HomeMy WebLinkAboutPACKET Town Board 2014-09-23NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the
agenda was prepared.
The 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.
BOARD OF TRUSTEES - TOWN OF ESTES PARK
Tuesday, September 23, 2014
7:00 p.m.
AGENDA
PLEDGE OF ALLEGIANCE.
(Any person desiring to participate, please join the Board in the Pledge of Allegiance).
PUBLIC COMMENT. (Please state your name and address).
TOWN BOARD COMMENTS / LIAISON REPORTS.
TOWN ADMINISTRATOR REPORT.
Policy Governance Report - 3.8 Compensation and Benefits.
1. CONSENT AGENDA (Approval of):
1. Town Board Minutes dated September 9, 2014 and Town Board Study Session
Minutes dated September 9, 2014.
2. Bills.
3. Committee Minutes:
A. Public Safety, Utilities and Public Works, September 11, 2014:
1. Purchase of Light & Power Bucket Truck, Altec, $219,650 – Budgeted.
2. Purchase THM Water Analyzer, Parker Hannifin, $35,537.50 – Budgeted.
4. Transportation Advisory Committee dated August 20, 2014 (acknowledgement
only).
5. Estes Valley Planning Commission dated August 19, 2014 (acknowledgement
only).
6. Estes Valley Library District Re-appointment of Donald L. Bryson for a four year
term expiring December 31, 2018.
2. REPORT AND DISCUSSION ITEMS (Outside Entities):
1. MOUNTAIN STRONG FOR NONPROFITS. EPNRC Director Jill Lancaster.
3. LIQUOR ITEMS
Prepared 9/15/14
*Revised: 09/18/14
NOTE: The Town Board reserves the right to consider other appropriate items not available at the time the
agenda was prepared.
1. TRANSFER OF OWNERSHIP - M&S, INC., DBA THE OVERLOOK BAR &
GRILLE, TO LA SIERRA, LLC, DBA LA HACIENDA BAR AND GRILL, 165
VIRGINIA DRIVE UNIT #18-1 AND #18-2, TAVERN LIQUOR LICENSE. Town
Clerk Williamson.
4. PLANNING COMMISSION ITEMS. Items reviewed by Planning Commission or staff for
Town Board Final Action.
1. CONSENT ITEM:
1. AMENDED PLAT, Lots 1 & 2, Kenofer Addition, 582 Audubon Street, Devin
Jacobs/Applicant. Planner Kleisler.
2. CONDOMINIUM MAP, Supplemental Condominium Map, Phase XXVI, Park
River West Condominiums, 604, 606, & 608 Park River Place; Crystal
Wille/Applicant. Planner Kleisler.
5. ACTION ITEMS:
1. SINGLE AUDIT. Director McFarland.
2. CONSTRUCTION CONTRACT FOR FLOOD RESTORATION PROJECTS.
Project Manager Zurn.
3. TESTING SERVICES CONTRACT FOR FLOOD RESTORATION PROJECTS.
Project Manager Zurn.
4. RESOLUTION # 20-14 SUPPORTING BALLOT ISSUE #200 - THE LARIMER
HUMANE SOCIETY AND THE CONSTRUCTION OF A NEW ANIMAL SHELTER
FOR LARIMER COUNTY. Administrator Lancaster.
5. ASSISTANT TOWN ADMINISTRATOR. Administrator Lancaster.
6. REPORT AND DISCUSSION ITEMS:
1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manager Zurn.
7. ADJOURN.
*
*
TOWN ADMINISTRATOR
Frank Lancaster
Town Administrator
970.577.3705
flancaster@estes.org
MEMORANDUM
DATE: September 23, , 2013
TO: Board of Trustees
FROM: Frank Lancaster , Town Administrator
SUBJECT: INTERNAL MONITORING REPORT - EXECUTIVE LIMITATIONS
(QUARTERLY MONITORING REPORT POLICY 3.3 AND 3.8)
Board Policy 2.3 designates specific reporting requirements for me to provide
information to the Board. Policy 3.3, Financial Planning and Budgeting requires
quarterly reporting of compliance of Policy 3.8 Compensation and Benefits in
September.
Policy 3.8 states: “With respect to employment, compensation, and benefits to
employees, consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity.”
This report constitutes my assurance that, as reasonably interpreted, these conditions
have not occurred and further, that the data submitted below are accurate as of this
date.
________________________
Frank Lancaster
Town Administrator
3.8.1. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not change his or her own
compensation and benefits.
REPORT: I have not changed my own compensation or benefits. I am therefore
reporting compliance.
3.8.2. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not promise or imply permanent or
guaranteed employment.
REPORT: I have not promised or implied permanent or guaranteed employment. I am
therefore reporting compliance.
3.8.3. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not establish current compensation
and benefits which deviate materially for the regional or professional market
for the skills employed:
REPORT: We have recently completed a full compensation and classification study to
insure that our current compensation and benefits do not deviate materially for the
regional or professional market for the skills employed. These adjustments were made
with the adoption of the 2014 budget. I am therefore reporting compliance.
3.8.4. With respect to employment, compensation, and benefits to employees,
consultants, contract workers and volunteers, the Town Administrator shall
not cause or allow jeopardy to fiscal integrity of the Town. Accordingly,
pertaining to paid workers, he or she may not establish deferred or long-term
compensation and benefits.
REPORT: I have not established deferred or long-term compensation and benefits.
I am therefore reporting compliance.
Town of Estes Park, Larimer County, Colorado, September 9, 2014
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 9th day of September, 2014.
Present: William C. Pinkham, Mayor
Wendy Koenig, Mayor Pro Tem
Trustees John Ericson
Bob Holcomb
Ward Nelson
Ron Norris
John Phipps
Also Present: Frank Lancaster, Town Administrator
Greg White, Town Attorney
Jackie Williamson, Town Clerk
Absent: None
Mayor Pinkham called the meeting to order at 7:00 p.m. and all desiring to do so,
recited the Pledge of Allegiance.
PUBLIC COMMENTS.
Ben Greer/County citizen suggest the Town consider a Cinco de Mayo festival to
provide an event during a quieter time of year.
Larimer County Sheriff Justin Smith stated as the community nears the one year
anniversary of the flood he wanted to thank and acknowledge the efforts of the Town
staff, businesses and community members in the recovery effort.
TRUSTEE COMMENTS.
Trustee Norris stated the next Public Safety, Utilities and Public Works Committee
meeting would be held on September 11, 2014 at 8:00 a.m. in the Board room. Visit
Estes Park would hold its next meeting on September 16, 2014. He also noted the
Town would post for two positions expiring on the Local Marketing District board at the
end of the year.
Trustee Holcomb recognized the efforts of Sergeants Life and Swallow for their
professionalism in providing support to the Wedan family funeral.
Mayor Pro Tem Koenig stated the Real Mountain Cowboy Magazine has recognized the
Rooftop Rodeo as Colorado’s #1 summer rodeo. The rodeo has once again been
nominated by PRCA for best mid size rodeo. The Sister Cities meeting has been
rescheduled to September 17, 2014.
Trustee Nelson updated the Board on the recent Larimer County Open Space meeting
stating the Horsetooth Mountain open space has installed a web cam in the upper
parking lot; Devils Backbone open space has a new management plan, parking lot and
trail; Flat Head reservoir has teepees for rent; a new junior ranger guide and program;
Loveland would purchase land between Fort Collins and Loveland to connect three trail
systems; and the Board of County Commissioners has approved an extension of the ¼
cent sales tax to be included on the November ballot.
Trustee Ericson commented the Transportation Advisory Committee would meet on
September 17, 2014 at noon in Rooms 202 and 203 and invited the public to attend.
Board of Trustees – September 9, 2014 – Page 2
Mayor Pinkham stated the Larimer County Open Space has helped the Town to acquire
property and protect open spaces in and around town. This effort has preserved the
uniqueness of Estes Park.
TOWN ADMINISTRATOR REPORT.
Staff submitted the Hazard Mitigation grant for $17 million in funding to mitigate future
flooding events. He acknowledged the Town staff including Director Chilcott, Director
Muhonen, Chief Building Official/Floodplain Manger Birchfield, Grant Specialist Crosser,
and consultants Shellie Tressell, Jill Fisher and Lynn Wright.
1. CONSENT AGENDA:
1. Town Board Minutes dated August 26, 2014 and Town Board Study Session
Minutes dated August 26, 2014.
2. Bills.
3. Committee Minutes:
a. Community Development / Community Services, August 28, 2014.
It was moved and seconded (Koenig/Holcomb) to approve the Consent Agenda,
and it passed unanimously.
2. LIQOUR ITEMS:
1. STIPULATION AGREEMENT – GAST HAUS ESTES PARK, INC., DBA
MOLLY B, 200 MORAINE AVENUE, TAVERN LIQUOR LICENSE. Town
Clerk Williamson presented the Board with a stipulation agreement in lieu of a
show cause hearing. The licensee through the stipulation agreement waived
their rights to a show cause hearing to determine if the violations of serving
an underage and allowing an underage employee to serve alcohol occurred
during a compliance check on August 9, 2014. Staff used the new guidelines
adopted in April to determine the appropriate penalty; determined the
underage server was an aggravating factor; and the licensee has a number of
the recommended practices in place. The agreement outlines a 14 day
suspension with 3 days served and 11 days held in abeyance. The licensee
petitioned the Town to pay a fine in lieu of serving time. It was moved and
seconded (Koenig/Phipps) to approve the Stipulation Agreement with
Gast Haus Estes Park, Inc. dba Molly B, and it passed unanimously.
2. STIPULATION AGREEMENT – CARL E. SCOTT DBA COFFEE ON THE
ROCKS, 510 MORAINE AVENUE, TAVERN LIQUOR LICENSE. Town
Clerk Williamson presented the Board with a stipulation agreement in lieu of
show cause hearing. The licensee through the stipulation agreement waived
their rights to a show cause hearing to determine if the violations of serving
an underage and allowing an underage employee to serve alcohol occurred
during a compliance check on August 9, 2014. The agreement outlines a 14
day suspension with no time served, 14 days held in abeyance and a written
warning. The underage server was not considered an aggravating factor
because the licensee understood the liquor license code allowed an 18 year
old to serve alcohol if full meals are served. It was determined by staff that
full meals are not being served, and therefore, the server age for a tavern
license would be 21 years. It was moved and seconded (Phipps/Holcomb)
to approve the Stipulation Agreement with Carl E. Scott dba Coffee on
the Rocks, and it passed unanimously.
3. ACTION ITEMS:
Board of Trustees – September 9, 2014 – Page 3
1. PARKS ADVISORY BOARD APPOINTMENTS. Town Clerk Williamson
stated the Administrative Services department advertised for 3 positions on
the Parks Advisory Board and held interviews with the interview team of
Trustee Holcomb, Trustee Norris and Parks Maintenance Supervisor Franklin.
The interview team recommended the appointment of Terry Rustin to a term
expiring on December 31, 2017, Ronna Boles to a term expiring December
31, 2016, and to leave the last term unfilled. The interview team expressed
the need to fill the open position with an individual containing a background in
the arts. The position would not be readvertised until next year. It was
moved and seconded (Norris/Koenig) to approve the appointments of
Terry Rustin to a term expiring on December 31, 2017 and Ronna Boles
with a term expiring on December 31, 2016, and it passed unanimously.
2. ORDINANCE #15-14 LEASE OF CARRIAGE HILLS OPEN SPACE TO THE
ESTES VALLEY RECREATION AND PARK DISTRICT FOR A
PLAYGROUND. The Estes Valley Recreation and Parks District (EVRPD)
has requested the use of Town owned property located within the Carriage
Hill subdivision open space for the construction of a pocket park containing a
playground and parking lot. A lease must be approved by the adoption of
Ordinance #15-14 as the lease period is greater than one year. The
proposed location was selected by EVRPD after being selected to receive a
private donation due to the topography, accessibility and proximity to families
within the area. Staff reviewed the proposal to ensure it meets development
regulations and determined the project did not meet the requirements of a
development plan review. Pertinent development regulations including a 50-
foot setback from wetlands and 25-foot setback from property lines have been
met by the proposal. The parking lot has been located east of an existing
driveway on the south side of Carriage Drive to limit headlights from shining
into the neighboring property.
Skyler Rorabaugh/EVRPD Executive Director stated the Cleveland-based
Nordson Corporation and its Fort Collins based subsidiary, Value Plastics
Inc., have selected Estes Park as the recipient of their 2014 Big Build, a
charitable program in which Nordson supplies funding and employee
volunteers to build playgrounds in and near the communities where it
operates. He reiterated the selection of the site was due to the number of
school aged children within the area. The district conducted outreach, held a
neighborhood meeting and completed an online survey. There has been
overwhelming positive response for the project and the location. The
Department of Wildlife was contacted and the project would include a bear
proof trash container and the removal of the swing seats during the elk rut or
possible closure of the park during the rut. He stated the company would
install the playground on September 24 – 26, 2014 and without the lease
agreement the grant funds would be awarded to another community.
Those speaking in favor of the agreement included Kristen Berg/President of
Families for Estes, Brian Berg/Town citizen, Kristen Rorabaugh/County
citizen, Tonya Fransis/County citizen, Lydia and Zach Petia/County citizen,
Marcie Kiser/Town citizen, Claudine Perrault/County citizen, Julian
Eisher/Town citizen, Elizabeth Fogarty/County citizen, Ben Greer/EVRPD
Board of Director, Wendy Ash/County citizen, Betsy Hill Raymond/County
citizen, and Lena McIntyre/Town citizen.
Mr. Eisher stated support for the project and thanked the EVRPD staff for
addressing his concerns related to the parking lot situated directly across
from his driveway. He stated concern with kids walking and riding bikes on
the busy Carriage Drive and would like to see sidewalks, bike racks at the
playground and no bathroom located on the property.
