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HomeMy WebLinkAboutPACKET Town Board 2022-11-22The Mission of the Town of Estes Park is to provide high‐quality, reliable services for the benefit of our citizens, guests, and employees, while being good stewards of public resources and our natural setting. The Town of Estes Park will make reasonable accommodations for access to Town services, programs, and activities and special communication arrangements for persons with disabilities. Please call (970) 577-4777. TDD available. BOARD OF TRUSTEES - TOWN OF ESTES PARK Tuesday, November 22, 2022 7:00 p.m. In Person Meeting – Mayor, Trustees, Staff and Public ADVANCED PUBLIC COMMENT By Public Comment Form: Members of the public may provide written public comment on a specific agenda item by completing the Public Comment form found at https://dms.estes.org/forms/TownBoardPublicComment. The form must be submitted by 12:00 p.m., Thursday, November 22, 2022. All comments will be provided to the Board for consideration during the agenda item and added to the final packet. REMOTE PUBLIC PARTICIPATION WILL NO LONGER BE AVAILABLE IN 2023 REMOTE PUBLIC PARTICIPATION DURING BOARD MEETING Remote participation in the meeting will be available by call-in (telephone) or online via Zoom Webinar which will be moderated by the Town Clerk’s Office. Instructions are also available at www.estes.org/boardsandmeetings by clicking on “Virtual Town Board Meeting Participation”. Individuals participating in the Zoom session should also watch the meeting through that site, and not via the website, due to the streaming delay and possible audio interference. CALL-IN (TELEPHONE):877-853-5257 (toll-free) Webinar ID: 982 1690 2040 ONLINE (ZOOM WEBINAR): https://zoom.us/j/98216902040 Webinar ID: 982-1690-2040. PLEDGE OF ALLEGIANCE. (Any person desiring to participate, please join the Board in the Pledge of Allegiance). AGENDA APPROVAL. PUBLIC COMMENT. (Please state your name and address). TOWN BOARD COMMENTS / LIAISON REPORTS. TOWN ADMINISTRATOR REPORT. CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated November 8, 2022, Town Board Study Session Minutes dated November 8, 2022, and Town Board Special Study Session Minutes dated November 10, 2022. 3. Estes Park Board of Adjustment Minutes dated September 13, 2022 (acknowledgment only). 4. Estes Park Planning Commission Minutes dated September 20, 2022 and Study Session Minutes dated October 18, 2022 (acknowledgment only). Prepared 11-10-2022 *Revised 11-18-2022 Page 1 NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the agenda was prepared. 5. Family Advisory Board Minutes dated September 1, 2022 and Special Meeting Minutes dated September 27, 2022 (acknowledgment only). 6. Appointment of Chris Pawson to the Estes Park Planning Commission to Complete the Term of Janene Centurione Expiring March 31, 2028. 7. Resolution 96-22 Intergovernmental Agreement with the State of Colorado Department of Local Affairs for a Grant to support Broadband Initiative Planning and Implementation. 8. Resolution 97-22 Setting the Public Hearing for A New Lodging and Entertainment Liquor License Application for Estes Park Catering LLC dba Jubilations Catering. ACTION ITEMS: 1. RESOLUTION 95-22 CONSTRUCTION CONTRACT WITH DIETZLER CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF THE FALL RIVER TRAIL EXTENSION. Engineer Bailey. Staff is seeking approval of the construction contract in the amount of $3,220,674.38 for the next 0.5-mile-long segment of the Fall River Trail. Construction costs will be offset by two previously awarded grants, totaling approximately $1.4 million. ADJOURN. * * Page 2 Town of Estes Park, Larimer County, Colorado, November 8, 2022 Minutes of a Regular meeting of the Board of Trustees of the Town of Estes Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park on the 8th day of November, 2022. Present: Wendy Koenig, Mayor Scott Webermeier, Mayor Pro Tem Trustees Marie Cenac Kirby Hazelton Barbara MacAlpine Patrick Martchink Cindy Younglund Also Present: Travis Machalek, Town Administrator Jason Damweber, Assistant Town Administrator Dan Kramer, Town Attorney Kimberly Disney, Recording Secretary Absent: None Mayor Koenig called the meeting to order at 7:00 p.m. and all desiring to do so, recited the Pledge of Allegiance. YEARS OF SERVICE RECOGNITION. Mayor Koenig recognized staff which met service milestones with the Town, including Deb Holgorsen and Tonya Ziegler – 15 years; Kimberly Disney, Talia Filsinger, Mikaela Fundaun, Laura Garcia, David Hook, Karen Johnson, Maria Jonoska, and Jeffrey Woeber –5 Years. Additionally, the Town Board recognized Town Administrator Machalek for his service during the COVID-19 Emergency Declaration from March 19, 2020 to October 31, 2022, as well as the October 2020 wildfire evacuation. AGENDA APPROVAL. It was moved and seconded (Hazelton/Younglund) to approve the Agenda, and it passed unanimously. PUBLIC COMMENTS. None. TRUSTEE COMMENTS. Trustee comments were heard and have been summarized: Several Trustees attended the annual Día de los Muertos event. The Estes Park Board of Adjustment met and approved a variance request for a Cleave Street business. The Estes Park Planning Commission would be held November 15, 2022 to review the final Comprehensive Plan. The Larimer County Behavioral Health Policy Council met and elected Commissioner Shadduck-McNally as the new chair and received a presentation from the CSU Social Work – Yarrow Collective and The Family Center. The Regional Air Quality Council met and reviewed the budget and support options for individuals and local municipalities. The Parks Advisory Board reported completion of the 2021-2022 goals and have begun identifying 2023 goals. Family Advisory Board listening sessions would begin November 13, 2022 with interaction limited to 20 people. Blue Santa has begun and the last day for donations would be December 4, 2022. The Economic Development Corporation met and discussed the Estes Park High School Business & Management Class second-hand clothing fundraiser and the need for a code development committee. TOWN ADMINISTRATOR REPORT. Town Administrator Machalek thanked the Town Board for their recognition and acknowledged staff and other entities for their efforts during the COVID-19 Emergency Declaration and October 2020 wildfires. DR A F T Page 3 Board of Trustees – November 8, 2022 – Page 2 CONSENT AGENDA: 1. Bills. 2. Town Board Minutes dated October 25, 2022. 3. Parks Advisory Board Minutes dated September 15, 2022 (acknowledgement only). 4. Transportation Advisory Board Minutes dated September 21, 2022 (acknowledgement only). 5. Resolution 87-22 Intergovernmental Agreements with the Estes Valley Fire Protection District and Park Hospital District dba Estes Park Health for Dispatch Services. 6. Appointment of Phil Frank to the Estes Park Housing Authority to complete the term of Dan Centurione, expiring April 30, 2024. It was moved and seconded (Webermeier/MacAlpine) to approve the Consent Agenda, and it passed unanimously. ACTION ITEMS: 1. RESOLUTION 91-22 DECLARING THE TOWN OF ESTES PARK’S DECISION TO DECLINE ALL PARTICIPATION IN THE COLORADO PAID FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM (FAMLI). Mayor Koenig opened the public hearing and Director Williamson presented Resolution 91-22 to formally decline the Town’s participation in the FAMLI program. She highlighted the history of the insurance program, its components, associated costs, timeline for the program, level of employee interest in the program, and advantages and disadvantages of the Town opting into or out of the program. The Board discussed how often the Town would need to declare its participation, financial impacts to the employees and the Town, and the ability of the Town to opt out. Mayor Koenig closed the public hearing and it was moved and seconded (Younglund/Martchink) to approve Resolution 91-22, and it passed unanimously. 2. PUBLIC HEARING – 2023 BUDGET. Mayor Koenig reopened the public hearing continued from October 25, 2022. Director Hudson presented the proposed 2023 budget of approximately $87 million. The budget outlines the intended uses of the Highway User Trust Fund revenues received from the State of Colorado estimated at $277,106, used to offset costs in the Streets division of Public Works. Resolution 88-22 would set the mill levy for 2023 at 1.822 mills for a total of approximately $454,394 in property tax revenues. Resolution 89-22 would adopt the 2023 budget as presented. Resolution 90-22 would appropriate sums of money to be expended as outlined in the proposed budget. The 2023-2027 Capital Improvement Plan would provide guidance to the Board, staff, and citizens on upcoming projects and funding needs. Mayor Koenig closed the public hearing and it was moved and seconded (Webermeier/Cenac) to approve the Highway User’s Trust Fund for expenditures for striping, snow plowing, traffic signs, street lights, and other related road and street costs as proposed for 2023, and it passed unanimously. It was moved and seconded (Webermeier/Younglund) to approve Resolution 88- 22, Resolution 89-22, and Resolution 90-22, and it passed unanimously. It was moved and seconded (Hazelton/Younglund) to approve the Capital Improvements Plan for 2023-2027, and it passed unanimously. 3. CHANGE ORDER AND CONTRACT AMENDMENT FOR CLEAVE STREET IMPROVEMENTS WITH KIMLEY-HORN AND ASSOCIATES FOR $250,000 BUDGETED. Engineer Bailey presented the Change Order and Contract Amendment with Kimley-Horn and Assoiciates. He highlighted the history of the DR A F T Page 4 Board of Trustees – November 8, 2022 – Page 3 project, new redevelopment proposals along Cleave Street, community outreach, the increased costs of $235,000, and scope updates for Cleave Street Improvements. The Board discussed the project completion date and it was moved and seconded (Younglund/Hazelton) to approve Change Order No. 7 and Contract Amendment No. 1 to the Professional Services Contract with Kimley- Horn and Associates, Inc. for design and engineering of the Cleave Street Improvements project, and it passed unanimously. 4. ORDINANCE 18-22 EXPANDING THE BOARD OF COMMISSIONERS OF THE ESTES PARK HOUSING AUTHORITY. Mayor Koenig opened the public hearing and Town Attorney Kramer presented Ordinance 18-22 to expand the Estes Park Housing Authority Board of Commissioners. He highlighted the request for membership increase previously submitted by the Board of Commissioners, and current membership restrictions. Estes Park Housing Authority Board of Commissioner Chair Blackhurst thanked the Town Board for their consideration of the Ordinance and stated the intention of the expansion would be to allow for different demographics on the board. The Board discussed posting requirements for available positions, the interviewing process, and term lengths. Mayor Koenig closed the public hearing and it was moved and seconded (Hazelton/Martchink) to approve Ordinance 18-22, and it passed unanimously. 5. 2023 STRATEGIC PLAN ADOPTION. Town Administrator Machalek presented the 2023 Strategic Plan and highlighted the Strategic Planning Sessions held May 17, 2022 and June 13, 2022, and minor changes since the last planning session including: moving Outstanding Community Services Goal 8.A to the Infrastructure Outcome Area in order to group it with similar efforts; adding more specific dates to Transportation Objective 7.A.1; and adding more specific dates to Transportation Objective 7.B.1. It was moved and seconded (Younglund/Hazelton) to approve the 2023 Strategic Plan, and it passed unanimously. Town Clerk Williamson announced the preliminary 2022 Coordinated Election results with 63% in favor of Ballot Issue 6E. Whereupon Mayor Koenig adjourned the meeting at 7:58 p.m. Wendy Koenig, Mayor Kimberly Disney, Recording Secretary DR A F T Page 5 Town of Estes Park, Larimer County, Colorado November 8, 2022 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 8th day of November, 2022. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Attending: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Hazelton, MacAlpine, Martchink, and Younglund Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, Town Clerk Williamson and Deputy Town Clerk Beers Absent: Trustee Cenac Mayor Koenig called the meeting to order at 5:30 p.m. DOWNTOWN ESTES LOOP UPDATE. On July 26, 2022 the Board approved an amendment to the memorandum of agreement and reimbursable agreement for the Downtown Estes Loop to increase the Town’s local match funding by $500,000. This increase was intended to allow for competitive bidding of the construction work. Neil Ogden, Central Federal Lands Project Manager and Agency member provided an overview of the bid process for the project. He stated the advertising was expanded from a traditional four-week process to a five-week process where two completed bids were received. Bids reflected higher cost than the engineer estimate. He stated completion of the Downtown Estes Loop project requires an additional $1 million in local match funds and factors affecting cost difference included: unprecedented construction cost index; workforce and supply chain, availability of materials, project proximity and complexity, maintenance of traffic and seasonal closure restrictions, and specialized work items with limited cost data. He reviewed project options including: Option 1 – terminate further work on the project, Option 2 - cancelling the current solicitation and readvertising in six to twelve months or Option 3 - confirm bid results and move into construction early 2023. The conditional letter of map revision has been approved and FEMA has cleared the project to commence construction. He stated the notice to proceed for construction could begin December 1, 2022, and the proposed contract completion would be December 15, 2024. Director Muhonen reviewed the condition of existing infrastructure needs which would be addressed through the project. He acknowledged the impacts of a 24-month construction project in the middle of the downtown corridor. He requested direction from the Board to consider the increase in local match funding and the consideration of a special meeting for further discussion and Board determination. Board questions have been summarized: Whether partner agencies for the project have investigated coordinating opportunities with Rocky Mountain National Park (RMNP) to manage traffic; questioned if bids reflect high differences historically; whether the agency could confirm no additional funding request would occur over the course of the project; if the Town would be committed to select a bid if the project is readvertised in six to twelve months; what safeguards exist if the project goes over costs; inflation figures and confidence in their adequacy; what happens to the properties acquisitioned as part of the project; and the Board discussed the impacts of the RMNP permitting system and paid parking on traffic to and from the Park. Clarification was requested regarding the sources of the additional funding request and how the Board determines priorities. The Board questioned the cost of a special election to which Town Clerk Williamson anticipated approximately $30,000-$35,000. The Board was in agreement to arrange a special meeting on November 17, 2022 to discuss options and allow public comment. DR A F T Page 6 Town Board Study Session – November 8, 2022 – Page 2 FRACTIONAL OWNERSHIP CODE AMENDMENT. Town Clerk Williamson stated fractional ownership properties are increasing across the nation. Fractional ownership typically involves multiple buyers of a single property with each owner holding an equal part of the title. She reviewed the typical homes used for fractional ownership and reviewed differences between fractional ownership and timeshares. Community impacts included: neighborhood complaints for noise, unknown visitors/guests, and trash; additional vacation home rentals in residential areas; buying up segments of the community; construction of additional units versus building workforce housing units; and increase in housing costs. She stated there are fractional ownership properties being advertised as short-term rentals in unincorporated Larimer County. The difference between a time-share and fractional ownership was identified as the owned equity of a fractional ownership versus the rented time of a timeshare property. Staff stated concerns properties would attempt to find a way to have a vacation home in a residential area this fractional ownership. There are different rentable models which staff may not have identified. Staff would recommend compliance monitoring through the Town’s third-party vendor. Staff would bring forward code amendments in December 2022 which could include regulations for fractional ownership with Board direction. Attorney Kramer provided ownership information on these properties stating an LLC owns the home and people can purchase a portion of the LLC which has changed the dynamics of communities. He suggested treating fractional ownership properties in residential homes like vacation homes because they have relatively similar impacts. Timeshares could be included in the regulations if they are in a residential dwelling unit which both require licenses. The Board directed staff to bring forward an ordinance at a future meeting. ZOOM PUBLIC PARTICIPATION OPTION. Town Clerk Williamson provided background on the use of Zoom Webinar during Town Board meetings which began on March 24, 2020, due to the Declaration of Local Emergency related to COVID-19. Ordinance 04-20 outlined holding emergency meeting and virtual participation by the Board. Upgrades to the Zoom account occurred over this time to expand the number of individuals who could participate, incorporate sub accounts for department and advisory board use, and adding a toll-free number to remove financial barriers to endure public participation during meetings. Use of the platform by the public to provide public comment has been minimal. Staff outlines three options for the Board to consider regarding the use of Zoom Webinar moving forward: Option 1 – continue using Zoom Webinar to allow for remote public participation and comment during Town Board meetings and allow remote participation for staff and consultants; Option 2 – use Zoom Webinar on an as needed basis for remote public participation for high public interest agenda items; or Option 3 – discontinue the use of remote public participation. Staff identified value in consultants participating remotely which could continue through the use of Google Meet if needed and scheduled in advance. Staff recommended phasing out of the use of Zoom through the end of the year. The Board was in agreement to move forward with Option 3 with public outreach on the change. TRUSTEE & ADMINISTRATOR COMMENTS & QUESTIONS. Mayor Koenig stated Trustee Talk sessions have resumed and requested Board commitment to sit sessions every three months to which the Board was in agreement. FUTURE STUDY SESSION AGENDA ITEMS. Town Administrator Machalek requested and it was determined to schedule a discussion about the Planning Division Review Deposit Fees, Cleave Street Improvements Draft Design and the Sunset reviews of the Parks Advisory Board and Transportation Advisory Board for December 13, 2022. There being no further business, Mayor Koenig adjourned the meeting at 6:37 p.m. Bunny Victoria Beers, Deputy Town Clerk DR A F T Page 7 Town of Estes Park, Larimer County, Colorado November 10, 2022 Minutes of a Study Session meeting of the TOWN BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held at Town Hall in the Board Room in said Town of Estes Park on the 10th day of November, 2022. Board: Mayor Koenig, Mayor Pro Tem Webermeier, Trustees Cenac, Hazelton, MacAlpine, Martchink, and Younglund Attending: All Also Attending: Town Administrator Machalek, Assistant Town Administrator Damweber, Town Attorney Kramer, and Town Clerk Williamson Absent: None Mayor Koenig called the meeting to order at 4:00 p.m. WORKFORCE HOUSING REGULATORY LINKAGE FEE DISCUSSION. Town Clerk Williamson reviewed the implementation of the fee with notices to be sent to all vacation home licensees in December and the fee due by January 31. Board discussion followed with comments summarized. Mayor Koenig suggested the linkage fee be paused as a number of things have changed since the fee was adopted in March 2022, including the voter approved Ballot Issue 6E and Proposition 123 to provide funding for housing. She recommended an abeyance of the ordinance/fee in 2023 be considered at the next Town Board meeting to allow the new voter approved funds to be collected in 2023, and allow staff time to develop a detailed plan for the funds prior to collecting the linkage fee. Trustee Younglund commented the approval of the linkage fee was based on the need for a funding source to address the lack of workforce housing and not for a need for a certain dollar amount. The Board vote was further predicated on the need for additional funding sources. She presented a chart that demonstrated an increase in lodging tax collected by vacation homes since 2015, with 2022 estimated at over 45% of all lodging taxes collected. She stated accommodations do not have an impact on workforce housing units unlike vacation homes, especially those in residential zoning areas. Trustee Martchink agreed and stated he would not support eliminating a funding source to address the housing issue with a fee that was developed with the completion of a legally defensible study. The impact on the individual property owners would be minimal and was anticipated as a pass on fee to the end user. There are plans that could be implemented, however, there are not funds to move them forward. Trustee MacAlpine further agreed with moving forward with the linkage fee to begin addressing the housing issue. Mayor Pro Tem Webermeier stated he would be in favor of removing the ordinance because the fee as set has inherent inequities. Not all vacation homers are the same size but the fee established a one size fits all. The fee impacts vacation homes in the town limits but not those in the unincorporated Estes Valley. He further commented seconds homes may impact the availability of housing just as much as vacation homes. He views the fee as a punitive measure to one segment of the community. Trustee Cenac commented there are a number of issues with short term rentals that impact the community such as the inequity between residential and commercial property taxes, the transferability of vacation home licenses, and the licenses are held DR A F T Page 8 Town Board Study Session – November 10, 2022 – Page 2 by property owners to increase the value of their homes and do not actually rent their property. She stated concern with the fee as she sees it as a tax; the inequity for small to large homes; and in town versus county properties. She commented the only way to address the issue would be through a vote on an impact fee. Trustee Younglund commented she has built the fee into her nightly vacation home fee just as she has with other fees, utilities, advertising fees, etc. As we consider the impact of the fee on the constituents, she stated we need to also address constituents needs for workforce housing. She stated the January linkage fees collected could be used to address a number of items already outlined by staff to begin addressing the housing issue. Trustee Hazelton stated she can see both sides and the need for housing by the constituents. She noted the Board owns the decisions of previous votes and Board decisions. She stated she would like to have the discussion with the community. Trustee Cenac commented the previous vote approving the linkage fee was based on the study which has not changed, and she does not view that enough has changed to reconsider the Board’s previous vote. Trustees Hazelton, Martchink and Younglund agreed stating the circumstances around the funding sources and the study has not changed; the vote was based on the study and a legally defensible fee; ample thought and discussion has taken place on the issue; and the fee should be a pass-through expense to the end user. After further discussion, the Board consensus was to move forward with the implementation of the workforce housing regulatory linkage fee in 2023. There being no further business, Mayor Koenig adjourned the meeting at 5:34 p.m. Jackie Williamson, Town Clerk DR A F T Page 9       Page 10 Town of Estes Park, Larimer County, Colorado, September 13, 2022 Minutes of a Regular meeting of the ESTES PARK BOARD OF ADJUSTMENT of the Town of Estes Park, Larimer County, Colorado. Meeting was held virtually in said Town of Estes Park 13 day of September 2022. Committee: Chair Jeff Moreau, Vice-Chair Wayne Newsom, Board Member Joe Holtzman Attending: Chair Moreau, Vice-Chair Newsom, Board Member Holtzman, Community Development Director Jessica Garner, Senior Planner Jeff Woeber, Town Attorney Dan Kramer, Recording Secretary Karin Swanlund, Town Board Liasion Barbara MacAlpine Absent: none Vice-Chair Newsom called the meeting to order at 9:00 a.m. APPROVAL OF AGENDA It was moved and seconded (Holtzman/Newsom) to approve the agenda. The motion passed 3-0. APPROVAL OF CONSENT AGENDA It was moved and seconded (Holtzman/Newsom) to approve the Consent Agenda. The motion passed 3-0. APPEAL-Use of shipping containers 280 North Court Director Garner Chair Moreau recused himself from the Board for this item as he was the appellant. Jeff Moreau, appellant, requested a review of the Estes Park Development Code (EPDC) to determine if shipping containers are allowable accessory structures for outdoor storage in a residential area. The property owners at 280 North Ct submitted an application for a building permit in March 2022 to store two 8'x20' shipping containers on the property. The containers are in addition to one 90.4-square-foot storage shed listed on the survey. The Planning and Building Divisions approved the permit on March 31, 2022. The property owners own and operate a T-shirt shop in Estes Park. According to the owners, the shipping containers are on the site to store overstocked items from their store and personal items from the primary dwelling. Director Garner requested the appeal be dismissed and introduced Town Attorney Kramer to explain. Attorney Kramer explained that an appeal could only be made within 30 days of the permit being issued. Since the permit was issued on March 31, 2022, and the appeal wasn't applied for until July, the Board of Adjustment is not the proper place to hear this. Attorney Kramer requested the appeal be dismissed by the Board of Adjustment and asked the appellant to bring the appeal to the Community Development Department. Member Holtzman asked why this information was just being brought to the Board. Attorney Kramer answered that he was aware of the situation but unaware of the date of the permit issuance until recently. It was moved (Newsom) to dismiss the appeal to not allow shipping containers in a residential Zoning District for the subject property addressed as 280 North Ct. in the Town of Estes Park. The motion failed due to a lack of a second; therefore, the appeal was closed. VARIANCE REQUEST 445 Skyline Dr Senior Planner Woeber Senior Planner Woeber reviewed the staff report. The applicant requests approval of a variance to allow a reduced rear setback of zero feet (0') in lieu of the 15 feet required and side setbacks of 0 feet and 4.2 feet in lieu of the 10 feet required in the R-1 Page 11 Board of Adjustment, September 13 , 2022 – Page 2 (Residential) Zone District under Section 4.3.C.4. of the Estes Park Development Code (EPDC). An Improvement Survey showed the patio encroached slightly over the property line, approximately 4 inches. While this portion was reconstructed, the zoning violation for setbacks remained. The block wall/patio was on the property line on the south and the west (a zero-foot side setback and rear setback, respectively). Staff recommended approval of the proposed variance described in the staff report, with setbacks consistent with the Improvement Survey Plat. DISCUSSION: The history of property setbacks and plats was reviewed at the request of Chair Moreau. Member Holtzman stated that the alleged drainage problems need to be addressed and fixed. Property owner Glen Schultz described the history of purchasing the house. The house was a cash purchase; therefore, a bank survey did not happen. He was made aware that there might be a property line issue the day before closing. The previous owner indicated that 'patios did not need permits at one point in time'. The encroachment onto the adjacent property has been fixed. There were "pop-up" drains off the gutter system, which were moved onto his property when the encroachment was fixed. To his knowledge, the patio drainage does not drain onto the neighbor's property. Regarding the noise issue, they have been on the property less than six times; however, the Discovery Lodge is right there as well, with 100+ rooms making noise. PUBLIC COMMENT: Marcia Rothschild, neighbor, reviewed her concerns about the patio, confirming that the Board received and viewed her submitted video. Comments summarized: She lived in Los Angeles in 2016-17 when the deck was constructed and assumed a permit was issued. The "Development Proposal Under Review" sign for this meeting was not placed in a visible spot. The drainage has caused severe erosion in her yard. When a property changes hands and the neighbor has an issue with something, it should be moved to an urgent matter. The encroachment issue was disputed with the building department prior to the house being sold. Someone other than the building department should have been made aware of the dispute to keep the final decision from being biased. Was unable to afford a survey of the property. Has offered over $7,000 to the Schultz' for the patio to be removed from the setback. The following people spoke on behalf of Ms. Rothschild's concerns: Marni Shymkus, Michael Bodman, Madison Rothschild, Cynthia Elkins, Jacob Barleen, Morgane Barleen, Cathy Lewis, Bontiea Goss, Rosemary McArthur Chair Moreau closed the public comment and asked if the Board had any additional comments. Holtzman reminded him that the alleged drainage problem had not been addressed, which Moreau said he would address in a moment. Moreau stated that given that the previous owners would not have been able to receive a building permit to elevate the area and place a patio at the property, it was his understanding that even if you were building it on-grade and not elevating the patio, that it could not be any closer than three feet to the property line. Minimally, the patio should be brought back to the six-foot edge of the southwest corner and at a maximum (sic) the legal setback distance. This should not be allowed to remain, ignorance of the code is not an excuse, and we ought not to approve the variance. It was moved and seconded (Newsom/Holtzman) to deny the patio variance request for a rear setback of 0 feet and side setbacks of 0 feet at the south property line due to no original permit. It does not meet the setbacks, and no permit was applied for. Had they gone through the steps, there was no reason to have not been in compliance. It was moved and seconded (Moreau/Holtzman) to approve the 4.2-foot shed variance at the north property line for the subject property addressed as 445 Skyline Drive in the Town of Estes Park. Page 12 Board of Adjustment, September 13 , 2022 – Page 3 Both motions passed 3-0. REPORTS The Comprehensive Plan is nearly finalized, with an anticipated date of bringing it to the Planning Commission in November and the Town Board in December. It was decided to abolish moving meeting dates after a Monday holiday to the following week starting in 2023. There being no further business, Chair Moreau adjourned the meeting at 10:40 a.m. Jeff Moreau, Chair Karin Swanlund, Recording Secretary Page 13       Page 14 Town of Estes Park, Larimer County, Colorado, September 20, 2022 Minutes of a Regular meeting of the ESTES PARK PLANNING COMMISSION of the Town of Estes Park, Larimer County, Colorado. Meeting held in said Town of Estes Park on the 20 day of September 2022. Committee: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson Attending: Chair Comstock, Vice-Chair Heiser, Commissioner Elkins, Commissioner Hanson, Director Jessica Garner, Senior Planner Jeff Woeber, Recording Secretary Karin Swanlund, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine Absent: none Chair Comstock called the meeting to order at 1:30 p.m. AGENDA APPROVAL It was moved and seconded (Hanson/Heiser) to approve the agenda. The motion passed 4-0. PUBLIC COMMENT none CONSENT AGENDA APPROVAL It was moved and seconded (Heiser/Hanson) to approve the consent agenda. The motion passed 4-0 ACTION ITEMS 1. Rezone 1754 Fish Hatchery Senior Planner Woeber The Town proposes to rezone 21.8 acres of the total site's 68 acres from Accommodations (A-1) to Residential multi-family (RM). This item is the first step in the entitlement process to establish the Town's workforce housing project. The current A-1 Zoning does not allow for multi-family use. RM is the only Zoning District in the Estes Park Development Code (EPDC) that allows the necessary density bonus and incentives for workforce housing, including an allowance to increase the building height from 30 feet to 38 feet and double the density from eight units per acre to 16 units per acre. Staff recommended the Planning Commission forward a recommendation of approval to the Town Board. DISCUSSION: Chair Comstock asked why the project details were not discussed today. Without any visualization of what this will look like, it is hard to make a decision. The current Comprehensive Plan calls for limited development on this site. Vice Chair Heiser stated that he feels that this is the appropriate type of use for this property. Director Garner cautioned that there are numerous allowed uses in the current A-1 zoning, which are not much different from the requested RM zoning. Applicants from America West were present to explain the concept and reason for the rezoning. All of the studies related to the development plan, and the plan itself, will come after the approval of the rezoning. PUBLIC COMMENT: Karen Cherman, Rod Morten, and Sandy Cherman, town residents, thanked Chair Comstock for his questions and concerns. All agreed that this project's impact, due to the number of people, vehicles, and traffic and how it will affect wildlife, is a considerable concern. Page 15 Planning Commission – September 20, 2022 – Page 2 Scott Moulton, director of the Housing Authority, encouraged the board to look at this as a rezoning only, noting that several steps are yet to come. The applicant noted that the units would be mostly 1 to 2-bedroom, probably unsuitable for families, thus lowering vehicle use. Assistant Town Administrator Jason Damweber stated that the number used, 190 units, is based on the site's utility allotment (water). It was moved and seconded (Heiser/Hanson) to forward a recommendation of approval to the Town Board of Trustees of the Zoning Map Amendment application, to rezone 21.8 acres from A-1 to RM, according to findings of fact recommended by Staff. The motion passed 3-1, with Chair Comstock voting no. Comstock stated that his no vote is due to the unknowns and would like to have seen a Development Plan submitted. 2. Conditional Use Permit 460 Valley Road Senior Planner Woeber The applicant proposes one structure with a detached garage and an Accessory Dwelling Unit (ADU) on the upper level. The garage would be 800 square feet, and ADU would be 712 square feet in size. The structure would be located directly north of the existing residence. DISCUSSION: Lonnie Sheldon, engineer, clarified that this Conditional Use Permit is directly related to use with an ADU. Owners Stan and Mary Peterson stated that this would not be used as a short- term rental but for long-term workforce housing. They are summer residents that live in the main structure. PUBLIC COMMENT: Karen Cherman suggested the Town use incentives to promote more ADU projects. It was moved and seconded (Hanson/Heiser) to approve the Conditional Use Permit application, according to findings recommended by Staff. The motion passed 4-0. 3. Development Plan Twin Owls Motel Senior Planner Woeber The Applicant proposes two new buildings totaling 21,054 square feet with 62 rooms and eight new cabins totaling 2800 square feet to total 110 rooms throughout the site. The project will involve upgrades to water, wastewater and electric infrastructure, additional access, internal circulation, parking areas, and landscaping. Staff recommended approval of the Development Plan. DISCUSSION: Michael Weiss, Castle Peak Holdings, presented a slide show summary showing the plans for upgrading the motel. The exterior footprint will stay the same, but the interior will be fully rehabbed. Heiser asked about the setbacks for parking lots in section 7.11.F and whether the trash enclosure is allowed in the setbacks. Architect Marissa Ritchen said they would double-check on the landscape and parking. David Bangs, Trail Ridge Engineering, noted that more clarity is needed with some minor tweaks related to the parking setbacks and feels this is a minor issue that Page 16 Planning Commission – September 20, 2022 – Page 3 can be resolved. It shouldn't hold up the process of approving this Development Plan. Director Garner stated that it could be addressed administratively, and Attorney Kramer noted it could be approved with conditions. Moira Terry noted that the site's address has been discussed and may be changed to Stanley Avenue by the time the Certificate of Occupancy is issued. Engineer Bangs stated that Stanley Avenue is being used for the front setback. Commissioner Hanson questioned the additional traffic flow onto St. Vrain from Stanley Avenue. Director Garner stated that hotel-use traffic is not the same as office or rush-hour use. Engineer Jennifer Waters discussed the traffic impact study done in November of 2021 did not warrant a traffic signal. This traffic count used the July 2019 peak traffic count from CDOT to make their findings. New connections to the sidewalk are being placed. The "social trail" on the North side of the property is in the CDOT right-of-way and is their responsibility. PUBLIC COMMENT: Marina Connors, 650 Highland Lane, brought up inconsistencies in documents available for review. The drainage report from the previous plan has a discrepancy in the impervious coverage area. The traffic report should be conducted at a busier time. Richard Ralph, town resident, did not feel the landscaping and parking requirements were being met. Dick Mulhern, 131 Stanley Circle Drive, thinks this project will improve the area and thanked the developers. Liz Mulhern,131 Stanley Circle Drive, shared concerns with the lot south of the motel and expressed hopes of keeping it zoned R2. David Bangs, Trail Ridge Engineering, responded to comments made by the public: This site has minimal drainage infrastructure due to storm pipe flows, impervious coverages and proximity to the river. The capacities exceed what is required by quite a bit. A final drainage report will be submitted with final construction plans and reviewed by town engineers. A new one-way exit will be constructed, which should help mitigate the traffic on Stanley Avenue. The traffic will have an impact, but not quantifiable enough to change the classification of the existing intersection, which is classified as "D" on a scale of A-F. A summary of the three approved waivers is: keeping the current entrance, a grade of 15% on the interior driveway, and no curb and gutter on the inside of the development. (Round three of Public Works comments) It was moved and seconded (Heiser/Elkins) to approve the Development Plan application, according to findings recommended by Staff with the following conditions: plan shall be modified without a reduction in parking spaces provided to meet all off-street parking buffering requirements of the EPDC as determined by Staff. The motion passed 4-0. DISCUSSION ITEMS There will be joint Planning Commission/CompPac Study Session on October 18 to discuss the final draft plan before taking it to a public hearing. There is a Community Event on October 6 at the Community Center starting at 5:30 p.m. Trustee MacAlpine encouraged all Commissioners to attend this meeting. Page 17 Planning Commission – September 20, 2022 – Page 4 Commissioner Centurione has resigned from the Planning Commission, and her position will be open to applicants. Director Garner thanked her for her service and contributions over the last two years. There being no further business, Chair Comstock adjourned the meeting at 4:25 p.m. _______________________________ Chair Comstock Karin Swanlund, Recording Secretary Page 18 Town of Estes Park, Larimer County, Colorado October 18, 2022 Minutes of a Joint Study Session of the PLANNING COMMISSION of Estes Park and the Comprehensive Plan Advisory Committee, Larimer County, Colorado. The meeting was held in the Town Board Room, 170 MacGregor Avenue in said town. Commission: Chair Matt Comstock, Vice-Chair Matthew Heiser, Commissioners Joe Elkins, Howard Hanson Attending: Comstock, Hanson, Heiser, Elkins CompPac members Attending: Chuck Cooper, Frank Theis, Karen Thompson, Dave Shirk, John Schnipkoweit Also Attending: Director Jessica Garner, Senior Planner Jeff Woeber, Town Attorney Dan Kramer, Town Board Liaison Barbara MacAlpine, Recording Secretary Karin Swanlund Absent: none Chair Comstock called the meeting to order at 11:30 a.m. The purpose of this joint Study Session was to review the final draft version of the Comprehensive Plan. Miriam McGilvray, lead project manager from Logan Simpson, was in attendance for the review. Director Garner noted that public comments received earlier today were related to the Missing Middle memo included in the meeting packet, not associated with the Comprehensive Plan. McGilvray reviewed the highlights of the plan process over the past 18 months and the four chapters that make up the draft Comprehensive Plan. Also reviewed were the public comments received, both online and from the four in-person meetings that were held. A 30-minute lunch break was taken. CompPac chair Matt Heiser thanked the committee, Town and County Staff, and the public for their hard work and input during the process. He asked for comments from the CompPac committee. No CompPac members commented when given the opportunity. Page 19 Planning Commission Study Session October 18, 2022 – Page 2 Frank Theis relayed a comment from a community member over the frustration at the lack of opportunity for undocumented community members to participate. Elkins asked if there was a way to include those people in the 11th hour. Commissioner Hanson asked about the process going forward, i.e., what happens with all of the comments, and how the document gets edited when the need arises. Director Garner stated that public comment closes on October 23 and will be incorporated into the draft document as necessary. The final draft will be brought before the Planning Commission on November 15, followed by the Town Board adoption in December. Larimer County will also review and adopt the Plan. Dave Shirk, CompPac member, stated that putting more weight on the public comments that show up last minute does a disservice to the longevity of the work that has been done. He thanked Chair Heiser for all his time and work keeping order and level head through this process. Frank Theis, a member of the Estes Valley Planning Advisory Committee and CompPac, noted that areas in the County should be looked at for Future Land Use. For clarification, it was noted that the appendices are adopted with the Plan. Other documents, i.e., wildlife protection and housing needs study that come along later, will be adopted as they are ready. Director Garner mentioned that the Missing Middle study, being worked on by Ayres Associates, is looking at maximizing density and exploring options on how to make this happen. The memo included in the packet was intended to update the Planning Commission and will be brought back for discussion in the future. Chair Comstock adjourned the Study Session at 1:45 p.m. Karin Swanlund, Recording Secretary Page 20 Town of Estes Park, Larimer County, Colorado, September 1, 2022 Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203 of the Estes Park Town Hall in said Town of Estes Park on the 1st day of September, 2022. Committee: Chair Patti Brown, Vice Chair Nancy Almond, Members Debra Avezzano, Deanna Ferrell, Aleta Kazadi, Laurie Dale Marshall, Rut Miller, Jessica Moffett, Nicole White, and Sue Yowell Also Attending: Town Board Liaison Younglund, Assistant Town Administrator Damweber, Interim Captain Life and Deputy Town Clerk Beers Absent: Vice Chair Almond, Members Avezzano, and Dale Marshall Chair Brown called the meeting to order at 3:34 p.m. PUBLIC COMMENT. None. LIAISON REPORT. Trustee Younglund stated Visit Estes Park would consider ballot language for a workforce housing and childcare lodging tax for the November 8, 2022 General Election. Trustee Younglund requested clarification on how absences are documented for FAB meetings. Absences are documented in the minutes and members were encouraged to email Chair Brown in advance of the meeting for a known absence. Assistant Town Administrator Damweber stated the Community Resource page on the Town website was updated based on the recommendations from FAB. MEETING MINUTES DATED AUGUST 4, 2022. It was moved and seconded (White/Kazadi) to approve the meeting minutes dated July 7, 2022, and it passed unanimously. CHAIR REPORT. a. Team Building Recap: Chair Brown thanked FAB members for participating in the event. She would work with the Public Information Office to draft a news release highlighting the efforts of FAB. b. Schedule EP Health Termination/Changes in Services Discussion in October: Chair Brown would attend a public information meeting hosted by EP Health at the Estes Valley Community Center. Community members have shared grave concern related to the discontinuation of critical care services at the facility. c. The ARC of Larimer County Event: Chair Brown to attend an event held at the Estes Valley Community Center to promote resources available in the community. d. Fall “Family Listening Sessions”: Chair Brown recommended a special FAB meeting to discuss the composition of the listening sessions that would focus on issues in the community. Interest was stated in scheduling a special meeting to create the makeup of listening sessions in September. Chair Brown stated Members Dale Marshall and Avezzano resigned from the FAB and directed staff to post the vacancies. Interim Captain Life attended interviews for the replacement of the Mental Health Specialist through SummitStone. More information would be provided when available. SUBCOMMITTEE REPORTS. a. Food Insecurity and Homeless Issues: The Police Department has been exploring partnership opportunities with Crossroads Ministries related to homelessness. Page 21 Family Advisory Board – September 1, 2022 – Page 2 Interim Captain Life stated the Department would be assigning an officer to assist with homeless issues in the community. Member