HomeMy WebLinkAboutPACKET Town Board 2020-04-14The Mission of the Town of Estes Park is to provide high-quality, reliable services
for the benefit of our citizens, guests, and employees, while being good stewards
of public resources and our natural setting.
The Town of Estes Park will make reasonable accommodations for access to Town services,
programs, and activities and special communication arrangements for persons with disabilities.
Please call (970) 577-4777. TDD available.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
REGULAR MEETING – TO BE HELD VIRTUALLY
Tuesday, April 14, 2020
7:00 p.m.
Board Room – 170 MacGregor Avenue
Estes Park, CO 80517
The Town Board of Trustees will participate in the meeting remotely due to the Declaration of
Emergency signed by Town Administrator Machalek on March 19, 2020 related to COVID-19
and provided for with the adoption of Ordinance 04-20 on March 18, 2020.
Options for the Public to Participate Remotely and Provide Public Input:
1. By Public Comment Form or Electronic Mail: Members of the public may provide public
comment or comment on a specific agenda item by completing the Public Comment form
found at www.estes.org/boardsandmeetings or sending an email to townclerk@estes.org.
The form email must be received by 12:00 p.m., Tuesday, April 14, 2020. All emails will be
provided to the Board for consideration during the agenda item and added to the final packet.
2. By Telephone Message: Members of the public may provide public comment or comment
on a specific agenda item by calling (970) 577-4773. The calls must be received by 12:00
p.m., Tuesday, April 14, 2020. All calls will be transcribed and provided to the Board for
consideration during the agenda item and added to the final packet.
3. The meeting will be using Google Hangouts which provides for closed captioning of the
meeting.
4. The Town Board meetings will be livestreamed at www.estes.org/videos. The meeting will
be posted at www.estes.org/videos within 48 hours of the meeting.
5. No public attendance at this meeting.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
AGENDA APPROVAL.
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
1. POLICY GOVERNANCE MONITORING REPORT - POLICY 3.3 AND 3.7.
Prepared 04/03/2020
*Revised
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NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was
prepared.
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. Policy 3.3 and Policy 3.7 are
reported on each April.
CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated March 24, 2020 and Special Town Board Meeting dated
March 18, 2020.
3. Resolution 21-20 Approving Mutual Aid Agreement with the Colorado Water
Wastewater Agency Response Network.
4. Contract for Fall River Trail Construction Oversight with Cornerstone Engineering &
Surveying, Inc. for $124,770.00, Budgeted.
5. Resolution 17-20 Setting the Public Hearing date of May 12, 2020 for a New Hotel and
Restaurant Liquor License filed by Sunny Acre Corporation dba The Egg of Estes, 393
E Elkhorn Avenue, Estes Park, CO 80517.
6. Acceptance of Town Administrator Policy Governance Monitoring Report.
ACTION ITEMS:
1. REVISED POLICY 602 PURCHASING POLICY – LOCAL PREFERENCE. Town
Administrator Machalek.
Discussion of proposed revisions to the Town’s local preference provisions for
purchasing.
2. CONTRACT AWARD FOR BROOK DRIVE WATER SHOP REMODEL.
Superintendent Eshelman, Director Bergsten.
Water Division’s recommendation to award the remodeling contract to the Ranack
Corporation for the Brook Drive Water Shop Building.
3. ALLOW MAYOR SIGNATURE AUTHORITY ON PURCHASE ORDERS FOR
BROOK DRIVE REMODEL. Superintendent Eshelman, Director Bergsten.
Town Board to authorize the Mayor to sign Purchase Orders over $100,000 for the
Brook Drive Remodel.
REQUEST TO ENTER INTO EXECUTIVE SESSION:
For discussion of a personnel matter - Section 24-6-402(4)(f), C.R.S. and not involving: any
specific employees who have requested discussion of the matter in open session; any
member of the Town Board; the appointment of any person to fill an office of the Town Board;
or personnel policies that do not require discussion of matters personal to particular
employees – Municipal Judge Review.
ADJOURN.
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Town Administrator’s Office Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Town Administrator Machalek
Date: April 14, 2020
RE: Policy Governance Monitoring Report – Policy 3.3 and 3.7
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER: Policy
QUASI-JUDICIAL YES NO
Board Policy 2.3 designates specific reporting requirements for the Town Administrator
to provide information on policy compliance to the Board. In April of each year the Town
Administrator is required to report on Policies 3.3 and 3.7.
Policy 3.3 states:
“With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or
fiscal integrity of Town government.”
Policy 3.7 states:
“The Town Administrator shall have an Emergency Preparedness Process in
place for coordination of all emergency management partners – Federal, State,
and local governments, voluntary disaster relief organizations, and the private
sector to meet basic human needs and restore essential government services
following a disaster.”
This report constitutes my assurance that, as reasonable interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
Travis Machalek
Town Administrator
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Policy 3.3: With respect for strategic planning for projects, services and activities with a
fiscal impact, the Town Administrator may not jeopardize either the operational or fiscal
integrity of Town government. Accordingly, the Town Administrator shall not allow
budgeting which:
3.3.1: Deviates from statutory requirements.
Status: Compliance
Interpretation: I interpret this to mean that our budgeting practices and policies
comply with all requirements contained in the Colorado Revised Statutes that are
applicable to statutory towns.
Compliance with the policy will be achieved when: There are no deviations in
our practices or policies from what is required by State Statute.
Evidence:
1. The annual independent audit
2. Comprehensive Annual Financial Report
3. All policies are reviewed for legal compliance by the Town Attorney
4. No State-issued non-compliance notifications to the Town of Estes Park
regarding our budgetary obligations under State Statute.
Report: I report compliance.
3.3.2: Deviates materially from Board-stated priorities in its allocation among
competing budgetary needs.
Status: Compliance
Interpretation: I interpret this to mean that the annual budget adopted by the
Board of Trustees represents the officially adopted priorities of the Board. This
includes any budget amendments approved by the Town Board throughout the
year and any specific spending authorizations approved by the Town Board. I
interpret “materially deviate” to mean any change in spending priority that results
in a resource diversion away from any Board objective, goal, or outcome that is
substantial enough to hinder the achievement of the objective, goal, or outcome. I
do not interpret minor deviations resulting from changing circumstances,
community demands, and/or unforeseen circumstances outside of the Town’s
control as material deviations.
Compliance with the policy will be achieved when: Budget spending does not
materially deviate from the levels approved in the adopted budget.
Evidence:
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1. The 2020 adopted budget was prepared based on the Board’s Strategic
Plan.
2. Any substantial budget changes have been presented to the Board for
review and approval as budget amendments.
3. HTE budget reports for each department are available on request.
Report: I report compliance
3.3.3: Contains inadequate information to enable credible projection of revenues
and expenses, separation of capital and operational items, cash flow and
subsequent audit trails, and disclosure of planning assumptions.
Status: Compliance
Interpretation: I interpret this to mean that the Town Administrator’s
recommended budget must be based on credible data and the best available
information concerning the local economy and other factors that may impact the
Town’s revenues and expenses. In addition, the budget is to be structured to
separate capital expenditures from operational costs. All revenue projections will
be based on the professional judgement of the Town’s Finance Director.
Compliance with the policy will be achieved when:
Revenue projections are clear and projected and actual revenues are within
a 5-10% margin of error, barring any catastrophic events.
Actual revenues are not less than projected, barring any catastrophic
events.
The budget presented to the Board for adoption is in a format that
separates revenues, expenses, and capital expenditures.
Critical assumptions used in preparing the budget are clearly articulated to
the Board during budget review sessions.
Evidence:
1. COVID-19 has created significant economic headwinds that will alter our
projected revenues. Staff is currently working on updating revenue
projections and will be bringing forward a budget amendment in the near
future to reflect our new projections in light of this catastrophic event.
2. The 2019 budget and 2020 proposed budget are both presented in a format
that separates revenues, expenditures, and capital.
3. Critical assumptions used in preparing the budget were discussed with the
Board during budget review sessions.
Report: I report compliance. Revenue projections will need to be overhauled due
to catastrophic events (COVID-19).
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3.3.4: Plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are otherwise
available.
Status: Compliance
Interpretation: I interpret this to mean that the proposed budget must be
balanced. This includes expenditures for the year not exceeding the revenues
received from all sources. Exceptions are Board-approved use of fund balances,
and use of funds that have been accumulated over a period of time, with the
approval of the Board, with the intent of saving funds to pay for a specific project
or capital expense.
Compliance with the policy will be achieved when: The proposed budget meets
the above criteria, inclusive of any board approved spending of fund balance or
specific reserve funds.
Evidence:
1. The adopted budget demonstrates that I have not allowed budgeting which
plans the expenditure in any fiscal year of more funds than are
conservatively projected to be received in that period, or which are
otherwise available. The current budget will need to be amended due to
the impacts of COVID-19. Staff is working on preparing that amendment
now.
Report: I report compliance. Staff is working on developing a budget amendment
to ensure that the budget remains balanced (excepting any Board-approved use of
fund balance) in light of the impacts of COVID-19.
3.3.5: Reduces fund balances or reserves in any fund to a level below that
established by the Board of Town Trustees by adopted policy.
Status: Compliance
Interpretation: I interpret this to mean that the audited year-end unrestricted
fund balance in the General Fund does not drop below 25% unless otherwise
authorized by the Board. If the Board approves and adopts a budget that plans for
reducing the fund balance below the 25% level, I interpret this as being authorized
by the Board.
Compliance with the policy will be achieved when:
The final CAFR shows a General-Fund fund balance of 25% or greater,
unless otherwise approved by the Board.
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The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise approved by the Board.
Evidence:
1. The 2018 CAFR shows a 54% General-Fund fund balance at the end of
2018.
2. The 2019 budget, as amended, anticipates a 25.6% General-Fund fund
balance at the end of 2019.
3. The adopted 2020 budget anticipates a 29.4% General-Fund fund balance
at the end of 2020. This budget will need to be amended due to the
impacts of COVID-19.
Report: I report compliance.
3.3.6: Fails to maintain a Budget Contingency Plan capable of responding to
significant shortfalls within the Town’s budget.
Status: Compliance
Interpretation: I interpret this to mean that I must prepare a budget that
maintains a fund balance of 25% or more in the General Fund and adequate fund
balances in all enterprise funds, including the required TABOR reserve and the
current cash reserves as defined in Board Policy 670 – Cash and Investment
Reserve and Contingency.
Compliance with the policy will be achieved when:
The final CAFR indicates a General-Fund fund balance of 25% or greater,
unless otherwise authorized by the Board.
The proposed budget anticipates an end-of-year fund balance in the
General Fund of 25% or greater, unless otherwise authorized by the
Board.
The current cash reserves meet the criteria defined in Board Policy 670 –
Cash and Investment Reserve and Contingency.
Evidence:
1. The 2018 CAFR shows a 54% General-Fund fund balance at the end of
2018.
2. The 2019 budget, as amended, anticipates a 25.6% General-Fund fund
balance at the end of 2019.
3. The adopted 2020 budget anticipates a 29.4% fund balance at the end of
2020. This budget will need to be amended due to the impacts of COVID-
19.
4. Current cash and investment reserves are reported to the Board on a
monthly basis, as required by Board Policy 670.
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5. The Town’s budget contingency plan is established in Policy 670 (Section
3.b).
Report: I report compliance.
3.3.7: Fails to provide for an annual audit.
Status: Compliance
Interpretation: I interpret this to mean that I must ensure that the Town
completes an independent audit annually. Further, that audit report should result
in an unqualified and unmodified opinion from the Board’s auditors.
Compliance with the policy will be achieved when: The annual audit is
complete and presented to the Town Board.
Evidence:
1. The 2018 Audit has been completed and the CAFR prepared and
submitted to the State of Colorado with an unqualified and unmodified
opinion from the Board’s auditors.
2. The 2019 Audit will take place throughout the month of May. The
Auditors will be working remotely due to COVID-19.
Report: I report compliance.
3.3.8: Fails to protect, within his or her ability to do so, the integrity of the current
or future bond ratings of the Town.
Status: Compliance
Interpretation: I interpret this to mean that I cannot take any action that will
negatively impact the Town’s bond rating. This includes maintaining adequate
fund balances as required in 3.3.5 and maintaining adequate bond coverage ratios
for all revenue bonds associated with the Town’s enterprise funds.
Compliance with the policy will be achieved when:
I am in compliance with 3.3.5.
Required bond coverage ratios are met.
Evidence:
1. The 2018 CAFR shows a 54% General-Fund fund balance at the end of
2018.
2. Our current bond-coverage ratio for Power and Communications (226%)
exceeds the required ratio of 125%.
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3. Our current bond-coverage ratio for Water (435%) exceeds the required
ratio of 110%.
Report: I report compliance.
3.3.9: Results in new positions to staffing levels without specific approval of the
Board of Town Trustees. The Town Administrator may approve positions
funded by grants, which would not impose additional costs to the Town in
addition to the grant funds and any temporary positions for which existing
budgeted funds are allocated.
Status: Compliance
Interpretation: I interpret this to mean that I cannot allow any new positions or
expansion of any part-time positions to be advertised or filled without prior Board
approval. I may allow new positions or partial positions funded by grants or
temporary positions for which existing budgeted funds are allocated without prior
approval of the Board. I may also allow reductions in staffing without Board
approval.
Compliance with the policy will be achieved when: No new positions or
expansion of any part-time positions are approved and/or hired without approval
of the Board, with the exceptions noted above.
Evidence:
1. All positions are indicated in the adopted and proposed budgets and no
unapproved positions have been created.
Report: I report compliance.
Policy 3.7: The Town Administrator shall have an Emergency Preparedness Process in
place for coordination of all emergency management partners – Federal, State, and local
governments, voluntary disaster relief organizations, and the private sector to meet basic
human needs and restore essential government services following a disaster.
3.7.1: The Town Administrator shall be responsible for the assigned responsibilities
identified in the Town of Estes Park Emergency Operations Plan.
Status: Compliance
Interpretation: I interpret this to mean that the Town has adopted and kept
current an Emergency Operations Plan that covers multiple possible emergency
situations and outlines the roles and responsibilities of Town staff during an
emergency. These roles are consistent with the standards of the National Incident
Management System (NIMS) process. I also interpret this to mean that key staff
have had basic NIMS/Incident Command System (ICS) training.
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Compliance with the policy will be achieved when:
The Town has an up-to-date Emergency Operations Plan.
Key staff have completed NIMS/ICS 100 training.
Evidence:
1. The Town has an up-to-date Emergency Operations Plan
2. All key staff have completed NIMS/ICS 100 training
Report: I report compliance.
3.7.2: The Town Administrator shall not fail to have a business continuity plan for
the Town.
Status: Compliance
Interpretation: I interpret this to mean that the Town has adopted and kept
current a Continuity of Operations Plan (COOP) for Town operations.
Compliance with the policy will be achieved when: The Town has an up-to-
date Continuity of Operations Plan (COOP).
Evidence:
1. The Town has an up-to-date Continuity of Operations Plan
Report: I report compliance.
3.7.3: In the event of an emergency, the Town Administrator shall not fail to take
appropriate action immediately to ensure the safety of the public and public
and private assets, including authorizing specific actions by Town staff and
declaring an emergency on behalf of the Board of Town Trustees.
Status: Compliance
Interpretation: I interpret this to mean that in the event of an emergency I take
appropriate steps to respond to the emergency including, but not limited to,
actions outlined in the Town Emergency Operation Plan and Chapter 2.28 of the
Municipal Code.
Compliance with the policy will be achieved when:
1. During an emergency, I ensure that we follow the Emergency Operations
Plan and standard NIMS procedures (as applicable) in implementing our
response.
2. Response and recovery efforts are prudent and in compliance with state
and federal requirements for aid and reimbursements (when applicable).
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Evidence:
1. COVID-19 Response including declaration of emergency, emergency
order, and implementation of NIMS structure to coordinate Town
response.
Report: I report compliance.
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Town of Estes Park, Larimer County, Colorado, March 24, 2020
Minutes of a Regular meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 24th day of March, 2020.
Present: Todd Jirsa, Mayor
Trustees Carlie Bangs
Eric Blackhurst
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Travis Machalek, Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Jirsa called the meeting to order at 7:00 p.m. and all desiring to do so, recited the
Pledge of Allegiance.
AGENDA APPROVAL.
It was moved and seconded (Zornes/Norris) to approve the Agenda, and it passed
unanimously.
PUBLIC COMMENTS.
All public comment for the meeting was provided by email or transcribed voice message
through the Town Clerk’s office and added to the final packet.
TOWN BOARD COMMENTS
Trustee Cenac stated the Town should consider delaying the discussion on raising utility
rates during the current COVID-19 pandemic.
Mayor Pro Tem Norris stated as of the meeting Colorado has 912 cases on COVID-19
with 43 occurring in Larimer County. He further stated no new cases in Estes Park have
been identified.
Trustee Blackhurst thanked the IT staff and the Town Clerk’s office for their efforts in
establishing a virtual meeting process.
TOWN ADMINISTRATOR REPORT.
Town Administrator Machalek presented his policy governance report for policies 3.0, 3.1,
3.2, 3.4, 3.5, 3.6, 3.9, 3.10, and 3.11. He reported full compliance.
1. CONSENT AGENDA:
1. Bills.
2. Town Board Minutes dated March 10, 2020 and Town Board Study Session
Minutes dated March 10, 2020.
3. Family Advisory Board Minutes dated February 13, 2020 (Acknowledgement
Only).
4. Resolution 14-20 Approval of Bylaws for Estes Park Board of Adjustment.
5. Resolution 15-20 Approval of Bylaws for Estes Park Planning Commission.DRAFT13
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Board of Trustees – March 24, 2020 – Page 2
6. Family Advisory Board Appointments of John Bryant, Reappointment, 3-year term
expiring April 15, 2023 and Laurie Dale Marshall, Reappointment, 3-year term
expiring April 15, 2023.
7. Transportation Advisory Board Appointments of Ann Finley, Reappointment, 3-
year term expiring March 31, 2023, Belle Morris, Reappointment, 3-year term
expiring March 31, 2023 and Lawrence Gamble, Appointment, 3-year term expiring
March 31, 2023.
8. Purchase Order for Prospect Mountain Water Company Project engineering
services, for $1,197,200, Budgeted.
9. Letter of Support for the FTA-CDOT Grant Application for Electric Trolley Facility
and one Charging Station.
10. Resolution 16-20 – Electric Rate Public Hearing Reschedule to June 23, 2020.
11. Acceptance of Town Administrator Policy Governance Monitoring Report.
It was moved and seconded (Norris/Cenac) to approve the Consent Agenda
Items, and it passed unanimously.
2. ACTION ITEMS:
1. RESOLUTION 20-20 CONTINUING THE DECLARATION OF LOCAL
EMERGENCY DUE TO THE COVID-19 PANDEMIC. It was moved and
seconded (Norris/Zornes) to approve Resolution 20-20 Continuing the
Declaration of Local Emergency due to the COVID-19 Pandemic, and it passed
unanimously.
2. ORDINANCE 06-20 AMENDING THE ESTES VALLEY DEVELOPMENT CODE
SECTION 3.1 REVIEW PROCEDURES. Attorney Kramer presented the
ordinance which would suspend the Development Code deadlines for automatic
approvals and denials of development applications during a declared emergency
or disaster. It was moved and seconded (Marthink/Blackhurst) to approve
Ordinance 06-20 Amending the Estes Valley Development Code Section 3.1
Review Procedures, and it passed unanimously.
3. PLANNING COMMISSION ITEMS:
1. ACTION ITEMS:
A. ORDINANCE 05-20 ELKHORN LODGE PRELIMINARY PLANNED UNIT
DEVELOPMENT (PUD), 600 ELKHORN AVENUE, ZAHOUREK
CONSERVANCY, LLC, OWNER, EAST AVENUE DEVELOPMENT, LLC, A
TEXAS LLC, C/O JUSTIN MABEY, APPLICANT. Trustee Blackhurst
recused himself from the item. Staff recommended the item be postponed
until a public hearing could be held.
B. RESOLUTION 18-20 ELKHORN LODGE PRELIMINARY PLAT, 600
ELKHORN AVENUE, ZAHOUREK CONSERVANCY, LLC, OWNER, EAST
AVENUE DEVELOPMENT, LLC, A TEXAS LLC, C/O JUSTIN MABEY,
APPLICANT. Trustee Blackhurst recused himself from the item. Staff
recommended the item be postponed until a public hearing could be held.
It was moved and seconded (Norris/Bangs) to postpone Ordinance 05-20
and Resolution 18-20 and to hear the items once the emergency
ordinance has been lifted, and it passed with Trustee Blackhurst abstaining.
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Board of Trustees – March 24, 2020 – Page 3
ACTION ITEMS (Continued):
3. FEE WAIVER REQUEST, 1230 BIG THOMPSON AVENUE, REZONING
APPLICATION FEE, ADESTES PROPERTIES, LLC. Director Hunt provided a
review of the request by Adestes Properties, LLC (David & Alix LaSalle) to waive
the rezoning fee for property rezoned in 1999 from C-O to A – Accommodations.
The 60 year history provided by the applicants demonstrates the property has been
used as a restaurant and a health club facility and never as an accommodations.
It recently has been leased to Visit Estes Park, a local marketing district, as office
space, which is not an allowed use in the A zoning district. The rezoning
application would rezone the property from A – Accommodations to CO –
Commercial Outlying to align with the past and current uses of the property. It was
moved and seconded (Zornes/Norris) to approve a fee waiver the rezoning
application fee for 1230 Big Thompson Avenue by Adestes Properties, LLC,
and it passed unanimously.
4. RESOLUTION 19-20 SUPPLEMENTAL BUDGET APPROPRIATIONS. Director
Hudson presented a budget amendment to re-appropriate the remaining balances
of uncompleted 2019 purchase orders in 2020 to fund the completion of the
acquisition of goods or service ordered and not completed in 2019. The projects
rolled over include those in the General, Community Reinvestment, Larimer
County Open Space, Trails, Parking Services, Street Improvement, Power and
Communication, Water, Fleet and Vehicle Replacement funds.
The Board discussed the need to support the community during the COVID-19
impacts and the “Stay At Home” order causing the shut down of a number of
businesses within town. Town Administrator Machalek suggested the Board
consider $250,000 from the Town’s reserves to fund food, shelter and business
assistance for the Estes Park community. Staff would coordinate with local entities
to determine the criteria and process for allocating the funds.
After further discussion, it was moved and seconded (Cenac/Blackhurst) to
approve Resolution 19-20, Option #2, and it passed unanimously.
5. CONTRACT FOR FALL RIVER TRAIL CONSTRUCTION WITH JAG'S
ENTERPRISES, INC., FOR $1,846,258.50. Engineer Barr reviewed a contract
with Jag’s Enterprises, Inc. to continue the Fall River trail from David Drive along
Fall River onto Fish Hatchery Road to Rocky Mountain National Park (RMNP), an
estimated 2.5 miles. A portion of the trail would cross the RMNP boundary to
connect the Aspenglen Campground to the main trail and be supported with funds
from the Rocky Mountain Conservancy. Jag’s Enterprises, Inc. from Greeley, CO
was the sole bidder on the project at $1.85 million which was less than the $1.95
million engineer’s estimate for the project. The project would be funded with 1A
Trail Expansion funds, Open Space funds and two grants, Land and Water
Conservation fund of $400,000 and Recreational Trails Program of $250,000, and
a local contribution from the Estes Valley Recreation and Parks District of
$500,000. Staff recommends contracting with Jag’s Enterprises, Inc. for $2 million
to include contingency funds for the project.
Trustee Blackhurst stated support for the project which has be ongoing and has
taken nine years to get to the current state. He stated the worthy project would
complete a premier trail in the area and provide access to the RMNP.
Discussion followed on the inclusion of emergency clauses related to the timing
and completion of the project. Engineer Barr stated the contract contains controls,
and further stated the awarded grants have time limits. The project estimates
approximately four months for completion once the contractor breaks ground. The
RMNP segment would be completed later in the fall.
It was moved and seconded (Martchink/Blackhurst) to approve the
construction contract with Jag’s Enterprises, Inc. and authorize Public
Works staff to spend up to a total amount of $2 million if needed to address DRAFT15
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Board of Trustees – March 24, 2020 – Page 4
unanticipated conditions encountered during construction, and it passed
unanimously.
6. ESTES PARK PLANNING COMMISSION APPOINTMENTS.
It was moved and seconded (Norris/Cenac) to approve the appointments to
the Estes Park Planning Commission of Matthew Comstock for a six-year
term expiring March 31, 2026, Joe Elkins and Matthew Heiser for four-year
terms expiring March 31, 2024, Howard Hanson and Steve Murphree for two-
year terms expiring March 31, 2022, and it passed unanimously.
7. ESTES PARK PLANNING COMMISSION APPOINTMENTS.
It was moved and seconded (Norris/Zornes) to approve the appointments to
the Estes Park Board of Adjustment Appointments of Jeff Moreau for a three-
year term expiring March 31, 2023, Francis (Joe) Holtzman for a two-year
term expiring March 31, 2022, and Guy Wayne Newsom for a one-year term
expiring March 31, 2021, and it passed unanimously.
Whereupon Mayor Jirsa adjourned the meeting at 8:14 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk DRAFT16
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Town of Estes Park, Larimer County, Colorado, March 18, 2020
Minutes of a Special meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town
of Estes Park on the 18th day of March, 2020.
Present: Todd Jirsa, Mayor
Trustees Carlie Bangs
Eric Blackhurst
Marie Cenac
Patrick Martchink
Ron Norris
Ken Zornes
Also Present: Travis Machalek, Town Administrator
Jason Damweber, Assistant Town Administrator
Dan Kramer, Town Attorney
Jackie Williamson, Town Clerk
Absent: None.
Called the meeting to order 5:30 p.m.
AGENDA APPROVAL.
It was moved and seconded (Cenac/Zornes) to approve the Agenda, and it passed
unanimously.
REPORT & DISCUSSION ITEM(S) (OUTSIDE ENTITIES)
1. UPDATE FROM LARIMER COUNTY DEPARTMENT OF HEALTH AND
ENVIRONMENT. Tom Gonzales/Larimer County Public Health Director provided
an update on the COVID-19 status, stating Larimer County has five cases. Testing
continues to be an issue with 250 tests completed in a day and 5,000 back logged
in the system to be processed with an average turnaround of seven days for
results. A State of Emergency has been declared by Larimer County which closed
restaurants, bars, gyms, etc.; however, dine out or take out can occur. Events of
50 or more people have been cancelled. High risk populations, including those 60
and older and those with health risks are encouraged to limit activities outside the
home, only essential travel and maintain social distancing. All non-emergency
operations are being cancelled. The County has also recommended limiting one
member of the family to go to the grocery store, pharmacy, etc. He stated there
are no confirmed cases in Estes Park at this time.
Board discussion and questions were heard and summarized: Questioned if the
County has discussed the closing of hotels and accommodations; should there be
a limit on the number of people within a store; questioned if the Estes Park hospital
is being monitored by the County; raised concern with the National Park system
remaining open and inviting the public to the parks during the COVID event;
questioned if it was time to be proactive rather than a reactive to the COVID event;
how is the County addressing the unique needs of communities such as Estes
Park; and questioned if the County had been in contact with the Estes Park Health
Board of Directors to discuss level of services and needs.
Mr. Gonzales responded to questions. He stated the County had not discussed
the need to close accommodations or limit the number of individuals within stores.
The County continues to monitor the local facilities and has discussed the need for
overflow capacity to be planned for and identify the facilities that could be used.
The local hospital has been contacted and has collaborated on messaging and
protocols. The County continues to stress the need for self-isolation and shelter
in place and as best they can be proactive with the guidance provided by the CDC
and the State of Colorado. Mr. Gonzales stated he would like to continueDRAFT
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Board of Trustees – March 18, 2020 – Page 2
discussions with Town leaders to better understand the unique challenges of the
community.
ACTION ITEMS:
1. POLICY 370 – COVID-19. Director Williamson reviewed the policy which outlines
a new leave category COVID-19 Leave to address employees with influenza-like
symptoms, employees placed on manditory quarantine by a medical professional
or government mandate, and for employees suspected of being exposed and in
consultation with their supervisor, director and human resources. The leave
category would provide up to fifteen days/120 hours to paid leave. The policy also
provides the Town Administrator with the ability to approve paid administrative
leave for employees that may not have adequate paid leave to address a COVID
situation. The policy further outlines the use of FMLA, the Town’s right to send
employees home that display COVID-19 symptoms, and policies regarding the use
of time for childcare leave during the current situation. It was moved and
seconded (Norris/Zornes) to approve Policy 370, and it passed unanimously.
2. ORDINANCE 04-02 AMENDING ESTES PARK MUNICIPAL CODE TITLE 2
REGARDING EMERGENCIES. Attorney Kramer outlined the ordinance that
would formalize the procedures during an emergency such as the current COVID-
19 emergency. This would delegate to the Town Administrator the ability to make
an emergency declaration. It would provide him the ability to call a special meeting
due to the need for immediate action. The ordinance also addresses the Board
meeting virtually when a quorum of the Board would be unable to attend in person
or due to a declared disaster or emergency. The public would be provided
maximum notice of such a meeting and how to participate. The meeting guidelines
outlined in the ordinance would not be sufficient to meet the requirements of a
quasi-judicial item. A new section 2.28.030 Disaster and emergency declarations
would be added to the Municipal Code to provide the Town Administrator with the
authority to establish an emergency declaration for seven days. After the seventh
day the Board would have to ratify the emergency order. The authority provides
the Town Administrator the ability to react quickly to a situation, can free up funding
sources both internal and external, set a plan in motion already established,
provide the Administrator with the authority to set regulations, processes, rules,
and orders to reasonably protect life and safety. Notice to the public would be
completed by legal notice. Town Board could terminate any regulation and order
put in place by the Town Administrator.
Charley Dickey/Town citizen questioned the mind set of having a non-elected
official making decisions for the Town. Attorney Kramer stated the Town
Administrator has daily contact with the Town staff and the Town Board leading up
to and during an emergency, therefore, closely involved in the day-to-day
operations of the Town.
Board discussion was summarized: The system contains a built-in check and
balance process and provides the Board the ability to reverse the declaration. The
emergency procedures provide a mechanism to allow the Town to respond quickly
during an emergency.
It was moved and seconded (Norris/Bangs) to approve Ordinance 04-20 with
the correction to Section 1 to correct section 2.03.045 to read 2.04.045, and it
passed unanimously.
2. REPORT AND DISCUSSION ITEMS:
1. PLANNING TRANSITION ORDINANCE DISCUSSION. Town Administrator
Machalek stated the Board meeting on March 24, 2020 contains a quasi-judicial
item on the agenda. Attorney Kramer has stated a public hearing on a quasi-
judicial item cannot be held virtually. Staff requests direction from the Board on
the postponement of paid parking for 2020 as it could negatively impact the DRAFT18
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Board of Trustees – March 18, 2020 – Page 3
business community. He questioned whether a special meeting to discuss paid
parking would be needed or would the Town Board be amenable to staff having
the discussions and report back to the Board. Staff requested feedback from the
Board on if the Town Board should meet publicly or virtually moving forward.
Board comments were heard and summarized: All items which are not time
sensitive should be deferred; if the quasi-judicial meeting item is time sensitive the
items should be heard in the current meeting format; and the paid parking item
would need further consideration to discuss the issue as considerable time and
energy has been spent.
After further discussion, the Board consensus was to meet publicly with proper
social distancing at the Tuesday, March 24, 2020 Board meeting with the
information the Board has as of today. The Board consensus was to allow staff to
work on the consideration of the postponement of paid parking at the staff level.
Trustee Martchink encouraged the Town Board to take a position to expect change
to come, and he encouraged staff to reach out to the Estes Park Health for a
position statement to guide the Town on decision making moving forward. He
stated the Town has the opportunity to be proactive and do what is best for the
Town citizens.
Trustee Bangs commented the Town Board needs to support the non-profits which
are essential in supporting the community during the pandemic. She reiterated
that travel in and out of the community is not recommended at this time. She
thanked all the businesses that have shut down voluntarily and stated regardless
of what has been recommended by the County, the Town can always do more as
the Board sees the need.
Whereupon Mayor Jirsa adjourned the meeting at 6:47 p.m.
Todd Jirsa, Mayor
Jackie Williamson, Town Clerk DRAFT19
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UTILITIES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Director Bergsten, Superintendent Eshelman
Attorney Kramer
Date: April 14, 2020
RE: Resolution 21-20 Approving Mutual Aid Agreement with the
Colorado Water/Wastewater Agency Response Network
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Provide reliable water service under emergency conditions.
Present Situation:
This mutual aid and assistance network provides water utilities with the means to
quickly obtain help in the form of personnel, equipment, materials and associated
services from other utilities to restore critical operations impacted during any type of
emergency.
Becoming a member of a mutual aid and assistance network before assistance is
required can make all the difference when we need help.
The Water/Wastewater Agency Response Network is a nationally recognized program.
Each state administers a separate network. The agreement must be approved by the
Town Board for the Town to participate in the Colorado Water/Wastewater Agency
Response Network (CoWARN)
Proposal:
The staff proposes approval of the agreement by resolution.
Advantages:
Mutual Aid agreements establish a common understanding between agencies
We can give help to other water systems and we can help during emergencies
Disadvantages:
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None
Action Recommended:
Staff recommends approving the Agreement by Resolution.
Finance/Resource Impact:
None
Level of Public Interest
Low
Sample Motion:
This will be on the consent agenda.
Should it be removed the following sample motion could be used.
I move to approve/deny the Resolution.
Attachments:
Resolution 21-20
Colorado’s Water/Wastewater Agency Response Network Mutual Aid and Assistance
Agreement - Link
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RESOLUTION 21-20
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH
COLORADO’S WATER/WASTEWATER AGENCY RESPONSE NETWORK (CoWARN)
FOR MUTUAL AID AND ASSISTANCE
WHEREAS, the Town Board desires to enter the intergovernmental agreement
referenced in the title of this resolution for the purpose of mutual aid and assistance.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
The Board approves, and authorizes the Mayor to sign, the intergovernmental
agreement referenced in the title of this resolution in substantially the form now before
the Board.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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970-577-3630
970-412-2533
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Town of Estes Park, Water Division
April14th
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TOWN OF ESTES PARK
Mayor Date
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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PUBLIC WORKS Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Ryan Barr, EI, Pavement Manager
Gregory Muhonen, PE, Public Works Director
Date: April 14, 2020
RE: Fall River Trail Construction Oversight Contract with Cornerstone
Engineering & Surveying, Inc.
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
Public Works seeks approval from the Town Board for the construction oversight
contract with Cornerstone Engineering & Surveying, Inc. for the western-most segment
of the Fall River Trail project.
Present Situation:
Public Works staff is planning construction to start on the Fall River Trail this spring,
2020. Construction oversight is needed to ensure proper management of this grant-
funded project including daily inspection, materials testing, permitting, grant compliance
for Buy America, documentation and close out tasks, traffic control inspection, and
managing field changes per Requests for Information and Submittals. The Construction
Oversight Consultant will assist the Town Project Manager in managing the project’s
scope, schedule and budget.
The Town Board approved the Fall River Trail construction contract with Jag’s
Enterprises, Inc. at the Town Board meeting on 3-24-2020. Based on current staff
availability, Public Works is seeking services from an engineering consultant to assist
with construction oversight activities, to ensure a successful construction project and
grant compliance.
A request for proposals for construction oversight services was advertised on March 6,
2020. Three proposals were received on March 23, 2020 from the following firms:
Cornerstone Engineering & Surveying (Estes Park), Coffey Engineering & Surveying
(Loveland), and Artaic Group (Denver). The proposal evaluation committee found
Cornerstone Engineering & Surveying to be the most qualified proposing firm.
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Cornerstone Engineering & Surveying has relevant experience managing construction
projects, and assisting with grant documentation and closeout for projects similar in size
and scope. A number of these similar projects have been for the Town.
Proposal:
Public Works proposes approval of the professional services contract with Cornerstone
Engineering & Surveying, Inc. for Construction Oversight services on the Fall River Trail
(RTP, LWCF, Harmony, RMNP) project.
Advantages:
Contracting with an experienced construction oversight consultant will ensure the project
is properly managed for successful completion.
The construction oversight consultant will provide consistent and continuous onsite
monitoring working closely with the construction contractor and the Town Project
Manage to ensure timely response to field changes.
This allows Public Works staff to continue essential work for the Department and Town
Disadvantages:
There is a financial cost to contracting for these services; however, it is funds well spent
to ensure the project is successful.
Grant documentation in construction projects can be time-consuming and arduous;
however, having a dedicated person to assist with documentation can ensure
compliance.
Town funds could be used for other projects; however, this is a priority project.
Action Recommended:
Staff recommends approving the attached professional services contract with
Cornerstone Engineering & Surveying, Inc. in the amount of $124,770.00.
Finance/Resource Impact:
These construction oversight services will be funded from the 1A Trails Expansion Fund
and the Open Space Fund.
Level of Public Interest
Low.
Sample Motion:
I move for approval/denial of the professional services contract with Cornerstone
Engineering & Surveying, Inc.
Attachments:
Professional Services Contract - Link
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RESOLUTION 17-20
SETTING THE PUBLIC HEARING FOR A NEW
HOTEL & RESTAURANT LIQUOR LICENSE APPLICATION FOR
SUNNY ACRE CORPORATION DBA THE EGG OF ESTES
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
That the filing date of the application for a New Hotel & Restaurant Liquor License,
filed by Sunny Acre Corporation dba The Egg of Estes, 393 East Elkhorn Avenue, Estes
Park, Colorado, is March 13, 2020.
It is hereby ordered that a public hearing on said application shall be held in the Board
Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, May 12, 2020, at 7:00
P.M., and that the neighborhood boundaries for the purpose of said application and hearing
shall be the area included within a radius of 3.81 miles, as measured from the center of the
applicant's property.
DATED this day of , 2020.
TOWN OF ESTES PARK
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Construction Oversight services for the Fall River Trail (RTP, LWCF, Harmony, RMNP)
project, as outlined in the Consultant’s Proposal (attached).
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
Cornerstone Engineering & Surveying, Inc. (Consultant), a Colorado corporation, whose address
is 1692 Big Thompson Avenue, Suite 200, Estes Park, CO 80517, make this Contract this
__________ day of ____________________, 2020, at the Town of Estes Park, Colorado,
considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and;
1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract;
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Pages
Addendum 1 March 13, 2020 3
Addendum 2 March 18, 2020 2
2.5 The following Special Conditions of the Contract, if any:
Document Title Pages
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 2 of 14
No Special Conditions,
2.6 Notice of Award;
2.7 Request for Proposals, containing 262 pages, dated March 6, 2020;
2.8 Consultant's Proposal, containing 42 pages, dated March 23, 2020;
2.9 Insurance Certificates;
2.10 Consultant’s Fee Proposal, containing 1 page.
3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin
services under this Contract upon receiving Town’s notice to proceed. Consultant shall
timely perform its Services, according to the Performance Schedule attached to and
incorporated into this Contract or as otherwise directed by Town.
5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed
$124,770.00, as the Price for the total Services performed as stipulated in Consultant's
Proposal. This Contract does not create a multiple fiscal year direct or indirect debt or other
financial obligation. Each request for service shall incur a concurrent debt for that request
only. All financial obligations of the Town under this Contract are contingent upon
appropriation, budgeting, and availability of specific funds to discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Project since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 3 of 14
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s fee schedule attached to Consultant’s
proposal.
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 4 of 14
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 5 of 14
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order. Town shall issue no Change Order or other form of order or directive
requiring additional compensable work that will cause the Price to exceed the amount
approved.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
Ryan Barr, EI, Project Manager
Public Works Department
Town of Estes Park
PO Box 1200
Estes Park, CO 80517
CONSULTANT:
Michael Todd, PE, Principal
Cornerstone Engineering & Surveying, Inc.
1692 Big Thompson Avenue, Suite 200
Estes Park, CO 80517
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 6 of 14
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. In particular, Consultant shall strictly comply with all applicable
federal, state, and local orders regarding COVID-19. Consultant shall protect and indemnify
Town against any claim or liability arising from or based on the violations of any such law,
ordinance, regulation, order, or decrees by itself or by its subcontractors, agents, or
employees. Town assumes no duty to insure that Consultant follows the safety regulations
issued by OSHA.
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
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17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: Engineering Division, Public Works Department
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
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provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits and is obligated to pay
41
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 9 of 14
federal and state income tax on money earned under this Agreement. Except as this
Agreement expressly states, Consultant shall, at its sole expense, supply all buildings,
equipment and materials, machinery, tools, superintendence, personnel, insurance and other
accessories and Services necessary. This Agreement is not exclusive; subject the terms of
this Agreement, Town and Consultant may each contract with other parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on its effective date, and shall continue through
December 31, 2020 with the option of contract extensions, which must be authorized by the
Town.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 10 of 14
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 UNLAWFUL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly
employs or contracts with an illegal alien to perform work under this Contract or (b) fails to
certify to the Contractor that the subcontractor will not knowingly employ or contract with
an illegal alien to perform work under this Contract.
34 VERIFICATION REGARDING ILLEGAL ALIENS: Contractor has confirmed the
employment eligibility of all employees newly hired for employment to perform work under
this Contract through participation in either the E-verify program administered jointly by the
United States Department of Homeland Security and the Social Security Administration or
the employment verification program of the Colorado Department of Labor & Employment.
35 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E-
verify or Colorado Department of Labor & Employment program procedures to undertake
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 11 of 14
pre-employment screening of job applicants while performing this Contract.
36 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual
knowledge that a subcontractor performing work under this Contract knowingly employs or
contracts with an illegal alien, the Contractor shall, unless the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien:
(a) notify the subcontractor and the Town within three (3) 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
notice that the Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien, the subcontractor does not stop employing or contracting
with the illegal alien.
37 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation pursuant to C.R.S. 8-17.5-102 (5).
38 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
44
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 12 of 14
CONSULTANT
Date
Title: _______________________________
ACKNOWLEDGMENT
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2020, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission Expires .
Notary Public
45
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 13 of 14
TOWN OF ESTES PARK:
Date
Title: _______________________________
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by [Type name of Town
Representative, then press f11 to proceed],as [Type title of Town Representative, then press f11
to proceed] of the Town of Estes Park, a Colorado municipal corporation, on behalf of the
corporation, this day of , 2020.
Witness my hand and official Seal.
My Commission expires .
Notary Public
APPROVED AS TO FORM:
46
Incorporated in the Contract:
Request for Proposal
Addendum 1
Addendum 2
Consultant’s Proposal
Consultant’s Fee Proposal
47
1
REQUEST FOR PROPOSALS
CONSTRUCTION OVERSIGHT
Fall River Trail
(LWCF, RTP, Harmony, RMNP)
Public Works Department
Release Date March 6, 2020
Proposal Due Date: March 23, 2020
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Contents
1.0 ADMINISTRATIVE INFORMATION AND INSTRUCTIONS ....................................... 3
2.0 PROPOSED SCHEDULE ................................................................................................... 5
3.0 FEES, PAYMENT, AND CONTRACT .............................................................................. 6
4.0 INFORMATION REQUIRED FROM CONSULTANT .................................................... 7
5.0 EVALUATION AND SELECTION INFORMATION ...................................................... 7
6.0 SCOPE OF SERVICES ....................................................................................................... 8
EXHIBIT 1.................................................................................................................................... 11
EXHIBIT 2.................................................................................................................................... 12
EXHIBIT 3.................................................................................................................................... 13
ATTACHMENTS
01-Town of Estes Park Professional Services Contract Template
02-Fall River Trail – Bid Documents
03-Fall River Trail – Plan Set
04-Fall River Trail – Combined Addenda from Construction Bid
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1.0 ADMINISTRATIVE INFORMATION AND INSTRUCTIONS
1.1 GENERAL:
The Town of Estes Park (Town) is seeking a consultant with specific expertise in
construction oversight services to manage construction of a segment of the Fall River Trail
project.
1.2 PROJECT DESCRIPTION:
The Fall River Trail Project will include trail construction along Fish Hatchery Road and
Town-owned land not adjacent to Fish Hatchery Road and also within Rocky Mountain
National Park (RMNP) from the park boundary into Aspenglen Campground. This trail
segment, about 1.1 miles, includes two (2) pedestrian bridges over Fall River, three (3)
retaining walls near the Historic Fall River Hydroplant, careful removal of penstock for
display, and utility relocations. This is planned as a 10 feet wide, colored concrete
multimodal trail that complies with the Americans with Disabilities Act (ADA).
There are four (4) funding sources to support this trail segment:
1) Colorado Parks and Wildlife (CPW) Land and Water Conservation Fund (LWCF)
referred to as Segment 3 in the plans;
2) CPW Recreational Trails Program (RTP) referred to as Segment 2A in the plans;
3) Harmony Foundation referred to in the plans as Harmony; and
4) Rocky Mountain National Park referred to in the plans as RMNP or ROMO.
Each segment has a different funding source and must be tracked accordingly.
Work within RMNP will not be permitted when Aspenglen Campground is open from May
21, 2020 to September 30, 2020. The portion of work for RMNP will have its own project
timeline and number of working days, which is anticipated to be performed after the
September 30, 2020 date. RMNP has its own Project Special Provisions which are included
in the General Notes in the plan sheets for RMNP.