Board of Trustees – September 9, 2014 – Page 4
Attorney White read the Ordinance, it was moved and seconded
(Norris/Koenig) to approve the Ordinance #15-14, and it passed
unanimously.
3. RESOLUTION #19-14, SURPRISE SIDEWALK SALE – OCTOBER 11-12,
2014. Director Winslow presented a Resolution to approve the annual
sidewalk sale, allowing downtown businesses to sell goods in front of their
stores. Businesses that are located out of the downtown area may reserve a
space in Bond Park for the event. It was moved and seconded
(Ericson/Koenig) to approve Resolution #19-14 for the Surprise Sidewalk
Sale on October 11-12, 2014, and it passed unanimously.
4. EVENTS COORDINATOR POSITION. Director Winslow requested the
addition of a second Event Coordinator position to focus on new events and
existing events as the existing. The job description has been updated to
include a level I and II. The new position would be advertised for an Event
Coordinator I. The new staff member would allow the Special Events division
to add new events, maximize venues, and conduct events during the winter
months. After further discussion, it was moved and seconded
(Koenig/Ericson) to approve the Events Coordinator I position, and it
passed unanimously.
4. REPORT AND DISCUSSION ITEMS:
1. EVENT CENTER & PAVILION CONSTRUCTION UPDATE. Project Manger
Zurn stated the second floor of the silo has been poured, the roof to be
completed soon, electrical to be completed in 2 weeks, HVAC in the main
structure to be completed, trusses, stonework, etc, moving forward.
5. REQUEST TO ENTER EXECUTIVE SESSION:
It was moved and seconded (Koenig/Phipps) to enter into Executive Session
for the discussion of specialized details of security arrangements or
investigations, under C.R.S. 24-6-402(4)(d)B, and it passed unanimously.
Whereupon Mayor Pinkham adjourned the meeting to Executive Session at 8:25
p.m.
Mayor Pinkham reconvened the meeting to open session at 9:11 p.m.
Whereupon Mayor Pinkham adjourned the meeting at 9:11 p.m.
William C. Pinkham, Mayor
Jackie Williamson, Town Clerk
Town of Estes Park, Larimer County, Colorado, September 9, 2014
Minutes of a Regular meeting of the TOWN BOARD STUDY SESSION of
the Town of Estes Park, Larimer County, Colorado. Meeting held at Town
Hall in Rooms 202/203 in said Town of Estes Park on the 9th day of
September, 2014.
Board: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris, and Phipps
Attending: Mayor Pinkham, Mayor Pro Tem Koenig, Trustees Ericson,
Holcomb, Nelson, Norris, and Phipps
Also Attending: Town Administrator Lancaster, Director Chilcott, Chief
Building Official Birchfield, Town Attorney White, and Deputy
Town Clerk Deats
Absent: None
Mayor Pinkham called the meeting to order at 4:00 p.m.
TRUSTEE COMMENTS & QUESTIONS.
Trustee Norris will be unable to attend the October PUP Committee meeting. The
meeting will be held as scheduled with Mayor Pro Tem Koenig and Trustee Nelson in
attendance.
In response to an inquiry from Trustee Holcomb related to assigning a Town Board
member as liaison to the Economic Development Corporation (EDC), the Mayor said
that the Town is well-represented with Town Administrator Lancaster’s participation.
Town Administrator Lancaster will continue to report to the Town Board on activities of
the EDC and the fiber optic subcommittee. He stated that the meetings are open to the
public and that interested trustees may attend, however, an official liaison is not
necessary and will not be appointed.
Trustee Ericson noted that the single audit that was postponed in June will be
completed by the end of September.
FUTURE STUDY SESSION AGENDA ITEMS.
The September 23rd study session agenda item will be changed to the consideration of
hiring a planning consultant, with discussion at the meeting to define the qualifications
and credentials to look for in a consultant.
Several Larimer County tax issues will be before the electorate in November. A
discussion to determine the Town Board’s position on these issues is needed.
ASSISTANT TOWN ADMINISTRATOR POSITION.
Town Administrator Lancaster presented a job description for the Assistant Town
Administrator (ATA) position. He said candidates for this position should possess
strong communication skills and have knowledge of public policy development. Job
responsibilities will include policy development, risk management, and assisting with
performing a wide variety of administrative functions in the day-to-day operations of the
Town. Unlike the previous Deputy Town Administrator position, the Assistant Town
Administrator would not have authority over Town departments, nor be considered the
second in command. He noted that the position would be classified as Management
Level 5 and have a salary range, inclusive of benefits, of $104,590 to $151,655. As is
the case with existing administration positions, the salary expense for the ATA position
will be divided between Utilities and the General Fund. Town Administrator Lancaster
said that even though the impact to the 2014 budget will be minor, he would once again
evaluate the budget before bringing the item forward for approval at the next Town
Town Board Study Session – September 9, 2014 – Page 2
Board meeting. Once approved, advertising for the position will begin in an attempt to
fill the position no later than mid-November.
Mayor Pinkham recessed the meeting for a dinner break at 4:50 p.m., and resumed the
meeting at 5:15 p.m.
BOARD COMMUNICATION.
Mayor Pinkham provided the Board with a draft Code of Conduct, and reviewed several
scenarios with the Board which would require a response to a constituent, interaction
with staff, or interaction with fellow Trustees. The situations ranged from receiving
complaint phone calls or emails from residents about topics such as potholes, vacation
homes, and police issues; to Board members requesting information and/or reports from
staff or asking staff to distribute materials to the Board; to conversations between
Trustees outside of Board meetings.
The Mayor said that the best practice when responding to a resident’s call or email is to
listen, thank them for the call/email, and inform them that it will be forwarded on to Town
Administrator Lancaster who will then address the issue with the appropriate staff
member. By following this procedure, the resident will not receive four or five different
responses from trustees with varying information. Town Administrator Lancaster
requested that he be copied on, or made aware of, any communication between the
Trustees and staff related to a complaint or an information request. He noted that if a
Board member has a concept for Board consideration, that information should be
forwarded to the Town Administrator who will determine whether to distribute the
information to the remainder of the Board, or schedule the item for inclusion on a future
study session or Town Board meeting agenda. The same process should be followed
when a Board member requests information from a department head. By funneling the
request through the Town Administrator, staff will not be duplicating documents or
preparing documents in different formats for each Board member.
Regarding conversations outside of a board meeting, Attorney White said the Town has
adopted policy governance which states that the Town Board places a high value on
open, participatory government. He said that off-line communication, whether in person
or through email, has the potential to lapse into decision-making outside of the board
room, and should be avoided. He said limited communication is normal, but urged the
Board not to overdo it. Two trustees may meet for coffee and talk but they should not
attempt to persuade each other on any given topic or come to a conclusion based on
one-on-one discussions outside of a board meeting. Quasi-judicial matters must not be
discussed.
Mayor Pinkham began reviewing the draft Code of Conduct and said conduct between
Board members is the heart of the matter noting that the Board must embrace diversity
and blend their views to preserve and protect the present and future of the community.
He said it is important to agree to disagree and said that is how energy and ideas are
generated to keep moving forward. He said as representatives of the Town, remaining
considerate, respectful, and professional in all situations is key; and requested that
Board members allow the mayor to orchestrate the procedures during public meetings.
Attorney White reminded the Trustees that their written notes, voice mail messages,
email messages, etc., are subject to disclosure through the Colorado Open Records Act
(CORA) with few exceptions. He noted that private email accounts are also subject to
disclosure if Town business is being discussed. Attorney client privilege, security
matters, and deliberative work products are exceptions to disclosure through CORA.
Mayor Pinkham suggested that the discussion of the Code of Conduct be continued at
the next Town Board Study Session scheduled for Tuesday, September 23, 2014.
DISCUSS THE ADOPTION OF DANGEROUS BUILDING SECTION OF THE
INTERNATIONAL BUILDING CODE.
Town Board Study Session – September 9, 2014 – Page 3
Chief Building Official (CBO) Birchfield reported that prior to 2005, the Town had
adopted and was utilizing the 1997 Uniform Building Code which included the Uniform
Code for Abatement of Dangerous Buildings. However, in 2005, when the Town initially
adopted the International Building Code (IBC), staff was instructed to exclude the
adoption of the International Property Maintenance Code (IPMC). Therefore, at this
time, the Town does not have a code that specifically addresses maintenance. Under
the existing building code, a safety issue must be determined to be an imminent danger
before the building official has the authority to take action. As staff prepares to move
forward with a proposal to adopt the 2012 I-Codes in 2015, direction is requested from
the Board related to the inclusion or exclusion of the International Property Maintenance
Code in the process. The adoption process includes public meetings with stakeholders
about the code, perceived pros and cons of the code, and local amendments that may
be necessary in order to support adoption of the code. If directed by the Board, staff will
include the IPMC in these discussions.
Discussion is summarized: current code is designed for construction not property
maintenance; existing code is too subjective and arbitrary as it relates to maintenance;
adopting the IPMC would provide the building official with specific definitions and
guidelines for maintenance; amendments can be made to make the code fit our
community; strive for voluntary consent and compliance with the code; initial
enforcement would be by complaint; most tourist communities have adopted a
maintenance code; the IPMC provides a basis of action and due process; is designed
as a corrective mechanism if a public hazard exists; the IPMC contains a process for an
owner to challenge a decision made by a building official; and ensure that the IPMC is
consistent with provisions contained within the Estes Valley Development Code and the
Municipal Code.
The Board directed staff to move forward with public outreach related to consideration
of adoption of the International Property Maintenance Code concurrently with the 2012
I-Codes. Building Official Birchfield noted that the Board will be kept informed of the
process through regularly scheduled Community Development/Community Services
Committee meetings.
MISCELLANEOUS.
Town Administrator Lancaster reported that he contacted Colorado Municipal
League (CML) staff regarding the feasibility of repealing Senate Bill 05-152 which
prohibits local governments from offering cable television, telecommunications
and high speed internet services. He stated that it is CML’s opinion that, from a
lobbying standpoint, it would be a tough sell and a losing battle. However, a
ballot question asking voters to return this authority to the municipality can be put
to the electorate on a local level, and has a better chance of being successful.
Town Administrator Lancaster noted that partnering with the other three Platte
River Power Authority (PRPA) municipalities may be beneficial and provide
regional cooperation in developing a model that may serve a larger constituency.
The Economic Development Corporation (EDC) through its fiber optic sub-
committee is involved in researching how to optimize the existing fiber and
develop scenarios for discussion.
With the anniversary of the September 2013 Flood approaching, Mayor Pinkham
recommended that Board members confer with PIO Rusch prior to making
statements or dealing with the media.
There being no further business, Mayor Pinkham adjourned the meeting at 6:35 p.m.
Cynthia Deats, Deputy Town Clerk
Town of Estes Park, Larimer County, Colorado, September 11, 2014
Minutes of a Regular Meeting of the PUBLIC SAFETY/UTILITIES/PUBLIC
WORKS COMMITTEE of the Town of Estes Park, Larimer County,
Colorado. Meeting held in the Board Room of Town Hall in said Town of
Estes Park on the 11th day of September, 2014.
Committee: Chair Norris, Mayor Pro Tem Koenig and Trustee Nelson
Attending: All
Also Attending: Town Administrator Lancaster, Police Chief Kufeld, Director
Bergsten, Commander Pass, Superintendent Boles and
Lockhart, Manager Fraundorf, Civil Engineer Ash, and
Recording Secretary Limmiatis
Absent: None
Chair Norris called the meeting to order at 8:05 a.m.
PUBLIC COMMENT.
None.
PUBLIC SAFETY.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Victim Advocates 6-Month Report – Director Mesropian informed the Committee
of the activities and progress of Victim Advocates program over the past six
months, the receipt of positive feedback and the Colorado Coalition Against
Domestic Violence Purple Ribbon Award.
2. 800 Megahertz Radio Encryption – Chief Kufeld discussed the Police
Department’s motivation to encrypt the 800 megahertz radios including: the
purchase of radios with encryption capability, homeland security issues, national
trends in law enforcement, protection of the community and guest’s privacy,
enhancement of officer safety, prevention of identity theft, prevention of scene
response by non-emergency personnel, and prevention of the wrongfully
accused from ridicule. Transparency remains a priority as the Police Department
communicates information through the Public Information Officer, new releases,
mass notifications, Police and Businesses in Partnership (PBIP), Ham Radio
Stations, email, Facebook, Twitter, face-to-face contact with the public, and
weekly media briefings. All essential local agencies, such as the Fire
Department, Larimer County Sherriff’s Office, Rocky Mountain National Park and
the Estes Park Medical Center, have encryption codes to listen to the Police
Department’s broadcasts.
PUBLIC COMMENT.
Mark Elrod, Town resident, expressed concerns of transparency and public safety
regarding the encryption of the Police Department’s radios, stated his respect for the
Estes Park Police Department, criticized the decision to encrypt radios without
consulting the public, requested elected officials balance safety, interests of the
community and various departments, and inquired if only sensitive information could be
encrypted.
Douglas Klink, President of Estes Valley Fire Protection District (EVFPD) Board,
expressed the initial concerns of the EVFPD Board and thanked Chief Kufeld for the
open dialogue to discuss encryption issues. Changes have been made to accommodate
the challenges of encryption and members have full access to information to complete
their jobs.
Public Safety/Utilities/Public Works Committee – September 11, 2014 – Page 2
3. Quarterly Statistics – Commander Pass presented the statistics from January
through June of 2014. A delay was caused in producing the statistics due to a
large upgrade in the Police Department’s computer systems. The statistics
covered Computer Aided Dispatch (CAD), investigations, motor vehicle
accidents, driving under the influence, the communications center, 911 calls, litter
patrol and Restorative Justice.