Yowell questioned whether the department would be reaching out to youth in the community who are “couch surfing” and are without permanent housing. Member White stated Crossroads Ministries continue to explore a Youth Outreach Branch to provide assistance and services to homeless youth in the community. b. School and Youth: Member Yowell provided race, gender, language and food assistance statistics for the Estes Park School District. She stated the school experienced an increase in the number of Middle and High school students for the 2022-2023 school year. She reviewed 2021-2022 testing proficiency levels and would provide statistics to the FAB when the school publishes the information. She stated 209 students utilized The Learning Place tutoring services and discussion ensued regarding how students are identified for the program. The Learning Place hosted a luncheon to provide teachers with donated supplies for classrooms which was successful. The Learning Place, Estes Park Elementary School and Newcomers Club partnered to create a form for individuals interested in volunteering at the school. A September news release would be drafted around mental health resources in the community with input from organizations such as SummitStone, Estes Valley Investment in Early Childhood Success, Estes Park School Mental Health Social Worker, Crisis Advocates, and Estes Valley Restorative Justice. KEY TAKEAWAYS & FOLLOW UP. The Estes Chamber of Commerce and Visit Estes Park would host “Estes Next” to gather workforce housing information from local workers and entrepreneurs. The Board reiterated/confirmed items discussed, key takeaways and direction provided during the meeting. There being no further business Chair Brown adjourned the meeting at 4:40 p.m. Bunny Victoria Beers, Deputy Town Clerk Page 22 Town of Estes Park, Larimer County, Colorado, September 27, 2022 Minutes of a meeting of the FAMILY ADVISORY BOARD of the Town of Estes Park, Larimer County, Colorado. Meeting held in Rooms 202/203 of the Estes Park Town Hall in said Town of Estes Park on the 27th day of September, 2022. Committee: Chair Patti Brown, Vice Chair Nancy Almond, Members Deanna Ferrell, Aleta Kazadi, Rut Miller, Jessica Moffett, Nicole White, and Sue Yowell Also Attending: Town Board Liaison Younglund and Assistant Town Administrator Damweber Absent: Members Deanna Ferrell, Aleta Kazadi, Rut Miller, and Jessica Moffett Chair Brown called the meeting to order at 12:01 p.m. PUBLIC COMMENT. None. PLANNING FOR FALL LISTENING SESSIONS Chair Brown proposed a series of 90-minute listening sessions, limited to approximately 20 participants, to be held in different locations around Town, including Town Hall, the Estes Valley Library, and Good Samaritan Society – Estes Park Village. Locations may be limited depending on whether the sessions are to be recorded. Chair Brown expressed interest in requesting RSVPs so the FAB could anticipate attendance and interested topics for discussions. She stated feedback from the listening sessions would be used to create a report to the Town Board. Discussion has been summarized: Whether to target invitations toward particular people/groups or to leave sessions open for anyone to attend; limiting attendance; topic- specific sessions or open the sessions to any feedback; whether sessions would be recorded; inviting a Spanish-speaking translator to all listening sessions and whether one session should be specifically for Spanish-speakers. It was determined Chair Brown would develop a listening session plan and would poll the FAB for alternate availability in October to continue the discussion. Vice Chair Almond would create a suggested list of dates and locations for the listening sessions and members White and Yowell would develop a list of ideas and questions for session topics for consideration. There being no further business Chair Brown adjourned the meeting at 1:05 p.m. Jason Damweber, Assistant Town Administrator Page 23       Page 24 TOWN CLERK Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jackie Williamson, Town Clerk Date: November 22, 2022 RE: Appointment of Chris Pawson to the Estes Park Planning Commission to complete the term of Janene Centurione expiring March 31, 2028. (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER Appointment QUASI-JUDICIAL YES NO Objective: To consider the appointment recommended by the interview committee for the Estes Park Planning Commission. Present Situation: The Town Clerk’s Office advertised for a position on the Commission to fill a vacancy. Two applications were received and interviews were conducted on October 24, 2022. The interview committee consisted of Mayor Koenig and Trustee MacAlpine with Community Development Director Garner and Planning Commission Chair Comstock also present to provide feedback and answer questions from the applicants. Proposal: The interview committee recommends the appointment of Chris Pawson to complete a term expiring March 31, 2028. Mr. Pawson is new to Estes Park. He has a degree in Mechanical Engineering and professional experience as a general manager, commercial and industrial jobsite management and business sales management. Advantages: Filling the vacancy would complete the five-member Commission. Disadvantages: If the appointment is not made, the position would remain vacant until the position could be re-advertised and interviews conducted. Page 25 Action Recommended: Appoint Chris Pawson to the Estes Park Planning Commission to a term expiring March 31, 2028. Finance/Resource Impact: None. Level of Public Interest Low. Sample Motion: I move to approve/deny the appointment of Chris Pawson to the Estes Park Planning Commission to a term expiring March 31, 2028. Attachments: None. Page 26 UTILITIES Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Reuben Bergsten, Utilities Department Director Linda Swoboda, Utilities Business Manager, Utilities Department Date: November 22, 2022 RE: Resolution 96-22 Intergovernmental Agreement with the State of Colorado Department of Local Affairs for a Grant to support Broadband Initiative Planning and Implementation (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Utilities staff is requesting the Town Board accept the Intergovernmental Agreement (IGA) from the Colorado Department of Local Affairs (DOLA), Energy and Mineral Impact Assistance Funds (EIAF) for Broadband Initiative Planning and Implementation for Trailblazer Broadband Design and Construction. Present Situation: The Town Board approved the DOLA EIAF grant application on April 26, 2022, to support Trailblazer design and middle mile construction in rural areas. The Town was notified on August 22, 2022, that the grant application submitted was awarded for the requested amount. The Town has completed installation of services in what is considered as high-density areas and now needs to turn its attention to the lower density rural areas which are more expensive to construct because of distances to reach customers. These rural areas include Glen Haven, Allenspark and east of Town on US Highway 34. The grant award also includes preliminary design for unincorporated Larimer County along US Highway 36 for Pinewood Springs. Proposal: This IGA will support the following proposed work: 1. Final design for construction to Glen Haven, Allenspark and on US Highway 34 (east of Town) all within the Utilities Department services area. Page 27 2. A portion of the construction for installing broadband infrastructure for Glen Haven, Allenspark and US Highway 34. 3. Preliminary design on US Highway 36 in cooperation with the Colorado Department of Transportation (CDOT) and their fiber project between Estes Park and Lyons for potential service Pinewood Springs. This design work does not obligate the Town to serve this area. These communities are included in the Estes Park School, Hospital and Library Districts as part of Estes Valley. Advantages: ● Approving this IGA will allow us to maintain our current pace of construction by offsetting increases due to inflation and construction overruns. ● Approving this IGA will support the initial steps required to bring broadband to unincorporated Larimer County outside the Estes Valley. Disadvantages: ● A $2.8M match is required; however, the Utilities Department will use budgeted construction funds to meet this requirement. ● This funding does not support installation to premise. Action Recommended: Utilities staff recommends the Board approve Resolution 96-22. Finance/Resource Impact: Project name: Trailblazer Broadband Design and Construction for Allenspark, Glen Haven, East of Town along Hwy 34 and preliminary design for Pinewood Springs along Hwy 36. Total project estimated expenses: $4,028,000 Grant amount awarded: $1,190,250 Fund Name: Power and Communication Project Code: TBDOLA Budget Account number: 502-7001-580.35-66 Level of Public Interest The level of public interest will be high for those in these rural areas. Sample Motion: I move for the approval of Resolution 96-22 Attachments: 1. Resolution 96-22 2. DOLA EIAF IGA 3. Amendment #1 to DOLA EIAF IGA Page 28 RESOLUTION 96-22 APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF COLORADO DEPARTMENT OF LOCAL AFFAIRS (DOLA) FOR A GRANT FOR ESTES PARK BROADBAND PLANNING AND IMPLEMENTATION WHEREAS, the Town Board desires to enter into the Intergovernmental Agreement referenced in the title of this resolution for the purpose of supporting the expansion of fiber-optic-based broadband services within the Town of Estes Park Power & Communications Enterprise service area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves this intergovernmental agreement referenced in the title of this resolution in substantially the form now before the Board. The Board approves, and authorizes the Mayor to sign, the first amendment to this intergovernmental agreement in substantially the form now before the Board. The Board approves the agreement and amendment acting as the governing board of the Town’s Power and Communications Enterprise. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 29 State of Colorado Intergovernmental Grant Agreement SUMMARY OF TERMS AND CONDITIONS State Agency Department of Local Affairs (DOLA) DLG Portal Number EIAF-B022 CMS Number 178596 Grantee Town of Estes Park Grant Award Amount $1,190,250.00 Retainage Amount $59,512.00 Project Number and Name EIAF B-022 - Estes Park Broadband Planning and Implementation Performance Start Date The later of the Effective Date or August 31, 2022 Grant Expiration Date August 31, 2024 Project Description The Project consists of expansion of fiber-optic-based broadband services within the Town of Estes Park Power & Communications Division service area. Program Name Energy & Mineral Impact Assistance Program (EIAF) Funding Source STATE FUNDS Catalog of Federal Domestic Assistance (CFDA) Number N/A DOLA Regional Manager Chris La May, (970) 679-7679, (chris.la.may@state.co.us) Funding Account Codes DOLA Regional Assistant Robert Thompson, (970) 290-2381, (robert.thompson@state.co.us) VCUST# 14197 Address Code CN003 EFT THE SIGNATORIES LISTED BELOW AUTHORIZE THIS GRANT DEPARTMENT OF LOCAL AFFAIRS PROGRAM REVIEWER _______________________________________________ By: Angie Cue, EIAF Program Manager Date: __________________________________ STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Rick M. Garcia, Executive Director ______________________________________________ By: Rick M. Garcia, Executive Director Date: _________________________ In accordance with §24-30-202 C.R.S., this Grant is not valid until signed and dated below by the State Controller Effective Date STATE CONTROLLER Robert Jaros, CPA, MBA, JD ___________________________________________ By: Beulah Messick, Controller Delegate Department of Local Affairs Effective Date:_____________________ EIAF CTGG1 NLAA 202300002335 Attachment 2 Page 30 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 2 of 10 Version 0717 TERMS AND CONDITIONS 1. GRANT As of the Performance Start Date, the State Agency shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement awards to Grantee shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement an award of Grant Funds in the amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement. By accepting the Grant Funds provided under this Intergovernmental Grant Agreement, Grantee agrees to comply with the terms and conditions of this Intergovernmental Grant Agreement and requirements and provisions of all Exhibits to this Intergovernmental Grant Agreement. 2. TERM A. Initial Grant Term and Extension Intergovernmental Grant Agreement shall commence on the Performance Start Date and shall terminate on the Grant Expiration Date unless sooner terminated or further extended in accordance with the terms of this Intergovernmental Grant Agreement. Upon request of Grantee, the State may, in its sole discretion, extend the term of this Intergovernmental Grant Agreement by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Expiration Date. B. Early Termination in the Public Interest The State is entering into this Intergovernmental Grant Agreement to serve the public interest of the State of Colorado as determined by its Governor, General Assembly, or Courts. If this Intergovernmental Grant Agreement ceases to further the public interest of the State or if State, Federal or other funds used for this Intergovernmental Grant Agreement are not appropriated, or otherwise become unavailable to fund this Intergovernmental Grant Agreement, the State, in its discretion, may terminate this Intergovernmental Grant Agreement in whole or in part by providing written notice to Grantee. If the State terminates this Intergovernmental Grant Agreement in the public interest, the State shall pay Grantee an amount equal to the percentage of the total reimbursement payable under this Intergovernmental Grant Agreement that corresponds to the percentage of Work satisfactorily completed, as determined by the State, less payments previously made. Additionally, the State, in its discretion, may reimburse Grantee for a portion of actual, out- of-pocket expenses not otherwise reimbursed under this Intergovernmental Grant Agreement that are incurred by Grantee and are directly attributable to the uncompleted portion of reimbursements shall not exceed the maximum amount payable to Grantee hereunder. This subsection shall not apply to a termination of this Intergovernmental Grant Agreement by the State for breach by Grantee. C. Reserved. 3. AUTHORITY Authority to enter into this Intergovernmental Grant Agreement exists in the law as follows: A. State Authority Authority to enter into this Grant exists in C.R.S. 24-32-106 and 29-3.5-101 and funds have been budgeted, appropriated and otherwise made available pursuant to C.R.S. 39-29-110 Page 31 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 3 of 10 Version 0717 (Local Government Severance Tax Fund) and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. This Intergovernmental Grant Agreement is funded, in whole or in part, with State funds. B. Reserved. 4. DEFINITIONS The following terms shall be construed and interpreted as follows: A. Reserved. B. Reserved. C. CORA means the Colorado Open Records Act, §§24-72-200.1 et. seq., C.R.S. D. Exhibits Intergovernmental Grant Agreement: i. Exhibit B, Scope of Project ii. Exhibit G, Form of Option Letter E. Extension Term of time by which the Grant Expiration Date is extended by the State through delivery of an updated Intergovernmental Grant Agreement, an amendment, or an Option Letter. F. Reserved. G. Reserved. H. Goods forth in this Intergovernmental Grant Agreement and shall include any movable material acquired, produced, or delivered by Grantee in connection with the Services. I. Grant Expiration Date and Conditions page of this Intergovernmental Grant Agreement. Work performed after the Grant Expiration Date is not eligible for reimbursement from Grant Funds. J. Grant Funds Grant Award Amount means the funds that have been appropriated, designated, encumbered, or otherwise made available for payment by the State under this Intergovernmental Grant Agreement. K. Incident means any accidental or deliberate event that results in, or constitutes an imminent threat of, the unauthorized access or disclosure of State Confidential Information or of the unauthorized modification, disruption, or destruction of any State Records. L. Initial Term between the Performance Start Date and the initial Grant Expiration Date. M. Intergovernmental Grant Agreement Grant means this agreement which offers Grant Funds to Grantee, including all attached Exhibits, all documents incorporated by reference, all referenced statutes, rules and cited authorities, and any future updates thereto. N. Reserved. O. means all funds necessary to complete the Project, excluding Grant Funds. Grantee is solely responsible for securing all Other Funds. Page 32 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 4 of 10 Version 0717 P.Party means both the State and Grantee. Q. Performance Start Date Date shown on the Summary of Grant Award Terms and Conditions page of this Intergovernmental Grant Agreement. R. Reserved. S. Reserved. T. Reserved. U. Project described in Exhibit B, which includes the Work. V. Project Budget amounts detailed in §6.2 of Exhibit B. W. Reserved. X. Reserved. Y. Services Intergovernmental Grant Agreement, and shall include any services rendered by Grantee in connection with the Goods. Z. State Confidential Information means any and all State Records not subject to disclosure under CORA. State Confidential Information shall include, but is not limited to State personnel records not subject to disclosure under CORA. AA. State Fiscal Rules means the fiscal rules promulgated by the Colorado State Controller pursuant to §24-30-202(13)(a) C.R.S. BB. State Fiscal Year means a 12 month period beginning on July 1 of each calendar year and ending on June 30 of the following calendar year. If a single calendar year follows the term, then it means the State Fiscal Year ending in that calendar year. CC. State Records means any and all State data, information, and records, regardless of physical form, including, but not limited to, information subject to disclosure under CORA. DD. Reserved. EE. Subcontractor -parties, if any, engaged by Grantee to aid in performance of the Work. -grantees. FF. Reserved. GG. Reserved. HH. Reserved. II. Work Intergovernmental Grant Agreement. JJ. Work Product ults of the Work, whether finished or unfinished, including drafts. Work Product includes, but is not limited to, documents, text, software (including source code), research, reports, proposals, specifications, plans, notes, studies, data, images, photographs, negatives, pictures, drawings, designs, models, surveys, maps, materials, ideas, concepts, know-how, and any other results of the Work. Performance Start Date that is used, without modification, in the performance of the Work. Page 33 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 5 of 10 Version 0717 Any other term used in this Intergovernmental Grant Agreement that is defined in an Exhibit shall be construed and interpreted as defined in that Exhibit. 5. PURPOSE The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. The purpose of this Grant is described in Exhibit B. 6. SCOPE OF PROJECT Grantee shall complete the Work as described in this Intergovernmental Grant Agreement and in accordance with the provisions of Exhibit B. The State shall have no liability to compensate or reimburse Grantee for the delivery of any goods or the performance of any services that are not specifically set forth in this Intergovernmental Grant Agreement. 7. PAYMENTS TO GRANTEE A. Maximum Amount Payments to Grantee are limited to the unpaid, obligated balance of the Grant Funds. The State shall not pay Grantee any amount under this Grant that exceeds the Grant Award Amount shown on the Summary of Grant Award Terms and Conditions page of this Intergovernmental Grant Agreement. i. The State may increase or decrease the Grant Award Amount by providing Grantee with an updated Intergovernmental Grant Agreement or an executed Option Letter showing the new Grant Award Amount. ii. The State shall not be liable to pay or reimburse Grantee for any Work performed or expense incurred before the Performance Start Date or after the Grant Expiration Date. iii. Financial obligations of the State payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. B. Erroneous Payments reason, including, but not limited to, overpayments or improper payments, and unexpended or excess funds received by Grantee. The State may recover such payments by deduction from subsequent payments under this Intergovernmental Grant Agreement, deduction from any payment due under any other contracts, grants or agreements between the State and Grantee, or by any other appropriate method for collecting debts owed to the State. C. Matching Funds. Grantee shall provide the Other Funds amount shown on the Project Budget in Exhibit B (the . Grantee shall appropriate and allocate all Local Match Amounts to the purpose of this Intergovernmental Grant Agreement each fiscal year prior to accepting any Grant Funds for that fiscal year. Grantee does not by accepting this Intergovernmental Grant Agreement irrevocably pledge present cash reserves for payments in future fiscal years, and this Intergovernmental Grant Agreement is not intended to create a multiple-fiscal year debt of Grantee. Grantee shall not pay or be liable for any claimed interest, late charges, fees, taxes or penalties of any nature, except as required by Grantee Page 34 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 6 of 10 Version 0717 D. Reimbursement of Grantee Costs The State shall reimburse Grantee amount described in this Intergovernmental Grant Agreement for all allowable costs described in this Intergovernmental Grant Agreement and shown in the Project Budget in Exhibit B. i. Upon request of the Grantee, the State may, without changing the maximum total amount of Grant Funds, adjust or otherwise reallocate Grant Funds among or between each line of the Project Budget by providing Grantee with an executed Option Letter or formal amendment. E. Close-Out and De-obligation of Grant Funds Grantee shall close out this Grant no later than 90 days after the Grant Expiration Date. To complete close out, Grantee shall submit to the State all deliverables (including documentation) as defined in this Intergovernmental Grant Agreement reimbursement request or invoice. Any Grant Funds remaining after submission and payment reimbursement request are subject to de-obligation by the State. 8. REPORTING NOTIFICATION A. Performance and Final Status Grantee shall submit all financial, performance and other reports to the State no later than the end of the close out period described in §7.E. B. Violations Reporting Grantee shall disclose, in a timely manner, in writing to the State, all violations of federal or State criminal law involving fraud, bribery, or gratuity violations potentially affecting this Award. 9. GRANTEE RECORDS A. Maintenance and Inspection Grantee shall make, keep, and maintain, all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to this Grant for a period of three years following the completion of the close out of this Grant. Grantee shall permit the State to audit, inspect, examine, excerpt, copy and transcribe all such records the State determines that an audit or inspection is required without notice at a different time to protect the interests of the State. B. Monitoring Intergovernmental Grant Agreement using procedures as determined by the State. The State shall monitor Gra performance of the Work. C. Audits Grantee shall comply with all State and federal audit requirements. Page 35 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 7 of 10 Version 0717 10. CONFIDENTIAL INFORMATION-STATE RECORDS A. Confidentiality Grantee shall hold and maintain, and cause all Subcontractors to hold and maintain, any and all State Records that the State provides or makes available to Grantee for the sole and exclusive benefit of the State, unless those State Records are otherwise publically available at the time of disclosure or are subject to disclosure by Grantee under CORA. Grantee shall or otherwise disclose to any third party, or permit the use by any third party for its benefit or to the detriment of the State, any State Records, except as otherwise stated in this Intergovernmental Grant Agreement. Grantee shall provide for the security of all State Confidential Information in accordance with all policies promulgated by the Colorado Office of Information Security (http://oit.state.co.us/ois ) and all applicable laws, rules, policies, publications, and guidelines. Grantee shall immediately forward any request or demand for B. Other Entity Access and Nondisclosure Agreements Grantee may provide State Records to its agents, employees, assigns and Subcontractors as necessary to perform the Work, but shall restrict access to State Confidential Information to those agents, employees, assigns and Subcontractors who require access to perform their obligations under this Intergovernmental Grant Agreement. Grantee shall ensure all such agents, employees, assigns, and Subcontractors sign nondisclosure agreements with provisions at least as protective as those in this Grant, and that the nondisclosure agreements are in force at all times the agent, employee, assign or Subcontractor has access to any State Confidential Information. Grantee shall provide copies of those signed nondisclosure restrictions to the State upon request. C. Use, Security, and Retention Grantee shall use, hold and maintain State Confidential Information in compliance with any and all applicable laws and regulations in facilities located within the United States, and shall maintain a secure environment that ensures confidentiality of all State Confidential Information wherever located. Grantee shall provide the State with access, subject to security requirements, for purposes of inspecting and monitoring access and use of State Confidential Information and evaluating security control effectiveness. Upon the expiration or termination of this Grant, Grantee shall return State Records provided to Grantee or destroy such State Records and certify to the State that it has done so, as directed by the State. If Grantee is prevented by law or regulation from returning or destroying State Confidential Information, Grantee warrants it will guarantee the confidentiality of, and cease to use, such State Confidential Information. D. Incident Notice and Remediation If Grantee becomes aware of any Incident, it shall notify the State immediately and cooperate with the State regarding recovery, remediation, and the necessity to involve law enforcement, as determined by the State. After an Incident, Grantee shall take steps to reduce the risk of incurring a similar type of Incident in the future as directed by the State, which may include, but is not limited to, developing and implementing a remediation plan that is approved by the State at no additional cost to the State. Page 36 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 8 of 10 Version 0717 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or activities, or maintain any relationships that conflict in any way with the full performance of the obligations of Grantee under this Grant. Grantee acknowledges that, with respect to this Grant, even the appearance of a conflict of interest shall be and a ee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full Grant. If a conflict or the appearance of a conflict arises, or if Grantee is uncertain whether a conflict or the appearance of a conflict has arisen, Grantee shall submit to the State a disclosure statement setting forth the relevant details for the 12. INSURANCE Grantee shall maintain at all times during the term of this Grant such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S. . Grantee shall ensure that any Subcontractors maintain all insurance customary for the completion of the Work done by that Subcontractor and as required by the State or the GIA. 13. REMEDIES In addition to any remedies available under any Exhibit to this Intergovernmental Grant Agreement, if Grantee fails to comply with any term or condition of this Grant , the State may terminate some or all of this Grant and require Grantee to repay any or all Grant Funds to the State . The State may also terminate this Intergovernmental Grant Agreement at any time if the State has determined, in its sole discretion, that Grantee has ceased performing the Work without intent to resume performance, prior to the completion of the Work. 14. DISPUTE RESOLUTION Except as herein specifically provided otherwise, disputes concerning the performance of this Grant that cannot be resolved by the designated Party representatives shall be referred in writing to a senior departmental management staff member designated by the State and a senior manager or official designated by Grantee for resolution. 15. NOTICES AND REPRESENTATIVES Each Party shall identify an individual to be the principal representative of the designating Party and shall provide this information to the other Party. All notices required or permitted to be given under this Intergovernmental Grant Agreement shall be in writing, and shall be delivered either in hard copy or by email to the representative of the other Party. Either Party may change its principal representative or principal representative contact information by notice submitted in accordance with this §15. 16. RIGHTS IN WORK PRODUCT AND OTHER INFORMATION Grantee hereby grants to the State a perpetual, irrevocable, non-exclusive, royalty free license, with the right to sublicense, to make, use, reproduce, distribute, perform, display, create derivatives of and otherwise exploit all intellectual property created by Grantee or any Subcontractors or Subgrantees and paid for with Grant Funds provided by the State pursuant to this Grant. 17. GOVERNMENTAL IMMUNITY Liability for claims for injuries to persons or property arising from the negligence of the Parties, their departments, boards, commissions, committees, bureaus, offices, employees and officials Page 37 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 9 of 10 Version 0717 shall be controlled and limited by the provisions of the GIA; the Federal Tort Claims Act, 28 U.S.C. §§24-30-1501, et seq. C.R.S. No term or condition of this Intergovernmental Grant Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, or protections of any of these provisions. 18. GENERAL PROVISIONS A. Assignment Grant are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assig obligations approved by the State shall be subject to the provisions of this Intergovernmental Grant Agreement. B. Captions and References The captions and headings in this Intergovernmental Grant Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Intergovernmental Grant Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Intergovernmental Grant Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and understandings related to the Work, oral or written, are merged into this Intergovernmental Grant Agreement. Prior or contemporaneous additions, deletions, or other changes to this Agreement shall not have any force or effect whatsoever, unless embodied herein. D. Modification The State may modify the terms and conditions of this Grant by issuance of an updated Intergovernmental Grant Agreement, which shall be effective if Grantee accepts Grant Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Grant in either an option letter or a formal amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Intergovernmental Grant Agreement to a statute, regulation, State Fiscal Rule, fiscal policy or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Performance Start Date. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this agreement using a digital signature in accordance with the Colorado State Controller Contract, Grant and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use Page 38 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 10 of 10 Version 0717 digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. G. Order of Precedence In the event of a conflict or inconsistency between this Intergovernmental Grant Agreement and any Exhibits or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority: i. Any executed Option Letter ii. The provisions of this Intergovernmental Grant Agreement. iii. The provisions of any exhibits to this Intergovernmental Grant Agreement. H. Severability The invalidity or unenforceability of any provision of this Intergovernmental Grant Agreement shall not affect the validity or enforceability of any other provision of this Intergovernmental Grant Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Grant in accordance with the intent of the Grant. I. Survival of Certain Intergovernmental Grant Agreement Terms Any provision of this Intergovernmental Grant Agreement that imposes an obligation on a Party after termination or expiration of the Grant shall survive the termination or expiration of the Grant and shall be enforceable by the other Party. J. Third Party Beneficiaries rs and assigns described above, this Intergovernmental Grant Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. K. Waiver power, or privilege under this Intergovernmental Grant Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. L. Accessibility Grantee shall comply with and adhere to Section 508 of the U.S. Rehabilitation Act of 1973, as amended, and §§24-85-101, et seq., C.R.S. Grantee shall comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards and available at https://www.w3.org/TR/WCAG21/. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 39 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 1 of 5 EXHIBIT B SCOPE OF PROJECT (SOP) 1. PURPOSE 1.1. Energy Impact. The purpose of the Energy and Mineral Impact Assistance Program is to assist political subdivisions that are socially and/or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels. 2. DESCRIPTION OF THE PROJECT(S) AND WORK 2.1. Project Description. The Project consists of expansion of fiber-optic-based broadband services within the Town of Estes Park Power & Communications Division service area. 2.2. Work Description. The Town of Estes Park (Grantee) will work with a previously hired qualified contractor to complete expansion of broadband service within the Town of Estes Park Power & Communications Division service area. Work includes: final design and installation of approximately 15.4 miles of fiber to Glen Haven, approximately 7 miles of fiber east along Highway 34, and approximately 78 miles of fiber for the Allenspark area. The Allenspark segment will include approximately five (5) cabinet boundary areas, Glen Haven four (4) cabinet boundary areas, and Highway 34 two (2) cabinet boundary areas that feed approximately 200 premises per cabinet. Each cabinet contains several terminals that will service between 4 to 12 premises. Additional Work includes: preliminary engineering for middle mile fiber to the Pinewood Springs area located approximately 12 miles from Estes Park, and all the side roadways within the Pinewood Springs area. Grantee will own and maintain all broadband infrastructure and, in accordance with §9 below, a contractor will be hired to complete the Work. 2.2.1. During a period of ten (10) years following the date of closeout of the Project by the State, the Grantee may not change the ownership of the equipment. If the Grantee decides to change the ownership of the equipment to an entity which the State determines does not qualify in meeting the original intent of the Project, the Grantee must reimburse to the State an amount equal to the current fair market value of the equipment, less any portion of the value attributable to expenditures of non Energy Impact grant funds for acquisition of and improvements to, the equipment. At the end of the ten (10) year period following the date of completion and thereafter, no State restrictions on ownership of the equipment shall be in effect. 2.3. Responsibilities. Grantee shall be responsible for the completion of the Work and to provide required documentation to DOLA as specified herein. 2.3.1. Grantee shall notify DOLA at least 30 days in advance of Project Completion. 2.4. Recapture of Advanced Funds. To maximize the use of Grant Funds, the State shall evaluate Grantee's expenditure of the Grant Funds for timeliness and compliance with the terms of this Grant. DOLA reserves the right to recapture advanced Grant Funds when Grantee has not or is not complying with the terms of this Grant. 2.5. Eligible Expenses. Eligible expenses shall include: contracted labor and materials costs and required testing for the installation of middle mile broadband infrastructure and connections. Grantee shall be solely responsible for engineering, bonding and insurance costs, bid advertisements, permitting, legal fees and right-of-way acquisition costs. 3. DEFINITIONS 3.1. Project Budget Lines. 3.1.1. RFP/bid advertisements, survey work, water/sewer testing fees, electrical inspection and testing fees, C 3.1.2. -of-way acquisition costs. 3.2. Substantial Completion Work is sufficiently complete in accordance with the Grant so it can be utilized for its intended purpose without undue interference. Page 40 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 2 of 5 4. DELIVERABLES 4.1. Outcome. The final outcome of this Grant is completed expansion of fiber-optic-based broadband services for faster more reliable broadband services to areas of unincorporated Larimer County. 4.2. Service Area. The performance of the Work described within this Grant shall be located in unincorporated Larimer County proximate to the Town of Estes Park as described in §2.2 of this Exhibit B. 4.3. Performance Measures. Grantee shall comply with the following performance measures: Milestone/Performance Measure/Grantee will: By: Put Project out to bid. Within 30 days after the Effective Date of this Intergovernmental Grant Agreement. Award and finalize subcontract(s). Within 30 days of bid opening. Begin work/Contractor mobilization. Within 30 days after the Effective Date of this Intergovernmental Grant Agreement. Provide DOLA with digital photos of the Project. Prior to the Grant Expiration Date of this Intergovernmental Grant Agreement. Submit preliminary plan for Pinewood Springs Area. Prior to the Grant Expiration Date of this Intergovernmental Grant Agreement. Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report November 29, 2024 4.4. Budget Line Adjustments. 4.4.1. Grant Funds. Grantee may request in writing that DOLA move Grant Funds between and among budget lines, so long as the total amount of Grant Funds remains unchanged. To make such budget line changes, DOLA will use an Option Letter (Exhibit G). 4.4.2. Other Funds. Grantee may increase or decrease the amount of Other Funds in any one or any combination of budget lines as described in §6.2, or move Other Funds between and among forth in §6.2 change does not require an amendment or option letter . 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. Page 41 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 3 of 5 4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.5.2. Specific submittal dates. Quarter Year Due Date Pay Request Due Status Report Due 3rd (Jul-Sep) 2022 October 30, 2022 Yes Yes 4th (Oct-Dec) 2022 January 30, 2023 Yes Yes 1st (Jan-Mar) 2023 April 30, 2023 Yes Yes 2nd (Apr-Jun) 2023 JULY 15, 2023* Yes Yes 3rd (Jul-Sep) 2023 October 30, 2023 Yes Yes 4th (Oct-Dec) 2023 January 30, 2024 Yes Yes 1st (Jan-Mar) 2024 April 30, 2024 Yes Yes 2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes 3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes *State fiscal year runs July 1 June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. 4.6. DOLA Acknowledgment. The Grantee agrees to acknowledge the Colorado Department of Local Affairs in any and all materials or events designed to promote or educate the public about the Work and the Project, including but not limited to: press releases, newspaper articles, op-ed pieces, press conferences, presentations and brochures/pamphlets. 5. PERSONNEL 5.1. Responsible Administrator Linda Swoboda, Utilities Business Manager, (lswoboda@estes.org) , who is an employee or agent of Grantee, and is hereby designated as the responsible administrator of this Project and a key person under this §5. Such administrator shall be updated through the process in §5.3. If this person is an agent of the Grantee, such person must have signature authority to bind the Grantee and must provide evidence of such authority. 5.2. Other Key Personnel. Reuben Bergsten, Director of Utilities, (rbergsten@estes.org). Such key personnel shall be updated through the process in §5.3. 5.3. Replacement. Grantee shall immediately notify the State if any key personnel specified in §5 of this Exhibit B cease to serve. All notices sent under this subsection shall be sent in accordance with §15 of the Grant. 5.4. DLG Regional Manager: Chris La May, (970) 679-7679, (chris.la.may@state.co.us) 5.5. DLG Regional Assistant: Robert Thompson, (970) 290-2381, (robert.thompson@state.co.us) 6. FUNDING Grant §6.2, Budget, below. 6.1. Matching/Other Funds. Grantee shall provide at least 70% of the Total Project Cost as documented by Grantee and verified by DOLA at Project Closeout. Initial estimates noted in Other Funds §6.2 below. Cost do not require modification of this Intergovernmental Grant Agreement and/or Exhibit B. Page 42 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 4 of 5 6.2. Budget Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds SourceLine # Cost Category 1 Construction/Improvement of Public Utilities $3,900,000 $1,190,250 $2,709,750 Grantee Architectural/Engineering Services $128,000 $0 $128,000 Grantee Total $4,028,000 $1,190,250 $2,837,750 7. PAYMENT Payments shall be made in accordance with this section and the provisions set forth in §7 of the Grant. 7.1. Payment Schedule. If Work is subcontracted or subgranted and such Subcontractors and/or Subgrantees are not previously paid, Grantee shall disburse Grant Funds received from the State to such Subcontractor or Subgrantee within fifteen days of receipt. Excess funds shall be returned to DOLA. Payment Amount Interim Payment(s) $1,130,738 Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment $59,512 Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has accepted, all required reports. Total $1,190,250 7.2. Interest. Grantee or Subgrantee may keep interest earned from Grant Funds up to $100 per year for administrative expenses. 8. ADMINISTRATIVE REQUIREMENTS 8.1. Reporting. Grantee shall submit the following reports to DOLA using the State-provided forms. DOLA may withhold payment(s) if such reports are not submitted timely. 8.1.1. Quarterly Pay Request and Status Reports. Quarterly Pay Requests shall be submitted to DOLA in accordance with §4.5 of this Exhibit B. 8.1.2. Final Reports. Within 90 days after the completion of the Project, Grantee shall submit the final Pay Request and Status Report to DOLA. 8.2. Monitoring. DOLA shall monitor this Work on an as-needed basis. DOLA may choose to audit the records for activities performed under this Grant. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to the operation of activities undertaken pursuant to an under this Grant in accordance with Generally Accepted Accounting Principles. 8.2.1. Subgrantee/Subcontractor. Grantee shall monitor its Subgrantees and/or Subcontractors, if any, during the term of this Grant. Results of such monitoring shall be documented by Grantee and maintained on file. 8.3. Bonds. If Project includes construction or facility improvements, Grantee and/or its contractor (or subcontractors) performing such work shall secure the bonds hereunder from companies holding certificates of authority as acceptable sureties pursuant to 31 CFR Part 223 and are authorized to do business in Colorado. Page 43 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 5 of 5 8.3.1. Bid Bond. ertified check, or other negotiable instrument accompanying a bid as assurance that the bidder shall, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. 8.3.2. Performance Bond. A performance bond on the part of the contractor for 100 percent of the fulfillment of all the contractor's obligations under such contract. 8.3.3. Payment Bond. A payment bond on the part of the contractor for 100 percent of the contract required by statute of all persons supplying labor and material in the execution of the work provided for in the contract. 8.3.4. Substitution. The bonding requirements in this §8.3 may be waived in lieu of an irrevocable letter of credit if the price is less than $50,000. 9. CONSTRUCTION/RENOVATION. The following subsections shall apply to construction and/or renovation related projects/activities: 9.1. Plans & Specifications. Construction plans and specifications shall be drawn up by a qualified engineer or architect licensed in the State of Colorado, or pre-engineered in accordance with Colorado law, and hired by the Grantee through a competitive selection process. 9.2. Procurement. A construction contract shall be awarded to a qualified construction firm through a formal selection process with the Grantee being obligated to award the construction contract to the lowest responsive, responsible bidder meeting the Grantee's specifications. 9.3. Subcontracts. Copies of any and all contracts entered into by the Grantee in order to accomplish this Project shall be submitted to DOLA upon request, and any and all contracts entered into by the Grantee or any of its Subcontractors shall comply with all applicable federal and state laws and shall be governed by the laws of the State of Colorado. 9.4. Standards. Grantee, Subgrantees and Subcontractors shall comply with all applicable statutory design and construction standards and procedures that may be required, including the standards required by Colorado Department of Public Health and Environment, and shall provide the State with documentation of such compliance. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 44 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 1 of 3 OPTION LETTER #Insert # Here SIGNATURE AND COVER PAGE State Agency Department of Local Affairs (DOLA) DLG Portal Number Insert DLG Portal number for this Project Option Letter CMS Number Insert CMS number for this Amendment Grantee Insert Grantee's Full Legal Name Previous CMS #(s) Insert CMS number for orig Agreement, and any prior chg docs Project Number and Name Insert DOLA's project number and name Grant Amount Initial Award: $Insert orig award amt Option Letter ## and date effective/spendable: $0.00 Option Letter ## and date effective/spendable: $0.00 Total Grant Amount: $Insert total award to date DOLA Regional Manager Choose an item. DOLA Regional Assistant Choose an item. Prior Grant Agreement Expiration Date Month Day, Year Current Grant Agreement Expiration Date Month Day, Year THE PARTIES HERETO HAVE EXECUTED THIS OPTION LETTER Each person signing this Option Letter represents and warrants that he or she is duly authorized to execute this Option Letter and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis GOVERNOR Colorado Department of Local Affairs By: ____________________________________ Rick M. Garcia, Executive Director Date: ___________________ ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State contracts. This Option Letter is not valid until signed and dated below by the State Controller or delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ____________________________________ Beulah Messick, DOLA Controller Delegate Effective Date: ___________________ Page 45 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 2 of 3 1) OPTIONS: Choose all applicable options listed in §1 and in §2 a. Option to extend (use this option for Extension of Time) b. Change in the Grant Award Amount within the current term (use this option for an Increase or Decrease in Grant Funds, including Supplemental funding awards) c. Budget Line Adjustment(s) reallocation of awarded Grant Funds to Budget Line(s) (use this Option to redistribute existing Grant Funds between budget lines) 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Option 1(a): In accordance with Section 2(A) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date. Tables in Sections 4.3 and 4.5.2 of Exhibit B are deleted and replaced with the following: Milestone/Performance Measure By: Put Project out to bid. Within __ days of the Effective Date of this Intergovernmental Grant Agreement. Award and finalize subcontract(s) and/or sub- grant(s). [give target date] Provide DOLA with Project Timeline Within __ days of the Effective Date of the subcontract(s). Contractor mobilization/begin Work. Within __ days of the Effective Date of the subcontract(s). Submit Quarterly Pay Requests See §4.5.2 below Submit Quarterly Status Reports See §4.5.2 below Submit Project Final Report [give date certain] Quarter Year Due Date Pay Request Status Report 1st (Jan-Mar) 2023 April 30, 2023 Yes Yes 2nd (Apr-Jun) 2023 JULY 15, 2023* Yes Yes 3rd (Jul-Sep) 2023 October 30, 2023 Yes Yes 4th (Oct-Dec) 2023 January 30, 2024 Yes Yes 1st (Jan-Mar) 2024 April 30, 2024 Yes Yes 2nd (Apr-Jun) 2024 JULY 15, 2024* Yes Yes 3rd (Jul-Sep) 2024 October 30, 2024 Yes Yes 4th (Oct-Dec) 2024 January 30, 2025 Yes Yes 1st (Jan-Mar) 2025 April 30, 2025 Yes Yes 2nd (Apr-Jun) 2025 JULY 15, 2025* Yes Yes 3rd (Jul-Sep) 2025 October 30, 2025 Yes Yes 4th (Oct-Dec) 2025 January 30, 2026 Yes Yes *State fiscal year runs July 1 June 30 annually. Grantee must request reimbursement for all eligible costs incurred during a State fiscal year by July 15 annually. b. For use with Option 1(b): In accordance with Section 7(A)(i) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs , and Page 46 EIAF B-022 - Estes Park Broadband Planning and Implementation Page 3 of 3 Grantee's Name, the State hereby exercises its option to increase/decrease Grant Funds awarded for this Project in an amount equal to amt of increase or (decrease), from beginning dollar amt to ending dollar amt. The Grant Award Amount shown on the Summary of Terms and Conditions page of this Intergovernmental Grant Agreement is hereby changed to ending dollar amt. The Budget table in Section 6.2 and the Payment Schedule in Section 7.1, both of Exhibit B, are deleted and replaced with the following: Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds SourceLine # Cost Category Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement of Public Roadways Grantee Total $ 0.00 $ 0.00 $ 0.00 Payment Amount Interim Payment(s) Paid upon receipt of actual expense documentation and written Pay Requests from the Grantee for reimbursement of eligible approved expenses. Final Payment Paid upon Substantial Completion of the Project (as determined by the State in its sole discretion), provided that the Grantee has submitted, and DOLA has accepted, all required reports. Total c. For use with Option 1(c): In accordance with Section 7(D)(i) of the original Intergovernmental Grant Agreement between the State of Colorado, acting by and through the Colorado Department of Local Affairs, and Grantee's Name, the State hereby exercises its option to re-allocate awarded Grant Funds within the Project Budget. The Budget table in Section 6.2 of Exhibit B is deleted and replaced with the following: Budget Line(s) Total Project Cost Grant Funds Other Funds Other Funds SourceLine # Cost Category Architectural/Engineering Services $ 0.00 Grantee Construction/Improvement of Public Roadways Grantee Total $ 0.00 $ 0.00 $ 0.00 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or , whichever is later. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 47 Amendment CMS Number: 179685 Page 1 of 3 GRANT AGREEMENT AMENDMENT #1 SIGNATURE AND COVER PAGE State Agency Department of Local Affairs (DOLA) DLG Portal Number EIAF-B022 Amendment CMS Number 179685 Grantee Town of Estes Park Previous CMS #(s) 178596 Project Number and Name EIAF B-022 - Estes Park Broadband Planning and Implementation Grant Amount Initial Award: $1,190,250.00 Amendment #1 10/28/2022: $0.00 Total Grant Amount: $1,190,250.00 DOLA Regional Manager Chris La May, (970) 679-7679, (chris.la.may@state.co.us) DOLA Regional Assistant Robert Thompson, (970) 290-2381, (robert.thompson@state.co.us) Prior Grant Agreement Expiration Date August 31, 2024 Current Grant Agreement Expiration Date August 31, 2024 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. GRANTEE TOWN OF ESTES PARK ______________________________________________ By: Name of Authorized Individual ______________________________________________ Title: Official Title of Authorized Individual ______________________________________________ *Signature Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor DEPARTMENT OF LOCAL AFFAIRS Rick M. Garcia, Executive Director ______________________________________________ By: Rick M. Garcia, Executive Director Date: _________________________ PRE-APPROVED FORM REVIEWER By:_______________________________________________ Angie Cue, EIAF Program Manager Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Beulah Messick, DOLA Controller Delegate Amendment Effective Date:_____________________ Attachment 3 Page 48 Amendment CMS Number: 179685 Page 2 of 3 1. PARTIES This Amendment (the “Amendment”) to the Original Grant Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Grantee, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Grantee for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment or October 28, 2022, whichever is later and shall terminate on the termination of the Agreement. 4. PURPOSE The Parties entered into the Agreement to expand fiber-optic-based broadband services within the Town of Estes Park Power & Communications Division service area. Grantee’s Attorney requested that language be added to the Agreement for clarity. This Amendment modifies the Project and Work Descriptions as requested. 5. MODIFICATIONS The Agreement and all prior amendments thereto, if any, are modified as follows: A. The Project Description on the Agreement’s Signature and Cover Page and in §2.1. Project Description in Exhibit B Section 2. Description of the Project(s) and Work are hereby deleted: “The Project consists of expansion of fiber-optic-based broadband services within the Town of Estes Park Power & Communications Division service area.” and are replaced with the following in lieu thereof: “The Project consists of expansion of fiber-optic-based broadband services within the Town of Estes Park, the Estes Park Power and Communications Enterprise, and the Estes Park Power & Communications Division service area.” B. The first sentence in §2.2. Work Description in Exhibit B, Section 2. Description of the Project(s) and Work is hereby deleted: “The Town of Estes Park (Grantee) will work with a previously hired qualified contractor to complete expansion of broadband service within the Town of Estes Park Power & Communications Division service area.” Page 49 Amendment CMS Number: 179685 Page 3 of 3 and is replaced with the following in lieu thereof: “The Town of Estes Park (Grantee) will work with a previously hired qualified contractor to complete expansion of broadband service within the Town of Estes Park, the Estes Park Power and Communications Enterprise, and the Estes Park Power & Communications Division service area.” 6.LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 50 TOWN OF ESTES PARK ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 51       Page 52 RESOLUTION 97-22 SETTING THE PUBLIC HEARING FOR A NEW LODGING AND ENTERTAINMENT LIQUOR LICENSE APPLICATION FOR ESTES PARK CATERING LLC DBA JUBILATIONS CATERING BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: That the filing date of the application for a New LODGING AND ENTERTAINMENT Liquor License, filed by ESTES PARK CATERING LLC DBA JUBILATIONS CATERING, 215 Virginia Drive, Estes Park, Colorado, is November 1, 2022. It is hereby ordered that a public hearing on said application shall be held in the Board Room of the Municipal Building, 170 MacGregor Avenue, on Tuesday, December 13, 2022, at 7:00 P.M., and that the neighborhood boundaries for the purpose of said application and hearing shall be the area included within a radius of 3.15 miles, as measured from the center of the applicant's property. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Page 53       Page 54 Public Works Memo To: Honorable Mayor Koenig Board of Trustees Through: Town Administrator Machalek From: Jeff Bailey, PE, PTOE, Project Manager Greg Muhonen, PE, Public Works Director Date: November 22, 2022 RE: Resolution 95-22 Construction Contract with Dietzler Construction Corporation for the Construction of the Fall River Trail Extension (Mark all that apply) PUBLIC HEARING ORDINANCE LAND USE CONTRACT/AGREEMENT RESOLUTION OTHER______________ QUASI-JUDICIAL YES NO Objective: Obtain Town Board approval of the Construction Contract with Dietzler Construction Corporation (Dietzler) for the construction of the Fall River Trail Extension (TAP & MMOF) Project. Present Situation: In 2020, Public Works was awarded a Transportation Alternatives Program (TAP) Grant for $955,000 and a Multi Modal Options Fund (MMOF) Grant for $448,226 for the construction of this 0.5-mile segment of the Fall River Trail. The project consists of a 10- foot wide, reinforced colored concrete multimodal path, 6 retaining walls, and a transit bus pad, among other features. Six potential bidders attended the mandatory pre-bid meeting held on October 13, 2022. After three weeks of advertising, one bid was received from Dietzler for the October 27, 2022, bid opening. The following table contains the received bid and the engineer’s estimate: COMPANY CITY TOTAL FEE Dietzler Construction Corporation Berthoud, CO $3,220,674.38 Engineer’s Estimate $2,054,349.70 Currently, the Fall River Trail is complete on the east and west ends of the proposed route with a substantial gap in the middle. Page 55 Proposal: Public Works staff propose approving the Construction Contract with Dietzler in the amount of $3,220,674.38, allowing for the next step in filling the trail gap to begin. Project management will be performed by Town engineering staff, and construction observation duties are expected to be provided through a contracted consulting service. Advantages: • Allows for the next 0.5-mile segment of the Fall River Trail to be constructed, partially closing the existing trail gap. • Improved safety for pedestrians and bicyclists along Fall River Road. • Continued implementation of the Estes Valley Master Trails Plan. Disadvantages: • Construction costs exceeded the original project estimate resulting in the need to appropriate additional funds to the project. However, the current economic climate has resulted in substantial construction cost increases across the board, and additional unallocated funds were available to make the project whole. Also, it is uncertain that re-bidding the project at a later date would yield more favorable bids and could result in even higher costs, thus jeopardizing the project. • Disruption of traffic in the proposed work areas during construction. However, the timing of this project was selected to coincide with the reconstruction of the Fall River Entrance Station at Rocky Mountain National Park (RMNP) in order to take advantage of already reduced vehicular traffic in the project area. Action Recommended: Public Works staff recommend that the Town Board approves the Fall River Trail Extension (TAP & MMOF) Construction Contract with Dietzler Construction Corporation in the amount of $3,220,674.38, and authorizes Public Works staff to spend an additional amount up to $29,325.62 if needed to address unanticipated conditions encountered during construction. The maximum expenditure amount is $3,250,000. Finance/Resource Impact: Current impact: • 220-4600-462.36-60 (project code FRTR1B), Larimer County Open Space Fund, $1,656,250 expenditure, $1,783,620 available budget as of 11-22-22, which includes an $870,000 budget modification that was approved on 11-8-22. • 244-3400-434.36-60 (project code FRTR1A), Trails Expansion Fund, $1,593,750 expenditure, $1,593,750 available budget as of 11-1-22. Future One-Time Impacts: This is not expected to significantly impact future one-time or ongoing costs. Page 56 Level of Public Interest Given the Fall River Trail’s overall public benefit upon completion, the level of current public interest would be moderate. It is expected that this level will raise with the construction of each subsequent segment as full trail completion nears fruition over the next few years. Sample Motion: I move for the approval/denial of Resolution 95-22. Attachments: 1.Resolution 95-22 2.FRTE Construction Contract 3.Bid Documents Page 57 RESOLUTION 95-22 APPROVING A CONSTRUCTION CONTRACT WITH DIETZLER CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF THE FALL RIVER TRAIL EXTENSION (TAP & MMOF) PROJECT WHEREAS, in 2020 Public Works was awarded a Transportation Alternatives Program (TAP) Grant and a Multimodal Transportation and Mitigation Options Fund (MMOF) grant for the construction of this 0.5-mile segment of the Fall River Trail; and WHEREAS, the Town solicited bids for the construction of this trail segment and received one bid from Dietzler Construction Corporation on bid opening; and WHEREAS, the Town Board wishes to enter the construction contract referenced in the title of this resolution for the purpose of completing this segment of the Fall River Trail. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: The Board approves, and authorizes the Mayor to sign, the construction contract referenced in the title of this resolution in substantially the form now before the Board. The Board authorizes additional expenditure under the approval of the Public Works Director of up to an additional amount of $29,325.62, for a total contract amount of $3,250,000, if needed to address unanticipated conditions encountered during construction. DATED this day of , 2022. TOWN OF ESTES PARK Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Attachment 1 Page 58 Jd1 TOWN OF ESTES P� CONSTRUCTION CONTRACT Fall River Trail Extension (TAP & MMOF) THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of Estes Park, Colorado (Town), a municipal corporation, and Dietzler Construction Corporation (Contractor), a Wyoming Corporation, whose address is 100 Gateway Circle, Berthoud, CO 80513. In consideration of these mutual covenants and conditions, the Town and Contractor agree as follows: SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract Documents. CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents. In resolving inconsistencies among two or more of the Contract Documents, precedence will be given in the same order as enumerated. LIST OF CONTRACT DOCUMENTS. The Contract Documents, except for Modifications and Change Orders issued after execution of this Agreement, are: 1.Change Orders; 2.Construction Contract; 3.The following addenda, if any: i.Number Date Page(s) 4 October 20, 2022 2 3 October 18, 2022 2 2 October 11, 2022 7 I October JO, 2022 J; 4.The following Special Conditions of the Contract: i.Document Title Page(s) Special Conditions 3; 5.General Conditions; 6.The following Technical Specifications: i.Document Title Page(s) Project Special Provisions 45 pages CDOT Standard Special Provisions 2020 (as referenced through a 1-page index) CDOT standard Specifications for Road and Bridge Construction 2022 700 pages Agreement for Construction Contract--Page 1 Attachment 2 Page 59 CDOT M & S Standards 2019 326 pages FHWA Manual on Uniform Traffic Control Devices (MUTCD) 864 pages; 7.The following Drawings/Designs: i.Document Title Date 23637-23950 - FRTE-Plans-100% Advertisement Set 2022-05-27 May 27, 2022; 8.Notice to Proceed; 9.Notice of Award; 10.Invitation to Bid 11.Bid Bond; 12.Bid Proposal; 13.Instructions to Bidders; 14.Performance Bond and Payment Bond; 15.Insurance Certificates; 16.Construction Progress Schedule; and 17.Any other documents listed as Contract Documents in the General Conditions. CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the completion of the Project according to the Contract, subject to change orders as approved in writing by the Town, under the guidelines in the General Conditions. The Town will pay the base sum of 3,220,674.38 DOLLARS (Contract Price), to the Contractor, subject to full and satisfactory performance of the terms and conditions of the Contract. The Town has appropriated sufficient money for this work. COMPLETION OF WORK. The Contractor must begin work covered by the Contract within 15 work days, and must complete work: _x_ within 170 working days from and including the date of Notice to Proceed, according to the General Conditions. LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within the time period described above, or within such other construction time if modified by a change order, the Town may permit the Contractor to proceed, and in such case, may deduct the sum of $3,200.00 for each calendar day that the Work shall remain uncompleted from monies due or that may become due the Contractor. This sum is not a penalty but is the cost of field and office engineering, inspecting, interest on financing and liquidated damages. The parties agree that, under all of the circumstances, the daily basis and the amount set for liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for delay. The Town expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of Estes Park incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms are impossible to measure. Agreement for Construction Contract--Page 2 Page 60 SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail, postage prepaid, to the following address: TOWN OF ESTES PARK Public Works Department/Engineering Division 170 MacGregor A venue P.O. Box 1200 Estes Park, CO 80517 INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor obtains, at the Contractor's own expense, all required insurance as specified in the General Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form and amount. RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save harmless, and defend the Town, its officers and employees, from and in all suits, actions or claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the Town under the Contract; the Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so much of the money due the Contractor under the Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that the Contractor and the Town are adequately protected by public liability and property damage insurance. The Contractor also agrees to pay the Town all expenses incurred to enforce this "Respon sibility for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insureds, the Contractor agrees to pay for the cost of that defense. Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under the Contract. STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as an independent contractor and not as an agent or employee of the Town. No employee or official of the Town will supervise the Contractor nor will the Contractor exercise supervision over any employee or official of the Town. The Contractor shall not represent that it is an employee or agent of the Town in any capacity. The Contractor and its employees are not entitled to Workers' Compensation benefits from the Town and are obligated to pay federal and state income tax on money earned pursuant to the Contract. This is not an exclusive contract. Agreement for Construction Contract--Page 3 Page 61 THIRD-PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give or allow any claim, benefit, or right of action by any third person not a party to the Contract. Any person except the Town or the Contractor receiving services or benefits under the Contract shall be only an incidental beneficiary. INTEGRATION. The Contract is an integration of the entire understanding of the parties with respect to the matters set forth in it, and supersedes prior negotiations, written or oral representations and agreements. DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless modified within a Contract Document. EXECUTED this __ day of _____ � 2022. (Signature pages to follow.) Agreement for Construction Contract--Page 4 Page 62 TOWN OF ESTES PARK By:--------------­ Title: -------------- State of --------) ss County of ______ __, Date The foregoing instrument was acknowledged before me by ________ ...., as ___ _ ________ of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this __ day of __________ ___, 2022. Witness my hand and official Seal. My Commission expires Notary Public APPROVED AS TO FORM: Town Attorney Agreement for Construction Contract--Page 5 Page 63 CONTRACTOR By: J2_& \ �=tc Title: \) \?-Cu cd:'Cb t\ ef State of (1 \ Drnc\ D )) ss: County of f:iY\V(\Q_,) The foregoing instrument was acknowledged before me by ·11usse\ l Th DW\ pci>Y\ lf, (Name of party signing) as VP-CoYltRtillte of btrl--�li.v U)\i\s\-vu.chDl".I eo�p. (Title of party signing) (Name of corporation) a_�\N�':J-+-=D�VV\�\�i'liL...c+--------corporation, on behalf of the corporation, this {State of �orporation) �lS __ dayof NDVfVV\lct� Witness my hand and official Seal. My Commission expires M CUJ 7, }JY}_ � LAUR.A ANNI NOS NOTARY PUBLIC • STATE OF COLOR.ADO NOTARY 10 2020◄016130 MY COMMISSION EXPIRES MAY 7, 202◄ YJ� Notary Publi Agreement for Construction Contract--Page 6 Page 64 Bidding Documents FALL RIVER TRAIL EXTENSION TAP M405-025 (23637) & MTF M405-026 (23950) [TAP] [MMOF] Public Works Department Advertisement Date: October 7, 2022 Bid Opening Date: October 27, 2022 Attachment 3 Page 65 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Table of Contents Page 1 TABLE OF CONTENTS 1.Invitation to Bid 2.Instructions for Bidders 3.Bid Bond Form 4.Bidder’s Qualifications and Data Form 5.Subcontractors and Related Data Form 6.Bid Proposal Form 7.Bid Schedule Form (.pdf and separate Excel file) 8.Construction Contract Template 9.General Conditions 10.Special Conditions 11.Project Special Provisions 12.Construction Plans (Separate file) 13.Geotechnical Report (Separate .pdf file) Page 66 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page | 1 INVITATION TO BID PROJECT: Fall River Trail Extension (TAP & MMOF) SCOPE: The scope of work for this project includes the construction of a segment of Fall River Trail approximately 0.5 miles in length and consisting of a 10-foot wide, reinforced colored concrete multimodal path. The project will include the construction of 6 retaining walls, a transit bus pad, and other features shown in the plans. For bidding and budgetary purposes, the project has been divided into two segments, A and B. The Town is asking that two bid schedules be submitted: Bid Schedule 1 for Segment A (approximately 2,236 feet in length) and Bid Schedule 2 for Segment A+B (approximately 2,715 feet in length). Segment A will include construction of the 6 retaining walls and bus transit pad. All bids shall be treated in accordance with the State of Colorado’s “Standard Specifications for Road and Bridge Construction 2021.” All work performed shall additionally follow the specifications listed in the Special Conditions, Standard Special Provisions, and Project Special Provisions. Determination of successful bidder will be made on the basis of the lowest responsive, responsible Bid. Bid Preference may be given to contractors listed on the CDOT Prequalified Contractor Listing to ensure that bidders have adequate experience with CDOT specifications and standards. Contractors must be registered on SAM.gov The Town of Estes Park, Colorado will receive sealed Bids for “Fall River Trail Extension (TAP & MMOF) Project” until 2:00 P. M. (our clock) on the 27th day of October, 2022. Bids may be submitted via one of the following methods: 1.‘BidNet’: Response to the solicitation on Rocky Mountain E-Purchasing System (www.rockymountainbidsystem.com); or 2.Email to the Project Manager Jeff Bailey, PE at jbailey@estes.org; or 3.Hand delivery (accompanied by a USB drive) to the following address: TOWN OF ESTES PARK Attn: Jeff Bailey, PE 170 MACGREGOR AVE. ESTES PARK, COLORADO 80517 Late bids will not be accepted or considered. Page 67 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page | 2 The Bidding Documents are available on www.rockymountainbidsystem.com as well as on the Town’s website at www.estes.org/rfp. Interested bidders are responsible for verifying receipt of all applicable documentation, including any associated addenda. The Town of Estes Park cannot guarantee accurate information obtained from sources other than BidNet. SCHEDULE OF ACTIVITES: (subject to change) Event Date Invitation to Bid (ITB) Available October 7, 2022 Pre-Bid Conference (10:00 a.m.) October 13, 2022 Deadline for Questions (4:00 p.m.) October 19, 2022 Final Addenda Issued October 21, 2022 Bid Opening (2:00 p.m. our clock) October 27, 2022 Notice of Award October 31, 2022 Town Board Approval (tentative) November 22, 2022 Pre-Construction Conference (tentative) November 28, 2022 Notice to Proceed (tentative) November 29, 2022 Substantial Completion (tentative) May 25, 2023 Construction Completed (tentative) June 29, 2023 A MANDATORY PRE-BID CONFERENCE will be held at 10:00 a.m. October 13, 2022 at the Town Hall, Room 202, 170 MacGregor Ave, Estes Park, CO. No field visit will accompany the Pre-Bid Conference. Alternatively, proposing firms are expected to visit the project site and use both the Pre-Bid Conference and the written inquiry opportunities to obtain sufficient information to prepare a competitive bid. Prospective offerors may submit written inquiries concerning the requirements of this solicitation to Jeff Bailey, PE via BidNet or e-mail, before the Deadline for Questions listed above. A Bid Guarantee in an amount equal to 5% of the total Bid amount is required at the time of the Bid Opening. The Guarantee must be a certified check payable to the Town of Estes Park or a satisfactory Bid Bond executed by the Bidder. Bids will be opened and publicly read aloud during a Bid Opening meeting at 2:00 p.m. on the 27th day of October, 2022. The successful Bidder shall provide the Town with a Certificate of Insurance naming the Town of Estes Park as an additional insured for all policies required in the General and Special Conditions, a Statement of Liability and Indemnity, and with proof of Workers' Compensation coverage. If awarded the Bid, a Performance Bond and a Labor and Material Payment Bond are required within ten days of the date the written Notice of Award, each for the total amount of the Contract Price. Page 68 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page | 3 No Bidder may withdraw a Bid for a period of thirty days after the date fixed for opening the Bids. The Town of Estes Park reserves the right to cancel this Invitation to Bid; reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received, when it is in the Town's best interest to do so. TOWN OF ESTES PARK Jeffrey C. Bailey, PE, Project Manager Page 69 INSTRUCTIONS FOR BIDDERS SUBMISSION OF BIDS Sealed Bids will be received by the means listed in the Invitation to Bid (BidNet, e-mail, and hand delivery). Timely delivery of Bids is the Bidder's responsibility and Bids received after the time and date indicated in the Invitation to Bid will not be accepted. If the Bid is hand delivered, it must be accompanied by a USB drive. The sealed Bid envelope shall be enclosed in a separate mailing envelope, have proper postage for return delivery, and shall be clearly marked as follows on the outside of the envelope: Bid Enclosed For (Project Name) Name of Bidder Return Address Oral, telephone or fax Bids are invalid and will not receive consideration. On occasion, an exception to this procedure may be made. The Project Manager may make an exception under extreme circumstances, in the Manager's sole discretion. No Bid alterations or interlineations will be permitted, unless made before submission and initialed and dated. If initialed, the Town may require the Bidder to identify the alteration so initialed. In the Case of No Bid, please return your Bidding Documents indicating No Bid on the form and on the outside of the return envelope. BIDDING DOCUMENTS The following documents constitute the Bidding Documents for this project: 1.Invitation to Bid 2.Instructions for Bidders 3.Bid Bond 4.Bidder’s Qualifications and Data 5.Subcontractors and Related Data 6.Bid Proposal Form 7.Bid Schedule (Separate file attachment) 8.Specifications (CDOT 2022 Standard Specifications for Road and Bridge Construction [Not included]) 9.Drawings/Plans (Separate file attachment) 10.Project Geotechnical Report (Separate file attachment) 11.Draft CDOT Lane Closure Policy Exception Request 12.Construction Contract Template 13.General Conditions 14.Special Conditions 15.Project Special Provisions 16.Addenda (if any) Page 70 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Instructions to Bidders Page | 2 17.Project Geotechnical Report (separate file attachment) The Bidder will download the Bidding Documents as directed in the Invitation to Bid. All forms associated with, bound with, or attached to the Bidding Documents are a necessary part thereof and must not be detached. The Bidding Documents will state the location and description of the proposed Work and will show the estimate of the various quantities of work to be performed and materials to be furnished, the time in which the work must be completed, the amount of the Bid Guarantee (which must accompany the Bid) and the date and time of the opening of the Bids. It will also state any special provisions or requirements, which vary from or are not contained in the General Conditions. ADDITIONAL BID DETAILS Pre-Bid Conference: A mandatory Pre-Bid Conference will be held as directed in the Invitation to Bid. Persons Submitting Bids: Each Bid must contain the full name(s) and U.S. Postal Service mailing address of the Bidder(s), and any person signing any Bid as agent of another, or of a firm, must furnish legal evidence of authority to do so. A person who submits a Bid and affixes "President," "Secretary," "Agent," or other designation to his or her signature, without disclosing the principal, may be personally held to the Bid. The Town will not consider more than one Bid from an individual, firm, partnership, or corporation under the same or different names. Evidence that any Bidder is interested in more than one Bid for the same work will be cause for rejection of all such Bids. Collusion between the Bidders will be considered sufficient cause for the rejection of all affected Bids. A party quoting prices to a Bidder is not thereby disqualified from quoting prices to other Bidders or from submitting a direct Bid on the Bidder's own behalf. Bid Pricing: All prices shall be stated in words and numbers except where the forms provide for numbers only. Use of the provided bid schedule in MS Excel spreadsheet format is acceptable. Unit Price Bid Schedule: When the Town requests Unit Prices, the Bidder shall fully complete the schedule of unit prices included in the bid schedule. When the Town includes an additional amount on the bid schedule for minor contract revisions and the Town has estimated bid quantities on the schedule. Bidders shall include that add amount in the total Bid price. The total of all the unit prices bid multiplied by the estimated quantity of each item shall be the total Bid price. The Town will pay for the final measured, used, or delivered quantities at unit prices in the Bid. Page 71 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Instructions to Bidders Page | 3 Discrepancies: In the event of a difference between extended price and unit price of the bid schedule, the unit price governs. Modifications: Modifications to Bids already submitted will be allowed if received prior to the time specified in the Invitation to Bid. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised Bids. The modifications shall be submitted via BidNet or in writing and shall be signed in the same manner and by the same person(s) who signed the Proposal. Withdrawal of Proposal: A Bidder may withdraw a Bid at any time prior to the time Bids are to be opened, via BidNet or by written request of the Bidder. Any such request shall be signed in the same manner as, and by the same person(s) who signed the Bid Proposal. Alternate Bids: Whenever Alternate Bids are called for specifying the use of several different classes of materials or types of improvements for the same work, all Bidders are requested to submit prices for use of each of the several classes of materials or types of improvements as specified. The material to be used or the type of improvement to be adopted will be selected by the Town after the Bids have been opened and read. Unless otherwise specifically provided in the specifications for the improvement, Bids shall be made upon each and every item shown on the blank Bid Schedule. Variation in Estimated Quantities: The Contractor must reasonably expect a variation in the estimated quantities from the actual quantities and no claims will be allowed for anticipated profits, for loss of profits or for damage of any sort because of a difference between the estimate of any item and the amount of the item actually required. The Town reserves the right to eliminate items from the Bid Schedule when the Town deems it in its best interest. Cost of Bid Preparation: The total cost of bid preparation and submission shall be assumed by the Contractor. Taxes: The Town of Estes Park is exempt from paying sales or use taxes. Materials and equipment purchased solely for Town projects, that will become a permanent part of the final project, are tax exempt. The Town will furnish its tax exempt number, in lieu of requiring the Contractor and subcontractors to obtain their own certificates of exemption from the Colorado State Department of Revenue. Contractors and all subcontractors purchasing materials tax exempt must disclose the nature of the Town's project, the Town’s purchase order, and then provide the Town's tax exempt number to the supplier. FAMILIARIZATION WITH THE WORK AND SITE CONDITIONS Before submitting Bids, prospective Bidders shall familiarize themselves with the work, the site where the work is to be performed, local labor conditions and all laws, regulations and other factors affecting performance of the work. Bidders shall carefully correlate their observations with requirements of the Contract and otherwise satisfy themselves as to the expense and difficulties attending performance of the work. The submission of a Bid constitutes a representation of compliance by the Bidder. There will be no subsequent financial adjustment for lack of such familiarization. Page 72 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Instructions to Bidders Page | 4 Site Conditions: Bidders shall visit the site of the work and completely inform themselves relative to construction hazards and procedures, the availability of lands, the character and quantity of surface and sub-surface materials, and utilities to be encountered, the arrangement and condition of existing structures and facilities, the procedures necessary for maintenance of uninterrupted operation of existing sewers and other utilities, the character of construction equipment and facilities needed for performance of the work, and facilities for transportation, handling, and storage of materials and equipment. All such factors shall be properly investigated and considered in the preparation of Bids. REQUESTS FOR EXPLANATION Bidders should immediately notify the Town of any discrepancies in or omissions from the Drawings or Specifications, so that the Project Manager can publish an Addendum in response. Any Bidder may submit a written request for explanation or correction of any part of the Bidding or Contract Documents, as directed in the Invitation to Bid. Questions and points of clarification are requested to be submitted via BidNet or email when possible. The deadline for submitting such requests is detailed in the Invitation to Bid and/or Special Conditions. The Project Manager will also field phone calls, but written communication is preferred. Oral explanations and interpretations made prior to the Bid Opening will not be binding. ADDENDA Any explanations or corrections to the Bidding Documents shall be furnished to all Bidders as Addenda via BidNet and the Town’s website. Final Addenda issuance shall be as directed in the Invitation to Bid and/or the Special Conditions. All Bidders shall acknowledge receipt of Addenda in the Bid Proposal form. If there is to be a postponed Bid Opening, this will be communicated on BidNet as an Addendum (and an automatically generated notification will be sent to all who downloaded the original Bidding Documents). BID GUARANTEE Each Bid shall be accompanied by a Bid Guarantee (typically a Bid Bond) as directed in the Invitation to Bid. No Bid will be considered unless accompanied by the Bid Guarantee. No personal or business checks will be accepted as Bid Guarantees. When Alternate Bids are called for, providing for the use of several different classes of materials or types of improvements for the same work, one Bid Guarantee in the amount of five percent of the total amount of the highest Bid will be sufficient for all Bids. The Bid Guarantee of the Bidder(s) to whom a contract award is made may be returned when the successful Bidder executes a contract and files a Labor and Material Payment Bond, a Performance Bond, and any other documents required by the Notice of Award. The Bid Guarantee of the next three lowest responsible Bidders may be retained for a period not to exceed 45 days and may be returned after the execution of the Construction Contract and bonds by the successful Bidder. The Bid Guarantee of all other Bidders may be returned after the contract is awarded. However, Bid Bond surety forms provided with the Bid will not be returned Page 73 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Instructions to Bidders Page | 5 unless specifically requested by the Bidder. Certified Checks (or other forms of bid securities used as Bid Guarantees)) may be returned immediately following the Bid Opening, at the discretion of the Project Manager, to those who are not apparent low Bidders. If the successful Bidder fails to enter into a contract according to the Bidder's accepted Bid or fails to furnish the required bonds within ten calendar days from Notice of Award, or by such time as modified by Special Conditions, the Bid Guarantee shall be forfeited to the Town of Estes Park as liquidated damages. The next lowest responsible Bid shall then be considered the successful Bid and, at the discretion of the Town, the contract may be awarded to the Bidder submitting that Bid. BONDS Bonds shall be executed on a form acceptable to the Town, as specified in the General Conditions, by a corporate bonding company licensed to do business in the State of Colorado and acceptable as Surety to the Town. The forms must be countersigned by the Colorado agent. A "Power of Attorney" authorizing the attorney-in-fact to bind the Surety company and certified to include the date of the bond shall accompany the bond. The Performance Bond and Labor and Material Payment Bond must remain in full force and effect during the entire period of the guarantee. The successful Bidder shall give a Performance Bond equal to the amount of the Contract Price. The Performance Bond shall guarantee: (a) the faithful performance and completion of the work in strict accordance with the terms of the Contract, and each and every covenant, condition and part thereof, according to the true intent and meaning of the Contract Documents, as defined in the Contract and (b) the repair or replacement where required, or the cost thereof, for a period of two years after the issuance of the Notice of Construction Acceptance or until all warranty work is completed, whichever occurs last, of all work performed under the Contract. A separate Labor and Material Payment Bond equal to the amount of the Contract Price is required to ensure the payments of laborers, materialmen, suppliers, and subcontractors in connection with the work performed under the Contract and to satisfy the requirements of §38- 26-105 and 38-26-106, C.R.S., as amended. The Town of Estes Park reserves the right to waive bond requirements if permitted by statute. In the event the Performance or Labor and Material Payment Bonds are waived, cost of the bonds shall be reflected as a deduction from the total Bid Price, when so indicated on the Bid Form. There will be a Unit Price deduction for the waiver indicated on the Bid Schedule, when necessary. OPENING OF BIDS The sealed Bids will be opened publicly and read aloud at the time, date, and place set in the Invitation to Bid. Bids received after the time specified in the Invitation to Bid shall be returned Page 74 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Instructions to Bidders Page | 6 unopened. Bid openings will be public and all Bidders are welcome to attend. Bidders or their authorized agents are invited to be present and examine any Bid after opening. EXAMINATION OF BIDS All Bids submitted shall be made available for examination by interested parties within a reasonable time following the Bid Opening. All information in the submitted Bid will be available for public scrutiny, unless the Bidder specifically requests confidential treatment of some or all of its commercial data. Requests for confidentiality shall be in writing, and the portions of the commercial data for which confidentiality is requested shall be clearly identified. Procurement information shall be a public record to the extent provided by Article 24.72, C.R.S., as amended, and shall be available to the public as provided in the statute. The Final Bid Price and the means by which that price was determined are not commercial data and may not be included in any request for confidentiality. EVALUATION OF BIDS Town Discretion: The Town reserves the right to cancel the Invitation to Bid; reject any Bid, in whole or in part; to adjust the quantity of Work to be done as mandated by budgetary requirements; and to waive informalities or irregularities in the Bids received; when it is in the Town's best interest to do so. The Town of Estes Park reserves the right to accept the Bid which in the opinion of the Town will best suit the Town's purpose. Contracts will be awarded only to responsible Bidders capable of performing the class of work contemplated. The Bidder shall furnish a complete statement of the Bidder's experience and of the amount of capital and equipment available for the proposed work on the Bidder's Qualification and Data form. Irregular Bids: Bids may be rejected if they show any omission, alteration of form, additions not called for, conditional Alternate Bids, or irregularities of any kind which, in the opinion of the Town, tend to make the Bid indefinite or ambiguous. The Town will reject bid schedules with prices which are obviously unbalanced, in the Town’s determination. Collusion: Bids will be rejected if there is reason for believing that collusion exists among the Bidders. Participants in such collusion are subject to suspension and debarment. Pre-qualification of Bidders: For certain projects, the Town may require potential bidders to submit information regarding the bidders' qualifications in addition to the Bidder’s Qualification and Data. The requirement for such information will be identified in the Invitation to Bid or elsewhere in the Bid Documents. Any information requested by or on file with the Town may be used to qualify or disqualify potential bidders. Prior to the Award of Contract, the Town will notify the Bidder in writing if the Town, after due investigation, has reasonable objection to any person or organization on such list. Page 75 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Instructions to Bidders Page | 7 If the Town, in its sole discretion, has a reasonable objection to any person or organization on such list, and refuses in writing to accept such person or organization, the Bidder shall submit an acceptable substitute Subcontractor, at no additional cost to the Town. AWARD OF CONTRACTS Any or all Bids may be rejected or informalities in bids may be waived at the option of the Town. The award of the Contract is contingent upon securing an acceptable Bid which will fall within the amount of funds available for construction of the project, or the acquisition of contracted services. Lowest Responsive and Responsible Bidder: In determining Lowest Responsive and Responsible Bidder, in addition to price, the factors listed herein will be considered. A Bid may be rejected if, in the judgment of the Town, the Bidder does not comply with or meet the criteria defined in one or more of the following factors: 1.The ability, capacity and skill of the Bidder to perform the Contract or provide the services required. 2.The ability of the Bidder to perform the Contract or provide the service promptly or within the time specified, without delay or interference. 3.The character, integrity, reputation, judgment, experience and efficiency of the Bidder, to be determined at the sole and absolute discretion of the Town. 4.The quality of performance on previous Town contracts or services. Failure on the part of any Bidder to carry out a previous contract satisfactorily shall be deemed sufficient cause for disqualification. 5.The experience of the Bidder and the availability of equipment necessary to complete the current project. Sufficient cause for disqualification of the Bidder will exist if, in the Town's opinion, the Bidder does not have adequate experience or equipment to properly perform the Work under the Contract. 6.The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the service. 7.The quality, availability, and adaptability of the supplies or contractual services to the particular use required. 8.The ability of the Bidder to provide future maintenance and service for the use of the subject of the contract. 