The awarded firm will be responsible for tracking contractor work for each funding source.
Jag’s Enterprises, Inc. is the selected contractor for this project. The Construction Contract is
currently pending Town Board approval, which is scheduled for the Town’s March 24th
Town Board meeting. The contractor’s Contract Time is 115 working days.
1.3 INQUIRIES AND CORRECTIONS:
If a firm submitting a proposal finds discrepancies in or omission from this Request for
Proposals (RFP), or should require additional clarification of any part thereof, a written
request for interpretation of or change made to the RFP will be made by written addendum
and will become part of the RFP and Contract awarded. Town of Estes Park will not be
responsible for the accuracy of any other ORAL EXPLANATIONS, INTERPRETATIONS,
OR REPRESENTATIONS. All inquiries shall be made in writing and all responses will be
provided in writing in an addendum. To be given consideration, inquires must be received by
the date outlined in the proposed schedule for the final addendum (see Section 2.0 for
Proposed Schedule.) All addenda will be available on BidNet (Rocky Mountain E-
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Purchasing), www.rockymountainbidsystem.com and on the Town’s website at
www.estes.org/RFP. The Town of Estes Park cannot guarantee accurate information
obtained from sources other than BidNet and the Town website.
It shall be the responsibility of each proposing firm to verify that every addenda has been
received prior to submitting proposals and to acknowledge the addenda in the space provided
on Exhibit 1, Acceptance of Conditions Statement, which shall be submitted with the
proposal.
All inquiries relating to this RFP shall be addressed in writing to:
Ryan Barr, Project Manager
Public Works Department
Town of Estes Park
170 MacGregor Avenue/ PO Box 1200
Estes Park CO 80517
970-577-3575
rbarr@estes.org
1.4 SUBMITTAL DEADLINE AND LOCATION:
All proposals must be received in the Public Works Department by 2:00 pm on Monday,
March 23, 2020. Proposals must be submitted through one of the following means:
a) Email to Project Manager;
b) Through Rocky Mountain E-Purchasing (BidNet); or
c) Hand delivery to Town of Estes Park, Public Works Department, Room 100, 170
MacGregor Avenue, Estes Park, CO 80517.
1.5 LATE PROPOSALS: Late proposals will not be accepted under any circumstance, and any
proposal so received shall be returned to the proposing firm unopened, provided there is a
return address on the envelope. Proposing firms will be expected to allow adequate time for
delivery of their proposals.
1.6 PROPRIETARY INFORMATION: All information included in any proposal that is of a
proprietary nature must be clearly marked as such. The Town of Estes Park shall be held
harmless from any claims arising from release of proprietary information not clearly
designated as such by the proposing firm. In general, it is not acceptable to the Town of
Estes Park to mark information other than financial data proprietary without the written
authorization from the Public Works Director. Failure to adhere to this restriction could
result in rejection of the entire proposal.
1.7 DEFINITION CONTEXT AND GENDER: Unless otherwise specified in this document,
all words shall have a common meaning unless the context in which they are used clearly
requires a different meaning. Words in the singular number include the plural, and in the
plural include the singular. Titles having a masculine gender, such as “workmen” and the
pronouns “he” or “his” are for the sake of brevity and are intended to refer to persons of
either sex.
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1.8 CONDITIONS OF PROPOSAL SUBMITTAL:
A. All proposing firms shall comply with all conditions, requirements and specifications
contained herein, with any departure constituting sufficient cause for rejection of the
proposal.
B. The proposal must be signed by a duly authorized official of the proposing firm
submitting the proposal.
C. No proposal will be accepted from any person, firm or corporation that is in arrears
for any obligation to the Town of Estes Park, or that otherwise may be deemed
irresponsible or unresponsive by the Town of Estes Park staff or Board of Trustees.
No proposal will be accepted from a firm or corporation that is debarred or suspended
to work on federally funded projects per the federal System for Award Management
(SAM.gov).
D. Only one proposal will be accepted from any one person, firm, or corporation.
E. The Town of Estes Park reserves the right to reject any and all proposals or any part
thereof. The right is reserved to waive any formalities or informalities contained in
any proposal, and to award a proposal to the most responsive and responsible
proposing firm as deemed in the best interest of the Town and the Town’s funding
partners.
F. All proposals shall be prepared in a comprehensive manner as to content, but no
necessity exists for expensive binders or promotional material. An electronic version
of the proposal is required even if proposal is hand delivered.
G. Town of Estes Park reserves the right to negotiate final terms with the selected
proposer that may vary from those contained in this document.
H. This is a qualification-based solicitation in which the fee will be negotiated following
selection according to evaluation criteria.
I. The Town reserves the right to request a client list from the proposer, for the purpose
of determining potential conflicts of interest. Said list shall be considered proprietary.
J. Town of Estes Park will not return proposals, or other information supplied to Town
to the proposing firms except for those proposals received late.
2.0 PROPOSED SCHEDULE
Release RFP for Construction Oversight March 6, 2020
Optional Pre-Proposal Meeting (2:00 pm) March 11, 2020
Deadline for Questions (5:00 pm) March 16, 2020
Final Addendum Issued March 18, 2020
Proposal Due Date (2:00 pm) March 23, 2020
Notice of Award – tentative March 26, 2020
Town Board Approval of Professional Services Contract – target April 14, 2020
Pre-Construction Meeting – tentative April 15, 2020
Anticipated Construction Completion – RMNP segment October 30, 2020
Complete Project Closeout November 2020
This schedule is subject to changes.
An optional Pre-Proposal meeting will be held in the Engineering Conference Room (Downstairs
in Room 100) of Estes Park Town Hall, located at 170 MacGregor Avenue. A call-in option will
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be available for the Pre-Proposal Meeting. To obtain the call-in details, interested bidders must
contact the Project Manager in advance of the meeting.
3.0 FEES, PAYMENT, AND CONTRACT
3.1 PROFESSIONAL SERVICES TIME AND FEES:
Following selection of a consultant based on qualifications, competence, experience, and
other factors, the Town will enter into fee negotiation and contract agreement for services.
Payments shall not exceed the total contracted value. Subcontracting (see 3.3) shall be line
item detailed, and an estimated value identified and approved prior to any work.
3.2 METHOD OF PAYMENT:
Public Works will process invoices for this project on a monthly basis. The amount of such
payment shall be based upon certified progress reports and billing covering the work
performed. The invoice will be submitted to the Town representative, as identified above or
designee, for approval. Payment by the Town will not exceed 95% until the project is
completed and accepted by the Town. In the event that a service is requested which is not
listed on the proposal, the consultant and the Town will negotiate an appropriate price for
the service prior to any work being done.
3.3 USE OF SUBCONSULTANTS:
The proposing consultant shall indicate in the proposal any work intended to be performed
by subconsultants or persons outside of their firm. The consultant shall name the
subconsultants, if known at the time of proposal submittal. Subconsultants shall be bound
to meet the same quality standards and schedules. They will also provide the same level of
documentation.
3.4 INSURANCE REQUIREMENTS FOR CONSULTANTS:
Insurance certificates are not required with the proposal. The Town must approve the
successful consultant’s insurance prior to execution of the contract. Coverage shall meet
state standards as per the Colorado Revised Statutes (CRS), and name the Town of Estes
Park as additionally insured. The successful consultant shall acquire a Town Business
License prior to signing the contract. This can be obtained through the Town Clerks Office,
https://www.colorado.gov/pacific/townofestespark/businesslicensing
3.5 MATERIAL OWNERSHIP:
All material submitted regarding this RFP becomes the property of the Town and will only
be returned to the consultant at the Town’s option. The Town of Estes Park has the right to
use any or all ideas presented in reply to this RFP. Disqualification of proposer does not
eliminate this right.
3.6 TERM OF CONTRACT:
The term of the contract resulting from this RFP shall be from the date of the executed
contract through final contract date or final closeout with the granting agencies. The Town
will generate the Contract in accordance with Town policy (see template Professional
Services Contract included as Attachment 1).
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4.0 INFORMATION REQUIRED FROM CONSULTANT
4.1 RESPONSE TO THE RFP:
The proposer must address each item of the following section and meet the mandatory
requirements of Section 5.0 of this document.
4.2 REQUIRED PROPOSAL ELEMENTS:
The consultant must provide the following information and statements with the proposal:
A. Brief summary of the proposal.
B. Statement of understanding, showing familiarity with the Scope of Services, including
experience working with trail and bridge projects or grant-funded projects.
C. Proposed approach to the work as outlined in the Scope of Services.
D. The consultant’s qualifications, competence and experience in providing professional
project and construction oversight for trail projects of similar size and scope. Include
client references for past projects.
E. Biographical information or resumes of key professional staff. Name of person who
will act as primary contact person for the consultant’s work; including phone, cell
phone, and email contact information.
F. Availability of staff throughout the duration of the project. Identify the primary staff
member(s) that will be on site and performing the oversight and documentation.
G. A brief statement of compliance with the terms and conditions as set forth in the
Administrative Section of this RFP.
H. Completed and attested Exhibits 1-3 of this document
5.0 EVALUATION AND SELECTION INFORMATION
5.1 EVALUATION AND SELECTION METHOD:
An Evaluation and Selection Committee composed of members of Town staff will review
the proposals. The committee may make a selection on the basis of the proposals received,
or may choose to “short list” prospective firms for further negotiations. The firm selected
for the award will be chosen on the basis of the apparent greatest benefit to the Town of
Estes Park including qualifications, competence, experience, and negotiated fee. The Town
reserves the right to request interviews with selected proposer. The objective of the
Evaluation and Selection Committee will be to evaluate proposals against the criteria set
forth here-in:
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POINTS QUALIFICATION STANDARD
30 Scope, understanding,
and approach
Approach is clear and concise and addresses this
specific project. Understanding of the project
location, need, opportunities and challenges in
project oversight for construction. Presentation of
approach specific to the scope of work.
25 Qualifications of staff Project staff background, education, and experience
on similar projects. Qualifications and experience of
the consultant in construction oversight and project
management. Understanding of plans, specifications
and estimates (PS&E); and daily management and
documentation of construction work.
20
Experience and client
references for similar
projects
Performance on time, within budget and scope;
similar to this project in size and scope. Experience
in working with construction firms. Management
qualifications and company capability and capacity
to perform and complete the work. Qualifications of
the consultant in terms of ability, experience,
competence and reliability in performing and
managing work within a schedule and budget.
References should be provided for at least three
recent clients for whom the consultant has
performed construction oversight services for work
outlined in the Scope of Services.
15 Adequacy of proposal Completeness and thoroughness of proposal.
Responsive to RFP.
10 Availability Performance in project timeframe. Capable of
providing on-site services throughout project
timeline.
TOTAL POINTS (100 POSSIBLE)
Based on the point system, the firms will be ranked in order of their perceived ability to perform
the work. The top firms MAY be interviewed, and after interviews, points may be recalculated.
6.0 SCOPE OF SERVICES
6.1 GENERAL:
The Public Works Department is seeking the services of a Professional Civil Engineering
consultant to provide construction oversight for the Fall River Trail project.
Task 1 – Communications with Project Manager: The Town expects the consultant to
communicate directly with the Town Project Manager. Public interest is often high when it
comes to construction work and improvements because of travel impacts. The consultant
should anticipate communicating with Town staff, RMNP, Harmony Foundation, Bugle
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Point Condominiums, Estes Park United Methodist Church, and various property owners
and citizens.
Task 2 – Review, Understand and Follow the Engineering Design and Construction
Documents: Construction Documents, including design plan sheets, are attached to the
end of this RFP. Additional documents or standard templates are available upon request.
Task 3 – Permitting
The consultant is responsible for confirming the contractor obtains and abides by the
requirements of the following permits (as needed).
Local Permits:
Town Right-of-Way Permit
CDPHE:
Stormwater Construction Permit (CDPS-SCP)
Construction Dewatering Permit (CDW)
EPA:
Stormwater Construction Permit (EPA-SCP) – this for the portion of trail within
RMNP. Selected consultant should coordinate with RMNP Construction Control
Representative Josh Lyon regarding the contractor obtaining and abiding by this EPA
permit
Task 4 – Construction Oversight
This task includes but is not limited to the following:
a. Function as the Project Engineer on site.
b. Coordinate work with the Town Project Manager.
c. Facilitate regularly scheduled construction meetings including producing agenda
and progress notes.
d. Attend pre-construction meeting [if awarded in time]
e. Document daily inspections of construction work, and equipment and materials
used on site according to industry standards.
f. Obtain source documentation to meet Buy America requirements.
g. Review and approve monthly construction contract pay applications for
completeness and accuracies of quantities and costs.
h. Document work through photos and daily logs. Provide photos of pre-construction
conditions, conditions throughout construction, and post-construction conditions.
Photos will be uploaded on a regular bases to an online portal specified by either the
consultant or the Town.
i. Inspection of traffic control and receive and review traffic control reports from
contractor.
j. Refer to and follow bid documents, plans and specification during oversight.
k. Review and track contractor Requests for Information (RFIs) and Submittals;
respond to these with the Town Project Manager.
l. Monitor and review construction change orders in collaboration with the Town
Project Manager.
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m. Confirm utilities locates have been obtained by the contractor.
n. Anticipate and proactively address construction-related issues before they adversely
impact the work progress.
o. Work with the Town to complete close out requirements including final
documentation for the grants/funding agencies, producing and confirming
contractor completion of all punch list items, participate in the final inspection with
Town staff, notice of final payment, etc.
p. Coordinate work with Utilities and Engineer of Record (Otak, Inc.) as needed, but
especially when field issues are encountered.
q. Coordinate with RMNP Construction Control Representative Josh Lyon for work
within RMNP.
Task 5 – Materials Testing Oversight
This task includes procuring and overseeing the Town’s material testing consultant for
performance of all material testing required to satisfy industry standards for this project.
Meet with the Project Manager to evaluate appropriate testing frequencies for various work
line items. Develop a schedule of material testing requirements to be advertised with the
Materials Testing RFP. Develop the Materials Testing RFP packet and administer the
procurement process to obtain at least 3 quotes for the material testing work. Deliver these
quotes to the Town for selection and contracting. Coordinate with the Contractor to ensure
that calls are being made in advance to schedule appropriate testing. Oversee material
testing during the construction of this project and record pertinent information related to the
testing.
6.2 SITE PARAMETERS:
The selected consultant will work closely with Town staff to develop improvements in a
manner that will minimize the impact to the citizens.
6.3 PUBLIC CONTACT:
The consultant shall work in collaboration with Town staff to contact all adjacent property
owners and tenants that will be impacted by the proposed improvements.
ATTACHEMENTS TO THIS RFP
01-Town of Estes Park Professional Services Contract Template
02-Fall River Trail – Bid Documents
03-Fall River Trail – Plan Set
04-Fall River Trail – Combined Addenda from Construction Bid
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EXHIBIT 1
TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No employee, elected or appointed official of the Town of Estes Park, or
any such person’s spouse or dependent child has an existing or pending,
direct or indirect, financial, ownership or personal interest in the proposing
firm of this Request for Proposal, except as follows:
I/we hereby agree to all instructions, terms and conditions, and
specifications contained herein: I acknowledge receipt of the following
addenda:
Proposing Firm:
Address:
Telephone Number:
Submitted By:
Signature
Printed Name:
Attest:
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EXHIBIT 2
CONSULTANT’S PERSONNEL AND SUBCONSULTANT LISTING
Name: Role:
ILLEGAL
ALIENS:
Insert additional lines if needed.
The Contractor certifies that the Contractor shall comply with the provision of CRS 8 -17.5-101, et seq. The Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontracto r 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 Emp loyment 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 th e Contractor
shall be liable for actual and consequential damages to the Town.
If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or cont racts 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.
59
13
EXHIBIT 3
TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To:
A Corporation
By: , A Partnership whose address is
(Proposer) An Individual
Proposer hereby authorizes Town to perform such investigation of proposer as
the Town deems necessary to establish the qualifications, responsibility and
financial ability of proposer. By its signature hereon, proposer authorizes
owner to obtain reference information concerning proposer and releases the
party providing such information named above and the Town from any and all
liability to proposer as a result of any such reference information provided.
Proposer further waives any right to receive copies of reference information
provided to the Town. An executed copy of this Reference Authorization and
Release Form may be used with the same effectiveness as an original.
By:
Print Name:
Title:
Date:
60
[To complete this form, press f11 to move from field to field and follow any prompts. If no
prompt appears (like date or section number fields), press f11 to skip to next field. Now press
delete to delete this prompt, and press f11 to proceed.]
TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
[Here describe the type (or a descriptive title) of the contract and insert table of contents, if
necessary, then press f11 to proceed]
The parties, the Town of Estes Park, Colorado (Town), a municipal corporation, and
[Enter Consultant Name, then press F11 to proceed] (Consultant or Contractor), a [Enter
Consultant's legal entity, e.g. Colorado Corporation, then press F11 to proceed], whose address is
[Enter Consultant's address, including street, city, state & zip, then press f11 to proceed], make
this Contract this __________ day of ____________________, 2020, at the Town of Estes Park,
Colorado, considering the following facts and circumstances:
1 RECITALS:
1.1 Town desires to use the services of Consultant outlined in Consultant's Proposal; and;
1.2 Consultant has agreed to provide the Services outlined in its Proposal, on the terms
and conditions stated in this Contract;
2 CONTRACT: This Agreement is a Contract, representing the entire and integrated
agreement between the parties and supersedes any prior negotiations, written or oral
representations and agreements. The Agreement incorporates the following Contract
Documents. In resolving inconsistencies between two or more of the Contract Documents,
they shall take precedence in the order enumerated, with the first listed Contract Document
having highest precedence.
The Contract Documents, except for amendments executed after execution of this Contract, are:
2.1 Change Orders;
2.2 Notice to Proceed;
2.3 This Contract;
2.4 The following Addenda, if any:
Number Date Pages
[Enter addenda, dates, pages, then press f11 to proceed]
2.5 The following Special Conditions of the Contract, if any:
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
Page 2 of 14
Document Title Pages
[List special conditions, then press f11 to proceed]
2.6 Notice of Award
2.7 Request for Proposals, containing [Enter number of pages in RFP, then press f11 to
proceed] pages, dated [Enter date of RFP, then press f11 to proceed].
2.8 Consultant's Proposal, containing [Enter number of pages in proposal, then press f11
to proceed] pages, dated [Enter proposal date, then press f11 to proceed].
2.9 Insurance Certificates
[List here any other documents forming part of the Contract, then press f11 to
proceed]
3 SCOPE OF SERVICES: Consultant shall provide and furnish at its own cost and expense all
materials, machinery, equipment, tools, superintendence, labor, insurance and other
accessories and services necessary to provide its Services in strict accordance with the
conditions and prices stated in the Contract Documents.
4 BEGINNING WORK AND COMPLETION SCHEDULE: The Consultant shall begin
services under this Contract upon receiving Town’s notice to proceed. Consultant shall
timely perform its Services, according to the Performance Schedule attached to and
incorporated into this Contract or as otherwise directed by Town.
5 PRICE: The Town will pay Consultant for the performance of this Contract, not to exceed
[Enter price, then press f11 to proceed], as the Price for the total Services performed as
stipulated in Consultant's Proposal. This Contract does not create a multiple fiscal year direct
or indirect debt or other financial obligation. Each request for service shall incur a
concurrent debt for that request only. All financial obligations of the Town under this
Contract are contingent upon appropriation, budgeting, and availability of specific funds to
discharge such obligations.
6 TIME OF PAYMENTS TO CONSULTANT: The Consultant shall bill its charges to the
Town periodically, but no more frequently than once a month. Each bill shall contain a
statement of the time the primary employees spent on the Project since the previous bill, a
brief description of the Services provided by each such employee, and an itemization of
direct expenses. The Town will pay each such bill which it finds to be in accordance with
this Contract within forty-five days of its receipt. If Town questions any part of a bill, finds
any part of a bill does not conform to this Contract, or claims the right to withhold payment
of any part of a bill, it will promptly notify Consultant of the question, nonconformity or
reasons for withholding.
7 QUALIFICATIONS ON OBLIGATIONS TO PAY: No partial payment shall be final
acceptance or approval of that part of the Services paid for, or shall relieve Consultant of any
of its obligations under this Contract. Notwithstanding any other terms of this Contract,
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
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Town may withhold any payment (whether a progress payment or final payment) to
Consultant under the following conditions:
7.1 Consultant fails to promptly pay all bills for labor, material, or services of consultants
furnished or performed by others to perform Services.
7.2 Consultant is in default of any of its obligations under this Contract or any of the
Contract Documents.
7.3 Any part of such payment is attributable to Services not conforming to this Contract.
(Town will pay for any part attributable to conforming Services).
7.4 Town, in its good faith judgment, determines that the compensation remaining unpaid
will not be sufficient to complete the Services according to this Contract.
8 CONSULTANT'S DUTIES:
8.1 Town enters into this Contract relying on Consultant’s special and unique abilities to
perform the Services. Consultant accepts the relationship of trust and confidence
established between it and the Town by this Contract. Consultant will use its best
efforts, skill, judgment, and abilities. Consultant will further the interests of Town
according to Town’s requirements and procedures, according to high professional
standards.
8.2 Consultant has and will undertake no obligations, commitments, or impediments of
any kind that will limit or prevent its performance of the Services, loyally, according
to the Town's best interests. In case of any conflict between interests of Town and any
other entity, Consultant shall fully and immediately disclose the issue to Town and,
without Town's express approval, shall take no action contrary to Town's interests.
8.3 Consultant’s Services under this Contract shall be of at least the standard and quality
prevailing among recognized professionals of expert knowledge and skill engaged in
the Consultant's same profession under the same or similar circumstances.
8.4 Consultant's work, including drawings and other tangible work products provided to
Town, will be accurate and free from any material errors, and will conform to the
requirements of this Contract. Town approval of defective drawings or other work
shall not diminish or release Consultant's duties, since Town ultimately relies upon
Consultant's skill and knowledge.
8.5 The Contract Documents determine whether the Consultant's Scope of Services
includes detailed independent verification of data prepared or supplied by Town.
Consultant will, nevertheless, call to Town's attention anything in any drawings,
plans, sketches, instructions, information, requirements, procedures, or other data
supplied to Consultant (by the Town or any other party) that Consultant knows, or
reasonably should know, is unsuitable, improper, or inaccurate for Consultant's
purposes.
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
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8.6 Consultant shall attend such meetings on the work stated in this Contract, as Town
requires. Town will give reasonable notice of any such meetings, so Consultant may
attend. Town will pay for any meeting time exceeding Consultant’s total estimate of
included hours, according to Consultant’s fee schedule attached to Consultant’s
proposal.
8.7 As applicable state and federal laws may require, Consultant will assign only persons
duly licensed and registered to do work under this Contract.
8.8 Consultant shall furnish efficient business administration and superintendence and
perform the Services in the most efficient and economical manner consistent with the
best interests of Town.
8.9 Consultant shall keep its books and records for Services and any reimbursable
expenses according to recognized accounting principles and practices, consistently
applied. Consultant shall make them available for the Town's inspection at all
reasonable times. Consultant shall keep such books and records for at least three (3)
years after completion of the Services.
9 TOWN'S DUTIES:
9.1 Town will provide full information to the Consultant on the Town's requirements in a
timely manner.
9.2 Town will assist the Consultant by providing such pertinent information available to
Town, including maps, studies, reports, tests, surveys and other data, as Consultant
specifically requests.
9.3 Town will examine all tests, reports, drawings, specifications, maps, plans and other
documents presented by the Consultant to Town for decisions. Town will obtain the
advice of other consultants, as the Town thinks appropriate. Town will give decisions
to the Consultant in writing within a reasonable time.
9.4 Town will appoint a person to act as Town's representative on this Agreement. This
person will have authority to issue instruction, receive information, interpret and
define the Town's policies and decisions on the Consultant’s Services.
9.5 Town will give prompt written notice to the Consultant when the Town notices any
development that affects the scope or timing of the Services.
10 USE OF FINAL PRODUCT: Consultant may have limited involvement after the completion
of this Agreement and lacks control of the future use of Consultant's work. Except for
deficiencies in Consultant’s performance under this Agreement, future use and interpretation
of Consultant’s work is at the risk of Town or other users.
10.1 The Consultant will keep record copies of all work product items delivered to the
Town.
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PROFESSIONAL SERVICES CONTRACT
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11 OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS: All drawings,
specifications, computations, sketches, test data, survey results, renderings, models, and
other materials peculiar to the Services of Consultant or Consultant’s subconsultants under
this Contract are property of Town, for its exclusive use and re-use at any time without
further compensation and without any restrictions. Consultant shall treat all such material
and information as confidential, and Consultant shall neither use any such material or
information or copies on other work nor disclose such material or information to any other
party without Town's prior written approval. Upon completion of Services, or at such other
time as the Town requires, Consultant shall deliver to the Town a complete, reproducible set
of all such materials. For copyright ownership under the Federal Copyright Act, Consultant
conveys to Town and waives all rights, title and interest to all such materials in written,
electronic or other form, prepared under this Contract. Town shall have worldwide reprint
and reproduction rights in all forms and in all media, free of any claims by the Consultant or
its subconsultants and subcontractors. The Town's rights, granted above, in drawing details,
designs and specifications that are Consultant's standard documents for similar projects, and
in Consultant’s databases, computer software and other intellectual property developed, used
or modified in performing Services under this Contract are not exclusive, but joint rights,
freely exercisable by either the Town or the Consultant.
All design documents, including drawings, specifications, and computer software prepared
by Consultant according to this Contract comprise Consultant's design for a specific Project.
Neither party intends or represents them as suitable for reuse, by Town or others, as designs
for extension of that same Project or for any other project. Any such reuse without prior
written verification or adaptation by Consultant for the specific purpose intended will be at
user's sole risk and without liability or legal exposure to Consultant. Except as required for
performance under this Contract, Consultant's verification or adaptation of design
documents will entitle Consultant to additional compensation at such rates as the Consultant
may agree.
12 CHANGE ORDERS: Town reserves the right to order work changes in the nature of
additions, deletions, or modifications, without invalidating this agreement, and agrees to
make corresponding adjustments in the contract price and time for completion. All changes
will be authorized by a written change order signed by Town. Work shall be changed, and
the contract price and completion time shall be modified only as set out in the written
change order. Town shall issue no Change Order or other form of order or directive
requiring additional compensable work that will cause the Price to exceed the amount
approved.
13 SERVICE OF NOTICES: The parties may give each other required notices in person or by
first class mail or by email to their authorized representatives (or their successors) at the
addresses listed below:
TOWN OF ESTES PARK:
[Enter name, title, & address of Town's
authorized rep., then press f11 to proceed]
CONSULTANT:
[Enter name, title & address of consultant's
authorized rep., then press f11 to proceed]
14 COMPLIANCE WITH LAW: Consultant will perform this Contract in strict compliance
with applicable federal, state, and municipal laws, rules, statutes, charter provisions,
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
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ordinances, and regulations (including sections of the Occupational Safety and Health
Administration [OSHA] regulations, latest revised edition, providing for job safety and
health protection for workers) and all orders and decrees of bodies or tribunals applicable to
work under this Contract. Consultant shall protect and indemnify Town against any claim or
liability arising from or based on the violations of any such law, ordinance, regulation, order,
or decrees by itself or by its subcontractors, agents, or employees. Town assumes no duty to
insure that Consultant follows the safety regulations issued by OSHA.
15 PERMITS AND LICENSES: The Consultant shall secure all permits and licenses, pay all
charges, files, and taxes and give all notices necessary and incidental to the lawful
prosecution of its Services. Anyone conducting business in the Town of Estes Park is
required a business license which can be obtained from the Town Clerk’s Office.
16 PATENTED DEVICES, MATERIALS AND PROCESSES: The Consultant shall hold and
save harmless the Town from all claims for infringement, by reason of fee use of any
patented design, device, material, process, or trademark or copyright and shall indemnify the
Town for any costs, expenses, and damages, including court costs and attorney fees, incurred
by reason of actual or alleged infringement during the prosecution or after completion of
Services.
17 INSURANCE: Consultant shall, at its own costs, secure and continuously maintain through
the term of this Contract the minimum insurance coverages listed below, with forms and
insurers acceptable to Town. In addition, Consultant shall maintain such coverages for the
insurance listed in Paragraphs 17.1, 17.3 and 17.4 for two additional years. For any claims-
made policy, Consultant shall include the necessary retroactive dates and extended reporting
periods to maintain continuous coverage.
17.1 Professional Liability/Errors and Omissions for at least $1,000,000.
17.2 Workers' Compensation according to the Workers' Compensation Act of the State of
Colorado and Employer's Liability with limits of at least $500,000.
17.3 General liability, including contractual liability, of at least $1,000,000 per each
occurrence plus an additional amount adequate to pay related attorney's fees and
defense cost. Coverage shall include bodily injury, property damage, personal injury,
and contractual liability.
17.4 Comprehensive Automobile Liability with minimum limits for bodily injury and
property damage coverage of at least $1,000,000 per each occurrence plus an
additional amount adequate to pay related attorneys' fees and defense costs, for each
of Consultant's owned, hired or non-owned vehicles assigned to or used in
performance of this Contract.
17.5 Valuable Papers insurance in an amount adequate to assure the restoration of any
plans, drawings, field notes, or other similar data related to the services covered by
this Contract in case of their loss or destruction.
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TOWN OF ESTES PARK, COLORADO
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17.6 The required general liability and comprehensive automobile liability policies shall
contain endorsements to include Town and its officers and employees as additional
insureds. The required professional liability and workers’ compensation policies or
coverages shall not contain endorsements including the Town, its officers or
employees as additional insureds. Every policy required above shall be primary
insurance. Any insurance or self-insurance benefits carried by Town, its officers, or
its employees, shall be in excess and not contributory to that provided by Consultant.
17.7 Consultant shall, upon request, provide Town a certified copy of each required policy.
17.8 As evidence of the insurance coverages required by this Contract, before beginning
work under this Contract, Consultant shall furnish certificates of insurance certifying
that at least the minimum coverages required here are in effect and specifying the
liability coverages (except for professional liability) are written on an occurrence
form to:
Town of Estes Park
170 MacGregor Avenue
PO Box 1200
Estes Park, CO 80517
Attention: [INSERT TITLE OF DEPARTMENT CONTACT]
With the exception of professional liability and workers’ compensation, policy or
policies providing insurance as required will defend and include the Town, its Board,
officers, agents and employees as additional insureds on a primary basis for work
performed under or incidental to this Contract. Required insurance policies shall be
with companies qualified to do business in Colorado with a general policyholder’s
financial rating acceptable to the Town. The policies shall not be cancelable or subject
to reduction in coverage limits or other modification except after thirty days prior
written notice to the Town. General liability and automobile policies shall be for the
mutual and joint benefit and protection of the Consultant and the Town. These policies
shall provide that the Town, although named as an additional insured, shall
nevertheless be entitled to recover under said policies for any loss occasioned to it, its
officers, employees, and agents by reason of acts or omissions of the Consultant, its
officers, employees, agents, sub-consultants, or business invitees. They shall be
written as primary policies not contributing to and not in excess of coverage the Town
may carry.
17.9 If Consultant is self-insured under the laws of the State of Colorado, Consultant shall
provide appropriate declarations and evidence of coverage.
17.10 Consultant shall not cancel, change, or fail to renew required insurance coverages.
Consultant shall notify Town's designated person responsible for risk management of
any reduction or exhaustion of aggregate limits, which Town may deem to be a
breach of this Contract.
17.11 The Town relies on, and does not waive or intend to waive, by any provision of this
Contract, the monetary limitations or any other rights, immunities, and protections
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TOWN OF ESTES PARK, COLORADO
PROFESSIONAL SERVICES CONTRACT
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provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S.,
as from time to time amended, or otherwise available to the parties, their officers, or
their employees.
17.12 If any insurance required here is to be issued or renewed on a claims-made form as
opposed to the occurrence form, the retroactive date for coverage will be no later than
the commencement date of the project and will state that in the event of cancellation
or nonrenewal, the discovery period for insurance claims (tail coverage) will be at
least 72 months.
17.13 Consultant shall not cancel, non-renew or cause insurance to be materially changed or
replaced by another policy without prior approval by Town.
18 INDEMNIFICATION:
18.1 Consultant and its agents, principals, officers, partners, employees, and
subcontractors ("Indemnitors") shall and do agree to indemnify, protect, and hold
harmless the Town, its officers, employees, and agents ("Indemnitees") from all
claims, damages, losses, liens, causes of actions, suits, judgments, and expenses
(including attorneys’ fees), of any nature, kind, or description ("Liabilities") by any
third party arising out of, caused by, or resulting from any Services under this
Contract if such Liabilities are: (1) attributable to bodily injury, personal injury,
sickness, disease, or death of any person, or to the injury or destruction of any
tangible property (including resulting loss of use or consequential damages) and (2)
caused, in whole or in part, by any error, omission or negligent act of the Consultant,
anyone directly or indirectly employed by it, or anyone for whose acts Consultant
may be liable.
18.2 If more than one Indemnitor is liable for any error, omission or negligent act covered
by this Agreement, each such Indemnitor shall be jointly and severally liable to the
Indemnitees for indemnification and the Indemnitors may settle ultimate
responsibility among themselves for the loss and expense of any such indemnification
by separate proceedings and without jeopardy to any Indemnitee. This Agreement
shall not eliminate or reduce any other right to indemnification or other remedy the
Town, or any of the Indemnitees may have by law.
18.3 As part of this indemnity obligation, the Consultant shall compensate the Town for
any time the Town Attorney's Office and other counsel to the Town reasonably spend
on such claims or actions at the rates generally prevailing among private practitioners
in the Town of Estes Park for similar services. This obligation to indemnify the Town
shall survive the termination or expiration of this Agreement.
19 INDEPENDENT CONTRACTOR: Consultant shall perform all Services under this
Agreement as an independent contractor, and not as an agent or employee of Town. No
employee or official of Town shall supervise Consultant. Consultant shall exercise no
supervision over any employee or official of Town. Consultant shall not represent that it is
an employee or agent of the Town in any capacity. Consultant’s officers, employees and
agents are not entitled to Workers' Compensation benefits and is obligated to pay
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TOWN OF ESTES PARK, COLORADO
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federal and state income tax on money earned under this Agreement. Except as this
Agreement expressly states, Consultant shall, at its sole expense, supply all buildings,
equipment and materials, machinery, tools, superintendence, personnel, insurance and other
accessories and Services necessary. This Agreement is not exclusive; subject the terms of
this Agreement, Town and Consultant may each contract with other parties.
20 PROVISIONS CONSTRUED AS TO FAIR MEANING: Any tribunal enforcing this
Agreement shall construe its terms as to their fair meaning, and not for or against any party
based upon any attribution to either party.
21 HEADINGS FOR CONVENIENCE: All headings, captions and titles are for convenience
and reference only and of no meaning in the interpretation or effect of this Contract.
22 NO THIRD-PARTY BENEFICIARIES: The parties intend no third-party beneficiaries
under this Contract. Any person besides Town or Consultant receiving services or benefits
under this Agreement is an incidental beneficiary only.
23 TOWN’S RIGHT TO BAR PERSONNEL FROM WORK SITE: For conduct the Town (in
its sole discretion) decides may violate applicable laws, ordinances rules or regulations, or
may expose Town to liability or loss, Town may bar any person (including Consultant's and
subconsultants’ and subcontractors’ employees) from the Town's work sites. Such a bar shall
not require any employee's discharge from employment, but shall merely prohibit the
employee's presence at Town’s work sites. Such a bar shall not warrant an increase in
contract time or Price.
24 WAIVER: No waiver of any breach or default under this Agreement shall waive any other
or later breach or default.
25 TERM: This Contract shall commence on [Fill in the date contract begins, which can be "its
effective date", a specific date, or "the date specified in a forthcoming Notice to Proceed",
and press F11 to continue], and shall continue through [Fill in the date contract ends, press
F11 to continue] with the option of four (4) additional renewals, on an annual basis, upon
agreement of both parties.
26 TERMINATION:
26.1 In addition to any other available remedies, either party may terminate this Contract if
the other party fails to cure a specified default within seven (7) days of receiving
written notice of the default. The notice shall specify each such material breach, in
reasonable detail.
26.2 Town may, at any time, terminate performance of the work, in whole or in part, for its
own convenience. The Town may effect such termination by giving Consultant
written Notice of Termination specifying the extent and effective date of termination.
In case of termination, for convenience, Town shall pay Consultant for work
satisfactorily completed, to the date of termination. The Town shall determine the
portion of work completed.
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TOWN OF ESTES PARK, COLORADO
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26.3 If either party so terminates, the Consultant shall promptly deliver to the Town all
drawings, computer programs, computer input and output, analysis, plans,
photographic images, tests, maps, surveys and writer’s materials of any kind
generated in the performance of its Services under this Contract up to and including
the date of termination.
27 SUSPENSION: Without terminating or breaching this Contract, the Town may, at its
pleasure, suspend fee services of the Consultant hereunder. Town may effect suspension by
giving the Consultant written notice one (1) day in advance of the suspension date. Upon
receipt of such notices the Consultant shall cease their work as efficiently as possible, to
keep total charges to a minimum. The Town must specifically authorize any work performed
during suspension. Since suspension and subsequent reactivation may inconvenience the
Consultant, Town will endeavor to provide advance notice and minimize its use. After a
suspension has been in effect for thirty days, the Consultant may terminate this Contract at
will.
28 ASSIGNMENT AND DELEGATION: Except as stated, neither party may assign its rights
or delegate its duties under this Contract without the express written approval of the other.
29 SUBCONTRACTING: Except subconsultant clearly identified and accepted in the
Contractor's Proposal, Consultant may employ subconsultants to perform the Services only
with Town's express prior written approval. Consultant is solely responsible for any
compensation, insurance, and all clerical detail involved in employment of subconsultants.
30 GOVERNING LAW AND VENUE: The laws of the State of Colorado shall govern
enforcement and interpretation of this Contract. Venue and jurisdiction for any court action
filed regarding this agreement shall be only in Larimer County, Colorado.
31 AUTHORITY: This instrument forms a contract only when executed in writing by duly
authorized representatives of Town and Consultant. By their signatures on this document,
the signatories represent that they have actual authority to enter this Contract for the
respective parties.
32 INTEGRATION: There are no other agreements on the same subject than expressly stated or
incorporated in this Contract.
33 UNLAWFUL EMPLOYEES, CONTRACTORS AND SUBCONTRACTORS: Contractor
shall not knowingly employ or contract with an illegal alien to perform work under this
Contract. Contractor shall not knowingly contract with a subcontractor that (a) knowingly
employs or contracts with an illegal alien to perform work under this Contract or (b) fails to
certify to the Contractor that the subcontractor will not knowingly employ or contract with
an illegal alien to perform work under this Contract.
34 VERIFICATION REGARDING ILLEGAL ALIENS: Contractor has confirmed the
employment eligibility of all employees newly hired for employment to perform work under
this Contract through participation in either the E-verify program administered jointly by the
United States Department of Homeland Security and the Social Security Administration or
the employment verification program of the Colorado Department of Labor & Employment.
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35 LIMITATION REGARDING E-VERIFY PROGRAM: Contractor shall not use either E-
verify or Colorado Department of Labor & Employment program procedures to undertake
pre-employment screening of job applicants while performing this Contract.
36 DUTY TO TERMINATE A SUBCONTRACT; EXCEPTIONS: If Contractor obtains actual
knowledge that a subcontractor performing work under this Contract knowingly employs or
contracts with an illegal alien, the Contractor shall, unless the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted
with an illegal alien:
(a) notify the subcontractor and the Town within three (3) 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
notice that the Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien, the subcontractor does not stop employing or contracting
with the illegal alien.
37 DUTY TO COMPLY WITH STATE INVESTIGATION: Contractor shall comply with any
reasonable request of the Colorado Department of Labor and Employment made in the
course of an investigation pursuant to C.R.S. 8-17.5-102 (5).
38 DAMAGES FOR BREACH OF CONTRACT: In addition to any other legal or equitable
remedy the Town may be entitled to for a breach of this Contract, if the Town terminates
this Contract, in whole or in part, due to Contractor’s breach of any provision of this
Contract, Contractor shall be liable for actual and consequential damages to the Town.
Signature pages follow.
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CONSULTANT
Date
Title: _______________________________
ACKNOWLEDGMENT
STATE OF )
) ss
COUNTY OF )
The foregoing instrument was acknowledged before me this __________ day of
____________________, 2020, by ______________________________, as
_____________________________ of ______________________________, Consultant. (If by
natural person or persons, insert name or names; if by person acting in representative or official
capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other
capacity or description; if by officer of corporation, insert name of such officer or officers as the
President or other officers of such corporation, naming it.)
Witness my hand and official seal.
My Commission Expires .
Notary Public
72
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PROFESSIONAL SERVICES CONTRACT
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TOWN OF ESTES PARK:
Date
Title: _______________________________
State of )
) ss:
County of )
The foregoing instrument was acknowledged before me by [Type name of Town
Representative, then press f11 to proceed],as [Type title of Town Representative, then press f11
to proceed] of the Town of Estes Park, a Colorado municipal corporation, on behalf of the
corporation, this day of , 2020.
Witness my hand and official Seal.
My Commission expires .
Notary Public
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Consultant’s Proposal
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
Bid Documents
Fall River Trail
(RTP, LWCF, Harmony, RMNP)
Public Works Department
Advertisement Date: January 23, 2020
Bid Opening Date: February 13, 2020
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
TABLE OF CONTENTS
Invitation to Bid………………………………………………………………………………….3
CONTRACT DESCRIPTION…………………………………………………………….3
SCHEDULE OF ACTIVITIES..………………………………………………………….3
Instructions to Bidders…………………..………………………………………………………5
1.0 BID DOCUMENTS……………………………………………………………….5
2.0 BIDDER’S UNDERSTANDING…………………………………………………5
3.0 BID SUBMISSION……………………………………………………………….5
4.0 SIGNATURES………………………………………………….…………………6
5.0 REJECTION OF PROPOSAL………………………………….…………………6
6.0 METHOD OF PAYMENT…………………………………………….………….6
7.0 SUBCONTRACTS…………………………………………………….………….7
8.0 AWARD OF CONTRACT………………………………………………………..7
9.0 RESPONSE MATERIAL OWNERSHIP………………………………………...7
10.0 WARRANTY……………………………………………………………………..7
11.0 SCHEDULE……………………………………………………………………….7
12.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE……………………..7
13.0 SIGNING OF AGREEMENT…………………………………………………….7
Contract and Bonds
CONSTRUCTION CONTRACT…………………………………………………………8
PERFORMANCE AND PAYMENT BOND……………………………………………15
BID BOND………………………………………………………………………………17
UNIT PRICE BID SCHEDULE ……...…………………………………………………19
CONTRACTOR INFORMATION FORM……...………………………………………20
ACCEPTANCE OF FUEL COST ADJUSTMENTS…………………………………...23
General Conditions
GENERAL CONDITIONS…………………………………………………………...…24
Special Conditions
SPECIAL CONDITIONS………………………………………………………………..47
Special Provisions
STANDARD SPECIAL PROVISIONS………………………………………………….49
PROJECT SPECIAL PROVISIONS……………………………………………………..49
Construction Documents
PROJECT PLANS – FALL RIVER TRAIL
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INVITATION TO BID
The Town of Estes Park will only be accepting bids submitted electronically on the Rocky Mountain E-
Purchasing System (www.rockymountainbidsystem.com) until 2:00 P.M. (local MT), Thursday
February 13, 2020. At this time, bids will be publicly opened and read aloud to consider the construction
of the Fall River Trail (RTP, LWCF, Harmony, RMNP) project at the Public Works Office, 170
MacGregor Avenue, Room 100, Estes Park, Colorado 80517.
CONTRACT DESCRIPTION:
The scope of work for this project includes construction of several segments of Fall River Trail along
Fish Hatchery Road in Estes Park, as well as on Town-owned land (not adjacent to Fish Hatchery Road)
and within Rocky Mountain National Park (RMNP). This portion of Fall River Trail (about 1.1 miles
long by 10 feet wide) will be a colored concrete, ADA-accessible, multimodal trail with two pedestrian
bridges at river crossings and three smaller retaining walls near the Historic Fall River Hydroplant.
For financial tracking purposes, there will be 4 separate segments of trail: Town Segment 3 = Land and
Water Conservation Fund (LWCF); Town Segment 2A = Regional Transportation Program (RTP);
Harmony Foundation Segment (Harmony); and Rocky Mountain National Park Segment (RMNP,
ROMO). Each of these segments has a different funding source and therefore will be tracked separately
on Pay Applications and other documentation.
Work within RMNP will not be permitted when Aspenglen Campground is open, which will span from
May 21, 2020 to September 30, 2020. This portion of work for RMNP will have its own project timeline
and number of working days. RMNP has their own project special provisions which are shown through
General Notes in the plan sheets for the Park.
The bid documents are structured anticipating that all work within RMNP will be completed after
September 30, 2020. If the contractor is interested in completing the work within RMNP prior to May
21, 2020, the Town and RMNP will consider a change order proposal by the successful bidder after
award.
All bids shall be treated in accordance with the State of Colorado’s “Standard Specifications for Road
and Bridge Construction 2017.” All work performed shall additionally follow the specifications listed in
the Special Conditions, Standard Special Provisions, and Project Special Provisions.
Determination of successful bidder will be made on the basis of the lowest responsive, responsible Bid.
