understood as establishing the type, function, and quality desired. Other manufacturers’ products may be accepted at the Owner’s sole discretion provided sufficient information is submitted to allow the Owner to determine that the products proposed are equivalent to those named. Such items shall be submitted for review by the procedure set forth in the submittal sections. CONTRACTOR’S GUARANTEE The Contractor’s guarantee shall continue for a period of one year after the date of substantial completion. DUST CONTROL The Contractor shall use measures to prevent and control dust within the area affected by the project. No additional compensation will be paid to the Contractor for general dust control. The Contractor shall clean off any soil, dirt, or debris tracked onto any adjacent streets. When notified by the Owner that the adjacent streets require cleaning, the Contractor shall clean the streets within 24 hours of such notification, or the Owner shall arrange to have the streets cleaned and shall deduct the cost of such cleaning from the Contractor’s payments. STAGING AREAS The Contractor’s staging area for material stockpiling, office trailers, and parking for the public may be within the project limits shown on the plans. A construction trailer is not required, but may be used. The location of the trailer shall be approved by the Owner. The construction staging area shall be cleaned and restored to its original condition at the completion of the Contract. No separate payment will be made for the construction staging area. All work required to restore the staging area to the original condition is not a separate pay item, but shall be considered in the prices paid for the various contract items of other work. The Contractor shall construct temporary fencing around the staging areas at the direction of the Owner’s Representative and shall remain for the duration of the project. Payment shall be included in the work for which temporary fencing is appurtenant. MATERIAL TICKETS AND WEIGHT TICKETS The Contractor shall collect and furnish the Owner’s Representative with Weight Tickets for materials on a weekly basis. The same applies for concrete placed each day, whereby the Owner’s Representative shall be furnished with copies of each batch ticket for materials placed each day and identify as to where the particular load of concrete was placed. Failure to comply with this submittal may impede payment of supplied materials. EROSION AND SEDIMENT CONTROL DURING CONSTRUCTION The Contractor will be expected to comply with and follow any and all standards established for the Town of Estes Park, Larimer Country, regulatory agencies, and the Storm Water Management Plan. Town of Estes Park employs inspector to ensure compliance. Contractors will be expected to follow directives issued by such individuals, immediately. Non-compliance with erosion control items resulting in lost time for the project will be charged to the contractor responsible for creating the unsatisfactory condition. The contractor shall include in the bid, and is expected to maintain, manage, and keep clean all erosion control measures currently in place. The contractor shall include in their bid, all costs required to implement erosion control measures where they are non-existent or additional measures are required as a direct result of their work. The contractor is expected to repair any damages to erosion control devices, or clean up sediment within twenty four hours following the event which created the damages. The Contractor shall use Best Management Practices (BMPs) for erosion control as outlined in Volume 3 of the Urban Drainage and Flood Control District’s Drainage Criteria Manual. Some BMP’s include: Vehicle Tracking Control: This BMP is required at the access point to the construction site. Chute Washout Containment: This BMP requires that a containment area be designated for the washout of cement truck delivery chutes. This containment area is to be bermed so that wash water is totally contained. Water discharged into the containment area is allowed to infiltrate or evaporate. The dried cement waste is removed and properly disposed of. Street Sweeping: This BMP requires that paved surfaces which are adjacent to construction sites be swept in a timely manner when sediment and other materials are tracked or discharged on to them. Either sweeping by hand or use of street sweepers is acceptable. Street sweepers using water while sweeping is preferred in order to minimize dust. Flushing off paved surfaces with water is prohibited. Erosion Blanket: To be used on slopes prone to wash out, or in areas where slopes exceed 4:1 (Horizontal distance: Vertical distance) Straw Waddle: To be used at toes of slopes, or as check dams in areas where water flow is more concentrated. Rock Bags: To be used to intercept sediment before it enters storm water inlets. SUBSURFACE CONDITIONS The Owner and Owner’s Representatives do not claim to know the subsurface conditions of the site. If bidders wish to conduct their own subsurface investigations at the project site, the Owner may afford them the opportunity to do so prior to opening of bids at the bidder’s sole expense. SEQUENCE AND TIMING FOR CONTRACT REVISIONS All non-emergency requests for additional work or revisions to the scope of work shall follow the following sequence. The owner or owner’s representative shall submit to the contractor a request for pricing. The contractor shall submit pricing for the request. The time for this step shall include any requests for additional information or clarifications. This step shall not exceed seven calendar days unless specified in advance in the request for pricing. The owner’s representative and owner will review and evaluate the pricing request. This step shall not exceed seven calendar days unless agreed upon in advance. The contractor will revise and/or resubmit pricing or revise/resubmit the scope of work if the original proposal is not agreeable to the owner. This step shall not exceed seven calendar days unless agree upon in advance. The owner will make a decision to perform the work and issue a document stating that work shall proceed. The fore mentioned steps shall all be performed in a timely manner, but not to exceed seven calendar days with out agreement from the contractor, owner’s representative, and owner. Any agreement shall specify a reasonable time frame for each request. END OF SECTION DIVISION 1 GENERAL REQUIREMENTS SECTION 011100 SUMMARY OF WORK PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED: A. Title of Work. B. Work by Others and Future Work. C. Contractor Use of Premises. D. Coordination. E. Field Engineering. F. Reference Standards. G. Protection. 1.02 WORK COVERED BY CONTRACT DOCUMENTS: This Contract covers site improvements, for the project titled “Stanley Park Fairgrounds Grading & Sanitary Sewer Improvements”. A. Overlot grading to bring the site with in +/- 0.2 foot from finished grade, except under the finished floors for both buildings where overlot grading shall be -0.92 foot, and where additional shaping is shown on plans, or as required for site features. B. Drainage improvements (such as inlets and pipes). 1.03 WORK BY OTHERS: A. N/A 1.04 CONTRACTOR USE OF PREMISES Coordinate use of premises under direction of Owner's Representative. 1.05 COORDINATION: A. Coordinate work of the various Specification Sections to assure efficient and orderly sequence of construction. Make accommodations for items to be installed later. B. Integrate elements of work; uncover ill-timed, defective, and non-conforming work; and provide samples for testing, as required by Site Work and Technical Specifications, and as requested by the owner or owner’s representative. C. Deficiencies noted shall be repaired in a reasonable time frame, which shall be determined by the Owner’s Representative. 1.06 FIELD ENGINEERING: A. SURVEYS, LINES, AND GRADES 1. Town of Estes Park shall provide all surveys to establish reference points for construction. Contractor shall be responsible for laying out the Work (unless otherwise specified), shall protect and preserve established reference points, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Owners Representative whenever any reference point is located or destroyed or requires relocation before necessary changes in grades or locations. 2. All Work done under this Contract shall be done to the lines, grades, and elevations shown on the Drawings. The Contractor shall keep the Owners Representative informed, a reasonable time in advance, of the times and places at which he wishes to do work in order to ensure proper coordination between trades has been performed. 3. Any Work done without being properly located and established by base lines, offset stakes, benchmarks, or other basic reference points located, established, or checked by the Owners Representative may be ordered removed and replaced at the Contractor's cost and expense. 4. All stakes, benchmarks, and other survey points shall be preserved by the Contractor. B. RECORD DRAWINGS 1. Upon completion of construction, provide one complete record drawings of drawings for the irrigation system, landscape, and all structural elements produced from contractor's notes and cut sheets. 2. At the end of every week, revise a master copy of the construction plans showing work accomplished that week in red ink. As-built copies shall be brought up-to-date at the end of every month and shown to the Owner’s Representative. 3. Upon completion of project, submit for review, prior to final acceptance, final set of as-built drawings to Owner. This set shall be printed at full size. 4. Final record drawings may be submitted in a digital format, compatible with the most current version of AutoCAD. 5. If record drawings are hand written (and satisfactory to the Owner’s Representative) the Owner’s Representative will scan these and distribute electronic copies for recordation. 1.07 REFERENCE STANDARDS: A. For products specified by association or trade standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. The date of the standard is that in effect as of the Bid date, or date of Owner-Contractor Agreement when there are no bids, except when a specific date is specified. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION SECTION 013100 PROJECT MANAGEMENT AND COORDINATION PART 4 - GENERAL 4.01 REQUIREMENTS INCLUDED A. Pre-construction Conferences. B. Progress Meetings. C. Pre-installation Review. 4.02 RELATED REQUIREMENTS Submittals: Progress Schedules. 4.03 PRECONSTRUCTION CONFERENCE Owner's Representative will administer a pre-construction conference for execution of Owner-Contractor Agreement, exchange of preliminary submittals, clarification of Owner and Contractor responsibilities in use of site, and for review of administrative procedures. 4.04 PROGRESS MEETINGS A. Contractor, Owner, and Owner’s representative shall schedule and administer project meetings and inspections throughout the course of the work on a regular basis and/or at critical intervals. B. Attendance: Job superintendent, major subcontractors and suppliers, and Owner's Representative, as appropriate to agenda topics for each meeting. C. Suggested Agenda: Review progress of work, adjustments to progress schedule, delivery schedules, submittals, maintenance of quality standards, pending changes and substitutions, and other items affecting the Work. D. Field reports will serve as the overriding document in the event of any disputes. E. Owner’s Representative may take meeting notes (or minutes) as needed to document agreements or critical observations during these meetings. With in five working days of the meeting, Owner’s Representative will issue these notes, as a “Field Report”, by e-mail to all participants, or other parties effected by decisions or schedules developed during this meeting. All parties shall review these notes for accuracy and omissions. Any corrections to meeting notes shall be noted with in five business days after receipt of the report. After such time, these notes will be filed as a record of the meeting. 