9.Debarment or suspension pursuant to a prior Town determination. ACCEPTANCY OF BIDS AND ITS EFFECT The Town will act upon the Bids with reasonable promptness after the opening of the Bids. The acceptance of a Bid will be a written Notice of Award signed by the duly authorized representative of the Town. No other act of the Town shall be necessary to constitute acceptance of a Bid. The acceptance of a Bid binds the successful Bidder to execute the required Construction Contract and take all action necessary to fulfill the Contract. Page 76 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Instructions to Bidders Page | 8 REQUIREMENTS FOLLOWING NOTICE OF AWARD The successful Bidder shall, within ten calendar days of receiving the Notice of Award, or by such time as modified by the Special Conditions, execute the Construction Contract and furnish the Performance Bond and the Material and Labor Payment Bond. Acceptance of the Contract shall be subject to approval by the Town. Unless previously requested or waived by the Project Manager, the successful Bidder shall submit the following information to the Town’s Project Manager within ten calendar days of receiving the Notice of Award: 1.A designation of the work to be performed by the Bidder with the Bidder's own forces. 2.The proprietary names and the suppliers of principal items or systems of material and equipment proposed for the work. 3.A proposed schedule of construction and estimated monthly payments. 4.The Bidder will be required to establish to the satisfaction of the Town, the reliability and responsibility of the proposed Subcontractors to furnish and perform the Work described in the Sections of the Specifications pertaining to such proposed Subcontractor's respective trade. 5.If the Contract includes federal or grant funding, the Bidder will be required to show proof of registration with SAM.gov. 6.Proof of possession of a current Town of Estes Park Business License (and any other licenses required by the Bid Documents) for the Contractor and all subcontractors). DAMAGES FOR FAILURE TO EXECUTE Any Bidder whose Bid is accepted will be required to execute the Contract and furnish the Performance Bond and Material and Labor Payment Bond within ten days after written notice that the Contract has been awarded to the Bidder, or by such time as modified by Special Conditions. Failure to do so shall constitute a breach of the Contract effected by the acceptance of the Bid. The damages to the Town for such breach will include loss from interference with the construction program and other items, the monetary values of which will be difficult or impossible to quantify. Where required, the amount of the Bid Guarantee accompanying the Bid shall be retained by the Town as reasonable liquidated damages and not as a penalty for such breach. The Town is authorized, the same as if the Bid Guarantee or Bid contained an expressed stipulation to that effect, to cause such work to be done, or complete the work in-house, or contract with some other Contractor to do so, and/or compute the difference between actual cost to the Town of such improvements and the sum which it would cost if the defaulting Bidder complied with the Bid. Page 77 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Instructions to Bidders Page | 9 RIGHT TO INSPECT The Town may, at reasonable times, inspect the part of the plant, place of business or worksite of the Bidder or the Bidder's subcontractors at any tier which is pertinent to the performance of the award of the Contract. BID PROCESS SUBJECT TO PURCHASING CODE Bidding shall be conducted subject to state statutes and the Town of Estes Park Municipal Code and ordinances. LAWS TO BE OBEYED Bidders shall familiarize themselves with the provisions of the laws of the State of Colorado and the Federal Government, and with all local laws and all regulations made which are pertinent to the proposed work and shall comply with the same. EQUAL OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, gender identity, sexual orientation, or national origin, or other reason prohibited by applicable federal, state or local law, ordinance or regulation. The Contractor shall abide by all federal laws in effect during the Contract period which govern Equal Opportunity Employment. LOCAL LABOR AND MATERIALS Preference shall be given to employment of Colorado labor pursuant to §8-17-101 and 102, C.R.S., as amended. Pursuant to statutory authority, preference shall be given to materials, supplies, and provisions produced, manufactured, or grown in Colorado, quality being equal to articles offered by competitor outside the state (§8-18-101 through 103, C.R.S., as amended). TIME OF COMPLETION TIME IS OF THE ESSENCE and the Bidder agrees to complete the project within the stated time, as defined in the Construction Contract. The Bidder also agrees to comply with all completion dates specified in the Bidding and Contract Documents. Page 78 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page | 1 BID BOND , (insert the full name and address or legal title of the Contractor) as Principal, and, __________________________________________ (insert the legal title of the Surety) as Surety, a corporation organized under the laws of the State of _________________, and authorized to transact business in the State of Colorado, with a general office at , are hereby bound to the Town of Estes Park, Colorado, (Town) as Obligee, in the amount of DOLLARS or PERCENT, in United States currency, for the payment of which amount the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally. The Principal has submitted the accompanying Bid dated ________________, 2022, for construction of the (insert the project name). The Town requires, as a condition for receiving the Bid, that the Principal deposit with the Town a Bid Guaranty, of at least five percent of the amount of the Bid, conditioned so that if the Principal fails to execute the Agreement for Construction Contract, and furnish the required Bonds if the Principal is awarded the Contract, that the sum be paid immediately to the Town, as liquidated damages and not as a penalty, for the Principal's failure to perform. If the Principal, within the specified period, executes the Construction Contract with the Town according to the Bid, as accepted, and furnishes a Performance Bond and a Labor and Material Payment Bond with good and sufficient Surety or Sureties, upon forms acceptable to the Town for the faithful performance and proper fulfillment of the Contract, or pays to the Town the proper amount of liquidated damages, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Executed this day of , 2022. WITNESS PRINCIPAL By: Its President WITNESS SURETY By: Its Attorney-in-fact Page 79 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page | 2 I, , certify that I am the (title) of the Corporation named as Surety; that ______________________________________, who signed the bond on behalf of the Principal, was then _______________________________________ (title) of the Corporation; that I know his or her signature, and the signature thereto is genuine; and that the bond was duly signed, sealed, and attested to for and on behalf of the Corporation by authority of this governing body. (CORPORATE SEAL) Signed: Title: Page 80 BIDDER'S QUALIFICATIONS AND DATA The signatory of this Statement guarantees the truth and accuracy of all statements and of answers to all questions herein. All questions must be answered clearly and comprehensively. If necessary, separate sheets may be attached. The Bidder may submit additional information. Failure to complete and return this Statement may render a bid non-responsive. Name of Bidding Firm: Main office address: Phone: Fax # The Bidder is organized as a (corporation/partnership/other): in the state of: Bidder's federal tax identification number (TIN): General character of work performed by your organization and brief history of operations: Does your firm have any officer, director, or agent who is also an officer or employee of the Town of Estes Park? Are there any Town of Estes Park agents or employees who own, directly or indirectly an interest in the bidder’s firm or any of its branches? Bonding Limit: $ Bonding Company: Phone # Address: The Town has a right to request financial statement(s) and other relevant information. Are you willing to submit such information at the Town’s request? Submitted by: Date: (Person submitting bid) Page 81 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page 2 Qualifications 1.How many years have you been in business under your present firm or trade name? a. Under other names? 2.Have you or your organization, or any office or partner thereof, failed to complete a contract? a.___Yes ___No 3.Within the last five years, has your organization been assessed liquidated damages for failing to complete a contract within the time specified? a.___Yes ___No 4.Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five years? a.___Yes ___No 5.Does your organization have any outstanding judgments, demands, or liens resulting from violating State Labor laws, Colorado Revised Statutes, Civil or Criminal decisions? a.___Yes ___No 6.Have there been any suits, liens, or surety claims against you or your organization over the past five years for non-payment of sums due subcontractors or suppliers for work completed? a.___Yes ___No 7.Has your organization been cited for violations of OSHA standards and requirements within the past five years? a.___Yes ___No 8.Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from participation in this transaction by any department or agency? a.___Yes ___No 9. Have you ever been debarred or suspended by a government from consideration for the award of contracts? a.___Yes ___No Please explain all questions answered “yes” in the section above on a separate sheet of paper. Include where and why, if applicable. Note that your answers do not necessarily disqualify your bid. For example, it is not uncommon for contractors of large projects to be charged liquidated damages in certain cases. Page 82 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page 3 Firm Background and Experience Total number of employees: Total number of licensed professionals: Proposed Superintendent: Title: Relevant degrees and/or certifications: Principals List directors, officers, owners, managerial employees, or partners, and identify the ownership interest of each: Experience List the experience of the principal members of your organization. If preferred, resumes may be submitted in lieu of form entry. Name:Title: Background/ Years’ Experience: Relevant degrees and/or certifications: Name:Title: Background/ Years’ Experience: Relevant degrees and/or certifications: Page 83 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page 4 Similar Projects List three projects of similar scope and budget to this project that your organization has performed work on: Project Name: Cost: Location: Reference Name: Phone: Project Name: Cost: Location: Reference Name: Phone: Project Name: Cost: Location: Reference Name: Phone: Contract(s) on Hand List projects your organization is undertaking that will be concurrent with the Town’s bid schedule. Include the anticipated completion date. Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: Project Name: Schedule: Cost: Location: Subcontractor or Prime: Completion Date: Page 84 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Page | 1 SUBCONTRACTORS AND RELATED DATA For each Subcontractor to be utilized, please provide the following information (use additional sheets as necessary). Please indicate what percentage of the Work to be assigned. Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Firm Name: Town Business License # Address: Proposed work and percentage of total work to be assigned: Percentage % Page 85 Town of Estes Park Fall River Trail Extension (TAP &MMOF) Page | 1 BID PROPOSAL PROJECT: Fall River Trail Extension (TAP & MMOF) 1.In compliance with the Invitation to Bid, and subject to all conditions thereof, the undersigned: [Select one] a corporation incorporated in the State of -OR- a partnership or limited partnership, registered in the State of , whose general partner(s) is/are: -OR- a sole proprietor, whose trade name is __________________________________________ based in the Town of , State of , offers this Bid Proposal for the construction of all items listed at the prices shown on the following bid schedule. (The attached bid schedule lists the various divisions of construction contemplated in the Plans and Specifications, together with an estimate of the units of each. With these units as the basis, extend each item, using the cost inserted in the unit column. Any total cost found inconsistent with the unit cost when the Bids are examined will be deemed in error and corrected to agree with the unit cost. Alternate Bids are optional). 2.The undersigned Bidder declares and stipulates that this Bid is made in good faith, without collusion or connection with any other person or persons bidding for the same Work, and that it is made subject to all the terms and conditions of the Invitation to Bid, Instructions for Bidders, Construction Contract, General Conditions, Special Conditions, the Technical Specifications, and the Plans pertaining to the Work to be done, all of which have examined by the undersigned. 3.Accompanying this Bid is a Bid Guarantee for 5% of the total Bid amount according to the Invitation to Bid and Instructions for Bidders. Page 86 Town of Estes Park Fall River Trail Extension (TAP &MMOF) Page | 2 4.The undersigned Bidder agrees to execute the Construction Contract, a Performance Bond and a Labor and Material Payment Bond within ten calendar days from the date when the written Notice of Award is delivered at the address given on this Bid Proposal. The Performance Bond and Labor and Material Payment Bond shall each be for the amount of the total of this Bid. The name and address of the corporate surety through which the Bidder proposes to furnish the specified Bonds is as follows: __________________________________________ 5.The submission of the Bid constitutes an agreement, and it shall not be withdrawn after the Bid Opening for a period of thirty days. 6.All the various phases of work enumerated in the Contract with individual jobs and overhead, whether specifically mentioned or not, are included by implication or appurtenance in the Contract. The Contractor shall perform all the various phases of work under one of the items listed in the bid schedule, irrespective of whether it is named in the schedule. 7.Payment for the Work performed will be according to the bid schedule, subject to changes as provided in the Contract. 8.The undersigned Bidder hereby acknowledges receipt of addenda numbers ___ through _____. ______ Initials The undersigned, being familiar with the existing conditions on the project area affecting the cost of the Work, the Bidding Documents and the Contract Documents, and having verified the quantities and the availability of materials and labor, hereby proposes to furnish all supervision, labor, materials, machinery, tools, appurtenances, equipment, supplies, and services, including utility and transportation service required to construct and complete the Project listed above, according to the Contract, within the time specified, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract of which this Bid is a part. (The approximate quantities of Work to be completed in-place under the Contract are identified in the bid schedule and are for the purpose of comparing Bids. These quantities have been estimated and the quantities used are for the general information of the Bidder, representing the major items of the Work to be done. Minor details are not listed but shall be part of the complete Contract). 9.The undersigned agrees to hold firm the Bid for thirty days for the purpose of the Town reviewing the Bids and investigating the qualifications of the Bidders prior to award of Contract. Extensions of time may be made if mutually agreed upon. Page 87 Town of Estes Park Fall River Trail Extension (TAP &MMOF) Page | 3 10. The undersigned hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Town of Estes Park in verification of the recitals in this statement. This proposal is submitted by: ____________ Bidder Company Name By: Date Title: STATE OF ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this __________ day of ____________________, 2022, by ______________________________, as _____________________________ of ______________________________. (If by natural person or persons, insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, insert name of person as an executor, attorney-in-fact, or other capacity or description; if by officer of corporation, insert name of such officer or officers as the President or other officers of such corporation, naming it.) Witness my hand and official seal. My Commission . Notary Public . Page 88 TOWN OF ESTES PARK NAME OF PROJECTFall River Trail Extension (TAP and MMOF) BID SCHEDULE CONTRACTOR NAME: ITEM NO.ITEM UNIT UNIT COST BID SCHEDULE 1 SEGMENT A QUANT.COST BID SCHEDULE 2 SEGMENT A+B QUANT.COST 201-00000 CLEARING AND GRUBBING LS 1 1 202-00010 REMOVAL OF TREE (6 INCH - 16 INCH)EA 34 35 202-00010 REMOVAL OF TREE (GREATER THAN 16 INCH)EA 7 7 202-00035 REMOVAL OF PIPE LF 44 44 202-00220 REMOVAL OF ASPHALT MAT SY 983 1,020 202-00810 REMOVAL OF GROUND SIGN EA 2 3 202-00811 REMOVAL OF MAILBOX STRUCTURE EA 2 2 202-04002 CLEAN CULVERT EA 3 4 203-00000 UNCLASSIFIED EXCAVATION CY 1,245 1,419 203-00400 ROCK EXCAVATION CY 200 200 203-01500 BLADING HR 7 8 203-01550 DOZING HR 10 12 203-01594 COMBINATION LOADER HR 18 20 203-01597 POTHOLING HR 24 32 207-00210 STOCKPILE TOPSOIL CY 258 316 207-00700 TOPSOIL (ONSITE)CY 258 316 207-00702 TOPSOIL (OFFSITE)CY 208 266 207-00705 TOPSOIL (OFFSITE) (TOWN SUPPLIED)CY 50 50 208-00002 EROSION LOG TYPE 1 (12-INCH) LF 2,817 3,441 208-00021 SILT FENCE (REINFORCED)LF 215 215 208-00041 ROCK CHECK DAM EA 4 4 208-00046 PRE-FABRICATED CONCRETE WASHOUT STRUCTURE (TYPE 1)EA 1 1 208-00051 STORM DRAIN INLET PROTECTION (TYPE 1)LF 32 32 208-00075 PRE-FABRICATED VEHICLE TRACKING PAD EA 1 1 208-00103 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR)HR 7 8 208-00105 REMOVAL AND DISPOSAL OF SEDIMENT (EQUIPMENT)HR 7 8 208-00106 SWEEPING (SEDIMENT REMOVAL)HR 20 24 208-00107 REMOVAL OF TRASH HR 1 2 208-00207 EROSION CONTROL MANAGEMENT (ECM)DAY 25 30 210-00010 RESET MAILBOX STRUCTURE EA 2 2 210-00810 RESET GROUND SIGN EA 4 5 210-04010 ADJUST MANHOLE EA 3 3 210-04050 ADJUST VALVE BOX EA 0 1 212-00100 TREE RETENTION & PROTECTION LS 1 1 212-00700 ORGANIC FERTILIZER LB 192 235 212-00701 COMPOST (MECHANICALLY APPLIED)CY 41 51 212-00703 HUMATE LB 113 139 Page 89 212-00704 MYCORRHIZAE LB 6 7 212-00706 SEEDING (NATIVE) DRILL AC 1 1 212-00708 SEEDING (NATIVE) BROADCAST AC 0 0 213-00150 BONDED FIBER MATRIX AC 0 0 216-00211 SOIL RETENTION BLANKET (EXCELSIOR) (BIODEGRADABLE CLASS 1)SY 1,608 2,228 217-00020 HERBICIDE TREATMENT HR 22 24 240-00000 WILDLIFE BIOLOGIST HR 6 8 240-00010 REMOVAL OF NESTS HR 22 24 240-00020 NETTING SY 20 25 304-06007 AGGREGATE BASE COURSE (CLASS 6) CY 535 629 403-00720 HOT MIX ASPHALT (PATCHING) (ASPHALT)TON 197 208 412-01100 CONCRETE PAVEMENT (11-INCH)SY 99 99 504-03412 RETAINING WALL (ROCK)SF 3,664 3,664 506-00206 RIPRAP (6-INCH)CY 1 3 506-00209 RIPRAP (9-INCH)CY 3 3 506-00212 RIPRAP (12-INCH)CY 5 5 514-00200 PEDESTRIAN RAILING (STEEL)LF 488 488 601-01000 CONCRETE (CLASS B)CY 0 2 601-03052 CONCRETE (CLASS D) (WALL) (COLORED) CY 384 384 602-00020 REINFORCING STEEL (EPOXY COATED) (WALL)LB 43,325 43,325 603-10180 18-INCH CURRUGATED STEEL PIPE LF 47 47 603-10240 24-INCH CORRUGATED STEEL PIPE LF 3 8 606-01370 TRANSITION TYPE 3G EA 2 2 606-02003 END ANCHORAGE (NONFLARED)EA 2 2 606-10805 BRIDGE RAIL TYPE 8 (SPECIAL)LF 480 480 607-11456 FENCE (WOOD) (POST & DOWEL)LF 745 769 607-11525 FENCE (PLASTIC)LF 656 656 608-00015 DETECTABLE WARNINGS SF 108 108 608-00351 CONCRETE SIDEWALK (8-INCH) (COLORED)SY 26 26 608-00026 CONCRETE BIKEWAY (6-INCH) (COLORED)SY 1,798 2,332 608-00029 CONCRETE BIKEWAY (8-INCH) (COLORED)SY 186 186 608-10000 SIDEWALK DRAIN LF 16 16 608-90001 CONCRETE BIKEWAY THICKENED EDGE LF 16 16 609-21020 CURB TYPE 2 (SECTION IIB)LF 15 15 612-00001 DELINEATOR (TYPE I)EA 1 2 614-01402 STEEL SIGN SURFACE MOUNT BASE PLATE (SLIPBASE)EA 4 5 620-00020 SANITARY FACILITY EA 1 1 625-00000 CONSTRUCTION SURVEYING LS 1 1 626-00000 MOBILIZATION LS 1 1 627-00001 PAVEMENT MARKING PAINT (TEMPORARY) GAL 4 4 627-00005 EPOXY PAVEMENT MARKING GAL 3 3 630-00000 FLAGGING HR 2,000 2,200 630-00007 TRAFFIC CONTROL INSPECTION DAY 100 108 630-00012 TRAFFIC CONTROL MANAGEMENT DAY 130 150 630-80335 BARRICADE (TYPE 3 M-A) (TEMPORARY)EA 2 2 Page 90 630-80341 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE A)EA 30 30 630-80342 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE B)EA 2 2 630-80344 CONSTRUCTION TRAFFIC SIGN (SPECIAL)SF 2 2 630-80360 DRUM CHANNELIZING DEVICE EA 80 100 630-86810 TRAFFIC SIGNAL (TEMPORARY)EA 1 1 700-70010 F/A MINOR CONTRACT REVISIONS FA 1 1 700-70380 F/A EROSION CONTROL FA 1 1 700 F/A MISC, CDOT FORCE ACCOUNT ITEMS (OJT, PARTERNERING, ETC.)FA 1 1 TOTAL BID $0.00 *Note this Bid Schedule shall take precedence over the Summary of Approximate Quantities listed in the Construction Plans Total Bid Written in Words Name of Bidding Company Addendum and Date Received Street Address City State Zip Code Authorized Signer and Title (Print)Authorized Signer (Signature)Date Please List All Anticipated Subcontractors and Their Tasks Subcontractor Anticipated Tasks SUBTOTAL OF CONSTRUCTION ITEMS Page 91 Agreement for Construction Contract--Page 1 of 5 Fall River Trail Extension (TAP & MMOF) [To complete this form, press f11 to move from field to field and follow any prompts. If no prompt appears (like date or section number fields), press f11 to skip to next field. Now press delete to delete this prompt, and press f11 to proceed.] [Town Staff will fill in this form in accordance with the instructions included within.] CONSTRUCTION CONTRACT [TYPE PROJECT NAME, THEN PRESS F11 TO PROCEED] THIS CONTRACT is made at the Town of Estes Park, Colorado, by and between the Town of Estes Park, Colorado (Town), a municipal corporation, and [Type name of contractor as registered with the Colorado Secretary of State, then press f11 to proceed] (Contractor), a [Type 'Type of Corporation' (such as a Colorado limited liability company), then press f11 to proceed], whose address is [Type address, then press f11 to proceed]. In consideration of these mutual covenants and conditions, the Town and Contractor agree as follows: SCOPE OF WORK. The Contractor shall execute the entire Work described in the Contract Documents. CONTRACT DOCUMENTS. The Contract incorporates the following Contract Documents. In resolving inconsistencies among two or more of the Contract Documents, precedence will be given in the same order as enumerated. LIST OF CONTRACT DOCUMENTS. The Contract Documents, except for Modifications and Change Orders issued after execution of this Agreement, are: 1.Change Orders; 2.Construction Contract; 3.The following addenda, if any: i.Number Date Page(s) 4.The following Special Conditions of the Contract: i.Document Title Page(s) 5.General Conditions; 6.The following Technical Specifications: i.Document Title Page(s) 7.The following Drawings: i.Number Title Date Page 92 Agreement for Construction Contract--Page 2 of 5 Fall River Trail Extension (TAP & MMOF) 8.Notice to Proceed; 9.Notice of Award; 10.Invitation to Bid 11.Bid Bond; 12.Bid Proposal; 13.Instructions to Bidders; 14.Performance Bond and Payment Bond; 15.Insurance Certificates; 16.Construction Progress Schedule; and 17.Any other documents listed as Contract Documents in the General Conditions. CONTRACT PRICE. The Town shall pay the Contractor for performing the Work and the completion of the Project according to the Contract, subject to change orders as approved in writing by the Town, under the guidelines in the General Conditions. The Town will pay the base sum of [Type amount of contract price, then press f11 to proceed] DOLLARS (Contract Price), to the Contractor, subject to full and satisfactory performance of the terms and conditions of the Contract. The Town has appropriated sufficient money for this work. COMPLETION OF WORK. The Contractor must begin work covered by the Contract within [Type number of work days to begin work, then press f11 to proceed] work days, and must complete work: [Select one] ___ within [Type number of calendar days to complete work, then press f11 to proceed]calendar days from and including the date of Notice to Proceed, according to the General Conditions. ___ by [Type date, then press f11 to proceed]. ___ as described in the Special Conditions. LIQUIDATED DAMAGES. If the Contractor fails to substantially complete the Work within the time period described above, or within such other construction time if modified by a change order, the Town may permit the Contractor to proceed, and in such case, may deduct the sum of $[Type dollar amount, then press f11 to proceed] for each calendar day that the Work shall remain uncompleted from monies due or that may become due the Contractor. This sum is not a penalty but is the cost of field and office engineering, inspecting, interest on financing and liquidated damages. The parties agree that, under all of the circumstances, the daily basis and the amount set for liquidated damages is a reasonable and equitable estimate of all the Town's actual damages for delay. The Town expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of Estes Park incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms are impossible to measure. Page 93 Agreement for Construction Contract--Page 3 of 5 Fall River Trail Extension (TAP & MMOF) SERVICE OF NOTICES. Notices to the Town are given if sent by registered or certified mail, postage prepaid, to the following address: TOWN OF ESTES PARK [Type Department or Division, then press f11 to proceed] [Type street address, then press f11 to proceed] Street Estes Park, CO 80517 INSURANCE PROVISIONS. The Contractor must not begin any work until the Contractor obtains, at the Contractor's own expense, all required insurance as specified in the General Conditions. Such insurance must have the approval of the Town of Estes Park as to limits, form and amount. RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify, save harmless, and defend the Town, its officers and employees, from and in all suits, actions or claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the Town under the Contract; the Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so much of the money due the Contractor under the Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that the Contractor and the Town are adequately protected by public liability and property damage insurance. The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility for Damage Claim" agreement and if the Contractor's insurer fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insureds, the Contractor agrees to pay for the cost of that defense. Nothing in the INSURANCE PROVISIONS of the General Conditions shall limit the Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under the Contract. STATUS OF CONTRACTOR. The Contractor is performing all work under the Contract as an independent contractor and not as an agent or employee of the Town. No employee or official of the Town will supervise the Contractor nor will the Contractor exercise supervision over any employee or official of the Town. The Contractor shall not represent that it is an employee or agent of the Town in any capacity. The Contractor and its employees are not entitled to Workers' Compensation benefits from the Town and are obligated to pay federal and state income tax on money earned pursuant to the Contract. This is not an exclusive contract. Page 94 Agreement for Construction Contract--Page 4 of 5 Fall River Trail Extension (TAP & MMOF) THIRD-PARTY BENEFICIARIES. None of the terms or conditions in the Contract shall give or allow any claim, benefit, or right of action by any third person not a party to the Contract. Any person except the Town or the Contractor receiving services or benefits under the Contract shall be only an incidental beneficiary. INTEGRATION. The Contract is an integration of the entire understanding of the parties with respect to the matters set forth in it, and supersedes prior negotiations, written or oral representations and agreements. DEFINITIONS. The Definitions in the General Conditions apply to the entire Contract unless modified within a Contract Document. EXECUTED this _____ day of _____________, [Type year, then press f11 to proceed]. (Signature pages to follow.) Page 95 Agreement for Construction Contract--Page 5 of 5 Fall River Trail Extension (TAP & MMOF) TOWN OF ESTES PARK By: Date Title: _______________________________ State of ) ) ss County of ) The foregoing instrument was acknowledged before me by , as of the Town of Estes Park, a Colorado municipal corporation, on behalf of the corporation, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public APPROVED AS TO FORM: Town Attorney Page 96 Agreement for Construction Contract--Page 6 of 5 Fall River Trail Extension (TAP & MMOF) CONTRACTOR By: Date Title: _______________________________ (Select the appropriate jurat statement from the choices below) [IF CONDUCTING BUSINESS WITH A CORPORATION, USE THIS JURAT FORM BY PRESSING DELETE TO DELETE THIS PROMPT AND THEN F11 TO CONTINUE. State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) as of (Title of party signing) (Name of corporation) a corporation, on behalf of the corporation, this (State of incorporation) day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public Page 97 Agreement for Construction Contract--Page 7 of 5 Fall River Trail Extension (TAP & MMOF) [IF CONDUCTING BUSINESS WITH A LIMITED LIABILITY COMPANY (LLC), USE THIS JUTAT FORM BY PRESSING DELETE TO DELETE THIS PROMPT AND THEN F11 TO CONTINUE. State of ) ) ss: County of ) The foregoing instrument was acknowledged before me by , (Name of party signing) a member/partner/manager/limited partner/agent (select one) on behalf of (Name of limited liability company) a limited liability company, this day of , 2022. Witness my hand and official Seal. My Commission expires . Notary Public Page 98 CONSTRUCTION CONTRACT GENERAL CONDITIONS SCOPE: Since the General Conditions are general, some conditions may not apply to a particular Project. Article 1--DEFINITIONS AND ABBREVIATIONS 1.1 Definitions: Whenever used in the Bidding Documents and Contract Documents, the following terms shall have the following meanings, applicable to both the singular and plural: 1.1.1 Addenda: Written changes to the Bidding Documents issued at least two days before the Opening of Bids which modify or interpret the Contract or changes the date set for the Opening of Bids. 1.1.2 Alternate Bid: An Alternate Bid is an amount stated in the Bid added to or deducted from the base amount of the Bid when the Town accepts a corresponding change in project scope, materials or method of construction described in the Contract. 1.1.3 Bid: The proposal the Bidder submits on the prescribed Bid Forms stating the prices for the Work to be performed. 1.1.4 Bid Forms: The Bid Proposal, Bid Bond, Bid Schedule, Bidder's Qualifications and Data, and Subcontractors and Related Data. 1.1.5 Bidder: The person, partnership, or corporation submitting a Proposal for the performance of the Work covered by the Contract. 1.1.6 Bidding Documents: The Invitation to Bid, Instructions for Bidders, Bid Forms, Specifications, Drawings, Construction Contract Template, Special and General Conditions and Addenda (if any). 1.1.7 Bonds: Bid Bonds, Performance Bonds, and Labor and Material Payment Bonds or other instruments of security, furnished by the Contractor and its Surety according to the Contract. 1.1.8 Calendar Days: Includes all days in a month including weekends and holidays. 1.1.9 Change Order: A written modification of the Contract, issued after award to the Contractor, authorizing an addition, deletion or revision in the Work within the general scope of the Contract or authorizing an adjustment in the Contract Price or Contract Time, mutually agreed upon between the Town and the Contractor. Page 99 Construction Contract General Conditions -- Page 2 of 40 Fall River Trail Extension (TAP & MMOF) 1.1.10 Town: The Town of Estes Park, in the State of Colorado, acting by and through its Mayor, Town Board of Trustees, Town Administrator, or other authorized representative. 1.1.11 Completion Date: The date the Contract specifies the Work is to be completed. 1.1.12 Contract: The Construction Contract consisting of the Agreement for a Construction Contract and the incorporated Contract Documents. 1.1.13 Contract Coordinator: The authorized representative of the Town designated to act for the Town in processing the Award of Contracts, maintaining centralized official Contract documentation, providing administrative liaison/coordination, legal liaison/coordination via Town Attorney, and processing of Contract Payment authorizations as approved by the Project Manager. The Project Manager may also be the designated Contract Coordinator. 1.1.14 Contract Documents: All the documents expressly incorporated into the Construction Contract, including but not limited to Exhibits to this Agreement, General Conditions, Special Conditions, Drawings, Supplemental Drawings and Schedules, Technical Specifications, Bidding Documents, Change Orders, Notice of Award, Notice of Final Acceptance, Notice of Construction Acceptance, Notice to Proceed, and Notice of Substantial Completion. 1.1.15 Contract Price: The total monies payable to the Contractor under the terms and conditions of the Contract. 1.1.16 Contract Time: The amount of time between beginning of Work as set out by the Notice to Proceed and the time set in the Contract for the Completion of Work 1.1.17 Contractor: The person, company, firm or corporation contracting with the Town to construct, erect, alter, install or repair any work or construction project. 1.1.18 Drawings: The part of the Contract prepared or approved by the Project Manager showing the characteristics and scope of the Work to be performed. 1.1.19 Date of Contract: The execution date in the Agreement for a Construction Contract. 1.1.20 Day: A calendar day of twenty-four hours each. 1.1.21 Field Order: A written order directing a change in the Project issued by the Project Manager to the Contractor during construction. 1.1.22 Inspector: The Town's authorized representative assigned to make detailed inspection of the Work performed by the Contractor. 1.1.23 Notice of Award: The written notice of the acceptance of the Bid from the Town to the successful Bidder. Page 100 Construction Contract General Conditions -- Page 3 of 40 Fall River Trail Extension (TAP & MMOF) 1.1.24 Notice of Construction Acceptance: The written acknowledgment that construction is complete which starts the warranty period. 1.1.25 Notice of Final Acceptance: The written acceptance of Work performed under the Contract, following satisfactory conclusion of the warranty period. 1.1.26 Notice of Final Settlement: The notice published by the Town in a newspaper, in accordance with §38-26-107, C.R.S., prior to the Town’s final settlement with the Contractor for the Work. 1.1.27 Notice to Proceed: The written notice by the Town to the Contractor authorizing it to proceed with the Work which establishes the Contract commencement and Contract Coordinator. 1.1.28 Notice of Substantial Completion: The written notice of the date, as certified by the Project Manager, when the Project or a specified part is sufficiently completed, according to the Contract, so the Project or specified part can be used for the intended purposes. 1.1.29 Owner: The Town; see 1.1.9. 1.1.30 Project: The undertaking to be performed as provided in the Contract. 1.1.31 Project Manager: The authorized representative of the Town, known as the Project Manager, assigned to the Project to ensure that all Work is performed according to the terms and conditions of the Contract. The Project Manager may serve as Contract Coordinator, and such titles may be used synonymously. Also see Article 10, "Project Manager's Responsibilities." 1.1.32 Shop Drawings: All Drawings, diagrams, illustrations, brochures, schedules, and other data prepared by the Contractor, a Subcontractor, manufacturer, Supplier or distributor which illustrate how specific portions of the Work will be fabricated or installed. 1.1.33 Special Conditions: Additions to the General Conditions containing instructions and conditions specific to an individual Project. 1.1.34 Specifications: A part of the Contract Documents consisting of written technical description of materials, equipment, construction systems, standards, and workmanship. 1.1.35 Subcontractor: Any person, company, firm or corporation, having a contract with the Contractor to furnish and perform on-site labor, with or without furnishing materials for the project. 1.1.36 Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. 1.1.37 Surety: The entity which is bound with and for the Contractor for the Performance of the Work and for the Labor and Material Payment Bond. Page 101 Construction Contract General Conditions -- Page 4 of 40 Fall River Trail Extension (TAP & MMOF) 1.1.38 Unit Price: An amount stated in the Bid as a price per unit of measurement for materials or services as described in the Contract. 1.1.39 Work: The construction and services required by the Contract, whether completed or partially completed, including all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may be the whole or a part of the Project. 1.1.40 Work Days: Includes all days in the month the Contractor is permitted to work; excludes weekends and holidays, unless otherwise specified in one of the Contract Documents. 1.2 Abbreviations: When the following abbreviations appear in the documents, they are defined as follows: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADA Americans with Disabilities Act AISC American Institute of Steel Construction ANSI American National Standards Institute ASA American Standards Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWWA American Water Works Association CDOT Colorado Department of Transportation EPA Environmental Protection Agency MUTCD Manual on Uniform Traffic Control Devices OSHA Occupational Safety & Health Administration WW-P Federal Specifications Prefix Page 102 Construction Contract General Conditions -- Page 5 of 40 Fall River Trail Extension (TAP & MMOF) Article 2--PRELIMINARY MATTERS 2.1 Notice to Proceed 2.1.1 Following the execution of the Contract by the Parties, the Project Manager will give the Contractor written Notice to Proceed with the Work. The Contractor shall begin and continue the Work regularly and without interruption (unless otherwise directed in writing by the Project Manager) with the diligence and efficacy necessary to complete the Work within the time stated in the Contract. 2.2 Contractor's Understanding 2.2.1 The Contractor agrees that, by careful examination, it is satisfied as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed before beginning and for the Project, the general and local conditions, and all other matters, which can in any way affect the Work under the Contract. No oral agreement with any officer, agent or employee of the Town either before or after the execution of the Contract shall affect or supersede any of the terms or obligations contained in the Contract. No portion of the Work shall be constructed under conditions that would affect adversely the quality or efficiency thereof unless special means or precautions are taken by the Contractor to perform the work in a proper and satisfactory manner. Any method of work suggested by the Town, but not specified, shall be used at the risk and responsibility of the Contractor, and the Town shall have no responsibility therefor. The Contractor alone shall be responsible for the safety, adequacy, and efficiency of the plan, equipment, and methods. 2.3 Contractor's Warranty 2.3.1 The Contractor warrants that it has the knowledge, ability, experience, and expertise to perform the Work competently. The Contractor warrants the capacity of the Contractor's construction plant, personnel, and its ability to complete the Project within the allotted time. 2.4 Contractor's License and Permits 2.4.1 The Contractor will obtain all licenses and permits required to do the Work. Whenever necessary, the Contractor will have a Building Contractor's License with the Town by the time of Notice of Award. It will have all permits required by the Town, as well as those required by County, State and Federal agencies. Subcontractors shall also have a Town of Estes Park Building Contractor's License and the proper permits. 2.5 Schedules, Reports, and Records 2.5.1 No later than the pre-construction meeting, the Contractor shall submit to the Project Manager a Construction Progress Schedule, on a form approved by the Project Manager, showing all Work the Contractor and all Subcontractors will perform. The Project Manager may require Page 103 Construction Contract General Conditions -- Page 6 of 40 Fall River Trail Extension (TAP & MMOF) the Contractor to substitute a Critical Path Method schedule (CPM), or bar graph type schedule. The Special Conditions will state when a CPM network schedule is required. 2.5.2 The schedule shall be in enough detail for the Project Manager to readily determine the Work to be performed each day. When requested by the Project Manager, the Contractor shall update the schedule. 2.5.3 Before beginning construction, the Contractor shall give the Project Manager the dates it expects to submit Shop Drawings, manufacturers' details, catalog cuts or other required special detail Drawings and also the dates of beginning manufacture, testing, delivery and installation of special equipment and materials. If at any time the Work is behind schedule, the Contractor shall immediately put into effect definite procedures for getting the Work back on schedule. The procedures shall be subject to review and modification by the Town. The Contractor shall not be allowed extra compensation for costs incurred because of accelerated operations required to maintain the schedule. 2.6 Contractor's Address 2.6.1 The address in the Bid Proposal is designated as the place to which all communications to the Contractor will be delivered or mailed. The delivery at the listed address, in person or by certified mail, of any notice, letter or other communication to the Contractor, is adequate service upon the Contractor, and the date of the service is the date of delivery. 2.7 Notification of Utility Owners 2.7.1 The Contractor shall cooperate with Utility Owners to mitigate damage whenever the Contractor's work affects their utilities. 2.7.2 The Contractor shall not excavate without first notifying the owners, operators or association of owners and operators having underground facilities in the area of such excavation. Notice may be given in person, by telephone or in writing. Notice to an association is notice to each member of the association. If the Contractor is digging deep or even just a few inches, the Contractor must contact Colorado 811 to have underground utilities marked, by calling 811. iDig811 is designed for residential and professional excavators to easily and quickly submit a utility request online. 2.7.3 Contractor shall give notice of the commencement, extent, and duration of the excavation work at least two business days before beginning Work. 2.7.4 If the Project affects fences, landscaping, mailboxes, driveways and other privately-owned improvements, the Contractor shall notify the affected property owners or occupants in writing at least two business days before beginning Work. The Contractor shall submit to the Project Manager written approval from the property owner if use of the property for storage or staging is requested. The Contractor shall cooperate with the owners or occupants to reduce inconvenience where reasonably possible. Page 104 Construction Contract General Conditions -- Page 7 of 40 Fall River Trail Extension (TAP & MMOF) 2.8 Department of Revenue Forms 2.8.1 Materials and equipment purchased solely for Town projects, that will become a permanent part of the final project, are tax exempt. The Contractor and all subcontractors shall use the Town’s Tax Exemption Numbers when purchasing materials or supplies in connection with the Project. 2.8.2 The Town's Tax Exemption Numbers are as follows: a. Federal Tax Exemption Number: 84-6000661 b. State of Colorado Tax Exemption Number: 98-00492 Article 3--DRAWINGS AND SPECIFICATIONS 3.1 Intent of Drawings and Specifications 3.1.1 In the Drawings and Specifications, the Town intends that the Contractor furnish all superintendence, labor, materials, tools, equipment, supplies, machinery and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work shown on the Drawings and described in the Specifications and all incidental Work reasonably necessary to complete the Project in a substantial and acceptable manner, and to complete fully the Work, ready for use, by the Town. 3.1.2 The Contractor shall complete all Work according to the Specifications and Plans, and in compliance with applicable laws of Colorado and ordinances of the Town. 3.1.3 In interpreting the Contract, words describing materials or work having a well-known technical or trade meaning, unless otherwise specifically defined, will be construed according to well-known meanings as recognized by engineers, architects, and the trades. 3.1.4 When the Contract refers to a provision of the General Conditions or another Contract Document, the Contract means the provision as amended or supplemented by other provisions of the Contract. 3.1.5 When the Specifications state the words "as directed," or "as required," or "as permitted," or words of like meaning, it is understood that the direction, requirement or permission of the Project Manager is intended. Similarly, the words approved, acceptable or satisfactory shall refer to approval by the Project Manager. 3.1.6 The Contract Documents are intended to be complementary, and Work called for on any Drawing and not mentioned in the Specifications, or Work described in the Specifications and not shown on any Drawing, is included under the Contract as if set forth in both the Specifications and Drawings. Page 105 Construction Contract General Conditions -- Page 8 of 40 Fall River Trail Extension (TAP & MMOF) 3.2 Copies of Drawings and Specifications Furnished 3.2.1 The Project Manager will furnish to the Contractor, free of charge, up to four copies of Drawings and Specifications of the Work. 3.3 Discrepancies in Drawings 3.3.1 Contractor shall immediately report any discrepancies found between the Drawings and Specifications and site conditions or any errors or omissions in the Drawings or Specifications to the Project Manager, who shall promptly correct such error or omission in writing. Any affected Work done by the Contractor after discovery of such discrepancies, errors or omissions and affected by those is done at the Contractor's risk. In all cases, the Project Manager shall decide the intent of the Drawings and Specifications. The decision is final. 3.4 Dimensions 3.4.1 Figured dimensions shall govern over scaled dimensions. 3.5 Drawings and Specifications at Job Site 3.5.1 The Contractor shall keep one complete set of all Drawings and Specifications at the job site, available to the Project Manager or the Manager's representative at all times. 