Preference may be given to contractors listed on the CDOT Prequalified Contractor Listing to ensure
that bidders have adequate experience with CDOT specifications and standards.
Contractors must be registered on SAM.gov
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PROPOSED SCHEDULE OF ACTIVITIES:
Invitation to Bid (ITB) Available January 23, 2020
Pre-Bid Meeting - Mandatory (10:00 A.M.) January 30, 2020
Deadline for Questions (5:00 P.M.) February 6, 2020
Final Addendum Issued February 10, 2020
Bid Opening (2:00 P.M.) February 13, 2020
Notice of Award February 14, 2020
Town Board Approval of Contract March 10, 2020
Pre-Construction Meeting March 12, 2020
Notice to Proceed TBD – March or June, 2020
Final Completion – Town Segment TBD – October 30, 2020
Final Completion – RMNP Segment TBD – October 30, 2020
ALL DATES ARE SUBJECT TO CHANGE.
A MANDATORY PRE-BID MEETING will be held at 10:00 a.m. January 30, 2020 at the Town
Hall, Room 202, 170 MacGregor Ave, Estes Park, CO.
Bids submitted in response to this request shall be for providing all professional construction services
necessary for executing roadway and trail construction work as described in this document. The Owner
reserves the right to accept any or reject any or all Bids as it may be deemed to be in its best interest.
The Owner reserves the right to waive any informalities or irregularities in the bidding.
LATE BIDS WILL NOT BE ACCEPTED OR CONSIDERED.
The Owner intends to give Notice of Award of bid within 30 days of bid opening. Notice of Award of
bid may be provided within 1 day of bid opening. Upon Notice of Award, the successful bidder agrees to
execute a Contract for the work and compensation in the Bid on the standard Owner/Contractor Contract
supplied herein within 5 days.
The Contractor shall name the Town of Estes Park and Rocky Mountain National Park as “additional
insured” on their General Liability and Automotive Liability policies.
Each bid must be accompanied by a Bid Guaranty consisting of a properly Certified Check, Cashier's
Check or Bid Bond, in the amount of five (5) percent of contractor's bid proposal, without conditions,
payable to Town of Estes Park. Bid Guaranties consisting of bid bonds will be retained by Town of
Estes Park. The Bid Guaranties consisting of Certified Checks and Cashier's Checks, accompanying the
three lowest responsive and responsible Bids may be held until a Notice of Award is issued, provided
the time from bid opening to Notice of Award does not exceed thirty days; the Bid Guaranties consisting
of Certified Checks and Cashier's Checks accompanying the other Bids will be returned promptly after
the opening of the bids and verification of the Bids.
The Town will verify that the bidder and any designated subcontractors have adequate equipment and
experienced personnel to perform the work within the contract time. Please complete the “Contractor
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Information Form” and include with submission of bid. Prior to award, the Town may require the
apparent low bidder to submit supplemental documentation and references to verify that the bidder and
any designated subcontractors have adequate equipment and experienced personnel to perform the work
within the contract time.
Town of Estes Park bid documents are available on the Rocky Mountain E-Purchasing System
(www.rockymountainbidsystem.com) as well as on the Town’s website at www.estes.org/RFP .
Interested bidders are responsible for verifying receipt of all applicable documentation, including any
associated addenda. The Town of Estes Park cannot guarantee accurate information obtained from
sources other than the Rocky Mountain E-Purchasing System (RMEPS).
Prospective bidders may make written inquiries by e-mail or through RMEPS before the written inquiry
deadline concerning this Bid to obtain clarification of requirements. There will be opportunity to make
inquiries during the pre-bid conference. No inquiries will be accepted after the deadline for questions.
Inquiries regarding this Bid should be referred to:
Ryan Barr
Town of Estes Park
Public Works Department
Estes Park, CO 80517
rbarr@estes.org
Response to bidders’ inquiries will be published as a modification/addendum on the Rocky Mountain
Bid System in a timely manner. Bidders cannot rely on any other statements that clarify or alter any
specification or other term or condition of the Bid.
Should any interested bidder, sales representative, or manufacturer find any part of the listed
specifications, terms and conditions to be discrepant, incomplete, or otherwise questionable in any
respect, it shall be the responsibility of the concerned party to notify the above contact person of such
matters immediately upon discovery.
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INSTRUCTIONS TO BIDDERS
1.0 BID DOCUMENTS
The following documents constitute the bid documents for this project. By submitting a bid, the bidder
certifies and represents that it has been furnished with all of the bid documents, is familiar with them,
and intends to be bound by them.
Furnished with Bid Packet:
Invitation to Bid Special Conditions
Instructions to Bidders Project Special Provisions
Construction Agreement Standard Special Provisions
Bid Schedule Drawings and Construction Plans
Bid Bond Contractor Information Form
Performance & Payment Bond FHWA Form 1273
General Conditions Federal Bid and Contract Provisions
2.0 BIDDER’S UNDERSTANDING
The bidder is responsible to be informed of, and the bidder awarded the contract shall comply with, all
federal, state, and local laws, statutes, and ordinances relative to the execution of the work. This
requirement includes, without limitation, applicable regulations concerning minimum wage rates,
nondiscrimination in the employment of labor, protection of public and employee safety and health,
permits, fees, and similar subjects.
The bidder is responsible to have inspected the site of the proposed work and to have become familiar
with the site layout and all site conditions, including subsurface soil conditions and materials and
obstructions that might affect the work. The bidder is presumed to have made adequate allowances
within the bid for all such conditions.
3.0 BID SUBMISSION
Each bid shall be carefully prepared using the bid schedule provided. Entries shall be typed using dark
black ribbon or legibly written in dark ink. All prices shall be stated in words and numbers except
where the form provides for numbers only. Use of the provided bid form in MS Excel spreadsheet
format is acceptable.
The bidder shall submit the following as its bid package:
a) A complete and signed bid schedule
b) A signed copy of each addendum issued
c) An appropriate Bid Guaranty in the amount of 5% of the bid value
d) A signed Contractor Information Form
e) Any other appropriate supplementary information
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4.0 SIGNATURES
The bidder shall sign the bid with the bidder’s usual signature and shall give the bidder’s full business
address.
Bids by partnerships shall be signed with the partnership name followed by the signature and
designation of one of the partners or other authorized representative. A complete list of partners shall be
included with the bid.
Bids by a corporation shall be signed in the official corporate name of the corporation, followed by the
signature and designation of the president, secretary, or other person authorized to bind the corporation
and shall display the corporate seal. The names of all persons signing should also be typed or printed
below the signature. Bidding corporations shall designate the state in which they are incorporated, the
address of their principal office, and the name and address of their agent for service of process.
A bid by a person who adds the word “president,” “secretary,” “agent,” or other designation without
disclosing the principal will be rejected.
The bidder’s name stated on the bid shall be the exact legal name of the firm.
5.0 REJECTION OF PROPOSAL: The Town of Estes Park Public Works Department reserves the right
to reject any or all proposals and to waive formalities and minor irregularities in proposals received if
deemed in the best interest of the Town to do so. If, in the judgment of the Town, the bids or proposals
are substantially equal, the Town Board may award the contract to a company located in the Estes
Valley or Larimer County. The total cost of bid preparation and submission shall be assumed by the
Contractor.
6.0 METHOD OF PAYMENT: In the event that a service is requested which is not listed on the Bid, the
Contractor, and the Town will negotiate an appropriate unit price for the service prior to any work being
done. Billing and payment cycles are as printed on the Annual Vendor Payment Schedule generated by
the Town’s Finance Department and based on a twice per month method. The amount of such payment
shall be based upon certified progress reports and billing covering the work performed and based upon
work completed. The invoice will be submitted to the Town representative, as identified above, for
approval. Payments will not exceed 95% until the project is completed and accepted by the Town.
7.0 SUBCONTRACTS: Upon the Town’s request, the bidder shall supply the Town with a list of all
subcontractors the bidder plans to employ to complete the project. The Town reserves the right to
disapprove the use of any or all subcontractors that, in the Town’s judgment, are not reasonably capable
of performing the work required.
8.0 AWARD OF CONTRACT: An Evaluation/Selection Committee composed of members of the Public
Works Department staff will evaluate all submitted bids. Determination of successful bidder will be
made on the basis of the lowest responsive, responsible Bid that is most advantageous to the Town.
Factors to be considered during bid evaluation will include: conformance to this document, price,
schedule, qualifications and capacity of firm and staff to perform the proposed work, projects of similar
scope and budget (regardless of owner agency), and previous Town projects and references. The
executed contract will be a Unit Price Not-To-Exceed type contract and the Town will generate a
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Purchase Order to reflect the contract value. Invoicing shall not exceed the contract without a previously
approved change order to the Contract.
9.0 RESPONSE MATERIAL OWNERSHIP: All material submitted regarding this bid becomes the
property of the Town and will only be returned to the Contractor at the Town’s option. The Town of
Estes Park has the right to use any or all ideas presented in reply to this bid. Disqualification of bidder
does not eliminate this right.
10.0 WARRANTY: A two-year warranty will be applied to this project.
11.0 SCHEDULE: The selected Contractor shall furnish a Construction Schedule at the Pre-Construction
meeting. The schedule shall be updated and reissued weekly and shall reflect actual job progress, delays
or gains of time and any rescheduling. The original schedule and each updating shall be furnished in 1
copy to the Owner. All costs for this scheduling shall be borne by the Contractor. Pay requests will not
be processed without such updates.
12.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE: All Bids shall remain open for sixty (60)
days after the day of the Bid opening, but Owner may, in his sole discretion, release any Bid and return
the Bid Security prior to that date.
13.0 SIGNING OF AGREEMENT: When Owner gives a Notice of Award to the Successful Bidder, within
five (5) days thereafter, Contractor shall deliver to Owner one set of the required Security Bonds and
Insurance forms and two fully signed sets of Contract Documents. No Agreement is binding upon the
Owner until it has been executed by the Owner and delivered to the Contractor.
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TOWN OF ESTES PARK
CONSTRUCTION AGREEMENT
THIS AGREEMENT is effective as of the day of , 2020 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:
Fall River Trail
[INSERT PROJECT SCOPE OF WORK]
Article 2. PROJECT MANAGER
The Project Manager shall be Ryan Barr, Public Works Department, Estes Park, Colorado, 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 Fall River Trail (RTP, LWCF, Harmony, RMNP) project shall be completed as follows:
Notice of Award
Town Board Approval
Pre-Construction Meeting
Notice to Proceed
No Work within Rocky Mountain National Park May 21 – September 30, 2020
Work prohibited unless otherwise approved:
o Memorial Day weekend (Friday May 22 – Monday May 25, 2020)
o Independence Day weekend (Friday July 3)
o Labor Day weekend (Friday September 4 – Monday September 7, 2020)
o Thanksgiving (Thursday November 26 – Friday November 27, 2020)
o Christmas Eve and Christmas Day (Thursday December 24 – Friday December 25, 2020)
o New Years Day (Friday January 1, 2020)
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The date of beginning and the time for completion of the Work are essential conditions of the Contract
Documents. The Contractor agrees to complete this project within 105 working days (Contract Time).
The contractor will proceed with the Work at such rate of progress to insure full completion within the
Contract Time. It is expressly understood and agreed, by and between the Contractor and the Owner,
that the Contract Time for the completion of the Work described herein is a reasonable time, taking into
consideration the average climate and economic conditions and other factors prevailing in the locality of
the Work. Adjustments in the completion date will be made for weather days, etc. as allowed in the
specifications.
If the Contractor shall fail to complete the Work within the Contract Time, or extension of time granted
by the Owner pursuant to a Change Order or approved weather day credits, then the Contractor will pay
to the Owner the amount for liquidated damages as specified in this Article.
The Contractor shall not be charged with liquidated damages or any excess cost when the delay in
completion of the Work is due to the following and the Contractor has promptly given Written Notice of
such delay to the Owner.
A. To any act of the Owner.
B. To foreseeable causes beyond the control and without the fault or negligence of the Contractor,
including but not restricted to, acts of God, or the public enemy, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unprecedented severe weather.
C. Provision for unusually severe weather is included within the specified construction period. No
further allowance for severe weather shall be made regardless of actual weather conditions, except for
adverse weather of unprecedented severity as determined by the Owner. Contractor shall assume
responsibility for adequate weather protection of work in progress and work in place, recognizing the
inclement weather typical of the mountain environment and the season of the year.
D. Any inconvenience or scheduling delays caused by the failure or neglect of any Subcontractor,
suppliers or material personnel shall not be considered as an unforeseeable cause beyond the control and
without the fault of the Contractor and further shall not be grounds for delay of the completion of the
Work.
The Owner shall have the right to deduct the amount of liquidated damages from any moneys due or to
become due to the Contractor, or to sue for and recover compensation from the Contractor and his
Surety.
Liquidated Damages
OWNER and CONTRACTOR recognize that time is of the essence of this Agreement, and that the
OWNER will suffer financial loss if the Work is not completed in accordance with the contract time set
forth in Article 3 of this Agreement. Further, the parties recognize that delays, expense and difficulties
in proving in a legal proceeding the actual losses or damages including special, indirect, consequential,
incidental and any other losses or damages suffered by OWNER if the Work is not completed as
required in Article 3 of this Agreement. Accordingly, and instead of requiring proof of such loss or
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damages, the parties agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR
shall pay OWNER $ [LD Value based on Contract Amount per CDOT Standard Specs 108.09]
for each calendar day that expires after the time specified in Article 3 of this Agreement for Final
Completion of the Work. By execution of this Agreement, the OWNER and CONTRACTOR expressly
agree that these liquidated damages amounts are reasonable under the circumstances existing at the time
this Agreement is executed.
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 and Final Payment in accordance with the
General Conditions.
Article 6. INTEREST
All moneys not paid when due as provided in 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 safety, high quality workmanship,
and timely completion of this project as illustrated by the plans, drawings, and specifications.
Contractors are required to comply with applicable federal, state, and local safety and health
laws, regulations and ordinances. If the contractor fails to provide documentation and
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certification as set forth in FHWA Form 1273, and any other requirements of the Agreement, the
contractor shall be specifically liable for any damages, including loss of reimbursement,
attributable to contractor’s failure to comply with the applicable regulations.
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 3) price quote;
totaling $ ________[INSERT VALUE HERE] that shall not be exceeded or increased, except
for contract changes allowed, agreed, and approved in writing by Change Order.
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.
7.10 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and
carefully studying) all examinations, investigations, explorations, tests, reports and studies which
pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may
affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers
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,; 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.
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Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work, may consist of all, or some, 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 Invitation to Bid
8.6 Instructions to Bidders
8.7 Special Conditions
8.8 General Conditions
8.9 Drawings bearing the titles: Fall River Trail, Fall River Extension Trail – Segment 2A & 3,
Harmony Foundation, Inc. – Pedestrian Bikepath, Fall River Trail Extension – Aspenglen
Connection (Rocky Mountain National Park) (not attached hereto)
8.10 Addenda (s).
8.11 Contractor’s Bid. (Bid Proposal, Price Quote, Bid sheet & Appendix)
8.12 Bid Bond
8.13 Performance & Payment Bond
8.14 Drawings, Plans, Details
8.15 CDOT Standard Specifications for Road and Bridge Construction (not attached hereto), Standard
Special Provisions, Project Special Provisions
8.16 Contractor Information Form
8.17 Documentation submitted by CONTRACTOR prior to Notice of Award.
8.18 Change Orders (post approval signatures)
8.19 Insurance Certificate, Business License, Tax Certification.
8.20 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).
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, Plans, Details
5. Project Special Provisions
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6. Special Conditions
7. Standard Special Provisions
8. General Conditions
9. CDOT Standards Specifications for Road and Bridge Construction
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 "Payment and Performance 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 sole 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 appropriated sufficient funds to pay the contract price. (Purchase Order
Number: XXXXXX)
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.
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IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate.
One counterpart each has been delivered to OWNER and CONTRACTOR. 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: __________________________
Title: Mayor 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
970-577-3575, rbarr@estes.org
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
PERFORMANCE AND PAYMENT BOND
Bond No.__________________
KNOW ALL MEN BY THESE PRESENTS that:
FIRM
ADDRESS
(an Individual), (a Partnership), (a Corporation), hereinafter called Principal; and
FIRM
ADDRESS
hereinafter called Surety, are held and firmly bound unto the Town of Estes Park, P.O. Box 1200, Estes
Park, Colorado, 80517, a Municipal Corporation, hereinafter called the Owner, in the penal sum of
Dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to
be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THESE OBLIGATIONS are such that whereas the Principal entered into a
certain Contract Agreement with the Owner, dated the day of , 20 , a copy of
which is hereto attached and made a part hereof for the performance of Town of Estes Park Project titled
.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the
undertakings, covenants, terms, conditions and agreements of said Contract Agreement during the
original term thereof, and any extensions thereof which may be granted by the Owner, with or without
Notice to the Surety and during the life of the guaranty period, and if he shall satisfy all claims and
demands incurred under such Contract Agreement, and shall fully indemnify and save harmless the
Owner from all cost and damages which it may suffer by reason of failure to do so, and shall reimburse
and repay the Owner all outlay and expense which the Owner may incur in making good any default, and
if he shall promptly make payment to all persons, firms, subcontractors and corporations furnishing
materials for or performing labor in the prosecution of the work provided for in such Contract Agreement,
and any authorized extension or modification thereof, including all amounts due for materials, lubricants,
repairs on construction of such work, and all insurance premiums on said work, and for all labor,
performed in such work whether by subcontractor or otherwise, then this obligation shall be void;
otherwise to remain in full force and effect.
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract Agreement or to the work to
be performed thereunder or the specifications accompanying the same shall in anywise affect its obligation
on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the Contract Agreement or to the work or to the specifications.
PROVIDED, FURTHER, that no final settlement between Owner and the Contractor shall abridge the
right of any beneficiary hereunder, whose claim may be unsatisfied.
IN WITNESS WHEREOF, this instrument is executed in three (2) counterparts, each one of which shall be
deemed an original, this the day of , 20____ .
IN PRESENCE OF: PRINCIPAL
BY
ADDRESS
(Corporate Seal) OTHER PARTNERS
(Surety Seal) SURETY
ATTORNEY IN FACT
ADDRESS
NOTE: Date of Bond must not be prior to date of Contract Agreement. If Contractor is partnership, all
partners should execute Bond.
IMPORTANT: Surety Company must be authorized to transact business in the State of Colorado and be
acceptable to the Owner.
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
TOWN OF ESTES PARK
PUBLIC WORKS DEPARTMENT
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, ,
as Principal, and , as Surety, are
hereby held and firmly bound unto the Town of Estes Park, Colorado, as Owner, in the penal sum
of for the payment of which, will and truly to be made, we hereby
jointly and severally bind ourselves, successors and assigns.
THE CONDITION of this obligation is such that whereas the Principal has submitted to the Town
of Estes Park, Colorado, the accompanying Bid Proposal, and hereby made a part hereof to enter
into a Contract Agreement for the construction of the following Town of Estes Park Project:
Fall River Trail (RTP, LWCF, Harmony, RMNP)
WHEREAS, the Owner, as a condition for receiving said Bid Proposal, requires the Principal to
deposit with the Owner a Bid Proposal Guaranty, equivalent to not less than Five (5) Percent of the
amount of said Bid Proposal.
NOW, THEREFORE,
a. If said Bid Proposal shall be rejected; or in the alternate,
b. If said Bid Proposal shall be accepted and the Principal shall execute and deliver a
Contract Agreement (properly completed in accordance with said Bid Proposal) and
shall furnish a Performance and Payment Bond upon the forms prescribed by the
Owner for the faithful performance of said Contract; and for the payment of all
persons performing labor of furnishing materials in connection therewith; and shall
in all other respects perform the agreement created by the acceptance of said Bid
Proposal;
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder
shall, in no event, exceed the penal amount of this obligation as therein stated.
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
The Surety, for value received, hereby stipulated and agrees that the obligations of said Surety and
its bond shall be in no way impaired or affected by any extension of the time within which the
Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, this
_______ day of ________________, 20___ and such of them as are corporations have caused their
corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day
and year first set forth above.
PRINCIPAL SURETY
Name:
Address:
By:
Attorney-in-fact:
Title
(SEAL) (SEAL)
Note: Surety Companies executing bonds must be authorized to transact business in the
State of Colorado and be acceptable to the Owner.
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
BID SCHEDULE
BIDDERS: INSERT UNIT PRICES IN THE EXCEL SPREADSHEET PROVIDED (Bid Schedule), PRINT
IT OUT, SIGN IT, AND INSERT THE BID SCHEDULE IN PLACE OF THIS PLACEHOLDER PAGE.
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
CONTRACTOR INFORMATION FORM
Company Name:
Proposed for Fall River Trail Superintendent:
Project Manager: Foremen:
1) Project Name and Location:
Project Year: Completion Date:
Contractor Project Staff (Super, Foremen, PM):
Subcontractors:
Agency Project Manager (PM) Name & Agency:
Agency PM Email: Agency PM Phone:
Work Performed:
*Low bidders may be asked to provide tabular description of work performed, to include
work items performed, project quantities, unit prices, and total cost.
2) Project Name and Location:
Project Year: Completion Date:
Contractor Project Staff (Super, Foremen, PM):
Subcontractors:
Agency Project Manager (PM) Name & Agency:
Agency PM Email: Agency PM Phone:
Work Performed:
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
3) Project Name and Location:
Project Year: Completion Date:
Contractor Project Staff (Super, Foremen, PM):
Subcontractors:
Agency Project Manager (PM) Name & Agency:
Agency PM Email: Agency PM Phone:
Work Performed:
4) Project Name and Location:
Project Year: Completion Date:
Contractor Project Staff (Super, Foremen, PM):
Subcontractors:
Agency Project Manager (PM) Name & Agency:
Agency PM Email: Agency PM Phone:
Work Performed:
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
5) Current Work Under Contract:
Code Project Cost Owner Start Finish Work Description
A
B
C
D
E
F
G
H
I
J
SIGNATURE: DATE:
FIRM:
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FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.General
II. Nondiscrimination
III. Nonsegregated Facilities
IV.Davis-Bacon and Related Act Provisions
V.Contract Work Hours and Safety Standards Act
Provisions
VI.Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII.False Statements Concerning Highway Projects
IX.Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I.GENERAL
1.Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, lower-tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
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this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3.Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d.Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a.The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b.In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c.The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a.The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d.The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
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applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c.The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a.The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b.The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c.The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d.In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a.The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b.The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10.Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT’s U.S. DOT-approved DBE program are incorporated by
reference.
b.The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11.Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a.The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b.The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
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will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
Not applicable per CPW
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will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d.If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a.Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
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(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH–347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
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d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V.CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
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VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
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"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X.CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c.The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d.The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e.The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f.The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g.The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h.A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
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i.Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2.Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. “First Tier Covered Transactions”
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant”
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
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department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
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ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5.The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
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BID AND CONTRACT PROVISIONS FOR NON-FEDERAL ENTITIES UNDER
FEDERAL AWARDS
The following federal regulations are as applicable for the federal funds received for this work
including Department of Interior National Park Service and Department of Transportation
Federal Highway Administration. Where applicable, these provisions appl y to the Town, prime
contractor and the prime’s subcontracts. Includes provisions from 2CFR Part 200, Appendix II.
(A) In addition to other provisions required by the Federal agency, the State and/or the Town, all
contracts made by the Town under the Federal award must contain provisions covering the
following, as applicable. (A) Contracts for more than the simplified acquisition threshold
currently set at $250,000, which must address administrative, contractual, or legal remedies
in instances where contractors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate.
(B) All contracts must address termination for cause and for convenience by the Town
including the manner by which it will be effected and the basis for settlement.
(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of “federally assisted construction contract”, 3 must include the
equal opportunity clause.
(D) The contracts must include a provision for compliance with the Copeland “Anti-Kickback”
Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
“Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in
Part by Loans or Grants from the United States”). The Act provides that each contractor must be
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The Town must report all suspected or reported violations to the Federal awarding
agency.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701–3708). Where
applicable, all contracts awarded by the Town in excess of $100,000 that involve the employment
of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704,
as supplemented by Department of Labor regulations (29 CFR Part 5). Under this Act, each
contractor must be required to compute the wages of every mechanic and laborer on the basis of
a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic
rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40
U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be
required to work in surroundings or under working conditions which are unsanitary, hazardous or
dangerous. These requirements do not apply to the purchases of supplies or materials or articles
ordinarily available on the open market, or contracts for transportation or transmission of
intelligence.
(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient wishes to enter
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into a contract with a small business firm or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that
“funding agreement,” the recipient must comply with the requirements of 37 CFR Part 401, and
any implementing regulations issued by the awarding agency.
(G) Clean Air Act (42 U.S.C. 7401–7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251–1387), as amended. Contracts in excess of $250,000 must contain a provision that
requires the contractor to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution
Control Act as amended (33 U.S.C. 1251–1387). Violations must be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
(H) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and Conservation
Act (42 U.S.C. 6201).
(I) Debarment and Suspension (Executive Orders 12549 and 12689). A contract award must
not be made to parties listed on the government-wide Excluded Parties List System in the System
for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part
1989 Comp., p. 235), “Debarment and Suspension.” The Excluded Parties List System in SAM
contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order
12549. All contractors and subcontractors must be registered on SAM.gov.
(J) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award of $100,000 or more must certifies that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any Federal contract, grant or
any other award. Each contractor must disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award.
(K) 200.322 Procurement of recovered materials. The Town and its contractors must comply
with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act. The requirements of Section 6002 include procuring only items designated in
guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the
highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the
quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste
management services in a manner that maximizes energy and resource recovery; and establishing
an affirmative procurement program for procurement of recovered materials identified in the
EPA guidelines.
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(L) Architectural Barriers Act (ABA) of 1968. The ABA stands as the first measure by
Congress to ensure access to the built environment for people with disabilities. The ABA is
enforced through standards for accessible design.
(M) Buy America Steel and Iron. All manufacturing processes, including the application of a
coating, for all steel and iron products permanently incorporated in the work shall have occurred
in the United States of America. All manufacturing processes are defined as “processes required
to change the raw ore or scrap metal into the finished, in-place steel or iron product”. This
requirement will not prevent a minimal use of foreign steel or iron provided the total project
delivered cost of all such steel and iron which includes the cost of delivering the steel and iron to
the project, does not exceed one-tenth of one percent of the total contract cost or $2,500,
whichever is greater. If there is any foreign steel or iron permanently incorporated into the
project the Contractor shall provide documentation of the project delivered cost of that foreign
steel or iron.
The Contractor shall maintain on file certifications that every process, including the application
of a coating, performed on steel or iron products either has or has not been carried out in the
United States of America. This certification applies to every iron or steel product that requires
pre-inspection, pretesting, certified test results, or a certificate of compliance. The Contractor
shall obtain such a certification from each supplier, distributor, fabricator, and manufacturer that
has handled each steel or iron product. These certifications shall create a chain of custody trail
that includes every supplier, distributor, fabricator, and manufacturer that handles the steel or
iron product. The lack of these certifications will be justification for rejection of the steel or iron
product.
The Contractor shall maintain a document summarizing the date and quantity of all steel and iron
material delivered to the project. The document shall show the pay item, quantity of material
delivered to the project, along with the quantity of material installed by the cutoff date for the
monthly progress payment. The summary shall also reconcile the pay item quantities to the
submitted Buy America certifications. The Contractor shall also maintain documentation of the
project delivered cost of all foreign steel or iron permanently incorporated into the project. Both
documents shall be submitted to the Project Engineer within five days of the cutoff date for the
monthly progress payment. A monthly summary shall be submitted even if no steel or iron
products are incorporated into the project during the month. The summary document does not
relieve the Contractor of providing the necessary Buy America certifications of steel and or iron
prior to permanent incorporation into the project.
The Town shall be allowed access to this documentation upon request. Prior to the permanent
incorporation into the project of steel or iron products the Contractor shall certify in writing that
the documentation is on file and the steel or iron products are in compliance with this
requirement
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GENERAL CONDITIONS
1.0 CONTRACT DOCUMENTS
It is understood and agreed that the bid documents, the Contractor’s bid, any addenda and change orders
issued by the Town, and all drawings, construction plans, specifications, and engineering data furnished
by the Contractor and accepted by the Town are included in the contract, and the Contractor warrants that
the work will strictly conform to the requirements therewith.
2.0 DEFINITIONS
Words, phrases, or other expressions used in these Contract Documents shall have meanings as follows:
“Contract” shall mean the construction contract, which incorporates all of the contract documents by
reference therein.
“Contract documents” shall mean those documents set forth in Article 8 of the Contract.
“Town” or “Owner” shall mean the Town of Estes Park, Colorado and its duly authorized agents. All
notices, letters, and other communication directed to the Town shall be addressed and delivered to the
Town as specified in the Special Conditions.
“Contractor” shall mean the corporation, company, partnership, firm, other legal business entity or
individual so named and designated in the contract and its or their duly authorized representatives.
“Subcontractor” shall mean and refer only to a corporation, partnership, other legal business entity or
individual having a direct contract with the Contractor for performing work at the job site.
“Day” or “days” shall mean a calendar day.
“Work” shall mean the equipment, supplies, materials, labor, and services to be furnished under the
Contract and the carrying out of all obligations imposed by the contract documents.
“Drawings” and “construction plans” shall include all of the following: (a) drawings furnished by the
Town as a basis for bids; (b) supplementary drawings furnished by the Town to clarify and to define in
greater detail the intent of the contract drawings and specifications; (c) drawings submitted by the
Contractor with its bid, provided such drawings are acceptable to the Town; (d) drawings furnished by the
Town to the Contractor during the progress of the work; and (e) engineering data and drawings submitted
by the Contractor during the progress of the work provided such drawings are acceptable to the Town.
“Substantial completion,” “substantially complete,” or “substantially completed” shall mean the date
when the construction is sufficiently complete, in the Town’s judgment, in accordan ce with the contract
and the contract documents, as modified by any change orders agreed to by the Town, so that the work or
designated portion thereof is available for use by the Town.
“Inspector,” “representative,” “construction observer,” “observer,” “engineer,” and similar terms mean
the person or persons designated by the Town to monitor the progress of the work on behalf of the Town.
Wherever in the contract documents the words “as ordered,” “as directed,” “as required,” “as permitted,”
“as allowed,” or words or phrases of like effect and import are used, it shall be understood that the order,
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
direction, requirement, permission, or allowance of the Town is intended only to the extent of judging
compliance with the terms of the contract; none of these terms shall imply that the Town has authority or
responsibility for supervision of the Contractor’s forces or construction operations, such supervision and
the sole responsibility therefore being strictly reserved for the Contractor.
Similarly, the words “approved,” “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or
words of like effect and import, unless otherwise particularly specified herein, shall mean approved,
reasonable, suitable, acceptable, proper, or satisfactory in the sole judgment of the Town.
Wherever in the contract documents the expression “it is understood and agreed” or an expression of like
import is used, such expression shall mean the mutual understanding and agreement of the parties
executing the contract.
“Official acceptance” shall mean the Town’s written acceptance of all work performed under the contract
based on final inspection and issuance of a final payment certificate.
3.0 EXECUTION OF CONTRACT
Two (2) copies of the contract and the performance and payments bonds will be prepared by the Town. If
required by the bonding agency in writing, a third copy of the contract and the performance and payment
bonds will be prepared by the Town. The copies will be submitted to the Contractor, who shall execute
the Contract, insert executed copies of the required performance and payment bonds, power of attorney,
and insurance certificates and submit all copies to the Town. The date of contract on the contract and
performance and payment bonds shall be left blank for filling in by the Town. The certification date on
the power of attorney shall also be left blank for filling in by the Town. The Town will execute all
copies, insert the date of contract on the contract, performance and payment bonds, and power of attorney,
retain one (1) copy, and distribute the remaining copy/copies to the Contractor.
4.0 LEGAL ADDRESSES
All notices, letters, and other communication to the Contractor shall be mailed or delivered to either the
Contractor’s business address listed in the bid or the Contractor’s office in the vicinity of the work, with
delivery to either of these addresses being deemed as delivery to the Contractor. The address of the Town
is hereby designated as the place to which all notices, letters, and other communication to the Town shall
be mailed or delivered as identified in the special conditions.
5.0 SCOPE AND INTENT OF CONTRACT DOCUMENTS
The specifications and drawings are intended to supplement but not necessarily duplicate each other. Any
work exhibited in the one and not in the other shall be executed as if it had been set forth in both so that
the work will be constructed according to the complete design as determined by the Town.
Should anything necessary for a clear understanding of the work be omitted from the specifications and
drawings, or should the requirements appear to be in conflict, the Contractor shall secure written
instructions from the Town before proceeding with the work affected thereby. Any detail that appears on
one page of the drawings shall be as if it appears on all sections within the set of drawings. It is
understood and agreed that the work shall be performed according to the true intent of the contract
documents.
6.0 INDEPENDENT CONTRACTOR
The Town hereby retains the Contractor for the Project to perform the services on the terms and
conditions specified in the Contract Documents, and the Contractor agrees so to serve. The parties agree
that the Contractor shall be an independent contractor and shall not be an employee of the Town. The
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Contractor, as an independent contractor, is not entitled to workers’ compensation benefits and
unemployment insurance benefits, and the Contractor is obligated to pay federal and state income tax on
any monies earned pursuant to the contract relationship.
7.0 ASSIGNMENT AND SUBCONTRACTING
The Contractor shall not assign by power of attorney or otherwise any of the money payable under this
Contract unless prior written consent of the Town has been obtained. No right under this Contract, nor
claim for any money due or to become due hereunder, shall be asserted against the Town or persons
acting for the Town by reason of any so-called assignment of the Contract, or any part thereof, unless
such assignment has been authorized by the prior written consent of the Town. In case the Contractor is
permitted to assign monies due or to become due under this Contract, the instrument of assignment shall
contain a clause subordinating the claim of the assignee to all prior liens for services rendered or materials
supplied for the performance of the work.
The Town reserves the right to disapprove the use of any or all subcontractors, which, in the Town’s
opinion, are not reasonably capable of performing the work required.
Should any subcontractor fail to perform in a satisfactory manner the work undertaken, the subcontractor
shall be immediately terminated by the Contractor upon notice from the Town. The Contractor shall be as
fully responsible and accountable to the Town for the acts and omissions of subcontractors and of persons
either directly or indirectly employed by the Contractor. Nothing contained in the Contract shall create
any contractual relationship between any subcontractor and the Town.
8.0 ORAL STATEMENTS
It is understood and agreed that the written terms and provisions of this Contract shall supersede all oral
statements of representatives of the Town, and oral statements shall not be effective or construed as being
a part of this Contract.
9.0 REFERENCE STANDARDS
Reference to the standards of any technical society, organization, or association or to codes of local or
state authorities shall mean the latest standard, code, specification, or tentative standard adopted and
published at the date of taking bids unless specifically stated otherwise.
10.0 OWNER’S DRAWINGS AND SPECIFICATIONS
The Contractor will be furnished up to five (5) sets of all drawings, including revisions thereto, and up to
five (5) copies of the specifications without charge.
11.0 CONTRACTOR TO CHECK DRAWINGS AND LISTS
The Contractor shall check all dimensions, elevations, and quantities indicated on the drawings and lists
furnished to it by the Town. The Contractor shall notify the Town of any discrepancy between the
drawings and the conditions at the site or any error or omission in drawings or in the layout as given by
stakes, points, or instructions which the Contractor may discover in the course of the work. The
Contractor shall not be allowed to take advantage of any error or omission in the drawings or Contract
Documents. Full instructions shall be furnished by the Town upon discovery of such error or omission,
and the Contractor shall carry out such instructions as if originally specified.
12.0 FIGURED DIMENSIONS TO GOVERN
Dimensions and elevations indicated on the drawings shall be accurately followed even though different
from scaled measurements. No work indicated on the drawings, the dimensions of which are not
indicated, shall be executed until necessary dimensions have been obtained from the Town.
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13.0 PROJECT MANAGEMENT
The coordination of all field construction shall be under the direction of the Contractor, who shall be
responsible for coordinating work between various subcontractors and resolving any conflicts between
subcontractors regarding scheduling or coordination.
The time of completion is of the essence of the Contract, and the Contractor shall be responsible for
performing the work in accordance with the specified construction schedule. If at any time the
Contractor’s work is behind schedule, the Contractor shall increase f orces, work overtime, or otherwise
accelerate operations to comply with the schedule and shall put into effect definite procedures for getting
the work back on schedule. The proposed procedures shall be subject to the Town’s approval or
modification. The procedures adopted shall be put into effect immediately. The Contractor will not be
allowed extra compensation for costs incurred because of additional regular or premium time or of
additional mobilization of equipment required to keep its work on schedule.
14.0 NO WAIVER OF RIGHTS
Neither the inspection by the Town or any of its officials, employees, or agents, nor any order by the
Town for payment of money, or any payment for, or acceptance of, the whole or any part of the work by
the Town, nor any extension of time, nor any possession taken by the Town or its employees shall operate
as a waiver of any provision of the Contract, or of any power herein reserved to the Town, or any right to
damages herein provided, nor shall any waiver of any breach in the Contract be held to be a waiver of any
other or subsequent breach.
15.0 CONSTRUCTION OBSERVATION
The Town may appoint such inspectors as the Town deems proper to observe the materials furnished and
the work performed for compliance with the drawings and specifications. The Contractor shall furnish all
reasonable assistance required by the inspectors for the proper observation of the work. Should the
Contractor object to any order given by any inspector, the Contractor may make written appeal to the
Town for a decision.
Inspectors shall have the authority to reject work that is unsatisfactory, faulty, defective, or does not
conform to the requirements of the drawings and specifications. Observation shall not relieve the
Contractor from any obligation to construct the work strictly in accordance with the drawings and
specifications. Work not so constructed shall be removed and replaced by the Contractor at its own
expense.
16.0 FIELD RECORDS
The Contractor shall maintain at the site office current copies of all drawings, specifications, and other
Contract Documents and supplementary data, complete with latest revisions thereto. In addition, the
Contractor shall maintain a continuous record of all field changes and, at the conclusion of work, shall
incorporate all such changes on the drawings and other engineering data and shall submit the required
number of copies thereof to the Town.
17.0 CONTRACTOR’S SUPERVISION AT THE SITE
The Contractor shall furnish adequate management, supervisory, and technical personnel on the site to
ensure expeditious and competent handling of the work. A superintendent experienced in construction of
the type specified and who is a permanent member of the Contractor’s organization shall be a resident at
the Project throughout the construction. The superintendent shall be fully authorized to act for the
Contractor and to receive whatever orders or notices may be given for the proper prosecution of the work.
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The Contractor’s field organization shall include an experienced staff of qualified technical personnel to
handle on-site engineering, planning, and direction of all fieldwork.
The Contractor shall be responsible for complete supervision and control of its subcontractors as though
they were its own forces. Notice to the Contractor shall be considered notice to any affected
subcontractor.
18.0 CONTRACTOR’S OFFICE
During the performance of the Contract, the Contractor shall maintain a suitable office, which shall be
headquarters of a representative authorized to receive drawings, instructions, or other communication or
articles. Any communication given to the said representative or delivered to the Contractor’s office in its
absence shall be deemed to have been delivered to the Contractor.
Copies of items listed under Section 16.0, “FIELD RECORDS,” shall be kept at the Contractor’s office at
the site of the work, available for use at all times.
19.0 RELATIONS WITH OTHER CONTRACTORS
The Contractor shall cooperate with all other contractors who may be performing work on behalf of the
Town and workers who may be employed by the Town in the vicinity of the work under the Contract and
shall conduct operations to minimize interference with the work of such contractors or workers. The
Contractor shall promptly make good, at the Contractor’s own expense, any injury or damage that may be
sustained by other contractors or employees of the Town at the Contractor’s hands. Any difference or
conflict that may arise between the Contractor and other contractors shall be resolved as determined by
the Town. If the work of the Contractor is delayed because of any acts or omissions of any other
contractor, the Contractor shall have no claim against the Town on that account other than an extension of
time.
If any part of the Contractor’s work is dependent upon the quality and completeness of work performed
under another contract, the Contractor shall inspect the other contractor’s work and promptly report
defects therein which render such work unsuitable for the proper execution of the work under this
Contract. Failure to report such defects to the Town shall constitute the Contractor’s acceptance of such
work as suitable to receive the Contractor’s work; provided, however, that the Contractor shall not be
responsible for defects which develop after such inspection and which could not have been reasonably
detected or foreseen.
20.0 METHODS OF FIELD OPERATION
The Contractor shall inform the Town in advance as to the Contractor’s plans for carrying out each part of
the fieldwork. Review by the Town of any plan or method of work proposed by the Contractor shall not
relieve the Contractor of any responsibility therefor, and such review shall not be considered as an
assumption of any risk or liability by the Town or any officer, agent, or employee thereof. The
Contractor shall have no claim because of the failure or inefficiency of any plan or method so reviewed.
Any method of work suggested by the Town, but not specified, shall be used at the risk and responsibility
of the Contractor, and the Town shall have no responsibility therefor. The Contractor alone shall be
responsible for the safety, adequacy, and efficiency of the plan, equipment, and methods.
The Contractor shall comply with all applicable requirements of federal, state, and local codes and of all
other authorities having jurisdiction over its work.
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The Contractor shall be solely and completely responsible for conditions related to Contractor’s work
including safety of all persons and property during performance of the work. This requirement will apply
continuously and not be limited to normal working hours. The Town shall not be responsible for
reviewing the adequacy of the Contractor’s safety measures in, on, or near the construction site, and the
Contractor shall be solely responsible for the adequacy of such measures.
21.0 LINES AND GRADES
All work shall be done to the lines, grades, and elevations indicated on the drawings. The Contractor
shall provide suitable equipment and competent workers who shall locate and lay out the work.
The Contractor shall provide experienced instrument survey personnel, competent assistants, and such
instruments, tools, stakes, and other materials required to complete survey, layout, and measurement
work. In addition, the Contractor shall furnish, without charge, competent persons and such tools, stakes
and other materials as the Town may reasonably require in establishing or designating control points, in
establishing construction easement boundaries, or in checking survey layout and measurement work
performed by the Contractor.
Basic horizontal and vertical control points will be established or designated by the Town. These points
shall be used as datum for work under this Contract.
The Contractor shall keep the Town informed, within a reasonable time not less than two (2) working
days in advance of the times and places at which the Contractor wishes to do work, so that any checking
of horizontal and vertical control points deemed necessary by the Town may be done with minimum
inconvenience to the Town and minimum delay to the Contractor.
Any work done without being properly located may be ordered removed and replaced at the Contractor’s
expense.
22.0 PRESERVATION OF MONUMENTS AND STAKES
The Contractor shall carefully preserve all monuments, benchmarks, property pins, reference points, and
stakes. The Contractor shall be charged with the expense of replacement of any such items destroyed and
shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or
benchmarks which must be removed or disturbed shall be protected until they can be properly referenced
for relocation. The Contractor shall furnish materials and assistance for the proper replacement of such
monuments or benchmarks, but actual replacement shall be done by a licensed surveyor.
23.0 PROTECTION OF PROPERTY AND PUBLIC LIABILITY FOR DAMAGES
The Contractor shall be accountable for any damages resulting from its operations. The Contractor shall
be fully responsible for the protection of all persons including members of the public, employees of the
Town, and employees of other contractors or subcontractors, and all public and private property.
The Contractor is responsible for any damage to existing structures, work materials, or equipment
resulting from the Contractor’s operations and shall repair or replace any damaged structures, work
materials, or equipment to the satisfaction of, and at no additional cost to, the Town.
The Contractor is responsible for all damage to streets, roads, curbs, sidewalks, highways, shoulders,
ditches, embankments, culverts, bridges, or other public or private property that may be caused by
transporting equipment, materials, or personnel to or from work. The Contractor shall make satisfactory
and acceptable arrangements with the agency having jurisdiction over the damaged property concerning
its repair or replacement.
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The Contractor shall give reasonable advance notice to the owners of public or private property and
utilities when such property and utilities are susceptible to injury, damage, or restricted access through the
performance of the work and shall make all necessary arrangements with such owners relative to the
removal and replacement or protection of such property or utilities. The Contractor shall provide such
advance notice in a manner acceptable to the Town.
24.0 EMERGENCY PROTECTION
Whenever, in the opinion of the Town, the Contractor has not taken sufficient precaution for the safety of
the public or the protection of the work to be constructed under the Contract or of adjacent structures or
property, and whenever, in the opinion of the Town, an emergency has arisen and immediate action is
considered necessary, then the Town, with or without notice to the Contractor, may provide suitable
protection by causing work to be done and material to be furnished and placed. The cost of such work
and material shall be borne by the Contractor and, if the same is not paid on presentation of the bills
therefore, such costs may be deducted from any amounts due or to become due the Contractor. The
performance of such emergency work shall not relieve the Contractor of responsibility for any damage
that may occur.
25.0 FORCE MAJEURE
Notwithstanding anything contained herein to the contrary, in the event and to the extent that fire, flood,
earthquake, natural catastrophe, explosion, accident, riot, terrorist attack, war, illegality, or any other
cause beyond the control of the parties hereto prevents or delays performance by either party, such party
shall be relieved of the consequences thereof without liability, so long as and to the extent that
performance is prevented by such cause; provided, however, that such party shall exercise due diligence
in its efforts to resume performance as soon as practicable.