4. Verbal Updates and Committee Questions - Chief Kufeld informed the
Committee there has been an increase in the number of requests for assistance
outside of Town limits since June 2014 from Larimer County Sherriff’s Office.
Kufeld provided statistics on the various nature of requests. Larimer County
Sherriff’s Office shifted personnel to cover Berthoud and continues to experience
staffing shortages. The Estes Park Police Department would continue to help
Larimer County Sherriff’s Office while maintaining Police coverage for the Town.
Sherriff Smith indicated to Chief Kufeld it could take six months to a year to
complete the hiring process to return staffing levels to adequate numbers.
UTILITIES.
BUCKET TRUCK PURCHASE – L&P.
Superintendent Lockhart informed the Committee Light and Power’s bucket truck has
met its useful life and needs to be replaced. Two quotes were received and staff is
ready to proceed with the purchase. The bucket truck purchase is planned and
budgeted. The Committee recommended the purchase of the Altec Bucket Truck
at a cost of $219,650 from account number 635-7000-435.34-42 be included as a
Consent Item at the September 23, 2014 Town Board Meeting.
WATER ANALYZER PURCHASE – WATER DEPARTMENT.
Superintendent Boles discussed the need for a Trihalomethane (THM) Water Analyzer.
The purchase would help optimize the treatment process for the reduction of
disinfection by-products, allow more frequent distribution system monitoring, ensure
compliance with regulations, and save staff time. The water analyzer purchase is
planned and budgeted. The Committee recommended the purchase of the THM
Analyzer from Parker Hannifin at a cost of $35,537.50 from account number 503-
7000-580.33-40 be included as a Consent Item at the September 23, 2014 Town
Board Meeting.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Water Master Plan Update & Rates – Director Bergsten updated the Committee
on the progress of the Water Master Plan. Meetings were held to discuss the
distribution system, treatment system and water rights. The process has been
slower than hoped and may take until the first quarter of 2015 to be completed.
Superintendent Boles finalized the scope of work for water rates and a
prequalified vendor would be used for the water rate studies.
2. RFP Results - L&P General Engineering & Financial Services – Superintendent
Lockhart stated after reviewing four proposals, HDR was chosen for all financial
work and ESC for all design work and distribution. These two firms would be
prequalified to provide services for the Town.
3. Information Technology Update – Manager Fraundorf discussed several
developing projects. Verizon would send engineers to make a site visit to see if
placing a cell tower on Town Hall is feasible. Century Link indicated plans to
rebuild access to Glen Haven via Highway 34 and spoke with Superintendent
Lockhart about sharing construction costs. They also agreed to sign a two year
contract with the Town for use of long-haul fibers, discussed a redundant
telephone path out of Estes Park with Kimberly Culp of LETA, and plan to bring
regional officials to visit the Economic Development Corporation (EDC). CDOT
continues to move forward with plans to install a new fiber circuit between Estes
Park and Lyons/Longmont and is interested in developing alternatives for use
with the Platte River Power Authority. Crowncastle, who would install cell phone
Public Safety/Utilities/Public Works Committee – September 11, 2014 – Page 3
towers along Highway 36 in conjunction with CDOT, provided a quote for leasing
dark fiber along this route. Use of the dark fiber by the Town would require a
substantial investment upfront along with substantial monthly fees thereafter. The
EDC scheduled meetings with Baja Broadband to discuss the Town’s needs and
approved a resolution to encourage the Town Board to hold an election next year
to remove Senate Bill 152 constraints.
4. Verbal Updates and Committee Questions – Director Bergsten stated
Superintendent Lockhart would meet with Central Federal Lands next week to
discuss the design of Highway 43. Light and Power would rely on temporary
power lines until a well-defined design is established.
PUBLIC WORKS.
REPORTS.
Reports provided for informational purposes and made a part of the proceedings.
1. Verbal Updates and Committee Questions – Civil Engineer Ash informed the
Committee of attendance at a meeting regarding repairs for Highway 34. CDOT
has started working on concepts for the design and would not be able to begin
construction until Fall 2015. Ash expressed concerns about construction delays
and detours, as the project would cover sixteen miles of reconstruction. The
Public Works Department would continue to attend the meetings to ensure the
Town’s needs are being voiced.
There being no further business, Chair Norris adjourned the meeting at 9:37 a.m.
Barbara Jo Limmiatis, Recording Secretary
Town of Estes Park, Larimer County, Colorado, August 20th, 2014
Minutes of a Regular meeting of the Transportation Advisory Committee of the Town of
Estes Park, Larimer County, Colorado. Meeting held in the Town Hall Rooms 202 &
203, in said Town of Estes Park on the 20th day of August, 2014.
Present: Kimberly Campbell
Cory LaBianca
Stan Black
Ann Finley
Bryon Holmes
Also Present: Greg Muhonen, Public Works Director
Kevin Ash, Public Works Civil Engineer
Jen Imber, Public Works Administrative Assistant
John Ericson, Town Board Liaison
Bob Holcomb, Town Board Trustee
Brian Wells, Town Shuttle Coordinator
Fred Mares
Absent: Belle Morris
Gregg Rounds
Thom Widawski
Chair Campbell called the meeting to order at 12:05 p.m.
GENERAL DISCUSSION
New Public Works Director Greg Muhonen was welcomed by Chair Campbell and the
committee. Director Muhonen spoke briefly of his background as an engineer as well as
transportation projects with which he has been involved. He is excited to engage the
TAC on impending transportation topics such as multimodal issues, bike-friendly
initiatives and the school zone masterplan.
Chair Campbell recently reached out to Elizabeth Fogarty at Visit Estes Park and asked
the committee if they would like to invite Visit Estes Park to speak at a future TAC
meeting. Consensus from the committee was that it would be helpful for Visit Estes Park
to provide input on bike tourists.
Chair Campbell also suggested reaching out to RMNP officials to attend a future
meeting. Director Muhonen agreed it would be productive to invite them to attend and
engage in a discussion regarding the FLAP project.
Ann Finley suggested a shuttle service especially for workers of downtown businesses.
Brian Wells confirmed this is on the list of shuttle objectives and business owners
should contact him directly for more information if they are interested in this service.
Minutes from the July meeting were reviewed by members. It was moved and seconded
(Holmes/Finley) to approve the July minutes, with the motion passing unanimously.
BUS/RV PARKING IN MUNICIPAL LOT
Ann Finley observed that tour buses parking in the Municipal/Library parking lot could
be problematic. Ann stated that groups tended to disembark from buses and head to the
library for bathrooms and information. Improved communication and signage could
direct them to the Visitor Center or Fairgrounds, where the facilities are better suited for
accommodating large groups. It was suggested the Municipal/Library lot be used for
smaller vehicles only, with buses and RVs prevented from entering the lot. Director
Muhonen proposed a constricted access to make it impossible for large vehicles to
enter the lot. Civil Engineer Ash and Director Muhonen will evaluate the existing bus
and RV parking in the lot and report the findings at the September meeting.
Transportation Advisory Committee – August 20th, 2014 – Page 2
COMMITTEE VACANCY
Trustee Ericson updated the committee on the impending interview process for the five
candidates who applied for the vacant position. Official appointment of the new member
will take place at the Town Board meeting on Tuesday, August 26th.
CDBG-DR GRANT OPPORTUNITIES
Fred Mares spoke of upcoming grant opportunities with Colorado’s Community
Development Block Grant – Disaster Recovery (CDBG-DR) and presented two
proposals that fit into the scope of the grant and could be beneficial to the community.
One concept was for an Estes Park employment, transportation and rental office; the
other was a workforce transit system linking Estes Park with Front Range public
transportation. Mr. Mares discussed both proposals with the committee, answering
questions and noting feedback from committee members.
Mr. Mares will submit both proposals to DOLA for assessment to determine if a formal
application should be submitted to pursue funding. The committee asked to be informed
of the response to the proposals and would like to keep this as a topic of discussion at
future meetings, beginning in September.
More information about CDBG-DR may be found at http://dola.colorado.gov/cdbg-dr/
DOWNTOWN BIKE LANES
Bryon Holmes reflected on his recent experience visiting the bike-friendly community of
Long Beach, CA. The city has a stretch of highway through a section much like the
Estes Park downtown district, with a high volume of traffic traveling along a shop-lined
street. They created a shared lane for both bikes and cars and lowered the speed limit
so bicycles and cars were traveling at approximately the same speed of 20 mph.
Effective signage, lane colors and education all played a role in the success of this
concept.
Chair Campbell adjourned the meeting at 1:58 p.m.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 1
August 19, 2014
Board Room, Estes Park Town Hall
Commission: Chair Betty Hull, Commissioners Doug Klink, Charley Dickey, Kathy Bowers,
Nancy Hills, Steve Murphree, Wendye Sykes
Attending: Chair Hull, Commissioners Klink, Bowers, Dickey, Hills, and Murphree
Also Attending: Senior Planner Dave Shirk, Town Board Liaison John Phipps, Larimer County
Liaison Michael Whitley, and Recording Secretary Karen Thompson
Absent: Commissioner Sykes
Chair Hull called the meeting to order at 1:30 p.m. There were two people in attendance. Each
Commissioner was introduced. Chair Hull explained the process for accepting public comment at
today’s meeting. The following minutes reflect the order of the agenda and not necessarily the
chronological sequence.
1. PUBLIC COMMENT
None.
2. CONSENT AGENDA
A. Approval of minutes, July 15, 2014 Planning Commission meeting.
It was moved and seconded (Hills/Murphree ) to approve the consent agenda as presented and
the motion passed unanimously.
3. AMENDED PLAT OF LOTS 1 & 2, KENOFER ADDITION, 582 Audubon Street
Senior Planner Shirk reviewed the staff report. The owner of both Lots 1 & 2, Pamela
Shindeldecker, desires to move an internal lot line between two lots of record to allow for a
proposed attached garage addition to an existing single‐family home on one of the lots. The lots
are zoned E‐1–Estate. No new lots are being created. The Planning Commission is the
recommending body for this application, with the Town Board making the final decision. The
application was routed to all affected agencies and adjacent property owners, and no comments
were received. The western lot has the existing dwelling, and there are no plans to build on the
eastern lot at this time. By amending the plat, the building site for the eastern lot would be
moved down the hill, which is preferred by the Town.
Planner Shirk stated there were some minor conditions of approval, listed below. The owner and
applicant were in agreement with the recommended conditions of approval.
Public Comment
Amy Plummer/applicant representative stated the owner agreed with the conditions of approval.
The building site for Lot 1A would be smaller, but there were no concerns about the decrease in
size.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 2
August 19, 2014
Board Room, Estes Park Town Hall
Public comment closed.
Staff and Commission Discussion
Commissioner Murphree stated he was the builder of this home, and wanted clarification as to
whether or not it would be a conflict of interest to vote on the amended plat. It was determined
his association with the property was not a conflict of interest.
Staff Findings
1. The Amended Plat application complies with EVDC Section 3.9.E Subdivision Standards for
Review.
2. The Planning Commission is the Recommending Body to the Town Board for the proposed
Amended Plat.
3. If revised to comply with recommended conditions of approval, the application will
comply with applicable sections of the Estes Valley Development Code.
4. Approval of this application will not be materially detrimental to the public welfare,
injurious to other property in the neighborhood, or in conflict with the purposes and
objectives of the EVDC.
Conditions of Approval
1. The plat shall be amended to include water service information on the preliminary plat
(EVDC Section 7.12 Adequate Public Facilities)
2. The second note under Notice of Approval on the plat shall be replaced with the following
(EVDC Section 3.9.D.1.b):
“Boundary lines indicated on this map are adjustments of formal boundary lines of the
property depicted hereon. Such adjustments do not create additional lots or building sites
for any purposes. The area added to each lot shown hereon by such adjustment is to be
considered an addition to, shall become a part of, and shall be conveyed together with,
each lot as shown.”
3. The waterline centerline just north of the subject lots on the final plat shall be removed.
4. The current zoning shall be removed on the final plat.
It was moved and seconded (Bowers/Klink) to recommend approval of the Amended Plat of Lots
1 & 2, Kenofer Addition to the Town Board with the findings and conditions recommended by
staff and the motion passed unanimously.
4. REPORTS
A. Senior Planner Shirk reported the Joint Work Session is scheduled for Wednesday, October
15, 2014 at the Estes Park Museum. The meeting will be from 2:00 – 4:00 p.m. This
meeting will include the Planning Commission, Town Board, and County Commission.
B. Senior Planner Shirk reported the quarterly meeting with Larimer County Planning Staff is
scheduled for September 22, 2014. The agenda for the Joint Study Session will be finalized
at this meeting.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 3
August 19, 2014
Board Room, Estes Park Town Hall
C. Senior Planner Shirk reported a pre‐application meeting is scheduled for next week for the
proposed YMCA Mountain Center. This new development complies with YMCA Master
Plan approved several years ago. The proposed Mountain Center would be the point of
origin for outdoor activities (hiking, fishing, horseback riding, etc.). It would include a
climbing wall, and a 50‐60 space parking area. It would be located near the Upper
Cookout area in the northern section of the property. The reviews of lighting and
stormwater will be areas of interest.
D. Senior Planner Shirk reported the Town Board would review the third Supplemental
Condominium Map for The Lodges at Black Canyon Inn Condominiums on August 26,
2014. Several buildings will be condominiumized to allow for individual owners, including
the restaurant.
E. Senior Planner Shirk reported the Bylaws for the Board of Adjustment were being
reformatted to be consistent with other Town Bylaws. The Town Board and County
Commission would be the decision‐making bodies, with the Estes Valley Board of
Adjustment planning to adopt the revisions at their September 9, 2014 meeting.