3.6 Shop Drawings 3.6.1 The Contractor shall provide Shop Drawings, settings, schedules, and such other Drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Project Manager's instructions. 3.6.2 The Contractor shall submit for approval electronic copies of all Shop Drawings and descriptive data as applicable showing all features not fully detailed on the Contract Plans but essential for a completely coordinated installation. 3.6.3 The Town's approval of Shop Drawings indicates only that the type and kind of equipment, general method of construction or detailing are satisfactory, but the Contractor may not construe the approval as a complete check. The Contractor has the responsibility for incorporating into the Work satisfactory materials and equipment meeting the requirements of the Contract Plans and Specifications, the proper dimensions, and the detailing of connections. 3.6.4 The review of Shop Drawings is only to check for compliance with the design concept of the Project and general compliance with the Contract Documents. Approval does not indicate the waiver of any contract requirement. Changes in the Work are authorized only by separate written Change Order. Page 106 Construction Contract General Conditions -- Page 9 of 40 Fall River Trail Extension (TAP & MMOF) 3.7 Record Documents 3.7.1 The Contractor shall keep one record copy of all Addenda, Change Orders, Drawings, Field Orders, Modifications, and Shop Drawings and Specifications in good order. The Contractor shall record any changes made during construction on the record copies. The Contractor shall make a set of "Record Drawings" by marking this set of prints with all changes from the original Drawings as bid, including all Change Orders, alignment changes, depth changes of underground pipes and utilities, and all other items that are not the same as originally drawn. The Contractor shall keep the Record Drawings up to date as the Project progresses. The Project Manager may require, as a condition of the approval of the monthly progress payment, periodic inspection of the Record Drawings. The Contractor will deliver the Record Drawings to the Project Manager upon completion of the Project before Final Payment. 3.8 Differing Site Conditions 3.8.1 The Contractor shall promptly, before such conditions are further disturbed, notify the Project Manager in writing of: 3.8.1.1 Subsurface or latent physical conditions at the job site differing materially from those indicated in the Contract; or 3.8.1.2 Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract. 3.8.2 Upon receipt of written notification from the Contractor of alleged differing site conditions, the Project Manager shall promptly investigate the conditions and if it finds the conditions materially differ, and so cause an increase or decrease in the Contractor's cost of or the time required for performance of any part of the Work under the Contract, an equitable adjustment will be made and the Contract modified in writing as provided for in Article 11 of these General Conditions. 3.8.3 No claim will be allowed under this Article unless the Contractor has given the written notice required in Article 3.8.1. 3.8.4 No claim will be allowed under this Article if Final Payment has been made. 3.9 Surveys 3.9.1 The Project Manager has the option to develop and arrange for detail surveys through a separate contract if deemed desirable or necessary and if specifically noted as such in the Special Conditions, otherwise the Contractor shall provide all survey required to construct the Project according to the Project documents. The Contractor assumes full responsibility for construction according to the proposed lines and grades. Page 107 Construction Contract General Conditions -- Page 10 of 40 Fall River Trail Extension (TAP & MMOF) 3.9.2 The Contractor shall carefully protect all monuments and property markers from disturbance or damage. Article 4—USE OF LAND AND RIGHT-OF-WAY 4.1 Acquisition of Right-of-Way 4.1.1 Before issuance of Notice to Proceed, the Town shall obtain all land and right-of-way necessary for carrying out and completion of the Work to be performed pursuant to the Contract, unless otherwise mutually agreed. 4.1.2 The Town shall provide to the Contractor information which delineates and describes the lands owned and rights-of-way acquired, when necessary. The Contractor shall confine its operations within the areas designated by the Project Manager. 4.2 Access to Right-of-Way 4.2.1 The Town will provide right of access to all places necessary for the performance of the Work. Nothing contained in the Contract shall give the Contractor exclusive occupancy of the area provided by the Town. The Town, other Contractors of the Town and utility companies may enter upon or occupy portions of the land furnished by the Town for any purpose, but without unreasonably interfering with the completion of the Project. Joint occupancy or use of the territory shall not be the basis of any claim for delay or damages. 4.2.2 The responsibility for protection and safekeeping of equipment and materials on or near the site is entirely that of the Contractor, and no claim shall be made against the Town by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access to the sites occupied by these stored materials and equipment, the Contractor shall immediately move the same. No materials or equipment may be placed upon the Town’s property until the Town has agreed to the location contemplated by the Contractor to be used for storage. 4.3 State Highway Right-of-Way 4.3.1 If any part of the Project is within the right-of-way of a roadway under the jurisdiction of the Colorado Division of Transportation (CDOT) the Town shall obtain the necessary permits from CDOT to perform such Work. The Contractor shall conform to all the requirements and restrictions indicated on the permit. The Contractor shall restore the area to its original condition, including reseeding if necessary, at the completion of the Project. 4.4 Temporary Storage Facilities 4.4.1 The Contractor may secure at its own expense and without liability to the Town, use of any additional land that the Contractor may desire for temporary construction activities, and facilities, or storage of materials. Page 108 Construction Contract General Conditions -- Page 11 of 40 Fall River Trail Extension (TAP & MMOF) Article 5--BONDS AND INSURANCE 5.1 Performance Bond and Labor and Material Payment Bond 5.1.1 The Contractor shall, within ten days after receipt of the Notice of Award, and before the commencement of any operations hereunder execute the Contract and furnish the Town with separate Performance, and Labor and Material Payment Bonds each in a penal sum equal to the amount of the Contract Price, conditioned upon the Contractor's performance of all undertakings, covenants, terms, conditions, and agreements of the Contract, and upon the Contractor's prompt payment to all persons supplying labor and materials in the prosecution of the Work provided by the Contract. The Contractor and a corporate Bonding company, licensed to transact such business in the State of Colorado and acceptable to the Town, shall execute the Bonds. The Contractor bears the expense of these Bonds. If at any time the Surety on such Bonds becomes irresponsible or loses its right to do business in the State of Colorado, the Town may require another Surety, which the Contractor shall furnish within ten days after receipt of written notice to do so. Evidence of authority of an attorney-in-fact acting for the corporate Surety shall be provided in the form of a certificate as to its power of attorney and to the effect that it is not terminated and remains in full force and effect on the date of the Bonds. The form of the Bonds is subject to the Town's approval. 5.2 Insurance 5.2.1 The insurance requirements contained in the Contract shall not limit or redefine the obligations of the Contractor as provided elsewhere in the Contract. 5.2.2 Only insurance companies with authority to issue policies in Colorado may provide insurance coverage under the Contract. 5.3 Insurance Requirements 5.3.1 The Contractor shall purchase and maintain, for the full period of the Contract, including any warranty period, at the Contractor's or Subcontractor's sole expense, insurance policies providing coverage as follows: 5.3.1.1 Comprehensive Auto Liability: Comprehensive form, including owned, hired and non-owned automobiles. The limits of coverage shall be at least $1,000,000.00 per occurrence. The policy shall contain a severability of interests provision. The policy shall include coverage for uninsured/underinsured motorists. 5.3.1.2 Comprehensive General Liability: Commercial general liability insurance covering personal injury, bodily injury and property damage; Explosion & Collapse; Underground Hazard; Products/Completed Operations; Contractual Liability; Broad Form Property Damage; and Town's & Contractor's Protective. The limits shall be at least $1,000,000/$1,000,000 if the Contract Price is $50,000 or less and $1,000,000/$2,000,000 if the Contract Price is over $50,000. All policies shall be of the occurrence form. Any deviation from the occurrence form shall be approved by the Town of Estes Park Risk Manager. A copy of each policy and endorsement must be submitted to the Risk Manager with each certificate of insurance when a deviation is requested. Page 109 Construction Contract General Conditions -- Page 12 of 40 Fall River Trail Extension (TAP & MMOF) 5.3.1.3 Workers' Compensation and Employer's Liability: as statutorily required for persons performing work under the Contract. Any Subcontractor hired by the Contractor shall also carry Workers' Compensation and Employers' Liability coverage. Employer's liability insurance shall have a minimum coverage of $1,000,000 per occurrence. 5.3.1.4 Builder's Risk: a Builder's Risk Policy is required in an amount not less than the Contract Price. The Contractor shall cause its insurance provider to name the Town as an additional insured. 5.3.1.5 Installation Floater: an Installation Floater Policy is required for contracts involving the installation of unique or customized equipment and for contracts involving installations that in the judgment of the Town threaten to damage existing structures. The Contractor shall cause its insurance provider to name the Town as an additional insured. 5.3.2 Additional Insured Clause: The insurance coverage required for the performance of the Contract must be endorsed to name the Town of Estes Park, Colorado, a municipal corporation, its mayor and trustees, officers, agents, employees and volunteers, as additional insured with respect to the activities performed under the Contract. 5.3.3 Primary Insurance Endorsement: Pursuant to an endorsement submitted to and approved by the Town, all coverage must specifically state the insurance coverage for the Project. In no event shall an additional endorsement in the form of GL20.09 (1973-01 ed.) or any similar form be submitted or accepted. 5.3.4 Certificate of Insurance: As evidence of the insurance coverage required by the Contract, the Contractor shall furnish a certificate of insurance to the Project Manager. The certificate will specify parties who are additional insured. If the Contractor is self-insured under the laws of the State of Colorado, Contractor shall provide appropriate declarations of coverage. 5.3.5 Continuance of Insurance: For the term of the Contract, which includes any warranty periods, the Contractor shall not cancel, materially change or fail to renew the insurance coverage, and agrees to notify the Contract Coordinator of any material reduction or exhaustion of aggregate policy limits. If the Contractor fails to purchase or maintain the insurance coverage set forth in these General Conditions, the Town may deem such failure to be breach of this Contract. 5.3.6 Policy Details: Insurance required shall be with companies qualified to do business in the State of Colorado with a general policyholder’s financial rating of not less than A+3A as set forth in the most current edition of “Best’s Insurance Reports” and may provide for deductible amounts as the Contractor may deem to be reasonable for the Project, but in no event greater than Twenty Thousand Dollars ($20,000). No such policies shall be cancelable or subject to reduction in coverage limits or other modification. The Contractor shall not do or permit to be done anything that shall invalidate the insurance policies referred to in this paragraph. Page 110 Construction Contract General Conditions -- Page 13 of 40 Fall River Trail Extension (TAP & MMOF) Article 6--INDEMNIFICATION 6.1 Responsibility for Damage Claims: The Contractor shall indemnify, save harmless, and defend the Town, its officers and employees, from and in all suits, actions or claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the Town under the Contract; the Contractor's failure to comply with the provisions of the Contract; the Contractor's neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the "Workers' Compensation Act," by reason of the Contractor's failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. The Town may retain so much of the money due the Contractor under the Contract, as the Town considers necessary for such purpose, for the Town's use. If no money is due, the Contractor's Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that it and the Town are adequately protected by commercial general liability and property damage insurance. 6.1.1 The Contractor also agrees to pay the Town all expenses incurred to enforce this "Responsibility for Damage Claims" agreement and if the insurer of the Contractor fails to provide or pay for the defense of the Town of Estes Park, its officers and employees, as additional insured, the Contractor agrees to pay for the cost of that defense. 6.1.2 Nothing in the INSURANCE PROVISIONS shall limit the Contractor's responsibility for payment of claims, liabilities, damages, fines, penalties, and costs resulting from its performance or nonperformance under the Contract. Article 7--CONTRACTOR'S RESPONSIBILITIES 7.1 Control of the Work 7.1.1 When the Contractor is not present on the Project it shall have a Superintendent or other representative acceptable to the Town present who shall, during the absence of the Contractor, be its representative and have immediate charge of the Project. The Superintendent or representative shall have the Contractor's authority to act in its absence. The Superintendent shall ensure expeditious and competent handling of the work. A superintendent experienced in construction of the type specified and who is a permanent member of the Contractor’s organization shall be a resident at the Project throughout the construction. The superintendent shall be fully authorized to act for the Contractor and to receive whatever orders or notices may be given for the proper prosecution of the work. The Contractor’s field organization shall include an experienced staff of qualified technical personnel to handle on-site engineering, planning, and direction of all fieldwork. Page 111 Construction Contract General Conditions -- Page 14 of 40 Fall River Trail Extension (TAP & MMOF) 7.1.2 Any person employed on the Project who fails, refuses or neglects to obey the Superintendent or Contractor's other designated representative, shall, upon the order of the Project Manager, be at once removed from the Project and not again employed on any part of the Project. 7.2 General Use of Subcontractors 7.2.1 The Contractor may utilize the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors. 7.2.2 The Contractor shall not sublet or subcontract any portion of the Work to be done under the Contract until approval of such action has been obtained from the Town. 7.2.3 The Contractor is fully responsible to the Town for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by them. 7.2.4 Nothing contained in the Contract creates any contractual relationship between any Subcontractor and the Town. 7.2.5 The Contractor shall put appropriate provisions in all Subcontracts relative to the Work to bind Subcontractors to the terms of the Contract insofar as applicable to the Work of Subcontractors, and to give the Contractor the same power to terminate any Subcontractor that the Town may exercise over the Contractor. 7.2.6 The Contractor shall make available to each proposed Subcontractor, before the execution of the subcontract agreement, copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Sub-Subcontractors. 7.3 Materials and Equipment Furnished by the Contractor 7.3.1 The Contractor shall furnish and pay the cost of all of the necessary materials not furnished by the Town, all the superintendence, labor, tools, equipment, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery and transportation. The Contractor shall perform all the work required for the construction of all structures listed and itemized under the Bid Schedule of the Bid in strict accordance with the plans, Specifications and requirements and any amendments thereto and supplemental plans and Specifications hereafter approved. 7.3.2 Unless otherwise provided for in the Specifications, all workmanship, equipment, materials, and articles incorporated in the Project are to be the best of their respective kinds, new and undamaged. Page 112 Construction Contract General Conditions -- Page 15 of 40 Fall River Trail Extension (TAP & MMOF) 7.3.3 Materials, supplies or equipment to be incorporated into the Project shall not be purchased by the Contractor or any Subcontractor subject to chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by the seller. 7.3.4 The Contractor shall furnish the Project Manager, for the Manager's approval, the name of the manufacturer of machinery and other equipment for materials the Contractor contemplates incorporating in the Project. The Contractor shall also furnish information on capacities, efficiencies, sizes, etc., and other information as may be required by the Project Manager. The Contractor shall submit samples for approval when requested. Machinery, equipment, materials, and articles installed or used without the Project Manager's approval are at the risk of subsequent rejection. 7.3.5 The Contractor shall give the Project Manager an electronic copy of all shop manuals, operating manuals, parts lists, classifications, catalog cuts, Specifications, warranties and guarantees for all equipment and machinery installed. 7.3.6 Consideration of a product as an "equal" by the Project Manager may require that the manufacturer of such product furnish guarantees that extend beyond the usual product warranty time. The refusal of a manufacturer to provide such guarantees is sufficient reason for rejecting the product. 7.4 Patents and Copyrights 7.4.1 The Contractor shall provide a suitable legal agreement with the patentee giving the Contractor the right to use any design, device, material, or process covered by letters patent or copyright, in the construction of the Project when the use has not been specified or required by the Drawings and Specifications. The Contractor shall file a copy of this agreement with the Town, if requested. The Contractor and the Surety shall indemnify, defend and save harmless the Town from all claims for infringements on patented design, devices, material, process or any trademark or copyright during the prosecution or after the completion of the Project. 7.4.2 If any design, device, material, process or product of a particular manufacturer covered by letters patent or copyright is specified for use by the Drawings and Specifications, the Town is responsible for any claims for infringement by reason of the use of such design, device, material, process or product of a particular manufacturer; but the Contractor shall pay any royalties or license fees required. 7.5 Existing Utilities 7.5.1 The Town has collected and shown on the Drawings available information on the location of existing underground, surface and overhead structures and utilities. However, the Town does not guarantee the results of the investigations are accurate or complete. It is the Contractor's responsibility to verify all locations of existing structures and utilities shown on the Drawings and to ascertain whether any other structures and utilities exist. Page 113 Construction Contract General Conditions -- Page 16 of 40 Fall River Trail Extension (TAP & MMOF) 7.5.2 The Contractor shall support, and protect from injury, existing power lines, telephone lines, water mains, gas mains, sewers, cables, conduits, ditches, curbs, walks, pavements, driveways, and other structures in the vicinity of the Project which are not authorized to be removed until completion of the Project. The Contractor shall protect, shore, brace, support, and maintain all underground pipes, conduits, drains, and other underground construction uncovered or otherwise affected by the construction work performed by the Contractor. 7.6 Coordination with Town Departments 7.6.1 The Contractor shall always coordinate its Work with the Town of Estes Park Public Works and Utilities Departments. If it becomes necessary to close portions of any water system due to construction operations, a minimum of 48 hours notification shall be given the Utilities Department and whenever possible one week's notice should be given. It is the Contractor's responsibility to ensure continuity of the utilities. 7.6.2 If Town owned electrical utilities are involved, the Contractor shall coordinate its Work with the Town of Estes Park Utilities Department. Contractors should make every effort to give the Utilities Department one week's notice of upcoming construction involving the electric services; a minimum of 48 hours notification shall be given to the Utilities Department. 7.6.3 All electrical power and water from Town owned utilities required for the Project will be provided at the Contractor's expense. 7.6.4 The Contractor shall cooperate with all other contractors who may be performing work on behalf of the Town and workers who may be employed by the Town in the vicinity of the work under the Contract and shall conduct operations to minimize interference with the work of such contractors or workers. The Contractor shall promptly make good, at the Contractor’s own expense, any injury or damage that may be sustained by other contractors or employees of the Town at the Contractor’s hands. Any difference or conflict that may arise between the Contractor and other contractors shall be resolved as determined by the Town. If the work of the Contractor is delayed because of any acts or omissions of any other contractor, the Contractor shall have no claim against the Town on that account other than an extension of time. If any part of the Contractor’s work is dependent upon the quality and completeness of work performed under another contract, the Contractor shall inspect the other contractor’s work and promptly report defects therein which render such work unsuitable for the proper execution of the work under this Contract. Failure to report such defects to the Town shall constitute the Contractor’s acceptance of such work as suitable to receive the Contractor’s work; provided, however, that the Contractor shall not be responsible for defects which develop after such inspection and which could not have been reasonably detected or foreseen. 7.7 Laws and Ordinances 7.7.1 The Contractor shall perform all obligations under the Contract in strict compliance with all federal, state, and municipal laws, rules, statues, charter provisions, ordinances, and regulations, applicable to the performance of the Contractor under the Contract. Page 114 Construction Contract General Conditions -- Page 17 of 40 Fall River Trail Extension (TAP & MMOF) 7.7.2 The Contractor shall obtain all other permits and licenses required in the prosecution of the Work. 7.7.3 It is unlawful and unethical for any person to offer, give or agree to give any Town employee, Town official or former Town employee, or for any Town employee, Town official or former Town employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. 7.7.4 It is unlawful and unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor of any person associated therewith, as an inducement for the award of a subcontract or order. 7.8 Protection of Persons 7.8.1 It is a condition of the Contract, and the Contractor shall make a condition of each Subcontract entered into pursuant to the Contract, that the Contractor and any Subcontractor shall not require any laborer, mechanic or other person employed in performance of the Contract to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. The Contractor shall comply with all applicable safety rules and regulations adopted by the United States Department of Labor Occupational Safety and Health Administration (OSHA), the Industrial Commission of the State of Colorado or the Town of Estes Park, whichever is most restrictive. The Town assumes no duty to ensure that the Contractor follows the safety regulations issued by OSHA or the State of Colorado. 7.8.2 For operations involving trenching, excavation or any other underground construction, the Contractor's attention is specially directed to and its Work shall conform to the Construction Safety and Health Regulations, Part P Subparagraph 1926.650-653 by OSHA, latest revision. 7.8.3 The Contractor shall always, whether or not so specifically directed by the Project Manager, take necessary precautions to ensure the protection of the public. The Contractor shall furnish, erect, and maintain at its own expense all necessary precautions for the protection of the Work and safety of the public through and around its construction operations. 7.9 Protection of Property 7.9.1 The Contractor shall continuously and adequately protect the Work from damage, injury or loss arising in connection with the Contract. It shall repair or replace at its expense any such damage, injury or loss, except such as may be directly due to error in the Contract or caused by agents or employees of the Town. It shall provide and maintain at its expense all passageways, Page 115 Construction Contract General Conditions -- Page 18 of 40 Fall River Trail Extension (TAP & MMOF) barricades, guard fences, lights, and other protection facilities required by public authority or local conditions. 7.9.2 The Contractor is responsible for protection of all public and private property on and adjacent to the site of the Work. It shall use every precaution necessary to prevent damage to curbs, sidewalks, driveways, trees, shrubs, sod, mailboxes, fences, and other private and public improvements. It shall protect carefully from disturbance or damage all land monuments and property markers until an authorized agent has witnessed or otherwise referenced their locations, and shall not remove them until directed. 7.9.3 The Contractor shall carefully preserve all monuments, benchmarks, property pins, reference points, and stakes. The Contractor shall be charged with the expense of replacement of any such items destroyed and shall be responsible for any mistake or loss of time that may be caused. Permanent monuments or benchmarks which must be removed or disturbed shall be protected until they can be properly referenced for relocation. The Contractor shall furnish materials and assistance for the proper replacement of such monuments or benchmarks, but actual replacement shall be done by a licensed surveyor. 7.9.4 Whenever, in the opinion of the Town, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under the Contract or of adjacent structures or property, and whenever, in the opinion of the Town, an emergency has arisen and immediate action is considered necessary, then the Town, with or without notice to the Contractor, may provide suitable protection by causing work to be done and material to be furnished and placed. The cost of such work and material shall be borne by the Contractor and, if the same is not paid on presentation of the bills therefore, such costs may be deducted from any amounts due or to become due the Contractor. The performance of such emergency work shall not relieve the Contractor of responsibility for any damage that may occur. 7.10 Protection of Historical Sites 7.10.1 When the Contractor's excavating operations encounter remains of prehistoric people's dwelling sites or artifacts of historical or archeological significance, the Contractor shall temporarily discontinue the operations, and immediately advise the Project Manager. The Project Manager will contact archeological authorities to determine the disposition of the items in question. When directed, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and remove them for delivery to the custody of the proper authorities. Such excavation is considered, and paid for, as extra Work. Page 116 Construction Contract General Conditions -- Page 19 of 40 Fall River Trail Extension (TAP & MMOF) 7.11 Responsibility to Repair 7.11.1 Should any existing property be damaged, the Contractor shall immediately notify the Owner of such property. Unless authorized in writing by the owner of the property or directed by the Project Manager, the Contractor shall not attempt to make repairs. Written authorization from the owner to make repairs must be so worded as to save the Town harmless from any responsibility whatsoever relative to the sufficiency of the repairs, and to make the Town a beneficiary of that provision. The Contractor shall give the Project Manager a copy of the written authorization to make repairs. 7.11.2 When any direct or indirect damage or injury is done to any public or private property or utility by or on account of any act, omission, neglect or misconduct in the execution of the Work, the Contractor shall restore the damaged property at its own expense to a condition equal to or better than that existing before such damage or injury. 7.11.3 The Contractor shall replace any materials and equipment lost, stolen, damaged or otherwise rendered useless during the performance of Work on the Project. 7.12 Traffic Control 7.12.1 The Contractor shall arrange Work to disrupt traffic as little as possible. All traffic Control Devices used shall conform to the latest edition of the Manual of Uniform Traffic Control Devices, (MUTCD). Except as otherwise permitted, two-way traffic shall be maintained at all times in public roadways. At least 72 hours before starting any Work in Town right-of-way, the Contractor shall submit a detailed traffic control plan for review from the Public Works Department. The approval shall establish the requirements for closures related to the number of lanes and time of day lanes or streets may be closed. The Traffic Control Plan (TC Plan) shall include the name of the contractor, the name and phone number of the person responsible for the traffic control, the date for beginning and ending construction activity and hours of operation expected. The TC Plan should show the widths of streets involved, traffic lanes, the size and location of the Work area with distances from the curb, distance to the nearest intersection and the type and location of traffic control devices. No changes to the TC Plan shall be permitted without prior approval by the Public Works Department. 7.12.2 The Contractor shall furnish and maintain all necessary signs, barricades, lights, and flaggers necessary to control traffic and provide for safety of the public, all in compliance with the MUTCD with subsequent revisions and additions, and to the satisfaction of the Public Works Department. 7.12.3 Whenever a police officer is necessary for traffic control, the Contractor shall hire and pay a uniformed off-duty police officer with authority in the Town to direct traffic. The police department will determine the rate of pay for the officers. 7.12.4 The Contractor shall make its Traffic Control plans in concurrence with the Traffic Control requirements specifically stated in the Special Conditions. Page 117 Construction Contract General Conditions -- Page 20 of 40 Fall River Trail Extension (TAP & MMOF) 7.13 Sanitary Regulations 7.13.1 The Contractor is responsible for providing proper health and sanitation facilities for its employees, in compliance with any rules and regulations of the State Board of Health or any other bodies having jurisdiction. 7.13.2 The Contractor shall always provide an abundant supply of safe drinking water for its employees and shall give orders against the drinking of any water known to be unsafe in the vicinity of the Project. 7.13.3 At convenient places, the Contractor shall provide fly-proof outside toilets which are to be maintained in a sanitary condition. Toilets shall not be permitted in any reservoir area and shall not be permitted where they may pollute a water supply. 7.14 Pollution Control 7.14.1 The Contractor shall comply with all applicable Federal and State laws, orders, and regulations concerning the control, prevention, and abatement of water pollution, air pollution, and noise pollution in all operations pertaining to the Contract whether on right-of-way provided by the Town or elsewhere. 7.14.2 The Contractor shall use construction methods that prevent release, entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes including, but not restricted to refuse, garbage, cement, concrete, sewage effluent, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. Non-regulated solid wastes shall be disposed of by methods approved under applicable laws and regulations, including, the Resource Conservation and Recovery Act (RCRA), Subtitle D, as administered by Colorado and local Health Departments and the EPA. Contaminated and hazardous materials are regulated by RCRA, Subtitles C and D. The Contractor shall notify the Colorado Department of Public Health and Environment, Larimer County Public Health, and the Estes Valley Fire Protection District if suspect materials are encountered. 7.14.3 The Contractor shall utilize methods and devices that are reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants including dust in its construction activities and operation of equipment. 7.14.4 The Contractor shall not emit dust into the atmosphere during any operations, including but not limited to: grading; excavating; manufacturing, handling or storing of aggregates; trenching; or cement or pozzolans. The Contractor shall use the necessary methods and equipment to collect, deposit, and prevent dust from its operations from damaging crops, orchards, fields or dwellings or causing a nuisance to persons. The Contractor is liable for any damage resulting from dust. 7.14.5 The Contractor may not operate equipment and vehicles with excessive emission of exhaust gases due to improper mechanical adjustments, or other inefficient operating conditions, until repairs or adjustments are made. Page 118 Construction Contract General Conditions -- Page 21 of 40 Fall River Trail Extension (TAP & MMOF) 7.14.6 Burning trash, rubbish, trees, brush or other combustible construction materials is permitted only when the Contractor has any necessary burning permit from any authority having jurisdiction. Burning shall be conducted in strict conformance with the permit. 7.14.7 De-watering for structure foundations or earthwork operations adjacent to or encroaching on lakes, streams or water courses shall be done in a manner which prevents muddy water and eroded materials from entering the lakes, streams or water courses, by construction of intercepting ditches, bypass channels, barriers, settling ponds or by other approved means. Excavated materials may not be deposited or stored in or alongside lakes or water courses where they can be washed away by high water or storm runoff. 7.14.8 The Contractor may not allow waste water from aggregate processing, concrete batching or other construction operations to enter lakes, streams, water courses or other surface waters without turbidity control methods such as settling ponds, gravel-filter entrapment dikes, approved flocculation processes that are not harmful to fish, recirculation systems for washing of aggregates or other approved methods. Any waste waters discharged into surface waters shall conform to applicable discharge standards of the Colorado Department of Public Health and Environment and the Federal Government. 7.15 Stormwater Quality 7.15.1 The Contractor shall be responsible for the preservation and protection of storm water collection systems and other natural and developed drainage ways, which may be affected by Work done under the Contract. Any construction activity may be required to obtain a Stormwater Discharge Permit Associated with Construction Activity from the Colorado Department of Public Health and Environment (CDPHE). The Colorado Department of Public Health and Environment, Water Quality Control Division, can be reached at 303-692-3500 http://www.cdphe.state.co.us/wq/PermitsUnit/wqcdpmt.html ). Unless otherwise indicated, the Contractor is responsible for obtaining this permit from the Colorado Department of Public Health and the Environment. 7.15.2 The Contractor shall satisfy all environmental quality standards imposed by law and take reasonable steps to minimize the environmental impact of the work. In compliance with applicable Town, state and federal law: 1.The Contractor shall not pollute the water of any pond, lake, stream, ditch, or other watercourse. 2.The Contractor will implement erosion control practices and stormwater best management practices. 3.The Contractor will comply with all appropriate groundwater discharge permits associated with this project. 7.15.3 All permit requirements must be met throughout the warranty period and until Final Stabilization is reached. Page 119 Construction Contract General Conditions -- Page 22 of 40 Fall River Trail Extension (TAP & MMOF) 7.15.4 For purposes of this Contract, the Project Manager is authorized to enforce the Estes Park Municipal Code. Any direct costs, including assessed fines, will be charged to the Contractor and appropriate deduction will be made from the Contractor’s monthly payments. 7.15.5 This work consists of constructing, installing, maintaining, and removing when required, erosion control measures during the life of the Contract or length of any permit, whichever is open longer, to prevent or minimize erosion, sedimentation, and pollution of any state waters including wetlands as defined in the Colorado Department of Transportation Standard Specifications Section 208 or 107.25, or Urban Drainage and Flood Control District (UDFCD) Volume 3 Urban Storm Drainage Criteria Manual, or Town design standards. 7.15.6 The Contractor shall coordinate the construction of temporary erosion control measures with the construction of permanent erosion control measures to assure economical, effective and continuous erosion control throughout the construction and warranty period. 7.15.7 The materials for erosion control measures shall conform to Section 208 of the Colorado Department of Transportation Standard Specifications or Urban Drainage and Flood Control District (UDFCD) Volume 3 Urban Storm Drainage Criteria Manual. 7.15.8 The Contractor is responsible for complying with the requirements of any Town development permit or approval and the Stormwater Discharges Permit associated with Construction Activity Permit from CDPHE until the permits have been formally inactivated. Contract requirements include: a.Develop a Stormwater Management Plan (SWMP) and submit to the Town for review and approval. b.After Town approval of the SWMP, submit a permit application to CDPHE at least 10 days prior to the start of construction activities. c.Submit proof of issuance of a Town development permit or approval and proof of issuance of a Stormwater Discharge Permit Associated with Construction Activity to the Project Manager. During Construction: a.Keep a current copy of the SWMP on site at all times. b.Document any plan changes on the approved SWMP. c.Install Best Management Practices (BMPs) according to specifications outlined in the SWMP. d.Perform visual inspection daily. e.Perform written inspections of stormwater and erosion controls every 14 days and following each significant storm event. f.Maintain inspection records and maintenance records on-site with the SWMP at all times. g.Provide SWMP and inspection records to Town Inspector upon request. h.Maintain and modify BMPs to reflect current conditions of the job site until Final Stabilization is achieved. i.In accordance with project schedule, implement phasing of grading and temporary vegetation cover to properly manage site runoff during periods of construction inactivity. Page 120 Construction Contract General Conditions -- Page 23 of 40 Fall River Trail Extension (TAP & MMOF) Post-Construction j.Project Manager or Designee will determine when final stabilization is reached. Final Stabilization, as defined by the State of Colorado, is reached when all soil disturbing activities at the site have been completed and a uniform vegetative cover has been established with a density of at least 70 percent or pre-disturbance levels or equivalent, permanent, physical erosion reduction methods have been employed. k.Remove all temporary BMPs. l.Inactivate Town development permit and the Stormwater Discharge Permit Associated with Construction Activity through Inactivation Notice or Notice of Transfer or Reassignment as determined by the Project Manager. 7.15.9 For more specific information about SWMP requirements, refer to state standards and specifications. 7.15.10 Construction sites that discharge un-permitted stormwater are in violation of the Clean Water Act, and may be subject to fines of up to $25,000 a day per violation and subject to additional civil penalties. 7.15.11 When included in the Special Conditions, the Contractor shall assign to the project an employee, or other person approved by the Project Manager to serve in the capacity of the Erosion Control Supervisor (ECS). The ECS shall be a person other than the Contractor’s superintendent, unless otherwise approved by the Project Manager. The ECS shall be experienced in all aspects of construction and have satisfactorily completed an ECS training program authorized by the Town. Certified Erosion Control Training is required for contractors responsible for installing and maintaining the BMPs. Call (303) 441-1439 to inquire about the next training opportunity. Proof that this requirement has been met shall be submitted to the Project Manager prior to start of any earth disturbance work. 7.15.12 The ECS’s responsibilities shall be as follows: a.Ensure compliance with all water quality permits in effect during the construction work. b.Directly supervise the installation, construction, and maintenance of all erosion control measures specified in the Contract and coordinate the construction of erosion control measures with all other construction operations. c.Direct the implementation of suitable temporary erosion and sediment control features as necessary to correct unforeseen conditions or emergency situations. Direct the dismantling of those features when their purpose has been fulfilled unless the Project Manager directs that the features be left in place. d.Inspect all erosion control features implemented for the project. The written inspections shall take place at least once every 14 days and after each storm event that causes surface runoff and be available for review upon request. The appropriate form for this report will be supplied by the Project Manager. The inspections shall be made during the progress of the work, during work suspensions, and until final stabilization acceptance of the work. During project suspensions, inspections shall take place at least once every 14 days, or as directed. e.Attend all project scheduling meetings as required by Project Manager. Page 121 Construction Contract General Conditions -- Page 24 of 40 Fall River Trail Extension (TAP & MMOF) f.Upon the Project Manager or Inspector’s request, implement necessary actions to reduce anticipated or presently existing water quality or erosion problems resulting from construction activities. The criteria by which the Project Manager or Inspector initiates this action may be based on water quality data derived from monitoring operations or by any anticipated conditions (e.g., predicted storms) which the Project Manager or Inspector believes could lead to unsuitable water quality situations. 7.15.13 All erosion control shall be performed in accordance with Sections 208 of the Colorado Department of Transportation’s Standard Specifications or Construction Best Management Practices of UDFCD Volume 3 Urban Storm Drainage Criteria Manual. 7.15.14 Unless listed in the Bid Document, all erosion control features, including the Erosion Control Supervisor will not be measured, but will be paid for on a lump sum basis. The lump sum price bid will be full compensation for all work required to complete the item. 7.15.15 Work to furnish, install, maintain, remove and dispose of erosion and sediment control features specified in the Bid document will be paid for at the contract unit price. 7.16 Cleaning Up and Restoration 7.16.1 The Contractor shall clean up all refuse or scrap materials so the site presents a neat, orderly, and workmanlike appearance at all times. 7.16.2 Upon completion of the Project, and before Final Inspection, the Contractor shall remove from the construction site and any occupied adjoining property all plants, buildings, refuse, unused materials, forming lumber, sanitary facilities, and any other materials and equipment that belong to the Contractor or its Subcontractors. 7.16.3 The Town may clean up and restore the construction site satisfactorily when the Contractor fails to do so. Any costs the Town incurs will be deducted from the Final Payment due the Contractor. Article 8--OTHER WORK 8.1 The Town reserves the right to award other Contracts in connection with the Project. The Contractor shall cooperate with and afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall coordinate its Work with theirs. Article 9--TOWN'S RESPONSIBILITIES 9.1 The Town will furnish the data required by the Contract and will make payments to the Contractor as provided by these General Conditions. Article 10--PROJECT MANAGER'S RESPONSIBILITIES Page 122 Construction Contract General Conditions -- Page 25 of 40 Fall River Trail Extension (TAP & MMOF) 10.1 The Project Manager (Project Manager is a defined term meaning the Town’s authorized representative) shall maintain Owner's authority over the Contractor relating to field direction and project administration, but does not assume liability for the Contractor's work, nor control scheduling whenever such performance is located in or upon the Town's property. The Project Manager will furnish or coordinate all explanations from consultants, field directions, horizontal and vertical control and inspections necessary to assure compliance with the Project documents, except as otherwise stated in the Project documents. 10.2 Lines and Grades 10.2.1 The Contractor shall survey and stake as specified in the Special Conditions. 