26.0 CHARACTER OF WORKERS
The Contractor shall employ only workers who are competent to perform the work assigned to them and,
in the case of skilled labor, who are adequately trained and experienced in their respective trades and who
do satisfactory work.
27.0 PREFERENCE IN EMPLOYMENT OF COLORADO LABOR
The Contractor hereby covenants and agrees that, pursuant to C.R.S. § 8-17-101, Colorado labor shall be
employed to perform the work to the extent of not less than eighty percent (80%) of each type or class of
labor in the several classifications of skilled and common labor employed on the Project or public works.
“Colorado labor” shall mean any person who is a resident of the state of Colorado at the time of
employment, without discrimination as to race, color, creed, sex, age, or religion except when sex or age
is a bona fide occupational qualification.
28.0 INSURANCE REQUIREMENTS
The Contractor agrees to procure and maintain, at its own cost, the following policy or policies of insurance.
The Contractor shall not be relieved of any liability, claims, demands, or other obligations by reason of its
failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in
sufficient amounts, durations, or types. The Contractor shall procure and maintain the minimum insurance
coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable
to the Owner. All coverages shall be continuously maintained from the date of commencement of services
under the Contract Documents. In the case of any claims-made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
(1) Workers’ Compensation insurance to cover obligations imposed by the Workers’
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Compensation Act of Colorado and any other applicable laws for each employee engaged in
the performance of Work under this Agreement, and Employers’ Liability insurance with
minimum limits of Five Hundred Thousand Dollars ($500,000) each accident, Five Hundred
Thousand Dollars ($500,000) disease – policy limit, and Five Hundred Thousand Dollars
($500,000) disease – each employee.
(2) Commercial General Liability Insurance with minimum combined single limits of One
Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000)
aggregate. The policy shall be applicable to all premises and operations. The policy shall
include coverage for bodily injury, broad form property damage (including complete
operations), personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy shall
contain a severability of interests provision.
(3) Commercial Automobile Liability insurance with a minimum combined single limits for
bodily injury and property damage of not less than One Million Dollars ($1,000,000) each
occurrence with respect to each of Contractor’s owned, hired and/or non-owned vehicles
assigned to or used in performance of the services. The policy shall contain a severability of
interests provision. The policy shall include coverage for uninsured/underinsured motorists.
The policies required above, except for the Workers’ Compensation insurance and Employers’ Liability
insurance, shall include or be endorsed to include the Owner, its officers and employees, as additional
insureds. Every policy required above shall be primary insurance, and any insurance carried by the Owner,
its officers, or its employees, shall be excess and not contributory insurance to that provided by Contractor.
The additional insured coverage for the insurance required above shall not contain any exclusion for bodily
injury or property damage arising from completed operations. The Contractor shall be solely responsible for
any deductible losses under each of the policies required above.
Certificates of insurance shall be completed by Contractor’s insurance agent as evidence that policies
providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be
subject to review and approval by the Owner. Each certificate shall identify the Contract Documents and
shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially
changed until at least 30 days prior written notice has been given to the Owner. The Owner reserves the right
to request and receive a certified copy of any policy and any endorsement thereto.
Failure on the part of Contractor to procure or maintain policies providing the required coverages, conditions,
and minimum limits shall constitute a material breach of contract upon which the Owner may immediately
terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting
period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the
Owner shall be repaid by Contractor to the Owner upon demand, or the Owner may offset the cost of the
premiums against any monies due to Contractor from the Owner.
.
28.1 Builder’s Risk
If specified in the Special Conditions, the Contractor shall procure and keep in force during the duration
of the Contract a Builder’s Risk policy to protect the Town and the Contractor against risks of damage to
buildings, structures, materials, and equipment. Perils shall include, but not be limited to, fire, lightning,
vandalism, and malicious mischief. The amount of such insurance shall be not less than the insurable
value of the work at completion or as specified in the Special Conditions.
Builder’s Risk insurance shall provide for losses to be payable to the Contractor and the Town as their
interests may appear and shall contain a waiver of subrogation rights against the insured parties.
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28.2 Owner’s Protective Liability
If specified in the Special Conditions, the Contractor shall procure and keep in force during the duration
of the Contract a policy of Owner’s Protective Liability insurance showing the Town as Named Insured.
Coverages shall remain in effect until the work is accepted by the Town and shall be written for limits of
a minimum of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000)
annual aggregate. The Contractor shall evidence coverages initially with an insurance binder, with the
actual insurance policy submitted to the Town within thirty (30) days of the effective date. The
Contractor shall be responsible for purchasing additional insurance coverage if the Two Million Dollar
($2,000,000) aggregate is exhausted before the Project is completed.
28.3 Insurance Policies
Insurance required shall be with companies qualified to do business in the State of Colorado with a
general policyholder’s financial rating of not less than A+3A as set forth in the most current edition of
“Best’s Insurance Reports” and may provide for deductible amounts as the Contractor may deem to be
reasonable for the Project, but in no event greater than Twenty Thousand Dollars ($20,000). No such
policies shall be cancelable or subject to reduction in coverage limits or other modification except after
thirty (30) days prior written notice to the Town. However, where cancellation of coverage is due to
nonpayment of premium, a ten (10) day written notice to the Town is required. The Contractor shall not
do or permit to be done anything that shall invalidate the insurance policies referred to in this Section 28.
All insurance policies provided herein shall be issued in the names of the Contractor and the Town.
Such policies shall be for the mutual and joint benefit and protection of the Contractor and the Town. All
policies shall contain a provision that the Town, although named as an Additional Insured, shall
nevertheless be entitled to recovery under said policies for any loss occasioned to it, its servants, agents,
citizens, and employees by reason of negligence of the Contractor. All policies shall be written as
primary policies not contributing to or in excess of coverage that the Town may carry.
The Contractor shall furnish certificates evidencing required insurance coverage to the Town. Such
certificates shall be in a form acceptable to the Town.
29.0 INDEMNITY
The Contractor hereby covenants and agrees to indemnify, defend, save, and hold harmless the Town
from any and all liability, loss, costs, charges, penalties, obligations, expenses, attorney’s fees, litig ation,
judgments, damages, claims, and demands of any kind whatsoever in connection with, arising out of, or
by any reason of any violation of the Contract or of any law, ordinance, or regulation by the Contractor,
the Contractor’s agents, employees, servants, subcontractors, or business invitees, or by reason of any
injury or damage however occurring to any person or persons whomever (including the Contractor, the
Contractor’s agents, employees, servants, subcontractors, or business invitees) or to propert y of any kind
whatsoever and to whomever belonging (including the Contractor, the Contractor’s agents, employees,
servants, subcontractor, or business invitees), or from any cause or causes whatsoever while in, upon,
about, or in any way connected with the Project or any portion thereof during the term of the Contract.
The Contractor hereby assumes all risk and damage to property or injury to persons in, upon, or about the
Project arising from any cause, and the Contractor hereby waives all claims in respect thereof against the
Town.
30.0 RELEASE OF LIABILITY
Acceptance by the Contractor of the last payment shall be a release to the Town and every officer and
agent thereof from all claims and liability hereunder for anything done or furnished for or relating to the
work or for any act or neglect of the Town or of any person relating to or affecting the work.
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31.0 CLAIMS FOR LABOR AND MATERIALS
The Contractor shall indemnify, defend, save, and hold harmless the Town from all claims for labor and
materials furnished under the Contract. When requested by the Town, the Contractor shall submit
satisfactory evidence that all persons, firms, or corporations who have done work or furnished materials
under the Contract for which the Town may become legally liable have been fully paid or satisfactorily
secured. In case such evidence is not furnished or is not satisfactory, an amount will be retained from
money due the Contractor that in addition to any other sums which may be retained will be sufficient in
the opinion of the Town to liquidate all such claims. Such amount will be retained until the claims as
aforesaid are fully settled or satisfactorily secured.
Before final acceptance of the work by the Town, the Contractor may be required to submit to the Town a
notarized and sworn affidavit stating that all subcontractors, vendors, persons, or firms who have
furnished labor or materials for the work have been fully paid and that all taxes have been paid.
32.0 RIGHT OF TOWN TO TERMINATE CONTRACT
32.1 For Default
If the work to be done under the Contract is abandoned by the Contractor, or if the Contract is assigned
without the written consent of the Town, or if the Contractor is named in proceedings in bankruptcy or for
reorganization, or if a general assignment of assets is made for the benefit of creditors, or if a receiver is
appointed for the Contractor or any of the Contractor’s property, or if at any time the Town certifies that
the performance of the work under the Contract is being unnecessarily delayed, the Contractor is violating
any of the conditions of the Contract, or the Contractor is executing the same in bad faith or otherwise not
in accordance with the terms of said Contract, or if, in the judgment of the Town, the work will not be or
cannot be substantially completed within the time named for its completion or within the time to which
such completion date may be extended, then the Town may serve written notice upon the Contractor and
the Contractor’s surety of the Town’s intention to terminate this Contract. Unless within five (5) days
after the serving of such notice a satisfactory arrangement is made for continuance, this Contract shall
terminate at 12:01 a.m. on the sixth calendar day following service of said notice. In the event of such
termination, the surety shall have the right to take over and complete the work provided that if the surety
does not (a) within ten (10) days affirm in writing its intention to take over and complete the work, and
(b) within thirty (30) days commence performance, the Town may take over and prosecute the work to
completion by contract or otherwise. The Contractor and the surety shall be liable to the Town for all
excess cost sustained by the Town by reason of such prosecution and completion. The Town may take
possession of and utilize in completing the work all materials, equipment, tools, and plant on the site of
the work. Any termination for default, which shall be determined to be improper or unwarranted in any
respect, shall be deemed to be a termination for convenience as provided in Paragraph 32.2, “For
Convenience,” below.
32.2 For Convenience
The performance of work under the Contract may be terminated by the Town in accordance with this
Paragraph in whole or from time-to-time in part whenever the Town shall determine that such termination
is in the best interest of the Town. Any such termination shall be effected by delivery to the Contractor of
a Notice of Termination specifying the extent to which performance of work under the Contract is
terminated and the date upon when such termination becomes effective. Upon termination for
convenience, the Town shall be liable for the Contractor’s unit price for the work then performed if a unit
price contract, or for the value of the work completed, if a lump-sum contract, but shall not be liable for
the Contractor’s anticipated profits on the work terminated.
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33.0 BEGINNING, PROGRESS, AND COMPLETION OF THE WORK
The time of completion is of the essence of the Contract. The work shall be prosecuted to completion in
accordance with the schedule stipulated in the Contract subject to adjustment as provided in the Contract
Documents.
A detailed construction schedule shall be prepared by the Contractor and submitted to the Town for
review on or before the date of the preconstruction conference. This schedule shall be approved before
performing any work that will affect public traffic. The schedule shall contain the various activities
required to perform the work and the dates the activities will be started and completed in order to
complete the work in accordance with the specified schedule requirements. The Contractor is responsible
for determining the sequence and time estimates of the detailed construction activities. However, the
Town reserves the right to require the Contractor to modify any portion of the schedule the Town
determines to be impracticable or unreasonable as required to coordinate the Contractor’s activities with
those of other contractors, if any, engaged in work for the Town on the site, to avoid undue interference
with the Town’s operations, and/or to ensure completion of the work by the date or dates stipulated.
Upon acceptance by the Town of the Contractor’s detailed construction schedule, the Contractor shall be
responsible for maintaining such schedule.
If at any time the Contractor’s work is behind schedule, the Contractor shall immediately put into effect
definite procedures for getting the work back on schedule. The procedures shall be subject to review and
modification by the Town. The Contractor shall not be allowed extra compensation for costs incurred
because of accelerated operations required to maintain the schedule.
34.0 UNFAVORABLE CONSTRUCTION CONDITIONS
During periods of unfavorable weather, wet grounds, or other unsuitable construction conditions, the
Contractor shall confine operations to work that will not be affected adversely thereby. No portion of the
work shall be constructed under conditions that would affect adversely the quality or efficiency thereof
unless special means or precautions are taken by the Contractor to perform the work in a proper and
satisfactory manner.
35.0 HINDRANCES AND DELAYS
The Contractor expressly agrees that the construction period stated in the Contract includes allowance for
all hindrances and delays incident to the work. The Contractor further agrees that no claims shall be
made for hindrances and delays from any cause during the performance of the work except as specifically
provided for in Section 36.0, “SUSPENSION OF WORK,” and Section 37.0, “EXTENSIONS OF
TIME,” below.
36.0 SUSPENSION OF WORK
The Town reserves the right to suspend and reinstate execution of the whole or any part of the work
without invalidating the provisions of the Contract. Orders for suspension or reinstatement of work shall
be issued by the Town to the Contractor in writing. The time for completion of the work shall be
extended for a period equal to the time lost by reason of the suspension.
Extra costs and expenses that are caused by work suspensions ordered by the Town shall be paid by the
Town to the Contractor.
37.0 EXTENSIONS OF TIME
Should the Contractor be delayed in the final completion of the work by any act or neglect of the Town,
by any other contractor employed by the Town, or by strike, fire, or other cause outside of the control of
the Contractor and which could have been neither anticipated nor avoided, then an extension of time
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sufficient to compensate for the delay will be granted by the Town provided that the Contractor gives the
Town prompt notice in writing of the cause of delay in each case and demonstrates that it has used all
reasonable means to minimize the delay. No damages shall be payable for any delay not due to an act or
neglect of the Town or an employee of the Town.
Unless approved in writing by the Town, extensions of time will not be granted for delays caused by
unsuitable ground conditions, inadequate construction force, or the failure of the Contractor to place
orders for equipment or materials sufficiently in advance to ensure delivery when needed, or unfavorable
weather.
Failure of Town -furnished equipment and materials to arrive as scheduled or failure of other construction
contractors to meet their schedule shall not be justification for an extension of time except where such
failure causes, in the opinion of the Town, an actual delay in the Contractor’s work.
38.0 REJECTED WORK AND MATERIALS
The Contractor, upon written notice from the Town, shall remove from the premises all work and
materials rejected as defective, unsound, improper, or in any way failing to conform to the requirements
of the Contract Documents. The Contractor shall, at Contractor’s sole expense, make good all work
damaged by such removal and shall promptly replace materials damaged or improperly worked and re-
execute or replace the work of any other contractor that is in any way affected by the removal of the
defective work. The obligations of the Contractor under this Section shall not extend to defective
materials or equipment supplied by the Town.
If the Contractor does not remove rejected work and materials within ten (10) days after written notice,
the Town may remove and replace such work and materials at the expense of the Contractor. If the Town
prefers to accept work that is not in accordance with the requirements of the Contract Documents, the
Town may do so instead of requiring its removal and correction, in which case the Contract amount will
be reduced as appropriate and equitable.
39.0 PLACING WORK IN SERVICE
If desired by the Town, portions of the work may be placed in service when completed, and the
Contractor shall provide proper access for this purpose. Such use and operation shall not constitute an
acceptance of the work, and the Contractor shall be liable for defects due to faulty construction
throughout the duration of the Contract and thereafter as provided under Section 64.0, “GUARANTEE,”
below.
40.0 CLEANLINESS
The Contractor shall give special attention to keeping the work site clean and free from trash and debris.
Trash, debris, and waste materials shall not be allowed to accumulate, but shall be regularly removed
from the site and disposed of by and at the Contractor’s expense.
Promptly upon completion of the construction work, all Contractor-owned facilities, materials, and
construction plant shall be removed from the site.
41.0 SECURITY
The Contractor shall be responsible for all materials and equipment in the Contractor’s custody or placed
in construction by the Contractor. Security methods shall be employed by the Contractor as required to
ensure the protection of all materials, equipment, and construction work from theft, vandalism, fire, and
all other damage and loss.
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42.0 CONSTRUCTION AREA LIMIT
Prior to beginning any removal or construction, the Contractor shall meet with the appropriate Town
representative to clearly define the limits of work. Any and all work performed beyond the limits so
defined or before such limits are defined by the Town shall be at the sole expense of the Contractor and
without compensation from the Town.
43.0 PROTECTION OF WORK
The Contractor shall be solely responsible for the protection of the work until its final acceptance by the
Town.
The Contractor shall have no claim against the Town because of any damage or loss to the Contractor’s
work and shall be responsible for the complete restoration of damaged work to its original condition
complying with specifications and drawings.
In the event the Contractor’s work is damaged by another party not under the Contractor’s supervision or
control, the Contractor shall make claim directly with the party involved. If a conflict or disagreement
develops between the Contractor and one of the other contractors concerning the responsibility for
damage or loss to the Contractor’s work, the conflict shall be resolved as provided under Section 19.0,
“RELATIONS WITH OTHER CONTRACTORS,” above. Such conflict shall not be cause for delay in
the restoration of the damaged work. The Contractor shall restore the work immediately and the cost
thereof will be assigned pending the resolution of the conflict.
44.0 REPAIR OF DAMAGES
The Contractor shall immediately repair any damage that results from this construction or abnormal use,
including damage done to existing facilities. All such repair work shall be acceptable to the Town.
45.0 TESTING
The Town may require testing to satisfy itself of compliance with the Contract. This testing may be
performed by an independent testing laboratory acceptable to the Town. All initial test costs shall be paid
by the Town unless otherwise stated in the Contract. All re-tests on account of failed tests shall be paid
by the Contractor.
46.0 COOPERATION WITH THE TOWN
The performance of construction work that affects the operation of the Town’s utility systems shall be
scheduled to be performed only at times acceptable to the Town.
In the event that it is necessary to either interrupt or to impose abnormal operating conditions on any
Town utility system, such procedure must be acceptable to the Town and a complete understanding and
agreement must be reached by all parties concerned well in advance of the time scheduled for such
operation, and such understanding shall be definite as to date, time of day, and length of time required.
All work shall be scheduled to suit the Town’s convenience taking into consideration the facilities and
requirements at all times during construction.
The Contractor shall be responsible for paying all regular and premium time labor costs arising from the
necessity to perform work that affects the Town’s system facilities at times other than regular working
hours.
47.0 MODIFICATIONS
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The Contractor shall modify the work whenever so ordered by the Town, and such modifications shall not
affect the validity of the Contract. Modifications may involve increases or decreases in the amount of the
work for which appropriate contract price adjustment shall be made
Except for minor changes that involve no contract price adjustment, all modifications shall be made under
the authority of duly executed change orders issued and signed by the Town and accepted and signed by
the Contractor.
47.1 Change of Contract Price
The contract price constitutes the total compensation payable to the Contractor for performing the work.
All duties, responsibilities, and obligations assigned to or undertaken by the Contractor shall be at
Contractor’s expense without change in the contract price.
The contract price may be changed only by a change order. If the Contractor is entitled by the Contract
Documents to make a claim for an increase in the contract price, the claim shall be made in writing and
delivered to the Town within ten (10) days of the occurrence of the event giving rise to the claim. Any
change in the contract price resulting from any such claim shall be incorporated in a change order.
The value of any work covered by a change order or any claim for an increase or decrease in the contract
price shall be determined in one of the following ways: (a) where the work involved is covered by lump-
sum adjustment prices contained in the Contract Documents, by application of such prices to the
quantities of items involved; or if not so covered, then (b) by the unit prices contained in the Contract
Documents; or if none, then (c) by mutual acceptance of a lump-sum; or if no agreement is reached, then
(d) by cost plus fifteen percent (15%) for overhead and profit. In such case, the Contractor shall submit,
in a form prescribed by the Town, an itemized cost breakdown together with supporting data.
The amount of credit to be allowed by the Contractor to the Town for any such change that results in a net
decrease in cost will be the amount of the actual net decrease as determined by the Town. When both
additions and credits are involved in any one change, the combined overhead and profit shall be figured
on the basis of the net increase, if any.
47.2 Changes in the Work
Without invalidating the Contract, the Town may at any time or from time-to-time order additions,
deletions, or revisions in the work, which additions, deletions, or revisions shall be authorized by change
orders. Upon receipt of a change order, the Contractor shall proceed with the work involved. All such
work shall be executed under the applicable conditions of the Contract Documents. If any change order
causes an increase or decrease in the contract price or an extension or shortening of the contract time, a
corresponding adjustment shall be made.
Additional work performed by the Contractor without authorization of a change order shall not entitle the
Contractor to an increase in the contract price or an extension of the contract time, except in the case of an
emergency as deemed warranted by the Town.
It is the Contractor’s responsibility to notify the surety of any changes affecting the general scope of the
work or change in the contract price, and the amount of the applicable bonds shall be adjusted
accordingly. The Contractor shall furnish proof of such adjustments to the Town.
47.3 No Modification Without Appropriation
No Change Order or other form of order or directive by the Town requiring additional compensable work
to be performed, which order or directive causes the aggregate amount payable under the Contract to
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exceed the amount appropriated or to be appropriated, in the case of payments to be made in more than
one calendar year, for the original contract, shall be issued unless the Contractor is given written
assurance that lawful appropriations have been made or will be made to cover the costs of the additional
work.
47.4 Reimbursement for Additional Directed Work
For any Change Order or other form of order or directive by the Town requiring additional compensable
work to be performed, the Town shall reimburse the Contractor for the Contractor’s costs on a periodic
basis for all additional directed work performed until a Change Order is finalized. For the purposes of
this section, “periodic basis” shall mean at least monthly. In no instance shall the periodic reimbursement
be required before the Contractor has submitted an estimate of cost to the Town for the additional
compensable work to be performed.
48.0 LAWS AND REGULATIONS
The Contractor shall observe and comply with all federal, state, and local ordinances, laws, codes, and
regulations and all other applicable requirements of authorities having jurisdiction over the work,
including the Federal “Safety and Health Regulations for Construction,” and shall protect and indemnify
the Town and the Town’s officers and agents, including its engineers, against any claim or liability arising
from or based upon any failure or alleged failure of the Contractor to comply with the same.
49.0 TAXES, PERMITS, AND LICENSES
All sales to the Town in its governmental capacity only shall be exempt from sales and use tax pursuant to
C.R.S. § 39-26-704. The Contractor may apply with the Department of Revenue, Sales Tax for an
exemption certificate pursuant to and purchase the materials for incorporation in this Project tax-free
pursuant to C.R.S. § 39-26-708.
It shall be the responsibility of the Contractor to obtain all licenses, permits, and inspections required for
the work. The Town shall pay for such licenses and permits separate and apart from the Contract.
50.0 PATENTS
Royalties and fees for patents covering materials, articles, apparatus, devices, equipment, or processes
used in the work shall be included in the Contract price. The Contractor shall satisfy all demands that
may be made at any time for such royalties or fees and shall be liable for any damages or claims for
patent infringements. The Contractor shall, at the Contractor’s own cost and expense, defend all suits or
proceedings that may be instituted against the Town for alleged infringement of any patents involved in
the work and, in case of an award of damages, the Contractor shall pay such award regardless of the
amount or nature of such award. Final payment to the Contractor by the Town shall not be made while
any such suit or claim remains unsettled.
51.0 MATERIALS AND EQUIPMENT
Unless specifically provided otherwise in each case, all materials and equipment furnished for permanent
installation in the work shall conform to applicable standard specifications and shall be new, unused, and
undamaged when installed or otherwise incorporated in the work. No such material or equipment shall be
used by the Contractor for any purpose other than that intended or specified unless such use is specifically
authorized by the Town in each case.
Unless stated otherwise in the Contract Documents, all required tests in connection with acceptance of
source of materials or other specification compliance shall be made at the Contractor ’s expense by a
properly-equipped laboratory of established reputation whose work and testing facilities are acceptable to
the Town. Any change in origin or method of preparation or manufacture of a material being routinely
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tested will require new tests. Reports of all tests shall be furnished to the Town in as many copies as
required.
52.0 LOCAL SUPPLIERS AND SUBCONTRACTORS
The Contractor shall purchase materials from local suppliers and award subcontracts to local
subcontractors whenever feasible.
53.0 CONSTRUCTION PLANT AND TEMPORARY FACILITIES
The Contractor shall furnish all construction plant, utilities, and temporary facilities and all materials,
equipment, and supplies required for prosecution of the work but that will not be incorporated in the
completed work.
54.0 RECEIVING, HANDLING, AND STORAGE
The Contractor shall receive (from carriers or from the Town’s warehouse), check, unload, handle, and
store all materials and equipment to be incorporated in the construction under these specifications.
The Contractor shall be responsible for the prompt unloading of materials and equipment and shall pay
any demurrage.
The Contractor shall provide all storage facilities. Storage areas on the site shall be limited to those areas
so designated by the Town.
55.0 RIGHTS-OF-WAY
The Town will obtain all permanent right-of-way easements and location agreements required for
construction of the work. Temporary permits shall be furnished by the Contractor including, without
limitation, right-of-way work permit(s), which may be issued only to licensed contractors.
The Contractor shall confine operations to the immediate construction area and shall use due care in
placing construction tools, equipment, excavated materials, and construction materials and supplies so as
to cause the least possible damage to the property. At the conclusion of the work, all temporary
structures, access roads outside the rights-of-way, and other facilities incidental to the new construction
shall be removed, and the site shall be restored to its original condition.
56.0 USE OF PRIVATE AND TOWN PROPERTY
56.1 Use of Private Property
The Contractor shall comply with all the limitations and provisions of the Town’s easements and
agreements. The Contractor shall examine these easements and agreements before beginning the work
and shall comply with all provisions thereof. The Contractor shall enter proposed rights-of-way only after
the Town notifies the Contractor that easements and/or agreements of the specific section of line have
been obtained. Problems involving rights-of-way shall be immediately reported to the Town.
In those cases where the Contractor finds it necessary to enter upon, travel across, or otherwise use
privately-owned land outside of the rights of such land acquired by the Town in its right-of-way
agreements, the Contractor shall make all necessary arrangements or agreements with the landowners
involved for such right of entry and use of their property. The Contractor shall obtain a written agreement
from each property owner and tenant setting forth the Contractor’s right of entry and use of the property,
and a copy of each such agreement shall be filed with the Town. The Contractor shall fulfill each
agreement and, at the conclusion of the work and before final payment, shall obtain an executed release
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from each agreement signed by the respective property owner and tenant. A copy of the release shall be
filed with the Town before final payment will be made for the work.
Whenever the right-of-way is occupied by crops which may be damaged by construction operations, the
Contractor shall notify the property owner and tenant sufficiently in advance so that the crops may be
removed before work is started. The Contractor shall be responsible for all damage to crops located
outside the right-of-way limits and shall make satisfactory settlement for any damage directly with the
property owner and tenant involved.
56.2 Use of Town Property
The Contractor may be permitted to use available land belonging to the Town on or near the site of the
work for construction purposes and for the storage of material and equipment. The location and extent of
the areas so used shall be as designated by the Town.
The Contractor shall be solely responsible for obtaining and shall pay all costs in connection with any
additional work area, storage sites, access to the site, or temporary right-of-way that may be required for
proper completion of the work.
The responsibility for protection and safekeeping of equipment and materials on or near the site is entirely
that of the Contractor, and no claim shall be made against the Town by reason of any act of an employee
or trespasser. It shall be further understood that should any occasion arise necessitating access to the sites
occupied by these stored materials and equipment, the Contractor shall immediately move same. No
materials or equipment may be placed upon the Town’s property until the Town has agreed to the location
contemplated by the Contractor to be used for storage.
The Contractor shall not use or operate any water valves, hydrants, switches, traffic control boxes, or any
other Town -owned facilities or utilities of any kind without the written consent of the project manager.
All fire hydrants and water control valves shall be kept free from obstruction and available for use at all
times.
57.0 PROTECTION OF PUBLIC AND PRIVATE PROPERTY
The Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains,
and other underground construction uncovered or otherwise affected by the construction work performed
by the Contractor. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires,
fences, and other surface structures affected by construction operations together with all sod and shrubs in
yards and parking shall be restored to their original condition whether within or outside the easement. All
replacements shall be made with new materials.
No trees shall be removed outside of the permanent easement except where authorized by the Town.
Whenever practicable, the Contractor shall tunnel beneath trees in yards and parking when on or near the
line of trench. Hand excavation shall be employed as necessary to prevent injury to trees. Trees left
standing shall be adequately protected against damage by construction operations.
The Contractor shall be responsible for all damage to streets, roads, highways, shoulder, ditches,
embankments, culverts, bridges, and other public or private property, regardless of location or character,
which may be caused by transporting equipment, materials, or personnel to or from the work or any part
or site thereof, whether by the Contractor or the Contractor’s subcontractors. The Contractor shall make
satisfactory and acceptable arrangements with the owner, agency, or authority having jurisdiction over the
damaged property concerning its repair or replacement or payment of costs incurred in connection with
the damage.
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All existing fences which interfere with the construction operations shall be maintained by the Contractor
until the completion of the work affected thereby unless written permission is obtained from the owner of
the fence to leave the fence dismantled for an agreed period of time. Where fences must be maintained
across the construction easement, adequate gates shall be installed. Gates shall be kept closed and locked
at all times when not in use.
On completion of the work across any tract of land, the Contractor shall restore all fences to their original
or better condition.
58.0 MAINTENANCE OF TRAFFIC
The Contractor is required to maintain access to all private drives throughout the contract period for the
Project.
The Contractor shall erect, maintain, and remove all barricades, traffic control signs, and devices
necessary for any lane closure including detour signs. All such barricades and traffic control signs and
devices shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and
Highways published by U.S. Department of Transportation, Federal Highway Administration and as
directed by the engineer.
The Contractor shall be responsible for ensuring that all work sites are properly cleaned and barricaded
prior to the completion of the day’s activities. A barricading plan shall be submitted to the Town at least
two (2) working days prior to performing any work affecting public traffic.
59.0 UNDERGROUND INSTALLATIONS
Existing underground installations such as water mains, gas mains, sewers, telephone lines, power lines,
and buried structures in the vicinity of the work to be done hereunder are indicated on the drawings only
to the extent such information has been made available to or discovered by the Town in preparing the
drawings. There is no guarantee as to the accuracy or completeness of such information, and all
responsibility for the accuracy and completeness thereof is expressly disclaimed.
The Contractor shall be solely responsible for locating all existing underground installations, including
service connections, in advance of excavating or trenching, by contacting the owners thereof and
prospecting. The Contractor shall be required to contact the Utility Notification Center of Colorado
(UNCC) at 1-800-922-1987 or 811 at least two (2) working days prior to beginning excavation in the area
of UNCC-registered lines to have those utility locations marked by member companies. All other utility
lines are to be located by contacting the respective representative. Utility service laterals are also to be
located prior to beginning excavation. The Contractor shall use the Contractor’s own information and
shall not rely upon any information indicated on the drawings concerning existing underground
installations.
Any delay, additional work, or extra cost to the Contractor caused by existing underground installations
shall not constitute a claim for extra work, additional payment, or damages.
60.0 FINAL CLEAN UP AND GRADING
It is the intent of these specifications that at the end of construction work, all holes, ruts, settlements, and
depressions resulting from the work be filled and graded to match elevations of adjacent surfaces, and all
areas disturbed by construction shall be restored to their original condition to the maximum extent
practicable and as acceptable to the Town.
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61.0 DUST CONTROL
The Contractor shall be responsible for the abatement and control of dust produced as a result of the
Contract. All reasonable measures shall be taken by the Contractor, entirely at the Contractor’s own
expense, to control dust. This shall include dust control efforts when deemed necessary by the Town on
weekends, holidays, and other time during the contract period when fugitive dust may be a problem.
62.0 NOISE CONTROL
Construction machinery and vehicles shall be equipped with practical sound muffling devices and
operated in a manner to cause the least noise consistent with efficient performance of the work.
63.0 POLLUTION CONTROL
The Contractor shall prevent pollution by sanitary wastes, sediment, debris, and other substances resulting
from construction activities by preventing sediment, debris, or other substances from entering water
systems, sanitary sewers, storm drains, and culverts and by retaining all spent oils, hydraulic fluids, and
other petroleum fluids in containers for disposal off the site.
64.0 GUARANTEE
The Contractor shall guarantee the construction equipment, materials, and workmanship furnished under
the Contract to be as specified and to be free from defects for a period of two (2) years after the date of
final payment. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from
defects in design.
Upon notification, the Contractor shall promptly make all adjustments, repairs, or replacements which, in
the opinion of the Town, arose out of defects and became necessary during the guarantee period.
The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for
replacement or repair of parts and for correction of defects shall be paid by the Contractor or the surety.
This guarantee shall be extended to cover all repairs and replacements furnished under the guarantee, and
the period of the guarantee for each such repair or replacement shall be one (1) year after installation or
completion. The Contractor’s guarantee shall not be construed as a waiver by the Town of the relevant
statute of limitations and statute of repose periods.
If within ten (10) days after the Town has notified the Contractor of a defect, failure, or abnormality in the
work the Contractor has not started to make the necessary repairs or adjustments, the Town is hereby
authorized to make the repairs or adjustments or to order the work to be done by a third party, with the
cost of such work to be paid by the Contractor or the surety.
In the event of an emergency where, in the sole judgment of the Town, delay would cause serious loss or
damage, repairs or adjustments may be made by the Town or a third party chosen by the Town without
advance notice to the Contractor, with the cost of such work to be paid by the Contractor or the surety.
65.0 FINAL INSPECTION
When the work has been substantially completed and at a time mutually agreeable to the Town and
Contractor, the Town shall make an inspection of the work. If, based upon such inspection, the Town
determines that the work is complete, it shall accept the work, and the running of time for completion
shall stop. Notwithstanding such acceptance, the Town may retain such amounts as it deems necessary to
compel completion of any punch list items. The Town may, after five (5) days notice to the Contractor,
complete the punch list items itself and charge the Contractor for all costs incurred therefor, together with
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the amount necessary to compensate the Town for its additional costs, time, and effort. The Town may
deduct such amounts from any retainage, and the Contractor shall pay the Town any deficiency.
66.0 CONTRACTOR’S PRICE BREAKDOWN
For lump-sum projects, the Contractor shall prepare and submit to the Town for review a breakdown of
the contract price according to the system of accounts provided by the Town. The Contractor’s price
breakdown shall be reviewed and accepted by the Town before any payments are made under the
Contract. Each invoice submitted for payment shall be prepared in accordance with the price breakdown
accepted by the Town.
An unbalanced breakdown estimate providing for overpayment of the Contractor on items of work which
would be performed first will not be acceptable.
67.0 ESTIMATES AND PAYMENTS
Not later than the first day of each month, the contractor shall make an estimate of the value of the work
completed and of unused materials stored on the site. The estimated cost of repairing, replacing, or
rebuilding any part of the work or replacing materials that do not conform to the drawings and
specifications will be deducted from the estimated value.
Not later than the first day of each month, the Contractor shall furnish to the Town an invoice for
completed work and materials purchased for the Project and stored on the site. If the estimate is
acceptable to the Town, the Town shall pay the Contractor by the last day of the month. Retainage shall
be held on all contracts of $100,000 or more at a rate of five percent (5%) of each progress payment. The
Town shall hold retainage until the contract is completed satisfactorily and finally accepted, and shall
release retainage in accordance with state law.
68.0 APPROPRIATION
To the extent the Contract constitutes a multiple fiscal year debt or financial obligation of the Town, it
shall be subject to annual appropriation pursuant to Article X, Section 20 of the Colorado Constitution.
The Town shall have no obligation to continue the Contract in any fiscal year in which no such
appropriation is made.
69.0 GOVERNMENTAL IMMUNITY ACT
No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of
any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and
other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any
other applicable law.
70.0 FUEL ADJUSTMENTS (SURCHARGES)
The Town will not accept fuel adjustments unless said adjustments are specific as to amount and
timeframe and are agreed to by the Town and the Contractor in a signed writing prior to the date on which
the adjustment is to take effect.
71.0 PARTIAL PAYMENT
The Contractor, within seven (7) calendar days following the twenty-fifth day of the month in which work on
the Project is performed, shall prepare for the Owner's approval, a partial payment estimate of the value of the
Work in place.
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The Town’s Project Manager shall, within seven (7) calendar days after receipt of each partial payment
estimate, either indicate his/her approval of the estimate by signing and returning a copy to the Contractor or
return the estimate unsigned indicating in writing their reason for refusing payment.
The Project Manager shall, submit for payment, and process in accordance with the annual Town’s Vendor
Payment Schedule said request. The Owner shall retain five percent (5%) of the total value of the amount the
Contractor has earned to date, until final completion and acceptance of all Work covered by the Contract
Documents. Total retainage shall not be less than five percent (5%) of the contract total.
All Work covered by partial payment made shall thereupon become the sole property of the Owner, but this
provision shall not be construed as relieving the Contractor of the sole responsibility for the care and
protection of the Work upon which payments have been made or the restoration of any damaged Work, or as
a waiver of the right of the Owner to require the fulfillment of all terms of the Contract Document.
The foregoing, notwithstanding any part or whole of any payment, may be withheld by Owner to the extent it
deems necessary and reasonable to protect its interests if it discovers evidence of or has reasonable cause
regarding the following, as same relates to provisions of the Contract Documents:
A. Defective work, materials or equipment not corrected or replaced.
B. Claims filed against Contractor related to the work.
C. Reasonable evidence indicating probable filing of such claims against Contractor.
D. Failure of Contractor to make payments to subcontractors or for materials, labor, supplies or
equipment.
E. A reasonable doubt that the Contract may be completed for the then unpaid balance.
F. Unsatisfactory progress of the work by Contractor.
No monies, payable under this Contract, or any part thereof, shall become due and payable if Owner so
elects, until Contractor has provided written evidence or documents that it has fully settled or paid for all
materials and equipment used in or upon the work and labor provided in connection therewith. Owner, if
it so elects, may pay any or all such bills, wholly or in part, and deduct the amount or amounts so paid
from any periodic or final payment. In the event the surety on any bond given by Contractor becomes
insolvent, or is placed in the hands of a receiver, or has its right to do business in the state revoked as
provided by law, Owner, at its election, shall withhold payment of any estimate filed or approved until
Contractor shall give a good and sufficient bond in lieu of the bond so executed by such surety.
72.0 SUBSTANTIAL COMPLETION
Upon preparation by the Contractor of the final partial payment estimate, the Contractor shall advise the
Owner in writing that the Work is substantially completed under the terms of the Contract Documents and
request a semi-final inspection be made in preparation for final acceptance by the Owner.
The Owner, upon receipt of written request for semi-final inspection, shall promptly make said inspection for
the Work and issue to the Contractor a Written Notice advising him of any deficiencies, corrective measures
or cleanup that he must complete prior to preparation of the final payment request.
73.0 FINAL PAYMENT REQUEST, ACCEPTANCE AND RELEASE
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Upon Completion of the Work the Contractor within ten (10) calendar days thereafter shall:
A. Prepare a final payment request, for Owner's approval, showing the total value of the Work
completed in accordance with the Contract Documents and as modified by any Change
Orders, less the value of the following:
(1) Partial payments previously made by the Owner to the Contractor.
(2) Retention of any claims, on file with the Owner, against the Contractor.
(3) Estimated costs completing any incomplete or unsatisfactory items of the Work.
(4) Payments advanced by the Owner, to subcontractors, material and equipment
suppliers, or others, which are known by the Contractor to have been made but not
previously accounted for.
B. Contractor shall submit in duplicate a signed and notarized affidavit to Owner stating that all
subcontractors, vendors, persons, or firms who have furnished labor or materials for the
Work have been fully paid or satisfactorily secured and that all taxes, if any, have been paid.
The affidavit shall also contain a statement consenting to the final payment signed by the
surety company which has provided the performance and payment bond for the Work.
C. Notwithstanding the foregoing, in the event Owner incurs any costs or legal fees related to
the final settlement or payment thereof, or litigation of claims, then all such costs, expenses,
expert and attorney fees shall be withheld from the final payment due the Contractor by
Owner and retained by Owner for reimbursement of same.
D. The Owner shall advise the Contractor by Written Notice of Acceptance that:
(1) The Work has been inspected and accepted by them under the conditions of the
Contract Documents.
(2) The Work, effective the date of the Notice, is placed under Warranty, at the
Contractor's expense for a period of two years, or such other period as called for in
the Special Conditions.
(3) Final payment to the Contractor shall be subject to the provisions of Section 38-26-
107, C.R.S., including allowance of the time necessary to publish the Notice of Final
Settlement and retention of funds necessary to insure the payment of all claims made
under the provisions of said Section.
Upon submitting the final payment request, the Contractor by such act, indemnifies and saves the
Owner and his agents harmless from all claims growing out of the lawful demands of
subcontractors, laborers, workmen, mechanics, material men and furnishers of machinery and parts
thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the
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Work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all
obligations of the nature designated above have been paid, discharged or waived. If the Contractor
fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or
withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient
to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have
been fully discharged, in accordance with the terms of the Contract Documents, but in no event
shall the provisions of this sentence be construed to impose any obligations upon the Owner to
either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor,
any payment so made by the Owner shall be considered as a payment made under the Contract
Documents by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for
any such payment made in good faith.
The acceptance by the Contractor of final payment shall be and shall operate as a release to the
Owner of all claims and all liability to the Contractor for all claims in stated amounts as may be
specifically excepted by the Contractor for all things done or furnished in connection with this Work
and for every act and neglect of the Owner and others relating to or arising out of this Work. Any
payment, however, final or otherwise, shall not release the Contractor or his sureties from the
Warranty Period or any other obligations under the Contract Documents or the Performance and
Payment Bond.
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SPECIAL CONDITIONS
1.0 CONTRACT TIME
The Contractor on this project shall commence work under this contract starting on the date
stated in the Notice to Proceed (variable) and completing all work, including cleanup and
demobilization within 105 working days. This time may be adjusted only by a request in
writing and Change Order.
2.0 WORK ZONE REQUIREMENTS
Construction work is permitted from 7:00 AM until 7:00 PM, Monday through Friday. Any work
on weekends or Town holidays will require negotiation and approval from the Town’s Project
Manager.
Work is currently allowed during the following Special Events at the O’Connor Pavilion (south
of the historic hydroplant, on the south side of Fall River, with a driveway entrance near project
STA 126+00 and parking spaces near project STA 135+00), but may require additional traffic
control or special coordination:
o Wedding Reception – Friday June 5, 2020
o Wedding & Reception – Saturday June 6, 2020
o Estes Valley Land Trust – Thursday June 18, 2020
o Wedding Ceremony – Friday June 19, 2020
o Wedding Reception – Saturday June 20, 2020
o Bar Mitzvah – Saturday July 4, 2020
o Wedding and Reception – Saturday July 11, 2020
o Family Reunion – Sunday July 12, 2020
o Wedding & Reception – Tuesday July 14, 2020
o Wedding & Reception – Saturday July 18, 2020
o Wedding & Reception – Friday August 14, 2020
o Fall River Society – Sunday August 16, 2020
o Wedding – Saturday August 22, 2020
o Newcomers Club Picnic – Sunday August 23, 2020
o Wedding & Reception – Saturday August 29, 2020
o Wedding & Reception – Saturday September 5, 2020
o Wedding – Sunday September 6, 2020
o Wedding – Saturday September 19, 2020
o Wedding Reception – Saturday September 26, 2020
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Between mid-March and mid-April, US Highway 36 will be closed around Mile Marker 8.
During this closure, all construction vehicles will need to use alternative route (US 34 or CO 7).
The Contractor shall provide a construction schedule at the pre-construction meeting (after
the Notice of Award and prior to the Notice to Proceed). The schedule shall detail the
Contractor’s plan (sequencing, number of crews, phasing, traffic control) to complete all work by
the Final Completion date.
Available staging sites are indicated within the plan sheets (Project Site Plan, sheet PS-01). The
contractor will also have availability to the Town of Estes Park Public Works yard at 666 Elm
Road, Estes Park, CO 80517. Upon demobilization, the Contractor shall restore all staging areas
to their original condition including re-establishing vegetation and approximate land contours.
Emergency access shall be provided at all times throughout the project limits.
Access to all businesses and residences shall be provided at all times. Access coordination shall
be made with the business owners to allow deliveries throughout the project for those businesses
within the project limits and those outside the project limits impacted by the construction.
Full road closures will not be permitted, as access to businesses and residences will need to be
maintained throughout the project.
All construction signing shall be in conformance with MUTCD standards and the Contractor
must provide all traffic control plans for approval by the Project Manager at the Pre-Construction
meeting and for any changes in traffic control.
Flaggers shall possess a current CDOT Flagger's Card and carry it with them on the job at all
times. Flaggers without proper training including a current flagger's card will be relieved of
flagging duties and replaced with a properly trained flagger at no cost to the project.
Traffic Control lump sum bid item shall cover all associated costs of providing traffic control
supervisors (TCS), management, inspection, flaggers, signage, and all necessary traffic control
materials and personnel. A separate TCS will be required for each flagging crew.
The Contractor shall preserve all existing vegetation and other environmental features except for
those which are required to be removed or altered to accommodate the trail and related
structures. If the Contractor disturbs any of the landscape designated to remain, he shall restore
those areas as directed by the Town or Engineer at the Contractor’s expense. Vegetation
damaged for any reason, outside of the limits of disturbance, is the responsibility of the
Contractor.
Owner reserves the right to delete any portion of the Bid Schedule to stay within the budget (up to
25%).
Materials Testing shall be provided by the Town, and Contractor shall coordinate on-site testing.
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3.0 ROCKY MOUNTAIN NATIONAL PARK
Refer to Plan Sheets 2000-2008 for details on work within RMNP. The General Notes listed on
RMNP’s plan sheet shall supersede any conflicting information in the Special Conditions and
Project Special Provisions.