4.05 PRE-INSTALLATION REVIEW A. When required in individual Specification Section, schedule a pre-installation review. Notify Owner's Representative three (3) days in advance. B. Require attendance of entities affected by the Work, job superintendent, and subcontractor performing the installation. 4.06 EROSION CONTROL REVIEW A. The contractor will be expected to perform a weekly walk through with representatives from the Town of Estes Park to inspect all erosion control measures in their limits of work and identify items requiring corrective action. Instructions and guidelines for repairs (to include time required to complete repairs) 4.07 SITE OBSERVATION VISITS A. Provide access to and review information with Owner's Representative during regularly scheduled site visits for progress meetings. B. Information to be reviewed: work in progress, problems or conflicts, material samples, testing, and other items affecting the work. C. Contractor shall attempt to schedule inspections during the regular meeting times, however certain items may be required special trips to avoid delays in production schedules. Contractor shall attempt to schedule these meetings one week in advance, and schedule multiple inspections on single visits. 4.08 PROJECT MANAGEMENT BY THE CONTRACTOR A. On Site Supervision, Management, and Monitoring (During Construction and During Maintenace) B. Communication Expectations 1. The contractor shall provide a written report on a weekly basis outlining the work performed for that week and any observations about the condition of the site that are out of the ordinary. C. General Staff Expectations 1. All staff working on the project shall be easily associated with the company they are employed by. Workers shall have a uniform appearance such as similar shirts, hats, jackets where the company name and logo are visible. All equipment shall be marked in visible locations with the company name and logo. 2. Workers shall not interact with or receive direction from home owners unless requested by the Owner or Owner’s Representative. If approached by home owners or someone not in the chain of command, workers shall politely state they must follow certain guidelines to ensure all communication is documented. 4.09 REPORTING DAMAGE AND AUTHORIZATION FOR REPAIRS When damages occur on the project site the following policies shall apply. A. In cases where required work is covered by the warranty, the contractor shall proceed immediately with repairs since it is not necessary to authorize costs. B. Payment will be based on unit costs supplied in the bid documents. C. In cases where a unit cost does not exist, the contractor will be required to supply a quote to the Owner’s Representative for approval. D. If the nature of the damage requires immediate attention the minimum amount of work required to neutralize the damage shall be performed in the absence of authorization. E. At the end of each month damages will be quantified and entered on the pay application. F. After damages are noticed the contractor shall notify the Owner’s Representative immediately for direction on how to proceed. Notification shall come through e-mail, text message, or phone call. The contractor shall continue to notify the Owner’s Representative until a confirmation received. G. It will be the duty of the Owner’s Representatives to decide the schedule for repairs or if certain tasks shall be performed immediately so that repairs can be completed at a more convenient time. H. If the Owner’s Representative requests a quote to perform repairs, this shall be provided no more than three calendar days following the request. I. All communication regarding repairs shall be documented. If phone calls are exchanged to resolve matters, the Owner’s Representative shall send an e-mail or prepare a report explaining the issue and the corrective actions agreed upon. J. The Owner’s Representative must authorize all repairs. 4.10 MEASUREMENT AND PAYMENTS A. This shall apply to all sections B. The contractor will be required to submit a worksheet with their monthly pay application that itemizes work that was performed that month. C. Quantities will be based on frequency, number, or areas. D. Linear and area measurements will be determined by the Owner’s Representative by actual field measurements or plan measurements. It will be the contractor’s responsibility to verify the accuracy of this information prior to submitting the final version of the pay application for reimbursement. E. Unit pricing shown on the bid schedule will be used for the basis of determining the value of the work performed. F. In cases where unit pricing is not listed on the bid documents for a task, the contractor must obtain authorization to proceed from the Owner’s Representative before performing the work. Authorization will only be granted after receiving a price quote from the contractor. PART 5 - PRODUCTS Not used. PART 6 - EXECUTION Not used. END OF SECTION SECTION 013300 SUBMITTAL PROCESS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED: A. Procedures B. Construction Progress Schedules C. Schedule of Values D. Shop Drawings E. Materials List F. Manufacturer's Data G. Field Samples 1.02 PROCEDURES: A. Electronic submittals are acceptable. B. Deliver submittals to the Owner's Representative. C. Submit a minimum of one copy for the Contractor’s records, plus two copies which will be retained by Owner's Representative. D. Identify Project, Contractor, subcontractor, major supplier. Identify pertinent Drawing sheet and detail number, and Specification Section number, as appropriate. Identify deviations from Contract Documents. Provide space for Contractor and Owner's Representative review stamps. E. After Owner's Representative's review of submittal, revise and resubmit as required, identifying changes made since previous submittal. F. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions. 1.03 CONSTRUCTION PROGRESS SCHEDULES: A. Provide an electronic copy of the initial progress schedule within 7 days after date of Owner-Contractor Agreement. One copy shall be submitted to the Owner’s representative, the other submitted to the owner. After review by Owner's Representative, revise and resubmit as required. B. Use horizontal bar chart (or Gantt Chart)with separate bar for each major trade or operation, identifying first work day of each week. C. Show projected percentage of completion for each item of Work at each Application for Progress Payment. D. Show submittal dates required for shop drawings, product data, and samples, and product delivery dates, including those furnished by Owner. E. Submit revised schedules on a bi-weekly basis, or as requested by the Owner’s Representative. Identify changes since previous submittal. 1.04 SCHEDULE OF VALUES: A. Submit schedule of values, within bid form. After award of project, the winning bidder shall submit two additional copies of the bid to the Owner's Representative. One copy will be kept by the owner, the other copy will be retained by the owner’s representative. B. Include in each line item a directly proportional amount of Contractor's overheard and profit. C. Revise schedule to list change orders. Submit revised schedule with application for payment. D. Owner or owner’s representative may request all applicable back up information to justify quantities shown on pay applications. Back up may be in the form of invoices, purchase orders, delivery tickets, and visual inspection. E. The installation of this project is unit price type pricing structure, therefore it will not be necessary to verify quantities if the work matches plans, is complete, and functions as described. F. The maintenance portions of this project are similar to a unit price type bid. Quantities may be less than, or exceed the values shown on the supplement to the bid form. Billing will be based on the work performed each month. 1.05 SHOP DRAWINGS: A. When required in individual Specification Section or on Drawings, submit the number of opaque reproductions which Contractor requires, plus one copy which will be retained by Owner's Representative. B. Show products required for proper installation, their relative locations, and critical dimensions. C. Identify deviations from the Contract Documents. 1.06 MATERIALS LIST: When required in individual Specification Section, submit a list of materials included in the work of that section. Identify manufacturer, trade name, and model name, as applicable. Submit within 14 days after date of Owner-Contractor Agreement. 1.07 MANUFACTURER'S DATA: When required in individual Specification Section or on Drawings, submit manufacturer's data for delivery, storage, assembly, installation, start-up, adjusting, and finishing. 1.08 FIELD SAMPLES: Provide field samples of finishes at Project site as required by individual Specification Section. Install sample complete and finished. Acceptable samples in place may be retained in completed Work. 1.09 MOCK UPS A. Where required by individual specification sections, the contractor shall coordinate all mock ups (or test panels) with owner’s representative for review. Mock ups must receive approval prior to commencing activity. B. All masonry work will require approval of a test area. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION SECTION 015000 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED: A. Electricity. B. Water. 1.02 STAGING AREA REQUIREMENTS The contractor’s staging area shall contain the following items A. Fencing The perimeter of the staging area or portion of the staging area may be fenced. A locked gate or access point is recommended. B. Material storage 1. A sufficient amount of area in the staging area shall be allocated for material stock piles such as crusher fines. 2. Any other materials the contractor chooses to store in the stage area shall be kept in a neat and organized fashion. 3. The contractor may elect to secure materials in containers to protect from theft. The Owner is not responsible for theft or vandalism. 4. Stock piled materials shall be stored in such a ways as to comply with the Storm Water Management Program. C. Equipment storage 1. The contractor may store and maintain equipment in their staging area. 2. Fuel containers may not be stored in the staging area. 3. Equipment stored in the staging area shall be kept in a neat and organized fashion. D. Bathroom facilities 1. At a minimum one port-a-let shall be provided for employees. 2. Port-a-lets shall be secured in such a fashion as to prevent accidental tip over or tip over from wind. E. Trash dumpster 1. A dumpster shall be provided in the staging area for construction debris and other trash generated by normal operations on the site. 2. This container must be emptied regularly and never be allowed to over flow. 3. This site is susceptible to high winds, therefore the contractor is urged to empty containers before they have reached their maximum capacity. 1.03 ELECTRICITY: If required the contractor will be responsible for obtaining all materials and equipment to hook up to connection point. If the contractor elects to use a generator in their storage area it may only be operated during normal working hours as outlined in the General Conditions to the contract. 1.04 WATER: Water is available through existing water facility at the Fairgrounds. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION SECTION 016600 PRODUCT STORAGE AND HANDLING PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Products. B. Transportation and Handling. C. Storage and Protection. D. Product Options. E. Substitutions. 1.02 RELATED DOCUMENTS Submittals: Materials list. 1.03 PRODUCTS A. Products include material, equipment, and systems. B. Components required in quantity shall be interchangeable. Should these components be exposed to view, purchase the quantity required for the Work from a single manufacturer. 