10.2.2 If the Special Conditions indicate the Project Manager is responsible for appointment and payment of a surveyor for construction staking. The Contractor shall give assistance, as required by the Surveyor, to aid in the staking, including clearing, improving access, exploratory excavations, and suspending operations to permit the surveyor to perform its work. 10.2.3 If the Project Manager appoints a Surveyor, the Contractor shall give notice to the Surveyor at least five working days before initial lines and grades are needed. Thereafter, the Contractor shall give the Surveyor notice at least three working days before additional line and grade stakes are needed. The Project Manager is not responsible for providing lines and grades until the Contractor meets the notice requirements of this Article. 10.2.4 If the Project Manager appoints a surveyor, the Contractor shall preserve all stakes, benchmarks, and any other survey points. If the Contractor damages them, the Contractor shall pay for their replacement. Contractor shall preserve, reset or reestablish all bench marks, monuments and other established control points as the Project warrants. 10.3 Inspection 10.3.1 The Project Manager shall appoint Inspectors to inspect the Project. Inspection may extend to all or any part of the Project. The Inspectors are not authorized to alter the provisions of the Drawings or Specifications or to delay the fulfillment of the Contract by failure to inspect materials and Work with reasonable promptness. 10.3.2 An Inspector has authority to reject defective materials and to suspend any Work that is being done improperly subject to the final decision of the Project Manager. 10.3.3 The Contractor shall give the Project Manager due and timely notice of readiness when the Project is to be inspected, tested or approved by someone other than the Inspector. The Contractor shall give the Project Manager required certificates of inspection, testing or approval. Inspection, tests or approvals by the Project Manager or others does not relieve the Contractor from its obligations to perform the Work according to the requirements of the Contract. 10.3.4 If the Project Manager considers it necessary or advisable that previously completed or covered Work be inspected or tested, the Contractor shall uncover, expose or otherwise make the Page 123 Construction Contract General Conditions -- Page 26 of 40 Fall River Trail Extension (TAP & MMOF) Work available to the Project Manager for inspection and testing. The Contractor shall furnish all tools, labor, material, and equipment necessary to make the Work available. If the Project Manager finds the Work defective, the Contractor shall pay for the cost of satisfactory reconstruction and making the Work available. However, if the Work is not found defective, the Contractor will be allowed an increase in the Contract Price and/or an extension of the Contract Time for costs and time directly attributable to making the Work available and for reconstruction. 10.3.5 If the Contractor's operations require inspecting, testing or surveying to be done outside normal working hours or on Town holidays, it shall be at the Contractor's expense. 10.4 Stop Work Order 10.4.1 The Project Manager has the authority to suspend Work on the Project either in whole or in part, for as long as the Project Manager deems necessary due to: a.Unsuitable weather; b.Faulty workmanship; c.Improper superintendence; d.Contractor's failure to carry out orders or to perform any provision of the Contract; e.Conditions which may be considered unfavorable for the prosecution of Work on the Project; or f.Work being carried on in an unsafe manner. 10.4.2 If it is necessary to stop work for an indefinite period, the Contractor shall, if directed by the Project Manager, store all materials in such a manner that they will not become an obstruction or become damaged in any way. The Contractor shall take every precaution to prevent damage to or deterioration of the Work, providing suitable drainage and erecting temporary structures where necessary. 10.4.3 The Project Manager will put the Stop Work order in writing and the Contractor may not proceed with Work on the suspended portion of the Project until notified in writing by the Project Manager. 10.5 Disputes 10.5.1 If the Contractor considers any Work directed by the Town to be outside the Contract requirements, or if it considers any ruling of the Project Manager to be unfair, it shall immediately ask for a written instruction or decision and shall perform the Work in conformance with the Project Manager's ruling. If the Contractor considers such instructions unsatisfactory, it shall file a written protest with the Project Manager within ten days after their receipt. 10.5.2 All claims, disputes and other matters in question arising out of or relating to the Contract shall be submitted to the Project Manager before the Contractor can begin litigation. 10.5.3 The parties agree that any litigation by Contractor against the Town concerning this Contract shall be filed not more than 2 years after the date of the Notice of Construction Page 124 Construction Contract General Conditions -- Page 27 of 40 Fall River Trail Extension (TAP & MMOF) Acceptance. The parties agree that any litigation filed by Town against Contractor concerning this Contract shall be filed not more than 2 years after the date of the Notice of Final Acceptance. Article 11—CHANGES 11.1 General 11.1.1 The Town may make alterations to the Project without the consent of the Surety at any time during the Work. The Contractor shall perform the Work as changed, as if originally specified. The alterations do not invalidate the Contract in any way. 11.1.2 The Project Manager may, at any time, without notice to the Surety, by written notice to the Contractor, make any change in the Work to be performed within the general scope of the Contract, including but not limited to changes: a.In the Specifications (including Drawings and designs); b.In the method or manner of the performance of the Work; c.In facilities, equipment, materials, services or site furnished by the Town; or d.Directing acceleration in the performance of the Work. 11.1.3 Any written order (which terms as used in this Article shall include direction, instruction, interpretation or determination) from the Project Manager, which may warrant a time extension or increased or decreased costs) will be treated as a Change Order under this Article provided that the Contractor gives the Project Manager written notice within seven (7) calendar days of that condition, stating the date, circumstances, and source of the order and that the Contractor regards the order as a Change Order. However, the Town will not authorize a change in the Contract Price for work done before approving a Change Order authorizing the additional work. If the Town and the Contractor do not agree to the terms of a Change Order, including the amount of additional compensation, the Contractor shall proceed with the work under the terms of the Contract and shall maintain accurate records of the costs as described in the General Conditions, Article 11. 11.1.4 The Contractor may not treat any order, statement or conduct of the Project Manager as a change under this Article nor become entitled to an equitable adjustment in the Contract Price or Performance Time, except as provided in this Article. 11.1.5 If any change under this clause causes an increase or decrease in the Contractor's cost or the time required for the performance of any part of the Work under the Contract, whether or not changed by any order, an equitable adjustment will be made and the Contract modified in writing accordingly. If no agreement is reached regarding the equitable value of additional work, it shall be determined as cost plus fifteen percent (15%) for overhead and profit. The amount of credit to be allowed by the Contractor to the Town for any such change that results in a net decrease in cost will be the amount of the actual net decrease as determined by the Town. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. Page 125 Construction Contract General Conditions -- Page 28 of 40 Fall River Trail Extension (TAP & MMOF) In no case will the price adjustment change the original Contract Price to an amount not appropriated by the Town Board and approved by the appropriate Town representative per its purchasing policies. 11.1.6 Claims for changes in the Contract Price or Contract Time of Performance will not be considered after the Final Payment has been made. 11.2 Compliance with §24-91-103.6 11.2.1 Notwithstanding any other language in this contract, the issuance of any Change Order or other form of order or directive by the Town requiring additional compensable work to be performed which will cause the Contract Price to exceed the amount appropriated for the Work is prohibited unless the Contractor is given written assurance by the Town that lawful appropriations to cover the costs of the additional work have been made or unless the Contract contains a remedy granting provision. 11.3 Field Orders 11.3.1 The Project Manager may make changes in the details of the Project at any time, by issuing a Field Order. The Contractor shall proceed with the performance of any changes in the Project ordered by the Project Manager. If the Contractor believes that such Field Order entitles it to a change in Contract Price or Time, or both, it shall give the Project Manager written notice within ten (10) days after the receipt of the Field Order. Thereafter, the Contractor shall document the basis for the change in Contract Price or Time within thirty days. 11.4 Change Orders 11.4.1 Changes in the Contract Price are authorized only by Change Orders. Changes in contract time may be made by a Change Order or by other appropriate written authorization. Any requests for extension of time due to conditions outside of the Contractor's control shall be made in writing within seven (7) calendar days of that condition. 11.4.2 Any difference in cost from Change Orders shall be added to or deducted from the amount of the Contract, as the case may be. Adjustments in the amounts to be paid to the Contractor on account of changed Work will be determined by one of the following methods in the order listed: a.Unit Prices submitted in the Bid Schedule; b.Negotiated Unit Prices; and c.Negotiated lump sum. 11.5 Extras and Force Account Work 11.5.1 The Contractor shall perform any Work and furnish materials and equipment necessary or desirable for proper completion of the Contract if the Project Manager believes it necessary to order Work or materials or equipment which, in the Project Manager's opinion, are not susceptible to classification under the Unit Price items named in the Bid Schedule, and are not included in any Page 126 Construction Contract General Conditions -- Page 29 of 40 Fall River Trail Extension (TAP & MMOF) lump sum bid item. The Project Manager will order such labor, material and equipment in writing before the extra Work is started. The labor, material and equipment will be classed as extra Work. The Town will not pay for extra Work unless the Town orders in extra work in writing. All claims for extra Work shall be submitted to the Project Manager, supplemented by any data the Project Manager requires. 11.5.2 Extra Work and Work involving a combination of increases and decreases in the Work will ordinarily be paid for at a lump sum or Unit Price agreed upon in writing by the Project Manager and Contractor before the extra Work Order is issued. In the negotiation of lump sum or Unit Prices, the agreed estimated cost of the Work plus an allowance for overhead and profit, not to exceed the allowances stated in Section 11.5.3, shall be used. 11.5.3 The allowance for overhead and profit will include full compensation for superintendence, bonds and insurance premiums, taxes (other than sales or use taxes included in the cost of materials), office expense, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided under Sections 11.5.4, 11.5.5 and 11.5.6. The allowance for overhead and profit will be according to the following schedule: ACTUAL NECESSARY COST ALLOWANCE: Labor 20 percent Materials 15 percent Equipment 10 percent The Actual Necessary Cost for labor, materials, or equipment will be computed according to Sections 11.5.4, 11.5.5 and 11.5.6. Superintendence, bond and insurance premiums, taxes (other than sales or use taxes inclusive in the cost of materials), and other general expense will not be included in the computation of actual necessary cost. When all or any part of the extra Work is performed by a Subcontractor or specialty firm, the prime Contractor may add five percent of the Subcontractor's total cost for the extra Work. The Contractor shall give the Project Manager daily report sheets covering the direct cost of labor and materials and charges for equipment. The daily report sheets shall provide names or identifications and classifications of workers and hours worked, as well as size, type and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendors' invoices. The Project Manager will make any necessary adjustments and compile the costs of cost-plus Work. When these reports are agreed upon and signed by both parties, they become the basis of payment for the Work performed. 11.5.4 Labor: The cost of labor used in performing the Work by the Contractor, a Subcontractor, or other forces will be the sum of the actual wages paid plus any employer payments to, or on behalf of, workers for fringe benefits including health and welfare, pension, vacation, and similar purposes; all payments imposed by State and Federal laws including, but not limited to, compensation insurance, and social security payments; and the amount paid for subsistence and travel required in accordance with the regular practice of the employer. Page 127 Construction Contract General Conditions -- Page 30 of 40 Fall River Trail Extension (TAP & MMOF) At the beginning of the contract or as later requested by the Project Manager, the Contractor shall furnish the Project Manager proof of labor compensation rates being paid or already paid. 11.5.5 Materials: The cost of materials used in performing the Work, including transportation charges for delivery (exclusive of machinery rentals), will be the cost to the purchaser, whether Contractor, Subcontractor or other forces, from the Supplier thereof, inclusive of sales or use taxes, except if, in the opinion of the Project Manager, the cost of materials is excessive, or the Contractor does not furnish satisfactory evidence of the cost of such material. If the Project Manager finds the cost excessive or the Contractor has not furnished evidence of the cost, then the cost will be deemed to be the lowest current wholesale price for the quantity concerned delivered to the job- site less cash or trade discounts. The Town reserves the right to furnish materials for the Work and the Contractor may not claim costs and profit on materials furnished by the Town. The Town reserves the right to purchase from the Contractor any materials previously purchased for a project and not used. Payment for the materials will be based on the actual material cost as shown on the Supplier's invoice, any transportation charges incurred, plus a fifteen percent handling fee. 11.5.6 Equipment: The Contractor will be paid according to the rental rates agreed upon in writing before extra or force account Work is begun, for any machinery or special equipment (other than small tools) authorized by the Project Manager. The Contractor may furnish cost data to assist the Project Manager in the establishment of the rental rate. The rental rates paid, as provided above, shall include the cost of fuel, oil, lubrication supplies, small tools, necessary attachments, repairs and maintenance of all kinds, depreciation, storage, insurance, and all incidentals. Operator wages will be paid separately, as provided in Section 11.5.4. Individual pieces of equipment or tools having a replacement value of $100.00 or less, whether or not consumed by use, are considered small tools and no payment will be made for them. Rental time will not be allowed while equipment is inoperative due to breakdowns or storage on- site. 11.5.7 Equipment on the Work: The rental time to be paid for equipment on the Work is the time the equipment is in productive operation on the extra Work being performed. 11.5.8 Eliminating Items: The Project Manager shall notify the Contractor in writing to eliminate any items contained in the proposal unnecessary for the proper completion of the Work. Such action will not invalidate the contract. The Contractor, by Change Order, will be reimbursed for actual work done and all cost incurred, including mobilization of materials and equipment before the elimination of such items. Page 128 Construction Contract General Conditions -- Page 31 of 40 Fall River Trail Extension (TAP & MMOF) Article 12--CONTRACT TIME 12.1 General 12.1.1 Time is of the essence in the performance of all Work contemplated in the Contract. Therefore, the Work shall be commenced no later than ten days from and including the date of Notice to Proceed and shall be fully completed in a satisfactory and acceptable manner within the time stated in the Contract. 12.1.2 The capacity of the Contractor's construction plant and force shall be sufficient as to insure completion of the Project within the allotted time. The Contractor shall use multiple crews if necessary to complete the Project within the allotted time. 12.2 Delays 12.2.1 Delay claims fall into three categories: non-excusable, excusable, or compensable. Any payment for delays or the granting of time extensions require a properly executed Change Order per Article 11. 12.2.1.1 Non-excusable delay is one caused by factors within the Contractor's reasonable control. The delay is the Contractor's fault; no additional time or additional compensation is allowed. Typical types of non-excusable delays are: a.Late submittal of Shop Drawings; b.Late procurement of materials or equipment; c.Insufficient personnel; d.Unqualified personnel; e.Inadequate coordination of Subcontractors or other contractors; f.Subcontractor delays; g.Late response to Town and Project Manager inquiries; or h.Construction not conforming to contract requirements making repeated re-working necessary. 12.2.1.2 Excusable delay is caused by factors beyond the Contractor's reasonable control, but is not the result of the Town's actions or failure to act. An excusable delay entitles the Contractor to an extension of time but no additional compensation for the cost of the delay. 12.2.1.3 Compensable delay is one where the Town has failed to meet an obligation stated or implied in the construction contract. If the Project Manager considers a delay as compensable, the Town will grant a time extension and reimburse the Contractor for the increased cost caused by the delay. No damages shall be payable for any delay not due to an act or neglect of the Town or an employee of the Town. Typical types of Town-caused delays are: a.Late approval of Shop Drawings and samples; b.Delays in answers to field inquiries by the Contractor; c.Interference with the Contractor during construction; Page 129 Construction Contract General Conditions -- Page 32 of 40 Fall River Trail Extension (TAP & MMOF) d.Town-caused schedule changes; e.Design changes; or f.Interference by other contractor's or the Town's forces. 12.3 Failure to Complete Work on Time--Liquidated Damages 12.3.1 The Town may permit the Contractor to proceed if the Contractor fails to substantially complete the Work on or before the original date set forth for Substantial Completion in the Contract, or on or before the corrected date of Substantial Completion. In such case, the Town will deduct the sum specified in the Contract for each day that the Work remains uncompleted. This sum shall not be a penalty but is liquidated damages. 12.3.2 The parties agree that, under all of the circumstances, the daily basis and the amount set forth as liquidated damages is reasonable and equitable. The Town expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of Estes Park incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms, are impossible to measure. 12.3.3 The Contractor shall perform with due diligence, regardless of meeting the various scheduled deadlines. If, in the opinion of the Town's Project Manager, or other authorized agent of the Town, the Contractor is not prosecuting the Work under the Contract, written notice will be given and the Contractor shall have seven days to resume the Work with due diligence. Failing a cure, liquidated damages will be charged until there is resumption of prosecution with due diligence. 12.3.4 Permitting the Contractor to continue and finish the Work, or any part of it, after the time fixed for its completion, or after the date to which the time of completion may have been extended, shall not operate as a waiver on the part of the Town of liquidated damages or any of its rights under the Contract. Article 13--WARRANTY AND GUARANTEE: SAMPLES AND TESTING; DEFECTIVE WORK AND MATERIALS 13.1 Warranty and Guarantees 13.1.1 The Contractor and its Surety are jointly and severally responsible for the condition of all completed Work, maintenance (unless the Town is required by the Special Conditions to assume responsibility for maintenance) and satisfactory operation of Work performed under the Contract for a period of two years following the Notice of Construction Acceptance or for one year after warranty work is fully satisfied. A notice of warranty work that requires repair or replacement under the warranty will be submitted to the Contractor on a Notice of Warranty Work. The Contractor and Surety are jointly and severally responsible for the satisfactory repair or replacement of any Work, materials or equipment which are found defective during this period, provided any failure results directly or indirectly from faulty workmanship or negligence by the Page 130 Construction Contract General Conditions -- Page 33 of 40 Fall River Trail Extension (TAP & MMOF) Contractor, from faulty manufacturing or from faulty erection or improper handling of materials or equipment furnished or installed by the Contractor. Neither the Contractor nor Surety is liable for any failure resulting from the Town's neglect or improper operation of facilities or the acts of third parties. If desired by the Town, portions of the work may be placed in service when completed, and the Contractor shall provide proper access for this purpose. Such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction throughout the duration of the Contract. 13.2 Samples and Testing 13.2.1 All materials and equipment used in the Project will be subject to sampling and testing according to generally accepted standards and as required in the Contract Documents. In the absence of direct references, the sampling and testing of materials will be done according to current Specifications of the American Society for Testing and Materials or the American Water Works Association. The Contractor shall cooperate with the Project Manager in collecting and forwarding required samples. 13.2.2 The Contractor shall not incorporate any materials into the Project or cover any part of the Work until it has been inspected and approved according to the Contract Documents. 13.2.3 The Contractor shall furnish all samples without charge. The Contractor will cooperate with the Project Manager in collecting, handling, storing, and forwarding required samples including the furnishing of manpower and equipment when necessary. 13.2.4 The Town will pay the cost of the initial test except when the Contract Documents state otherwise. The Town will charge the Contractor for repeated tests due to failure of the initial test. 13.3 Access to Work 13.3.1 The Project Manager and the Manager's representatives shall have access to the Project at any time for purposes of inspection, sampling, and testing. Access shall extend to authorized representatives of participating federal or state agencies and to other public authorities having jurisdiction established by law. The Contractor shall provide proper facilities for access to the Project. 13.3.2 Access to the Project shall mean wherever and whenever it is in manufacture, preparation or progress. It shall include access to payrolls, records of personnel, invoices of materials, terms and conditions of sale of materials and equipment to be incorporated in the Project, files, records, books, correspondence, instructions, Drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and any other relevant data and records relating to the Contract. 13.3.3 The Town may, at reasonable times, inspect the part of the plant, place of business or worksite of the Contractor or Subcontractor at any tier which is pertinent to the performance of the Contract. 13.4 Defective Work and Materials Page 131 Construction Contract General Conditions -- Page 34 of 40 Fall River Trail Extension (TAP & MMOF) 13.4.1 Material and workmanship not conforming to the requirements of the Contract are deemed defective. Defective Work or material shall be removed immediately from the Project site and replaced with acceptable Work and material at the Contractor's expense. 13.4.2 If the Contractor fails to replace rejected materials or Work within ten days after receipt of written notice, the Town may replace or correct them and charge the cost to the Contractor and may terminate the right of the Contractor to proceed. Failure to detect previously installed defective materials or workmanship shall not impair the Town's right to receive a completed project which is free of defects and meets all of the requirements of the Contract Documents. Article 14--PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 General 14.1.1 Unless expressly provided otherwise, the prices shown in the Bid Schedule include the cost of all labor, materials, equipment, tools, forms, services, utilities, royalties, fees, and any other thing or expense necessary to complete the Project. Items not shown on the Plans, Specifications or Special Provisions but which are necessary to construct the Project will be considered a part of the Project whether specified or not and no separate payment will be made for these items. 14.1.2 Unless expressly provided otherwise in the Contract, the amount to be paid for the Work includes all labor, materials, forms, tools, scaffolding, plants, equipment, service, utilities, royalties, fees, and everything, whether temporary or permanent, necessary to complete the Project. 14.2 Determination of Amounts and Quantities 14.2.1 The Project Manager shall verify determinations of amounts and quantities of Work performed. The Project Manager shall have access to the records as stated in Article 13.3. The method of measurement of the Contract Bid Items will be as specified in the Special Conditions or Technical Specifications. 14.3 Variations in Estimated Quantities 14.3.1 Where the quantity of a pay item in the Contract is an estimated quantity and where the actual quantity of such pay item varies more than twenty-five percent below the estimated quantity stated in the Contract, the Contractor may request an equitable adjustment in the Contract Price, upon demand of the Town. The Contract Price adjustment will be based upon any decrease in costs due solely to the variation below seventy-five percent of the estimated quantity. Where the quantity of a pay item in the Contract is an estimated quantity and the actual quantity of such pay item is more than twenty-five percent above the estimated quantity in the Contract, the Town may elect to terminate the Contract or issue a Change Order to adjust the Contract Price. Page 132 Construction Contract General Conditions -- Page 35 of 40 Fall River Trail Extension (TAP & MMOF) In no case will the price adjustment change the original Contract Price to an amount not appropriated by the Town Board and approved by an appropriate representative of the Town under its purchasing policies. 14.4 Monthly Estimates--Partial Payments 14.4.1 The Contractor shall prepare monthly partial estimates (monthly estimates) for all Work completed up to that time. The authorized Town representative(s) shall approve the monthly estimates before progress payments will be made. The format of the monthly estimates will be related to the format of the Bid Proposal. The estimated cost of repairing, replacing, or rebuilding any part of the work or replacing materials that do not conform to the drawings and specifications will be deducted from the estimated value. 14.4.2 In making such progress payments, subject to the exceptions in this Article, the Town will retain five percent of the calculated value of completed Work for contracts in excess of $150,000 and where the contractor is satisfactorily performing the contract. The withheld percentage of the Contract Price of any contracted Work will be retained until the contract is completed satisfactorily and finally accepted by the Town. 14.4.3 On Contract amounts of less than $150,000, ten percent may be withheld until Final Payment. 14.4.4 If the Town finds that satisfactory progress is being made in any phase of the Contract, it may, upon written request by the Contractor, authorize payment from the withheld percentage to the Contractor. Before payment is made, the Town shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the Work. 14.4.5 Monthly estimates may include the value of acceptable materials required in the construction which have been delivered on the site of the Work or to adjacent railway siding and for which acceptable provisions have been made for preservation and storage, providing the Contractor submits with its monthly estimate, paid invoices in duplicate for the material for which payment is being requested. Material paid for by the Town becomes the property of the Town and, in the event of the default on the part of the Contractor, the Town may use or cause to be used such materials in construction of the Work provided for in the Contract. 14.4.6 The Town may withhold, in addition to retained percentages from Contractor payments, such an amount or amounts as may be necessary to cover: 14.4.6.1 Claims for labor or materials furnished the Contractor or Subcontractor(s) or reasonable evidence indicating probable filing of such claims; 14.4.6.2 Failure of the Contractor to make proper payment to Subcontractors or for material or labor furnished by others; 14.4.6.3 A reasonable doubt that the Contract can be completed for the balance then unpaid; Page 133 Construction Contract General Conditions -- Page 36 of 40 Fall River Trail Extension (TAP & MMOF) 14.4.6.4 Evidence of damage to another Contractor or private or public property; 14.4.6.5 Uncorrected defective Work or guarantees that have not been met; 14.4.6.6 Failure of the Contractor to submit cost breakdowns, schedules, reports and other information required under the Contract; 14.4.6.7 Persistent failure to carry out the Work according to the Contract; or 14.4.6.8 Reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay. 14.4.7 The Town may disburse and has the right to act as agent for the Contractor in disbursing funds, withheld pursuant to this paragraph, to the party or parties who are entitled to payment therefrom, but the Town assumes no obligation to make such disbursement. The Town will render to the Contractor a proper accounting of all funds disbursed under this paragraph. 14.5 Town's Right to Accept Portion of the Project 14.5.1 The Town reserves the right to accept and make use of any completed section of the Project without invalidating the Contract or obligating the Town to accept the remainder of the Project. 14.6 Substantial Completion 14.6.1 When the Contractor considers the entire work ready for its intended use and has obtained either a “Certificate of Occupancy” or a “Copy of the Final Inspection Approval Memo” from Building Inspections for required structures, the Contractor shall notify the Project Manager in writing that the entire Work is substantially complete (except for items specifically listed by Contractor as incomplete) and request that the Project Manager issue a Notice of Substantial Completion. Within a reasonable time, the Contractor, Project Manager and any other appropriate Town representatives shall make an inspection of the Work to determine the status of completion. If the Project Manager does not consider the Work substantially complete or the Contractor has not submitted either a “Certificate of Occupancy” or a “Copy of the Final Inspection Approval Memo” from Building Inspections to the Project Manager, the Project Manager will notify the Contractor in writing giving the reasons for denial of the Notice of Substantial Completion. If the Project Manager considers the Work substantially complete, the Project Manager will prepare and deliver to the contractor a Notice of Substantial Completion which shall fix the date of Substantial Completion. The Project Manager shall attach to the certificate a tentative list ("punch list") of items to be completed or corrected before Final Payment. The Town may, after five (5) days’ notice to the Contractor, complete the punch list items itself and charge the Contractor for all costs incurred therefor, together with the amount necessary to compensate the Town for its additional costs, time, and effort. The Town may deduct such amounts from any retainage, and the Contractor shall pay the Town any deficiency. Warranties required by the Contract shall commence on the date set in the Notice of Construction Acceptance for the Project, or the date set in the Notice of Page 134 Construction Contract General Conditions -- Page 37 of 40 Fall River Trail Extension (TAP & MMOF) Construction Acceptance for a designated portion of the Project, unless otherwise provided in the notice of Substantial Completion. 14.7 Construction Acceptance 14.7.1 When the Work specified in the Contract is completed and the final cleanup has been performed, the Contractor shall notify the Project Manager that all Work under the Contract has been completed and the Project Manager shall, within fourteen (14) calendar days of receipt of such notice, make the final inspection. If the Project Manager finds that the Project has been completed according to the requirements and conditions set forth in the Contract, the Town, upon the recommendation of the Project Manager, shall issue a Notice of Construction Acceptance. Notices of Construction Acceptance issued orally or without proper Town authorization are void. Town will not make the final payment under the Contract before it issues a Construction Acceptance. 14.8 Claims Against the Contractor: As provided by Colorado law, persons or businesses, including Subcontractors, who have not been promptly paid by the Contractor and who have provided materials, services and labor of any kind, or labor and material incidental to the completion of the Project, may file claims and the Town may withhold from the Contractor an amount sufficient to cover such claims. 14.9 Final Payment--Pursuant to Section 38-26-107, C.R.S., as Amended 14.9.1 The Town shall make a Final Settlement in accordance with Section 38-26-107, C.R.S., within sixty days after the Town issues the Notice of Construction Acceptance. 14.9.2 After the Notice of Construction Acceptance is issued by the Town, a Notice of Final Settlement shall be advertised at least twice, not less than ten (10) days before the date of Final Settlement, in a newspaper of general circulation in the county where the Work was done. If no claims are filed before the expiration of ten days from the date of the last publication of the Notice of Final Settlement, the Final Payment, including retainages, may be made. 14.9.3 If any Subcontractor or Supplier files a claim before the expiration of ten days from the date of the last publication of the Notice of Final Settlement, for Work done or material furnished that has not been paid for by the Contractor, the Town shall withhold from Final Payment to the Contractor sufficient funds to insure the payment of the claims. The funds shall not be withheld longer than ninety days from the date of Final Settlement unless a legal action is started within that time to enforce payment of the claims. 14.9.4 At the end of ninety days, or any time before, if the person filing the claim acknowledges receipt of payment for the claim, or otherwise releases the claim in writing, the Town shall pay the Contractor the monies not subject to suit or lis pendens notices. 14.9.5 Monies that are the subject of a suit will be withheld until a judgment is rendered in the suit. In the event the Town incurs any costs or legal fees related to the final settlement or payment Page 135 Construction Contract General Conditions -- Page 38 of 40 Fall River Trail Extension (TAP & MMOF) thereof, or litigation of claims, then all such costs, expenses, expert and attorney fees shall be withheld from the final payment due the Contractor by the Town and retained by he Town for reimbursement of same. Article 15--CONTRACT TERMINATION 15.1 Town's Right to Terminate Contract for Convenience 15.1.1 The Town shall, at any time, have the right to terminate the Contract, for convenience, upon giving written notice to the Contractor. The Contractor shall be entitled to the full amount of the approved estimate for the Work satisfactorily completed under the Contract up to the time of such termination, including the retained percentage. The Town shall reimburse the Contractor for such expenditures as, in the judgment of the Project Manager, are not otherwise compensated for, together with the cost of moving to and from the Project and a reasonable profit on the Work deleted by reason of the annulment of the Contract, in order that an equitable settlement is made with the Contractor. 15.2 Town's Right to Terminate Contract for Default 15.2.1 The Project Manager, with the approval of the Purchasing and Contracts Manager and acting on behalf of the Town, may serve notice upon the Contractor and its Surety of the intention to terminate the Contract if the performance of the Work set forth under the Contract is unnecessarily or unreasonably delayed by the Contractor, or if any of the provisions of the Contract are being violated by the Contractor or its Subcontractors. The Contract is terminated unless, in the opinion of the Project Manager, the Contractor corrects the violation within five days after the notice is served. In the event of such termination, the Project Manager, acting on behalf of the Town, shall immediately serve notice of the termination and the Surety's right to complete the Contract upon the Surety and the Contractor. The Surety shall have the right to take over and perform the Work called for in the Contract. The Surety is then bound by all the provisions of the Contract. If the Surety does not commence performance of the Work within ten days from the date of the notice, the Town may take over the Project and, without prejudice to any other remedies, complete the Project and the Contractor and its Surety are liable to the Town for any excess costs incurred by the Town. 15.3 Contractor's Right to Terminate Contract 15.3.1 The Contractor may terminate the Contract if the Work is stopped for a period of three months under any order of any court or other public authority through no act or fault of the Contractor or of anyone employed by it. The Contractor may suspend Work if Town fails to make payments at the times provided in the Contract and the Contractor has given the Town written notice seven days before suspending Work. The Contractor may terminate the Contract, at its option, if the Town continues to be in default thirty days after the date of the written notice. Failure by the Town to make payments at the times provided is a bar to any claim by the Town against the Contractor for delay in completion of the Project if the Contractor suspended Work for that reason. Page 136 Construction Contract General Conditions -- Page 39 of 40 Fall River Trail Extension (TAP & MMOF) If the Contractor terminates the Contract, it may recover the price of all Work done and materials provided and all damages sustained. Article 16--EQUAL OPPORTUNITY 16.1 General: During the performance of the Contract, the Contractor agrees as follows: 16.1.1 The Contractor shall not discriminate against any employee or applicant for employment because of race, color, age, disability, religion, sex, sexual orientation, gender identity or expression, national origin, or as otherwise prohibited by law. 16.1.2 The Contractor shall ensure that all Subcontractors shall not discriminate against any employee or applicant for employment because of race, color, age, disability, religion, sex, sexual orientation, gender identity or expression, national origin, or as otherwise prohibited by law. Article 17--AUDIT 17.1 Records and Reports 17.1.1 The Contractor shall keep and preserve full and detailed accounts relating to the Contract for a period of three years from the date of final payment under the Contract in which the Work is completed. 17.1.2 The Subcontractor shall keep and preserve full and detailed accounts relating to the Contract for a period of three years from the date of final payment under the subcontract. 17.2 Access 17.2.1 The Contractor shall permit the Town and the Town's accountants to have access as stated in Article 13.3 and to the records kept per Article 17.1 for the purpose of making such financial audits, or verifications as the Town deems necessary or appropriate concerning the Contractor's performance under the Contract. Article 18--MISCELLANEOUS 18.1 Reservation of Right to Bar Persons from the Work and Site: The Town reserves the right to bar any person, including employees of the Contractor and Subcontractors, from the Town's Work site. This shall not be treated as a request for the employee's termination but a request that the employee not be assigned to work on the Town Work site. No increase in contract time or price is authorized. 18.2 Provisions Construed as to Fair Meaning: The provisions of the Contract shall be construed as to their fair meaning, and not for or against any party based upon any attributes to such party of the source of the language in question. Page 137 Construction Contract General Conditions -- Page 40 of 40 Fall River Trail Extension (TAP & MMOF) 18.3 Headings for Convenience: All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of the Contract. 18.4 No Implied Representations: No representations, agreements, covenants, warranties, or certifications, express or implied, exist as between the parties, except as specifically set forth in the Contract. 18.5 Financial Obligations of Town: All financial obligations of the Town under the Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in the Contract shall be deemed a pledge of the Town's credit, or a payment guarantee by the Town to the Contractor. 18.6 Assignment/transference: The Contractor may not assign or transfer any interest in the Contract, including any money due or to become due, without the prior written consent of the Town. 18.7 Amendments: The parties shall only amend the Contract in writing with the proper official signatures and, if required elsewhere in this Contract, on the proper forms. 18.8 Waiver: No waiver of a breach or default under the Contract is a waiver of any other or subsequent breach or default. 18.9 Governing Law: The Contract is governed and to be construed according to the laws of the State of Colorado. Venue and jurisdiction for any court action filed regarding this agreement shall be in either Larimer County or the United States District Court for Colorado. 18.10 Binding Contract: The Contract is binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. 18.11 Federal-Aid Projects: If the Contract involves any federal government reimbursements, the Contractor and its subcontractors, must comply with federal regulations. If the Contractor fails to provide documentation and certifications as set forth on “Required Contract Provisions: Federal- Aid Construction Projects” (FHWA Form 1273), as included in the Contract Document, the Contractor shall be specifically liable for any damages, including loss of reimbursement, attributable to the Contractor’s failure to comply with the applicable regulations. 18.12 Immunity: No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq., and under any other applicable law. Page 138 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Special Conditions - Page 1 SPECIAL CONDITIONS 1.0 CONTRACTOR’S PROPOSED PROJECT SCHEDULE: Reference the Schedule of Activities in the Invitation to Bid. All dates are subject to change. 2.0 CONTRACT TIME Bidders should prepare their bids assuming a substantial completion date and final completion date as stated in the Schedule of Activities in the Invitation to Bid. The Contractor on this project shall commence work under this contract starting on the date stated in the Notice to Proceed. Work shall be substantially complete by the dates stated in the executed Contract. This date may be adjusted only by a request in writing and approved Change Order. 3.0 WORK PROHIBITED Work prohibited unless otherwise approved: Veteran’s Day Weekend (Friday November 11 – Sunday, November 13, 2022) Thanksgiving weekend (Wednesday, November 23 – Sunday, November 27, 2022) Christmas Eve and Christmas Day weekend (Friday, December 23 – Monday, December 26, 2022) New Year’s weekend (Friday, December 30, 2022 – Monday, January 2, 2023) Martin Luther King, Jr. Day weekend (Friday, January 13 – Monday, January 16, 2023) Rotary Duck Race Festival (Saturday, May 6, 2023) [If requested, work on this date may be allowed in areas away from the proximity of Fall River through downtown; Contractor shall schedule work accordingly.] Memorial Day weekend (Friday, May 26 – Monday, May 29, 2023) Juneteenth Day weekend (Friday, June 16 – Monday June 19, 2023 Independence Day weekend (Friday, June 30 – Tuesday, July 4, 2023) Labor Day weekend (Friday, September 1 – Monday, September 4, 2023) Veteran’s Day weekend (Friday, November 10 – Sunday, November 12, 2023) Thanksgiving weekend (Wednesday, November 22 – Sunday, November 26, 2023) 4.0 INSURANCE DOCUMENTATION The insurance documentation required by the General Conditions must be provided to the Town within 10 calendar days after receipt of the Notice of Award. 5.0 DRAWINGS AND SPECIFICATIONS All work performed on this project shall be guided by, and conform to, the Bidding Documents outlined in the Instructions for Bidders. Other applicable documents cross-referenced by the Bidding Documents include: CDOT Standard Specifications for Road and Bridge Construction 2022, CDOT M&S Standards 2019, CDOT Standard Special Provisions 2020, and the FHWA Manual on Uniform Traffic Control Devices (MUTCD). Page 139 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Special Conditions - Page 2 6.0 WORK ZONE REQUIREMENTS Construction work is permitted from 7:00 AM until 7:00 PM, Monday through Friday. Any work on weekends or Town holidays will require negotiation and approval from the Town’s Project Manager. Full road closures will not be permitted, as access to businesses and residences will need to be maintained throughout the project. 7.0 OTHER AREA CONSTRUCTION PROJECTS 7.1 There is currently a CDOT construction zone on US36, around Mile Post 8. There may be periods of short-term closures within that work zone involving brief full closures and extended periods of alternating one-way traffic that may create travel delays. Alternate routes include US34 and CO7. 