Work cannot be performed within RMNP when Aspenglen Campground is open from May 21,
2020 to September 30, 2020. Contractor shall complete all work within RMNP after September
30, 2020 when Aspenglen Campground has closed for the season.
RMNP shall host a Resource Briefing orientation with the contractor and all subcontractors
before any work commences within RMNP. This orientation will be given again for any new
employees or in the case of a remobilization.
The footbridge at Aspenglen Campground leading into RMNP shall be considered a pedestrian
bridge and therefore no motorized or heavy equipment shall be permitted on the bridge.
Note I2 on the RMNP General Note sheet clarifies that the Landscape Boulder (Install Only)
item will have NPS staff select boulders from the Glacier Basin pit within RMNP. This pit is
approximately 30 minutes (one-way) from the work site during normal traffic conditions, but
could increase significantly (45 minutes to an hour) during summer months with increased
visitation to the Park.
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PROJECT SPECIAL PROVISIONS
TOWN OF ESTES PARK
Estes Park, Colorado
FALL RIVER TRAIL EXTENSION
SEGMENTS 2A (RTP) AND 3 (LWCF)
Bid Documents
Prepared by:
Otak, Inc.
371 Centennial Parkway, Suite 210
Louisville, CO 80027
(303) 444-2073
January, 2020
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FALL RIVER EXTENSION TRAIL – SEGMENT 2A & 3 Bid Documents – Jan. 2020
SP - 1
TOWN OF ESTES PARK
PROJECT SPECIAL PROVISIONS
FALL RIVER TRAIL EXTENSION:
The 2017 Colorado Department of Transportation Standard Specifications for Road and Bridge Construction
controls construction of this project. The following special provisions supplement or modify the Standard
Specifications and take precedence over the Standard Specifications and plans.
PROJECT SPECIAL PROVISIONS
Page
Index Pages SP-1
Commencement and Completion of Work SP-2
Revision of Section 101 – Definitions and Terms SP-3
Revision of Section 102 – Project Plans and Other Data SP-4
Revision of Section 107 – Protection of Existing Vegetation SP-5
Revision of Section 107 – Stormwater Construction Permit SP-6
Revision of Section 107 – Legal Relations and Responsibility to the Public SP-7 – SP8
Revision of Section 108 – Prosecution and Progress SP-9
Revision of Section 201 – Clearing and Grubbing SP-10
Revision of Section 202 – Removal and Trimming of Trees SP-11 – SP-12
Revision of Section 202 – Removal of Asphalt Mat SP-13
Revision of Section 207 – Topsoil SP-14
Revision of Section 211 – Salvage of Wooden Penstock SP-15
Revision of Section 212 – Seeding SP-16
Revision of Section 213 – Mulching SP-17
Revision of Section 214 – Planting SP-18 – SP-20
Revision of Section 214 – Landscape Maintenance SP-21 – SP-22
Revision of Section 217 – Herbicide Treatment SP-23
Revision of Section 403 – Hot Mix Asphalt SP-24 – SP-26
Revision of Section 504 –Retaining Wall (Grouted Rock) SP-27 – SP-29
Revision of Section 601 – Stone Masonry SP-30 – SP-34
Revision of Section 608 – Sidewalks and Bikeways SP-35 – SP-38
Revision of Section 608 – Detectable Warnings SP-39
Revision of Section 619 – Waterlines SP-40
Revision of Section 628 – Bridge Girder and Deck Unit SP-41 – SP-43
Revision of Section 630 – Construction Zone Traffic Control SP-44 – SP-45
Traffic Control Plan – General SP-46 – SP-48
Utilities SP-49 – SP-51
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COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall commence work under the Contract on or before the 15th day following Contract execution
or the 30th day following the date of award, whichever comes later, unless such time for beginning the work is
changed by the Project Manager in the "Notice to Proceed." The Contractor shall complete all work within 105
working days in accordance with the notice to proceed.
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor's progress schedule may be a Bar Chart Schedule but should identify the timeline for work
within Rocky Mountain National Park (RMNP) separately from the remainder of work.
Salient features to be shown on the Contractor's progress schedule are:
1. Notice to Proceed
2. Order Prefabricated Steel Truss Bridges
3. Submittals
4. Construction Signing
5. Mobilization
6. Erosion Control
7. Installation of Traffic Control Devices
8. Clearing and Grubbing
9. Utility Relocations
10. Bridge Foundation Construction
11. Retaining Wall Construction
12. Concrete Flatwork
13. Bridge Setting
14. Railing and Fencing Installation
15. Final Striping and Site Restoration, and Cleanup
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REVISION OF SECTION 101
DEFINITIONS AND TERMS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
101.28 Department. Town of Estes Park Public Works Department.
101.29 Engineer. The Town Engineering Manager acting directly or through an authorized representative, who is
responsible for engineering and administrative supervision of the project. The Engineering Manager shall also be
defined as the Town Engineer.
101.48 Preconstruction Conference. A meeting of Town project personnel, Contractor project personnel and
other stakeholders held prior to the beginning of construction at which topics pertinent to the successful
prosecution of the work are discussed.
101.51 Project Engineer. The Town of Estes Park’s Project Manager directly responsible for the overall
administration of assigned construction projects. The Project Engineer shall also be defined as the Project
Manager.
101.76 State. The State of Colorado or the Town of Estes Park acting through its duly authorized representative.
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REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
The Bid Documents will be available for review at the Public Works Department of the Town of Estes Park,
(Owner, 170 MacGregor Avenue, Estes Park, CO 80517, until the date set for opening of bids:
Bid Documents may be obtained from Rocky Mountain E-Purchasing (BidNet) and the Town of Estes
Park’s website in PDF format and upon request if assistance is needed. The Town will maintain a Plan
holder's List.
Documents listed in the Appendices of the Table of Contents will be available for review in the offices of the
Town of Estes Park, (Owner) at 170 MacGregor Avenue, Estes Park, CO.
After the bids have been opened, the most responsive and responsible low bidder may obtain from the Town in
digital format, if available for the project, one set of cross sections, one set of major structure plan sheets, and
one set of computer output data. Hardcopy sets of plans and other available data may be purchased on a cash
sale basis from the Town of Estes Park at current reproduction prices. Subcontractors and suppliers may obtain
electronic or hardcopy plans and other data from the successful bidder.
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REVISION OF SECTION 107
PROTECTION OF EXISTING VEGETATION
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.12 shall include the following:
The Contractor shall save all existing vegetation (including trees, shrubs, ground covers, grasses, wetlands &
riparian) in this area, except for that vegetation, which must be removed to accommodate construction of the
project, per the plans. Specific areas of vegetation to be protected shall be as directed by the Project Engineer or
Town’s Parks Division Supervisor and shall be protected by using orange construction fencing, wire fencing
with metal posts or silt fence. Fencing for trees shall be installed at the drip line of the tree or as approved by
the Engineer. Equipment shall not be installed or stockpile material within 15 feet of existing trees to remain.
The Contractor shall perform all the work in such a manner that the least environmental damage will result. All
questionable areas or items shall be brought to the attention of the Project Engineer for approval prior to
removal or any damaging activity.
The Contractor shall promptly report any vegetation damaged or scarred during construction to the Project
Engineer for assessment of damages. Damaged or destroyed fenced vegetation, shall be replaced at the expense
of the Contractor. Vegetation of replaceable size shall be replaced at the Contractor's expense. When trees,
shrubs beyond replaceable size or wetlands have been damaged or destroyed, the Contractor shall be liable for
the appraised value based upon the official current publications. For trees and shrubs use the International
Society of Arboriculture, Guide for Plant Appraisals. The Contractor shall pay any fines or jail time should a
wetland be damaged, at no cost to the project.
A consulting Arborist retained by the Public Works Department will determine the value of the trees and shrubs.
A consulting Wetland Specialist shall determine the value of the wetland or wetland species. This value will be
deducted from any money due to the Contractor.
The determination as to whether a plant is of replacement size or beyond will be made by the Town’s Parks
Division Supervisor, employee, or consultant.
If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in
part, until the fence is repaired to the Project Engineer’s satisfaction at the Contractor's expense. Time lost due
to such suspension will not be considered a basis for adjustment of time charges but will be charged as contract
time.
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REVISION OF SECTION 107
STORMWATER CONSTRUCTION PERMIT
Section 107 of the Standard Specifications is hereby revised for this project as
follows: Subsection 107.25(c) shall include the following:
The Colorado Department of Public Health & Environment Stormwater Construction Permit (CDPHE-SCP)
shall be obtained by the contractor. The Town will support the Contractor’s efforts with review and signature
when required by State regulations.
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REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Section 107 of the Standard Specifications is hereby revised for this project as follows:
Subsection 107.02 shall include the following:
Permits that the Contractor shall obtain or hold for this project include:
(a) A CDPHE Construction Dewatering Permit, (CDW) may be required for this project. It is the
responsibility of the Contractor to determine if the permit is needed; to apply for, acquire, pay for and
implement this permit.
(b) Town of Estes Park Right-of-Way Permits when work obstructs any portion of a roadway or is within the
Town’s Right-of-Way.
(c) Construction Site Management Plan: The Contractor shall prepare and submit for approval at least (7)
days in advance of the beginning of construction a Construction Site Management Plan, (CSMP). The
Construction Site Management Plan (CSMP) shall incorporate elements of the Storm Water Management Plan
(SWMP).
A listing of the requirements for a CSMP is as follows;
(1) Erosion and Sedimentation Control Plan:
a. Include Stormwater Management Plan and SWMP Construction Plan sheets.
b. Supplement as necessary.
(2) Site Construction Facilities (Identify the following):
a. Staging areas
b. Storage areas
c. Stockpile areas
d. Dumpsters and trash receptacles
e. Sanitary facilities
f. Loading areas
g. Trailers and field offices (show access)
(3) Parking
a. Location of onsite and any offsite parking spaces
Plans shall be phased and updated as the project evolves and site conditions change. A current copy of the
CSMP must be on file with the Town's Project Engineer and at the job site.
The Contractor is responsible for all fees and implementation costs for the above-listed permits unless
specifically stated otherwise. There will be no separate measurement and payment for this work and the costs
will be considered as subsidiary to other items of work.
Additional Permits that the Contractor must abide by for this project include:
(a) Temporary Construction Easements on adjacent properties.
(b) NPDES Construction General Permit (NPDES CGP) issued by EPA Region 8
(c) Additional NPDES CGP required by CDPHE
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REVISION OF SECTION 107
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Subsection 107.11 shall include the following: Explosives: Blasting is not allowed on this project.
Staging and Storage Area:
Available staging sites on Town-owned land are indicated on the plan sheets. The contractor will coordinate
with the Town Project Engineer and any private properties owners if additional staging area(s) are to be
utilized. The proposed staging and storage must be indicated on the Construction Site Management Plan. The
staging areas will be restored at the end of use to pre-existing conditions.
Prior to beginning work, the Contractor shall take photos or videos for documentation of existing conditions for
all areas that will be part of the Contractor’s operations area. The Contractor shall provide these photos or
videos to the Town prior to commencing work.
Subsection 107.23 shall include the following:
Habitat Protection:
No threatened or endangered species listed for Larimer County shall be impacted by this project. Due to the
project’s proximity to Fall River, care must be taken to minimize impacts to wetlands, riparian vegetation, and
drainages. Best management practices must also be followed when working in and around these areas in order
to prevent toxic run-off, erosion, and siltation.
The Contractor shall abide by all requirements of the Migratory Bird Treaty Act of 1918.
Subsection 107.24 shall include the following:
Dust Control:
No separate payment will be made for dust control. Its cost shall be considered incidental to the Project. Unless
pre-approved by the Engineer, water shall be the only dust palliative material allowed.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor shall present a Critical Path Method (CPM) schedule to the Town of Estes Park at the
preconstruction conference. The CPM schedule shall be updated when the project’s critical path is impacted..
This schedule shall show the major features of each phase of the project for the entire project time frame.
Subsection 108.05 shall include the following:
The contractor shall schedule all work between 7:00 A.M. and 7:00 P.M (local time) Monday through Friday.
Night and weekend work will be allowed only with the prior written authorization of the Project Engineer. The
Contractor may make emergency repairs to provide protection of the work and traveling public at any time. All
on-roadway work or work that indirectly or directly interferes with the flow of traffic (vehicle, pedestrian, and
bicycle) shall be in accordance with an approved Traffic Control Plan.
Meetings will be required to review progress and to plan upcoming activities. Representatives from the
Contractor and active subcontractors shall attend the meetings. Such meetings will be required on a weekly
basis at a time to be determined by the Town of Estes Park and the Contractor. Additional meetings will be held
when required by the Town of Estes Park or the Contractor.
Weekly progress meetings will be held at the Town Hall, and meetings will be held on the job site as required.
Typical agenda:
1. Review minutes of previous meeting.
2. Review progress of the work since last meeting. Contractor shall provide a schedule with a 1 week look
back and a 2 week look ahead.
3. Review of submittals, RFIs, change orders, and testing results.
4. Identify problems which impede planned progress.
5. Develop corrective measures and procedures to regain planned schedule.
6. Complete other current business.
7. Discuss progress anticipated until the next scheduled meeting.
The Contractor shall submit at the weekly progress meeting a schedule or written statement of planned work
activities and anticipated inspection and testing requirements of the past week and the upcoming two weeks. A
24 hour notice shall be provided to the Town of Estes Park by the Contractor if the Contractor elects to change
the planned work activities.
No separate measurement for payment will be made for the Work under this section. Its cost shall be considered
incidental to the Project.
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REVISION OF SECTION 201
CLEARING AND GRUBBING
Section 201 of the Standard Specifications is hereby revised for this project as follows:
Subsection 201.01 shall include the following:
Clearing and grubbing includes the removal and disposal of the miscellaneous debris within the project limits to
include: all tree stumps including root system, regardless of size, shrubs, plant materials, miscellaneous
landscaping materials, sod, channel protection rock and concrete, irrigation lines, irrigation hand holes,
sprinkler heads, and other materials within the work area not otherwise listed as a pay item. This work also
includes the preservation from injury or defacement of all vegetation and objects designated to remain. The
Contractor, Project Engineer, and Town’s Parks Division Supervisor shall establish environmental limits during
walk through. No trees, tree branches, shrubs, plants, grasses, and other vegetation shall be removed until
marked and approved by the Project Engineer.
Subsection 201.03 shall include the following:
Branches of trees extending into the trailbed shall be trimmed to provide clear height of 10 feet above the
trailbed surface. The trailbed surface shall extend to the outside edge of the trail shoulders as shown in the
plans.
Subsection 201.04 shall include
Pay Item Pay Unit
Clearing and Grubbing ACRE
Unless specified elsewhere, the removal of branches, trunks, stumps, shrubs, plant materials miscellaneous
landscaping materials, irrigation system, and sod will not be paid for separately but shall be included in the
work. Chipping, hauling, and disposal of removed material will not be paid for separately but shall be included
in the work.
Herbicide Treatment as required by Revision to Section 217 shall be included in the cost of Clearing and
Grubbing.
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REVISION OF SECTION 202
REMOVAL AND TRIMMING OF TREES
Section 202 of the Standard Specifications is hereby revised for this project as follows:
Subsection 202.02 shall include the following:
This work includes the removal and the trimming of trees as directed by the Project Engineer. This work
includes the preservation from injury or defacement of all vegetation and objects designated to remain.
The Project Engineer will establish environmental limits. All trees, tree branches, shrubs, plants, grasses, and
other vegetative materials shall remain, except as designated by the Project Engineer or Parks Division
Supervisor.
Prior to beginning any construction, removal, trimming, and pruning of encroaching vegetation (as determined
by the Engineer) shall be completed.
After completion of the concrete flatwork, the required 10’ vertical clearance above the trailbed shall be
verified. Additional tree trimming should be performed as needed, as approved by the Engineer.
Access for the removal or pruning of trees will be extremely limited. Trees shall be felled at the risk of the
Contractor. Strict limits of disturbance will be defined and shall be adhered to.
Branches on trees or shrubs shall be removed as directed by the Project Engineer. All trimming shall be done by
skilled workers. All work shall be done according to the following requirements:
(1) Pruning shall be done with proper, sharp, clean tools in such a manner as to preserve the natural character
of the tree.
(2) All final cuts shall leave no projections on or off the branch and shall not be cut so close as to eliminate
the branch collar.
(3) To avoid bark stripping, all branches 2 inches in diameter and larger shall be cut using the 3-cut method.
These branches shall be lowered to the ground by proper ropes.
(4) Tools used on trees known or found to be diseased, shall be disinfected with alcohol before they are used
on other trees.
(5) Structural weaknesses, decayed trunk or branches, or split crotches shall be reported to the Engineer.
(6) When cutting back or topping trees, the worker shall use the drop-crotch method and avoid cutting back to
small suckers. Smaller limbs and twigs shall be removed in such a manner so as to leave the foliage
pattern evenly distributed.
(7) When reducing size (cut back or topping) not more than one-third of the total area shall be reduced at a
single operation.
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REVISION OF SECTION 202
REMOVAL AND TRIMMING OF TREES
(8) Climbing spikes shall not be used on trees not scheduled for removal.
All brush, branches, limbs, and foliage smaller than 3 inches in diameter shall be chipped into mulch and
disposed by the contractor. The trunks and limbs 3 inches and larger shall be cut into less than 6 foot lengths
and disposed by the contractor. Stumps shall be removed by the contractor when within the areas to be
excavated. When trees being cut off are outside the excavation limits, the stumps shall be cut so that no more
than 3 inches remains above the ground surface. Stump grinding is not required in any circumstances.
Subsection 202.12 shall include the following:
All clearing and grubbing directed by the Project Engineer will be paid for by the acre under the clearing
and grubbing item. Tree trimming will be included in the cost of clearing and grubbing.
Removal of Trees greater than 6 inch diameter will be paid for separately under Item 202 – Removal of
Tree. Multiple tree trunks from a common stump shall be considered one tree.
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REVISION OF SECTION 202
REMOVAL OF ASPHALT MAT
Section 202 of the Standard Specifications is hereby revised for this project as follows:
In subsection 202.02 delete the seventh paragraph and replace with the following:
The existing asphalt mat, which varies in thickness, shall be removed in a manner that minimizes contamination
of the removed mat with underlying material. The removed asphalt mat shall remain the property of the Town
and shall be hauled to the Town of Estes Park materials storage yard at 666 Elm Road.
Subsection 202.11 shall include the following:
The removal of the existing asphalt mat will be measured by the area, in square yards, completed to the required
depth and accepted.
Subsection 202.12 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Removal of Asphalt Mat Square Yard
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REVISION OF SECTION 207
TOPSOIL
Section 207 of the Standard Specifications is revised as follows:
Subsection 207.01 shall include the following:
All disturbed areas to be landscaped or seeded shall receive 6 inches of topsoil. The contractor shall salvage
existing topsoil and supplement if needed with imported topsoil.
Subsection 207.03 shall include the following:
All areas to be seeded shall be disked to break up dirt clods to a size of one (1) inches or smaller. Disking shall
not occur until the concrete trail has been completed to avoid recompaction of the soil. If soil is recompacted
after disking, the Contractor shall redisk the area at no additional cost to the project as directed by the Owner.
Topsoil shall be placed after disking operations are complete. Topsoil should be spread to a minimum depth of
six (6) inches. All topsoiled areas shall be seeded or temporarily stabilized within seven (7) calendar days after
placement is complete.
Subsections 207.04 shall be deleted and revised as the following:
Items paid for by volume will not be remeasured but will be the quantities designated in the Contract.
Exceptions will be made when field changes are ordered or when it is determined that there are discrepancies on
the plans in an amount of at least plus or minus five percent of the plan quantity. This topsoil material will be
paid for as topsoil when placed and accepted by the Engineer on the slopes.
Subsection 207.05 shall include the following:
Payment will be made under:
Pay Item Pay Unit
Topsoil (6-Inch) Cubic Yard
Stripping and stockpiling of existing topsoil will not be paid for separately but shall be included in the Topsoil
pay item. It is estimated that approximately 3 inches of existing topsoil may be stripped and stockpiled over the
disturbance limits.
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REVISION OF SECTION 211
SALVAGE OF WOODEN PENSTOCK
Section 211 Shall is hereby added to the Standard Specifications.
DESCRIPTION
This work shall include the careful relocation of a 15’ long section of existing 48 inch diameter buried wooden
penstock from the location shown in the plans (approximately STA 140+30), transport and placement of the
penstock to the assigned delivery location (adjacent to STA 137+10), as directed by the owner.
MATERIALS
The existing penstock consists of 2” wide by 1/2” thick wood lath surrounded by ¼” diameter metal hoops to
form a 48” diameter pipe.
CONSTRUCTION REQUIRMENTS
The Contractor shall excavate the soil surrounding the penstock to allow the section of penstock to be cut from
the existing penstock to remain. The contractor may excavate, cut and dismantle the adjacent section of pipe to
gain access to the interior of the penstock to be relocated. At their discretion, the Contractor may stabilize the
pipe from the inside to allow the pipe to be removed from the ground and transported to the new location in one
piece. The Contractor may leave the temporary stabilization system in place after transport and safe deliver to
assigned delivery location.
The penstock shall be cut to leave some edges on the section to be relocated.
If the penstock to be relocated is damaged during excavation, transport or placement, the Contractor shall cut
and remove another adjacent 15’ section of penstock. If a second section is unsuccessfully removed and
relocated without damage, the Contractor shall notify the owner for further direction.
The Contractor shall submit a written means and methods statement to the owner 1 week prior to relocation of
the penstock. This should include details showing any proposed stabilization methods.
MEASUREMENT AND PAYMENT
Salvage of Wooden Penstock will not be measured but will be paid for as a single lump sum for the successful
removal, transport and safe delivery of penstock to the assigned delivery location.
Payment will be made under:
Pay Item Pay Unit
Salvage of Wooden Penstock LS
Payment will include all materials and workmanship required to excavate, transport, and deliver the Penstock to
the assigned location, including excavation and backfill of the excavation to exiting grade.
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REVISION OF SECTION 212
SEEDING
Sections 212 of the Standard Specifications are hereby revised for this project as follows:
In subsection 212.02 (a), delete the first paragraph and replace with the following:
(a) Seed. All seed shall be furnished in bags or containers clearly labeled to show the name and address of the
supplier, the seed name, the lot number, net weight, origin, the percent of weed seed content, the guaranteed
percentage of purity and germination, pounds of pure live seed (PLS) of each seed species, and the total
pounds of PLS in the container. All seeds shall be free from noxious weed seeds in accordance with current
state and local lists and as indicated in Section 213. The Contractor shall furnish to the Engineer a signed
statement certifying that the seed is from a lot that has been tested by a recognized laboratory for seed
testing within thirteen months prior to the date of seeding. The Engineer may obtain seed samples from the
seed equipment, furnished bags or containers to test seed for species identification, purity and germination.
Seed tested and found to be less than 10 percent of the labeled certified PLS and different than the specified
species will not be accepted. Seed which has become wet, moldy, or damaged in transit or in storage will
not be accepted. Seed mix specification and quantity to be provided in the storm water management plan
(SWMP) sheets.
Delete Subsection 212.06(a) and replace with the following:
(a) Soil Preparation. Preparatory to seeding, all areas are to be raked by hand or mechanical means to produce a
finished surface free from bumps, rocks and clods over one inch in diameter. Finished grade will be within 0.1’
of grade as shown on plans or in details. Surfaces shall be left smooth, clean and even graded to drain and fit
into any undisturbed surrounding terrain. All irregularities more than one inch in diameter shall be removed.
Any depressions or other variances from a smooth grade shall be corrected by the Contractor.
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REVISION OF SECTION 213
MULCHING
Sections 213 of the Standard Specifications are hereby revised for this project as follows:
In subsection 213.01 (a), delete the first and second paragraph and replace with the following:
This work shall consist of mulching seeded areas and applying mulch tackifier on ditches and slopes in
accordance with the contract or as directed. Mulching will be accomplished by the crimping method using straw
or hay. Due to high failure rates hydraulic mulching and spray on mulch blanket is not allowed.
In subsection 213.03 (a), add the following:
Hay or straw shall be applied at a rate of 2 tons per acre.
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REVISION OF SECTION 214
PLANTING
Section 214 of the Standard Specifications is hereby revised for this project as follows:
In subsection 214.02(d), delete the last paragraph/sentence beginning with the word “Fertilizer”
Subsection 214.02 shall include the following:
(e) Plant Backfill Mix: Backfill for each planting pit shall be an improved soil consisting of three parts on-site
topsoil and one part soil conditioner, thoroughly blended and free of inorganic and foreign substances.
(f) Plant Fertilizer: Plant fertilizer shall be 1 oz of Slow Release Professional Granular fertilizer containing a
20-5-10 NPK ratio thoroughly mixed in the top 6-8 inches of soil.
Subsection 214.03(a) shall include the following after the first sentence:
Planting of trees, shrubs, and other plants shall be done at a time of year that is favorable to plant growth and in
accordance with good horticultural practice. Planting between November 1st and March 15th will be allowed
only when ordered by the Engineer or when the Contractor’s request is approved in writing.
Delete subsection 214.03(b) and replace with the following:
(b) Excavation for Planting Pits: Excavation for planting shall not commence until planting pits or shrub beds
have been staked and approved by the Engineer. Planting pits shall be flat bottomed, circular in outline and
excavated with vertical sides. No glazed smooth holes will be accepted. The Contractor will, at the request
of the Engineer, roughen the surfaces of the plant pits. Pits shall have a diameter eighteen (18) inches
greater than the earth ball diameter for trees and twelve (12) inches greater than the earth ball diameter or
container shrubs. A layer of plant backfill mix shall be placed below the bottom of the earth ball or root
system. The plant backfill mix will be at least nine (9) inches deep under trees and six (6) inches deep under
shrubs. Plant pits shall be free of underground obstructions such as pipes, wires, rock over 3” in diameter,
man-made debris or contaminants.
In subsection 214.03(c) delete the first two paragraphs and replace with the following:
(c) Planting: Planting shall be done in accordance with good horticultural practices. Plant material shall be
installed so as not to interfere with the operation or coverage of the sprinkler system equipment or so that it
is damaged by the irrigation spray. Plants with dry, broken, or crumbling roots will not be accepted for
planting.
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REVISION OF SECTION 214
PLANTING
Following excavation of the planting pit, the Contractor shall place the specified depth of plant backfill mix
into the pit before setting any tree or shrub. Plant root balls shall be centered within the planting pit. Upright
plants shall be set plumb. Prostrate plants shall be set at the same depth to the ground surface as originally
grown.
Coniferous (evergreen) trees shall be planted with the top of the root ball three (3) inches above finished
grade.
All wire baskets or synthetic material must be totally removed from the root ball of all plants. Remove all
cord and peel burlap back from the top one third of the root ball. The wire and cord removed from each tree
shall be set to the side of the newly planted tree for inspection by the Town.
In subsection 214.03(d) delete the first two paragraphs and replace with the following:
(d) Backfilling: Partially backfill the pit to within six (6) inches of finish grade by carefully placing and
compacting plant backfill mix around the ball of the plant. Plant fertilizer shall be thoroughly mixed in the
backfill, six (6) to eight (8) inches below finish grade.
Following fertilization, continue placing and compacting plant backfill mix around the ball until the hole is
completely backfilled. Water shall then be introduced in the plant pit by means of a water lance so that the
hole is irrigated from the bottom up.
When the plant backfill mix is no longer saturated, the pit shall be filled with additional plant backfill mix
until stabilized to the desired finish grade. The top of the root ball shall be surrounded by a saucer with a 3”
lip that is the diameter of the plant pit.
All individual trees in seeded areas shall be covered with a 4 inch thick layer of fresh, moist wood chip
mulch. All wood chip mulch shall conform to Section 213.
After completion of all planting and before acceptance of the work, the Contractor shall water plants
installed under this Contract, as needed to maintain a moist root zone that is optimum for plant growth.
Plants damaged by the Contractor’s operations shall be replaced at the Contractor’s expense.
In subsection 214.03(f) delete the first paragraph and replace with the following:
(f) Staking. Trees shall be anchored by means of stakes and wire. Stakes shall be metal tee-posts placed in
undisturbed soil outside the pits. Guy wires shall be secured to the stake and then to a 2 inch wide strip of
nylon webbing with metal grommets set above the first and second limb crotch of the tree or on the largest
caliper cane of clump. The guy wire will be threaded so that no wire contacts the tree. The wire shall then be
tightened sufficiently by twisting the wire to anchor the tree in a true vertical plumb, allowing the plant one
inch of play in each direction. Two guy wires 180 degrees apart in an east-west orientation will be used for
each tree two (2) inches in caliper or smaller and for clumps 8’ high and smaller.
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REVISION OF SECTION 214
PLANTING
Subsection 214.03 shall include the following:
(j) Limit Vehicular Access: Vehicular accessibility within the site shall be limited to avoid compaction of areas
to be planted. Repair damage to prepared planting areas due to vehicular movement by construction
equipment to original condition at no additional cost.
(k) Storage: Deliver balled and burlapped stock direct from nursery and heel-in immediately if not to be planted
within four hours. Protect roots of plant materials from drying out and store plants in shade and wind
protected area. If trees are to be stored on-site, protect by placing mulch around the root ball. A storage
location shall be provided by the Contractor within storage yard or staging area.
(l) Planting Work-Through. Work with the Project Engineer to schedule a planting work-through. At the work-
through the first 2 to 3 trees will be planted by the Contractor in the presence of the Engineer and Town
Parks Division Staff to clarify the planting process. All crew leaders conducting planting operations are to
attend the planting work-though.
Subsection 214.04(b) shall also include the following:
Seeded areas will be accepted upon evidence of a healthy vigorous growing condition with an even,
uniform, germination of grass cover. This does not imply that a full sod is necessary. The result is
based on a visual evaluation indicating a uniform germination of about 75% coverage with no bare spots
larger than 6 inches in diameter. During the Landscape Establishment period and until acceptance, the
Contractor shall re-seed any spots where seed has not germinated and maintain all seeded areas as
necessary including re-seeding, watering the seeded and non-irrigated areas, and weed control by hand
and/or chemical application at the Contractor’s expense.
Subsection 214.06 shall include the following:
Pay Item Pay Unit
Coniferous Tree (8-Foot) (Ball & Burlap) Each
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REVISION OF SECTION 214
LANDSCAPE MAINTENENCE
Section 214 of the Standard Specifications is hereby revised for this project as follows:
In Subsection 214.04, delete the first paragraph and item (a) and replace them with the following:
The Contractor shall be responsible for the following:
The Landscape Establishment Period begins upon receipt of the written “Notice of Substantial Landscape
Completion” from the Engineer. Substantial Landscape Completion occurs when all plant materials in the
Contract have been planted and all work under Sections 212, 213, and 214 has been performed, except for the
Section 214 pay item, Landscape Maintenance. If the Notice of Substantial Landscape Completion is issued
during the spring planting season, the Landscape Establishment Period begins immediately and lasts for a period
of 24 months. If the Notice of Substantial Landscape Completion is issued at any other time, the Landscape
Establishment Period begins at the start of the next spring planting season and lasts for a period of 24 months.
After all planting on the project is complete, a plant inspection shall be held including the Contractor, Engineer,
and Town’s Parks Division Supervisor to determine acceptability of plant material. During inspection, an
inventory of rejected material will be made, and corrective and necessary cleanup measures will be determined.
From the time of installation, during construction, and throughout the Landscape Establishment Period, the
Contractor shall maintain all plant material and seeded areas in a healthy and vigorous growing condition, and
ensure the successful establishment of vegetation. During the Landscape Establishment Period, the Contractor
shall water, cultivate, and prune the plants, and repair, replace or readjust guy material.
Dead, dying or rejected material shall be removed each month during the Landscape Establishment Period as
directed. Plant replacement shall be performed during the spring planting seasons at the beginning and end of
the Landscape Establishment Period. Plant replacement stock shall be planted in accordance with the Contract
and is subject to all requirements specified for the original material. Plant replacement shall be at the
Contractor’s expense.
An inspection will be conducted by the Contractor, Project Engineer, and Town’s Parks Division Supervisor 12
months after the beginning of the Landscape Establishment Period in order to determine acceptability of
plantings. During this inspection, an inventory of losses and accepted plant material will be made. Plant
replacements determined to be necessary at this inspection will be planted within 30 days following the
inspection. A second inspection to determine acceptability of plantings will be conducted no later than 23
months following the beginning of the Landscape Establishment Period. During this second inspection, an
inventory of losses and accepted plant material will again be made. Plant replacements determined to be
necessary at this second inspection will be planted within 30 days following the inspection. Following any
necessary plant replacements, the Contractor, Engineer and Town’s Parks Division Supervisor will conduct a
final inspection in order to close the Landscape Establishment Period. The Contractor shall remove all guying
wires, straps and stakes from the plant material prior to this final inspection.
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REVISION OF SECTION 214
LANDSCAPE MAINTENENCE
In Subsection 214.04 delete item (b) 2 and include the following:
The trees planted by the Contractor shall be watered twice per month at the rate of 30 gallons per tree per
watering for the months May through October during the Landscape Establishment Period, or as needed, and the
trees shall also be watered once per month at the rate of 30 gallons per tree for the months November through
April during the Landscape Establishment Period, or as needed. The Landscape Establishment Period will be
established in coordination with the Town of Estes Park as a part of this contract.
Prior to the beginning of the Landscape Establishment Period, a watering schedule listing the calendar days
chosen to complete the required watering shall be submitted to facilitate inspections by the Engineer.
Watering may not be required in winter months if there are prolonged stretches of time where temperatures
remain below 40 degrees Fahrenheit.
Payment will be made under:
Pay Item Pay Unit
Landscape Maintenance Lump Sum
Water used for the Landscape Establishment Period will not be measured and paid for separately but shall be
included in the work. Watering of trees and shrubs after receipt of the Notice of Substantial Landscape
Completion will not be measured and paid for separately but shall be included in the work. The first watering
during the planting of trees and native seed area will not be paid for separately but shall be included in the price
of the work.
Payment shall be full compensation for all work necessary to complete the item.
For each month that landscape maintenance is performed and accepted during the Landscape Maintenance
period as specified in subsection 214.04, payment for Landscape Maintenance will be made in installments as
follows:
(1) Five percent of the lump sum amount will be paid for each of the sixteen growing season months, from
March through October (24 month).
(2) Two and a half percent of the lump sum amount will be paid for each of the winter months, November
through February (24 month).
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REVISION OF SECTION 217
HERBICIDE TREATMENT
Section 217 of the Standard Specifications is hereby revised for the project as follows:
Delete Subsection 217.01 and replace with the following:
Small pockets of noxious weeds have been found within the project limits. These areas shall be located and
treated with herbicide before disturbance. The Town or their representatives will determine and mark these
areas with the Contractor prior to Clearing and Grubbing operations. After seeding and near the end of the
project, if noxious weed species persist, seeded areas shall receive an additional application of herbicide.
All applications shall target observed species. Applications shall be performed by a licensed weed applicator
and should apply herbicide treatments in accordance with the manufacturers label, herbicide MSDS’s, and the
Colorado Department of Agriculture recommendation for each of the listed species (factsheets are located at:
http://www.colorado.gov/cs/Satellite/ag_Conservation/CBON/1251618874438).
Observed weed species include the following:
Common Name Scientific Name State
Weed List
Colorado WMVC
Indicator
Recommended Control
Measure
Canada thistle Cirsium arvense B FAC Hi-Dep
Bull thistle Cirsium vulgare B FACU Hi-Dep
Common mullien Articum minus C FACU Round-Up
Cheatgrass Bromus tectorum C UPL Round-Up
Delete Subsection 217.05 and replace with the following:
Herbicide Treatment will not be measured and paid for separately, but shall be included in the cost of Clearing
& Grubbing.
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REVISION OF SECTION 403
HOT MIX ASPHALT
Section 403 of the Standard Specifications is hereby revised for this project as follows:
Subsection 403.02 shall include the following:
The design mix for hot mix asphalt shall conform to the following:
Table 403-1
Property Test
Method
Value For Grading
(Gr S)(75)
Patching
Air Voids, percent at:
N (design) CPL 5115
3.5 – 4.5
Lab Compaction (Revolutions):
N (design) CPL 5115 75
Stability, minimum CPL 5106 30
Aggregate Retained on the 4.75
mm (No. 4) Sieve for S, SX and
SG, and on the 2.36mm (No. 8)
Sieve for ST and SF with at least
2 Mechanically Induced fractured
faces, % minimum*
CP 45 60
Accelerated Moisture
Susceptibility Tensile Strength
Ratio (Lottman), minimum
CPL 5109
Method B
80
Minimum Dry Split Tensile
Strength, kPa (psi)
CPL 5109
Method B 205 (30)
Grade of Asphalt Cement, Top
Layer PG 58-28
Grade of Asphalt Cement, Layers
below Top PG 58-28
Voids in the Mineral Aggregate
(VMA) % minimum CP 48 See Table
403-2
Voids Filled with Asphalt (VFA),
% AI MS-2 See Table
403-2
Dust to Asphalt Ratio
Fine Gradation
Coarse Gradation
CP 50
0.6 – 1.2
0.8 – 1.6
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REVISION OF SECTION 403
HOT MIX ASPHALT
Cont. Table 403-1
Note: AI MS-2 = Asphalt Institute Manual Series 2
Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached
with caution because of constructability problems.
Note: Gradations for mixes with a nominal maximum aggregate size of one-inch or larger are considered a
coarse gradation if they pass below the maximum density line at the #4 screen.
Gradations for mixes with a nominal maximum aggregate size of 3/4” to 3/8” are considered a
coarse gradation if they pass below the maximum density line at the #8 screen.
Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a
coarse gradation if they pass below the maximum density line at the #16 screen.
*Fractured face requirements for SF may be waived by RME depending on project conditions.
All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table
403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to
1.0 percent below the mix design optimum.
Table 403-2
Minimum Voids in the Mineral Aggregate (VMA)
Nominal
Maximum Size*,
mm (inches)
***Design Air Voids **
3.5% 4.0% 4.5% 5.0%
37.5 (1½) 11.6 11.7 11.8
N/A
25.0 (1) 12.6 12.7 12.8
19.0 (¾) 13.6 13.7 13.8
12.5 (½) 14.6 14.7 14.8
9.5 (⅜) 15.6 15.7 15.8
4.75 (No. 4) 16.6 16.7 16.8 16.9
* The Nominal Maximum Size is defined as one sieve
larger than the first sieve to retain more than 10%.
** Interpolate specified VMA values for design air voids
between those listed.
*** Extrapolate specified VMA values for production air
voids beyond those listed.
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REVISION OF SECTION 403
HOT MIX ASPHALT
Hot mix asphalt for patching shall conform to the requirements for HMA (S)(75)(PG 58-28). All patching shall
be per the Project Engineer.
Delete subsection 403.05 and replace with the following:
403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the
contract unit price per ton for the asphalt mixture.
Asphalt removal will be paid under “Removal of Asphalt Mat”
Payment will be made under:
Pay Item Pay Unit
Hot Mix Asphalt (Patching)(Asphalt) Ton
Aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to
complete Hot Mix Asphalt (Patching)(Asphalt) will not be paid for separately, but shall be included in the unit
price bid.
Subgrade excavation & preparation, and tack coat of areas to be patched will not be measured and paid for
separately, but shall be included in the work.
Removal of Asphalt Mat will be measured and paid for separately.
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REVISION OF SECTION 504
RETAINING WALL (GROUTED ROCK)
Section 504 of the Standard Specifications is hereby revised for this project as follows:
DESCRIPTION
Rock Retaining Wall work consists of furnishing and placing rock, gravity retaining walls in accordance with
these Specifications and in conformity with the lines, grades, and dimensions as shown on the Plans or as
established. The material for the rock and grout used and the construction of these walls shall be as specified
herein.
The firm producing the rock retaining wall work of this section shall have 5 years experience in work of similar
scope and nature to that specified.
MATERIALS
Materials shall meet the following requirements:
(a) Rock. The rock used for the construction of the rock retaining walls shall conform to the following:
1. The rock shall be free from segregation, seams, cracks, and other structural defects or imperfections
tending to destroy its resistance to the weather. It shall be free of rounded, worn, or weathered surfaces.
The Owner shall reject all weathered stone.
2. The color of the rock shall be mostly light grays, browns and tans, as approved by the Engineer. The color
shall be approved prior to the rock being delivered to the construction site. This approved color of rock
will be used for the construction of the rock retaining walls for the entire project.
3. The rocks for the construction of the walls shall be well graded and vary in size from a mean diameter of 9
inches to 48 inches. Control of gradation will be by visual inspection. However, in the event the Engineer
determines rock to be unacceptable, the Engineer will pick two (2) random truckloads to be dumped and
checked for gradation. The Contractor at no additional cost shall provide mechanical equipment and labor
needed to assist in checking gradation to the Owner.
4. The specific gravity of the rock shall be 2.5 or greater according to the bulk-saturated, surface-dry basis,
AASHTO T85.
(b) Mortar. The mortar used for the construction of the rock retaining walls shall conform to the following:
1. All grout shall develop a minimum compressive strength of 4,000 psi within 28 days.
2. The cement used in the grout shall be Type IIA.
3. The stone aggregate shall have a maximum diameter of one-half inch.
4. The slump in the grout shall range from 4 to 6 inches.
CONSTRUCTION REQUIREMENTS
Construction Requirements for rock retaining walls shall be as follows:
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REVISION OF SECTION 504
RETAINING WALL (GROUTED ROCK)
1. The rock for the rock walls shall be placed tightly, without obvious grout on the outside face of the rock
wall.
2. Subgrade under walls shall be compacted to 95% of maximum density determined in accordance with
AASHTO T180, with a minimum allowable bearing capacity of 3000 psf. The subgrade under the wall
shall be sloped back (into the hillside) at 5%.
3. The rock walls shall be constructed to the dimensions and in the locations shown on the drawings. The
walls shall be constructed with a 1 horizontal to 4 vertical batter on the front and back face, with a
minimum width of 1 foot at the top of the wall unless otherwise shown in the plans.
5. All face stones shall be pitched to a string line on straight walls or laid to batter stakes for curved walls.
The batter shall be consistent with respect to all parts of the wall and shall meet the minimum requirements
set forth in the detail. The degree of roughness on the exposed face shall be measured with a six-foot
straight edge supported between adjacent projections on the stone face. Variations in the face in excess of
4 inches, measured form the straight edge to the extreme depression in the stone will not be permitted.
Rear faces shall present approximately plane surfaces and shall in general conform to the detail.
6. Each facing rock shall be in contact with at least two rocks below it. Each rock shall have at least three (3)
bearing points – two (2) in front and one (1) in back. Front contact points shall be within 6 inches of the
face. There shall be no columns of rock, i.e. no continuous vertical seems.
7. Grout shall be placed to fill all voids between the rocks throughout the back ½ of walls.
8. Prior to placing the grout, any type of debris, fines, smaller rock or silt shall be removed from around the
rocks. Dewatering shall be implemented to guarantee that the grout will not be placed in water and the area
will remain dewatered for a period of ten (10) hours after the grout has been placed. The surface of the
rocks receiving grout shall be wet at all times prior to receiving grout.
9. Clean and wash any spillage before the grout sets on the outside face and top of walls. The visual surfaces
of the rocks will be free of grout to provide a clean natural appearance. If washing does not clean off grout
residue, the Contractor shall wash off any grout residue with muratic acid and water, using a brush to scrub
off the residue.
10. Weep drains as shown on the drawings shall be installed through the rock walls at no more than 10-foot
o.c., and located vertically 4 inches above final grade on the exposed wall side, unless otherwise specified
on the plans.
11. Cap rocks shall be neatly grouted in place and provide a smooth and uniform top surface when adjacent to
the trail. There shall be no loose cap rocks that can be moved by hand or are unstable under foot.
12. Examine the substrates, adjoining construction and the conditions under which the work is to be installed.
Do not proceed with the work until unsatisfactory conditions have been corrected.
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REVISION OF SECTION 504
RETAINING WALL (GROUTED ROCK)
13. Verify dimensions before proceeding with the work. Obtain field measurements for work required to be
accurately fitted to other construction. Be responsible for the accuracy of such measurements and precise
fitting and assembly of finished work.
14. Job Mock-up: Prior to the construction of any rock walls, the Contractor, or Subcontractor who is
constructing the walls for the Contractor, shall show the Owner and Engineer, an example of similar rock
walls that they had constructed previously. If the construction is not approved, the Contractor shall make
any changes required by the Owner and Engineer to obtain approval, and construct the remainder of the
walls as approved.
15. Submittals: Submittals shall be required for the grout mix design and the rock. Rock submittals shall be as
per CDOT Section 506 – Riprap. Submit certification that sufficient quantity of materials within the range
of accepted material is available from a single quarry to satisfy the total requirements of the project.
Samples of rock shall be made available at the quarry.
The Owner and Engineer shall approve all submittals prior to grouted rock wall construction.
METHOD OF MEASUREMENT
Retaining Wall (Grouted Rock) will be measured by the square foot of surface area using the pay limits as
shown on the Rock Retaining Wall Typical Section(s) in the plans.
BASIS OF PAYMENT
The unit price of Retaining Wall (Grouted Rock) shall be compensation for complete installation including but
not limited to subgrade compaction, water, structure excavation and backfill, rock, mortar, filter material,
perforated pipe, weep holes, drainage geofabric, construction dewatering, delivery and installation.