1.04 TRANSPORTATION AND HANDLING A. Transport products by method to avoid product damage; deliver in dry, undamaged condition in manufacturer's unopened packaging. B. Provide equipment and personnel to handle products by methods to prevent soiling or damage. C. Promptly inspect shipments to assure that products comply with requirements, quantities are correct, and products are undamaged. 1.05 STORAGE AND PROTECTION A. Store products in accordance with manufacturer's instructions, with seals and labels intact and legible. Store sensitive products in weather tight enclosures. B. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged and required storage conditions are met. 1.06 PRODUCT OPTIONS A. Products specified by Reference Standards or by Description Only: Provide any product meeting those standards. B. Products specified by Naming One or Several Manufacturers: Provide products of named manufacturers meeting specifications. No substitutions allowed without prior approval. PART 2 - PRODUCTS Not used. PART 3 - EXECUTION Not used. END OF SECTION DIVISION 2 GENERAL REQUIREMENTS SECTION 021110 CLEARING & GRUBBING PART 1 – GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 2.01 SUMMARY A. Section Includes: 1. Removal and Salvaging of selected site elements. 2. Removal and Disposal of selected site eleme nts. 3. Tree Protection 4. Tree Removal 5. Securing the Site and Staging Areas 6. Removal and Stockpiling of Topsoil B. Related Requireme nts: 1. General Provisions 2. Special Provisions 3. Section 022100 “Earth M oving.” C. Definitions 1. Remove and Dispose: Completely remove ite ms from existing construction including all pavement, bases, and accessories, and legally dispose of them off-site unless indicated to be removed and salvaged or removed and reinstalled. 2. Remove and Salvage: Carefully detach from existing construction, in a manner to prevent damage, and deliver to Owner ready for reuse. 3. Remove and Reinsta ll: Detach items from existing construction, prepare for reuse, and reinstall where indicated. 4. Existing to Remain: Existing items of construction that are not to be permanently removed and that are not otherwise indicated to be removed, removed and salvaged, or removed and reinstalled. D. Materials Ownership 1. Salvaged items become property of the Owner. 2. Demolition waste becomes property of Contractor. 3. Historic items, relics, antiques, and similar objects including, but not limited to, cornerstones and their contents, commemorative plaques and table ts, and other items of interest or value to Owner that may be uncovered during demolition remain the property of Owner. 4. Carefully salvage in a manner to prevent damage and promptly return to Owner. 3.01 PREINSTALLATION MEETINGS A. Predemolition Conference: Conduct conference with the Owner’s Representative at the project site. 1. Inspect and discuss condition of construction to be selectively demolished. 2. Review and finalize selective demolition sche dule and verify availability of materials, demolition personnel, equipment, and facilities needed to make progress and avoid delays. 3. Review require ments of work performed by other trades that rely on substrates 4. exposed by selective demolition opera tions. 5. Review areas where existing construction is to remain and requires protection. 4.01 FIELD CONDITIONS A. Notify OWNER of discrepancies between existing conditions and Drawings before proceeding with selective demolition. 5.01 HAZARDOUS MATERIALS: It is not expected that hazardous materials w ill be encountered in the W ork. A. If suspected hazardous material are encountered, do not disturb; immediately notify OWNER. Owner w ill remove hazardous materials under a separate contract. B. Storage or sale of removed items or materials is not permitted. C. Irrigation: meet on site with the Town of Estes Park Owner’s Representative prior to beginning work to determine the limits of impacts to existing landscape irrigation and the schedule for shut off, removal, repair, and re-starting the irrigation system. Coordinate hand watering by the contractor during the shut off period. 6.01 UTILITY SERVICE : M aintain existing utilitie s and protect them against damage during selective demolition ope rations. A. Maintain fire-protection facilities in service during selective demolition operations. PART 2 - PRODUCTS 1.01 PERFORMANCE REQUIREMENTS A. Regulatory Require ments: Comply with governing EPA notification regulations before beginning se lective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. B. Standards: Comply with ANSI/ASSE A10.6 and NFPA 241. 2.01 TREE PROTECTION FENCE 1. Provide 4-foot high orange PVC netting supporte d on 6-foot long steel drive stakes driven 2 feet into existing grade. 2. Place stakes 6 feet on center. PART 3 - EXECUTION 3.01 GENERAL 1. The scope of work of this section will be agreed to in collaboration with the Owner’s Representative. Care w ill be taken to minimize disturbance when perform ing the work of this contract. Contractor will be responsible for re- working any disturbed area outside of the Limits of W ork shown on the Drawings, to bring it back to its original condition at the Con- tractor’s expense. 2. Prior to beginning work, notify appropriate authorities and confirm that all underground utilities within the proposed work zone have been located and marked. 4.01 TREE PROTECTION FENCING 1. For all existing trees within 10’ of proposed work limits: install tree protection fencing in a closed circle or rectangle at least 6 feet from the trunk. No work, material storage or access of any kind will be allowed inside the tree protection fencing. Maintain fencing in place throughout length of construction period and as directed by the Owner’s Representative. After completion of construction, take down fencing and remove from the site. 2. Do not damage trees to re main by burning, pumping water, cutting roots or bra nches, or by any other means. No trees to be saved w ill be used for crane stays, guys or other fas- te nings. Vehicles will not be allowed within 10 feet of trees and construction materials w ill not be stored beneath trees to be save d. 3. The Contractor w ill be liable for all damage and/or disturbance to existing trees and shrubs not otherwise designate d for removal. Actual charges for damage to plants w ill be in accordance with the schedules defined herein, with assessed charges to be deducted from sums pa yable under the Construction Contract. 1. Damage which, in the Owner’s Representative’s opinion, can be remedied by corrective maintenance will be repaired immediately. 4. Trees under 4 inches in caliper which are damaged irreparably will be replaced with new trees of the same size and type at no cost to the Owner. 5. Trees over 4 inches in caliper which are damaged irreparably w ill be paid for by assessing the Contractor's account at a minimum value of one hundred and fifty dollars ($150.00) per caliper inch, or greater in accordance with the "Guide for Establishing Values of Trees and Other Plants" published by Intl Society of Arboriculture. 5.01 REMOVAL AND SALVAGING A. All items to be removed and salvaged will be removed with care, stockpiled in an offsite location within the same municipality approved by the Owner’s Representative, and salvaged for reuse on this project or saved for reuse on another project a directed by the Owner. Contractor will not damage salvaged items, any damage w ill be re paired at the Contractor’s expe nse. 6.01 REMOVAL AND DISPO SAL A. For all items to be removed and disposed: 1. Confirm that all permits are in place for all removals. 2. Coordinate utility work with the utility authority. Do not perform any utility work without written approval of the utility authority. 3. Remove all items completely including any footings, foundations or appurtenances. 4. Fill any hole(s) created by the removal to with recommendations of the applicable geotechnical study. B. Concrete Pavement Removal 1. Confirm that all traffic control measures are in place and coordinate scheduling with Owner’s Representative. 2. Sawcut and remove concrete paving in the locations shown on Drawings. 3. Do not damage existing concrete curbing, sidewalk pavement, roadway pavement, drainage structures, or other utilities to remain. Any ite ms damaged by the work of this item w ill be repaired at the Contractor’s expense. 4. Legally dispose of concrete pavement off site. C. Tree Removal 1. Fell trees in such a way as to not injure nearby trees, shrubs, buildings, utility wires, or other objects. 2. Tree removal will include the felling, cutting, and satisfactory disposal of all trees, stumps and vegetative debris produced through the clearing operations. 3. Completely remove tree stumps. D. Stripping and stockpiling existing topsoil 1. Stripping and Stockpiling of Topsoil: Prior to starting general excavation, all natural topsoil w ill be stripped from areas to be re- graded and re-surfaced and w ill be stockpiled in locations approved by the Owner’s Representative for later reuse on- site. Topsoil stockpiled will be free from trash, brush, stones over 1 inch in diameter and other extraneous matter. 2. W ork will include the excavation, screening to remove plants, rocks and debris, and stockpiling of existing topsoil to the depth determined by inspection in the field PART 4: COMPENSATION 1.01 MEASURMENT A. All work shown on the Plans is included in this item. Clearing & Grubbing includes, but is not limited to sawcutting pavement; tree protection and fencing; rem oval and stock piling topsoil; save and protection items; remove and salvage items; remove and dis- pose items; security fencing and gates; capping wells and adjusting utilities to grade; grinding tree stum ps; transporting and storing salvaged items as directed by the Town and all other work necessary to prepare the site for the work of this contract. B. Separate items of work w ill not be measure d but are incidental to the Clearing & Grubbing item. W ork under this item will be measured according to the contract unit price as follows: C. CLEARING & GRUBBING LUMP SUM 2.01 BASIS OF PAYMENT A. Payment for CLEARING & GRUBBING will constitute full compensation for complete compliance with requirements of this item, including all labor, equipment, materials, tools, incidental work, and construction me thods. END SECTION SECTION 022100 EARTH M OVING PART 1 - GENERAL 1.01 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. B. SUMMARY Section Includes: 1. Excavating, backfilling, and preparing subgrades and base courses for slabs on grade, pavements, structures, curbs, and foundations. C. Related Sections: 2.01 UNIT PRICES A. W ork of this Section is affected by unit prices for earth moving specified in Part 4. 3.01 DEFINITIONS A. Back fill: Soil mate rial or controlled low-strength material used to fill an excavation. B. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe. 1. Final Backfill: Backfill place d over initial backfill to fill a trench. C. Base Course: Aggregate layer place d between the subbase course and hot- mix asphalt paving. D. Bedding Course: Aggregate layer place d over the excavated subgrade in a trench before laying pipe. E. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill. F. Drainage Course: Aggregate layer supporting the slab-on-grade that also minim izes upward capillary flow of pore water. G. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated. 1. Authorize d Additional Exca vation: Excava tion below subgrade elevations or beyond indicate d lines and dimensions as directed by Owner. Authorize d additional exca vation and repla ceme nt material w ill be paid for according to Contract provisions for unit prices. 