F. Senior Planner Shirk reported there were three variance requests that will be heard by the
Board of Adjustment in September, as follows:
1. Remove a patio and replace it with a deck on Big Horn Drive. Entire patio is in the
setback.
2. Remove and replace a deck on Fall River Court. The construction project is being
filmed by Mega Decks.
3. A request by the owners of Sombrero Ranch to expand their commercial use. They
desire to store 10 years of material on site to be used for trail repair. This request is
beginning to generate some concerns by the neighbors. Staff is coordinating with
Larimer County Engineering on this request, especially concerning road and erosion
issues.
G. Senior Planner Shirk reported the Transportation chapter of the Estes Valley
Comprehensive Plan will be presented to the Planning Commission in October. In 2004,
the Town Board adopted the Transportation Alternatives Plan, and the Comprehensive
Plan will be altered to reference the current plan.
H. Senior Planner Shirk reported Larimer County sponsored a Flood Expo at the Multi‐
Purpose Event Center on August 16, 2014. The morning hours saw the most activity. Thirty
to forty agencies were represented.
I. Senior Planner Shirk reported the River Advisory Committees continue to work on the
Master Plan process. Plans are moving forward and the hope is to have the plans complete
by September or October of this year. It is a slow process, but attention to detail is
necessary with federal funding.
J. Chair Hull reported she and Vice‐Chair Bowers will not be in attendance at the September
meeting. Commissioner Klink will be the Chair Pro Temp for the September meeting.
RECORD OF PROCEEDINGS
Estes Valley Planning Commission 4
August 19, 2014
Board Room, Estes Park Town Hall
There being no further business, Chair Hull adjourned the meeting at 1:50 p.m.
___________________________________
Betty Hull, Chair
___________________________________
Karen Thompson, Recording Secretary
Page 1
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Jackie Williamson
Date: September 23, 2014
RE: Liquor Licensing: Transfer of Ownership from M&S, Inc., dba THE
OVERLOOK BAR & GRILLE, to La Sierra, LLC dba LA HACIENDA BAR
AND GRILL, 165 Virginia Drive #18-1 and #18-2, Tavern Liquor License.
Objective:
Transfer an existing liquor license located at 165 Virginia Drive to the applicant, La
Sierra, LLC.
Present Situation:
A Tavern Liquor License is currently held at the location referenced above by M&S, Inc.,
dba The Overlook Bar & Grille. The applicant is requesting a transfer of the liquor
license and submitted a complete application to the Town Clerk’s office on July 23,
2014. A temporary permit was issued on July 24, 2014. The temporary permit
authorizes the transferee to continue the sale of alcohol beverages as permitted under
the permanent license while the application to transfer ownership of the license is
pending.
The applicant has submitted all necessary paperwork and fees and is aware of the TIPS
training requirement.
Proposal:
Town Board review and consideration of the application to transfer the existing license
to La Sierra, LLC, dba LA HACIENDA BAR AND GRILL.
Advantages:
The transfer of the license provides the business owner with the opportunity to continue
operating an existing, liquor-licensed establishment without an interruption of service to
its clientele.
Disadvantages:
The business owner is denied the opportunity to continue operating an existing liquor-
licensed business during the licensing process.
Action Recommended:
Approval to transfer the existing Tavern license to La Sierra, LLC.
Town Clerk’s Office Memo
Page 2
Budget:
The fee paid to the Town of Estes Park for a Tavern Liquor License transfer is $1319.
The fee covers the administrative costs related to processing the application,
background checks, and business licensing. In addition, the renewal fee payable to the
Town for a Tavern Liquor License is $869 per year.
Level of Public Interest:
Low
Sample Motion:
I move to approve/deny the Transfer Application for a Tavern Liquor License filed by La
Sierra, LLC dba LA HACIENDA BAR AND GRILL.
April 2003
PROCEDURE FOR TRANSFER OF LIQUOR LICENSE
TOWN CLERK.
Will present the application and confirm the following:
The application was filed July 23, 2014 .
The Town has received all necessary fees and hearing costs.
The applicant is filing as an LLC .
There is a police report with regard to the investigation of the applicants.
Status of T.I.P.S. Training:
X Unscheduled Completed Pending Confirmation
MOTION:
I move to approve/deny the Transfer Application for a Tavern Liquor License filed by La
Sierra, LLC doing business as LA HACIENDA BAR AND GRILL.
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Phil Kleisler, Planner II
Date: September 23, 2014
RE: AMENDED PLAT, Lots 1 & 2, Kenofer Addition, 582 Audubon Street,
Devin Jacobs/Applicant. Planner Kleisler.
Objective:
Review of the minor subdivision application for compliance with the Estes Valley
Development Code (EVDC).
Present Situation:
The two subject lots were annexed into to
the Town in January 1994. Access to both
lots is through a 30’ access easement from
Audubon Street (Crags Subdivision) and
both are served by public utilities. The
applicant owns both lots, which are zoned E-
1 Estate and located within the town limits.
A single family home exists on Lot 2 and Lot
1 is currently undeveloped.
Proposal:
The application proposes to move an
internal lot line between two lots of record to
allow for an addition to the residential home
on Lot 2. No new lots are being created.
This application will retain what appears to
be a suitable building site on the north end of
Lot 1.
The proposed principal use, classified as “Single Family Dwelling,” is a use permitted
by right in the E-1 Estate district. While there is no increase in density proposed with
this application, it will provide greater flexibility for an addition to the home on Lot 2.
Advantages:
Complies with EVDC.
Current
internal lot line
Proposed
amendment
Would advance the purpose of subdivision standards by providing lots of reasonable
utility and livability.
An advantage to the property owner is this would provide greater flexibility for an
addition to their home.
Disadvantages:
This application creates an unusual lot configuration. However, through a site visit it
does not appear to prevent future development on Lot 1.
Action Recommended:
On August 19, 2014, the Estes Valley Planning Commission voted 6-0 (one absent) to
recommend approval of the Amended Plat of Lots 1 & 2, Kenofer Addition subject to the
following conditions:
1) The plat shall be amended to include water service information on the preliminary
plat (§7.12 Adequate Public Facilities)
2) The second note under Notice of Approval on the plat shall be replaced with the
following (§3.9.D.1.b):
“Boundary lines indicated on this map are adjustments of formal boundary lines of
the property depicted hereon. Such adjustments do not create additional lots or
building sites for any purposes. The area added to each lot shown hereon by such
adjustment is to be considered an addition to, shall become a part of, and shall be
conveyed together with, each lot as shown.”
3) The waterline centerline just north of the subject lots on the final plat shall be
removed.
4) The current zoning shall be removed on the final plat.
*Notes: All conditions have been satisfied.
Planning Commission minutes dated August 19, 2014 are part of tonight’s Town
Board package.
Budget:
N/A
Level of Public Interest:
Low. The Planning Commission received no comments for this item during the public
hearing and no written comments have been received.
Sample Motion:
I move to recommend APPROVAL (or denial) the Amended Plat application, with the
findings and conditions recommended by the Planning Commission.
Attachments:
1. Proposed Amended Plat - Preliminary
2. Proposed Amended Plat - Final
3. Planning Commission Staff Report
ESTES VALLEY PLANNING COMMISSION
MEETING DATE & LOCATION: August 19, 2014, 1:30 PM; Board Room,
Town Hall, 170 MacGregor Avenue
APPLICANT REQUEST: Amended Plat application review and approval.
STAFF OBJECTIVE: Review for compliance with the Estes Valley
Development Code (EVDC) and provide a recommendation to the Planning
Commission.
PLANNING COMMISSION OBJECTIVE: Review for compliance with the
Estes Valley Development Code:
(1) Provide a recommendation to the Town Board of approval or
denial of the Amended Plat.
LOCATION: 582 Audubon Street
OWNER/APPLICANT: Pamela Shindeldecker/Same
CONSULTANT/ENGINEER: Primary Contact: Amy Plummer, Van Horn
Engineering
REPORT SUMMARY:
The application proposes to move an internal lot line between two lots of
record to allow for a proposed addition on one of the lots. No new lots are
being created.
Staff has reviewed the application for compliance with the Estes Valley
Development Code and finds that if revised to comply with recommended
conditions of approval, the application will comply with applicable sections
of the Estes Valley Development Code. Therefore, staff recommends
approval of the application, subject to conditions described in the staff
report.
Lots 1 &2, Kenofer Addition Amended Plat
Estes Park Community Development Department, Planning Division
Room 230, Town Hall, 170 MacGregor Avenue
PO Box 1200, Estes Park, CO 80517
Phone: 970-577-3721 Fax: 970-586-0249 www.estes.org
Estes Valley Planning Commission, August 19, 2014 Page 2 of 6
Kenofer Addition Amended Plat
CONTENTS
SITE DATA MAP AND TABLE: .................................................................... 3
PROJECT DESCRIPTION/BACKGROUND: ............................................... 4
STANDARDS FOR REVIEW/REVIEW PROCESS: ..................................... 4
REVIEWING AGENCY COMMENTS: ......................................................... 4
PUBLIC COMMENTS: ................................................................................. 4
STAFF REVIEW: ......................................................................................... 5
STAFF FINDINGS ....................................................................................... 5
RECOMMENDATION .................................................................................. 6
Estes Valley Planning Commission, August 19, 2014 Page 3 of 6
Kenofer Addition Amended Plat
SITE DATA MAP AND TABLE:
Parcel Number(s):
35253-240-02/-01
Lot Area:
Current:
Lot 1 (western): 1.733 acres
Lot 2 (eastern): 1.729 acres
Proposed:
Lot 1A: 1.696 acres
Lot 2A: 1.766 acres
*Minimum Lot Size: 1 acre
Existing Land Use:
Lot 1: Vacant
Lot 2: Single Family Residential
Proposed Land Uses: Same
Hazards/Physical Features Mapped on this Site?
Wildfire Hazard Roughly 30’ south of existing home.
Geologic Hazard Steep slopes roughly 190’ south of
existing home.
Wetlands No
Streams/Rivers No
Ridgeline Protection No
Wildlife Habitat No
Project
Site
Residential/Accommodations
Crags Subdivision
Single Family
Residential
Estes Valley Planning Commission, August 19, 2014 Page 4 of 6
Kenofer Addition Amended Plat
PROJECT DESCRIPTION/BACKGROUND:
Present Situation:
The purpose of this application is to adjust an interior lot line between two
lots of record to allow for an addition to a single family home.
The two subject lots were annexed into to the Town in January 1994.
Access to both lots is through a 30’ access easement from Audubon Street
(Crags Subdivision) and both are served by public utilities. Both of the lots
are owned by the applicant, zoned E-1 Estate and located within the town
limits.
STANDARDS FOR REVIEW/REVIEW PROCESS:
Applicable standards for review are:
Minor Subdivision, Amended Plat (§3.9.E): Per Section 3.9.E of the
EVDC, all subdivision applications shall demonstrate compliance with the
standards and criteria set forth in Chapter 10, “Subdivision Standards,” and
all other applicable provisions of this Code.
Section 3.9 requires the planning commission find that approval will not be
materially detrimental to the public welfare, injurious to other property in the
neighborhood, or in conflict with the purposes and objectives of this Code.
Decision-Making Body: Estes Park Board of Trustees
REVIEWING AGENCY COMMENTS:
This request has been submitted to reviewing agency staff for consideration
and comment. Memos are included as part of this staff report.
Town of Estes Park Community Development memo dated
August 6, 2014 (revised).
PUBLIC COMMENTS:
In accordance with the notice requirements in the Estes Valley
Development Code, legal notices were published in the Estes Park Trail-
Gazette and postcards were mailed to all property owners within 500 feet of
the property directly notifying these owners of the public hearings.
As of August 7, 2014 no written comments have been received for this
application. Written comments will be posted to
www.estes.org/currentapplications if received.
Estes Valley Planning Commission, August 19, 2014 Page 5 of 6
Kenofer Addition Amended Plat
STAFF REVIEW:
Use, Density and Dimensional Standards
The site plan demonstrates compliance with density and dimensional
standards.
Use (EVDC §4.3)
The proposed principal use, classified as “Single Family Dwelling”, is a
use by permitted by right in the E-1 Estate district.
Density (EVDC §4.3)
No increase from the one (1) single family dwelling is proposed on Lot 2
and no development is proposed for Lot 1 at this time.
Dimensional Standards (EVDC §4.3)
The current and proposed lot configurations comply with the minimum lot
size and width.
Adequate Public Facilities (EVDC §7.11)
Adequate services and facilities are available to serve the lots through a 15’
utility easement.
No new easements will be dedicated with this plat.
Estes Valley Comprehensive Plan
The subject property is in the Beaver Point planning area. A key issue
(“Key Issue #7”) speaks to steep slopes on the north side of Prospect
Mountain that are visually prominent in the area; as such, development in
these areas would impact visual quality. Because only a minor addition to
an existing single family home is proposed, it is unlikely that visual quality
will be impacted as a result of this application.
Subdivision Purpose
One of the purposes of our subdivision standards is to achieve “individual
property lots of reasonable utility and livability.” The application proposes to
enhance the livability of Lot 2 through an addition, while still providing for a
suitable building area on Lot 1.
STAFF FINDINGS:
Based on the foregoing, staff finds:
1. The Amended Plat application complies with EVDC §3.9.E. Subdivisions
Standards for Review.
Estes Valley Planning Commission, August 19, 2014 Page 6 of 6
Kenofer Addition Amended Plat
2. The Planning Commission is the Recommending Body to the Town
Board for the proposed Amended Plat.
3. If revised to comply with recommended conditions of approval, the
application will comply with applicable sections of the Estes Valley
Development Code.
4. Approval of this application will not be materially detrimental to the
public welfare, injurious to other property in the neighborhood, or in
conflict with the purposes and objectives of the EVDC.