Excavation and backfill of the grouted rock retaining walls shall be in accordance with Section 206 –
Excavation and Backfill for Structures. Excavation and backfill will not be paid for separately, but shall be
included in the work.
Grout hot and cold weather operations shall be performed in accordance with CDOT Section 601.13. Hot and
cold weather concreting will not be paid for separately, but shall be included in the work.
Any dewatering for rock retaining walls shall not be paid for separately, but shall be included in the work.
Payment will be made under:
Pay Item Pay Unit
Retaining Wall (Grouted Rock) Square Foot
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REVISION OF SECTION 601
STONE MASONRY
Section 601 of the Standard Specifications is hereby revised for this project to include the following:
DESCRIPTION
This work consists of constructing stone masonry structures and the stone masonry portions of composite
structures. All Masonry for this project shall be Class B Masonry.
Masonry class is designated as follows:
(a) Class A masonry. Stones are shaped, dressed to within ¼ inch (6 millimeters) of true line, and laid in
mortar;
(b) Class B masonry. Stones are shaped, dressed to within ¾ inch (19 millimeters) of true line, and laid in
mortar; and
MATERIALS
Conform to the following Section and Subsections:
Concrete 601 All concrete for bases and footings shall be Concrete (Class B), Class D can be used in place of
Class B.
Mortar 704.04
Reinforcing steel 602
Rock for masonry structures 506.02.
1) Rawlins Moss Rock or equal, similar in appearance to the existing stone masonry veneer at the Rocky
Mountain National Park – Fall River Visitor Center.
The rock material / source pile must be approved prior to construction and cannot be changed without approval.
Existing Stone Masonry Veneer at Fall River
Visitor Center
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REVISION OF SECTION 601
STONE MASONRY
CONSTRUCTION REQUIREMENTS
Submit stone samples representing the range of colors and sizes to be used 14 days before beginning work.
Masonry stone may be required to be selected at the source prior to shipment to the project site at the request of
the Engineer.
Keep an adequate inventory of stone on the site to provide a variety of stones. Mix new stone with existing stone
to produce a uniform pattern and color.
Stone masonry work is performed by a licensed stone contractor experienced in this type of work.
Submit for review and approval by the Engineer substantiating evidence that the contractor or subcontractor(s)
is (are) qualified by previous experience in construction of stone masonry. Include the following:
(a) A list of representative jobs (with photos and locations where the work can be inspected) the Contractor or
subcontractor has completed using the various procedures required to accomplish this type of work, i.e.,
furnishing, selecting, and placing the stone.
(b) The name and work history of the person(s) employed by the Contractor or subcontractor(s) who will be in
direct supervision of the stone masonry operations. Include a list of projects that such person(s) has been in a
position of responsibility for and has successfully completed while in the employment of the Contractor or its
subcontractor(s).
Perform excavation and embankment according to Section 206.
Dressing Rock. Remove thin or weak portions of rock. Dress face rock bed and joint lines to a maximum
variation from true line as follows:
Dimensioned masonry Reasonably true
Class A masonry ¼ in (6 mm)
Class B masonry ¾ in (19 mm)
(a) Bed surfaces. Dress face rock bed surfaces normal to the face to a depth of 3 inches (75 millimeters).
Beyond that point, do not exceed 1 inch (25 millimeters) in 12 inches (300 millimeters) the departure from
normal for dimensioned masonry or 2 inches (50 millimeters) in 12 inches (300 millimeters) for other classes.
(b) Joint surfaces. For dimensioned masonry, dress face rock joint surfaces normal to the bed surface. For other
classes of masonry, dress face rock joint surfaces to form an angle with the bed surface of not less than 45
degrees.
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REVISION OF SECTION 601
STONE MASONRY
Dress face rock joint surfaces normal to the face to a depth of 2 inches (50 millimeters). Beyond that point, do
not exceed 1 inch in 12 inches (25 millimeters in 300 millimeters) departure from normal.
Do not round corners at the meeting of the bed and joint lines in excess of the following radii:
(1) Dimensioned masonry No rounding
(2) Class A masonry No rounding
(3) Class B masonry 1 inch (25 millimeters)
(4) Rubble masonry 1½ inches (38 millimeters)
(c) Finish for exposed faces. Remove drill or quarry marks from exposed faces. Pitch face stones to the line
along beds and joints.
Provide an irregular projecting surface without tool marks, concave surfaces below the pitch line, and
projections beyond the specified pitch line. No projections 1½ inches beyond the pitch line.
Placing Stone. Do not place stone masonry when the ambient temperature is below 32 °F (0 °C).
Clean stones and moisten before placing. Use hand tools to clean the exposed faces of the stones of mortar when
removing and resetting stone masonry. Clean and moisten the bed. Clean the bearing surface and moisten before
spreading the mortar bed on footings.
Level the cross beds for vertical walls. Lay beds for battered walls from level to normal to the batter line of the
face of the wall.
Place stone to provide a consistent pattern. Lay stones with the longest face horizontal and the exposed face
parallel to the masonry face.
Construct masonry joints to the thicknesses shown in Table 601-1 for face stones. Construct head joints
vertically in dimensioned masonry. Construct head joints in other masonry classes at angles with the vertical
from 0 to 45 degrees.
Place stones with their major axes horizontal so that in no case will four corners of adjacent stones be
contiguous. Place stones so that a minimum of 75 percent of the stones form a vertical joint between adjacent
horizontal stones. Place stones so that a minimum of 90 percent of the beds are horizontal. Do not use spalls for
the chinking along the joints of the exposed faces. Place stones so that continuous bedding joints along stone
faces do not exceed 3 feet in length or the combined length of the three stones. Bond each face stone with all
contiguous face stones at least 6 inches longitudinally and 2 inches vertically. Place stones so that continuous
vertical joints do not exceed the combined length of two stones.
Furnish a variety in the size of stones; as a general rule not over 10 percent will be of equal dimensions. Provide
a variety in the spacing of the various sized stones. Do not stack, serpentine, rosette, cluster, set in a linear
pattern, nest, or bunch groups of similar sized stones.
Maintain completed masonry at a temperature above 40 °F (4 °C) for 24 hours after construction.
Remove stones loosened after the mortar has taken initial set, clean off the mortar, and relay the stone with fresh
mortar.
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REVISION OF SECTION 601
STONE MASONRY
Thoroughly clean and wet all stone immediately before being set, and clean and moisten the bed which is to
receive the stone before the mortar is spread. Keep the stone free from dirt, oil or any other deleterious material,
which may prevent the proper adhesion of the mortar or detract from the appearance of the exposed surface. Lay
stones in full beds of mortar, ensure the other joints for each stone are flushed with mortar. The Project Engineer
may direct the lifting and resetting of stones to assure proper bedding.
Table 601-1
Masonry Joint Thicknesses
Class Bed Joint Head Joints
Dimensioned ⅜ – 1 inches
(10 – 25 millimeters)
¾ – 1 inches
(19 – 25 millimeters)
Class A ½ – 2 inches
(13 – 50 millimeters)
½ – 1½ inches
(13 – 38 millimeters)
Class B ½ – 2 inches
(13 – 50 millimeters)
½ – 2 inches
(13 – 50 millimeters)
Provide wider joints generally adjacent to larger stones and narrow joints generally adjacent to smaller stones.
Pointing.
(a) Pointing new joints. Crown the joint mortar slightly on top surfaces to provide drainage.
Rake top surface joints to a depth of 1/4 inch maximum with a concave tooled finish. Rake all other joints and
beds to a depth of between 1/2 inch and 3/4 inch with a flat (square) tooled finish. After tooling, rub the joints
with a stiff broom to remove sheen. Immediately after being laid, and while the mortar is fresh, thoroughly
clean all stone of mortar stain using fiber brushes and mild alkaline abrasive cleaner containing no caustic or
harsh filler; begin at the top and work down. Leave stones clean and free of mortar stains or traces of cleaning
compound.
(b) Repointing joints. Remove loose mortar from joints using a small mason’s chisel, small pneumatically-
power chisel, or other raking tool approved by the Project Engineer. Do not use power saws or grinders.
Demonstrate proficiency if power equipment is used before removing mortar from the structure. Remove mortar
to a depth of two and one-half (2.5) times the width of the joint. Remove dirt or vegetation with a wire brush or
other approved tools. Clean joint of loose fragments and dust with pressurized air or water.
Construct a 36-inch (900-millimeter) test section of joint along the structure for approval before continuing with
work. Approved test section may be incorporated into the work. Moisten adjacent stone before filling the joint.
Do not place mortar to a depth greater than two and one-half times the joint width. Place mortar in layers of
approximately ¼ inch (6 millimeters) for joints deeper than ⅛ inch (3 millimeters). Add successive layers once
mortar has reached thumb-print hardness. Tool the final layer to match the approved joint appearance.
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REVISION OF SECTION 601
STONE MASONRY
Clean excess mortar and stain from stone masonry using a bristle brush after the mortar has dried, but before the
initial set. Do not use chemicals for cleaning. Protect masonry during hot or dry weather by keeping it moist for
at least 3 days after the work is completed.
Facing of Concrete (Masonry Veneer) – Concrete placed before stone. Set galvanized metal anchor slots
flush with the projected face of concrete. Set the slots vertically at maximum horizontal spacings of 24 inches.
Use foam filled slots to prevent filling with concrete.
Fit the metal anchors in the slots at a maximum vertical spacing of 24 inches. Extend the anchors to within 2
inches of the face of the stones.
If the shape of the concrete face is unsuitable for the use of metal slots, use 9 gage galvanized iron wire ties at a
rate of six ties for each square yard (seven ties for each square meter) of exposed surface.
Keep the concrete face continuously wet for 2 hours preceding the placing of the stone and fill interstices with
mortar or with spalls surrounded by mortar.
METHOD OF MEASUREMENT
Accepted quantities will be paid for at the contact unit price per unit of measurement for each of the pay items
listed below that appear in the bid schedule. Stone Masonry Veneer will be measured by the finished square foot
surface area of the exterior faces including the vertical faces and exposed tops.
BASIS OF PAYMENT
Payment will be made under:
Pay Item Pay Unit
Stone Masonry Veneer Square Foot
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REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.01 shall include the following:
This Work shall consist of constructing concrete bikeway, concrete sidewalk, and curb ramps in accordance
with the lines and grades shown on the plans.
Subsection 608.02 shall include the following:
Bikeway concrete shall be mixed with fibermesh reinforcing strands (or approved equal), at the rate of 1.5
pounds per cubic yard. Mixing, placing and finishing shall be performed according to manufacturer’s
recommendations. An accelerator may be used in Class B concrete if approved by the Engineer.
Concrete Color:
Concrete color shall be Davis Colors #5084 – Omaha Tan unless otherwise shown in the plans. Colors shall be
mixed and proportioned according to the manufacturer’s recommendations. Curing compounds shall be clear
and according to the manufacturer’s recommendations.
Concrete repair materials shall be epoxy resin based, rapid setting, non-shrink products specially developed for
all-weather exterior slab edge crack or spall repair. The use of repair products in place of removal and
replacement of unacceptable, defective or failing work will be limited to isolated areas less than two inches in
width and will be subject to the discretion of the Engineer. Store, mix, and place the concrete repair material in
strict accordance with manufacturer's recommendations.
Subsection 608.03 (b) shall include the following: Forms:
“Bender boards” or thin plank forms with adequate supports shall be used on all trail concrete with curves of
less than 75 foot radius. Bender board forms shall be cleated together for the full depth of the form. In no
event shall forms be removed while the concrete is sufficiently plastic to slump.
If slip-form paving is proposed the Contractor must provide all submittals and information requested by the
Engineer for review and consideration prior to construction. The slip form paving machine must be self-
propelled, controlled by offset stringlines. A minimum 20 ft. long test section is required. The Contractor must
also provide a means for verifying the string line setup prior to paving. Coring may be required. If approved,
slip forming must meet the performance requirements specified herein.
Subsection 608.03 (c) shall include the following:
Limitations on Placing Concrete:
Weather Limitations on placing concrete shall conform to Subsections 601.12 (a) (b) and (c).
Unless adequate protection is provided and approved by the Engineer, concrete shall not be placed during
precipitation events. Concrete shall not be placed when the temperature is 35 degrees Fahrenheit or below.
Adequate precautions shall be taken to protect all concrete after it is placed and to prevent the temperature of
the deposited concrete from falling below the specified minimum temperature during the specified minimum
time periods.
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REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
In Subsection 608.03 (d), second paragraph, delete “and all Joints” and include the following:
All slabs shall have a medium brush finish perpendicular to the direction of travel. Obtain approval of the
Engineer for the finish on a test section if required, and on the first 20 ft. section placed prior to proceeding
with finishing operations.
The float shall be at least 10 feet in length, operated longitudinally, or in such a way that transverses waves are
minimized over the surface of the concrete. Form clamps and braces shall be so constructed as not to interfere with
the operation of this float.
The top and edge of the sidewalk slab shall be true and straight, of uniform width, free from humps, sags or other
irregularities. When a straight edge 10 feet long is laid on the top surface or edge of the trail slab, the surface shall
not vary more than 1/8” from the edge of the straightedge, except at grade changes or curves. The surface
irregularity tolerance shall also apply across joints.
Where lids and boxes are within the bikeway or sidewalk the finish grade of the lids shall be adjusted to be flush or
1/8” maximum below the finish concrete surface. Replace dimpled lids with lids with minimal relief as directed by
the Engineer.
The Contractor shall clean at his expense all discolored concrete, and concrete that has undesirable foreign
substances on it, (grease, concrete splatters, etc.). The concrete may be cleaned by abrasive blast cleaning or other
methods approved by the Engineer.
Subsection 608.03 (e) deleted the first paragraph and replace with the following:
Contraction (weakened plane) joints, 1/8 inch wide, shall be constructed at the intervals noted on the drawings
as directed by the Engineer, or equal to the width of trail or sidewalk installed if not directed or specified
otherwise. The joints shall be constructed to a depth of 1/3 the concrete depth by saw cutting.
Construct tooled weakened plane joints only if specifically noted on the drawings, or where pre-approved by the
Engineer.
Shallower cuts made with early-entry, dry-cut saws will be considered an acceptable alternate when submittals
documenting proven performance of this method by the Contractor on previous projects are submitted to and
approved by the Engineer. Where saw cuts abut other construction, the length of the proposed cut which cannot
be sawn shall be tooled out from the obstruction the required distance. Slabs that experience shrinkage cracking
due to inadequate joint depth or due to untimely and improper saw cutting shall be removed and replaced at the
Contractor’s expense.
Expansion joints, 1/2 inch wide by full slab depth, shall be installed at each side of structures, at maximum 300
foot intervals along the sidewalk alignment, at locations shown on the plans or detail drawings, to match
existing expansion joints, or as directed by the Engineer. Expansion joints shall consist of preformed joint filler
and sealant conforming to the provisions herein. See “Dowel and Tie Bar Installation” below for dowel
requirements at sidewalk and bike path transverse expansion joints.
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REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
Expansion joints shall also be formed around all appurtenances such as manholes, catch basins, lighting
structures, etc., extending into and through the trail or curb. The Contractor shall attempt to locate expansion or
contraction joints to intersect isolation joints in a symmetrical manner.
Where adjacent gutters, or curb and gutter or other concrete shoulders or aprons are constructed separately from
the bikeway or sidewalk, transverse joints shall generally match those on the bike way or sidewalk.
Dowel and Tie Bar Installation:
For 8-ft. wide and wider bike paths and sidewalks and where specifically noted: Smooth dowel bars shall be
placed in the forms at each expansion joint.
Dowels shall be set level and parallel to one another and parallel to the center line of the slab. Dowels placed
through expansion joints shall have end expansion caps.
Tie bars are required for construction joints, but the tie bar pullout test is not required.
Subsection 608.03(f) shall be revised to include the following:
Concrete shall not be left exposed for more than 1/2 hour between the time finishing is completed and
commencement of curing treatment unless approved by the Owner.
Sections of trail which develop random cracking shall be removed and replaced, or repaired in a satisfactory
manner to the Owner by the Contractor at his expense.
Add the following Subsection 608.03 (g):
Concrete Testing:
Routine testing to determine the acceptability of the concrete will be performed. These tests will include, as a
minimum, the following:
1. Slump
2. Air Entrainment
3. Compressive Strength
Slump and air entrainment testing shall be performed immediately after 10% of first batch has been discharged
and shall be in accordance with Subsection 601.17(a) and (b). Sampling shall be done at the final point of
discharge.
Compressive strength testing shall include the taking of 5 concrete cylinders for each 100 cubic yards, or
fraction thereof, placed in any one day. Sampling shall be from the middle of a batch.
Cylinders shall be broken as follows:
1 cylinder at 7 days;
2 cylinders at 28 days
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REVISION OF SECTION 608
SIDEWALKS AND BIKEWAYS
The remaining cylinders shall be retained for breaking at a later date, as directed by the Engineer.
Acceptance of concrete strength shall be in accordance with Subsection 601.17(c.)
Warranty:
The Contractor shall guarantee against all defects in material and equipment incorporated in, and warrant all
workmanship on the concrete work items for a period of two (2) years. Defects will be identified by the Project
Engineer and are based on the following:
1) Vertical displacement greater than ½ inch at cracks or joints in the sidewalk or curb ramp.
2) Cracks in the sidewalk or curb ramp greater than 1/4-inch width.
3) Localized heaving or settlement of the sidewalk or curb ramp.
4) Scaling or spalling of the concrete surface to a depth greater than ¼ inch.
In an emergency, the Contractor shall repair all deficiencies within 48 hours of notification by the Engineer.
All other deficiencies shall be identified by the Engineer prior to the end of the 2-year warranty period with
written notification sent to the Contractor. The Contractor shall repair all deficiencies prior to final Acceptance.
In the event the Contractor should fail to make such repairs, adjustments, or performs other necessary work
required to correct any deficiencies, the Engineer may do so and charge the Contractor the cost thereby incurred.
The Contractor’s Performance and Payment Bond shall remain in full force and effect through the two (2) year
guarantee and warranty period.
Subsection 608.06 is revised to include the following:
Pay Item Pay Unit
Concrete Bikeway (6-Inch) (Colored) Square Yard
Dowels and tie bars, as well as fibrous polypropylene filaments will not be paid for separately, but shall be
included in the work.
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REVISION OF SECTION 608
DETECTABLE WARNINGS
Section 608 of the Standard Specifications is hereby revised for this project as follows:
Subsection 608.01 shall include the following:
This work includes the installation of detectable warnings on concrete curb ramps as shown on the plans.
Subsection 608.02 shall include the following:
Detectable warnings shall be truncated dome plates of the dimensions shown on the plans. Domes shall be
prefabricated by the manufacturer as a pattern on embeddable surface plates.
Plates shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when
installed, shall be capable of producing the pattern of domes shown on the plans.
The detectable warning plates used shall be cast iron East Jordan Iron Works (EJIW) Detectable Warning Plates,
or an approved equivalent product.
Cast iron plates with a “rust” colored tone, or “Natural Finish” as produced by East Jordan Iron Works.
The domes and their underlying surface shall have a discernible contrast of color from the adjacent surface. The
contrasting colors shall not be black and white.
When plates are used, prior to the start of work, the Contractor shall submit appropriate documentation from the
manufacturer verifying that the contrast has been met, along with a sample plate, to the Engineer for approval.
Subsection 608.03 shall include the following:
(g) Detectable Warnings.
1. Plates. Prior to installation of the plates, concrete conforming to subsection 608.02 shall be installed
and consolidated as a base for the plates. The concrete shall be placed to a thickness that will allow the
base surface of the plates to be at the same elevation as the adjacent concrete. The plates shall be
embedded into the plastic concrete in accordance with the manufacturer’s specifications.
Subsection 608.05 shall include the following:
The unit price for the truncated domes will be per the unit price and will include all of the materials. All work
and materials necessary for fabrication, transport, and installation of all aspects of the truncated domes will be
considered incidental to the Unit Bid Price.
Subsection 608.06 is revised to include the following:
Pay Item Pay Unit
Truncated Domes Square Feet
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REVISION OF SECTION 619
WATERLINES
Section 619 of the Standard Specifications is hereby revised for this project as follows:
Subsection 619.01 Delete second paragraph and replace with the following:
Waterlines shall be installed accordance with the 2016 Town of Estes Park Water Systems Engineering Design
Standards.
https://www.colorado.gov/pacific/sites/default/files/20161221%20Design%20Standards%20with%20Standard%20Drawing
s-Complete%20and%20signed.pdf
Work will consist of exposing the existing 12-inch waterline on either side of Fall River and removing
approximately 5-feet of pipe. The contractor shall then install restrained flange couplers, end caps, and 1.5-inch
taps on the pipe to remain. A 1.5-inch HDPE waterline will then connect the two mains utilizing the abandoned
pipe as a casing pipe.
A 1.5-inch temporary water bypass shall be installed to minimize disruption of water service during relocation
work. This temporary bypass may not be needed depending on the site conditions and anticipated disruption of
water service.
Subsection 619.02 shall include the following:
Material shall be 1.5-inch HDPE waterline and as shown on the plans
Subsection 619.05 is revised to include the following:
Payment will be made under:
Pay Item Pay Unit
Temporary Water Service 1.5-inch Lump Sum
1.5-Inch HDPE Water Service Lump Sum
Excavation, backfill, site restoration, and all necessary pipe materials including restrained flange couplers, end
caps, 1.5-inch taps, and 1.5-inch HDPE pipe shall be included in the lump sum price.
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
Section 628 is hereby added to the Standard Specifications for this project as follows:
DESCRIPTION
628.01 This work consists of the design, fabrication, and erection of a simple span, welded self weathering steel
(ASTM A 709 Grade 50W), pedestrian truss bridge with concrete deck in accordance with the specifications and
plan details.
Potential bridge suppliers are:
1. Big R Manufacturing LLC
19060 County Road 66
Greeley, Colorado 80631
1-888-339-1684
2. Steadfast Bridges
4021 Gault Ave. South
Fort Payne, Alabama 35967
256-845-0154
3. Excel Bridge Manufacturing Company
12001 Shoemaker Avenue
Santa Fe Springs, California 90670
562-944-0701
4. Continental Pedestrian Truss (Contech)
9025 Centre Pointe Drive
West Chester, Ohio 45069
1-800-338-1122
5. Wheeler Lumber, LLC
9330 James Avenue South
Minneapolis, Minnesota 55431
952-929-7854
MATERIALS
628.02 Structural Steel. All structural steel shall be new (unused) material and shall conform to the
requirements in Section 509. Floor beams, stringers, and members of each truss (upper and lower chords,
diagonals, end posts and vertical posts) utilized in the bridges shall meet a longitudinal Charpy V notch (CVN)
values per Table C6.6.2.1-1 of the AASHTO LRFD Bridge Design Specifications for Temperature Zone 2
(typically 25 ft. lbs. at 40 degrees Fahrenheit). Testing shall be in accordance with AASHTO T 243 (ASTM A
673). The H frequency of heat testing shall be used. The Contractor shall provide the Engineer with copies of
all certified mill test reports and CVN test reports. Minimum thickness of closed structural tubular members
shall be 1/4 of an inch.
All square and rectangular structural steel tubing shall conform to the requirements of ASTM A 847, Cold-
Formed Welded and Seamless High Strength, Low Alloy Structural Tubing With Improved Atmospheric
Corrosion Resistance.
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
All structural steel shapes and plates shall conform to the requirements of ASTM A 588, High-Strength Low-
Alloy Structural Steel.
All anchor bolts and nuts shall conform to the requirements of ASTM A 307, Grade A, Carbon Steel Bolts and
Studs, and shall be galvanized in accordance with the requirements of ASTM A 153. Each anchor bolt shall be
provided with two nuts for jamming.
All structural steel field connections shall be bolted with high strength bolts. High strength bolts, including
suitable nuts and plain hardened washers, shall conform to the requirements of ASTM A 325. Bolts shall be
Type 3.
CONSTRUCTION REQUIREMENTS
628.03 Concrete. When concrete deck is used, concrete shall be Class D (Bridge) unless specified otherwise in
the plans. The concrete and reinforcement shall conform to the requirements in Sections 601 and 602
respectively.
628.04 Design. The current editions of the AASHTO LRFD Bridge Design Specifications, LRFD Guide
Specifications for the Design of Pedestrian Bridges, and CDOT Bridge Design Manual Section 31, shall govern
the design.
All welded tubular connections shall be designed in accordance with Section 2, Part A and Section 9, Part A of
the Structural Welding Code-Steel ANSI/AWS/D1.1 (Latest Edition).
Openings between horizontal or vertical members on pedestrian railings shall be small enough that a
4 in. sphere cannot pass through them for the lower 34” of the pedestrian rail.
Half-inch (½) diameter drain holes shall be drilled (flame cut holes will not be allowed) at all low points of all
steel tubing members as oriented in the in-place, completed structure. In members that are level, or flat, a total
of two drain holes shall be drilled, one at each end. Drain holes and their locations shall be shown on the Shop
Drawings.
628.05 Submittals. The Contractor shall submit certified copies of all the required submittals per Section 105
and this specification to the Engineer.
628.06 Shop Fabrication. Welding and fabrication of weathering steel pedestrian bridges shall conform to the
requirements of the Structural Welding Code-Steel ANSI/AWS D1.1 (Latest Edition) as amended by the
following:
1. As required in Subsection 4.7, a welding procedure shall be established by qualification in accordance with
the requirements of Subsection 3.3 for the ASTM A 847 material used on the bridge. The results of the
Procedure Qualification shall be recorded on Form M1 in Annex M of AWS D 1.1.
2. The Contractor shall submit a Quality Control Plan. The Plan shall include personnel qualifications,
certifications, and a Written Practice in accordance with ASNT SNT-TC-1A.
3. The quality of all welds shall be in accordance with Section 6, Table 6.1 for non- tubular and Section 9 and
9.16 for tubular. In Table 6.1, Undercut 7(B), the criteria for primary members shall apply to the bottom
chord members.
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REVISION OF SECTION 628
BRIDGE GIRDER AND DECK UNIT
4. All Complete Joint Penetration Groove Welds in butt joints in the bottom chord members shall be
100% Magnetic Particle tested in accordance with ASTM E709. Acceptance shall be determined in
accordance with Section 6.10 and Table 6.1 for non-tubular using alternating Current. Section 9 and
Table 9.16 for tubular, UT in accordance with 9.27.1. In addition, complete joint penetration groove
butt welds welded from one side without backing of bottom chord members shall be examined by
ultrasonic testing in accordance with Section 6.11.
5. Magnetic Particle Testing shall be performed on 100% of all attachment welds to the bottom chord,
using Alternating Current, in accordance with Section 6.10 and Table 6.1 for non-tubular, Section 9
and 9.16 for tubular.
6. Welder Qualification Test Records shall follow 4.2.3 Period of Effectiveness.
The structure shall conform to the clear span, clear width, structure depth, railing and any other requirements as
shown on the plans. For bridges seven feet and wider, post with an R12-1 weight limit signs in conformance
with MUTCD.
All weathering steel shall be blast cleaned, Steel Structures Painting Council Surface Preparation No. 6 (SSPC-
SP6, Commercial Blast Cleaning), to remove mill scale and foreign material which would prohibit rusting to a
uniform color.
628.07 Field Construction. The substructure shall be constructed in accordance with the details shown in the
plans and the pedestrian bridge shop drawings. Before construction begins on the substructure, the Contractor
shall determine the anchor bolt requirements and substructure dimensions needed to properly erect the structure.
The Engineer shall be provided with two copies of detail sheets delineating these requirements before work
begins.
The Contractor shall comply with CDOT Standard Specification Subsection 509.26 through 509.31 for Field
Construction Requirements paying particular attention to Section 509.28 for Connections Using High-Strength
Bolts. Fastener assemblies shall be tested using a Calibrated Tension Measuring Device. DTI washers shall be
subject to tension verification by use of a separate direct tension measuring device.
628.07 Pedestrian bridge will be measured by the complete Bridge Girder and Deck Unit installed and
accepted.
BASIS OF PAYMENT
628.08 The accepted quantity shall be paid for at the contract unit price for the pay unit listed below. Payment
will be made under:
Pay Item Pay Unit
Bridge Girder and Deck Unit (90 Feet) Each
Bridge Girder and Deck Unit (100 Feet) Each
Payment shall be full compensation for all work necessary to complete the item, which shall include design,
fabrication, transportation to the bridge site, and erection and construction including the reinforced concrete
deck. The substructure shall be measured and paid for separately, anchor bolts shall be included in item 628.
Payment will not be made for this item until all required reports, certifications, and forms have been submitted
to the engineer.
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REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Section 630 of the Standard Specifications is hereby revised for this project as follows:
Subsection 630.13shall include the following:
All signing and traffic control devices required to implement the approved TCP shall not be individually
measured but shall be incidental to the lump sum measurement of traffic control.
Signs damaged due to Contractor operations shall be replaced in kind or repaired by the Contractor at no
additional cost to the project.
All advanced construction signing shall be installed prior to any construction activity and remain in place for all
phases of construction. Road Work advance sequence signs shall be reset as required to match current locations
of initial traffic control devices.
Resetting of construction signs as required by the work is considered incidental to the project and will not be
paid separately.
Masking of existing/permanent or temporary signs as required by the work is considered incidental to the project
and will not be paid separately.
Contractor is required to reset a number of permanent signs as part of the project. Payment for this item is
included separately as Reset Ground Sign. Additional resets that may be required during the phasing of the
work are considered incidental to the project and will not be paid separately.
In the event the Contractor fails to complete the project within the allowable Contract time, including time
extensions, the Contractor will bear all costs associated with the additional traffic control required by the project
including all flagging, traffic control supervision, rental and maintenance of traffic control devices, etc. until the
project is completed.
Subsection 630.18 shall include the following:
Payment shall be full compensation for furnishing, erecting, cleaning, maintaining, moving, removing, and
disposing of construction traffic control devices necessary to complete the work.
Payment will be full compensation for all work items necessary to complete the construction of the project
including, but not limited to:
1. Preparation and submittal of MHT, and required services of Traffic Control Supervisor.
2. The rental/ purchase, fabrication, installation and maintenance of all equipment, signs, channelization
devices, etc. during construction of the project.
3. Removal of existing striping and removal of temporary striping required to implement each phase of the
Traffic Control Plan.
4. Pedestrian access shall be provided and flaggers should assist pedestrians around the work zone if
required.
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REVISION OF SECTION 630
CONSTRUCTION ZONE TRAFFIC CONTROL
Payment will be made under:
Pay Item Pay Unit
Construction Traffic Control (Lump Sum)
Partial payments for Construction Traffic Control will be made according to the following schedule:
25 percent of the bid amount will be paid on the first pay request for work performed.
When 50 percent of the original contract amount is earned, 50 percent of the bid amount will be paid.
When 75 percent of the original contract amount is earned, 75 percent of the bid amount will be paid.
100 percent of the contract amount for construction traffic control will be paid when the project is fully
complete as determined by the Project Engineer.
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TRAFFIC CONTROL PLAN – GENERAL
The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10(a).
The components of the TCP for this project are included in the following:
(1) Subsection 104.04 and Section 630 of the specifications.
(2) Schedule of Construction Traffic Control Devices
(3) Signing Plans
(4) Construction Phasing Details
(5) Detour Details
(6) Miscellaneous requirements of the Town of Estes Park
Unless otherwise approved by the Engineer, the Contractor’s equipment shall follow normal and legal traffic
movements. The Contractor’s ingress and egress of the work area shall be accomplished with as little disruption
to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to
that used for installation. This may require moving backwards through the work zone. When located behind
barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction
opposite to adjacent traffic.
Special Traffic Control Plan requirements for this project are as follows:
1. During the construction of this project, traffic shall use the present traveled roadway unless otherwise
identified on the plans or approved by the Engineer.
2. The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time,
unless approved by the Engineer.
3. The Traffic Control Plan shall be submitted to Town of Estes Park Public Works Department Engineering
Division for review and approval at the Pre-Construction Meeting. The Public Works Department shall
have at least 72 hours notice prior to approve all upcoming projects. Work on any project shall not
commence without an approved traffic control plan. A copy of this plan shall be kept on site at all times.
4. Working hours are strictly enforced. The working hours for Fish Hatchery Road are from 7 AM to 7 PM.
If work will run beyond the established working hours for the area, the Contractor must connect with the
Public Works Department Office at (970) 577-3587 or publicworks@estes.org to request to work outside
the established hours.
• No work on Memorial Day, Independence Day, Labor Day, Thanksgiving day, the Friday after
Thanksgiving day, Christmas Eve day, Christmas Day, and New Years Day.
• Contractor shall coordinate lane closures with adjacent projects and special events.
• Contractor shall maintain business access during business hours.
5. The contractor shall not deviate from the original approved Traffic Control Plan. If the original Traffic
Control plan requires modification, the contractor must submit a revised plan to the Public Works
Department for review and approval.
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TRAFFIC CONTROL PLAN – GENERAL
6. If streets are approved for partial or complete closures, please contact Emergency Services prior to starting
work. Call the non-emergency Police Dispatch number at 970-586-4000 and they will notify Police, Fire,
and Medical.
7. Unless otherwise pre-approved by the Public Works Department, all streets must be open to local traffic
and emergency vehicle access.
8. All locations that are to be left unfinished overnight must be protected with appropriate barricade devices.
All barricading shall be done in accordance with the MUTCD. If barricades are to be left up overnight they
must be lit. It is the contractor's responsibility to field inspect the work site after dark to insure that all lights
are operating properly.
9. Upon completion of work for the day all construction signs must be made so that they are not visible to
traffic and do not pose a hazard to vehicles, bicycles and/or pedestrians.
10. Loose materials in storage areas must be fenced or otherwise secured to prevent vandalism, theft, and
property damage. If fill material or equipment is stored on a street, it must be delineated with lighted
barricades. Sidewalks shall not be used to store equipment or fill materials. Sight distance from
intersections must be maintained around the stored materials.
11. The Contractor shall install construction traffic control devices where they do not block or impede other
existing traffic control devices or sidewalks for pedestrians, people with disabilities, or bicyclists.
12. Vertical cuts or fills greater than 1 inch resulting from construction operations within the clear zone of
adjacent traffic lanes shall be temporarily sloped at a 6:1 or flatter slope, and delineated at 50 foot intervals
immediately after removal operations to safeguard the traveling public.
13. Construction equipment used on this project shall meet the same minimum exhaust requirements as those
specified by the manufacturer of the equipment.
14. The Contractor and subcontractors shall equip their construction vehicles with flashing amber lights.
Equipment to be used at night shall also be equipped with flashing amber lights. Flashing amber lights on
vehicles and equipment shall be visible from all directions.
15. Parking areas temporarily disturbed by construction activities shall be restored to a useable condition
during non-working hours. Such temporary parking shall utilize an all-weather surface. The Contractor
shall develop an Access Maintenance Plan in coordination with, and based on the requirements of, the
affected property owners and tenants, and submit it to the Engineer for approval prior to commencement of
work. This plan shall detail all barricades, ramps, signs, and temporary means of access required by the
property owners or tenants. Prior to commencing any work which affects access to a property, the Access
Maintenance Plan for that property must be submitted and approved by the Engineer.
16. The Access Maintenance Plan shall be coordinated with all affected property and business owners and
residents and tenants. The Access Maintenance Plan shall include documentation of this coordination. All
access shall be maintained on surfaces equal to or better than those existing at the time the access is first
disturbed. For short periods of time only as allowed by the Engineer, access may be maintained on an
aggregate base course surfaces.
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TRAFFIC CONTROL PLAN – GENERAL
17. During non-construction periods (evenings, weekends, holidays, etc.) all work shall be adequately
protected to insure the safety of vehicular and pedestrian traffic, as detailed in the Contractor’s MHT.
Excavations or holes shall be filled in or fenced when unattended.
18. Whenever the Contractor removes, obliterates, or overlays any pavement markings, he shall replace them
on a daily basis prior to opening the affected areas to traffic. All temporary pavement markings shall fully
comply with the Standard Specifications and Special Provisions.
19. All personal vehicle and construction equipment parking is prohibited where it conflicts with safety, access,
or the flow of traffic. Landscaped areas and roadway shoulders shall be kept clear of parking and storage
of all personal and construction equipment except where approved by the Engineer.
20. The Contractor shall not place tack coat on any surface to be paved where traffic will be forced to travel
upon fresh bituminous materials.
21. No work that interferes with traffic will be allowed on holidays or any day of a three-day or four-day
weekend that includes a holiday. Holidays on which this restriction applies consist of those holidays
recognized by the Town of Estes Park which include: Memorial Day, Independence Day, Labor Day,
Thanksgiving day, the day after Thanksgiving day, Christmas Eve day, Christmas Day, and New Years
Day. Additional non-working days may be specified by the Town.
22. All lane closures shall be subject to the approval of the Engineer. Request for each closure shall be made at
least 24 hours in advance of the time the lane closure is to be implemented. Lane closures will not be
allowed to remain unless being utilized in continuum for the intended purpose for which they were set up.
23. During non-working hours, the roadways shall be restored to a safe travel conditions for the free flow of
traffic. Any maintenance required to restore the roadways to this condition, including the pavement
patching and grading, shall be done prior to opening the areas to traffic or completing work for the day.
24. The Contractor shall clean the roadway of all construction debris and any trash before opening it to traffic.
25. All flagging stations used at night shall be illuminated with floodlights. Street, highway lights and “high
mast lighting” may be used for flagging station illumination when approved by the Engineer. Floodlights
shall be located and directed so as not to interfere with the sight of any motorists.
26. Prior to removal and resetting of any sign the Contractor and Engineer shall prepare an inventory. Any
signs damaged due to the Contractor’s operations shall be replaced in kind or repaired by the Contractor at
no additional cost to the project.
Unless otherwise noted, all costs incidental to the foregoing requirements shall be included in the original
contract prices for the project, including any additional traffic control items required for haul routes into
the project. Temporary fence required for protection of the work will not be paid for separately but shall
be included in the work.
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UTILITIES
Known utilities within the limits of this project are:
UTILITY CONTACT/EMAIL PHONE
Xcel Energy - Gas Jody Hutchinson /
jody.l.ellis@xcelenergy.com (970) 225-7834
CenturyLink Justin Wallace /
justin.wallace@centurylink.com (970) 381-8449
Upper Thompson Sanitation District Todd Krula / todd@utsd.org (970) 443-2463
Estes Park Power & Communications
Division Joe Lockhart /jlockhart@estes.org (970) 577-3613
Estes Park Water Division Chris Eshelman / ceshelman@estes.org (970) 577-3630
The work described in these plans and specifications requires coordination between the Contractor and the
utility companies in accordance with subsection 105.11 in conducting their respective operations as necessary to
complete the utility work with minimum delay to the project.
CONTRACTOR SHALL PERFORM THE WORK LISTED BELOW:
Coordinate project construction with the performance by the utility owner of each utility work element listed in Part
2 below. Perform preparatory work specified in Part 2 for each utility work element. Provide an accurate
construction schedule that includes all utility work elements to the owner of each impacted utility. Provide each
utility owner with periodic updates to the schedule. Conduct necessary utility coordination meetings, and
provide other necessary accommodations as directed by the Engineer. Notify each utility owner in writing, with a
copy to the Engineer, prior to the time each utility work element is to be performed by the utility owner. Provide the
notice the number of days specified in Part 2 immediately prior to the time the utility work must be begun to meet
the project schedule.
Provide traffic control, as directed by the Engineer, for any utility work by the utility owner expected to be
coordinated with construction. However, traffic control for utility work outside of typical project work hours
shall be the responsibility of the utility owner.
Perform each utility work element for every utility owner listed here in Part 1. Notify each utility owner in
advance of any work being done by the Contractor to its facility, so that the utility owner can coordinate its
inspections for final acceptance of the work with the Engineer.
Project Limits – All Utility Owners
Prior to excavating, the Contractor shall positively locate all potential conflicts with existing underground
utilities and proposed construction, as determined by the Contractor according to proposed methods and
schedule of construction. The Contractor shall modify construction plans to avoid existing underground facilities
as needed, and as approved by the Engineer. Please note that UNCC marks only its members’ facilities – Other
facilities, such as ditches and drainage pipes may exist, and it is the Contractor’s responsibility to investigate,
locate and avoid such facilities.
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UTILITIES
Xcel Energy - Gas
The Contractor will provide Xcel Energy written notice 10 days immediately prior to each utility work element
expected to be coordinated with construction.
The 2-inch steel gas line located in David Drive at STA 88+20 is in conflict with the proposed storm sewer. The
contractor shall coordinate relocation of the facility with Xcel prior to storm sewer work.
Estes Park Power & Communications Division – Electric:
Overhead Facilities (STA 83+60 to 88+20) in conflict with the project will be relocated prior to construction.
The Contractor shall verify relocation.
The Contractor shall coordinate with Estes Park Power & Communications Division and observe working
clearances and stability at all overhead facilities.
CenturyLink – Telecom:
CenturyLink will relocate an existing overhead pole located at STA 127+60. This pole will be located outside
of the proposed path pavement and away from the excavation area for the proposed bridge. Contractor to verify
relocation is completed prior to construction.
Contractor to coordinate with CenturyLink if temporary support of pole is needed at STA 139+05 RT.
Town of Estes Park Water Division:
Adjust manholes at STA 123+20 and 124+90.
Install new 1.5-Inch HDPE waterline as shown in the plans near STA 126+00 to STA 128+00.
Coordinate all required service interruptions and inspections with Town of Estes Park Water Division.
Maximum interruption duration is expected to be 8 hours. Provide a minimum 1.5” diversion waterline during
disruption, if required by the Town Water Division.
Contractor shall provide the utility owner written notice 5 days immediately prior to each required inspection.
UTILITY OWNERS SHALL PERFORM THE WORK LISTED BELOW:
The Contractor shall provide traffic control for any utility work expected to be coordinated with construction, as
directed by the Engineer. However, traffic control for utility work outside of typical project work hours shall be
the responsibility of the utility owner. The utility owner shall prepare and submit to a Method of Handling
Traffic for utility work to be performed outside typical project work hours. The utility owner shall obtain
approval of the Method of Handling traffic from the Engineer prior to beginning the utility work to be
performed outside typical project work hours.
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UTILITIES
The work listed below will be performed by the utility owners or their agents:
Xcel Energy - Gas:
Xcel Energy shall relocate their 2-inch steel gas line at STA 88+20 such that the line has adequate clearances
from the proposed excavation of the proposed CSP. This work may be completed during project construction.
Estes Park Power & Communications Division – Electric:
Estes Park Power Department will relocate overhead electric lines and power poles between STA 81+40 and
88+20 to the north side of Fish Hatchery Road prior to construction.
CenturyLink – Telecom:
CenturyLink will relocate an existing overhead pole located at STA 127+60. This pole will be located outside
of the proposed path pavement and away from the excavation area for the proposed bridge.
CenturyLink to provide temporary support of pole if needed at STA 139+05 RT.
Town of Estes Park Water Division Work Elements:
Inspect utility work performed by the Contractor listed above.
Upper Thompson Sanitation District - Sanitary Sewer:
Inspect utility work performed by the Contractor listed above.
GENERAL
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or
grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at
least two (2) business days, not including the day of notification, prior to commencing such operations. The
Contractor shall contact the Utility Notification Center of Colorado (UNCC) at (8-1-1) or 1-800-922-1987 to
have locations of UNCC registered lines marked by member companies. All other underground facilities shall
be located by contacting the respective company. Utility service laterals shall also be located prior to beginning
excavating or grading.
The location of utility facilities as shown on the plan and profile sheets, and herein described, were obtained
from the best available information.
All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the
work.
A Subsurface Utility Engineering (SUE) report has been prepared for the project and is included in the contract
documents. Generally, the project does not qualify for SUE requirements except at four locations where
excavations exceed 2-feet. The contractor shall review and become familiar with the information in the SUE
report prior working in SUE areas identified on the drawings.
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[For 2017 Spec Book]
COLORADO
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISIONS
FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
STANDARD SPECIAL PROVISIONS
No.