2. Bulk Excavation: Exca vation more than 10 feet in width and more than 20 feet in length 3. Unauthorized Exca vation: Excava tion belo w subgrade elevations or beyond indicated lines and dimensions without direction by Landscape Architect. Unauthorize d exca vation, as well as remedial work will be without additional compensation. H. Fill: Soil materials used to raise existing grades. I. Structures: Buildings, footings, foundations, re taining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary feature s constructed above or below the ground surface. J. Subbase Course: Aggregate layer placed between the subgrade and base course for hot- mix asphalt pavement, or aggregate layer placed between the subgrade and a cement concrete pavement or a cement concrete or hot-mix asphalt walk. K. Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill immediately below subbase, drainage fill, drainage course, or topsoil ma terials. L. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings 4.01 SCOPE A. The work of this Section consists of all earthwork and related items as indicated on the drawings and/or as specified herein and includes the following: 1. Excavation, filling and grading. 2. Providing, placing, and compacting fill materials. 3. Stockpiling topsoil for reuse. 4. Erosion and sedimenta tion control. B. All work w ill also include the preserva tion from injury or defacement of all vegetation and objects designated to remain as shown on the Drawings or as directed by the Owner’s Repre sentative. 5.01 STANDARDS AND DEFINITIONS: The following standard(s) as referenced herein are applicable in their entirety to work of this Section. A. ASTM: American Society for Testing and Materials. B. AASHTO: American Association of State Highway and Transportation Officials. C. CDOT: Colorado Department of Transportation Standard Specifications D. Larimer County, Colorado Standards and Specifications. E. Upper Thompson Sanitation District Standards and Specifications. 6.01 EXAMINATION OF SITE AND DOCUMENTS A. Inspect the site prior to beginning work and request clarification regarding the disposition of any conditions that are not shown on the Drawings. 7.01 STRUCTURAL SOILS A. This structural soils section will apply to all areas supporting concrete footings and foundations. B. The owner w ill employ a Geotechnical Engineer to observe all excava tions & subgrade at all areas that are to receive footings. The contractor will provide suffic ient notice to the Geotechnical Engineer of the schedule for performing earthwork. C. The contractor w ill remove any areas of debris-filled, loose, soft, or otherwise objection- able soil, as determined by the Geotechnical Engineer that is not suitable to uniformly support the footings. The Ge otechnical Engineer will approve any require d fill soil and compaction limits. D. The Geote chnical Engineer will perform all testing and inspection necessary at footing excavations to verif y that the allowable soil bearing capacity meets or exceeds the capacity assumed during design. If the soil cannot meet the assumed soil bearing, the Geotechnical Engineer w ill make a recommendation of the actual allowable soil bearing capacity to the Owner and the contractor w ill not proceed with work in that area, as re-design of the footing may be required. 8.01 SAMPLES AND SUBMITTALS A. Provide a certification that the contractor will comply with the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit. B. Common Borrow, Structural Fill (Aggregate), Crusher Fines, and Asphalt Screenings: provide certified test results with complete sieve analysis for each items as well as a complete description of materials. C. The Geotechnical Engineer will submit written inspection and testing reports to the Owner noting the tests performed, inspections completed, and conclusions regarding the acceptability of the work. 9.01 PERMITS, CODES, AND SAFETY REQUIREMENTS A. Comply with all rules, regulations, laws and ordinances of the City and State, and all other authorities having jurisdiction over the project site. All labor, materials, equipment and services necessary to make the work comply with such requirements will be provided by the Contractor B. Comply with the provisions of the Manual for Accident Prevention in Construction of the Associated General Contractors of America, Inc., and the requirements of the Occupational Safety and Health Administration, United States Department of Labor C. Acquire all permits and licenses required to complete work specified herein and shown on the Drawings. D. Do not close or obstruct any street, sidewalk, or passageway without permission from the Owner’s Representative. 10.01 LAYOUT AND GRADES A. The Contractor will pay for survey and layout work required for construction as part of the cost of each Earthwork Item. Complete Survey W ork at least 48 hours before scheduled start of construction. Ensure that lines and grades have been established by the Owner’s Representative’s surveyor prior to beginning work. B. The words "finished grade" as used herein will mean final grade elevations indicated on the Drawings. Project site areas will be given uniform slope between points for which finished grades are indicated or between such points and existing established grades except at the top and toe of slopes where curving, smooth and continuous slopes will be established. 11.01 PROTECTION OF EXISTING CONDITIONS A. All rules and regulations governing the respective utilities will be observed during the execution of the work under this Section. All work will be executed in such a manner as to prevent any damage to existing buildings, streets, curbs, paving, service utility lines, structures and adjoining property. B. Locate and mark underground utilities to remain in service before beginning work. C. Protect all existing utilities to remain during operations. Do not interrupt existing utilities except when authorized in writing by authorities having jurisdiction. PART 2: PRODUCTS 2.02 MATERIALS A. General A. Fill materials will conform to the following material descriptions. AASHTO T11, T27 and AASHTO M145 will determine gradation requirements. 3.02 COMMON BORROW A. Well-graded, natural inorganic soil from a local source. B. No organic, weak, compressible, or frozen materials. C. Of a consistency and texture that can be easily placed to form embankments and compacted to the specified densities D. Containing no highly plastic clays and free from all materials subject to decay, decomposition, or dissolution and free from cinders or other materials which will corrode piping or other metal. E. A dry maximum density of not less than 100 lbs. per cubic foot. 4.02 AGGREGATE A. Class VI Aggregate Base Course in compliance with CDOT Section 304 Aggregate Base Course and Section 700 Materials Details, paragraph 703.03 Aggregate for Bases. 5.02 TOPSOIL A. N/A 6.02 GEOTEXTILE FABRIC A. Geotextile Filter Fabric soil separator: M irifi 140N nonwoven geotextile filter fabric or approved equal. 7.02 EROSION AND SEDIMENTATION CONTROL MATERIALS A. Straw bales will be wire or nylon bound bales of straw. Provide two inch by two inch (2" x 2") wood stakes or steel reinforcing bars of minimum No. 4 size to secure bales. B. Siltation fence will consist of four foot (4') high wood lath snow fence, filter fabric and support stakes. C. Filter fabric material will be Mirafi 100X by Mirafi, Inc., Charlotte, NC or approved equal. D. Provide six foot (6') long stamped metal drive stakes to support fence and heavy nylon cord to secure filter fabric. 8.02 STRUCTURAL FILL A. Structural Fill will be as recommended by the Geotechnical Engineer and as follows: 1. Non e xpansive material free of organic matter and debris similar to the on-site soils or imported structural fill, such as a 1/2-inch minus, CDOT Class 7 Aggregate Road Base, conforming to the following: 2. G radation: 1” – 100% passing (percent finer by weight ASTM C136), No. 8 Sieve – 20-85% passing, and No. 200 Sieve – 20% (max) Liquid Limit: 35 (max), Plasticity Index: 15 (max), R- Value: 50 (min) PART 3: EXECUTION 1.03 GRADES AND ELEVATIONS A. The Drawings indicate alignments, grade elevations and invert elevations. Establish the lines and grades in conformity with the Drawings. The Engineer, however, will make such adjustments in the field as are found necessary in order to avoid interference with any special conditions encountered. B. Project areas will be given uniform slopes between points for which finished grades are indicated or between such points and existing established grades. All lawns and planting areas will slope at a minimum of 2%. Round the tops and toes of all slopes as directed by Owner’s Representative. Notify Owner’s representative of any conditions are encountered that will not allow adequate surface slope and request direction before proceeding. C. Coordinate with the Owner’s representative so that suitable grade stakes are located and maintained until finish grade is accepted. Maintain sufficient reference points at all times during construction to properly perform the contract installation. D. Base materials in areas to be paved will be installed with the same surface slope as proposed finished grade. 2.03 EXCAVATION A. Excavation will be sequenced to ensure the most efficient reuse of excavated materials on site. Suitable materials will be used or stockpiled for later use in backfill and subgrade preparation. Unsuitable excavated materials will be removed from the site and legally disposed. B. Excavate all materials to the elevations, dimensions and form as shown on the Drawings. C. Excavate to elevations indicated or required, as will allow footings and pavement to rest on firm, undisturbed earth or rock, free of loose materials. D. Poorly draining soils and soils that cannot be compacted to specified densities will be removed from the site. E. Any excess excavation which has been carried, through error, beyond specified depths or dimensions will be backfilled with common borrow by the Contractor at no additional expense. F. In general, machine excavation will be permitted with the exception of work in the vicinity of existing utilities or within the drip line of existing trees to remain, which will be hand work. 1. Comply with local safety regulations and with provisions of "Accident Prevention in 2. Construction" published by the Associated General Contractors of America, Inc. G. W hen excavating in close proximity to buildings, walks, structures, and utilities take precautions to protect them by sheeting, shoring, and/or building surface drainage ditches to divert storm water away from the area of excavation. 3.03 FILLING, BACKFILLING AND COMPACTION A. Placing Fills and Compacting: 1. All areas to be filled or backfilled, as shown on Drawings, will be free of, refuse, compressible or decayable materials and standing water. Do not place fill when fill materials or material below it are frozen. No fill materials containing ice or frozen lumps will be used. 2. Inert construction debris such as concrete and asphalt fragments will not be allowed . 3. Compacted subgrade will be the graded surface prior to any fills. Rough grade will be the top surface of subgrade ready to receive topsoil or paving. B. At the completion of excavation and before placing any fills, compact Subgrades that are determined to be unconsolidated, to the same compaction levels required for placed fills as required hereinafter. 1. Do not place fill that is too wet or too dry to be compacted to the required density. C. De-water or add water as required to comply with specifications. D. Fill will be placed as recommended in the geotechnical report. Required percentages of maximum dry densities shall conform to recommendations in the geotechnical report. E. Backfilling trenches will comply with the requirements of Section 022100 Earth Moving. 