RECOMMENDATION: Staff recommends APPROVAL of Amended Plat of
Lots 1 & 2, Kenofer Addition subject to the following conditions:
1) The plat shall be amended to include water service information on the
preliminary plat (§7.12 Adequate Public Facilities)
2) The second note under Notice of Approval on the plat shall be replaced
with the following (§3.9.D.1.b):
“Boundary lines indicated on this map are adjustments of formal
boundary lines of the property depicted hereon. Such adjustments do
not create additional lots or building sites for any purposes. The area
added to each lot shown hereon by such adjustment is to be considered
an addition to, shall become a part of, and shall be conveyed together
with, each lot as shown.”
3) The waterline centerline just north of the subject lots on the final plat
shall be removed.
4) The current zoning shall be removed on the final plat.
SAMPLE MOTION:
I move to recommend APPROVAL (or denial) the Amended Plat
application, as described in the staff report, with the findings and conditions
recommended by staff.
COMMUNITY DEVELOPMENT Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Philip J. Kleisler, Planner II
Date: September 23, 2014
RE: CONDOMINIUM MAP, Supplemental Condominium Map, Phase XXVI,
Park River West Condominiums, 604, 606, & 608 Park River Place;
Crystal Wille/Applicant. Planner Kleisler.
Objective:
Review of the supplemental condominium application for compliance with the Estes
Valley Development Code (EVDC), approved development plan and condominium map.
Present Situation:
The site is located along Moraine Avenue
adjacent to River Rock Condominiums to the
east and Mountain River Townhomes to the
west. Lots 1 and 2 of the Park River West
Subdivision are zoned RM–Multi-Family
Residential. The condominium map is
consistent with the approved development plan.
The Park River West development plan was
approved by the Estes Valley Planning
Commission in August 2001, with the associated
condominium map approved in April 2002. The
Development Plan allows for the construction of
68 condominium units through 4 triplexes and 28
duplexes. Two units remain to be built and
condominiumized following the approval of this
Supplemental Condominium Map.
Pursuant to state law, condominium units may
not be finalized until the units are substantially
complete. Because of this, final supplemental
maps will be submitted as the project builds out.
According to the procedure set forth in the Estes
Valley Development Code, the Final
Condominium map proceeds directly to the
Board and is not reviewed by the Planning
Commission.
This proposal complies the applicable standards of the EVDC, specifically:
Section 3.9.E “Standards of Review” for subdivisions, and Section 10.5.H
“Condominiums, Townhouses and Other Forms of Airspace Ownership.”
Proposal:
The applicant proposes to condominiumize a triplex containing three units numbered
604, 606 and 608. Approval of this map will allow for the sale of these units.
This supplemental map is consistent with development plan and initial condominium
map.
Advantages:
Complies with Estes Valley Development Code.
Complies with original condominium map.
Complies with development plan.
Allow sale of individual units.
Disadvantages:
None
Action Recommended:
Staff recommends approval of the proposed supplemental condominium map.
Budget:
Not applicable
Level of Public Interest
Low
Sample Motion:
I move to approve (or disapprove) the Park River West Supplemental Condominium
Map, Phase XXVI.
Attachments:
1. Proposed map
2. Application
PUBLIC WORKS Memo
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE, Special Projects Manager
Date: September 23, 2014
RE: Construction contract award flood Repair Projects
Objective:
To update the Town Board and the public on the results of the bid opening for flood
related restoration project. Also seek authorization to award and proceed with
construction of the repairs.
Background:
The Bid opening for numerous flood repairs across the community roads and drainages
was conducted on August 6th, 2014. Osmun Inc. was determined to be the lowest
responsible bidder. These projects consist of numerous repairs located throughout the
community.
The projects are locations that both FEMA and FHWA had determined as damaged
areas that would be eligible for reimbursement. It is important to point out that these
projects are areas of damage beyond the Fish Creek project currently in design as a
collective restoration effort by an intergovernmental agreement (IGA). The IGA with
affected governmental and local districts which suffered losses along Fish Creek is
separate from this list of projects.
These additional sites of damage were packaged together to reduce construction and
administrative costs. If approved and awarded this project could see substantial
completion before winter conditions stop work. As always progress will be contingent on
favorable fall weather conditions. Staff will update the progress of the work through the
Public Information Office. Location descriptions and costs are as follows.
Staff has evaluated the submitted bids and makes a recommendation for award to the
lowest responsible bidder Osmun Inc. Staff has determined that the contract amount for
these projects would be $ 845,076.50. Adding a 10 % contingency for contract
modifications the project budget for Osmun Inc. portion of the work is $ 929,600.00
Schedule:
Pending approval from the Town Board on September 23, 2014 a Notice to proceed for
construction will be issued with a September 29th, 2014 start date. Construction is
currently scheduled for substantial completion on November 27th, 2014 with favorable
weather conditions.
Budget:
Pending Town Board approval, a contract will be executed with Osmun Inc. for
$845,076.50. These Funds will be paid out of the flood recovery funds budgeted and to
be reimbursed by FEMA, FHWA and the State of Colorado. The Town of Estes Park’s
contribution is expected to be about 12.5% of the cost of the projects.
Recommendation:
I recommend the award /denial of the construction contract for Flood Repair projects to
Osmun Inc. with a not-to-exceed fee of $ 929,600.00.
··~ =? RG AND AssocunEs, LLC
ITEM I DESCRIPTION
I
BID SCHEDULE
1 I REMOVAL OF ASPHALT MAT
-·-2 -!sAWING CONCRETE (61NCH)
r--·-·----l.
3 j SAWING ASPHALT MATERIAL (61NCH)
4 I UNCLASSIFIED EXCAVATION
1---5 ~OSION LOG (8 INCH)
6 I EROSION CONTROL SUPERVISOR
f--· 7 jAGGREGATE BASE COURSE (CLASS 6)
8 I RECONDITIONING
9 J HOT MIX ASPHALT (GRADING S) (75) (PG 58-28)
----~~---tOT MIX ASPHALT (GRADING SX) (7_5) (PG 58-34)
11 CONCRETE PAVEMENT (61NCH)
----·-···-L r---~--_i~~RB AND GUTIER TYPE 2 (SECTION 11-M)
13 I CONSTRUCTION SURVEYING (HOURLY)
---· --------L-----
--~-~BILIZATION (ESTPK05-02)
15 I FLAGGING
------16·---r-rRAFFIC CONTROL MANAGEMENT
ITEM [ DESCRIPTION
I
BID SCHEDULE
4.B ~~~CLASSIFIED EXCAVATION
1
__ _ ~:.B . __ !j_QJ:_~I~ ASPH~ (GRADING S) (&%) (PG 58-28)
11.B CONCRETE PAVEMENT (61NCH)
QTY
460
120
160
322
500
12
245
1,395
133
133
180
696
20
1
40
5
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0102 ESTPK05-Site02 Brook Court
OSMUN
UNIT UNIT PRICE SUBTOTAL
SY $ 12.84 $ 5,906.40
LF $ 10.00 $ 1,200.00
LF s 10.00 $ 1,600.00
CY $ 40.00 $ 12,880.00
LF s 7.18 s 3,590.00
HOUR $ 110.00 $ 1,320.00
CY $ 33.72 s 8,261.40
SY $ 5.85 $ 8,160.75
TON $ 150.00 $ 19,950.00
TON $ 150.00 $ 19,950.00
SY $ 70.20 s 12,636.00
LF $ 16.00 $ 11,136.00
HOUR $ 110.00 $ 2,200.00
LS $ 3,500.00 $ 3,500.00
HOUR s 59.00 s 2,360.00
DAY $ 390.00 $ 1,950.00
TOTAL $ 116,600.55
ACA PRODUCTS
UNIT PRICE SUBTOTAL
$ 15.24 $ 7,010.40
$ 29.71 $ 3,565.20
$ 18.69 s 2,990.40
$ 47.83 $ 15,401.26
$ 6.87 s 3,435.00
$ 65.27 $ 783.24
$ 62.08 s 15,209.60
s 10.67 $ 14,884.65
$ 144.46 $ 19,213.18
$ 208.12 s 27,679.96
$ 160.70 s 28,926.00
$ 50.33 $ 35,029.68
$ 233.26 s 4,665.20
$ 44,140.95 s 44,140.95
s 69.69 s 2,787.60
s 1,189.88 $ 5,949.40
$ 231,671.72
BID TABULATION --ALTERNATIVE A REPLACING BID ITEMS #4, 9 & 1 0
QTY
465
12
1,200
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.01 02 ESTPK05-Site02 Brook Court
OSMUN
UNIT UNIT PRICE SUBTOTAL
CY s 40.00 $ 18,600.00
TON s 150.00 $ 1,800.00
SY $ 70.20 s 84,240.00
TOTAL $ 104,640.00
ACA PRODUCTS
UNIT PRICE SUBTOTAL
s 72.91 s 33,903.15
s 313.73 $ 3,764.76
$ 61.57 $ 73,884.00
$ 111,551.91
AVERAGE
UNIT PRICE SUBTOTAL
$ 14.04 $ 6,458.40
s 19.86 s 2,382.60
$ 14.35 s 2,295.20:
$ 43.92 $ 14,140.63
s 7.03 s 3,512.50 I
$ 87.64 $ 1,051.62
s 47.90 s 11,725.92 l
$ 8.26 $ 11,522.70 I
$ 147.23 $ 19,581.591
$ 179.06 $ 23,814.98[
$ 115.45 $ 20,781.00
$ 33.17 $ 23,082.84
$ 171.63 $ 3,432.60
$ 23,820.48 s 23,820.48
s 64.35 $ 2,573.80
$ 789.94 s 3,949.70
$ 174,126.56 1
AVERAGE
UNIT PRICE SUBTOTAL
I
s 56.46 s 26,251.58
s 231.87 $
----------1
2,782.38
$ 65.89 s 79,062.00
$ 108,095.96
I ...,.... ---TOTAL WITH BID ALTERNATE A $ 175,774.55 I$ 279,683.191 $--108,095.961
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
2 RG AND AssociATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.01 03 ESTPK05-Site03 Brook Drive Patch