Name Date of Pages
Revision of Section 102 – Examination of Plans, Specifications, Special Provisions, (June 3, 2019) 1
and Site of Work
Revision of Section 103 – Consideration of Proposals (July 3, 2017) 1
Revision of Section 105 – Conformity to the Contract of (July 3, 2017) 1
Portland Cement Concrete Pavement
Revision of Section 105 – Cooperation by Contractor (May 1, 2019) 1
Revision of Section 105 – Cooperation with Utilities (June 3, 2019) 1
Revision of Section 106 – Supplier List (July 3, 2017) 1
Revision of Sections 106 and 601 – Concrete Test Reports (January 7, 2019) 1
Revision of Section 107 – Laws to be Observed (October 12, 2017) 1
Revision of Section 107 – Water Quality Control (March 27, 2019) 4
Revision of Section 108 – Determination and Extension of Contract Time (February 4, 2019) 1
Revision of Section 108 – Failure to Complete Work on Time (May 1, 2019) 1
Revision of Section 108 – Liquidated Damages (July 20, 2017) 1
Revision of Section 108 - Project Schedule (February 4, 2019) 6
Revision of Section 108 – Subletting of Contract (October 12, 2017) 1
Revision of Section 109 – Prompt Payment (Local Agency) (July 3, 2017) 2
Revision of Section 206 – Removability Modulus (October 12, 2017) 1
Revision of Section 208 – Erosion Control (March 27, 2019) 29
Revision of Section 213 – Mulching (April 25, 2018) 1
Revision of Section 250 – Environmental, Health and Safety Management (July 3, 2017) 3
Revision of Section 412 – Dowel Bars for Joints (Dec. 12, 2018) 1
Revision of Section 504 – Concrete Block Facing MSE Walls (June 12, 2018) 13
Revision of Section 504 – Concrete Panel Facing MSE Walls (June 12, 2018) 12
Revision of Sections 508, 614 and 710 - Treated Timber (April 25, 2018) 1
Revision of Section 601 – Cold Weather Placement and Curing of Bridge Decks (March 25, 2019) 1
Revision of Section 601 – Self Consolidating Concrete (Nov. 7, 2018) 2
Revision of Sections 601, 701 and 711 – Structural Concrete (Nov. 8, 2018) 3
Revision of Section 606 – Guardrail (July 17, 2018) 4
Revision of Section 625 – Construction Surveying (July 3, 2017) 1
Revision of Section 703 - Classification for Aggregate Base Course (October 12, 2017) 1
Revision of Section 706 - Concrete and Clay Pipe (May 1, 2018) 1
Affirmative Action Requirements – Equal Employment Opportunity (July 3, 2017) 10
Minimum Wages, Colorado, (May 10, 2019) 7
U.S. Department of Labor General Decision Number CO190014, MOD 1,
Highway Construction for Larimer, Mesa, and Weld counties.
Required Contract Provisions – Federal-Aid Construction Contracts (July 3, 2017) 14
Special Construction Requirements, Fire Protection Plan (July 3, 2017) 2
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Public Works Department
ADDENDUM
Number: _____1______
DATE: _2-3-2020_
Town of Estes Park Project: FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
Project Manager: Ryan Barr
The Bid Documents, previously prepared and issued on 1-23-2020 for the above project,
are hereby modified as described below.
Clarifications
Grants: Both grants to the Town (RTP & LWCF) include federal funding. During the
pre-bid meeting it was stated that only one was federal.
Museum Tours: There may be tours at the Hydroplant Museum from May-September on
Thursdays, Fridays, or Saturdays beginning at 1pm, 2pm, and 3pm. Similar to events at
the O’Connor Pavilion (see Special Conditions, Page 61 of 116) these impacts are
anticipated to be minor and will not constitute non-working hours unless agreed upon by
the Owner.
Potholing: Contractor shall perform utility potholing for the project as needed. Note that
near Pedestrian Bridge B the design engineer’s potholing subcontractor encountered river
rock (see tabular potholing results on Sheet 400) and was not able to confirm vertical
alignment of the existing water line in relation to the proposed bridge abutment.
Project Budget: The total project budget (including design, construction, construction
management, material testing, and contingency) is approximately $2.125 Million.
No Cost Permits: The Town can provide a Town Right-of-Way (ROW) permit at no cost
to the contractor. Rocky Mountain National Park (RMNP, Park) may provide Park
entrance passes to the contractor, or may notify the station employee to not charge
admission for contractors working on the Fall River Trail project.
Road Closure: A full road closure on Fish Hatchery Road may be permitted for a
maximum of two consecutive days, if necessary to assemble and set each pedestrian
bridge. Traffic control plans and detour routes must be approved for each proposed full
road closure setup. Maintain existing access routes.
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Harmony Foundation: The Town will have a trail easement in place for the trail
alignment across the Harmony Foundation property. The Town intends to secure a
Temporary Construction Easement (TCE) between the public roadway ROW and the trail
easement during construction.
RMNP Clarifications
Revised RMNP General Notes: See attached Revised Sheet 2000 for adjustments to the
general notes for the RMNP scope of work.
Seed: Park staff will provide the seed material for use within the Park.
Erosion Control: Straw wattles will not be permitted within the Park.
Boulders: Bid Item 213-00705 Landscape Boulder (Install Only) shall also include the
loading and transporting of the boulders from the Glacier Basin Pit to the project site.
Rebar: Rebar (#5) for the Parking Pad Section shall be included in cost of bid item 508-
00100 6” Diameter Treated Timber.
Tree Removal: There is a smaller/young evergreen tree on the northeast side of the
Aspenglen Campground footbridge which will need to be fully removed for the work.
This work shall be paid for by the Clearing & Grubbing item for the Park.
RMNP Road Bridge: The road bridge into Aspenglen Campground through the RMNP
Fall River Entrance Station is rated HS-20.
Contractor Questions
Q. Will there be staking along the trail alignment? Will there be anything to indicate the
proximity from trail to trees to remain?
A. Project staking for both trail alignment and limits of disturbance shall be
performed by the Contractor and paid for by bid line item 625 Construction
Surveying. The Contractor, Town Project Manager, and Parks Division
Supervisor will perform a walk through to establish environmental limits
and confirm trees for removal or protection.
Q. Does the Town keep any recycled asphalt or concrete?
A. All recycled asphalt pavement (removed asphalt mat) shall remain property
of the Town and shall be delivered to the Town’s Public Works yard at 666
Elm Road. Contractor will be responsible for disposing of recycled concrete.
Attachments
Pre-Bid Meeting Sign-In Sheet
Revised Bid Document Table of Contents
Revised Plan Set Cover Sheet
Revised RMNP Note Sheet
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FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
TABLE OF CONTENTS
Invitation to Bid………………………………………………………………………………….2
CONTRACT DESCRIPTION…………………………………………………………….2
SCHEDULE OF ACTIVITIES..………………………………………………………….3
Instructions to Bidders…………………..………………………………………………………5
1.0 BID DOCUMENTS……………………………………………………………….5
2.0 BIDDER’S UNDERSTANDING…………………………………………………5
3.0 BID SUBMISSION……………………………………………………………….5
4.0 SIGNATURES………………………………………………….…………………6
5.0 REJECTION OF PROPOSAL………………………………….…………………6
6.0 METHOD OF PAYMENT…………………………………………….………….6
7.0 SUBCONTRACTS…………………………………………………….………….6
8.0 AWARD OF CONTRACT………………………………………………………..6
9.0 RESPONSE MATERIAL OWNERSHIP………………………………………...7
10.0 WARRANTY……………………………………………………………………..7
11.0 SCHEDULE……………………………………………………………………….7
12.0 BIDS TO REMAIN OPEN SUBJECT TO ACCEPTANCE……………………..7
13.0 SIGNING OF AGREEMENT…………………………………………………….7
Contract and Bonds
CONSTRUCTION CONTRACT…………………………………………………………8
PERFORMANCE AND PAYMENT BOND……………………………………………15
BID BOND………………………………………………………………………………17
UNIT PRICE BID SCHEDULE ……...…………………………………………………19
CONTRACTOR INFORMATION FORM……...………………………………………20
FEDERAL BID AND CONTRACT PROVISIONS…………………………………….23
General Conditions
GENERAL CONDITIONS…………………………………………………………...…38
Special Conditions
SPECIAL CONDITIONS………………………………………………………………..61
Special Provisions
PROJECT SPECIAL PROVISIONS……………………………………………………..64
STANDARD SPECIAL PROVISIONS………………………………………………...116
Construction Documents
PROJECT PLANS – FALL RIVER TRAIL
Addendum 1 - 2/3/2020 Page 1 of 116
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Town of Estes Park
Public Works Department
ADDENDUM
Number: _____2______
DATE: _2-5-2020_
Town of Estes Park Project: FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
Project Manager: Ryan Barr
The Bid Documents, previously prepared and issued on 1-23-2020 for the above project,
and Addendum 1 issued on 2-3-2020, are hereby modified as described below.
Clarifications
Salvage of Wooden Penstock: (see updated Project Special Provision – Revision of
Section 211, attached)
The Contractor shall submit a written means and methods statement to the Owner at least
1 week prior to relocation of the penstock. This should include details showing any
proposed stabilization methods. If a 5’ long section and a 10’ long section cannot be
successfully relocated without damage within the first 4 attempts, the Contractor shall
stop and notify the Owner.
Waterlines: (see updated Project Special Provision – Revision of Section 619,
attached)
The Waterline Connection Detail shown on Plan Sheet 35 shall be implemented at both
connection locations (each side of the river). Proposed connection locations are indicated
on Plan Sheet 35 using text leader lines.
Reverse Thrust Blocks: From the Water Division – Contractor will need to pour
concrete ahead of time for reverse kickers (reverse thrust blocks) since megalugs can’t be
used on thin walled steel pipe. – See attached for a sample detail for a possible layout.
There could be numerous ways to provide proper anchoring, and the Water Division will
assist in approving the contractor’s plan for reverse kickers.
Water Pressure Loss: The Water Division has considered the water pressure loss across
the 1.5” HDPE line and they are not concerned about customers encountering reduced
water flow at their faucets.
199
Tree Caliper: The Removal & Reset Plan Sheets (sheets 16-21) indicate the tree caliper
for almost every tree that is planned to be removed. There is a collection of trees near
STA 123+40 that do not have their caliper labeled. For these trees that are not labeled,
contractor should visit the site to determine approximate sizes.
Tax Exemption: The Town is tax exempt and can provide Certificates of Exemption
upon request. The Town’s Account Number with the Colorado Department of Revenue is
09800492.
Electronic Files: The Design Engineer will be able to provide base drawings in
AutoCAD format to the Contractor.
Signed Documents: The Design Engineer will issue a stamped and signed “For
Construction” set of plans and specifications to the Town and Contractor after contract
award.
Attachments
Possible Detail for Reverse Kicker Blocks
Updated Project Special Provisions - Revision of Section 211
Updated Project Special Provisions - Revision of Section 619
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Addendum 2 - 2/5/2020
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FALL RIVER EXTENSION TRAIL – SEGMENT 2A & 3 Bid Documents – Jan. 2020
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REVISION OF SECTION 211
SALVAGE OF WOODEN PENSTOCK
Section 211 Shall is hereby added to the Standard Specifications.
DESCRIPTION
This work shall include the careful relocation of both a 5’ long section and a 10’ long section of existing 48 inch
diameter buried wooden penstock from the location shown in the plans (approximately STA 140+30), then
transport and placement of the penstock at the assigned delivery location (adjacent to STA 137+10), as directed
by the Owner.
MATERIALS
The existing penstock consists of 2” wide by 1/2” thick wood lath surrounded by ¼” diameter metal hoops to
form a 48” diameter pipe.
CONSTRUCTION REQUIRMENTS
The Contractor shall submit a written means and methods statement to the Owner at least 1 week prior to
relocation of the penstock. This should include details showing any proposed stabilization methods.
The Contractor shall excavate the soil surrounding the penstock to allow the section of penstock to be cut from
the existing penstock to remain. The contractor may excavate, cut and dismantle the adjacent section of pipe to
gain access to the interior of the penstock to be relocated. At their discretion, the Contractor may stabilize the
pipe from the inside to allow the pipe to be removed from the ground and transported to the new location in one
piece. The Contractor may leave the temporary stabilization system in place after transport and safe deliver to
assigned delivery location.
If the penstock to be relocated is damaged during excavation, transport or placement, the Contractor shall cut
and remove another adjacent 5’ or 10’ section of penstock. If a 5’ long section and a 10’ long section cannot be
successfully relocated without damage within the first 4 attempts, the Contractor shall stop and notify the
Owner. At this point the Owner would determine whether to abandon the salvage effort, or process a change
order to introduce a more robust method for salvaging penstock.
MEASUREMENT AND PAYMENT
Salvage of Wooden Penstock will not be measured but will be paid for as a single lump sum for the successful
removal, transport and safe delivery of penstock to the assigned delivery location.
Payment will be made under:
Pay Item Pay Unit
Salvage of Wooden Penstock LS
Payment will include all materials and workmanship required to excavate, transport, and deliver the Penstock to
the assigned location, including excavation and backfill of the excavation to exiting grade.
Addendum 2 - 2/5/2020 Page 79 of 116
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REVISION OF SECTION 619
WATERLINES
Section 619 of the Standard Specifications is hereby revised for this project as follows:
Subsection 619.01 Delete second paragraph and replace with the following:
Waterlines shall be installed accordance with the 2016 Town of Estes Park Water Systems Engineering Design
Standards.
https://www.colorado.gov/pacific/sites/default/files/20161221%20Design%20Standards%20with%20Standard%20Drawing
s-Complete%20and%20signed.pdf
Work will consist of exposing the existing 12-inch waterline on either side of Fall River and removing
approximately 5-feet of pipe. The contractor shall then install restrained flange couplers, end caps, and 1.5-inch
taps on the pipe to remain. A 1.5-inch HDPE waterline will then connect the two mains utilizing the abandoned
pipe as a casing pipe. The HDPE pipe can be pulled through the existing pipe and will not require centering
sleds.
A 1.5-inch temporary water bypass shall be installed to minimize disruption of water service during relocation
work. This temporary bypass may not be needed depending on the site conditions and anticipated disruption of
water service.
Subsection 619.02 shall include the following:
Material shall be 1.5-inch HDPE waterline and as shown on the plans. The HDPE pipe needs to be NSF
approved and 250 psi rated.
Subsection 619.05 is revised to include the following:
Payment will be made under:
Pay Item Pay Unit
Temporary Water Service 1.5-inch Lump Sum
1.5-Inch HDPE Water Service Lump Sum
Excavation, backfill, site restoration, and all necessary pipe materials including restrained flange couplers, end
caps, 1.5-inch taps, and 1.5-inch HDPE pipe shall be included in the lump sum price.
Addendum 2 - 2/5/2020 Page 104 of 116
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Town of Estes Park
Public Works Department
ADDENDUM
Number: _____3______
DATE: _2-10-2020_
Town of Estes Park Project: FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
Project Manager: Ryan Barr
The Bid Documents, previously prepared and issued on 1-23-2020 for the above project,
Addendum 1 issued on 2-3-2020, and Addendum 2 issued on 2-5-2020 are hereby modified
as described below.
Clarifications
Import Fill Material: The design engineer has clarified that the total quantity of
unclassified excavation shown in the “Form Information Only” table on Plan Sheet 5
(1,411 cubic yards) may include unsuitable material. Town has inserted 400 cubic yards
of import/fill material under line item 203 IMPORT. Material for 203 IMPORT shall
meet the same material requirements as 203 EMBANKEMENT MATERIAL (CIP).
Please complete the Revised Bid Schedule (attached).
Contract Time (Working Days): The revised contract time for this project shall be 115
working days. Section 1.0 of the Special Conditions shall be revised to reflect 115
working days.
Concrete Box Culvert: Contractors may propose to complete the concrete box culvert
near STA 141+41 as cast-in-place rather than pre-cast. Additional working days will not
be granted for this effort.
Power Line Clearance at Bridges: During the Pre-Bid meeting there was discussion
about maintaining adequate clearance of the overhead power lines near the pedestrian
bridge locations. The proposed overhead power line relocation route should be assumed
as per the attached drawing. Estes Park Power and Communication would prefer to not
de-energize the lines for any period of time, in order to maintain power for the
businesses, condos, and others along Fish Hatchery Road. If the contractor can submit
documentation during construction that the required clearance cannot be achieved, then
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Town will be open to discussing alternatives, including asking Power and
Communications to de-energize.
RMNP Spray-On Mulch Blanket: The spray-on mulch blanket to be used within Rocky
Mountain National Park shall be “Spray-on Mulch Blanket (Type 2)” in accordance with
CDOT Standard Specification 213.02(f)(2).
Attachments
Revised Plan Sheet 5 – Anticipated Relocation Route of Overhead Power
Revised Bid Schedule
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TOWN OF ESTES PARK - FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
REVISED BID SCHEDULE - ADDENDUM 3
CONTRACTOR:
Instructions: Insert Unit Costs by Line Item. Where the Unit Cost cell is shaded, please enter the lump sum amounts by each trail segment
Note this Bid Schedule shall take precedence over the Summary of Approximate Quantities listed in the Construction Plans
QTY COST QTY COST QTY COST QTY COST QTY COST
201 CLEARING AND GRUBBING AC 0.11 -$ 1.8 -$ 0.4 -$ 0.25 -$ 2.56 -$
201 TREE RETENTION & PROTECTION LS 1 -$ 1 -$ -$ -$ -$
202 REMOVAL OF ASPHALT MAT SY 43 -$ 472 -$ 90 -$ 53 -$ 658 -$
202 REMOVAL OF SIDEWALK SY 69 -$ 356 -$ 65 -$ -$ 490 -$
202 REMOVAL OF PIPE LF -$ 96 -$ -$ -$ 96 -$
202 REMOVAL OF TREE EA -$ 31 -$ 1 -$ -$ 32 -$
202 REMOVAL OF FENCE LF 122 -$ -$ -$ -$ 122 -$
202 REMOVAL OF GUARD RAIL TYPE 3 LF 46 -$ -$ -$ -$ 46 -$
202-00000 REMOVAL OF OBSTRUCTIONS LS -$ -$ -$ 1 -$ -$
202-00425 REMOVAL OF BRIDGE RAILING LF -$ -$ -$ 110 -$ 110 -$
203 EMBANKMENT MATERIAL (CIP)CY 184 -$ 1370 -$ -$ 80 -$ 1634 -$
203 IMPORT CY 50 -$ 350 -$ -$ -$ 400 -$
203-00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY -$ -$ -$ 70 -$ 70 -$
203 POTHOLING HR 8 -$ 20 -$ -$ -$ 28 -$
203 SWEEPING HR 16 -$ 80 -$ -$ -$ 96 -$
206 STRUCTURE EXCAVATION CY 59 -$ 47 -$ -$ -$ 106 -$
206 STRUCTURE BACKFILL (CLASS 1)CY 38 -$ 34 -$ -$ -$ 72 -$
207 TOPSOIL (6-INCH)CY 27 -$ 712 -$ -$ -$ 739 -$
207-00205 TOPSOIL (COMPLETE IN PLACE)CY -$ -$ -$ 52 -$ 52 -$
208 STORM DRAIN INLET PROTECTION EA -$ 7 -$ -$ -$ 7 -$
208 EROSION LOG (12-INCH)LF 428 -$ 2813 -$ 370 -$ -$ 3611 -$
208-00023 EROSION LOG (TYPE 1) (12-INCH)LF -$ -$ -$ 563 -$ 563 -$
208 GRAVEL BAG EA -$ 6 -$ -$ -$ 6 -$
208 VEHICLE TRACKING PAD EA 1 -$ 4 -$ -$ -$ 5 -$
208 CONCRETE WASHOUT STRUCTURE EA 1 -$ 3 -$ -$ -$ 4 -$
208 EROSION CONTROL SUPERVISOR LS 1 -$ 1 -$ 1 -$ 1 -$ -$
208 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR)HR 8 -$ 40 -$ -$ -$ 48 -$
208 REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT) HR 8 -$ 40 -$ -$ -$ 48 -$
210 RESET GROUND SIGN EA 1 -$ -$ -$ -$ 1 -$
210 ADJUST MANHOLE EA -$ 2 -$ -$ -$ 2 -$
210 RESET LIGHTPOLE EA -$ -$ 1 -$ -$ 1 -$
211 RELOCATE WOODEN PENSTOCK LS -$ 1 -$ -$ -$ 1 -$
212 SEEDING (NATIVE)AC 0.03 -$ 0.77 -$ 0.3 -$ -$ 1.1 -$
212-00006 SEEDING (NATIVE)AC -$ -$ -$ 0.26 -$ 0.26 -$
213 MULCH AC 0.03 -$ 0.51 -$ 0.3 -$ -$ 0.84 -$
213 MULCH TACKIFIER LB 3 -$ 51 -$ 50 -$ -$ 104 -$
213-00012 SPRAY-ON MULCH BLANKET (TYPE 2)AC -$ -$ -$ 0.26 -$ 0.26 -$
213 LANDSCAPE BOULDER (36-INCH)EA -$ 21 -$ -$ -$ 21 -$
213-00705 LANDSCAPE BOULDER (INSTALL ONLY)EA -$ -$ -$ 24 -$ 24 -$
214 CONIFEROUS TREE (8-FOOT) (BALL & BURLAP)EA -$ 42 -$ 1 -$ -$ 43 -$
214 LANDSCAPE MAINTENANCE LS 1 -$ 1 -$ 1 -$ 1 -$ -$
216 SOIL RETENTION BLANKET (STRAW/COCONUT)SY -$ 908 -$ -$ -$ 908 -$
304 AGGREGATE BASE COURSE (CLASS 6) CY 64 -$ 608 -$ 15 -$ -$ 687 -$
304-06000 AGGREGATE BASE COURSE (CLASS 6)TON -$ -$ -$ 20 -$ 20 -$
304-06007 CRUSHER FINES (3/8" MINUS)TON -$ -$ -$ 10 -$ 10 -$
403 HOT MIX ASPHALT (PATCHING) (ASPHALT)TON 6 -$ 84 -$ 15 -$ 8 -$ 113 -$
412 CONCRETE PAVEMENT (8-INCH) (COLORED)SY -$ 33 -$ 80 -$ -$ 113 -$
504 RETAINING WALL (GROUTED ROCK)SF -$ 338 -$ -$ -$ 338 -$
506 RIPRAP (15-INCH)CY 121 -$ -$ -$ -$ 121 -$
506 RIPRAP (12-INCH)CY -$ 97 -$ -$ -$ 97 -$
506 RIPRAP (9-INCH)CY -$ 7 -$ -$ -$ 7 -$
508-00100 6" DIAMETER TREATED TIMBER LF -$ -$ -$ 186 -$ 186 -$
514-01011 BRIDGE RAILING LF -$ -$ -$ 76 -$ 76 -$
514 PEDESTRIAN RAILING (STEEL)LF -$ 50 -$ -$ -$ 50 -$
601 CONCRETE (CLASS D)CY 30 -$ 43 -$ -$ -$ 73 -$
601 CONCRETE (CLASS D) (BRIDGE) (COLORED) CY 14 -$ 14 -$ -$ -$ 28 -$
Harmony RMNP TOTALs
ITEM # CONTRACT ITEM DESCRITION UNIT UNIT COST
Segment 2A (RTP) Segment 3 (LWCF)
207
601 STONE MASONRY VENEER SF 633 -$ 633 -$ -$ -$ 1266 -$
602 REINFORCING STEEL (EPOXY COATED)LB 4168 -$ 4931 -$ -$ -$ 9099 -$
603 15-INCH CORRUGATED STEEL PIPE LF -$ 27 -$ -$ -$ 27 -$
603 18-INCH CORRUGATED STEEL PIPE LF -$ 15 -$ -$ -$ 15 -$
603 24 INCH CORRUGATED STEEL PIPE LF -$ 30 -$ -$ -$ 30 -$
603 12 x 18 ELLIPTICAL CORRUGATED STEEL PIPE LF -$ 86 -$ -$ -$ 86 -$
603 8'X3' CONCRETE BOX CULVERT (PRECAST)LF -$ 14 -$ -$ -$ 14 -$
603 24 INCH CSP END SECTION EA -$ 2 -$ -$ -$ 2 -$
603-50004 4-INCH PLASTIC PIPE LF -$ -$ -$ 10 -$ 10 -$
604 INLET TYPE R L5 (5-FOOT)EA -$ 1 -$ -$ -$ 1 -$
606 GUARDRAIL TYPE 3 (6-3 POST SPACING)LF 32 -$ -$ -$ -$ 32 -$
606 END ANCHORAGE (FLARED)EA 1 -$ -$ -$ -$ 1 -$
607 FENCE (WOOD) (POST & DOWEL)LF 136 -$ -$ -$ -$ 136 -$
607-11455 FENCE WOOD LF -$ -$ -$ 128 -$ 128 -$
607-11525 FENCE PLASTIC LF -$ -$ -$ 182 -$ 182 -$
608 CONCRETE BIKEWAY (6-INCH) (COLORED)SY 365 -$ 4545 -$ 440 -$ 320 -$ 5670 -$
608 CONCRETE BIKEPATH EXPANSION (6-INCH) (STAINED) SY -$ -$ 85 -$ -$ 85 -$
608 CONCRETE STAINING (EXISTING SIDEWALK)SY -$ -$ 360 -$ -$ 360 -$
608 TRUNCATED DOMES SF 54 -$ 54 -$ 54 -$ -$ 162 -$
608-00000 CONCRETE THICKENED EDGE (COLORED)LF -$ -$ -$ 46 -$ 46 -$
608 CONCRETE STAINING (EXISTING SIDEWALK)SY -$ -$ 375 -$ -$ 375 -$
609 CURB & GUTTER TYPE 2 (SECTION IIB)LF -$ 985 -$ -$ -$ 985 -$
609 CURB TYPE 2 (SPECIAL)LF -$ 410 -$ -$ -$ 410 -$
612 STEEL BOLLARD (REMOVABLE)EA -$ -$ 3 -$ -$ 3 -$
619 1.5-INCH HDPE WATER SERVICE LS -$ 1 -$ -$ -$ 1 -$
619 TEMPORARY WATER SERVICE (1.5-INCH)LS -$ 1 -$ -$ -$ 1 -$
620 SANITARY FACILITY EA 1 -$ 2 -$ -$ -$ 3 -$
625 CONSTRUCTION SURVEYING LS 1 -$ 1 -$ 1 -$ 1 -$ -$
626 MOBILIZATION LS 1 -$ 1 -$ 1 -$ 1 -$ -$
627 EPOXY PAVEMENT MARKING GAL -$ 5 -$ -$ -$ 5 -$
628 BRIDGE AND GIRDER DECK UNIT (90 FEET)EA -$ 1 -$ -$ -$ 1 -$
628 BRIDGE AND GIRDER DECK UNIT (100 FEET)EA 1 -$ -$ -$ -$ 1 -$
630 TRAFFIC CONTROL LS 1 -$ 1 -$ 1 -$ 1 -$ -$
SUBTOTAL OF CONSTRUCTION ITEMS -$ -$ -$ -$
Sign this Bid Schedule per instructions in Section 4.0 in the Instructions to Bidders
Total Bid Written in Words
Name of Bidding Company Addendum and Date Received
Street Address City State Zip Code
Authorized Signer and Title (Print)Authorized Signer (Signature)Date
Please List All Anticipated Subcontractors and Their Tasks
Subcontractor Anticipated Tasks
TOTAL BID $0.00
208
Town of Estes Park
Public Works Department
Engineering Division
ADDENDUM
Number: _____1______
DATE: _3-13-2020_
Town of Estes Park Project: FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
Project Manager: Ryan Barr
The Request for Proposal (RFP), previously prepared and issued on 3-6-2020 for the above
project, is hereby modified as described below.
Mandatory Pre-Bid Meeting
• The sign-in sheet from the optional pre-proposal meeting has been included in this
addendum.
Questions & Answers
Q1) Will the Construction Oversight consultant be expected to separate their time and
expenses by trail segment?
A1) No, selected Consultant will not be required to separate their expenses by trail
segment.
Q2) Is there a page limit for the RFP?
A2) No. The Town received feedback in previous RFPs that page limits were too
restrictive, so we are trying this time with no page limits. However, proposals should be
concise and thorough.
209
Q3) Will there be a trailer or work space available to the consultant?
A3) Available staging areas near the work site are indicated within the Plan Set. Town is
not planning to provide an indoor work station near the site. At this time it is not known if
the construction contractor will have a construction trailer on site.
Q4) Will the Contractor provide a tentative work schedule? This would really help in the
development of the proposal.
A4) Town will request an initial work schedule from the Contractor. However, they are
not required to deliver the work schedule until the Pre-Construction meeting, which is now
scheduled for April 15, 2020.
Q5) If RMNP’s Construction Control Representative performs all work within RMNP, why is
a federal DUNS number and SAM.gov registration required?
A5) The RTP and LWCF grants supporting this project involve federal funds.
Clarifications
C1) The proposal review team’s evaluation will be qualification based. Consultants should be
prepared to negotiate fees on Tuesday March 24th, the day after proposals are due. Interviews of
the top firms may be conducted at the Town’s option, and can be performed over a phone call.
The Town is looking to expedite the process and make a selection before March 26th because the
Professional Services Contract may require Town Board approval.
C2) Consultant’s scope of services should also include periodic surveying to double-check the
Contractor’s survey points and completed work. In your proposal, please address your team’s
capability to perform or provide surveying, and how you have typically used surveys on past
projects similar to this.
Attachments
• Pre-Proposal Meeting Sign-In Sheet
210
211
Town of Estes Park
Public Works Department
Engineering Division
ADDENDUM
Number: _____2______
DATE: _3-18-2020_
Town of Estes Park Project: FALL RIVER TRAIL (RTP, LWCF, Harmony, RMNP)
Project Manager: Ryan Barr
The Request for Proposal (RFP), previously prepared and issued on 3-6-2020 for the above
project, and Addendum #1 previously issued on 3-13-2020, are hereby modified as
described below.
Questions & Answers
Q6) Should the Fall River Trail proposal include a consultant rate sheet and fee proposal?
A6) Consultants may include their current rate sheet with their proposal; however, this
will not be part of the initial qualification-based evaluation. Please do not submit a fee
proposal. As referenced in Addendum #1, consultants should be prepared to provide a rate
sheet and negotiate fees on Tuesday March 24th.
Q7) For work within Rocky Mountain National Park (RMNP), how will direction be given?
A7) The National Park’s Construction Control Representative (Josh Lyon) will provide
inspection and oversight services on the RMNP portion of the project. Josh will oversee
construction through all phases while work is being done on National Park land. Josh will
monitor and inspect construction activities and methods to ensure that construction is
meeting specifications, on time and within their allowable time window. Josh will inspect
equipment as it comes into the National Park, to ensure that contractors are briefed and
follow all rules and regulations while working on Federal lands. Josh will participate in
weekly progress meetings, and will act as the conduit for the Town of Estes Park to the
National Park throughout the project. Josh will communicate important updates and
212
notices to the Park leadership and Park Information Officer. Additionally, Josh will
document progress on daily reports and take photographs for the Park’s purposes.
The selected consultant and Ryan Barr will be knowledgeable about the work within
RMNP and will discuss this work with the construction contractor during weekly meetings
and on-site. Ultimately, Josh Lyon will have the decision-making authority and
responsibility for all work within RMNP.
Josh will be responsible for reviewing the construction contractor’s pay applications,
including approving quantities and costs. Pay applications that include work in RMNP and
on Town land will be reviewed by the selected construction oversight consultant.
Clarifications
C3) The Pre-Proposal meeting on 3-11-2020 was optional. In Addendum #1, one location
indicated that it was a mandatory meeting, which is incorrect.
213
CONSTRUCTION OVERSIGHT
for
Fall River Trail
(LWCF, RTP, Harmony, RMNP)
Town of Estes Park
Public Works Department
170 MacGregor Avenue, Room 100
P.O. Box 1200
Estes Park, CO 80517
March 23, 2020
PREPARED BY:
Cornerstone Engineering & Surveying, Inc.
1692 Big Thompson Avenue – Suite 200
Estes Park, Colorado 80517
Phone: (970) 586-2458
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March 23, 2019
Ryan Barr, Project Manager
Public Works Department
Town of Estes Park
P.O. Box 1200
Estes Park, CO 80517
RE: Construction Oversight, Fall River Trail (LWCF, RTP, Harmony, RMNP)
Dear Ryan:
Thank you for the Request for Proposal for Construction Oversight Fall River Trail, Estes Park,
Colorado. Cornerstone Engineering & Surveying, Inc. appreciates the opportunity to submit the
accompanying proposal.
Cornerstone Engineering & Surve ying, Inc. (CES) is confident that our project team’s strong
emphasis in trail, roadway, utility design and construction oversight and past experience with similar
projects will enable us to successfully manage a high quality, viable and accurately documented
project. We also feel our firm is a logical choice given our office location and established
relationships and knowledge of the local community to enable fluency and efficiently solve problems
during construction.
Being an owner of Cornerstone Engineering & Surveying, Inc., I will serve as the primary con tact and
as the consultant representative with authority to sign all legal contracts. CES is a Colorado
Registered Type S Corporation with the owners located in Estes Park.
The personnel assigned to this project are experienced and quali fied to represent the Town of Estes
Park in the oversight of the project construction. We will firmly commit engineering and support staff
to ensure a thorough oversight, documentation and resolving construction issues for timely
completion of the project. We are prepared to begin work immediately following completion of
contract negotiations and a Notice to Proceed.
We acknowledge receipt of Addendum #1 dated March 13, 2020 and Addendum #2 dated
March 18, 2020.
We look forward to hearing from you.
Sincerely,
Cornerstone Engineering & Surveying, Inc.
Michael S. Todd, P.E.
Principal
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Transmittal Letter
Table of Contents
Summary of the Proposal
Statement of Understanding & Familiarity
Project Approach
Consultant’s Qualifications
Previous Experience
Firm References
Key Personnel
Cornerstone Engineering & Surveying, Inc.
Michael S. Todd, P.E., Principal
Jes Reetz, Senior Planner
Kristen Ekeren, P.E.
Azimuth Surveying, Inc.
Jean Daoud
Primary Contact Person
Organizational Chart
Project Personnel
Personnel Tasks
Design Team
Statement of Compliance
Cost – Unit Rate Sheet
Exhibits
Exhibit 1 – Town of Estes Park Acceptance of
Conditions Statement
Exhibit 2 – Consultant’s Personnel and Subconsultant’s Listing
Exhibit 3 – Town of Estes Park Reference Authorization and
Release Form
TABLE OF CONTENTS
216
SUMMARY OF THE PROPOSAL
Cornerstone Engineering & Surveying, Inc. (CES) is pleased to present the
following proposal for the Construction Oversight for Fall River Trail. In
defining our proposed project oversight process, we have utilized knowledge
and experience gained from similar projects. Additionally, CES and the
project oversight team have extensive experience with engineering design
and construction management of diverse projects with the Town of Estes
Park, Harmony Foundation, local utility companies and the Colorado
Department of Transportation including trails, bridge, roadway, and hydraulic
design. Our proposal will outline the Scop e of Work which will include
construction inspection, daily documentation of material quantity and job
progress along with administrative duties for project coordination of all
aspects of the construction oversight. The proposal will also incorporate a list
of project team members and professional consulting firms, their qualifications
and experience, and CES’s qualifications and capabilities.
217
STATEMENT OF UNDERSTANDING
& FAMILIARITY
Cornerstone Engineering & Surveying, Inc. (CES) has read and feels fully
confident with our understanding of the Scope of Services and familiarity for
the Construction Oversight for Fall River Trail Request for Proposal. The
proposed work is for construction oversight for the duration of the project.
The tasks include facilitating scheduled construction meetings with agenda’s
and progress notes. Provide documentation for daily inspections, equipment
and project materials. Review and approve monthly construction contract pay
applications, inspection of traffic control and review of traffic control reports,
documentation of work by photographs and daily logs, r eview and track
Requests for Information and Submittals with the Town Project Manager,
review and monitor construction change orders.
The Fall River Trail construction consists of a multi-use trail along Fish
Hatchery Road and around the old Fall River Power Plant on land owned by
the Town of Estes Park to the eastern boundary of Rocky Mountain National
Park. A 370 section will continue from the east boundary of Rocky Mountain
National Park to Aspenglen Campground. The scope of work includes a 10
foot wide 0.83 mile of colored concrete multimodal trail that adheres to the
Americans with Disabilities Act. The project also includes two pedestrian
bridges over Fall River, three reta ining walls near the Fall River Hydroplant
and removal of penstock and utility relocations.
CES is aware of the timeline constraints and Rocky Mountain National Parks
Project Special Provisions for the construction located in Aspenglen
Campground between May 21, 2020 to September 30, 2020. As discussed
at the pre-proposal meeting, Rocky Mountain National park will be
responsible for the construction oversight for the trail work with in the
National Park.
The Town of Estes Park has funding for the Fall River Trail from four
sources. The Colorado Parks and Wildlife and Land and Water
Conservation Fund with provide funding for Segment 3 of the project
drawings. CPW Recreational Trails Program funding will be for Segment 2.
Harmony Foundation and Rocky Moun tain National Park will provide
additional funding in the respective areas listed on the drawings.
CES has completed similar design and construction oversight projects for the
Town of Estes Park including representing the TOEP as the Project Engineer
and Local Agency Professional Engineer on CDOT and federally funded
projects. We are familiar with the CDOT and federally funded project protocol
and construction requirements including testing and material documentation
procedures.
218
CES past projects in the Estes Valley have included:
• Facilitate and document the pre-construction and weekly construction
progress meetings with the Contractor, Town of Estes Park and Traffic
Control Supervisor.
• Provide day-to-day onsite inspections of work, equipment and materials.
• Collect daily construction work photos and logs to the Town of Estes Park
portal.
• Provide daily traffic control inspections and obtain traffic control reports
from the contractor.
• Submit applicable forms, material reports and other project reports in
accordance with Town and the federal funding requirements.
• Review Requests for Information, Submittals, Change Orders and monthly
progress payment applications.
• Ensure the contractor obtains all utility locates and that Right-of-Way
permits are in place with the TOEP.
• Oversee and ensure the Colorado Department of Public Health &
Environment (CDPHE) Stormwater Construction Permits (CDPS-SCP)
and Construction Dewatering Permits (CDW) have been filed. Ensure
stormwater practices are maintained per the submitted permit.
• Solicit and obtain three quotes for the selection and hiring process for
material testing consultant.
• Scheduling and overseeing the material testing during the construction
period.
CES has developed a working relationship within the Estes Park Community and feels
competent in our ability to coordinate the project with impacted Harmony Foundation,
National Park, residents, local utilities, and the Town staff and officials. We will work
closely with Ryan Barr, Town Project Manager to coordinat e between the Town, National
Park, Harmony Foundation, Contractor and citizens. CES has read the Town of Estes
Park - Professional Services Contract and is agreeable to the conditions of the contract.
We have reviewed the construction bid documents, construction plans and a ddendums
to the construction RFP.
Our proposed Project Team feels competent in our understanding of the Scope of
Services and our ability to manage a professional, timely and economical product.
219
PROJECT APPROACH
Task 1 – Communications with Project Manager
The Construction Oversight Team will work closely with the Town of Estes
Park Project Manager. The team will also communicate closely with the
affected utilities, Rocky Mountain National Park, Harmony Foundation, Bugle
Point Condominiums, Methodist Church, affected private property owners and
citizens. This close communication will help resolve conflicts as expeditiously
as possible and streamline the construction effort.
Cornerstone Engineering & Surveying, Inc.’s (CES) experience with similar
projects in the Estes Valley has allowed the development of favorable working
relationships with many of the impacted entities. We will also personally meet
with individual property owners impacted by the projec t.
All efforts will be made to minimize the concerns and resolve issues of stake
holders and private property owners adjacent to the work area. Due to CES’s
close proximity to the project, we will be available for immediate response.
Task 2 – Review, Understand and Follow the Engineering Design and
Construction Documents
CES has reviewed and will continue to familiarize our team with the
Construction Documents, including the plans and contract documents. We
have provided design and construction oversigh t services on numerous
projects under the “2017 Colorado Department of Transportation Standard
Specifications for Road and Bridge Construction ” and are very comfortable in
the construction document layout.
Task 3 – Permitting
CES will obtain copies, review and monitor required permits to ensure the
contractor’s adherence to the required permits.
• Town of Estes Park Right-of-Way Permit
• Colorado Department of Public Health and the Environment (CDPHE):
Stormwater Construction Permit (CDPS-SCP),
Construction Dewatering Permit (CDW)
• Environmental Protection Agency (EPA): CES will coordinate with
Josh Lyons of RMNP to ensure the contractor obtains and adheres to
the Stormwater Construction Permit (EPA-SCP) – this is for the portion
of trail within RMNP.
CES is familiar with the stormwater drainage and BMP per the Urban Storm
Drainage Standards as adopted by Larimer County and the Town of Estes
Park and the CDOT Drainage Design Manual and Erosion Control & Storm
Water Quality Guide
220
Task 4 – Construction Oversight
CES will provide daily construction oversight throughout the project. Similar
construction oversight projects in the area have shown that actual needed
onsite time varies from day to day. Our office location allows for easy
flexibility for onsite attendance. We are available 2 hours to 14 hours a day.
Our location allows us to respond to onsite issues quickly not requiring full
time onsite personnel. This also include addressing project issues with
property owners after hours and weekends. This availability offers an
economy to the Town, by not requiring a full time onsite inspector.
Duties of the onsite project engineer for construction oversight include:
a. Work closely with the Town Project Manager.
b. Schedule weekly progress meetings and onsite field review meetings as
required to ensure efficient resolution to field issues. CES will provide
meeting agendas, maintain meeting notes and provide meeting minutes
for project documentation.
d. CES is available for the pre-construction meeting if awarded the contract.
e. CES will maintain daily inspection logs of construction work. The daily
log will include weather, equipment and materials used, contactor and
subcontractor personnel onsite, project progress, conflict or issues that
arise and modification to the approved plans in accordance with industry
standards.
f. CES will obtain required source documentation to meet Buy America
requirements. Documentation will include certified delivery tickets,
manufactures certification and monthly tabulation of material delivery
and use.
g. CES will review monthly pay applications for completeness and
accuracies of quantities and costs. Review will also include tracking the
contractors work for each funding source.
h. In addition to the daily inspection log as listed in “d.” above, CES will
maintain a daily photo log of the work progress. CES will also obtain
photos before and after construction to document pre and post
construction conditions. Photos will be uploaded on a regular bases to
an online portal specified by either the consultant or the Town.
i. CES will provide daily traffic control inspections and receive and review
traffic control reports from contractor.
j. CES will inspect and verify the project is constructed per the contract
plans and specification during oversight.
k. CES will review and track contractor Requests for Information (RFIs) and
Submittals; CES will provide responses to the RFI’s and Submittals with
coordination of the Town Project Manager.
l. CES will monitor and review construction change orders in coordination
with the Town Project Manager.
m. CES will verify area utilities locates are in place prior to digging.
n. Anticipate and proactively address construction -related issues before
they adversely impact the work progress.
o. CES will work with the Town to complete closeout requirements
including final documentation for the grants/funding agencies, producing
221
and confirming contractor completion of all punch list items, partici pate in
the final inspection with Town staff, notice of final payment, etc.
p. CES will coordinate with affected Utilities and Engineer of Record (Otak,
Inc.) to help resolve field issues as they arises.
q. CES will coordinate with Josh Lyons, Construction Control
Representative for work within RMNP.
r. CES will monitor daily safety procedu res including use of personal
protective gear and general construction practices.
s. CES will have a licensed surveyor available to help verify construction
staking as needed and help resolve variances in layout from the
approved plans.
Task 5 – Materials Testing Oversight
CES, in coordination with the Project Manager, will develop a material testing
schedule based on “CDOT OA Frequency Guide Schedule for Material
Sampling, Testing and Inspection” from the project quantity tabulation. CES
will incorporate the material testing schedule into an RFP for the material
testing template currently in place. CES will solicit with a minimum of three
material testing firms for material testing proposals. CES will provide the
received material testing proposals to the Town with a recommendation of
selection and contracting.
CES will coordinate scheduling and oversee the material testing during
construction with the contractor. CES will collect and catalog all material
testing results.
222
CONSULTANT’S QUALIFICATIONS
Founded in 2000, Cornerstone Engineering & Surveying, Inc. (CES) is a locally owner
Civil Engineering firm located in Estes Park, Colorado. CES is a Type S Corporation
with two principal owners, Michael Todd, P.E. and Jes Reetz. Specializing in Civil
Engineering, CES provides expertise in general civil engineering including
construction oversight, structural, planning, surveying and construction with clients
including private, municipal and government for residential and commercial projects.
Including owners, CES currently maintains four permanent employees with two being
Colorado Professional Engineers. It has been our pleasure to design and manage
construction for many of the community’s finest buildings and infrastructure projects.
As members of the community we take great special pride and ownership in each
project. Michael Todd, P.E. as principal in charge of this project is a Professional
Engineer with 27 years in and around the Estes Valley.
The Brodie Avenue Construction Oversight project was funded through the Town
of Estes Park and a Safe Routes to School grant which was administered by Colorado
Department of Transportation (CDOT). The work included oversight of the installation
of storm sewer, addition of curb and gutter, installation of retaining walls, install ation
of a 10-foot multi-use trail, and replacement of the pavement. Project work included
coordination between local stakeholders and project neighbors, the Town of Estes
Park, CDOT, and the contractor. Extensive documentation for CDOT project
compliance was maintained throughout the project.
Community Drive / U.S. Hwy 36 CES is currently in the design process for the
design and construction oversight roundabout for the U.S. Highway 36 and
Community Drive intersection. The project is funded by the Town of Estes Park and
grant funding administered through Colorado Department of Transportation (CDOT).
Work includes design and construction oversight of a four legged roundabout
including highway underpass extension with multi-use trail connection, storm
drainage, curb & gutter and retaining walls.
The 4th Street Rehabilitation and Elkhorn Overlay project funding is a collaborative
effort between the TOEP (4th Street Rehabilitation) and CDOT (Elkhorn Avenue/U.S.
Hwy 36 Overlay). The scope of work includes facilitation of the pre-construction and
weekly progress meetings and documentation, providing day-to-day onsite
inspections and documentation for construction and traffic control to ensure all work
is completed per the bid documents and construction plans, overseeing material
testing, scheduling and documentation, managing construction scheduling, ensuring
all Right-of-Way permits are in place with CDOT and the TOEP and coordinator
between the Town, CDOT, Contractor and citizens.