4.03 ROUGH GRADING A. Rough grading will include the shaping, trimming, rolling, and refinishing of all surfaces of the subbase and the preparation of grades as shown on the Drawings. Traffic of men and equipment across soil subgrade areas will be prohibited following excavation to the required lines and grades. B. If, during the progress of the W ork, any pipe, drain or other construction is damaged due to operations under this Contract, the Contractor will repair all damage at no additional cost to the Owner and restore damaged areas to their original conditions. C. Do all other cutting, filling and grading to the lines and grades indicated on the Drawings. Grade evenly to within the dimensions required for grades shown on Drawings and as specified herein. No stones larger than 3 inches in largest dimension will be placed in upper 6 inches of fill. Fill will be left in a compacted state at the end of the workday and sloped to drain. D. The Contractor will bring all areas to grades as shown on the Drawings and in the details. E. W herever streets, lawns, or sidewalks or other items contained within or outside the Limit of Contract lines have been excavated in fulfilling the work required under this Contract, the Contractor will furnish and install all materials necessary to bring finish surfaces level with the existing adjacent surfaces. All work will be installed to match the existing conditions. F. Placed fill materials, which become disturbed, will be re-graded and re-compacted. Fill materials, which become contaminated, will be removed and replaced. 5.03 STOCKPILING TOPSOIL A. Install tree protection fencing and confirm the limits of topsoil excavation with the Owner’s Representative. B. Excavate topsoil to the agreed depth and screen to remove stones, sod, plants, and debris. C. Stockpile topsoil in the approved location. 6.03 EROSION AND SEDIMENTATION CONTROL A. The Contractor will provide suitable and adequate means of temporary protection during construction, to prevent erosion, siltation and sedimentation of streets, sidewalks, drains, and properties. This work will be accomplished adjacent to grading, soil preparation, and excavation work, and in the location of stockpiles of soil. Contractor will comply with the requirements of the Colorado Department of Natural Resources. B. Means of protection will be as required to provide continuous erosion and sedimentation control protection throughout the construction period. Provide Filter Tube protection at all manholes and storm sewer catch basins and intakes. Provide Silt fences at the base of all slopes, along curbs and at regular intervals in all drainage swales. Installation of Filter Tubes, Hay Bales, and Silt Fences as required. C. Maintain records of construction activities including dates for all construction activities. Prepare erosion control inspection reports summarizing measures in place, areas inspected, observed conditions, and changes necessary to meet state and federal requirements. D. Report any “Hazardous Conditions” to the Colorado Department of Natural Resources and sheriff’s office not less than six hours after the onset of such a condition. 7.03 CLEANUP A. At the end of all excavation, filling and grading operations and before acceptance of the work, the Contractor will remove all debris, rubbish, etc., from the site. The premises will be left clean and presentable to the Owner's satisfaction. PART 4: COMPENSATION 1.04 MEASUREMENT A. W ork under each item will be measured or paid under the following items: 1. UNCLASSIFIED EXCAVATION CUBIC YARD 2. ROCK EXCAVATION CUBIC YARD 3. EMBANKMENT CUBIC YARD 4. STRUCTURAL BACK FILL CLASS 1 CUBIC YARD 5. CDOT CLASS VI AGG REGATE BASE COURSE CUBIC YARD 6. STABILIZED ENTRANCE EACH 7. SILT FENCE LINEAR FT 8. INLET PROTECTION EACH 2.04 Basis of Payment A. Payment for each item w ill be made according to the contract unit price and will constitute full compensa tion for complete compliance with requirements of this item, including all labor, equipment, materials, tools, incidental work, and construction methods. Fill materials w ill be measured and paid as compacted in-place. Subgrade preparation will include excavation and removal of unacceptable materials, scarifying subgrade to 6” depth, and compacting subgrade to 95% SPD. END OF SECTION SECTION 022110 ROUGH GRADING PART 1 – GENERAL 1.01 WORK INCLUDED Remove topsoil and stock pile for later reuse as directed by Owner. Excavate subsoil and stockpile for later reuse. Remove excess from site as directed by owner. Grade and rough contour site. 1.02 RELATED SECTIONS Section 021110 – Clearing & Grubbing Section 022220 – Excavation Section 022230 – Backfilling: Building and site backfilling. Section 022250 – Trenching: Trenching and backfilling for utilities. 1.03 PROJECT RECORD DOCUMENTS A. Submit documents under provisions of Section 017000. B. Accurately record location of utilities remaining, rerouted utilities, new utilities by horizontal dimensions, elevations or inverts and slope gradients. 1.04 PROTECTION A. Protect trees, shrubs, lawns, rock outcropping and other features remaining as portion of final landscaping. B. Protect bench marks, existing structures, fences, roads, sidewalks, paving and curbs. C. Protect above or below grade utilities which are to remain. D. Repair damage done by Contractor’s activities on and off the site. E. All hay bales around jurisdictional line and south and west property lines shall be maintained through the entire construction period. 1.05 REGULATORY REQUIREMENTS A. Conform to permit issued by the Estes Park Department of Public Works. PART 2 – PRODUCTS 2.01 MATERIALS A. Topsoil: Excavated material, graded free of roots, rocks larger than one-half inch, subsoil, debris and large weeds. B. Subsoil: Excavated material, graded free of lumps larger than 3 inches, rocks larger than 2 inches and debris. C. Fill: All material used for embankment shall be clean sand capable of supporting buildings and roadway loads. PART 3 – EXECUTION 3.01 PREPARATION A. Identify required lines, levels, contours and datum. B. Identify known below-grade utilities. Stake and flag locations. C. Identify and flag above grade utilities. D. Maintain and protect existing utilities remaining which pass through work area. E. Notify utility company of proposed construction/excavation activities. F. Upon discovery of unknown utility or concealed conditions, discontinue affected work; notify Engineer. 3.02 TOPSOIL EXCAVATION A. Excavate topsoil from areas to be further excavated, re-landscaped or regarded marked areas entire site and stockpile in area designated on site. B. Remove excess topsoil not being reused from site. Remove from site. C. Stockpile topsoil to depth not exceeding 8 feet. Cover to protect from erosion. 3.03 SUBSOIL EXCAVATION A. Excavate subsoil from areas to be regarded and remove excess subsoil not being reused from site as directed by owner. B. Stockpile subsoil to depth not exceeding 8 feet. C. When excavation through roots is necessary, perform work by hand and cut roots with a sharp axe. 3.04 TOLERANCES A. All grading shall be performed to the lines and grades shown on the plans. B. Grades shall be smooth and uniform between elevations shown. END OF SECTION SECTION 022220 EXCAVATION PART 1 – GENERAL 1.01 SECTION INCLUDES Excavation for building foundations Excavation for shoring Excavation for site structures 1.02 RELATED SECTIONS Section 015000 – Construction Facilities and Temporary Controls: Dewatering excavations and water control Section 022110 – Rough Grading: Topsoil and subsoil removal from site surface Section 022230 – Backfilling Section 022250 – Trenching: Excavation for utility trenches 1.03 FIELD MEASUREMENTS A. Verify that survey benchmark and intended elevations for the Work are as indicated. 1.04 EROSION CONTROL A. Erosion shall be controlled during construction in conformance with Colorado Department of Transportation Specifications. B. Hay bales shall be required to be placed in order to prevent sediment transport across the site, off-site or into existing ditches and/or drainage systems. C. All work shall be in conformance with the permit issued by the Town of Estes Park Public Works. PART 2 – PRODUCTS Not used. PART 3 – EXECUTION 3.01 PREPARATION A. Identify required lines, levels, contours and datum. B. Identify known underground, above ground and aerial utilities. Stake and flag locations. C. Notify utility company to remove and relocate utilities as necessary. D. Protect above and below grade utilities which are to remain. E. Protect plant life, lawns and other features remaining as a portion of final landscaping. F. Protect bench marks, sidewalks, paving and curbs from excavation equipment and vehicular traffic. 3.02 EXCAVATION A. Excavate subsoil required to accommodate building foundations, slabs-on-grade, paving and site structures. B. Machine slope banks to angle of repose or less, until shored. C. Excavation cut not to interfere with normal 45 degree bearing splay of foundation. D. Grade top perimeter of excavation to prevent surface water from draining into excavation. E. Hand trim excavation. Remove loose matter. F. Notify Engineer of unexpected subsurface conditions and discontinue affected Work in area until notified to resume work. G. Correct unauthorized excavation at no extra cost to Owner. H. Correct areas over-excavated by error in accordance with Section 022220. I. Stockpile excavated material in area designated on site and remove excess material not being reused from site. 3.03 FIELD QUALITY CONTROL A. Field inspection will be performed under provisions of Section 014000. B. Provide for visual inspection of bearing surfaces. 3.04 TRENCH EXCAVATION A. Trenches for pipe installation shall be excavated to the required depth and to a width to allow adequate working room. B. The bottom of the trench shall be carefully graded, compacted and formed to fit the bottom quadrant of the barrel of the pipe and shall be recessed in the area of the bell. C. All bedding upon which the pipe will rest shall be a well-graded material free from rocks, bricks, roots or any other deleterious material. D. The width of the trench below the top of the pipe shall not exceed the pipe diameter plus two feet and the walls of this portion of the trench shall be vertical. E. When undercutting is necessary to remove unsuitable material, the trench shall be backfilled with approved granular material which shall be compacted to a point six inches above the bottom of the pipe. F. Such granular material shall form a firm foundation for the pipe and shall be shaped to fit the bottom of the pipe. 3.05 EXCAVATION FOR RETENTION AREAS A. Retention areas shown on the Plans shall be excavated to the lines and grades shown. B. Care shall be taken to prevent erosion prior to the establishment of the cover crop. 3.06 SHEETING AND SHORING A. Where, at the discretion of the Contractor, sheeting and shoring is required, said sheeting and shoring shall be properly installed and maintained by the Contractor at no additional expense to the Owner. B. Sheeting and shoring shall be used to furnish safe working conditions, to prevent shifting of material, to prevent damage to structures and/or pipelines, and to avoid delay in the work. C. Bracing shall be so arranged as to not place any strain on portions of completed work until the general construction has proceeded far enough to provide ample strength. D. Sufficient sheeting or supports shall be installed to protect the work and to prevent any damage to new or existing structures and to adjacent property. E. In general, the sheeting and bracing shall be removed as the trench or excavation is backfilled, and in such a manner as to avoid the caving in of the bank or disturbance to adjacent areas or structures. F. The voids left by the withdrawal of the sheeting shall be carefully filled to the satisfaction of the Owner. G. The responsibility for injury to structures or other property or persons resulting from failure to leave such responsibility of the Contractor. 