7.2 The National Parks Service reconstruction of the Fall River Entrance Station to Rocky Mountain National Park is anticipated to coincide with this project. The entrance station reconstruction is expected to be complete by Memorial Day weekend 2023. 8.0 ACCESS Emergency access shall be provided at all times throughout the project limits. Access to all businesses and residences shall be provided at all times. Access coordination shall be made with the property and business owners to allow deliveries throughout the project for those businesses within the project limits and those outside the project limits impacted by the construction. 9.0 CONSTRUCTION TRAFFIC CONTROL The Contractor shall provide all traffic control plans for approval by the Project Manager at the Pre-Construction meeting and for any subsequent changes in traffic control. All construction signing shall be in conformance with MUTCD standards and will address all modes of travel (e.g., pedestrian, bicycle, vehicular). Flaggers shall possess a current CDOT Flagger's Card and carry it with them on the job at all times. Flaggers without proper training, including a current flagger's card, will be relieved of flagging duties and replaced with a properly trained flagger at no cost to the project. 10.0 MATERIAL TESTING If needed, Materials Testing shall be provided by the Town; Contractor shall coordinate on-site testing. 11.0 HEALTH AND SAFETY MEASURES RELATED TO COVID-19 Due to the current coronavirus pandemic and the several public health orders issued by the State of Colorado and Larimer County, it is essential that the Contractor and their subcontractors Page 140 Town of Estes Park Fall River Trail Extension (TAP & MMOF) Special Conditions - Page 3 include provisions in their project safety plans that address health and safety measures related to the COVID-19 pandemic. The Contractor shall comply with all applicable Local, County, State and Federal guidelines/requirements regarding COVID-19. 12.0 LIQUIDATED DAMAGES The value of Liquidated Damages is determined via the narrative and table in the CDOT Standard Specifications for Road and Bridge Construction 2022, Section 108.09. Based on the expected Contract Amount, the Liquidated Damages is anticipated to be $3,200.00 per calendar day. Page 141 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 1 TOWN OF ESTES PARK PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION: TAP M405-025 (23637) & MTF M405-026 (23950).: The 2022 Standard Specifications for Road and Bridge Construction controls construction of this project. The following special provisions supplement or modify the Standard Specifications and take precedence over the Standard Specifications and plans. PROJECT SPECIAL PROVISIONS Page Index Pages SP-1 Standard Special Provisions SP-2 Multiple Bid Schedules SP-3 Commencement and Completion of Work SP-4 Disadvantaged Business Enterprise (DBE) Contract Goal SP-5 Revision of Section 101 – Definitions and Terms SP-6 Revision of Section 102 – Project Plans and Other Data SP-7 Revision of Section 107 – Protection of Existing Vegetation SP-8 Revision of Section 107 – Legal Relations and Responsibility to the Public SP-9 – SP-10 Revision of Section 108 – Prosecution and Progress SP-11 Revision of Section 201 – Clearing and Grubbing SP-12 Revision of Section 202 – Removal and Trimming of Trees SP-13 – SP-14 Revision of Section 202 – Removal of Asphalt Mat SP-15 Revision of Section 217 – Herbicide Treatment SP-16 - SP-20 Revision of Section 240 – Protection of Migratory Birds - Biological Work Performed by The Contractor's Biologist SP-21 – SP-23 Revision of Section 403 – Hot Mix Asphalt SP-24 – SP-26 Revision of Section 504 – Retaining Wall (Rock) SP-27 – SP-29 Revision of Section 607 – Fence (Wood Post and Dowel) SP-30 Revision of Section 608 – Sidewalks and Bikeways SP-31 – SP-34 Revision of Section 608 – Detectable Warnings SP-35 Revision of Section 630 – Construction Zone Traffic Control SP-36 – SP-37 Force Account Items SP-38 Traffic Control Plan – General SP-39 – SP-41 Utilities SP-42 – SP-44 Page 142 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 2 STANDARD SPECIAL PROVISIONS No. Name Date of Pages Revision of Section 105 – Construction Drawings (October 1, 2021) 1 Revision of Section 105 – Control of Work (October 26, 2021) 1 Revision of Section 106 – Buy America Requirements (October 1, 2021) 1 Revision of Section 106 – Conformity to the Contract of Hot Mix Asphalt (October 1, 2021) 3 (Less than 5,000 Tons) Revision of Section 109 – Asphalt Cement Cost Adjustment (October 1, 2021) 3 (Asphalt Cement Included in the Work) Revision of Section 109 – Prompt Payment (Local Agency) (October 1, 2021) 2 Revision of Section 207 – Topsoil (October 1, 2021) 6 Revision of Section 212 – Soil Amendments, Seeding, and Sodding (October 1, 2021) 18 Revision of Sections 504 & 641 - Walls (Nov. 2, 2021) 27 Revision of Section 601 – Structural Concrete (October 1, 2021) 1 Revision of Section 601 – Concrete Mix Designs (October 1, 2021) 1 Revision of Section 703 - Aggregate (Nov. 2, 2021) 9 Affirmative Action Requirements Equal Employment Opportunity (October 1, 2021) 11 Certified Payroll Requirements for Construction Contracts (October 1, 2021) 1 Disadvantaged Business Enterprise (DBE) Requirements (Local Agency) (October 1, 2021) 9 Minimum Wages, Colorado, (February 25, 2022) 8 U.S. Department of Labor General Decision Number CO20220014 MOD 1, Highway Construction for Larimer, Mesa, and Weld counties. Project First Program (October 1, 2021) 2 Required Contract Provisions – Federal-Aid Construction Contracts (June 18, 2021) 14 Special Construction Requirements, Fire Protection Plan (October 1, 2021) 2 Page 143 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 3 MULTIPLE BID SCHEDULES There are 2 separate bid schedules for this project. The Bidder shall submit a bid for each schedule. The schedules for this project are as follows: Schedule 1: Project Segment Station Length (Miles) Project Segment A STA 13+04.95 – STA 35+40.00 0.4233 Total 0.4233 Schedule 2: Project Segment Station Length (Miles) Project Segment A STA 13+04.95 – STA 35+40.00 0.4233 Project Segment B STA 35+40.00 – STA 40+20.00 0.0909 Total 0.5142 The Bidder’s proposal shall specify a unit bid price for each pay item in all bid schedules. Failure to include unit bid prices for each bid item in all bid schedules shall be cause for rejection of the Bidder’s proposal. If a bidder does not bid on all schedules, their bids will be rejected and set aside. The bid opening process will be as follows: (1)The maximum acceptable bid for the project will be announced immediately prior to the bid opening. (2)The total bid for Schedule 1 will be read for each bidder. (3)If none of the bids for Schedule 2 is at or below the maximum acceptable bid, the bids for Schedule 2 will not be read, and the apparent low bidder for Schedule 1 will be announced. (4)If one or more of the bids for Schedule 2 is at or under the maximum acceptable bid, the total bid for Schedule 2 will be read for each bidder. (5)After all Schedule 2 bids have been read the apparent low bidder for Schedule 2 will be announced. The Department will award the Contract to the lowest responsible bidder of the largest bid schedule that results in a low bid at or less than the maximum acceptable bid. If none of the schedules result in a low bid at or less than the maximum acceptable bid, the Department will award the Contract to the lowest responsible bidder on Schedule 1 provided that it results in a total project cost less than 110 percent of the Project Budget. If the low bid for Schedule 1 does not result in a total cost under 110 percent of the Project Budget, the Department may supplement the Project Budget in order to award the Schedule 1 project. The possibility of having different low bidders on different schedules is recognized. In accordance with 24-109-102 CRS, protests, if any, must be submitted in writing within seven working days after contract award. Pursuant to 24-109-104 CRS, if a protest is sustained and the protesting bidder should have been awarded the contract and was not, the protestor shall be entitled to recover only the reasonable costs incurred in connection with the solicitation, including bid preparation costs. Reasonable costs shall not include attorney fees. The protestor shall not be entitled to recover any other costs. Page 144 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 4 COMMENCEMENT AND COMPLETION OF WORK The Contractor shall commence work under the Contract on or before the 15th day following Contract execution or the 30th day following the date of award, whichever comes later, unless such time for beginning the work is changed by the Project Engineer in the "Notice to Proceed." The Contractor shall complete all work within 170 working days in accordance with the notice to proceed. Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor's progress schedule may be a Bar Chart Schedule. Salient features to be shown on the Contractor's progress schedule are: 1.Notice to Proceed 2.Mobilization 3.Erosion Control 4.Installation of Traffic Control Devices 5.Utility Potholing and Coordination 6.Clearing and Grubbing 7.Drainage Structures 8.Concrete Retaining Wall (Wall 1) 9.Rock Retaining Walls 10.Concrete Flatwork 11.Fencing and Railings 12.Site Restoration, and Cleanup Page 145 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 5 DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT GOAL This is a federally assisted construction project. As described in the CDOT DBE Standard Special Provision, the Bidder shall make good faith efforts to meet the following contract goal: 12.5 Percent DBE participation. Page 146 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 6 REVISION OF SECTION 101 DEFINITIONS AND TERMS Section 101 of the Standard Specifications is hereby revised for this project as follows: Technical Specifications related to construction materials and methods for the work embraced under this Contract shall consist of the Colorado Department of Transportation, Standard Specifications for Road and Bridge Construction, dated 2021. Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different meanings within the scope of the Contract. A summary of redefinitions follows: CDOT Resident Engineer shall be defined as the Town’s Professional Engineer that is in responsible charge of the Project Department. Town of Estes Park Public Works Department. Engineer. The Town Engineering Manager acting directly or through an authorized representative, who is responsible for engineering and administrative supervision of the project. The Engineering Manager shall also be defined as the Town Engineer. Preconstruction Conference. A meeting of Town project personnel, Contractor project personnel and other stakeholders held prior to the beginning of construction at which topics pertinent to the successful prosecution of the work are discussed. Project Engineer. The Town of Estes Park’s Project Manager directly responsible for the overall administration of assigned construction projects. The Project Engineer shall also be defined as the Project Manager. State. The State of Colorado or the Town of Estes Park acting through its duly authorized representative. Page 147 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 7 REVISION OF SECTION 102 PROJECT PLANS AND OTHER DATA Section 102 of the Standard Specifications is hereby revised for this project as follows: Subsection 102.05 shall include the following: The Bid Documents will be available for review at the Public Works Department of the Town of Estes Park, (Owner) at, 170 MacGregor Avenue, Estes Park, CO 80517, until the date set for opening of bids: Bid Documents may be obtained from Rocky Mountain E-Purchasing (BidNet) in PDF format and upon request if assistance is needed. The Town will maintain a Plan holder's List. Documents listed in the Appendices of the Table of Contents will be available for review in the offices of the Town of Estes Park, (Owner) at 170 MacGregor Avenue, Estes Park, CO. After the bids have been opened, the most responsive and responsible low bidder may obtain from the Town in digital format, if available for the project, one set of cross sections, one set of major structure plan sheets, and one set of computer output data. Hardcopy sets of plans and other available data may be purchased on a cash sale basis from the Town of Estes Park at current reproduction prices. Subcontractors and suppliers may obtain electronic or hardcopy plans and other data from the successful bidder. Page 148 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 8 REVISION OF SECTION 107 PROTECTION OF EXISTING VEGETATION Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.12 shall include the following: The Contractor shall save all existing vegetation (including trees, shrubs, ground covers, grasses, wetlands & riparian) in this area, except for that vegetation, which must be removed to accommodate construction of the project, per the plans. Specific areas of vegetation to be protected shall be as directed by the Project Engineer or Town’s Parks Division Supervisor and shall be protected by using orange construction fencing, wire fencing with metal posts or silt fence. Fencing for trees shall be installed at the drip line of the tree or as approved by the Engineer. Equipment shall not be installed or stockpile material within 15 feet of existing trees to remain. The Contractor shall perform all the work in such a manner that the least environmental damage will result. All questionable areas or items shall be brought to the attention of the Project Engineer for approval prior to removal or any damaging activity. The Contractor shall promptly report any vegetation damaged or scarred during construction to the Project Engineer for assessment of damages. Damaged or destroyed fenced vegetation, shall be replaced at the expense of the Contractor. Vegetation of replaceable size shall be replaced at the Contractor's expense. When trees, shrubs beyond replaceable size or wetlands have been damaged or destroyed, the Contractor shall be liable for the appraised value based upon the official current publications. For trees and shrubs use the International Society of Arboriculture, Guide for Plant Appraisals. The Contractor shall pay any fines or jail time should a wetland be damaged, at no cost to the project. The value of disturbed vegetation shall be calculated according to the following formula: (Vegetation size) x (Species) x (Location) x (Condition) x (Arborist or Wetland Specialist) = Vegetation value A consulting Arborist retained by the Public Works Department will determine the value of the trees and shrubs. A consulting Wetland Specialist shall determine the value of the wetland or wetland species. This value will be deducted from any money due to the Contractor. The determination as to whether a plant is of replacement size or beyond will be made by the Town’s Parks Division Supervisor, employee, or consultant. If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is repaired to the Project Engineer’s satisfaction at the Contractor's expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges but will be charged as contract time. Page 149 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 9 REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Section 107 of the Standard Specifications is hereby revised for this project as follows: Subsection 107.02 shall include the following: Permits that the Contractor shall obtain or hold for this project include: (a)A CDPHE Construction Dewatering Permit, (CDW) may be required for this project. It is the responsibility of the Contractor to determine if the permit is needed; to apply for, acquire, pay for and implement this permit. (b)A CDPHE Colorado Discharge Permit System Stormwater Construction Permit (CDPS-SCP) will be required for this project. It is the responsibility of the Contractor to apply for, acquire, pay for and implement this permit. (c)Construction Site Management Plan: The Contractor shall prepare and submit for approval at least (7) days in advance of the beginning of construction a Construction Site Management Plan, (CSMP). The Construction Site Management Plan (CSMP) shall incorporate elements of the Storm Water Management Plan (SWMP). A listing of the requirements for a CSMP is as follows; (1)Erosion and Sedimentation Control Plan: a.Include Stormwater Management Plan and SWMP Construction Plan sheets. b.Supplement as necessary. (2)Site Construction Facilities (Identify the following): a.Staging areas b.Storage areas c.Stockpile areas d.Dumpsters and trash receptacles e.Sanitary facilities f.Loading areas g.Trailers and field offices (show access) (3)Parking a.Location and number of onsite and any offsite parking spaces Plans shall be phased and updated as the project evolves, and site conditions change. A current copy of the CSMP must be on file with the Town's Project Engineer and at the job site. The Contractor is responsible for all fees and implementation costs for the above-listed permits unless specifically stated otherwise. There will be no separate measurement and payment for this work and the costs will be considered as subsidiary to other items of work. Additional Permits that the Contractor must abide by for this project include: (a) Town of Estes Park Right of Way (ROW) Permit Page 150 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 10 -2- REVISION OF SECTION 107 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Subsection 107.11 shall include the following: Explosives: Blasting is not allowed on this project. Staging and Storage Area: The contractor will coordinate with the Town Project Engineer and any private properties owners if additional staging area(s) are to be utilized. The proposed staging and storage must be indicated on the Construction Site Management Plan. The staging areas will be restored at the end of use to pre-existing conditions. Prior to beginning work, the Contractor shall take photos or videos for documentation of existing conditions for all areas that will be part of the Contractor’s operations area. The Contractor shall provide these photos or videos to the Town prior to commencing work. Subsection 107.23 shall include the following: Habitat Protection: No threatened or endangered species listed for Larimer County shall be impacted by this project. Due to the project’s proximity to Fall River, care must be taken to minimize impacts to wetlands, riparian vegetation, and drainages. Best management practices must also be followed when working in and around these areas in order to prevent toxic run-off, erosion, and siltation. The Contractor shall abide by all requirements of the Migratory Bird Treaty Act of 1918. Subsection 107.24 shall include the following: Dust Control: No separate payment will be made for dust control. Its cost shall be considered incidental to the Project. Unless pre-approved by the Project Engineer, water shall be the only dust palliative material allowed. Page 151 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 11 REVISION OF SECTION 108 PROSECUTION AND PROGRESS Section 108 of the Standard Specifications is hereby revised for this project as follows: Subsection 108.03 shall include the following: The Contractor shall present a Critical Path Method (CPM) schedule to the Town of Estes Park at the preconstruction conference. The CPM schedule shall be updated when the project’s critical path is impacted. This schedule shall show the major features of each phase of the project for the entire project time frame. Subsection 108.05 shall include the following: The contractor shall schedule all work between 7:00 A.M. and 7:00 P.M (local time) Monday through Friday. Night and weekend work will be allowed only with the prior written authorization of the Project Engineer. The Contractor may make emergency repairs to provide protection of the work and traveling public at any time. All on-roadway work or work that indirectly or directly interferes with the flow of traffic (vehicle, pedestrian, and bicycle) shall be in accordance with an approved Traffic Control Plan. Meetings will be required to review progress and to plan upcoming activities. Representatives from the Contractor and active subcontractors shall attend the meetings. Such meetings will be required on a weekly basis at a time to be determined by the Town of Estes Park and the Contractor. Additional meetings will be held when required by the Town of Estes Park or the Contractor. Weekly progress meetings will be held on the job site as required. Typical agenda: 1.Review progress of the work since last meeting. Contractor shall provide a schedule with a 1 week look back and a 2 week look ahead. 2.Review of submittals, RFIs, change orders, and testing results. 3.Identify problems which impede planned progress. 4.Develop corrective measures and procedures to regain planned schedule. 5.Complete other current business. 6.Discuss progress anticipated until the next scheduled meeting. The Contractor shall submit at the weekly progress meeting a schedule or written statement of planned work activities and anticipated inspection and testing requirements of the past week and the upcoming two weeks. A 24-hour notice shall be provided to the Town of Estes Park by the Contractor if the Contractor elects to change the planned work activities. No separate measurement for payment will be made for the Work under this section. Its cost shall be considered incidental to the Project. Page 152 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 12 REVISION OF SECTION 201 CLEARING AND GRUBBING Section 201 of the Standard Specifications is hereby revised for this project as follows: Subsection 201.01 shall include the following: Clearing and grubbing includes the removal and disposal of the miscellaneous debris within the project limits to include: all tree stumps including root system, regardless of size, shrubs, plant materials, miscellaneous landscaping materials, sod, channel protection rock and concrete, irrigation lines, irrigation hand holes, sprinkler heads, and other materials within the work area not otherwise listed as a pay item. This work also includes the preservation from injury or defacement of all vegetation and objects designated to remain. The Contractor, Project Engineer, and Town’s Parks Division Supervisor shall establish environmental limits during walk through. No trees, tree branches, shrubs, plants, grasses, and other vegetation shall be removed until marked and approved by the Project Engineer. Subsection 201.03 shall include the following: Branches of trees extending into the trailbed shall be trimmed to provide clear height of 10 feet above the trailbed surface. The trailbed surface shall extend to the outside edge of the trail shoulders as shown in the plans. Subsection 201.04 shall include Pay Item Pay Unit Clearing and Grubbing LS Unless specified elsewhere, the removal of branches, trunks, stumps, shrubs, plant materials miscellaneous landscaping materials, irrigation system, and sod will not be paid for separately but shall be included in the work. Chipping, hauling, and disposal of removed material will not be paid for separately but shall be included in the work. Page 153 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 13 REVISION OF SECTION 202 REMOVAL AND TRIMMING OF TREES Section 202 of the Standard Specifications is hereby revised for this project as follows: Subsection 202.02 shall include the following: This work includes the removal and the trimming of trees as directed by the Project Engineer. This work includes the preservation from injury or defacement of all vegetation and objects designated to remain. The Project Engineer will establish environmental limits. All trees, tree branches, shrubs, plants, grasses, and other vegetative materials shall remain, except as designated by the Project Engineer. Prior to beginning any construction, removal, trimming, and pruning of encroaching vegetation (as determined by the Project Engineer) shall be completed. Once all directed clearing, trimming, and pruning is completed and accepted, no additional clearing, trimming, cutting, or pruning will be allowed unless approved, in writing, by the Project Engineer. After completion of the concrete flatwork, the required 10’ vertical clearance above the trailbed shall be verified. Additional tree trimming should be performed as needed, as approved by the Project Engineer. Access for the removal or pruning of trees will be extremely limited. Trees shall be felled at the risk of the Contractor. Strict limits of disturbance will be defined and shall be adhered to. Branches on trees or shrubs shall be removed as directed by the Project Engineer. All trimming shall be done by skilled workers. All work shall be done according to the following requirements: (1)Pruning shall be done with proper, sharp, clean tools in such a manner as to preserve the natural character of the tree. (2)All final cuts shall leave no projections on or off the branch and shall not be cut so close as to eliminate the branch collar. (3)To avoid bark stripping, all branches 2 inches in diameter and larger shall be cut using the 3-cut method. These branches shall be lowered to the ground by proper ropes. (4)Tools used on trees known or found to be diseased, shall be disinfected with alcohol before they are used on other trees. (5)Structural weaknesses, decayed trunk or branches, or split crotches shall be reported to the Engineer. (6)When cutting back or topping trees, the worker shall use the drop-crotch method and avoid cutting back to small suckers. Smaller limbs and twigs shall be removed in such a manner so as to leave the foliage pattern evenly distributed. (7)When reducing size (cut back or topping) not more than one-third of the total area shall be reduced at a single operation. Page 154 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 14 -2- REVISION OF SECTION 202 REMOVAL AND TRIMMING OF TREES (8)Climbing spikes shall not be used on trees not scheduled for removal. All brush, branches, limbs, and foliage smaller than 3 inches in diameter shall be chipped into mulch and stockpiled at a designated site. The trunks and limbs 3 inches and larger shall be cut into less than 6-foot lengths and hauled to a designated site. Stumps shall be removed by the contractor when within the areas to be excavated. When trees being cut off are outside the excavation limits, the stumps shall be cut so that no more than 3 inches remains above the ground surface. Stump grinding is not required in any circumstances. Subsection 202.12 shall include the following: All clearing and grubbing directed by the Project Engineer will be paid for by the acre under the clearing and grubbing item. Tree trimming and removal of trees smaller than 6 inch will be included in the cost of clearing and grubbing. Removal of Trees will be paid for separately under section 202-00010: Pay Item Pay Unit Removal of Tree (6 inch – 16 Inch) Each Removal of Tree (Greater than 16 Inch) Each Multiple tree trunks from a common stump shall be considered one tree. Stump removal is included in the cost of item 202 – Removal of Tree. Tree size shall be measured at 4.5’ above ground on the tree’s uphill side. Page 155 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 15 REVISION OF SECTION 202 REMOVAL OF ASPHALT MAT Section 202 of the Standard Specifications is hereby revised for this project as follows: In subsection 202.02 delete the seventh paragraph and replace with the following: The existing asphalt mat, which varies in thickness, shall be removed in a manner that minimizes contamination of the removed mat with underlying material. The removed mat shall remain the property of the Town and shall be hauled to the Town of Estes Park materials storage yard at 640 Elm Road: Subsection 202.11 shall include the following: The removal of the existing asphalt mat will be measured by the area, in square yards, completed to the required depth and accepted. Subsection 202.12 shall include the following: Payment will be made under: Pay Item Pay Unit Removal of Asphalt Mat Square Yard Page 156 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 16 REVISION OF SECTION 217 HERBICIDE TREATMENT Section 217 of the Standard Specifications is hereby revised for the project as follows: Delete Subsection 217.01 and replace with the following: All areas to be disturbed within the project area, regardless of final disposition, shall be treated with herbicide before disturbance. After seeding and near the end of the project, if noxious weed species persist, seeded areas shall receive an additional application of herbicide. All applications shall target observed species as recommended in the in the Noxious Weed Management Plan attached and as provided in the Environmental Assessment as summarized in the following table: (a)Noxiou s Weed (b)Plant Growth Characteristics /Construction Notes (c)Approxi mate Location Priority for Control (Suppression/ Eradication) Recommended Treatments Kochia (Kochia scoparia) Annual forb that spreads by seed in disturbed areas. Large stand on the south side of the SH 58 ROW and in scattered mixes with other noxious weeds. Suppression by eliminating the seed source and seed bank and providing adequate revegetation. Herbicide and Mechanical Control: Treat seedlings in spring with dicamba, glyphosate or metsulfuron + dicamba in combination with mechanical control. Cultural Control: Reseed with native seed mix. Cheatgrass (Bromus tectorum) Prolific seed producing winter annual; becomes a fire hazard upon maturity. Seeds easily transported by construction equipment. In the large Kochia stand on the south side of the SH 58 ROW and in scattered mixes with other noxious weeds. Suppression by eliminating the seed source and seed bank and providing adequate revegetation. Herbicide and Mechanical Control: Treat seedlings in spring with glyphosate in combination with mechanical control. Fall applied herbicides after seeds begin to germinate. Fall herbicides include sulfometuron methyl and metribuzin. Cultural Control: Reseed with native seed mix in fall to compete with grass in spring. Diffuse knapweed (Acosta diffusa) Spreads by roots and is deep rooted. In the large Kochia stand on the south side of the SH 58 ROW and in scattered Suppression by eliminating the seed source and pulling by Herbicide and Mechanical Control: Mechanically treat by mowing or pulling combined with herbicide (clopyralid, dicamba, 2,4-D, glyphosphate or a Page 157 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 17 (a)Noxiou s Weed (b)Plant Growth Characteristics /Construction Notes (c)Approxi mate Location Priority for Control (Suppression/ Eradication) Recommended Treatments mixes with other noxious weeds. eliminating the roots. combination of two or more). Mowing should be in spring before seed sets followed by a fall herbicide. Pulling shall be 3 times annually, first in spring, when the soil is moist, second in June focusing on bolted plants and third before seed dispersal. Cultural Control: Reseed with native seed mix. Spotted knapweed (Acosta maculosa) Short lived perennial forb with a stout taproot. Highly competitive. In the large Kochia stand on the south side of the SH 58 ROW and in scattered mixes with other noxious weeds. Suppression by eliminating the seed source and pulling by eliminating the roots. Herbicide and Mechanical Control: Mechanically treat by mowing or pulling combined with herbicide (dicamba, 2,4-D, glyphosphate or a combination of two or more). Mowing should be in spring before seed sets followed by a fall herbicide. Pulling shall be 3 times annually, first in spring, when the soil is moist, second in June focusing on bolted plants and third before seed dispersal. Herbicide shall be before the plant sets seeds. Cultural Control: Reseed with native seed mix. Russian knapweed (Acroptilon repens) Short lived perennial forb with a stout taproot. Highly competitive. In the large Kochia stand on the south side of the SH 58 ROW and in scattered mixes with other noxious weeds. Suppression by eliminating the seed source and pulling by eliminating the roots. Herbicide and Mechanical Control: Mechanically treat by mowing or pulling combined with herbicide (dicamba, 2,4-D, glyphosphate or a combination of two or more). Mowing should be in spring before seed sets followed by a fall herbicide. Page 158 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 18 (a)Noxiou s Weed (b)Plant Growth Characteristics /Construction Notes (c)Approxi mate Location Priority for Control (Suppression/ Eradication) Recommended Treatments Pulling shall be 3 times annually, first in spring, when the soil is moist, second in June focusing on bolted plants and third before seed dispersal. Herbicide shall be before the plant sets seeds. Cultural Control: Reseed with native seed mix. Common shepherd’s purse (Capsella bursa-pastoris) In the Kochia forb mix scattered throughout the project. Canada thistle (Cirsium arvense) Aggressive rhizomatous perennial of moist/wet sites; seeds and plant parts easily transported by construction equipment. In the Kochia forb mix scattered throughout the project. Suppression by eliminating the seed source and seed bank and providing adequate revegetation. Herbicide and Mechanical Control: Treat seedlings in late spring when in the bud stage with Glyphosate, clopyralid, 2 4-D (or a combination of the two) in combination with monthly mowing. Cultural Control: Reseed with native seed mix. Field bindweed (Convolvulus arvensis) Long-lived perennial: Construction could increase the plants abundance due to its ability to spread rapidly on disturbed sites and to grow from root fragments. Scattered throughout the project area. Suppression Herbicide Control: Glyphosate, picloram, dicamba, or 2,4-D during the growing season. Mechanical Control: Continuous mowing in combination with herbicides can stress the plant and exhaust the root system. Cultural Control: Reseed with native seed mix. Houndstongue (Cynoglossum officinalis) Short lived perennial forb Suppression by eliminating the seed source and seed bank and providing Herbicide and Mechanical Control: Treat first year plants in spring when in the bud stage with 2 4-D, dicamba or metsulfuron in combination with monthly Page 159 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 19 (a)Noxiou s Weed (b)Plant Growth Characteristics /Construction Notes (c)Approxi mate Location Priority for Control (Suppression/ Eradication) Recommended Treatments adequate revegetation. mowing. Adult plants shall be mowed during flowering and before seed maturation. Cultural Control: Reseed with native seed mix. Common teasel (Dipsacus sylvestris) Biennial perennial forb spreads by seeds Scattered throughout the project area. Suppression by eliminating the seed source and seed bank and providing adequate revegetation. Herbicide and Mechanical Control: Treat by mowing or cutting and bagging the heads to prevent seeds from falling to the ground. Or apply herbicides (metsulfuron or dicamba) Cultural Control: Reseed with native seed mix. Bouncing bet (Saponaria officinalis) Perennial herbaceous form that reproduces by seed or rhizome. Scattered throughout the project area. Minimize the disturbance of the root system and prevent seed production. Herbicide and Mechanical Control: Treat seedlings in spring with picloram, dicamba or glyphosphate) in combination with mechanical control. Cultural Control: Reseed with native seed mix. Russian olive (Elaeagnus angustifolia) Deciduous tree with a deep tap root. In the Kochia forb mix scattered throughout the project. Scattered throughout the project area. Eradication by cutting the trees down and treating the cut stems to control the roots. Herbicide and Mechanical Control: Cut the trunks and apply herbicide applications of 2,4-D to cut trunks or cut stems. Treat seedlings in spring with picloram, dicamba or glyphosphate) in combination with mechanical control. Cultural Control: Replant with native cottonwoods or willows with native grasses. Saltcedar (Tamarix ramosissima) Aggressive woody shrub of riparian and wetland habitats Along Clear Creek near the study area. eradication Cut-stump method followed by applying the appropriate chemical treatment to the stump cut. Remove and dispose of all above ground woody and herbaceous plant parts. Re-seed or re- Page 160 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 20 (a)Noxiou s Weed (b)Plant Growth Characteristics /Construction Notes (c)Approxi mate Location Priority for Control (Suppression/ Eradication) Recommended Treatments plant with native shrubs or trees. Flixweed (Descurainia Sophia) Annual forb; spreads only by seeds. Construction could increase the spread if disturbed areas are left un-vegetated. In the Kochia forb mix scattered throughout the project. Herbicide Control: Spring applications are most effective when applied during the seedling stage using 2,4-D, metsulfuron methyl or chlorsulfuron. Mechanical Control: Remove rosettes during clearing and grubbing. Cultural Control: Reseed with native seed mix. Dicamba may injure woody plants. Glyphosate may be used in riparian areas 2,4-D and Transline should not be used in riparian areas or need water. Picloram is persistent in the soil and should not be used in areas to be re-seeded. Delete the last paragraph in Subsection 217.03, “Herbicides shall not be…” Mechanical control shall be included in the cost of Clearing and Grubbing. Seeding shall be included in the cost of 212 Seeding (Native). Pay Item Pay Unit Herbicide Treatment Hour Page 161 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 21 SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST Section 240 is hereby added to the Standard Specifications for this project as follows: DESCRIPTION 240.01 This work consists of protecting migratory birds during construction. MATERIALS AND CONSTRUCTION REQUIREMENTS 240.02 The Contractor shall schedule clearing and grubbing operations and work on structures to avoid taking (pursue, hunt, take, capture or kill; attempt to take, capture, kill or possess) migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall retain a qualified wildlife biologist for this project. The wildlife biologist shall have a minimum of three years of experience conducting migratory bird surveys and implementing the requirements of the MBTA. The Contractor shall submit documentation of the biologist's education and experience to the Engineer for acceptance. A biologist with less experience may be used by the Contractor subject to the approval of the Engineer based on review of the biologist's qualifications. The wildlife biologist shall record the location of each protected nest, bird species, the protection method used, and the date installed. A copy of these records shall be submitted to the Engineer. (a)Vegetation Removal. When possible, vegetation shall be cleared prior to the time when active nests are present. Vegetation removal activities shall be timed to avoid the migratory bird breeding season which begins on April 1 and runs to August 31. All areas scheduled for clearing and grubbing between April 1 and August 31 shall first be surveyed within the work limits for active migratory bird nests. The Contractor's wildlife biologist shall also survey for active migratory bird nests within 50 feet outside work limits. Contractor personnel shall enter areas outside CDOT right of way only if a written, signed document granting permission to enter the property has been obtained from the property owner. The Contractor shall document all denials of permission to enter property.The Contractor shall avoid all active migratory bird nests. The Contractor shall avoid the area within 50 feet of the active nests or the area within the distance recommended by the biologist until all nests within that area have become inactive. Inactive nest removal and other necessary measures shall be incorporated into the work as follows: 1.Tree and Shrub Removal or Trimming. Tree and shrub removal or trimming shall occur before April 1 or after August 31 if possible. If tree and shrub removal or trimming will occur between April 1 and August 31, a survey for active nests shall be conducted by the wildlife biologist within the seven days immediately prior to the beginning of work in each area of tree and shrub removal or trimming. The survey shall be conducted for each phase of tree and shrub removal or trimming. If an active nest containing eggs or young birds is found, the tree or shrub containing the active nest shall remain undisturbed and protected until the nest becomes inactive. The nest shall be protected by placing fence (plastic) a minimum distance of 50 feet from each nest to be undisturbed. This buffer dimension may be changed if determined appropriate by the wildlife biologist and approved by the Engineer. Work shall not proceed within the fenced buffer area until the young have fledged, or the nests have become inactive. If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor’s expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges but will be charged as contract time. Page 162 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 22 -2- SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST 2.Grasses and Other Vegetation Management. Due to the potential for encountering ground nesting birds’ habitat, if work occurs between April 1 and August 31, the area shall be surveyed by a wildlife biologist within the seven days immediately prior to ground disturbing activities. The undisturbed ground cover to 50 feet beyond the planned disturbance, or to the right of way line, whichever is less, shall be maintained at a height of 6 inches or less beginning April 1 and continuing until August 31 or until the end of ground disturbance work, whichever comes first. If birds establish a nest within the survey area, an appropriate buffer of 50 feet will be established around the nest by the CDOT biologist. This buffer dimension may be changed if determined appropriate by the CDOT biologist and approved by the Engineer. The Contractor shall install fence (plastic) at the perimeter of the buffer. Work shall not proceed within the buffer until the young have fledged or the nests have become inactive. If the fence is knocked down or destroyed by the Contractor, the Engineer will suspend the work, wholly or in part, until the fence is satisfactorily repaired at the Contractor’s expense. Time lost due to such suspension will not be considered a basis for adjustment of time charges but will be charged as contract time. (b)Work on structures. The Contractor shall prosecute work on structures in a manner that does not result in a taking of migratory birds protected by the Migratory Bird Treaty Act (MBTA). The Contractor shall not prosecute the work on structures during the primary breeding season, April 1 through August 31, unless he takes the following actions: (1)The Contractor shall remove existing nests prior to April 1. If the Contract is not awarded prior to April 1 and CDOT has removed existing nests,then the monitoring of nest building shall become the Contractor’s responsibility upon Notice to Proceed. (2)During the time that the birds are trying to build or occupy their nests, between April 1 and August 31, the Contractor shall monitor the structures at least once every three days for any nesting activity. (3)If the birds have started to build any nests, they shall be removed before the nest is completed. Water shall not be used to remove the nests if nests are located within 50 feet of any surface waters. (4)Installation of netting may be used to prevent nest building. The netting shall be monitored and repaired or replaced as needed. Netting shall consist of a mesh with openings that are ¾ inch by ¾ inch or less. If an active nest become established, i.e., there are eggs or young in the nest, all work that could result in abandonment or destruction of the nest shall be avoided until the young have fledged or the nest is unoccupied as determined by the wildlife biologist and approved by the Engineer. The Contractor shall prevent construction activity from displacing birds after they have laid their eggs and before the young have fledged. If the project continues into the following spring, this cycle shall be repeated. When work on the structure is complete, the Contractor shall remove and properly dispose of netting used on the structure. (c)Taking of a Migratory Bird. The taking of a migratory bird shall be reported to the Engineer. The Contractor shall be responsible for all penalties levied by the U. S. Fish and Wildlife Service (USFWS) for the taking of a migratory bird. Page 163 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 23 -3- SECTION 240 PROTECTION OF MIGRATORY BIRDS BIOLOGICAL WORK PERFORMED BY THE CONTRACTOR'S BIOLOGIST METHOD OF MEASUREMENT 240.03 Wildlife Biologist will be measured by the actual authorized number of hours a wildlife biologist is on site performing the required tasks. Removal of nests will be measured by the actual number of man-hours spent removing inactive nests just prior to and during the breeding season, April 1 through August 31. During this period, the Contractor shall submit to the Engineer each week for approval a list of the workers who removed nests and the number of hours each one spent removing nests. Netting will be measured by the square yard of material placed to keep birds from nesting on the structure. Square yards will be calculated using the length of netting measured where it is attached to the ground and the average height of the netting where it is attached to the structure. BASIS OF PAYMENT 240.04 The accepted quantities measured as provided above will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Payment will be made under: Pay Item Pay Unit Wildlife Biologist Hour Removal of Nests Hour Netting Square Yard Payment for Wildlife Biologist will be full compensation for all work and materials required to complete the item, including wildlife biologist, wildlife survey, and documentation (record of nest location and protection method) Payment for Removal of Nests will be full compensation for all work and material required to complete the work. Payment for netting will be full compensation for all work and material required to complete the item. Overlaps of netting will not be measured and paid for separately but shall be included in the work. Maintenance and replacement, removal, and disposal of netting will not be measured and paid for separately but shall be included in the work. Clearing and grubbing will be measured and paid for in accordance with Section 201. Mowing will not be measured and paid for separately but shall be included in the work. Removal and trimming of trees will be measured and paid for in accordance with Section 202. Fence (Plastic) will be measured and paid for in accordance with Section 607 Page 164 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 24 REVISION OF SECTION 403 HOT MIX ASPHALT Section 403 of the Standard Specifications is hereby revised for this project as follows: Subsection 403.02 shall include the following: The design mix for hot mix asphalt shall conform to the following: Table 403-1 Property Test Method Value For Grading (Gr S) (75) Patching Air Voids, percent at: N (design) CPL 5115 3.5 –4.5 Lab Compaction (Revolutions): N (design)CPL 5115 75 Stability, minimum CPL 5106 30 Aggregate Retained on the 4.75 mm (No. 4) Sieve for S, SX and SG, and on the 2.36mm (No. 8) Sieve for ST and SF with at least 2 Mechanically Induced fractured faces, % minimum* CP 45 60 Accelerated Moisture Susceptibility Tensile Strength Ratio (Lottman), minimum CPL 5109 Method B 80 Minimum Dry Split Tensile Strength, kPa (psi) CPL 5109 Method B 205 (30) Grade of Asphalt Cement, Top Layer PG 64-28 Grade of Asphalt Cement, Layers below Top PG 64-28 Voids in the Mineral Aggregate (VMA) % minimum CP 48 See Table 403-2 Voids Filled with Asphalt (VFA), %AI MS-2 See Table 403-2 Dust to Asphalt Ratio Fine Gradation Coarse Gradation CP 50 0.6 – 1.2 0.8 – 1.6 Page 165 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 25 -2- REVISION OF SECTION 403 HOT MIX ASPHALT Cont. Table 403-1 Note: AI MS-2 = Asphalt Institute Manual Series 2 Note: Mixes with gradations having less than 40% passing the 4.75 mm (No. 4) sieve shall be approached with caution because of constructability problems. Note: Gradations for mixes with a nominal maximum aggregate size of one inch or larger are considered a coarse gradation if they pass below the maximum density line at the #4 screen. Gradations for mixes with a nominal maximum aggregate size of 3/4” to 3/8” are considered a coarse gradation if they pass below the maximum density line at the #8 screen. Gradations for mixes with a nominal maximum aggregate size of #4 or smaller are considered a coarse gradation if they pass below the maximum density line at the #16 screen. *Fractured face requirements for SF may be waived by RME depending on project conditions. All mix designs shall be run with a gyratory compaction angle of 1.25 degrees and properties must satisfy Table 403-1. Form 43 will establish construction targets for Asphalt Cement and all mix properties at Air Voids up to 1.0 percent below the mix design optimum. CDOT will establish the production asphalt cement and volumetric targets based on the Contractor’s mix design and the relationships shown between the hot mix asphalt mixture volumetric properties and asphalt cement contents on the Form 429. CDOT may select a different AC content other than the one shown at optimum on the Contractor’s mix design in order to establish the production targets as contained on the Form 43. Historically, Air Voids adjustments typically result in asphalt cement increases from 0.1 to 0.5 percent. Contractors bidding the project should anticipate this change and factor it into their unit price bid. Table 403-2 Minimum Voids in the Mineral Aggregate (VMA) Nominal Maximum Size*, mm (inches) ***Design Air Voids ** 3.5% 4.0% 4.5% 5.0% 37.5 (1½) 11.6 11.7 11.8 N/A 25.0 (1) 12.6 12.7 12.8 19.0 (¾) 13.6 13.7 13.8 12.5 (½) 14.6 14.7 14.8 9.5 (⅜) 15.6 15.7 15.8 4.75 (No. 4) 16.6 16.7 16.8 16.9 * The Nominal Maximum Size is defined as one sieve larger than the first sieve to retain more than 10%. ** Interpolate specified VMA values for design air voids between those listed. *** Extrapolate specified VMA values for production air voids beyond those listed. Page 166 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 26 -3- REVISION OF SECTION 403 HOT MIX ASPHALT The Contractor shall prepare a quality control plan outlining the steps taken to minimize segregation of HMA. This plan shall be submitted to the Engineer and approved prior to beginning the paving operations. When the Engineer determines that segregation is unacceptable, the paving shall stop, and the cause of segregation shall be corrected before paving operations will be allowed to resume. Hot mix asphalt for patching shall conform to the requirements for HMA (S) (75) (PG 64-28). All patching shall be per the Project Engineer. Delete subsection 403.05 and replace with the following: 403.05 The accepted quantities of hot mix asphalt will be paid for in accordance with subsection 401.22, at the contract unit price per ton for the asphalt mixture. Asphalt removal will be paid under “Removal of Asphalt Mat” Payment will be made under: Pay Item Pay Unit Hot Mix Asphalt (Patching)(Asphalt) Ton Aggregate, asphalt recycling agent, asphalt cement, additives, hydrated lime, and all other work and materials necessary to complete each hot mix asphalt item will not be paid for separately but shall be included in the unit price bid. When the pay item includes the PG binder grade, any change to the submitted mix design optimum asphalt cement content to establish production targets on the Form 43 will not be measured and paid for separately but shall be included in the work. No additional compensation will be considered or paid for any additional asphalt cement, plant modifications and additional personnel required to produce the HMA as a result in a change to the mix design asphalt cement content. Historically, typical asphalt cement increases reflected on the Form 43 are from 0.1 to 0.5 percent. However, the Contractor should anticipate the AC increases typical of his mixes. Contractors bidding the project should anticipate this change and factor it into their unit price bid. When the pay item does not include the PG binder grade, asphalt cement will be measured and paid for in accordance with Section 411. Asphalt cement used in Hot Mix Asphalt (Patching) will not be measured and paid for separately but shall be included in the work. Excavation, preparation, and tack coat of areas to be patched will not be measured and paid for separately but shall be included in the work. Aggregate, asphalt cement, asphalt recycling agent, additives, hydrated lime, and all other work necessary to complete Hot Mix Asphalt (Patching)(Asphalt) will not be paid for separately but shall be included in the unit price bid. Subgrade excavation & preparation, and tack coat of areas to be patched will not be measured and paid for separately but shall be included in the work. Removal of Asphalt Mat will be measured and paid for separately. Page 167 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 27 REVISION OF SECTION 504 RETAINING WALL (ROCK) Section 504 of the Standard Specifications is hereby revised for this project as follows: DESCRIPTION Rock Retaining Wall work consists of furnishing and placing rock, gravity retaining walls in accordance with these Specifications and in conformity with the lines, grades, and dimensions as shown on the Plans or as established. The material for the rock used and the construction of these walls shall be as specified herein. MATERIALS Materials shall meet the following requirements: (a) Rock. The rock used for the construction of the rock retaining walls shall conform to the following: 1. The rock shall be angular and free from segregation, seams, cracks, and other structural defects or imperfections tending to destroy its resistance to the weather. It shall be free of rounded, worn, or weathered surfaces. The Owner shall reject all rounded or weathered stone. 