CES has also completed other similar projects in the Estes Valley. The Moraine
Avenue Bridge Replacement project was funded through a CDBG flood relief fund
through the Colorado Department of Local Affairs (DOLA) for the replacement of the
existing Moraine Avenue Bridge in down town Estes Park. CES represented the
Town as project manager
223
The MacGregor Avenue Improvements project was funded through the Town of
Estes Park to reconstruct MacGregor Avenue and add a pedestrian trail. The work
included storm drainage and Right-of-Way investigation, geotechnical
investigation, drainage improvements, utility relocation, design of roadway, curb
and gutter, attached trail, preparation of plans and specifications, facilitation and
preparation of easements with adjacent property owners, bidding services and
hosting public meetings.
The Prospect Avenue By-Pass Reconstruction was funded through the Town
of Estes Park to reconstruct the existing Prospect Avenue, Fir Avenue and
Moccasin Circle Drive. The work included preparation of easements for utilities,
storm drainage and Right-of-Way, traffic analysis, geotechnical investigation,
drainage study, utility relocation, design of roadway and sidewalk, preparation of
plans and specifications, bidding, construction administration with materials
documentation.
The U.S. Highway 36 Bridge across the Big Thompson River (STA 0361-049,
STE 0631-054) project included traffic analysis, roadway design, pedestrian trail
design, structural design, hydraulic design, scour design, wetland/404 Permit, road
widening, bidding, construction administration with materials documentation and
certified payroll. The project was supported by Federal funding through CDOT with
the Town of Estes Park as the Local Agency.
The U.S. Highway 36/Fish Creek Road Project (STE M405-008) was supported
by Federal funding through CDOT with the Town of Estes Park as the Local
Agency. Work included traffic analysis, roadway design, pedestrian trail design,
structural underpass design, retaining wall design, preparation of plans and
specifications through CDOT design guidelines and Local Agency Manual,
construction bidding, construction administration with materials documentation and
certified payroll.
Fish Creek Pedestrian Trail (STE M405-009) was supported by Federal funding
through CDOT with the Town of Estes Park as the Local Agency. Work included
preparation of easements for trail alignment, setting of HARN control along the
proposed alignment, structural retaining wall design, pedestrian t rail design, utility
relocation, preparation of plans and specifications through CDOT design
guidelines, and Local Agency Manual, bidding, construction administration with
materials documentation and certified payroll.
The MacGregor Avenue Sidewalk Expansion was funded through the Town of
Estes Park to increase parking and provide safe pedestrian access from the
Highway 34 By-pass to the Downtown area. Work included the design build of
structural block retaining walls, sidewalk, additional parking area, relocation of
overhead power to underground drainage, and preparation of plans.
We are highly confident in our team’s qualificatio ns and experience for the
construction oversight and related services for the proposed Brodie Avenue
Improvements.
224
PAST PROJECT PORTFOLIO
US Hwy 34/36 Bridge & Under Pass
US Hwy 36/Fish Creek Road
Prospect Avenue By Pass
225
BRODIE AVENUE IMPROVEMENTS KEY PERSONNEL
Mike Todd
Construction Oversight
COMPLETION DATE
October 2019
CONTACT
Ryan Barr, Project Manager
Public Works Department
Town of Estes Park
(970) 577-3575
The Brodie Avenue Construction Oversight project was funded through
the Town of Estes Park and a Safe Routes to School grant which was
administered by Colorado Department of Transportation (CDOT). The
work included oversight of the installation of storm sewer, addition of
curb and gutter, installation of retaining walls, installation of a 10-foot
multi-use trail, and replacement of the pavement. Project work included
coordination between local stakeholders and project neighbors, the
Town of Estes Park, CDOT, and the contractor. Extensive
documentation for CDOT project compliance was maintained
throughout the project.
226
4th STREET REHABILITATION & ELKHORN AVENUE OVERLAY KEY PERSONNEL
Mike Todd
Construction Oversight
COMPLETION DATE
June 2019
CONTACT
Ryan Barr, Project Manager
Public Works Department
Town of Estes Park
(970) 577-3575
Our current project for the Town of Estes Park is the 4th Street
Rehabilitation and Elkhorn Overlay project. The funding for this
project is a collaborative effort between the Town of Estes Park
(4th Street Rehabilitation) and CDOT (Elkhorn Avenue/U.S. Hwy
36 Overlay). The scope of work includes facilitation of the pre-
construction and weekly progress meetings and documentation.
We are providing day-to-day onsite inspections and
documentation for construction and traffic control to ensure all
work is completed per the bid documents and construction plans.
We are overseeing material testing, including scheduling and
documentation, managing construction scheduling, overseeing
and ensuring all Right-of-Way permits are in place with CDOT
and the Town of Estes Park. We are working closely with Ryan
Barr, Town Project Manager as coordinator between the Town,
CDOT, Contractor and citizens.
4th Street Rehabilitation
Elkhorn Avenue Overlay
227
MACGREGOR AVENUE IMPROVEMENTS
The MacGregor Avenue Improvements project consisted of the
reconstruction of approximately 2500 LF of MacGregor Avenue
north of Wonderview Avenue to the Town of Estes Park limits.
Improvements included widening of MacGregor Avenue, the
addition of curb and gutter and inlets, the addition of raised refuge
islands and pedestrian rapid flash beacons at the intersection of
Wonderview Avenue and MacGregor Avenue, an 8-foot-wide
pedestrian trail with safety railing as needed, and improvement of
the alignment at the intersection of Big Horn Drive and MacGregor
Avenue. Now completed, the pedestrian trail provides ADA access
from the northern Town limits on MacGregor Avenue to downtown.
KEY PERSONNEL
Mike Todd
Construction Oversight
COMPLETION DATE
July 2017
CONTACT
Kevin Ash
Town Engineer
Town of Frederick
(720) 382-5602
228
The Moraine Avenue Bridge Replacement consist of the
replacement of the concrete box culvert with a new three -
sided concrete structure with a post tensioned concrete lid.
The structure conveys Fall River under US Highway
36 (Moraine Avenue) in downtown Estes Park.
Cornerstone Engineering & Surveying, Inc. performed as
Project Manager for the Town of Estes Park overseeing the
engineering design and construction management of the
project. The project included traffic rerouting through
downtown Estes Park, demolition of the existing structure,
relocation of impacted utilities, installation of shoring at the
four corners, diversion of Fall River, street scape including
curb & gutter, bridge rail, planters, benches, sidewalk and
paverstone, new road surface being a combination of
concrete and asphalt. MORAINE AVENUE BRIDGE REPLACMENT KEY PERSONNEL
Mike Todd
Construction Oversight
COMPLETION DATE
October 2018
CONTACT
David Hook, P.E.
Engineer Manager
Town of Estes Park
(970) 586 - 3856
229
CARRIAGE HILLS DAM I AND DAM II
The Carriage Hills Dams I & II are in the
Estes Valley and incurred damage in 2013
during a significant flooding event. Dam I
consisted of a full embankment breach and
re-construction included excavation and
placement of upstream compacted clay
liner soils, reconstruction of the breached
embankment using compacted clay soils,
and construction of a downstream drainage
filter system, construction of a concrete
encasement for the outlet pipe with a sluice
head gate and a concrete emergency
spillway followed by a grouted rip rap
channel to restore the dam structure to its
full jurisdictional capacity. Dam II consisted
of completing the breach of the dam
embankment and lowering the dam
embankment crest 4 feet to an elevation of
7638 feet. Both projects included review
and approval of the State Engineer’s Office
(SEO), Dam Safety Division.
KEY PERSONNEL
Mike Todd
Construction Oversight
COMPLETION DATE
November 2016
CONTACT
Kevin Ash, P.E.
Town Engineer
Town of Frederick, CO
(720) 382-5602
230
FISH CREEK TRAIL
SCOTT AVENUE TO HOMER ROUSE TRAIL
The Fish Creek Trail Extension was
funded by the Estes Valley Recreation and
Park District. Work included the design
and construction of approximately 2.3
miles of soft surface trail from Scott
Avenue to the Cheley Camp Road. Work
included coordination between the
EVRPD, Town of Estes Park, Larimer
County and adjoining property owners.
KEY PERSONNEL
Mike Todd
Design & Construction
COMPLETION DATE
2012
CONTACT
Stan Gengler (Retired)
District Manager
Estes Valley Recreation
and Park District
1120 Fairway Club Ln
Estes Park, CO 80517
(970) 586-8676
231
Cornerstone Engineering & Surveying, Inc.
(CES) was contracted to assist the Harmony
Foundation to develop a Master Plan for the
program’s needs. It was required by Town Staff
to develop a portion of the Fall River trail along
the Harmony property. A design was prepared
that utilized existing sidewalk constructed during
Phase I of the Master Plan improvements.
HARMONY
FOUNDATION, INC.
PEDESTRIAN BIKEPATH
KEY PERSONNEL
Jes Reetz
Senior Planner
COMPLETION DATE
To be constructed
Summer 2020
CONTACT
Jim Geckler
President/CEO
Harmony Foundation
1600 Fish Hatchery Road
(970) 632-9897
232
PROSPECT AVENUE BY-PASS RECONSTRUCTION
In CES's continual relationship with the Town of Estes Park, Mr.
Todd led the design development, preparation of construction
specifications and plans, project management and construction
observation of this project. The project consisted of the complete
removal and reconstruction of 2300 linear feet of urban roadway.
The reconstruction consisted of realignment of the existing
roadway with the addition of curb, gutter and pedestrian
sidewalk. Also included was the relocation of existing overhead
power lines to underground, replacement of existing water main,
installation of additional storm drains and inlets and coordination
with utility companies during construction. With Prospect
Avenue being the primary access to the Estes Park Medical
Center, specific phasing and rerouting of traffic was required to
ensure access to the hospital.
KEY PERSONNEL
Mike Todd
Construction Oversight
COMPLETION DATE
2010
CONTACT
Greg Sievers (Retired)
Engineer Tech
Town of Estes Park
(970) 218-7256
233
LAKE ESTES
BICYCLE/
PEDESTRIAN
TRAIL PHASE I & II
Phase I & II of the Lake Estes Trail is the first
half of a trail system around Lake Estes.
Phase I & II consisted of 7350 feet of 10 foot
wide trail with a 70 foot span bridge and 130
foot double span bridge. The trail system was
designed to facilitate bicycle and pedestrian
traffic. The trail was also designed to meet
the requirements set by the American
Disability Act (ADA) to facilitate handicap
access. Cornerstone coordinated with the
Town of Estes Park, Bureau of Reclamation
and Colorado Department of Transportation
(CDOT) during the design. Army Corps of
Engineers 404 permit was obtained for rip rap
construction and fill along the north shore of
Lake Estes, river crossings of the Big
Thompson River and wetlands mitigation.
CLIENT
Town of Estes Park
KEY PERSONNEL
Mike Todd
Construction Oversight
PROJECT VALUE
$50,000
COMPLETION DATE
2016
CONTACT
Greg Sievers (Retired)
Engineer Tech
Town of Estes Park
(970) 218-7256
234
Design development, preparation of
construction specifications and plans,
project and construction management of
a 4,000 linear feet of pedestrian trail
along Fall River Road from Performance
Park to Valley Drive with a 53 foot
pedestrian bridge across Fall River.
Project was funded by the Town of Estes
Park. Tasks included surveying, right-of-
way, Mapping, Development and
Acquisition of Easements, 404
Permitting, Wet Lands and Bridge with
Abutments. FALL RIVER TRAIL EXTENSION PHASE I - III
CLIENT
Town of Estes Park
KEY PERSONNEL
Mike Todd
Construction Oversight
PROJECT VALUE
$470,000
COMPLETION DATE
2003
CONTACT
Greg Sievers (Retired)
Engineer Tech
Town of Estes Park
(970) 218-7256
235
Table of Contents FIRM REFERENCES
BAS1S ARCHITECTURE
Mr. Steve Lane
P.O. Box 2421
Estes Park, CO 80517
970.586.9140
PARK R3 SCHOOL DISTRICT PROJECTS
Dave Coleson
Director of Operations/Transportation
1701 Brodie Avenue
Estes Park, CO 80517
970.586.2361
TOWN OF ESTES PARK PROJECTS
Carriage Hills – Dam I and Dam II, MacGegor Avenue Improvements
Town of Frederick
Kevin Ash
Town Engineer
720.382.5602
UPPER THOMPSON SANITATION DISTRICT PROJECTS
Grand Estates Sewer Rehabilitation, Fall River Sewer Rehabilitation
Chris Beiker – District Manager
P.O. Box 568
Estes Park, CO 80517
970.586.1049
ESTES VALLEY RECREATION AND PARK DISTRICT
Kim Slininger – Project Manager
690 Big Thompson Avenue
Estes Park, CO 80517
970.586.8191 Ext. 5
236
PROJECT TEAM’S KEY PERSONNEL
Cornerstone Engineering & Surveying, Inc. is owned by a professional engineer
with over 27 years of engineering and construction administration experience in
the State of Colorado. Every project is supervised by one of the principals
offering the added benefit of oversight by a registered engineer. Our support
staff includes experienced project managers and coordinators, draftsmen and
administrative professionals. With this combination of experience, expertise and
diversity, Cornerstone Engineering & Surveying, Inc. is able to provide the staff
necessary to assure a successful project.
CES team’s close proximity to the project sites will allow for quick response time
to contractor questions or issues that arise not requiring a field representative
on-site full-time.
Following are project team assignments and responsibilities, availability during
construction with resumes of key personnel who would be working on this
project.
Cornerstone Engineering & Surveying, Inc.
Michael S. Todd, P.E., Principal
Jes Reetz, Engineer Tech / CADD Tech
Kristen Ekeren, P.E., Engineer
Tammy DeBaise, Project Documentation
Azimuth Surveying, Inc.
Jean Daoud
237
PRINCIPAL PROFILE
MICHAEL S. TODD, P.E.
Principal
EXPERTISE Roadway and Bridge Design, Structural Analysis & Design,
Commercial and Residential, Historic Renovation,
Infrastructure Design, Drainage Analysis, Construction
Management, Land Development, Design Build & General
Contracting
EDUCATION B.S., Civil Engineering, Colorado State University, 1992
Graduate Work: Groundwater, Environmental and
Hydrogeology, Colorado State University, 1994-1995
REGISTRATION Professional Engineer – State of Colorado
PROFESSIONAL American Society of Civil Engineers; Tau Beta Pi, Honorary
AFFILIATIONS Fraternity
EXPERIENCE SUMMARY
Mr. Todd’s expansive background in engineering has allowed him to utilize his
expertise in many design/build and const ruction management projects. He has
performed as design engineer and project manager for municipalities,
government and private sector clients. These projects have included roadways,
bridges and multi use trails, storm drainage, water and wastewater treatment and
design, water and sewer line design and land development. He performs
structural evaluation and design and has provided engineering services for fuel
tank removal, environmental site assessments and tunneling and geotechnical
evaluations.
PROJECT EXPERIENCE
Roadways/Trails w/ Construction Oversight:
Brodie Avenue Construction Oversight – Town of Estes Park &
CDOT
US 36 & Community Drive Turn Lane/Roundabout - Town of
Estes Park
4th Street Rehabilitation & Elkhorn Avenue Overlay - Town of
Estes Park
MacGregor Avenue Reconstruction - Town of Estes Park
Moraine Avenue Bridge Replacement - Town of Estes Park
Prospect Avenue By-Pass Reconstruction – Town of Estes Park
State Highway 36/Fish Creek Road and Underpass –
Colorado Dept. of Transportation
State Highway 34/36 Bridge Underpass – Colorado Dept. of
Transportation
Historic & Preservation:
Holzwarth Never Summer Ranch, Columbine Cabin –
National Park Service
Moraine Avenue
Bridge Replacement
Carriage Hills Dam
Reconstruction
238
Historic & Preservation (Continued):
McGraw Ranch – Rocky Mt. National Park Associates
McGraw Ranch Building 103, 105, 106 Rocky Mountain
National Park Associates, Rocky Mountain National Park
Lewis House/Miner Museum – Lafayette, CO
William Allen White Cabin and Outlying Cabins Condition
Assessment and Work Program – Rocky Mt. National Park
Association, Rocky Mt. National Park
Building 48 Renovation and Work Program –
Rocky Mt. National Park Association
Twin 1 & 2 Cabins, Rose Cabin, Mamma’s Cabin, Taxidermy
Cabin, Never Summer Ranch - Rocky Mt. National Park
Associates, Rocky Mt. National Park
Water Storage Tanks w/ Construction Oversight:
MacGregor Mountain 300,000 Gallon Water Storage Tank – Town
of Estes Park
Glacier Creek 1,000,000 Gallon Water Storage Tank –
Town of Estes Park
Summit Property 300,000 Gallon Water Storage Tank – YMCA
Mountain Side 100,000 Gallon Water Storage Tank – YMCA
Civil w/ Construction Oversight:
Carriage Hills Dam Reconstruction - Town of Estes Park
Lone Tree Housing Development - Simpson Housing
North College Avenue Underpass - City of Fort Collins
Lake Estes Pedestrian Trail, Phase I, II, IV – Town of Estes Park
Town of Estes Park Fuel Tank Removal - Town of Estes Park
Mary’s Lake Raw Water Pump Station - Town of Estes Park
Estes Park Medical Center
Harmony Foundation
Wapiti Crossing Condominium Development
Black Canyon Inn
Overlook Development
Estes Park Good Samaritan
Mirasol Development
Talons Pointe
Structural Design:
Estes Park Catholic Church – Basis Architecture
Estes Park Visitors Center – Basis Architecture
Black Canyon Inn – Sloan Investments, LLC
Best W estern Motel – Basis Architecture
ABC Climbing Gym – ABC Kids Climbing, LLC
Residential Construction – Dallman Construction
Residential Construction – Kingswood Homes
Riverspointe Downtown – Basis Architecture
MacGregor
Mountain Water
Storage Tank
YMCA Summit
Water Storage
Knoll Trail & Bridge
Holzwarth Never Summer
Ranch
Fish Creek Trail Extension
239
KEY PERSONNEL PROFILE
JES REETZ
Senior Planner
EXPERTISE Drafting, Site Development, Engineering Services
EDUCATION Associates of Applied Science, Front Range
Community College 1998
EXPERIENCE SUMMARY
Mr. Reetz’s background in civil drafting has allowed him to apply his skills on
various construction/development projects. These projects have included
roadways and trails, water and sewer lines, dams, tunnels, geology maps and
profiles and land development. Mr. Reetz has utilized various drafting
programs and is currently utilizing AutoCAD of which he has 25 years
experience.
PROJECT EXPERIENCE
Construction Oversight:
Mountain Village at Estes Park Resort
Falcon Ridge Attainable Housing
Development Plans:
Mountain Village at Estes Park Resort
Black Canyon Inn Wedding Venue
Harmony Foundation Treatment Facility
Estes Park Medical Center – Multiple expansions,& parking expansions
Eagles Crest Condominiums
Wapiti Crossing Condominiums
Rivers Pointe Downtown Condominiums
East Riverwalk Condominiums
Estes Park Visitor Center
Cherokee Meadows Subdivision
Talons Pointe
Johnstown Self Storage
Olympus Views Condominiums (Commercial Office Space)
Roadway/Trails:
4th Street Rehabilitation & Elkhorn Avenue
Overlay – Town of Estes Park
US 36 & Community Drive Turn
Lane/Roundabout - Town of Estes Park
Hwy 34/36 Bridge Underpass - Town of Estes Park
Lake Estes Pedestrian Trail,
Phase II, IV - Town of Estes Park
Taft Hill Road Underpass, Trail System, Parking
Lot and Observation Area – City of Ft. Collins
Mountain Village at Estes Park Resort
240
ENGINEER
KRISTEN EKEREN, P.E.
Engineer
EXPERTISE Roadway and Trail Design, Drainage Analysis, Structural
Analysis and Design, Infrastructure Design
EDUCATION M.S. Civil and Environmental Engineering, Colorado State
University, 2013
B.S. Civil Engineering, South Dakota State University, 2011
REGISTRATION Professional Engineer – State of Colorado
PROFESSIONAL American Society of Civil Engineers; Tau Beta Pi,
AFFILIATIONS
EXPERIENCE SUMMARY
Ms. Ekeren’s engineering background is diverse and encompasses many
engineering disciplines. Her engineering project experience includes storm sewer
modeling and management, water and sewer line design, and roadway and trail
design.
PROJECT EXPERIENCE
Construction Oversight:
Brodie Avenue Construction Oversight – Town of Estes Park & CDOT
4th Street Rehabilitation & Elkhorn Avenue Overlay - Town of Estes Park
Moraine Avenue Bridge Replacement - Town of Estes Park
Roadways/Trails:
MacGregor Avenue Rehabilitation and Trail Design - Town of Estes Park
US 36 & Community Drive Turn Lane/Roundabout - Town of Estes Park
Infrastructure:
Fall River Sewer Design – Upper Thompson Sanitation District
Grand Estates Sewer Design – Upper Thompson Sanitation District
Estes Park Resort Development
Mary’s Lake Campground Sewer Design – Estes Valley Recreation and Park District
East Portal Campground Sewer Line
Drainage Analysis:
Estes Park Resort Development
Structural Analysis and Design:
YMCA Cabin Remodels
The Meadow Development
Fish Creek Trail Extension
MacGregor Avenue
Rehabilitation and
Trail Design
241
A Highly Successful Land Surveyor with over 15 years of experience in managing all land
surveying activities and staffing; responsible for ensuring best practices are followed and
quality assurance goals are obtained; as well as participate in d evelopment of best practices
as related to land surveying.
SUMMARY OF QUALIFICATIONS
• More than 15 years of Land Surveying experience.
• Thorough knowledge of principles, practices and procedures of ALTA surveys, topographic
surveys, boundary surveys, legal descriptions and easement preparation.
• Superb problem solving skills related to land surveying activities.
• Superb project management skills.
• Solid personnel management experience, including technical evaluation of staff, conflict resolution
skills, emotional composure and initiative.
• Excellent collaboration and project management skills.
• Excellent communications skills in working with other disciplines, clients and outside agencies.
• Sound ability to develop strategies to achieve organizational goals; adapt strategy to
changing conditions.
• Superb skills at Prioritizing and planning work activities; using time efficiently; setting goals and
objectives; organizing and scheduling other people and their tasks plans.
PROFESSIONAL EXPERIENCE
Alpha & Omega Surveying, Denver, Colorado (1993 – 1999)
Party Chief
• Construction Surveying
• Bridge Surveying
• Topographic Surveys
• Boundary Surveys
• Building layouts
• Subdivision Surveys
• Utility Surveys
• Familiar with AutoCad
• Familiar with Trimble total stations and Trimble GPS
• Review blueprints and legal deeds to survey areas in detail.
• Work with contractors in providing survey data for expediting construction projects.
Azimuth Surveying, Inc, Broomfield, Colorado (1998 – Present)
Principal Land Surveyor
• Project manager
• Conducted and supervised field surveys associated with land surveys.
• Wrote easement descriptions and prepared easement plats.
• Wrote legal descriptions and prepared plats in connection with land surveys.
• Performed and supervised various surveying functions including topography surveys, construction
surveys, etc.
• Conducted and supervised field surveys associated with land surveys.
• Participated in preparation of engineering services proposals, including the calculation/estimati on
of time schedules and costs of the proposed work.
• Independently communicated on technical matters with the client.
PROFESSIONAL CERTIFICATION
Professional Land Surveyor (Colorado)
The University of Colorado, Denver
BS Civil Engineering (2002)
JOHN A. DAOUD
Home: (303) 450-5455
Cell: (720) 205-4378
azimuthsurveying@gmail.com
P.O. Box 528
Broomfield, CO 80038
242
PRIMARY CONTACT
Michael Todd, PE – Principal
Cornerstone Engineering & Surveying, Inc.
1692 Big Thompson Avenue – Suite 200
Estes Park, CO 80517
Office: (970) 586-2458
Fax: (970) 586-2459
Cell: (970) 214-7318
Email: mtodd@ces-ccc.com
243
Town of Estes Park
Ryan Barr
Public Works Dept.- Project Manager
Traffic Control Inspection
Cornerstone Engineering
Michael S. Todd, P.E.
Cornerstone Engineering
Tammy DeBaise
Cornerstone Engineering
Kristen Ekeren, P.E.
& Surveying, Inc.
Cornerstone Engineering
& Surveying, Inc.
Engineer Tech / CAD Tech / Surveying
KEY STAFF & TEAM MEMBERS
Jes Reetz
Project DocumenationConstruction Engineer/ Project Oversight
& Surveying, Inc.
& Surveying, Inc.
Azimuth Surveying, Inc.
Jean Daoud
Project Team Coordinator
Team Leader/ Project Oversight
Surveying
ORGANIZATIONAL CHART
244
Name Job Title Experience Availability
Mike Todd, P.E., Cornerstone Engineering Team Leader/ Project
Oversight 27 years 80%
Jes Reetz, Cornerstone Engineering Engineer Tech /
CADD Tech 20 years 20%
Kristen Ekeren, P.E., Cornerstone Engineering
Construction
Engineer/ Project
Oversight
5 years 40%
Tammy DeBaise, Cornerstone Engineering
Project
Documentation &
Traffic Control
Inspection
15 years 10%
Jean Daoud, PLS, Azimuth Surveying Surveyor 25 years 10%
PROJECT PERSONNEL
245
PERSONNEL TASKS
Mike ToddKristen EkerenTammy DeBaiseJes ReetzJean DaoudMeet with Project Stake Holders Including Town
Administration to Discuss Project Progress
Public Works Director P P
Town Engineer/Town Project Manager P P
Colorado Department of Transportation P P
Assist Town Project Manager in Meeting with
Adjoining Property Owners, Business, Utility and
Citizens
Answer Questions About Construction Schedule P P
Assist with Property Access and Parking P P
Help Resolve Property Owner, Business & Citizens Concerns
Related to Construction P P
Construction Management
Monitor Daily Progress at the Project Site P P P
Schedule and Monitor Project Material Testing P P
Answer Contractor Field Questions P P
Review Contractor Submittals P P
Review Monthly / Final Pay Application for Quantities P P
Review RFI Submittals P P
Review Change Orders & Submit to Town Project Manager P P
Provide Daily Inspection of Traffic Control P
Review Contractors Progress Schedule P P
Maintain Daily Work Log P P
Prepare Design Drawings for Clarification of Construction P
Field Survey P P P
Project Close Out
Compile Punch List P P
Provide Final Quantity Tabulations P P P
Compile & Verify Material Testing Documentation P P P
PERSONNEL TASKS
246
DESIGN TEAM
Michael Todd, PE, Project Manager | 27 years experience | 18 years with
Cornerstone Engineering & Surveying, Inc.
Mike will serve as the Team Project Manager, overseeing the day to day project
oversight. Mike will also serve as the primary contact to the Town and contractor.
Mike’s expansive background in engineering has allowed him to utilized his
expertise in many design/build and construction oversight projects. He has
performed as design engineer and project manager for municipalities, government
and private sector clients. These projects have included roadways, bridges, multi-
use trails, storm drainage, water and wastewater treatment and design, water and
sewer line design and land development.
• Brodie Avenue Construction Oversight – Town of Estes Park & CDOT
• 4th Street Rehabilitation & Elkhorn Avenue Overlay – Town of Estes Park
MacGregor Avenue Reconstruction – Town of Estes Park
Moraine Avenue Bridge Replacement – Town of Estes Park
Prospect Avenue By-Pass Reconstruction – Town of Estes Park
State Highway 36/Fish Creek Road and Underpass CDOT
State Highway 34/36 Bridge Underpass – CDOT
Jes Reetz, Roadway Design | 25 years experience | 18 years with
Cornerstone Engineering & Surveying, Inc.
Jes having worked on the design exhibits for the 4th Street Rehabilitation, he will be
responsible for assisting with exhibit preparation, Right-of-Way research,
construction layout and surveying. Jes’ background in civil drafting has allowed him
to apply his skills on various construction/development projects. These projects
have included roadways and trails, water and sewer lines, dams, tunnels, geology
maps and profiles and land development.
Hwy 34/36 Bridge Underpass – Town of Estes Park & CDOT
State Hwy 36/Fish Creek Road and Underpass - CDOT
Lake Estes Pedestrian Trail, Phase II, IV
Taft Hill Road Underpass, Trail System, Parking Lot and Observation Area
– City of Ft. Collins
Kristen Ekeren, PE: Roadway Design | 4 years experience | 2.5 years with
Cornerstone Engineering & Surveying, Inc.
Kristen will be instrumental in the day-to-day task for construction oversight
including monitoring daily construction activities, material documentation. Kristen’s
engineering background is diverse and encompasses many engineering
disciplines. Her engineering project experience includes storm sewer modeling and
management, water and sewer line design and roadway and trail design.
• Brodie Avenue Construction Oversight – Town of Estes Park & CDOT
• 4th Street Rehabilitation & Elkhorn Avenue Overlay – Town of Estes Park
Moraine Avenue Bridge Replacement- Town of Estes Park
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• MacGregor Avenue Rehabilitation and Trail Design – Town of Estes Park,
Colorado
Grand Estates Sewer Main Replacement – Upper Thompson Sanitation
Estes Park Resort Development
Green Infrastructure Project Identification and Conceptual Design – City
of Omaha
Tammy DeBaise: Project Documentation and Traffic Control Inspection
| 15 years experience | Cornerstone Engineering & Surveying, Inc.
During the Moraine Avenue Bridge Replacement project, Tammy provided traffic
control monitoring, tabulation of traffic control devices verifying compliance with
the approve traffic control plans and trouble shoot potential problem areas.
• 4th Street Rehabilitation & Elkhorn Avenue Overlay – Town of Estes Park
Moraine Avenue Bridge Replacement- Town of Estes Park
Jean Daoud, PLS: Surveying – Azimuth Surveying, Inc. | 15+ years
experience
Jean will be available to provide field survey services to verify and update the
contractor layout as required. Jean will also be available for any Right-of-Way
issues that may arise. A highly successful land surveyor with 15+ years of
experience in managing all land surveying activities and staffing; responsible for
ensuring best practices are followed and quality assurance goals are obtained; as
well as participate in development of best practices as related to land surveying.
Project Manager
Conducted and supervised field surveys associated with land surveys
Wrote easement descriptions and prepared easement plats
Performed and supervised various surveying functions including
topography surveys, construction surveys, etc.
Fish Creek Trail – Phase II
Fish Creek Trail – Phase III
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STATEMENT OF COMPLIANCE
Cornerstone Engineering & Surveying, Inc., (CES) has familiarized itself with
the terms and conditions set forth in the Administrative section of the Request
for Proposal Construction Oversight Fall River Trail. Further, CES has
familiarized itself with the nature and extent of the work site, locality a nd local
conditions which will affect the successful design of the project.
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COST – Unit Rate Sheet
CORNERSTONE ENGINEERING & SURVEYING, INC.
FALL RIVER TRAIL CONSTRUCTION OVERSIGHT
2020 SCHEDULE OF RATES
EMPLOYEE CATEGORY HOURLY RATE
Principal/Project Manager $160
Engineering:
Engineer P.E. $120
Engineer Technician $100
Construction Engineer $95
Construction Field Representative $95
Surveying:
Licensed Surveyor $120
Surveyor $95
Survey Technician $75
Survey Crew $160
Support:
Computer Technician, CAD Technician $95
CAD Drafter $85
Administrative $65
Direct Reimbursables
Travel, communications, printing, deliveries, outside services, and sub-
consultant services shall be reimbursed at cost plus 15 percent.
Mileage shall be reimbursed at the rate of 57.5 cents per mile or the current
IRS Standard Mileage Rate.
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EXHIBIT 1
Town of Estes Park Acceptance of Conditions Statement
EXHIBIT 2
Consultant’s Personnel and Subconsultant’s Listing
EXHIBIT 3
Town of Estes Park Reference Authorization and Release Form
EXHIBITS
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EXHIBIT 1
TOWN OF ESTES PARK
ACCEPTANCE OF CONDITIONS STATEMENT
No employee, elected or appointed official of the Town of Estes Park, or
any such person’s spouse or dependent child has an existing or pending,
direct or indirect, financial, ownership or personal interest in the proposing
firm of this Request for Proposal, except as follows:
I/we hereby agree to all instructions, terms and conditions, and
specifications contained herein: I acknowledge receipt of the following
addenda:
Proposing Firm:
Address:
Telephone Number:
Submitted By:
Signature
Printed Name:
Attest:
#1, Dated 3-13-2020 & #2, Dated 3-18-2020
Cornerstone Engineering & Surveying, Inc.
1692 Big Thompson Avenue, Suite 200, Estes Park, CO 80517
970-586-2458
Michael Todd
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EXHIBIT 2
CONSULTANT’S PERSONNEL AND SUBCONSULTANT LISTING
Name: Role:
ILLEGAL
ALIENS:
Insert additional lines if needed.
The Contractor certifies that the Contractor shall comply with the provision of CRS 8 -17.5-101, et seq. The Contractor shall not knowingly
employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontracto r 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 Emp loyment 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 th e Contractor
shall be liable for actual and consequential damages to the Town.
If the Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or cont racts 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.
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EXHIBIT 3
TOWN OF ESTES PARK
REFERENCE AUTHORIZATION AND RELEASE FORM
To:
A Corporation
By: , A Partnership whose address is
(Proposer) An Individual
Proposer hereby authorizes Town to perform such investigation of proposer as
the Town deems necessary to establish the qualifications, responsibility and
financial ability of proposer. By its signature hereon, proposer authorizes
owner to obtain reference information concerning proposer and releases the
party providing such information named above and the Town from any and all
liability to proposer as a result of any such reference information provided.
Proposer further waives any right to receive copies of reference information
provided to the Town. An executed copy of this Reference Authorization and
Release Form may be used with the same effectiveness as an original.
By:
Print Name:
Title:
Date:
Town of Estes Park
Cornerstone Engineering & Surveying, inc. 1692 Big Thompson Avenue, Suite 200, Estes Park, CO 80517
Michael Todd, P.E.
Principal
3-23-2020
254
Cornerstone Engineering & Surveying, Inc.
1692 Big Thompson Avenue – Suite 200
Estes Park, Colorado 80517
Phone: (970) 586-2458
255
Hourly Rate$160$100$95$120$160$95$65Item No. DescriptionProject EngineerEngineer Tech.Construction Eng.Licensed SurveyorSurvey CrewCADD Tech.ClericalExpensesTOTALweekshours/ weekTotal HoursAConstruction AdministrationA1Material Testing RFP/ Pre-Construction Prep2010$4,15031030A2Weekly Progress Meetings3424$7,72023358A3Public Out Reach10$1,6005210A4RFI/Submittals/ Design Clarification2025$5,57515345A5Traffic Control Monitoring/ Inspecting115$7,475235115A6Utility Coordination2026$5,67023246A7On Site Inspector 690$65,5502330690A8Construction Documentation54501024$16,550236138A9Project Closeout324024$10,48042496SUBTOTAL19008650100163$124,77030,400082,17501,600010,5950$124,770CORNERSTONE ENGINEERING & SURVEYING, INC.TOTAL CONSTRUCTION ADMINISTRATION COSTCornerstone Engineering & Surveying, Inc.CONSTRUCTION OVERSIGHT FOR FALL RIVER TRAIL(LWCF, RTP, Harmony, RMNP)FEE PROPOSALCES Fee Proposal is based on 115 working day construction Contrat Time. This equates to a 23 week construction period. Following submittal of the contractor base schedule the proposed fee schedule can be adjusted to account fro actual weeks of work anticipated. 256
TOWN ADMINISTRATOR’S
OFFICE
Memo
To: Honorable Mayor Jirsa
Board of Trustees
From: Town Administrator Machalek
Date: April 14, 2020
RE: Revised Policy 602: Purchasing Policy – Local Preference
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER_Policy________
QUASI-JUDICIAL YES NO
Objective:
Town Board consideration of modifications to Policy 602: Purchasing Policy – Local
Preference.
Present Situation:
In light of the ongoing economic impacts of COVID-19 on businesses in the Estes
Valley, a number of Trustees have indicated interest in reviewing and discussing Policy
602: Purchasing Policy – Local Preference.
Currently, this Policy offers a 5% advantage to local businesses for Town purchases.
This means that when a quote/proposal/bid price from a local vendor falls within 5% of
the lowest bid, the Town may use discretion in determining if the quote/proposal/bid
should be awarded locally. Local is defined as a business that is headquartered within
the boundaries of the Estes Park R3 School District.
Staff has developed some suggested modifications to this policy to serve as a starting
point for Town Board discussion. Local preference policies should strive to balance the
tangible benefit of keeping more Town dollars local with the need to keep the cost of
services to taxpayers and rate-payers down.
Proposal:
The proposed policy edits expand the Town’s Local Preference Policy. The suggested
changes include:
Increasing the percentage of local advantage from 5% to 10% for purchases less
than $50,000; and
Increasing the percentage of local advantage from 5% to 7% for purchases less
than $100,000.
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These changes increase support for local businesses while still balancing the need to
spend taxpayer/rate-payer funds wisely.
Advantages:
Supports local businesses by amending the percentage of local advantage for
purchases less than $100,000.
Disadvantages:
When utilized, the local preference provisions increase the cost of materials and
projects to taxpayers/rate-payers.
Action Recommended:
The percentage advantage for local vendors is a policy decision for the Town Board.
Staff recommends the approval of the modified policy contained here.
Finance/Resource Impact:
When used, local preference policy provisions do increase the cost of materials
and projects (up to the percentage of advantage given to local vendors).
Level of Public Interest
Medium
Sample Motion:
I move for the approval/denial of Policy 602: Purchasing Policy – Local Preference.
Attachments:
Redlined Policy 602: Purchasing Policy – Local Preference
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Document: Purchasing Policy/Local Preference 02/09/1604/15/2020
Revisions: 01 Town of Estes Park, Finance Page 1 of 1
Effective Period: Until superceded
Review Schedule: Annually
Effective Date: 0204/0915/202016
References: Financial Policies Manual 6xx
FINANCE
602
Purchasing Policy – Local Preference
1. PURPOSE
To support local businesses, the Town offers local vendors an advantage in public
contracting.
2. POLICY
The Town of Estes Park Board of Trustees authorizes a local business (geographical)
preference.
3. PROCEDURE
a. “Local” is defined as a business headquartered within the boundaries of the Light &
PowerPower and Communications service areaEstes Park R3 School District
boundaries.
b. Quotes for purchases less than $50,000: When the quote is within 510% of the
lowest quote, Department Directors may use their discretion in deciding if the written
quote should be awarded locally.
c. Proposals and bids for purchases between $50,000 and $100,000: When the
proposal or bid price is within 57% of the lowest bid, the Town Administrator may
use his/her discretion in deciding if the proposer or bidder should be awarded locally.
d. Proposals and bids for purchases over $100,000: When the proposal or bid price is
within 5% of the lowest bid, the Town Board may use their discretion in deciding if
the proposer or bidder should be awarded locally.
e. Federal and State grants prohibit geographical preferences; confirm this when using
grant funds.
f. Prior project/work history with the Town will be considered.
g. Must be a business in good standing and hold a current Town business license.
Approved:
Todd Jirsa
Mayor, Town of Estes Park
Date
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WATER DIVISION Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Superintendent Eshelman, Director Bergsten
Date: April 14, 2020
RE: Contract Award for Brook Drive Water Shop Remodel
(Mark all that apply)
☐ PUBLIC HEARING ☐ ORDINANCE ☐ LAND USE
X CONTRACT/AGREEMENT ☐ RESOLUTION ☐ OTHER______________
QUASI-JUDICIAL ☐ YES X NO
Objective:
To award the construction contract for the remodel of 1360 Brook Dr. with Ranack
Corporation of Colorado. This is the new location of the Water Division
Present Situation:
Efficient and safe operations are compromised due to a lack of; parking, space for
employees in the staff room, equipment and material storage on the Town’s Elm Road
property. The Town’s general fund has allowed the Water Division to use the Elm Road
land for many years. As an enterprise fund, the Water Division must pay its own way.
The Water Division purchased 1360 Brook Drive last year to relocate our operations,
freeing up space on Elm Road and providing the Water Division adequate space for the
foreseeable future.
Six general contractors participated in the mandatory pre-bid meeting with five
submitting proposals (see attached bid tabulation). The two lowest bidders are
compared in the lower portion of the bid tabulation.
Proposal:
The Water Division proposes awarding the construction contract for the remodel of 1360
Brook Dr. with the lowest responsive and responsible bidder, Ranack Corporation of
Colorado.
The project will be funded through multiple sources; $870,000 budgeted, $400,000 from
the sale of 577 Elm Rd. to the Public Works Fleet Division, and $435,822 from the
reallocation of funds from budgeted capital projects that have been delayed due to
Colorado Department of Health mandating different project priorities.
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The Project will be managed jointly between Interstice Architecture and the Water
Division.
Advantages:
● Better accessibility to the community than Elm Road.
● Acceptable office space for staff.
● New conference room for the Water Division and other Town Departments.
● Increased staff and customer parking.
● Increased maintenance and repair areas and parts storage within the shop.
● The Fleet Division will gain much needed to space to operate efficiently.
● The visual appeal of the 1360 Brook Drive property will be greatly improved for
the surrounding neighborhood.
Disadvantages:
● Traffic and noise will temporarily increase during construction.
● These costs are funded by the higher water rates; however, the water enterprise
should pay its own and has benefited from the use of Town the long term
benefits outweigh the cost.
Action Recommended:
Staff recommends awarding attached construction contract with Ranack Corporation of
Colorado in the amount of $1,415,722.49. The total project funding includes an
additional $299,100 for contingency, permits and reviews, and additional work for
utilities, paving, landscaping and retaining walls.
Finance/Resource Impact:
Water Fund Account; 503-7000-580.32-22, $1,714,823.
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial of the remodel project and contract award to Ranack
Corporation.
Attachments:
Bid Tabulation
Construction Contract – to be provided Friday, April 10, 2020
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General Contractor Base Bid
Alternates
Duration
(calendar
days)
#1
Deduct to
change
window to
sliders
#2
Deduct to
delete water
feature
#3
Add to replace
east concrete
apron with new
#4
Deduct to
remove site
retaining walls
from scope
#5
Deduct if exist
utility pole is
removed by
Town
Aldrich Builders $2,406,166.41 $7,245.77 $9,328.00 $27,820.00 $90,650.00 $6,000.00 365 ✔ ✔ ✔ ✔
Darling Enterprise Inc.☐ ☐ ☐ ☐
Glacier Creek Construction, Inc.$1,780,213.27 $7,900.00 $5,000.00 $500.00 $122,000.00 $500.00 250 ✔ ✔ ✔ ☐
Greer Construction, Inc.$1,619,000.00 $8,000.00 $3,200.00 $39,600.00 $90,650.00 $5,000.00 180 ✔ ✔ ✔ ✔
Kinley Built $1,586,000.00 $6,835.00 $3,755.00 $28,000.00 $97,125.00 $1,225.00 225 ✔ ✔ ✔ ☐
Ranack Corporation $1,503,122.49 $2,654.00 $2,750.00 $4,800.00 $90,650.00 $1,550.00 135*
see below ✔ ✔ ✔ ✔
ESTES PARK WATER DIVISION PHASE I
BID TABULATION
MONDAY, MARCH 23, 2020
Acknowledge Addenda Visited Site Qualifications & Data Sign & Seal*Ranack submitted their duration in
“work days” rather than calendar days.
135 work days = 190± calendar days.
1
Kept in BidKept in Bid Removed Removed Added
Kinley Built = $1,515,650.00
Ranack = $1,415,722.49
Difference = $99,927.51
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UTILITIES Memo
To: Honorable Mayor Jirsa
Board of Trustees
Through: Town Administrator Machalek
From: Superintendent Eshelman and Director Bergsten
Date: April 14, 2020
RE: Mayor Authority to Sign Purchase Orders for Brook Drive Remodel
(Mark all that apply)
PUBLIC HEARING ORDINANCE LAND USE
CONTRACT/AGREEMENT RESOLUTION OTHER______________
QUASI-JUDICIAL YES NO
Objective:
To obtain Town Board approval for the Mayor’s authority to sign purchase orders over
$100,000 for the Brook Drive water shop remodel.
Present Situation:
The Town’s procurement policy requires the Mayor to sign purchase orders over
$100,000. The Board must vote to authorize the Mayor to sign this purchase order.
Proposal:
Staff proposes the Board authorize the Mayor to sign the purchase order.
Advantages:
● Better accessibility to the community than Elm Road.
● Acceptable office space for staff.
● New conference room for the Water Division and other Town Departments.
● Increased staff and customer parking.
● Increased maintenance and repair areas and parts storage within the shop.
● The Fleet Division will gain much needed to space to operate efficiently.
● The visual appeal of the 1360 Brook Drive property will be greatly improved for
the surrounding neighborhood
Disadvantages:
● Traffic and noise will temporarily increase during construction.
These costs are funded by the higher water rates; however, the water enterprise should
pay its own and has benefited from the use of Town property on Elm Road.
Action Recommended:
Staff recommends giving the Mayor authority to sign the purchase order.
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Finance/Resource Impact:
Water Fund Account; 503-7000-580.32-22, $1,415,723
Level of Public Interest
Low
Sample Motion:
I move for the approval/denial giving the Mayor Authority to sign the PO.
Attachments:
None
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