3.07 EMBANKMENT CONSTRUCTION A. Construction of embankments shall be in conformance with the Colorado Department of Transportation specifications and the recommendations of the geotechnical report. B. No material containing mulch, roots, stumps, brush, large rocks or rubbish shall be used in the construction of embankments. C. Embankments for areas designed to be paved shall be completed and shaped to the limits shown on the Plans. D. Embankments shall be placed in lifts not exceeding six inches; each lift shall be compacted prior to placement of additional material. E. Compaction shall be 95 percent of the soil’s maximum dry density as determined by the modified proctor compaction test or to recommendation of the geotechnical report, whichever is more stringent. F. Embankment for areas to be grassed shall be brought to the proposed grades shown on the Plans. G. Embankment material shall be placed in successive layers of not more than 12 inches in thickness and each layer shall be compacted to a density of 90 percent of the soil’s maximum dry density as determined by the modified proctor compaction test. H. Embankment for areas designated as building areas shall be completed and shaped to the limits shown. I. Embankment shall be placed in lifts not exceeding six inches. J. Each lift shall be compacted prior to placement of additional material. K. Compaction shall be to 98 percent of the soil’s maximum dry density as determined by the modified proctor compaction test. L. Embankment shall be constructed to within 11 inches of the finished slab elevations noted on the Plans and to limits 5 feet beyond the proposed building lines shown. END OF SECTION SECTION 022230 BACKFILLING PART 1 – GENERAL 1.01 SECTION INCLUDES Building perimeter backfilling Site filling and backfilling Fill under slabs-on-grade Consolidation and compaction Fill for over-excavation Fill for roadways and parking areas 1.02 RELATED SECTIONS Section 014000 – Quality Control: Testing fill compaction Section 022250 – Trenching: Backfilling of utility trenches The Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction, latest edition with all supplements, shall form a part of this Section. 1.03 REFERENCES ANSI/ASTM D1556 – Test Method for Density of Soil in Place by the Sand-Cone Method. ANSI/ASTM test method for Density of Soils in place by Naocular Method. ANSI/ASTM D1557 – Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures Using 10 pound Rammer and 18 inch Drop. 1.04 SUBMITTALS A. Submit under provisions of Section 01300. 1.05 REGULATORY REQUIREMENTS A. All work shall be in conformance with the permits issued by the Town of Estes Park and the Upper Thompson Sanitation District. 1.06 PRECAUTIONS A. Contractor shall take every precaution to prevent damage to adjacent properties from the use of high density vibratory compaction equipment. Should the use of this equipment be suspect of having potential for damaging adjacent properties, the Owner should be contacted for approval of substitute equipment. PART 2 – PRODUCTS 2.01 FILL MATERIALS A. All material used for the backfill shall be free from wood, lumber, large rocks or other material which may later cause settlement. Backfilling shall be done only when the moisture content is within acceptable limits to obtain the required density. PART 3 – EXECUTION 3.01 EXAMINATION A. Verify fill materials to be reused are acceptable. 3.02 PREPARATION A. Generally, compact subgrade to density requirements for subsequent backfill materials. B. Cut out soft areas of subgrade not capable of insitu compaction. Backfill with 9” lifts and compact within 94%-98% maximum dry density. END OF SECTION SECTION 022250 TRENCHING PART 1 – GENERAL 1.01 SECTION INCLUDES Excavate trenches for utilities from five feet outside building to municipal utilities Compacted bedding under fill over utilities to subgrade elevations Backfilling and compaction 1.02 RELATED SECTIONS Section 014000 – Quality Control: Testing fill Section 015000 – Construction Facilities and Temporary Controls: Water control in excavations Section 022110 – Rough Grading: Topsoil and subsoil removal from site surface Section 022220 – Excavation: General building excavation Section 022230 – Backfilling: General backfilling Section 027300 – Sanitary Sewer Systems: Sewer piping from building to Upper Thompson Sanitation District Applicable Sections of the Colorado Department of Transportation, latest edition 1.03 REFERENCES ANSI/ASTM D1556 – Test Method for Density of Soil in Place by the Sand-Cone Method ANSI/ASTM D1557 – Test Methods for Moisture-Density Relations of Soils and Soil- Aggregate Mixtures Using 10 pound Rammer and 18 inch Drop 1.04 SUBMITTALS A. Submit under provisions of Section 013000. 1.05 FIELD MEASUREMENTS A. Verify that survey benchmark and intended elevations for the Work are as shown on Drawings. PART 2 – PRODUCTS 2.01 FILL MATERIAL A. Type of material as specified in Section 022100. 2.02 BED MATERIAL A. Sand: Natural river or bank sand; washed; free of silt, clay, loam, friable or soluble materials, or organic matter; graded in accordance with ANSI/ASTMC136. B. Subsoil: Reused, as approved by Engineer. 2.03 ACCESSORIES Not Used. PART 3 – EXECUTION 3.01 EXAMINATION A. Verify fill materials to be reused are acceptable. 3.02 PREPARATION A. Identify required lines, levels, contours and datum. B. Cut out soft areas of subgrade not capable of insitu compaction. Backfill with fill and compact to density equal to or greater than requirements for subsequent backfill material. 3.03 EXCAVATION A. Trench Excavation: Trenches for pipe installation shall be excavated to the required depth and to a width to allow adequate working room. The bottom of the trench shall be carefully graded, compacted, and formed to fit the bottom quadrant of the barrel of the pipe and shall be recessed in the area of the bell. All bedding upon which the pipe will rest shall be a well-graded material free from rocks, bricks, roots or any other deleterious material. The width of the trench below the top of the pipe shall not exceed the pipe diameter plus two feet and the walls of this portion of the trench shall be vertical. 1. When undercutting is necessary to remove unsuitable material, the trench shall be backfilled with approved granular material which shall be compacted to a point six inches above the bottom of the pipe. Such granular material shall form a firm foundation for the pipe and shall be shaped to fit the bottom of the pipe. 3.04 BEDDING A. Support pipe and conduit during placement and compaction of bedding fill. 3.05 BACKFILLING A. Backfill trenches to contours and elevations with acceptable materials. B. Systematically backfill to allow maximum time for natural settlement. C. Do not backfill over porous, wet or spongy subgrade surfaces. D. Granular Fill: Place and compact materials in continuous layers not exceeding 8 inches compacted depth. E. Soil Fill: Place and compact material in continuous layers not exceeding 8 inches compacted depth. F. Employ a placement method that does not disturb or damage foundation perimeter drainage and conduit in trench. G. Maintain optimum moisture content of backfill materials to attain required compaction density. H. Remove surplus backfill materials from site as directed by Owner. I. Leave fill material stockpile areas completely free of excess fill materials. 3.06 TOLERANCES A. Top Surface of Backfilling: Plus or minus one inch from required elevations. B. Top Surface of General Backfilling: Plus or minus one inch from required elevations. 3.07 FIELD QUALITY CONTROL A. Field inspection and testing will be performed under provisions of Section 014000. B. Tests and analysis of fill material will be performed in accordance with ANSI/ASTM D1557 and with Section 01400. C. Compaction testing will be performed in accordance with ANSI/ASTM D1557 and with Section 014000. D. If tests indicate Work does not meet specified requirements, remove Work, replace and retest at no cost to Owner. 3.08 PROTECTION OF FINISHED WORK A. Protect finished Work under provisions of Section 015000. B. Recompact fills subjected to vehicular traffic. 3.09 SCHEDULE A. Storm Piping: 1. Bedding Fill: Type 6 inches thick, compacted as 95 percent of their Modified Proctor. 2. Cover with fill, in 8 inch lifts, compacted to 95 percent of their Modified Proctor. END OF SECTION SECTION 027200 STORM SEWAGE SYSTEMS PART 1 - GENERAL 1.1 SECTION IN CLUDES A. Piping and concrete structures for storm sewer system, roof drainage, and culverts 1.2 RELATED SECTIONS A. Section 022100 – Earth Moving 1.3 REFERENCES A. ACPA - American Concrete Pipe Association B. ASTM C76 - Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe C. ASTM C150 – Portland Cement D. ASTM C443 - Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets E. ASTM C478 – Precast Concrete Structures F. ASTM C497 - Testing Concrete Pipe, Manhole Sections, or Tile G. ASTM A48 - Gray Iron Castings H. ASTM A185 - Steel W elded W ire Fabric, Plain, for Concrete Reinforcement I. ASTM A615 - Deformed and Plain Billet-Steel Bars for Concrete Reinforcement J. ASTM C33 - Concrete Aggregates K. Colorado Department of Transportation (CDOT) Standard Specifications for Road and Bridge Construction 1.4 DESIGN REQUIREMENTS A. Com ply with applicable require ments of ASTM C76 B. Com ply w ith the latest revision of the Larimer County Stormwater Management Manual, Urban Drainage and Flood C ontrol District (UDFCD), and CDPHE Stormwater and/or Groundwater Discharge Permit and related storm desig n criteria. If standards conflict, the more stringent criteria shall govern. 1.5 SUBM ITTALS A. Subm it under provisions of Division One Specifications B. Shop Drawings: Provide dra wings with pipe and structure details, design standards, reinforcement, dime nsions, etc. Provide additional detailed information (including elevations, fittings, specialty materials or fabrications, etc.) for special or custom features, structures, junctions and/or pipes. Provide pipe-laying sche dule. C. Product Data: Provide sufficient data on features, pipe, joints, gasket material, lubricant and accessories to verify compliance with specifications. D. Manufa cturers Certificate: Certify that pipe, meets or exceeds specified requirements. Confirm all materia ls comply with applica ble standards. E. Test Reports: Submit all shop and field test reports in accordance with Division One Specifications Product Data: F. Provide sufficie nt data to verif y compliance with these specifications. 1.6 DELIVERY, STORAGE, AND HANDLING A. Delivery 1. Ship rubber gaskets in cartons and store in a clean area away from grease, oil, ozone producing electric motors, heat and the direct rays of the sun B. Storage 1. Store pipe, fittings and gaskets in clean locations protected from environmental conditions such as: (direct sunlight, mud, etc.) 2. Do not use pipe and fittings stored in direct sunlight for periods in excess of 18 months 3. Store pipe on a flat surface which provides even support for the barrel with bell ends overhanging a. Do not stack pipe higher than 5 feet C. Handling 1. Handle so as to insure installation in sound undamaged condition. 2. Use equipment, tools and methods for unloa ding, reloading, hauling and laying that do not damage pipe or cause an impact. Damaged pipe w ill be cause for rejection 3. Use hooks or straps with broad, well padded contact surfaces for lifting sections of pipe PART 2 - PRODUCTS 2.1 PIPE M ATERIALS A. General: Provide pipes of one of the following materia ls, of weight/class indicate d. Provid e pipe fittings and accessories of same material and weight/class as pipes, with joining method as indicated B. Fittings: Furnish bends, ells, tees, wyes, couplin gs and other fittings of the same type and class of material having equal or superior physical and chemical properties as acceptable to the Engineer C. PVC Sewer Pipe: AST M D3034, Type PSM , SDR 35 with PVC, elastomeric joints complying with ASTM D3212 using elastomeric seals complying with ASTM F477. D. Perforated PVC Sewer Pipe: AST M D3034, Type PSM, SDR 35 with PVC, elastomeric joints complying with ASTM D3212 using elastomeric seals complying with ASTM F477. 