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1 ~MOVALOFASPHALTMAT 74 SY $ 12.84 $ 950.16 $ 25.29 $ 1,871.46 $ 19.07 $ 1,410.81
t=-~-=--~AWINGASPHALTMATERIAL(61NCH) 80 LF $ 10.00 $ 800.00 $ 9.17 $ 733.60 $ 9.59 $ 766.80
3 I UNCLASSIFIED EXCAVATION 17 CY $ 40.00 $ 680.00 $ 51.31 $ 872.27 $ 45.66 $ 776.14
___ 4 ____ tffiOSION LOG (81NCH) -20 LF $ 7.18 $ 143.60 $ 26.61 $ 532.20 $ 16.90 $ 337.90
-----··----·-l----
5 i EROSION CONTROL SUPERVISOR 1 HOUR $ 110.00 $ 110.00 $ 65.27 $ 65.27 $ 87.64 $ 87.64
----6 ---[AGGREGATE BASE COURSE (CLASS 6) 13 CY $ 33.72 $ 438.36 $ 56.01 $ 728.13 $ 44.87 S 583.25
==:c-_jRECONDITIONING__________ 74 SY $ 5.85 $ 432.90 $ 7.73 $ 572.02 $ 6.79 $ 502.46
8 IHOTMIXASPHALT(GRADINGSX)(75)(PG58-34) 17 TON s 150.00 $ 2,550.00 s 204.14 s 3,470.38 s 177.07 s 3,010.19
9 I CONSTRUCTION SURVEYING (HOURLY) 1 HOUR $ 110.00 $ 110.00 $ 1,562.60 $ 1,562.60 $ 836.30 $ 836.30 1------f-I
10 !MOBILIZATION (ESTPK05-03) 1 LS $ 1,500.00 $ 1,500.00 $ 2,939.70 $ 2,939.70 $ 2,219.85 $ 2,219.851
------+------~~-~AGGING 8 HOUR $ 59.00 $ 472.00 $ 69.69 $ 557.52 $ 64.35 $ 514.761
12 I TRAFFIC CONTROL MANAGEMENT 1 DAY $ 390.00 $ 390.00 $ 1,189.88 $ 1,189.88 $ 789.94 S 789.94 1
TOTAL ' $ ·--:,1 .. >. ·tr · ,-._ . 8,577.02 I $ 15,095.03 I $ 11,836.03
R:\0951 -Town of Estes Park\001 0 -2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
.. 7
k:_" . ." RG AND A ssoc~ATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.01 04 ESTPK06-Site01 Fall River Court Bridge
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1 [REMOVAL OF DEBRIS + 1 LS $ 400.00 $ 400.00 $ 555.30 $ 555.30 $ 477.65 $ 477.65 1
--2 ·---rREMOVAL OF ASPHALT MAT 27 SY $ 12.84 $ 346.68 $ 20.57 $ 555.39 $ 16.71 $ 451.04 1 1------+-
1---~----~-AWING ASPHALT MATERIAL (61NCH) 55 LF $ 10.00 $ 550.00 $ 10.27 $ 564.85 $ 10.14 $ 557.43
-----~---~CLASSIFIED EXCAVAT_ION 6 CY $ 40.00 $ 240.00 $ 114.67 $ 688.02 $ 77.34 $ 464.01 1
5 ! EMBANKMENT MATERIAL (COMPLETE IN PLACE) 60 CY $ 45.56 $ 2,733.60 $ 115.68 $ 6,940.80 $ 80.62 $ 4,837.20 1
=~=-f~-~-~OSION LOG (8 INCH) 20 LF $ 5.18 $ 103.60 $ 8.39 $ 167.80 $ 6.79 $ 135.70
7 i EROSION CONTROL SUPERVISOR 6 HOUR $ 110.00 $ 660 .00 $ 130.54 $ 783.24 $ 120.27 $ 721.62 --·-------!----·· -I
8 IRESETGUARDRAIL TYPE3 30 LF $ 14.72 $ 441.60 $ 66.13 $ 1,983.90 $ 40.43 $ 1,212.75 1
---·9 -isEEDING (NATIVE) 0.1 ACRE $ 7,200.00 $ 720.00 $ 7,313.20 $ 731.32 $ 7,256.60 $ 725.66 , ________ -1----I
10 !MULCHING (WEED FREE HAY) 0.1 ACRE $ 2,700.00 $ 270.00 $ 9,774.70 $ 977.47 $ 6,237.35 $ 623.74 1
--11 --TAGGREGATEBASECOURSE(CLASS6) 5 CY $ 33 .72 $ 168.60 $ 217.51 $ 1,087.55 $ 125 .62 $ 628 .08
---,2--~R-ECONDITIONING 27 SY $ 5.85 $ 157.95 $ 7.79 $ 210.33 $ 6.82 $ 184.14
----,3-·-fHoT MIX ASPHALT (GRADING 5X) (75) (PG 58-34) 9 TON $ 150.00 $ 1,350.00 $ 295.02 $ 2,655.18 $ 222.51 $ 2,002.59
----14 ---rcoNSTRUCTIONSURVEYING(HOURLY) 3 HOUR $ 110.00 $ 330.00 $ 597.48 $ 1,792.44 $ 353.74 $ 1,061.22
1 LS $ 1,350.00 $ 1,350.00 $ 6,199.66 $ 6,199.66 $ 3,774.83 $ 3,774.83 ----~~---_l ~OBILIZATION (ESTPK06-01)
FLAGGING
---
1 7 TRAFFIC CONTROL MANAGEMENT
24 HOUR I $ 59.00 I $ 1,416.00 I $ 69.691 $ 1,672.561 $ 64.35 1 $ 1 ,544.281
3 DAY $ 390.00 $ 1 I 170.00 $ 1,189.88 I $ 3,569.64 s 789.94 $ 2,369.82
16
TOTAL $ 12,408.03 I $ 31,135.45 I $ 13,021.59
•0
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
7 I£:_.-' RG AND A.ssociATEs, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.01 OS ESTPK06-Site02 Fall River Drive (Uphill)
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1 ICLEARINGANDGRUBBING 0.1 ACRE $ 11,000.00. $ . i 1,100.00 $ 64,953.10 $ 6,495.31 $ 37,976.55 $ 3,797.66
'--·--+----.... ___ .--·------··· I
2 !UNCLASSIFIED EXCAVATION 8 CY $ 40.00 $ 320.00 $ 127.27 $ 1,018.16 $ 83.64 $ 669.081
·---·-····------~
3 !TOPSOIL . 14 CY $ 58.87 $ 824.18 $ 155.53 $ 2,177.42 $ 107.20 $ 1,500.80 I ----+---
4 I EROSION LOG (8 INCH) 1 12 LF $ 5.18 $ 580.16 $ 9.72 $ 1,088.64 $ 7.45 $ 834.40 1
------5 -IEROSIONCONTROLSUPERVISOR 10 HOUR $ 110.00 $ 1,100.00 $ 65.27 $ 652.70 $ 87.64 $ 876.35 I
·--------1---~ ____ l SEEDING (NATIVE) 0.1 ACRE $ 7,200.00 $ 720.00 $ 6,374.60 $ 637.46 $ 6,787.30 $ 678.73 1
7 JMULCHING(WEEDFREEHAY) 0.1 ACRE $ 2,700.00 $ 270.00 $ 4,723.50 $ 472.35 $ 3,711.75 $ 371.18 _______ s ___ f soiLRETENTioNBLANKET(BiooEGRADABLEsTRAw;cocoNuT) 210 sy s 18.14 s 4,897.80 s 5.31 s 1,433.70 s 11.73 I s 3,16s.isl
g --~CONSTRUCTION SURVEYING (HOURLY) 2.0 HOUR $ 110.00 $ 220.00 $ 862.22 $ 1,724.44 $ 486.1"1~$------9722.2'
___ 1o ___ j MOBILIZATION (ESTPK06-02) 1.0 LS $ 1,300.00 $ 1,300.00 $ 4,749.88 $ 4,749.88 $ 3,024.94 I $ 3,024.94
11 I FLAGGING -+ 16 HOUR $ 59.00 $ 944.00 $ 69.69 $ 1 I 115 .04 $ 64.35 $ 1,029.52
---12 -~TRAFFIC CONTROL MANAGEMENT 2 DAY $ 390.00 $ 780.00 $ 1,236.82 $ 2,473.64 S-----813~$----1:626.82
TOTAL :,$ '·-r 13,056.141 $ 24,038.74 I $ 18,547.44
R:\0951 -Town of Estes Park\001 0 -2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
·~ RG AND AssociATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0106 ESTPK06-Site03 Fall River Drive (Downhill)
ITEM DE SCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
~-I REMOVAL OF DEBRIS 1 LS $ 1,500.00 $ 1,500.00 $ 3,547.83 $ 3,547.83 $ 2,523.92 $ 2,523.92
------~--_ _LREMOVAL OF ASPHALT MAT 110 SY $ 12.84 $ 1,412.40 $ 16.36 $ 1,799.60 $ 14.60 $ 1,606.00 1 --~--jSAWING ASPHALT MATERIAL (10 INCH) 114 LF $ 13.00 $ 1,482.00 $ 16.65 $ 1,898.10 $ 14.83 $ 1,690.05 1
~---~UNCLASSIFIED EXCAVATION 24 CY $ 40.00 $ 960.00 $ 102.94 $ 2,470.56 $ 71.47 $ 1,715.28
1
5 JEMBANKMENTMATERIAL(COMPLETEINPLACE) 225 CY $ 34.58$ 7,780.50 $ 119.37 $ 26,858.25$ 76.98 $ 17,319.38 1
-6 --isiLT FENCE 57 LF $ 9.70 $ 552.90 $ 4.03 $ 229.71 $ 6.87 · $ 391.31
··--·-··-·--·------r -----1
--~ __ I EROSION CONTROL SUPERVISO R 10 HOUR $ 110.00 $ 1,100.00 $ 65.27 $ 652.70 $ 87.64 $ 876.35
8 SEEDING (NATIVE) 0.1 AC $ 7,200.00 $ 720.00 $ 6,843.90 $ 684.39 $ 7,021.95 $ 702.20
--g --rrviULCHING (WEED FREE HAY) 0.1 AC $ 2,700.00 $ 270.00 $ 5,192.80 $ 519.28 $ 3,946.40 $ 394.64 1
----,-o -jso'IL RETENTION BLANKET (BIODEGRADABLE sTRAw;cocoNuT) 2oo sY s 18.14 s 3,628.oo s 1.2s s 1 ,4so.oo s 12.10 s 2,s39.oo 1
-·-·-1-,. -rAGGREGATEBAsEcouRSE(CL ASS6) 47 cY s 33.72 s 1,584.84 s 64.16 s 3,015.52 s 48.94 s 2,300.18 I
--12--1RE:CONDITIONING 110 SY $ 5.85 $ 643.50 $ 11.16 $ 1,227.60 $ 8.51 $ 935.55
13 I HOT MIX ASPHALT (GRADING SX) (75) (PG 58-34) 25.5 TON $ 150.00 $ 3,825.00 $ 236.10 $ 6,020.55 $ 193.05 $ 4,929.15
-~·--+-----
14 JGUTTER TYPE 2 (3 FOOD 94 LF $ 36.00 $ 3,384.00 $ 89.43 $ 8,406.42 $ 62.72 $ 5,895.21 I
------,-5--TcONSTRUGION SURVEYING (HOURLY) 3 HOUR $ 110.00 $ 330.00 $ 750.69 $ 2,252.07 $ 430.35 $ 1,291.04 1
------+ --
16 IMOBILIZATION(ESTPK06-03) 1 LS $ 1,475.00 $ 1,475.00 $ 17,157.40 $ 17,157.40 $ 9,316.20 ; $ 9,316.20 I
, ____ 17 -lFLAGGING --------·-32 HouR s s9.oo s 1,888.oo s 1s.ss s 2,417.6o s 67 .28[ s· 2,152.8o 1
----,8---lTRAFFICCONTROLMANAGEMENT 4 DAY $ 390.00 $ ·.. ·,, 1,560.00 $ 1,189.88 $ 4,759.52 $ 789 .941 $ 3,159.76 I
TOTAL :$"'"···* ,,,:·::;;:;: ,,,,;:,·ri::34,096.14l $ 85,367.10 I $ 37,922.99
R:\0951 -Town of Estes Park\001 0 -2013 Flood Dalllflge Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
----~
1£::-~_ RG AND AssociATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0107 ESTPK06-Site04 Fall River Drive
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1 I REMOVAL OF TREE STUMP . . 1 EACH s 625.00 s 625.00 s 692.61 s 692.61 s 658.81 s 658.81
1----------~ . . -I
2 !REMOVAL OF SIDEWALK 10 SY s 12.84 $' ' 128.40 s 68.50 s 685.00 s 40.67 s 406.70 I __ .. ____ ........ -+ -. ___ :...,_ __ .:__ ____ _
3 ISAWINGASPHALTMATERIAL(61NCH) 28 LF $ 10.00 $ 280.00 $ 20.20 $ 565.60 $ 15.10 $ 422.80 ·------·-----1--------~----~CLASSIFIED EXCAVATION 2.5 CY $ 40.00 -~~_-<;·,, ~>100.00 $ 216.66 $ 541.65 $ 128.33 $ 320.83 1
5 !EROSION CONTROL SUPERVISOR 1 HOUR $ 110.00 $ 110.00 $ 65.27 $ 65.27 $ 87.64 $ 87.64 1
---6 ·--TSEEDING (NATIVE) 0.1 ACRE S 7,200.00 $ 720.00 $ 6,843.90 S 684.39 S 7,021.95 $ 702.20 = _ _! ___ J SOIL RETENTION BLANKET (BIODEGRADABLE STRAW/COCONUT) 43 SY $ 18.14 $ 780.02 $ 4.96 S 213.28 $ 11.55 $ 496.65
8 i AGGREGATEBASECOURSE(CLASS6) 2.5 CY $ 33.72 $ 84.30 $ 239.76 $ 599.40 $ 136.74 $ 341.85
-·-·--------+
9 I RECONDITIONING
--·--I
10 l HOT MIX ASPHALT (GRADING SX) (75) (PG 58-34)
-----,-,--]GEOTEXTILE (DRAINAGE) (CLASS 1)
---12 --t RlPRAP (241NCH) -------
___ 13--lsofLRIPRAi>(121NCH)
=~--~ii .. =]£0NSTRUCTION SURVEYING (HOURLY)
15 !MOBILIZATION (ESTPK06-04)
~-~~~~-]~GGIN~----
17 [TRAFFIC CONTROL MANAGEMENT
-10.0 SY $ 5.85 $ 58.50 $ 18.00 $ 180.00 $ 11.93 $ 119.25 ---------,----------.--,.--
3 TON $ 150.00 S 3 75 .00 $ 620.46 $ 1 ,551.15 $ 385.23 $ 963.08
105 sy s 5.oo s 525 .oo s 57.49 s -----6,036.45 __ s _______ rus -t--s --3,28o-:-i3·
70 CY $ 156.00 $ 10,920.00 $ 192.10 $ 13,447.00 S -----l74.05 r s-------12,183.50-
24 CY s 112.00 s 2,688.00 $ 278.07 s 6,673.68 s 195.04 I $ 4,680.84
2 HOUR $ 110.00 $ 220.00 $ 838.76 $
1 LS $ 2,100.00 $ 2,100.00 $ 9,665.94 $
24 HOUR $ 59.00 $ 1 ,416.00 $ 69.69 $
3 DAY s 390.00 $ 1 I 170.00 s 1 ,236.82 s