2. The color of the rock shall be mostly light grays, browns and tans, as approved by the Engineer. The color shall be approved prior to the rock being delivered to the construction site. The Owner will visit the rock supplier’s quarry to approve the rock color. This approved color of rock will be used for the construction of the rock retaining walls for the entire project. 3. The rocks for the construction of the walls shall be well graded and vary in size from a mean diameter of 9 inches to 48 inches. Control of gradation will be by visual inspection. However in the event the engineer determines rock to be unacceptable, the Engineer will pick two (2) random truckloads to be dumped and checked for gradation. The Contractor at no additional cost shall provide mechanical equipment and labor needed to assist in checking gradation to the Owner. 4. The specific gravity of the rock shall be 2.5 or greater according to the bulk-saturated, surface-dry basis, AASHTO T85. 5. The rock shall have a percentage loss of not more than 40 percent after 500 revolutions when tested in the Los Angeles machine in accordance with AASHTO Test T96. 6. The rock shall have a percentage loss of not more than 10 percent after five (5) cycles when tested in accordance with AASHTO Test T104 for ledge rock using sodium sulfate. 7. The rock shall have a percentage loss of not more than 10 percent after twelve (12) cycles of freezing and thawing when tested in accordance with AASHTO Test T103 for ledge rock, Procedure A. Page 168 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 28 -2- REVISION OF SECTION 504 RETAINING WALL (ROCK) (b) Backfill. 1. The wall shall be backfilled per CDOT 208.02(l) with 3-inch crushed rock wrapped in Geotextile (Class 3) including a 4” perforated pipe in the backfill layer as shown in the plans. CONSTRUCTION REQUIREMENTS Construction Requirements for rock retaining walls shall be as follows: 1. The rock for the rock walls shall be placed tightly, without obvious grout on the outside face of the rock wall. 2. Subgrade under walls shall be compacted to 95% of maximum density determined in accordance with AASHTO T180, with a minimum bearing capacity of 3000 psf. 3. The rock walls shall be constructed to the dimensions and in the locations shown on the drawings. The walls shall be constructed with a 1 horizontal to 4 vertical batter on the front and back face, with a minimum width of 1 foot at the top of the wall. 5. All face stones shall be pitched to a string line on straight walls or laid to batter stakes for curved walls. The batter shall be consistent with respect to all parts of the wall and shall meet the minimum requirements set forth in the detail. The degree of roughness on the exposed face shall be measured with a six-foot straight edge supported between adjacent projections on the stone face. Variations in the face in excess of 4 inches, measured form the straight edge to the extreme depression in the stone will not be permitted. Rear faces shall present approximately plane surfaces and shall in general conform to the detail. 6.Each facing rock shall be in contact with at least two rocks below it. Each rock shall have at least three (3) bearing points – two (2) in front and one (1) in back. Front contact points shall be within 6 inches of the face. There shall be no columns of rock, i.e., no continuous vertical seems. 7. Backfill, 4” perforated pipe, geotextile and weep drains as shown on the drawings shall be installed through the rock walls at no more than 50-foot o.c. and located vertically 6 inches above final grade on the exposed wall side, unless otherwise specified on the plans. 8. There shall be no loose cap rocks that can be moved by hand or are unstable under foot. 9. Examine the substrates, adjoining construction and the conditions under which the work is to be installed. Do no proceed with the work until unsatisfactory conditions have been corrected. 10. Verify dimensions before proceeding with the work. Obtain field measurements for work required to be accurately fitted to other construction. Be responsible for the accuracy of such measurements and precise fitting and assembly of finished work. Page 169 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 29 -3- REVISION OF SECTION 504 RETAINING WALL (ROCK) 11. Job Mock-up: Prior to the construction of any rock walls, the Contractor, or Subcontractor who is constructing the walls for the Contractor, shall show the Owner and Engineer, an example of similar rock walls that they had constructed previously. After acceptance of this previous work, the Contractor or Subcontractor shall construct approximately 100 square feet of rock wall as shown on the drawings for approval by the Owner and Engineer. If the construction is approved, the Contractor or Subcontractor shall construct the remainder of the rock walls as approved. If the construction is not approved, the Contractor shall make any changes required by the Owner and Engineer to obtain approval and construct the remainder of the walls as approved. 12. Submittals: Submittals shall be required for the grout mix design and the rock. Rock submittals shall be as per CDOT Section 506 – Riprap. Submit certification that sufficient quantity of materials within the range of accepted material is available from a single quarry to satisfy the total requirements of the project. Samples of rock shall be made available at the quarry. The Owner and Engineer shall approve all submittals prior to rock wall construction. METHOD OF MEASUREMENT Retaining Wall (Rock) will be measured by the square foot of surface area using the pay limits as shown on the Rock Retaining Wall Typical Section(s) in the plans. BASIS OF PAYMENT The unit price of Retaining Wall (Rock) shall be compensation for complete installation including but not limited to subgrade compaction, water, backfill, rock, crushed rock, weep holes, drainage geofabric, 4” perforated pipe, construction dewatering, delivery and installation. Dewatering for rock retaining walls shall not be paid for separately but shall be included in the work. Payment will be made under: Pay Item Pay Unit Retaining Wall (Rock) Square Foot Page 170 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 30 REVISION OF SECTION 607 FENCE (WOOD POST AND DOWEL) Section 607 of the Standard Specifications is hereby revised for this project as follows: Subsection 607.02 shall include the following: Post and Dowel Fence shall be 8-foot long 6-inch diameter round posts with 4-inch diameter round rails. All posts and rails shall be as per section 710.07. Posts shall be treated with ACQ to a total absorption of 0.06 pounds per cubic foot of timber. Rails shall be treated with ACQ to a total absorption of 0.04 pounds per cubic foot of timber. Subsection 607.05 shall include the following: Pay Item Pay Unit Fence (Wood Post and Dowel) Linear Foot Page 171 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 31 REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This Work shall consist of constructing concrete bikeway, concrete sidewalk, and curb ramps in accordance with the lines and grades shown on the plans. Subsection 608.02 shall include the following: Bikeway concrete shall be mixed with fibermesh reinforcing strands (or approved equal), at the rate of 1.5 pounds per cubic yard. Mixing, placing and finishing shall be performed according to manufacturer’s recommendations. An accelerator may be used in Class B concrete if approved by the Engineer. Concrete Color: Concrete color shall be Davis Colors #5084 – Omaha Tan unless otherwise shown in the plans. Colors shall be mixed and proportioned according to the manufacturer’s recommendations. Curing compounds shall be clear and according to the manufacturer’s recommendations. Concrete repair materials shall be epoxy resin based, rapid setting, non-shrink products specially developed for all-weather exterior slab edge crack or spall repair. The use of repair products in place of removal and replacement of unacceptable, defective or failing work will be limited to isolated areas less than two inches in width and will be subject to the discretion of the Engineer. Store, mix, and place the concrete repair material in strict accordance with manufacturer's recommendations. Subsection 608.03 (b) shall include the following: Forms: “Bender boards” or thin plank forms with adequate supports shall be used on all trail concrete with curves of less than 75-foot radius. Bender board forms shall be cleated together for the full depth of the form. In no event shall forms be removed while the concrete is sufficiently plastic to slump. If slip-form paving is proposed the Contractor must provide all submittals and information requested by the Engineer for review and consideration prior to construction. The slip form paving machine must be self- propelled, controlled by offset stringlines. A minimum 20 ft. long test section is required. The Contractor must also provide a means for verifying the string line setup prior to paving. Coring may be required. If approved, slip forming must meet the performance requirements specified herein. Subsection 608.03 (c) shall include the following: Limitations on Placing Concrete: Weather Limitations on placing concrete shall conform to Subsections 601.12 (a) (b) and (c). Unless adequate protection is provided and approved by the Project Engineer, concrete shall not be placed during precipitation events. Concrete shall not be placed when the temperature is 35 degrees Fahrenheit or below. Adequate precautions shall be taken to protect all concrete after it is placed and to prevent the temperature of the deposited concrete from falling below the specified minimum temperature during the specified minimum time periods. Page 172 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 32 -2- 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. Page 173 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 33 -3- 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 Page 174 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 34 -4- REVISION OF SECTION 608 SIDEWALKS AND BIKEWAYS The remaining cylinders shall be retained for breaking at a later date, as directed by the Engineer. Acceptance of concrete strength shall be in accordance with Subsection 601.17(c.) Warranty: The Contractor shall guarantee against all defects in material and equipment incorporated in, and warrant all workmanship on, the Concrete Bikeway (6-Inch) (Colored) for a period of two (2) years commencing on the Notice of Substantial Completion. Defects will be identified by the Project Engineer and are based on the following: 1) Vertical displacement greater than ½ inch at cracks or joints in the sidewalk or curb ramp. 2) Cracks in the sidewalk or curb ramp greater than 1/4-inch width. 3) Localized heaving or settlement of the sidewalk or curb ramp. 4) Scaling or spalling of the concrete surface to a depth greater than ¼ inch. In an emergency, the Contractor shall repair all deficiencies within 48 hours of notification by the Engineer. All other deficiencies shall be identified by the Engineer prior to the end of the 2-year warranty period with written notification sent to the Contractor. The Contractor shall repair all deficiencies prior to final Acceptance. In the event the Contractor should fail to make such repairs, adjustments, or perform other necessary work required to correct any deficiencies, the Engineer may do so and charge the Contractor the cost thereby incurred. The Contractor’s Performance and Payment Bond shall remain in full force and effect through the two (2) year guarantee and warranty period. Subsection 608.06 is revised to include the following: Pay Item Pay Unit Concrete Bikeway (6-Inch) (Colored) Square Yard Fibrous polypropylene filaments will not be paid for separately but shall be included in the work. Page 175 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 35 REVISION OF SECTION 608 DETECTABLE WARNINGS Section 608 of the Standard Specifications is hereby revised for this project as follows: Subsection 608.01 shall include the following: This work includes the installation of detectable warnings on concrete curb ramps as shown on the plans. Subsection 608.02 shall include the following: Detectable warnings shall be truncated dome plates of the dimensions shown on the plans. Domes shall be prefabricated by the manufacturer as a pattern on embeddable surface plates. Plates shall meet all Americans with Disabilities Act (ADA) requirements for truncated domes, and when installed, shall be capable of producing the pattern of domes shown on the plans. The detectable warning plates used shall be cast iron East Jordan Iron Works (EJIW) Detectable Warning Plates, or an approved equivalent product. Cast iron plates with a “rust” colored tone, or “Natural Finish” as produced by East Jordan Iron Works. The domes and their underlying surface shall have a discernible contrast of color from the adjacent surface. The contrasting colors shall not be black and white. When plates are used, prior to the start of work, the Contractor shall submit appropriate documentation from the manufacturer verifying that the contrast has been met, along with a sample plate, to the Project Engineer for approval. Subsection 608.03 shall include the following: (g) Detectable Warnings. 1.Plates. Prior to installation of the plates, concrete conforming to subsection 608.02 shall be installed and consolidated as a base for the plates. The concrete shall be placed to a thickness that will allow the base surface of the plates to be at the same elevation as the adjacent concrete. The plates shall be embedded into the plastic concrete in accordance with the manufacturer’s specifications. Subsection 608.05 shall include the following: The unit price for the truncated domes will be per the unit price and will include all of the materials. All work and materials necessary for fabrication, transport, and installation of all aspects of the truncated domes will be considered incidental to the Unit Bid Price. Subsection 608.06 is revised to include the following: Pay Item Pay Unit Detectable Warnings Square Feet Page 176 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 36 REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Section 630 of the Standard Specifications is hereby revised for this project as follows: Subsection 630.13 shall include the following: All signing and traffic control devices required to implement the approved TCP shall be individually measured for payment. Signs damaged due to Contractor operations shall be replaced in kind or repaired by the Contractor at no additional cost to the project. All advanced construction signing shall be installed prior to any construction activity and remain in place for all phases of construction. Road Work advance sequence signs shall be reset as required to match current locations of initial traffic control devices. Resetting of construction signs as required by the work is considered incidental to the project and will not be paid separately. Masking of existing/permanent or temporary signs as required by the work is considered incidental to the project and will not be paid separately. In the event the Contractor fails to complete the project within the allowable Contract time, including time extensions, the Contractor will bear all costs associated with the additional traffic control required by the project including all flagging, traffic control supervision, rental and maintenance of traffic control devices, etc. until the project is completed. Subsection 630.19 shall include the following: Payment shall be full compensation for furnishing, erecting, cleaning, maintaining, moving, removing, and disposing of construction traffic control devices necessary to complete the work. Payment will be full compensation for all work items necessary to complete the construction of the project including, but not limited to: 1.Preparation and submittal of MHT and required services of Traffic Control Supervisor. 2. The rental/ purchase, fabrication, installation and maintenance of all equipment, signs, channelization devices, etc. during construction of the project. Page 177 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 37 -2- REVISION OF SECTION 630 CONSTRUCTION ZONE TRAFFIC CONTROL Payment will be made under: Pay Item Pay Unit Flagging (Hour) Traffic Control Inspection (Day) Traffic Control Management (Day) Barricade (Type 3 M-A) (Temporary) (Each) Construction Traffic Sign (Panel Size A) (Each) Construction Traffic Sign (Panel Size B) (Each) Construction Traffic Sign (Special) (Square Foot) Drum Channelizing Device (Each) Traffic Signal (Temporary) (Each) Page 178 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 38 FORCE ACCOUNT ITEMS DESCRIPTION This special provision contains the Department's estimate for force account items included in the Contract. The estimated amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and payment bonds. Force Account work shall be performed as directed by the Engineer. F/A Minor Contract Revisions – Consists of minor work authorized and approved by the Engineer, which is not included in the contract plans or specifications and is necessary to accomplish the scope of work of this contract. F/A Erosion Control – Supplemental erosion control measures suggested by the Erosion Control Supervisor, but not provided for in the contract plans or specifications. All items shall be approved by the Engineer prior to installation, or they will be at no cost to the project. BASIS OF PAYMENT Payment will be made in accordance with subsection 109.04. Payment will constitute full compensation for all work necessary to complete the item. Force account work valued at $5,000 or less, that must be performed by a licensed journeyman in order to comply with federal, state, or local codes, may be paid for after receipt of an itemized statement endorsed by the Contractor. Estimated Force Account Item Quantity Amount F/A Minor Contract Revisions F.A. $ 110,000* F/A Erosion Control F.A. $ 6500 F/A Misc., CDOT Force Account Items F.A. $ 3500 Page 179 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 39 TRAFFIC CONTROL PLAN – GENERAL The key elements of the Contractor's method of handling traffic (MHT) are outlined in subsection 630.10(a). The components of the TCP for this project are included in the following: (1)Subsection 104.04 and Section 630 of the specifications. (2)Schedule of Construction Traffic Control Devices (3)Signing Plans (4)Construction Phasing Details (5)Detour Details (6)CDOT Lane Closure Variance – Fall River Trail project (7)Miscellaneous requirements of the Town of Estes Park Unless otherwise approved by the Engineer, the Contractor’s equipment shall follow normal and legal traffic movements. The Contractor’s ingress and egress of the work area shall be accomplished with as little disruption to traffic as possible. Traffic control devices shall be removed by picking up the devices in a reverse sequence to that used for installation. This may require moving backwards through the work zone. When located behind barrier or at other locations shown on approved traffic control plans, equipment may operate in a direction opposite to adjacent traffic. Special Traffic Control Plan requirements for this project are as follows: 1.During the construction of this project, traffic shall use the present traveled roadway unless otherwise identified on the plans or approved by the Engineer. 2.The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time, unless approved by the Engineer. 3.The Traffic Control Plan shall be submitted to Town of Estes Park Public Works Department Engineering Division and CDOT Region 4 for review and approval at the Pre-Construction Meeting. The Public Works Department shall have at least 72 hours notice prior to approve all upcoming projects. Work on any project shall not commence without an approved traffic control plan. A copy of this plan shall be kept on site at all times. 4.Working hours are strictly enforced. The working hours are from 7 AM to 7 PM. If work will run beyond the established working hours for the area, the Contractor must connect with the Public Works Department Office at (970) 577-3587 or publicworks@estes.org to request to work outside the established hours. 5.The contractor shall not deviate from the original approved Traffic Control Plan. If the original Traffic Control plan requires modification, the contractor must submit a revised plan to the Public Works Department for review and approval. Page 180 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 40 -2- TRAFFIC CONTROL PLAN – GENERAL 6.The traffic control plan includes a variance request to close one lane of State Highway 34 (034A) from MP 60.1 to 60.2. The eastbound lane of the highway can be closed and traffic managed with a temporary signal for a duration of approximately three months. Lane closure variance is required. Preliminarily variance request has been submitted to CDOT. CDOT has indicated General acceptance following clarification of closure dates/duration. The Contractor’s proposed schedule and participation will be required for final review and approval by CDOT. (See additional information provided at the end of the Special Provisions) 7.Due to the annual increase in tourism traffic, lane closures shall not be permitted after Thursday May 25, 2023. 8.If streets are approved for partial or complete closures, please contact Emergency Services prior to starting work. Call the non-emergency Police Dispatch number at 970-586-4000 and they will notify Police, Fire, and Medical. 9.Unless otherwise pre-approved by the Public Works Department and CDOT, all streets must be open to local traffic and emergency vehicle access. 10.All locations that are to be left unfinished overnight must be protected with appropriate barricade devices. All barricading shall be done in accordance with the MUTCD. If barricades or drums are to be left up overnight, they must be lit. It is the contractor's responsibility to field inspect the work site after dark to ensure that all lights are operating properly. 11.Upon completion of work for the day all construction signs must be made so that they are not visible to traffic and do not pose a hazard to vehicles, bicycles and/or pedestrians. 12.Loose materials in storage areas must be fenced or otherwise secured to prevent vandalism, theft, and property damage. If fill material or equipment is stored on a street, it must be delineated with lighted barricades. Sidewalks shall not be used to store equipment or fill materials. Sight distance from intersections must be maintained around the stored materials. 13.The Contractor shall install construction traffic control devices where they do not block or impede other existing traffic control devices or sidewalks for pedestrians, people with disabilities, or bicyclists. 14.Vertical cuts or fills greater than 1 inch resulting from construction operations within the clear zone of adjacent traffic lanes shall be temporarily sloped at a 6:1 or flatter slope, and delineated at 50-foot intervals immediately after removal operations to safeguard the traveling public. 15.Construction equipment used on this project shall meet the same minimum exhaust requirements as those specified by the manufacturer of the equipment. 16.The Contractor and subcontractors shall equip their construction vehicles with flashing amber lights. Equipment to be used at night shall also be equipped with flashing amber lights. Flashing amber lights on vehicles and equipment shall be visible from all directions. 17.Parking areas temporarily disturbed by construction activities shall be restored to a useable condition during non-working hours. Such temporary parking shall utilize an all-weather surface. The Contractor shall develop an Access Maintenance Plan in coordination with, and based on the requirements of, the affected property owners and tenants, and submit it to the Engineer for approval prior to commencement of work. This plan shall detail all barricades, ramps, signs, and temporary means of access required by the property Page 181 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 41 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. Page 182 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 42 -3- TRAFFIC CONTROL PLAN – GENERAL 18.The Access Maintenance Plan shall be coordinated with all affected property and business owners and residents and tenants. The Access Maintenance Plan shall include documentation of this coordination. All access shall be maintained on surfaces equal to or better than those existing at the time the access is first disturbed. For short periods of time only as allowed by the Engineer, access may be maintained on an aggregate base course surface. 19.During non-construction periods (evenings, weekends, holidays, etc.) all work shall be adequately protected to ensure the safety of vehicular and pedestrian traffic, as detailed in the Contractor’s MHT. Excavations or holes shall be filled in or fenced when unattended. 20.All personal vehicle and construction equipment parking is prohibited where it conflicts with safety, access, or the flow of traffic. Landscaped areas and roadway shoulders shall be kept clear of parking and storage of all personal and construction equipment except where approved by the Engineer. 21.The Contractor shall not place tack coat on any surface to be paved where traffic will be forced to travel upon fresh bituminous materials. 22.No work that interferes with traffic will be allowed on holidays or any day of a three-day or four-day weekend that includes a holiday. Holidays on which this restriction applies consist of those holidays recognized by the Town of Estes Park, which include Labor Day, Thanksgiving Day and the day after Thanksgiving, Christmas Eve day, (observed the Friday before Christmas Eve) and Christmas Day (Observed the Monday after Christmas Day), New Year’s Day, Memorial Day, and Independence Day. Additional non-working days may be specified by the Town. Exceptions to this requirement may be part of the lane closure variance. 23.All lane closures shall be subject to the approval of CDOT Region 4 and the Engineer. Request for each closure shall be made at least 24 hours in advance of the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless being utilized in continuum for the intended purpose for which they were set up. 24.During non-working hours, the roadways shall be restored to a safe travel condition for the free flow of traffic. Any maintenance required to restore the roadways to this condition, including the pavement patching and grading, shall be done prior to opening the areas to traffic or completing work for the day. 25.The Contractor shall clean the roadway of all construction debris and any trash before opening it to traffic. 26.All flagging stations used at night shall be illuminated with floodlights. Street, highway lights and “high mast lighting” may be used for flagging station illumination when approved by the Engineer. Floodlights shall be located and directed so as not to interfere with the sight of any motorists. 27.Prior to removal and resetting of any sign the Contractor and Project Engineer shall prepare an inventory. Any signs damaged due to the Contractor’s operations shall be replaced in kind or repaired by the Contractor at no additional cost to the project. Unless otherwise noted, all costs incidental to the foregoing requirements shall be included in the original contract prices for the project, including any additional traffic control items required for haul routes into the project. Temporary fence required for protection of the work will not be paid for separately but shall be included in the work. Page 183 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 43 UTILITIES Known utilities within the limits of this project are: UTILITY CONTACT/EMAIL PHONE Town of Estes Park Utilities Steve Rusch / srusch@estes.org (970) 577-3625 Town of Estes Park Water Division Chris Eshelman / ceshelman@estes.org (970) 577-3630 Town of Estes Park Power & Communication Division Joe Lockhart / jlockhart@estes.org (970) 577-3613 Trailblazer Broadband Joe Lockhart / jlockhart@estes.org (970) 577-3613 Century Link/Lumen Daniel Trupp / Daniel.trupp@lumen.com (970) 689-6856 Upper Thompson Sanitation District Matt Allen/Matt@utsd.org (970) 219-8210 XCEL Energy Jody Hutchinson / jody.l.ellis@xcelenergy.com (970) 225-7834 TDS Telecom Randall Lopez / randall.lopez.com (435) 705-6006 The work described in these plans and specifications requires coordination between the Contractor and the utility companies in accordance with subsection 105.11 in conducting their respective operations as necessary to complete the utility work with minimum delay to the project. PART 1 - CONTRACTOR SHALL PERFORM THE WORK LISTED BELOW: Coordinate project construction with the performance by the utility owner of each utility work element listed in Part 2 below. Perform preparatory work specified in Part 2 for each utility work element. Provide an accurate construction schedule that includes all utility work elements to the owner of each impacted utility. Provide each utility owner with periodic updates to the schedule. Conduct necessary utility coordination meetings, and provide other necessary accommodations as directed by the Engineer. Notify each utility owner in writing, with a copy to the Engineer, prior to the time each utility work element is to be performed by the utility owner. Provide the notice the number of days specified in Part 2 immediately prior to the time the utility work must be begun to meet the project schedule. Provide traffic control, as directed by the Engineer, for any utility work by the utility owner expected to be coordinated with construction. However, traffic control for utility work outside of typical project work hours shall be the responsibility of the utility owner. Perform each utility work element for every utility owner listed here in Part 1. Notify each utility owner in advance of any work being done by the Contractor to its facility, so that the utility owner can coordinate its inspections for final acceptance of the work with the Engineer. Page 184 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 44 -2- UTILITIES Project Limits – All Utility Owners Prior to excavating, the Contractor shall positively locate all potential conflicts with existing underground utilities and proposed construction, as determined by the Contractor according to proposed methods and schedule of construction. The Contractor shall modify construction plans to avoid existing underground facilities as needed, and as approved by the Engineer. Please note that UNCC marks only its members’ facilities – Other facilities, such as ditches and drainage pipes may exist, and it is the Contractor’s responsibility to investigate, locate and avoid such facilities. Xcel Energy - Gas The Contractor will provide Xcel Energy written notice 10 days immediately prior to each utility work element expected to be coordinated with construction. Estes Park Power & Communication Division – Electric: Observe working clearances at all overhead lines. Lumen/CenturyLink – Telecommunications Verify location and depth of existing fiber optic facilities and observe working clearances during construction. Special attention shall be paid when working in the vicinity of STA 21+80 to STA 22+60 and STA 33+00 where work is close to telecom lines. Contractor to coordinate potential field modifications to utility lines in these locations with Lumen/CenturyLink. Trailblazer Broadband – Telecommunications Verify location and depth of existing fiber optic facilities and observe working clearances during construction. TDS Telecom – Telecommunications Verify location and depth of existing fiber optic facilities and observe working clearances during construction. Upper Thompson Sanitation District Adjust existing manhole at STA 19+40, 19+80, and 21+30 to be flush with the finish trail surface. Coordinate all required inspections with UTSD. Contractor shall provide the utility owner written notice 5 days immediately prior to each required inspection Town of Estes Park Water Division - Water Adjust valve box at ~36+30. Coordinate all required inspections with Town of Estes Park Water Division. Contractor shall provide the utility owner written notice 5 days immediately prior to each required inspection PART 2 - UTILITY OWNERS SHALL PERFORM THE WORK LISTED BELOW: The Contractor shall provide traffic control for any utility work expected to be coordinated with construction, as directed by the Engineer. However, traffic control for utility work outside of typical project work hours shall be the responsibility of the utility owner. The utility owner shall prepare and submit to a Method of Handling Traffic for utility work to be performed outside typical project work hours. The utility owner shall obtain approval of the Method of Handling traffic from the Engineer prior to beginning the utility work to be performed outside typical project work hours. The work listed below will be performed by the utility owners or their agents: Xcel Energy: Page 185 PROJECT SPECIAL PROVISIONS FALL RIVER TRAIL EXTENSION (TAP & MMOF) SP - 45 Xcel Energy will relocate existing gas lines between STA 13+00 and 18+00 prior to construction. Xcel Energy shall relocate their lines such that the lines have adequate clearances from the proposed excavation of the proposed retaining walls. This work must be completed prior to the start of this project. Additional coordination will be required when a construction schedule is known. Lumen/CenturyLink: Lumen/CenturyLink will relocate if field modifications are determined to be needed by the contractor the existing telecom line located between STA 32+40 and STA 33+05. This line will be located outside of the proposed stormline footprint or deep enough below the stormline to no longer be in conflict. Upper Thompson Sanitation District - Sanitary Sewer: Inspect utility work performed by the Contractor listed above. Town of Estes Park Water Division - Water Inspect utility work performed by the Contractor listed above. GENERAL The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavation or grading is planned in the area of underground utility facilities. The Contractor shall notify all affected utilities at least two (2) business days, not including the day of notification, prior to commencing such operations. The Contractor shall contact the Utility Notification Center of Colorado (UNCC) at (8-1-1) or 1-800-922-1987 to have locations of UNCC registered lines marked by member companies. All other underground facilities shall be located by contacting the respective company. Utility service laterals shall also be located prior to beginning excavating or grading. The location of utility facilities as shown on the plan and profile sheets, and herein described, were obtained from the best available information. All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work. Page 186 Public Works Engineering Streets Facilities Fleet Parks Parking & Transit 970-577-3587 publicworks@estes.org 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG PUBLIC WORKS Memo To: Jonathan Woodworth, CDOT Region 4 Traffic Operations Engineer From: Ryan Barr, Town of Estes Park Project Manager Date: April 12, 2022 RE: Lane Closure Variance Request – Fall River Trail project Hello: The Town of Estes Park is seeking approval of a variance request to continuously close one lane of Fall River Rd (034A) during construction of a roadside retaining wall associated with the upcoming Fall River Trail project (23637-23950). This project involves CDOT-administered funding from the Transportation Alternative Program (TAP) and Multimodal Options Fund (MMOF). Per the Region 4 Lane Closure Strategy, myself and the design engineers are providing the following information: 1) The location and limits of the state highway lane closure. We are proposing to close one lane of State Highway 34 (034A) from MP 60.1 to 60.2. We are proposing to close the EB lane of the highway and manage traffic with a temporary signal for a duration of approximately three months. 2) A reiteration of the restricted hours in the Lane Closure Strategy. The following are the allowed single-lane closure hours for this segment of highway: i. Spring/Summer (MP59.19 Fish Hatchery Rd to MP60.97 Begin US34 Business Estes Park): Allowed from 9 PM – 5 AM ii. Fall/Winter (MP59.19 Fish Hatchery Rd to MP60.97 Begin US34 Business Estes Park): Allowed Anytime 3) A presentation of the requested change to the restricted hours, specifying the new hours by the season, day-of-week, and starting and ending time. Final dates and times would be determined upon selection of a contractor and final work schedule; however, the closure would take place continuously for a duration of up to three months. This is anticipated to include a single-lane closure of the EB lane during the daytime (5 AM – 9 PM) in the Spring/Summer timeframe, which needs a variance. Page 187 Public Works Engineering Streets Facilities Fleet Parks Parking & Transit 970-577-3587 publicworks@estes.org 170 MACGREGOR AVE. P.O. BOX 1200, ESTES PARK CO. 80517 WWW.ESTES.ORG PUBLIC WORKS Memo 4) A concise statement as to the reason why a variance is being requested. A variance is being requested for the construction of an extension to the Fall River Trail. This extension requires the construction of a new retaining wall and barrier along Highway 34 from approximately MP 60.1 to 60.2. Construction of this wall is not possible without a continuous lane closure. 5) A technical basis supporting the new allowed hours. Technical information may include: a. Recent traffic counts that show a different daily volume or hourly traffic pattern from the data used for the Lane Closure Strategy. i. The construction work has been scheduled to coincide with the Rocky Mountain National Park (RMNP) Fall River Entrance station rehab project, which is anticipated to restrict vehicles to one-lane-in and one-lane-out from July 2022 – May 2023. The design team anticipates a dramatic reduction in traffic volumes on this segment of 034A given that RMNP will use detour signage and public messaging to encourage visitors to utilize the Beaver Meadows Entrance on Highway 36. b. Presentation of a traffic control strategy that would make use of alternate traffic routing or traffic control measures which would soften the impact of the lane closure during the new allowed hours. i. Due to the RMNP Fall River Entrance station project, traffic will already be detoured away from Highway 34 to Highway 36 and the Beaver Meadows Entrance station. The Town can also use our three Dynamic Message Sign (DMS) boards to encourage use of Highway 36 instead of Highway 34. c. Cost efficiencies that would result from implementing the new lane closure hours. i. The construction of the retaining wall is not feasible without a continuous single- lane closure. Allowing this in the Spring/Summer timeframe will prevent the project from needing to be constructed in the Fall/Winter timeframe, which introduces weather limitations and a reduced construction window, both of which will increase project costs. Thank you for the consideration, Ryan Barr Public Works Project Manager Page 188 F. O . R . C O N C U R R E N C E - A P R I L 2 0 2 2 Page 189       Page 190 PUBLIC COMMENT RECEIVED ON 11/20/2022  Board of Trustees Public Comment Name: Ryan Bross Stance on Item: Neutral Agenda Item Title: General Public Comment. Public Comment: I have another meeting on Tuesday evening so won't be able to attend in person. In the spirit of the season, I want to extend my sincere thanks to the Town staff, the Mayor, and each of the Trustees for all of your time and effort this year. It often appears to be an unenviable position, with few issues having unanimous public support. I'm grateful for your service. Thank you, and my best to you and yours for the Holidays. File Upload Please note, all information provided in this form is considered public record and will be included as permanent record for the item which it references. Files are limited to PDF or JPG. 25 MB limit. Video files cannot be saved to the final packet and must be transcribed before submitting. Page 191       Page 192