2.2 MATERIALS A. Plugs and Caps: Use pipe plugs or caps provided by the pipe manufacturer and approved by the Engineer for pipe stubouts. B. Cleanouts: Provide as indicated, pipe extension to grade with ferrule and counte rsink cleanout plug. Provide round cast-iron access frame over cleanout, with heavy duty secu red scoriated cover with lifting device cast with the word “STORM”. C. Reinforceme nt 1. Reinforcing Steel: ASTM A615 Grade 60 2. W elded W ire Fabric: ASTM A185 D. Gaskets: ASTM C923 1. Mastic: FS SS-S-210A, "R AM-NEK" or accepted substitution 2. Rubber: Neoprene, 40+ 5 hardness when measured by ASTM D2240, Type A durometer E. Inlet Gratings and Manhole Rings and Covers 1. Cast iron, heavy duty traffic type, ASTM A48, Class 35B. Grind bearing surfaces to ensure flat, true surfaces 2. Provide bike/pedestrian-safe grates where such traffic is anticipate d 3. Set grate on frame such that openings maximize inlet intake 4. Covers to seat at all points on ring 5. Covers to be cast with "STORM" in 2" tall flush le tters 6. Manhole covers to receive aspha lt varnish coating hot dip applied at foundry, 6 mils thick F. Manhole Height Adjustme nt: U se precast concrete grade rings G. Rock Subbase : 1-1/2 inch minus, well-graded gravel over compacted subgrade H. W ater: Clean and free of deleterious substances I. G rout: 1. Non-Shrink, Non-Metallic Grout: Factory pre mixed compound consisting of non- metallic aggregate, cement, water reducing and pla sticizing agents, capable of developing min imu m compressive strength of 4000 psi in one day and 8000 psi in 7 days 2. Epoxy Grout: Three Component Epoxy Resin System a. Two liquid epoxy components b. One inert aggregate filtered compone nt c. Each component furnished in separate package for mixing at job site 2.3 PVC PLASTIC INLINE DR AINS AND DRAIN BASINS A. Manufacturer: Nyloplast Ame rica Inc. or accepted substitution. B. Inline drains and drain basins sha ll be manufactured from PVC pipe stock, utilizing a thermo molding process to reform the pipe stock to the furnished configuration. The dra inage pipe connection stubs shall be manufactured from PVC pipe stock and forme d to provide a watertight connection with the specified pipe system. The joint tightness shall conform to ASTM D3212. C. Surface drainage products shall meet the mechanical property requirements for fabricated fittings as described in ASTM F794, F949 and F1336. D. Inline drain and drain basin adapters and accessories 1. Ada ptable to SDR-35 PVC piping. 2. W atertight adaptors. E. Cast iron or ductile iron frames and grates: 1. Light –traffic rated 2. ADA and Pedestrian rated 3. Hinged and locking 4. Made specifically for use with the specified inline drains and drain basins 5. Painte d black 6. ASTM A-48-83 C lass 30B or A536 grade 70-50-05 grade iron 7. Size indicate d on the dra wings 2.4 SOIL M ATERIALS A. Furnish pipe bedding and cover as specified in Section 022100-Earth Moving. B. Bedding: 1. 3/8 inch minus granular material 2. Minimum 6 inch deep, unle ss specifie d otherwise C. Drainage Fabric: Nonwoven geote xtile, specifically manufactured as a dra inage geotextile ; made from polyolefins, polyesters, or polyamides; and with the following minimum properties determined according to AST M D 4759 and referenced standard test methods: 1. Grab Tensile Strength: 110 lbf (490 N); ASTM D 4632. 2. Tear Strength: 40 lbf (178 N); ASTM D 4533. 3. Puncture Resistance: 50 lbf (222 N); AST M D 4833. 4. W ater Flow Rate: 150 gpm per sq. ft. (100 L/s per sq. m); ASTM D 4491. 5. Apparent Opening Size: No. 50 (0.3 mm); ASTM D 4751. PART 3 EXECUTION 3.1 PIPE PREPARATION A. Shape trench and place bedding as specified in Section 31 00 00 and as shown on the drawings. 1. Dig bell or coupling holes 2. Do not support pipe on blocks or mounds of earth. 3. Provide uniform and continuous bearing and support for full length of pipe between bell holes 4. Minor disturbance over a maximum length of 18 inches near the middle of each length of pipe w ill be permissible by the withdrawal of pipe slings or other lifting tackle B. Alignme nt and Grade 1. Except as indicate d on the Drawings, lay all pipe straight and at a uniform grade. 2. Use batter boards to determine and check pipe subgrades. 3. Other methods of maintaining alig nment and grade may be acceptable if approved by the Engineer. 3.2 PIPE INSTALLATION A. Contractor to contact Engineer a m inimum of 48 hours prior to pipe installation for onsite inspe ction during installation. B. Inspect pipe and accessories for defects before lowering into trench. C. Replace any defective, damaged or unsound pipe. D. Carefully lower pipe, fittings, and acce ssories into the trench with derricks, ropes, and other suitable equipment to prevent damage. Do not dump or drop pipe or accessorie s into tre nch. E. Pipe embedment shall be as specified in Section 022110 for pipe. F. Protect from lateral displacement by placing the specified pipe embedment material. G. Do not lay pipe in water, under unsuitable weather conditions or under unsuita ble trench conditions H. Joint to form true and smooth line. I. Remove any pipe not making a good fit. J. Begin pipe laying at the lowest point unless reverse laying is accepted by Engineer. K. Utilize implements, tools and facilities as recommended by the manufacturer and/or catch basins if required to remove debris. L. Keep pipe clean during and after laying. M. During construction, close all open ends with watertight expandable type plugs. 1. At the end of each day's operations. 2. W henever pipe ends are left unattended. 3. Deposit adequate backfill on pipe to prevent flotation. 4. Do not use wood, burlap or other similar temporary plugs. N. Remove and re-lay any pipe which has floated. 3.3 PRE CAST STR UCTUR E PREPARATION A. Verify item s provide d by other section of W ork are properly sized and locate d B. Verify that built-in items are in proper location, ready for roughing into Work C. Verify excava tion for manholes is corre ct D. Excavation and Backfill: Refer to Sections 022220 and 022230 for requirements E. Coordinate place ment of inlet and outlet pipe or duct sleeves required by other sections F. Rock Subbase: Remove water, excavate, and pla ce 1 1/2 inch rock 6 inch minim um depth, vibrate for compaction 3.4 CATCH BASINS A. Contractor to contact Engineer a minimu m of 48 hours prior to installation for onsite inspe ction during installation. B. Construct catch basins to the sizes and shapes indicated, and to conform to requirements of authorities having jurisdiction. 1. For precast units, set in place to accurate elevations on firm, solid bed, plumb and level. 2. Pipe openings, elevations and alignment per plans 3. Seal and grout all pipe penetrations 4. Set cast iron frames and grating to the elevations indicated. 3.5 PREFORM ED GASKETS A. Remove and replace manhole sections which have chippe d or cracked joints B. Thoroughly clean section joints C. Install gaske t in conformance with manufacturer's recommendations D. Only use primer furnishe d by gasket manufacturer 3.6 CONNECTION TO EXISTING M ANHOLES A. Maintain flow at all times B. Prior approval of proposed method for maintaining flow must be obtained from Engineer C. Cover area around new pipe with non-shrink grout and or waterstop gasket to ensure a watertight structure D. Make connection during low flow periods 3.7 GROUT A. PREPARATION 1. Non-Shrink, Non-M etallic Grout, General Use a. Clean concrete surface to receive grout b. Saturate concrete with water for 24 hrs prior to grouting and remove excess water just prior to placing grout c. Cold weather conditions 1) W arm concrete, substrate and base plate to 40 deg F, or above; store grout in warm area 2) Follow manufacturer's recommendations for cold weather application d. Hot weather conditions 1) Use cold mixing water and cool base plate if possible; store grout in cool area 2) Follow manufacturer's recommendations for hot weather application e. Apply to clean, sound surface f. Apply late x bonding agent to hardened concrete, mix-in-grout, or as directed by Engineer 2. Epoxy Grout: Apply only to clean, dry, sound surface a. Patching cavities in concrete including, but not limited to, tie holes, and structural and equipment support B. APPLICATION 1. Non-Shrink, Non-M etallic Grout a. Mix in a mecha nical mixer b. Use no more water than necessary to produce flowable grout c. Provide air vents where necessary to eliminate air pockets d. Place in accordance with manufacturer's instructions e. W here exposed to view finish grout edges smooth f. Protect against rapid moisture loss by immediately covering with wet rags and polyethylene sheets or curing compound g. W et cure grout for 7 days, minimum h. M aintain the temperature at a minimum of 40 deg F until grout reaches 3000 psi i. After place ment of grout, eliminate excessive exte rnal vibration 2. Epoxy Grout a. Mix and place in accordance with manufacturer's instructions b. Complete ly fill all cavities and spaces around dowels and anchors without voids c. Obtain manufacturer's technical assistance as require d to insure proper placement 3.8 FIELD QUALITY CONTROL A. Field inspection and testing including a lamp test w ill be performed for every section of pipe after backfill has occurred 1. Contractor shall furnish suitable assistance to the Engineer 2. A minimu m of 75% of a true circle will be required to indicate a properly constructed line 3. Contractor w ill repair any section not passing the lamp test. B. Request inspection immediately after placing cover over pipe. B. Back filling and testing as require d per Section 312000 PART 4: COMPENSATION 4.01 Mea sure ment A. Base Bid: W ork under each item w ill be measu red according to the contract unit price s as follows: 15” HDPE LINEAR FOOT 48” DIAMETER MH EACH TYPE C INLET EACH 4.02 Basis of Payment A. Payment for Storm Sewer items will include excavation, base preparation, aggregate fill materials, filter fabric, piping, conne ction to existing storm sewer and all associated work to provide a fully functioning storm drain system. Payment w ill constitute full compe nsation for complete compliance with requirements of this item, including all labor, equipment, materials, tools, incidental work, and construction methods END OF SECTION SECTION 02730 SANITARY SEWAGE SYSTEMS PART 1 – GENERAL 1.01 SECTION INCLUDES Sanitary drainage piping, fittings and accessories Connection of building sanitary drainage system to Upper Thompson Sanitation District Manhole access. 1.02 PRODUCTS INSTALLED BUT NOT FURNISHED UNDER THIS SECTION N/A 1.03 PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION N/A 1.04 RELATED SECTIONS Section 022250 – Trenching: Excavating subsoil for sewer system piping Section 022230 – Backfilling: Backfilling over piping up to subgrade elevation Section 027200 – Storm Sewage System 1.05 REFERENCES A. ANSI/ASTM A74 – Cast Iron Soil Pipe and Fittings. B. ANSI/ASTM C14 – Concrete Sewer, Storm Drain and Culvert Pipe C. ANSI/ASTM C76 – Reinforced Concrete Culvert, Storm Drain and Sewer Pipe. D. ANSI/ASTM C443 – Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets. E. ANSI/ASTM D2321 – Recommended Practice for Underground Installation of Flexible Thermoplastic Sewer Pipe. F. ANSI/ASTM D2729 – Polyvinyl Chloride (PVC) Sewer Pipe and Fittings. G. ANSI/ASTM D2751 – Acrylonitrile-Butadiene-Styrene (ABS) Sewer Pipe and Fittings. H. ANSI/ASTM D2774 – Recommended Practice for Underground Installation of Thermoplastic Pressure Piping. I. ANSI/ASTM D3033 – Type PSP Polyvinyl Chloride (PVC) Sewer Pipe and Fittings. J. ANSI/ASTM D3034 – Type PSM Polyvinyl Chloride (PVC) Sewer Pipe and Fittings. K. ANSI A21.11 – Robber Gasket Joints for Cast Iron and Ductile-Iron Pressure Pipe and Fittings. 