TOTAL $ \: 22i300.22 I $
1,677.52 s ----
9,665.94 s
1,672.56 s
3,710.46 s
48,661.96 I S
474.38 s 948.76
-------1
5,882.97 s 5,882.97
64.35 s 1 ,544.28
813.41 s 2,440.23
24,664.85
R:\0951 -Town of Estes Park\001 0-201 3 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
-7
~-··:: RG AND AssociA1'ESg LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0108 ESTPK06-Site05 Pedestrian Trail off Fall River Rd
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1 ! REMOVAL OF TREE 2 EACH $ 675.00 $ 1,350.00 $ 907.60 $ 1,815.20 $ 791.30 $ 1,582.60 1---------+----~--_l REMOVALOFSIDEWALK 9 SY $ 12.00 $ 108.00 $ 94.55 $ 850.95 $ 53.28 $ 479.48
3 i SAWING CONCRETE (61NCH) 27 LF $ 10.00 $ 270.00 $ 17.42 $ 470.34 $ 13.71 $ 370.17 1------------r
4 j UNCLASSIFIED EXCAVATION 2 CY $ 40.00 $ 80.00 $ 204.91 $ 409.82 $ 122.46 $ 244.91
---~ _ __I EMBANKMENTMATERIAL(COMPLETEINPLACE) 24 CY $ 46.80 $ 1,123.20 $ 193.80 $ 4,651.20 $ ~ $ 2,887.20-
1
6 j~ROSION CONTROL SUPERVISOR 1 HOUR $ 110.00 $ 110.00 $ 65.27 $ 65.27 $ 87.64 $ 87.64
7 I RELAY RIP RAP 4 CY I $ 46.80 $ 187.20 $ 180.71 $ 722.84 $ 113.76 $ 455.02
-----8 --TsEEDING (NATIVE) 0.1 ACRE $ 7,200.00 $ 720.00 $ 6,374.60 $ 637.46 $ 6,787.30 $ 678.73 I
____ g ___ fsoiL RETENTION BLANKET (BIODEGRADABLE STRAW/COCONUD 20 SY $ 18.-14 $ 362.80 $ 65.15 $ 1,303.00 $ 41.65 $ 832.90 1
----10-i AGGREGATEBASECOURSE(CLASS6) I 7 CY $ 33.72 $ 236.04 $ 146.38 $ 1,024.66 $ 90.05 $ 630.35 ---···' ------· -----·-+---
-·--~2_ ---~~P_RAP (24 INCH) 28 CY $ 156.00 ~---~~~~~-:..?.~ $ 162.83 $ 4,559.24 $ 159.42 $ 4,463.62
12 ! SOIL RIPRAP (12 INCH) 21 CY $ 112.00 $ 2,352.00 $ 290.01 $ 6,090.21 $ 201.01 $ 4,221.11
----,-3 ·--+CONCRETESIDEWALK(COLORED) 9 SY $ 87.75 $ 789.75 $ 190.34 $ 1,713.06 $ 139.05 $ 1,251.41
---------1-----·· I
14 !CONSTRUCTION SURVEYING (HOURLY) 2 HOUR $ 110.00 $ 220.00 $ 838.76 $ 1,677.52 $ 474.38 $ 948.761
1----~5 ____ Fos1uzATION (ESTPKo?-o5) .... ~ 1 Ls s 2,1oo.oo s 2,1oo.oo s 7,361.13 s _ 7,361.13 __ s ____ ~3o.s?_J ______ ~_3-~~ 1
16 i FLAGGING 16 HOUR $ 59.00 $ 944.00 $ 69.69 $ 1 I 115.04 $ 64.35 $ 1,029.52
----ll _____ lTRAFFICCONTROLMANAGEMENT 2 DAY $ 390.00 $ 780.00 $ 1,189.89 $ 2,379.78 $ 789.95 $ 1,579.89
TOTAL $ ! ... ,,; 16,100.99 I $ 36,846.72 I $ 18,185.12
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
-=-~ ~~ RG AND AssociATEs, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0109 ESTPK06-Site06 Pedestrian Bridge off West Elkhorn Ave
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
.....________ ___ _ UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1-·-!__-~EMOVAL OF DEBRIS 1 LS $ 720.00 $ 720.00 $ 1,098.01 $ 1,098.01 $ 909.01 $ 909.01
------~-----1~EMOVALOFSIDEWALK 24 SY $ _ 12.00 $ 288.00 $ 94.81 $ 2,275.44 $ 53.41 $ 1,281.72
3 iSAWINGCONCRETE(61NCH) 10 LF $ 10.00 $ 100.00 $ 24.31 $ 243.10 $ 17.16 $ 171.55
··--4 ·--tfrVlBANKMENTMATERIAL(COMPLETEINPLACE) 178 CY $ 34.58 $ 6,155.24 $ 148.93 $ 26,509.54 $ 91.76 $ 16,332.39 ··-·-----·-·-+--~------
5 [STRUCTURAL BACKFILL (CLASS 1) 27 CY $ 34.58 $ 933.66 $ 157.04 $ 4,240.08 $ 95.81 $ 2,586.87
6 jFILTERMATERIAL(CLASSC) 7 CY $ 23.90 $ 167.30 $ 224.09 $ 1,568.63 $ 124.00 $ 867.97 ·-+ I
7 I EROSION LOG (8 INCH) 25 LF $ 5.18 $ 129.50 $ 22.50 $ 562.50 $ 13.84 $ 346.00
8 i EROSION CONTROL SUPERVISOR 5 HOUR $ 110.00 $ 550.00 $ 65.27 $ 326.35 $ 87.64 $ 438 .18
--··--g · ----1 RESET BRIDGE RAILING · -15 LF $ 48.00 , $ 720.00 $ 40.93 $ 613.95 $ 44.47 $ 666.98 -~
10 =]SEEDING CNATIVEl ___________ o.1 ACRE -~----·-7.2oo.oo _ ___£_ 72o.oo s 6,374.6o s -~ 637.~~ 2_ ____ 6,787.3o L-~-----~~!3-l
11 !MULCHING(WEEDFREEHAY) 0.1 ACRE $ 2,700.00 $ 270.00 $ 4,723.50 $ 472.35 $ 3,711.75 $ 371.18
----12 -iGEOTEXTILE (DRAINAGE) (CLASS 1) 94 SY $ 5.00 $ 470.00 $ 33.21 $ 3,121.74 $ 19.11 $ 1,795.87
-~-. . -I
13 i RIPRAP (181NCH) 10 CY $ 136.00 $ 1,360.00 $ 366.21 $ 3,662.10 $ 251.11 $ 2,511.05
---1·4 ··--~CONCRETECLASSD(WALL) 7 CY $ 376.00 $ 2,632.00 $ 1,930.18 $ 13,511.26 $ 1,153.09 $ 8,071.63
---- --··-~ -. . . .. . . . I
15 :REINFORCING STEEL 266 LB $ :•iJ_.,,,,~; . .-::3.38 _$~~:-;:•,\..:.{i:t/899.08 $ 1.77 $ 470.82 $ 2.58 $ 684.95
--16 -·-fc:ONCRETE SIDEWALK 28 SY S ......... ---81:7:2 $ ·:-:·,i~·'J· 2;288.16 $ 209.95 $ 5,878.60 $ 145.84 $ 4,083.38
-·-ll---fcONSTRUCTION SURVEYING (HOURLY) 10 HOUR $ 110.00 $---·-· ~~i~lOQOO $ 351.61 $ 3,516.10 $ 230.81 $ 2,308 .05
~---
18 !MOBILIZATION (ESTPK06-06) 1 LS $ 1,900.00 $ 1,900.00 $ 18,639.13 $ 18,639.13 $ 10,269.57 $ 10,269.57
--i-9 --·-rFLAGGINING 24 HOUR $ 59.00 $ 1,416.00 $ 69.69 $ 1,672.56 $ 64.35 $ 1,544.28
20 jTRAFFICCONTROLMANAGEMENT 3 I DAY I$ 390.00 I$ 1,170.00 I$ 1,189.88 I $ 3,569.641 $ 789.941 $ 2,369.82
TOTAL . $ · · · · 23,988.94 I $ 92,589.36 I $ 28,957.48
R:\0951 -Town of Estes Park\001 0 -2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
·~ RG AND AssociATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0110 ESTPK06-Site07 Spruce Drive Bridge
ITEM DESCRIPTION OSMUN ACA PRODUCTS ".._' A\II:RAGE
UNITPRICE SUBTOTAL UNITPRICE SUBTOTAL -----------UNIT PRICE I SUBTOTAL
BID SCHEDULE
102.121 $ 3,267.68
58.08 $ 2,323.00
102.60 I $ 4,104.00
10.76 i s 430.20
87.64 I s 438.18
1 j REMOVAL OF RIP RAP 32 SY $ 110.00 $ 3,520.00 $ 94.23 $ 3,015.36 $
2 I UNCLASSIFIED EXCAVATION -40 CY $ 40.00 $ 1,600.00 $ 76.15 $ 3,046.00 $
---3 ------lsTRUCTURAL BACKFILL (CLASS 1) 40 CY ~-33.52 $ 11340.80 $ 171.68 $ 61867.20 $
-------1-----
4 j EROSION LOG (8 INCH) 40 LF $ 5.18 $ 207.20 $ 16.33 $ 653.20 $
1-----------~-----~-----'E~OSION CONTROL SUPERVISOR 5 HOUR $ 110.00 $ 550.00 $ 65.27 $ 326.35 $
6 iDEWATERING 1 LS $ 6,000.00 $ 6,000.00 $ 61762.50 $ 6~762.50 $ 6.381.25 I S 6,381.25
------7-----rSEEDING (NATIVE) 0 ACRE $ 71200.00 $ 720.00 $ 61374.60 $ 637.46 $ 6,787.30 s 678.73
4,181.05 $ 418.11
124.62 $ 623.10
11.93 $ 238.50
8 ~ULCHING (WEED FREE HAY) 0 ACRE $ 21700.00 $ 270.00 $ 51662.10 $ 566.21 $
~-~----_J AGGREGATE BASE COURSE (CLASS 6) 5 CY $ 33.52 $ 167.60 $ 215.72 $ 11078.60 $
10 I RECONDITIONING 20 SY $ 5.85 $ 117.00 $ 18.00 $ 360.00 $
287.67 ! $ 2,301.32
36.94 s 1,218.86
[~~l~----~-~0!~~~!-SPH~LT_(GR~~-~2~~ (75) (PG 58-34) ----8------ToN~~ -S --_ 150.00 $ 1,200.00 $ 425.33 $ 3.402 .64 _S __ _
12 [PAINTHANDRAIL 33 LF $ 29.69 $ 979.77 $ 44.18 $ 1,457.94 $
128.53 $ 4,241.33
1,126.20 $ 9,009.56
~-----~-
-~-Jl-=-11'-~~ESTRIAN RAILING (STEEL) 33 LF $ 46.00 $ 11518.00 $ 211.05 $ 61964.65 $
14 JCONCRETECLASSD(WALL) 8 CY $ 376.00 $ 31008.00 $ 11876.39 $ 15~011.12 $
~ __ __!E.27
836.30 I s 836.30
8.223.08 s 8,223.08
/U.Ll I ~ 1,685.04
789.94 s 2,369.82
----lS -!R-EiNFORCING STEEL 357 LB $ ~ 2.52 $ 899.64 $ 1.70 $ 606.90 $
--· ---------4---·---------------------1---~--··----------------
16 !CONSTRUCTION SURVEYING (HOURLY) 1 HOUR $ 110.00 $ 110.00 $ 1~562.60 $ 11562.60 $
l ----17 ---[MOBILIZATION (ESTPK06-07) 1 LS $ 1~900.00 $ 1~900.00 $ 141546.15 $ 14~546.15 $
'----------1---' .
18 !FLAGGING 24 HOUR $ 59.00 $ 1.416.00 $ 81.42 $ 1~954.08 $
--,-9--lTRAFFIC CONTROL MANAGEMENT 3 DAY $ 390.00 $ 1 I 170.00 $ 1 I 189.88 $ 3,569.64 $
TOTAL;$ :tti:~\:~ '26,694.01 I $ 72,388.60 I $ 26,664.24
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excel\Bid Tab 2013 Flood Damage Repair Project
2 RG AND Assowms, LLC
ITEM I DESCRIPTION
I
BID SCHEDULE
1 ! REMOVAL OF ASPHALT MAT
___ 1WING ASPHALT MATERIAL (61NCH)
3 UNCLASSIFIED EXCAVATION
4 EROSION LOG (8 INCH)
5 EROSION CONTROL SUPERVISOR _______ _]
6 i AGGREGATE BASE COURSE (CLASS 6)
7 i RECONDITIONING ···-
=~-=1f:l_O.T MIX ASPHALT (GRADING SX) (75) (PG 58-34)
9 IGEOTEXTILE (DRAINAGE) (CLASS 1)
---~
10 [SOIL RIP RAP (12 INCH)
---------+
11 i CONSTRUCTION SURVEYING (HOURLY)
-12--] MOBILIZATION (ESTPK06-08)
---13 ----~FLAGGING
~-----r=rn-AFFIC CONTROL MANAGEMENT
-----
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0111 ESTPK06-Site08 Cherokee Road
OSMUN
QTY UNIT UNIT PRICE SUBTOTAL
123 SY $ 12.84 $ 1,579.32
52 LF $ 10.00 $ 520.00
so CY $ 40.00 $ 2,000.00
20 LF $ 5.18 $ 103.60
1 HOUR $ 110.00 $ 110.00
22 CY $ 33.52 $ 737.44
123 SY $ 5.85 $ 719.55
34 TON $ 150.00 $ 5,100.00
58 SY $ 5.00 $ 290.00
20 CY $ 112.00 $ 2,240.00
1 HOUR $ 110.00 $ 110.00
1 LS $ 1,900.00 $ 1,900.00
16 HOUR $ 59.00 $ 944.00
3 DAY $ 390.00 $ 1,170.00
TOTAL t $· :#<;~; )l.i·~ ··.:.it-+·-::·--~ ·~';>'17,523.91
R:\0951 -Town of Estes Park\001 0 -2013 Flood Dam~e Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
$ 30.95 $ 3,806.85 $ 21.90 $ 2,693.09
$ 14.02 $ 729.04 $ 12.01 $ 624.52
$ 76.39 $ 3,819.50 $ 58.20 $ 2,909.75
$ 26.61 $ 532.20 $ 15.90 $ 317.90
$ 65.27 $ 65.27 $ 87.64 $ 87.64
$ 140.61 $ 3,093.42 $ 87.07 $ 1,915.43
$ 13.70 $ 1,685.10 $ 9.78 $ 1,202.33
$ 229.68 $ 7,809.12 $ 189.84 $ 6,454.56
$ 36.69 $ 2,128.02 $ 20.85 I $ 1 ,209.Dl
--'--------
$ 215.87 $ 4,317.40 $ 163.94 $ 3,278.70
$ 1,562.60 $ 1,562.60 $ 836.30 $ 836.30
$ 8,234.28 $ 8,234.28 $ 5,067.14 $ 5,067.14
$ 69.69 $ 1,115.04 $ 64.35 $ 1,029.52
$ 793.26 $ 2,379.78 $ 591.63 $ 1,774.89
$ 41,277.62 $ 29,400.77
.. -... ~ / ..
k:::. ·/ RG AND AssociATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0113 ESTPK06-Site11 Heinz Parkway
Au-=RAGE ITEM DESCRIPTION OSMUN ACA PRODUCTS .-. ....