1.06 REGULATORY REQUIREMENTS A. All work shall conform to applicable Upper Thompson Sanitation District code for materials and installation of the Work of this Section. B. The Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition with all supplements, shall form a part of this Section. C. Conform to permit issued from the Upper Thompson Sanitation District. 1.07 SUBMMITTALS Not Used. 1.08 PROJECT RECORD DOCUMENTS A. Accurately record location of pipe runs, connections, manholes, cleanouts and invert elevations. B. Identify and describe unexpected variations to subsoil conditions or discovery of uncharted utilities. PART 2 – PRODUCTS Conform to Upper Thompson Sanitation District Standards and Specifications PART 3 – EXECUTION 3.01 EXAMINATION A. Verify that trench cut is ready to receive work, and excavations, dimensions and elevations are as indicated on Drawings. B. Beginning of installation means acceptance of existing conditions. 3.02 PREPARATION A. Hand trim excavations to required elevations. Correct over excavation with fill material of fine aggregate. B. Remove large stones or other hard matter which could damage drainage tile or impede consistent backfilling or compaction. 3.03 INSTALLATION – PIPE A. Following the trench preparation, pipe laying shall proceed up grade with pipe laid carefully, hubs up grade, spigot ends fully entered into adjacent hubs, and true to lines and grades given. Every pipe shall be carefully inspected before laying and any containing cracks or other defects shall not be used. Extreme care must be used to prevent breakage when the pipe is handled. B. The pipes shall be lowered so as to avoid unnecessary handling in the trench. Each section of pipe shall rest on the pipe bed for the full length of the barrel, with recesses excavated to accommodate bells and joints. Each pipe shall be firmly held in position so that the invert forms a continuous grade with the invert of the pipe previously placed. C. Pipes and fittings shall be thoroughly cleaned before they are laid and shall be kept clean until final acceptance of the Work. Water-tight plugs of an approved type shall be installed in the ends of all pipe at all times when pipe laying is not in progress or as necessary to prevent any material from entering the pipe. If dirt or other foreign material is discovered prior to final acceptance, it shall be removed and the pipe cleaned at no additional coast to the Owner. Pipe laying shall be permitted only in dry trenches. D. Any pipe that has its grade or joint disturbed after laying shall be taken up and relaid. Any section of pipe already laid and found to be defective shall be taken up and replaced with new pipe at no additional cost to the Owner. E. Sewer lines shall be below water lines unless otherwise shown. Where the vertical clearance between a gravity sewer and a water main is less than 18 inches, the gravity sewer shall be either encased with at least 6 inches of concrete or be constructed of ductile iron pressure pipe for at least 10 feet on either side of the intersection. 3.04 INSTALLATION – MANHOLES AND CLEANOUTS A. Form bottom of excavation clean and smooth to correct elevation. B. Place concrete base pad, with provision for sanitary sewer pipe end sections. C. Establish elevations and pipe inverted for inlets and outlets as indicated. D. Mount lid and frame level in grout, secured to top cone section to elevation indicated. 3.05 FIELD QUALITY CONTROL A. Field inspection will be performed under provisions of Section 014000. B. Request inspection by Upper Thompson Sanitation District prior to and immediately after placing filter aggregate cover over pipe. C. Testing: Testing shall conform to the requirements of the Upper Thompson Sanitation District. PART 4: COMPENSATION 4.01 Mea sure ment Base Bid: W ork under each item w ill be measured according to the contract unit prices as follows: 6” PVC (SDR 35) LINEAR FOOT 8” PVC (SDR 35) LINEAR FOOT 6” PLUG EACH MANHOLE > 6’ DEPTH EACH MANHOLE < 6’ DEPTH EACH 4.02 Basis of Payment A. Payment for Sanitary Sewer items w ill include excavation, base preparation, aggregate fill materials, filter fabric, piping, connection to existing sanitary sewer and all associated work to provide a fully functioning sanitary sewer system. Payment w ill constitute full com pensation for complete compliance with requirements of this item, including all labor, equipment, materials, tools, incidental work, and construction methods. END OF SECTION SECTION A-1- FORMS – TOWN OF ESTES PARK FORMS CONTAINED IN THIS SECTION: 1. NOTICE OF A W ARD 2. NOTICE TO PROCEED 3. CHANGE ORDER 4. PAY APPLICAT ION Town of Estes Park Public Works Department NOTICE OF AWARD TO: Re: Stanley Park Fairgrounds Grading , 2012 & Sanitary Sewer Improvements Contract Administrator: The Town of Estes Park, Colorado, hereinafter called “OWNER”, has considered the Bid Proposals submitted for this Project. You are hereby notified that your Price Quote for Bond Park Improvements Phase I and Phase III has been accepted for the items and prices stated in the amount of $ . You are required to execute the Contract Agreement and furnish the necessary Insurance Certificates within seven (7) days from the date of this Notice, prior to any work being performed. You are required to return an acknowledged copy of this Notice of Award and enclosures to the Owner. ATTEST: TOWN OF ESTES PARK, COLORADO By: By: Title: Title: Receipt of above Notice of Award accompanied with three copies of the Contact Agreement is hereby acknowledged. This_ day of , 2012 Bidder: Address: corporate seal Town of Estes Park Public Works Department NOTICE TO PROCEED TO: RE: Stanley Park Fairgrounds Grading & Sanitary Sewer Improvements Contractor contact person: You are hereby notified to commence work on the Stanley Park Fairgrounds Grading & Sanitary Sewer Improvements, in accordance with the Price Quote and Plans dated and purchase order # ; on or after . All work shall be completed no later than . TOWN OF ESTES PARK, COLORAD O By:_______________________________________ ATTEST Title: By:_______________________________________ Title: Town of Estes Park Public Works Department CHANGE ORDER Change Order # as of (date): , 20 PROJECT NAME: Contractor: Address: Original Contract Value: $ The contractor hereby agrees to comply with the following changes and/or additions to the contract plans and specifications. Upon Contractor and Owner approval, the work and contract documents for this Project will be adjusted to include the following: Description of Changes & Work (list) Value of Change (attach drawing, detail, page #, etc.) Adjustments to Contract Price Days Contract Total including Change Order # : $ Adjustments by this Change Order (# ) $ Contract Total to Date – including this CO $ Contract Time expires on: APPROVED BY: Company: By: Title: Date: Town of Estes Park By: Title: Date: This document will become supplemental to the Contract and all provisions will be included. Town of Estes Park Public Works Department APPLICATION FOR PAYMENT Pay App. # as of (date): , 20 PROJECT NAME: Stanley Park Fairgrounds Grading & Sanitary Sewer Improvements Con tracto r: Original Contract Value: $ Add ress: Adjusted Contract (by CO) $ Total % complete % Total expenditures b y month (per tab sheet) Month #1 $ Month # 4 $ Month #2 $ Month #5 $ Month #3 $ Month #6 $ A) Total Completed to Date ………………………………………….… $ B) Materials on Site (not installed) …………………………………………… $ C) Total Change Orders to Date …………………………………………… $ Change Order #1 $ Change Order #2 $ Change Order # 3 $ _ Change Order # 4 $ D) Total Material & Earnings to Date (A + B + C)…………………….. $ E) Total Deductions ( 1 + 2 ) $ 1. % R etain age to d ate $ 2. Total previously p aid $ Total Amount Due (this application, D – E )…………………………………. $ Total Amount Paid to Date ……………………………………………………………. $ APPROVED BY: Company: Town of Estes Park By: By: Title: Title: Date: Date: Fund / Acct. Approved Payment OK by: Town of Estes Park Public Works Department GEOTECHNICAL REPORTS The following Stanley Park Fairgrounds Geotechnical Reports are available from the Public Works Department. Bidders should contact the department to request copies. KUMAR & ASSOCIATES Geotechnical Engineering Study Fairgrounds at Stanley Park Buried Sewer & Water Lines Estes Park, Colorado Project No. 12- 1-370.1 October 5, 2012 Geotechnical Engineering Study Fairgrounds at Stanley Park Phase 1 Stall Barn Estes Park, Colorado Project No. 12- 1-370 August 24, 2012 ENGINEERING Report To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Kevin Ash, PE, Public Works Civil Engineer Date: November 8, 2012 RE: Bond Park Phases I & III – MacGregor Avenue Paver Repair Bond Park Phase V Improvements Update: Construction activities continue in Bond Park. Both Cornerstone Construction and Taylor Kohrs have been fortunate to receive favorable weather conditions. Both projects are pushing forward and will look extremely different by the November 21st milestone date. Bond Park Phases I & III – MacGregor Avenue Paver Repair Deconstruction of the existing paver roadway section is complete. Pavers have been removed and stacked along the adjacent sidewalks. Excavation of all existing material down to depth of 17” was complete and subgrade was reached. The Town then performed a proof roll on the subgrade and the results of the proof roll showed areas o deflection in the south and east areas of the project. This prompted a recommendation by our geotechnical engineer to excavate an additional 8” and add Class VI structural roadbase to stabilize the subgrade. After this was comple Terracon performed compaction tests that show we have achieved the 95% compaction level required by the project specifications for the roadway. Moving forward we shall see the installation of the Geogrid material, an additional 12” of Class VI structural roadbase, sand and pavers. Full time construction observation continues to be provided by the Farnsworth Group. a f te, Bond Park Phase V Improvements With the site preparation and underground utilities complete, Taylor Kohrs has put their focus o the concrete work. Seatwalls have been poured and base material placed in preparation for the sidewalk. The concrete foundation for the pavilion in the southwest corner ha n s also been poured. Bond Park Phase V is currently on schedule. Phase 1 has a goal that included installation of underground utilities and a concrete pedestrian walkway in place by the Thanksgiving festival. Phase 2 of construction will include landscaping, structural columns and roof of the pavilion and landscaping treatments. This work will commence in the spring and will be completed by Memorial Day 2013. ENGINEERING Report To: Public Safety, Utilities and Public Works Committee Town Administrator Lancaster From: Scott Zurn, PE, Public Works Director Kevin Ash, PE, Public Works Civil Engineer Date: November 8, 2012 RE: Crack Seal Update Update: In an effort to take advantage of the weather and meet their November 21st deadline, our contractor A-1 Chipseal Co. aggressively went after the Town of Estes Park roadway system with two and three crack seal crews. As of October 31, 2012 we have used 130,000 pounds of our approved 160,000 pound allotment. A-1 has provided crackseal treatment to all the Public Works requested streets and was heading to the northwest side of Town to finish up the roads off Fall River Drive in the Fish Hatchery area which will complete the project. It is our assessment that this asphalt maintenance treatment has been a success and that the Town roadway system will benefit significantly. A-1 provided good service and Public Works received minimal complaints during the project. With a solid baseline now established for this application, we should be able to predict a little more accurately on the costs and schedule. It is Public Works recommendation that this become a bi-annual program and that all streets get this maintenance application.