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL -----------UNII I"KI(.t: I SUBTOTAL
BID SCHEDULE
1 !REMOVALOFASPHALTMAT 25 SY $ 12.84 $ 321.00 $ 64.59 $ 1,614.75 $
--t-__ 2_ ___ _j?AWINGASPHALTMATERIAL{61NCH) 44 LF $ 10.00 $ 440.00 $ 11.05 $ 486.20 $
1
38.721 $ 967.88
10.53 s 463.10
3 !UNCLASSIFIED EXCAVATION 5.5 CY $ 40.00 $ 220.00 $ 155.74 $ 856.57 $ 97.87 I $ 538.29
----4--i EROSION LOG {8 INCH) 15 LF $ 5.18 $ 77.70 $ 33.47 $ 502.0S S
·-·-·----··----L---
' 5 I EROSION CONTROL SUPERVISOR 1 HOUR $ 110.00 $ 110.00 $ 65.27 $ 65.27 $
19.33 I 5 289.88
-----
87.64 I S 87.64
1--'
6 i AGGREGATE BASE COURSE (CLASS 6) 5 CY $ 33.52 $ 167.60 $ 102.89 $ 514.45 $ =-?: __ ~CONDITIONING 25 SY $ 5.85 $ 146.25 $ 54.44 $ 1,361.00 $
----~ _ _j ~~T MIX ASPHALT {GRADING SX) {75) {PG 58-34) 6 TON $ 150.00 $ 900.00 $ 552.40 $ 3,314.40 $
·----~ __ _l_c_~NSTRUCTION SURVEYING (HOURLY) 1 HOUR $ 110.00 $ 110.00 $ 1,562.60 $ 1,562.60 $
10 I MOBILIZATION (ESTPK06-11) 1 LS $ 950.00 $ 950.00 $ 2,899.57 $ 2,899.57 $
-· --ll·--tFLAGGING 8 HOUR $ 59.00 $ 472.00 $ 69.69 $ 557.52 $
68.21 s 341.03
30.15 $ 753.63
351.20 $ 2,107.20
836.30 $ 836.30
1,924.79 $ 1,924.79
64.35 $ 514.76
-·---1-i---~TRAFFIC CONTROL MANAGEMENT 1 DAY $ 390.00 $ 390.00 $ 1,189.88 $ 1,189.88 $ 789.94 $ 789.94
TOTAL $ 4,304.55 I $ 14,924.26 I $ 9,614.41
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
"7 ~---~> RG AND J\ssoctATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0114 ESTPK06-Site12 Grey Fox Drive (South)
-ITEM I DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
I QTY UNIT UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1 I REMOVALOFASPHALTMAT 8 SY $ 12.84 $ 102.72 $ 77.57 $ 620.56 $ 45.21 $ 361.64
----2 -l$AWINGASPHALTMATERIAL(61NCH) 30 LF $ 33.52 $ 1,005.60 $ 12.58 $ 377.40-$ 23.05 $ 691.50
-·--·· ---------1---------+-------1---------+------:
~----~-___ :~~~~AS~~~~~~-E~~~~~!~~~-----------------·-····-··-----__ 2 CY $ 40.00 $ 80.00 $ 218.43 $ 436.86 $ 129.22 $ 258.43
---~-__ LEROSION LOG (81NCH) ._... 10 LF $ 5.18 $ 51.80 $ 47.17 $ 471.70 $ 26.18 $ 261.75
5 i EROSION CONTROL SUPERVISOR 1 HOUR $ 110.00 $ 110.00 $ 155.99 $ 155.99 $ 133.00 $ 133.00 -·-----+ ------+--------
6 !AGGREGATEBASECOURSE(CLASS6) 2 CY $ 33.52 $ 67.04 $ 120.84 $ 241.68 $ 77.18 $ 154.36
-····7. -i"R-EE6NDITIONING 8 SY $ 5.85 $ 46.80 $ 34.60 $ 276.80 $ 20.23 $ 161.80
-· ---a ····-iHOT MIX ASPHALT (GRADING SX) (75) (PG 58-34) 2 TON $ 150.()or-s----~OO $--856.43-__ S _____ w:l-:86 $ 503.22
1
$ 1,006.43
---·---9--[EONSTRUCTION SURVEYING (HOURLY) 1 HOUR $ 110.00 $ 110.00 $ 1,562.60 $ 1,562.60 $ 836.30 ! S--------s"36~30
-···--·-·--····---~------f--·-----+----l-----·------+-------l-------+-------·--
10 iMOBILIZATION (ESTPK06-12) 1 LS $ 950.00 $ 950.00 $ 1,810.18 $ 1,810.18 $ 1,380.09 $ 1,380.09
---,-,----(-FLAGGING-------------···· 8 HOUR $ 59.00 $ 472.00 $ 69.69 $ 557.52 $ 64.35 S 514.76
-------·---~-··-------1-----· . -------------l--------+--------l--,--------t-,--------
12 iTRAFFICCONTROLMANAGEMENT 1 DAY $ 390.00 $ 390.00 $ 1,236.81 $ 1,236.81 $ 813.41 $ 813.41
_ _ __ TOTAL $ ~,,,::: ·: ···•· .. : ,. ··. ,:, 3,685.96 $ 9,460.96 $ 6,573.46
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
--:7
~£::_·· RG AND A ssociATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.01 1 5 ESTPK06-Site 1 3 Grey Fox Drive (East)
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
---~--___)REMOVALOFASPHALTMAT 66 SY $ 12.84 $ 847.44 $ 38.70 $ 2,554.20 $ 25.771$ 1,700.82
2 !SAWING ASPHALT MATERIAL (61NCH) 74 LF $ 10.00 $ 740.00 $ 11.83 $ 875.42 $ 10.92 $ 807.71 L. 3 ---_-_iuNcLAssiFIEo ExcAvATION 15 cY s 4o.oo s 58o.oo s 1-66.60r-s 2,415.7o __ s ____ 1o~-~~ 1,497.85
4 i EROSION LOG (8 INCH) 15 LF $ 5.18 $ 77.70 $ 33.47 $ 502.05 $ 19.33 $ 289.88
----5 -fEROSION CONTROL SUPERVISOR 1 HOUR $ --1 10.00 $ 11-0.00 $ 155.99 $ 155.99 S 133.00 $ 133.00
-·--6 ··-·t AGGREGATE BASE COURSE (CLASS 6) 12 CY $ 33.52 $ · .--~. 402.24 $ 60.26 $ 723.12 $ 46.89 $ 562.68
-··-····-·····--j· --__ , __ ---· _________ ,, __ _
---~--j ~ECONDITIONING 66 SY $ 5.85 $ 386.10 $ 16.77 $ 1,106.82 $ 11.31 $ 746.46
8 i HOT MIX ASPHALT (GRADING SX) (75) (PG 58-34) 15 TON $ 150.00 $ 2,250.00 $ 257.57 $ 3,863.55 $ 203.79 $ 3,056.78
--___ g ___ TCONSTRUCTION SURVEYING (HOURLY) 1 HOUR $ 110.00 $ 110.00 $ 1,562.60 $ 1,562.60 $ 836.30 $ 836.30
-----lO --l MOBILIZATION (ESTPK06-13) 1 LS $ 950.00 $ 950.00 $ 4,173.25 $ 4,173.25 $ 2,561.63 I $ 2,561.63
.. ---... --;________ ---------------
11 i FLAGGING 16 HOUR $ 59.00 $ 944.00 $ 69.69 $ 1,115.04 $ 64.35 $ 1,029.52
------12 -!TRAFFIC CONTROL MANAGEMENT 2 DAY $ 390.00 $ 780.00 $ 1,189.88 $ 2,379.76 $ 789 .94 I $ 1,579.88
TOTAL '$ -· 8,177.48 I $ 21,427.50 I $ 14,802.49
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
·~ RG AND AssociAT:s, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0116 ESTPK06-Site14 Lexington Lane
ITEM DESCRIPTION OSMUN ACA PRODUCTS .-. .... A \II: RAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE I SUBTOTAL
BID SCHEDULE
1 jREMOVALOF ASPHALT MAT 78 SY I$ 12.84 I $ 1,001.52 I$ 29.18 I $ 2,276.041 $ 21.01 $ 1,638.78
11.94 s 513.21
67.02 s 2,412 .72
13.84 $ 346.00
133.00 $ 133.00
46.24 $ 1,664.46
-----~-~AWING ASPHALT MATERIAL (61NCH) 43 LF $ 10.00 $ 430.00 $ 13.87 $ 596.41 $
3 lUNCLASSIFIED EXCAVATION 36 CY $ 40.00 $ 1,440.00 $ 94.04 $ 3,385.44 $
~--4·--1 EROSION LOG (8 INCH) 25 LF $ 5.18 $ 129.50 $ 22.50 $ 562.50 $
I . 5 ! EROSION CONTROL SUPERVISOR 1 HOUR $ 110.00 $ 110.00 $ 155.99 $ 155.99 $
----6-·-tAGGREGATE BASE COURSE (CLASS 6) 36 CY $ 33.52 $ 1,206.72 $ 58.95 $ 2,122.20 $
[_!==~~ONDITIONING 78 SY $ 5.85 $ 456.30 $ 17.91 $ 1,396.98 $ 11.88 I $ 926.64
---~----j HOT MIX ASPHALT (GRADING SX) (75) (PG 58-34) 22 TON $ _ 150.00 $ 3,300.00 $ 234.46 $ 5,158.12 $ 192.23 ~-~-----4,229 .06
9 jCONSTRUCTIONSURVEYING(HOURLY) 1 HOUR $ 110.00 $ 110.00 $ 2,481.89 $ 2,481.89 $ 1,295.95/"s 1,295.95
----,-a-··-I MOBILIZATION (ESTPK06-13) 1 LS s 950.00 $ 950.00 $ 5,438.74 $ 5,438.74 $ 3,194.37 $ 3,194.37 I
----11·----r~=LAGGING 16 HOUR s 59.00 s 944.00 s 69.69 s 1,115.04 s 64.35 s 1,029.52 1
--12--iTRAFFICCONTROLMANAGEMENT 2 DAY $ 390.00 $ 780.00 $ 1,377.62 $ 2,755.24 $ 883.81 $ 1,767.62 I
TOTAL $ 10,858.04 I $ 27,444.59 I $ 19,151.32
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
·":7
_,.~-.-·· , RG AND AssociATEs, LLC
ITEM I DESCRIPTION
1
BID SCHEDULE
1 [REMOVAL OF ASPHALT MAT
-2-~ SAWING ASPHALT MATERIAL (61NCH)
---------·----1 ---
3 !UNCLASSIFIED EXCAVATION
----·---
4 ! EROSION LOG (8 INCH) .. ·
----s-i EROSION CONTROL SUPERVISOR
-------------1----
6 jAGGREGATE BASE COURSE (CLASS 6)
--7-TRECONDITIONING ----·
-----B--lHOT MIX ASPHALT (GRADING SX) (75) (PG 58-34)
----g -lcONSTRUCTION SURVEYING (HOURLY)
----,0-lMOBILIZATION (ESTPK06-13)
-------.---.. -·+------
11 :FLAGGING
----------+-
12 !TRAFFIC CONTROL MANAGEMENT
--------
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0117 ESTPK06-Site15 Grand Estates
OSMUN
QTY UNIT UNIT PRICE SUBTOTAL
17 SY $ 12.84 $ 218.28
35 LF $ 10.00 $ 350.00 -----1-----------·--
4 CY $ 40.00 $ 160.00
10 LF $ 5.18 $ 51.80
1 HOUR $ 110.00 $ 110.00
3 CY $ 33.52 $ 100.56
17 SY $ 5.85 $ 99.45
4 TON $ 150.00 $ 600.00
1 HOUR $ 110.00 $ 110.00
1 LS $ 950.00 $ 950.00
8 HOUR $ 59.00 $ 472.00
1 DAY $ 390.00 $ 390.00
TOTAL $ 3,612.09
R:\0951 -Town of Estes Park\001 0 -2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
$ 46.15 $ 784.55 $ 29.50 $ 501.42
$ 15.31 $ 535.85 $ 12.66 $ 442.93
$ 224.17 $ 896.68 $ 132.09 $ 528.34
$ 47.17 $ 471.70 $ 26.18 $ 261.75
$ 155.99 $ 155.99 $ 133.00 $ 133.00
$ 76.32 $ 228.96 $ 54.92 $ 164.76
$ 25.89 $ 440.13 $ 15.87 $ 269.79
$ 478.30 $ 1,913.20 $ 314.15 $ 1,256.60
$ 1,562.60 $ 1,562.60 $ 836.30 $ 836.30 --
$ 2,066.55 $ 2,066.55 $ 1,508.28 $ 1,508.28
-----
$ 69.69 $ 557.52 $ 64.35 $ 514.76
$ 1,189.88 $ 1,189.88 $ 789.94 $ 789.94
$ 10,803.61 $ 7,207.85
"-:/ 1_,,,.4' ---~ --,-RG AND A ssoc~ATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0120 ESTPK15-Site01 Old Ranger Drive
ITEM DESCRIPTION [COMPANY] ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1 T REMOVAL OF PIPE 30 LF $ 22.00 $ 660.00 $ 93.56 $ 2,806.80 $ 57.78 $ 1,733.40 ---------~' I
2 !REMOVAL OF ASPHALT MAT 700 SY $ 12.84 $ 8,988.00 $ 20.61 $ 14,427.00 $ 16.73 $ 11,707.50 1
___ 3 ___ fs"AW1NGASPHALTMATERIAL(61NCH) 40 LF $ 10.00 $ 400.00 $ 14.14 $ 565.60 $ 12.07 $ 482.80
4 i UNCLASSIFIEDEXCAVATION 217 CY $ 40.00 $ 8,680.00 $ 69.77 $ 15,140.09 $ 54.89 $ 11,910.05
------5-------)EROSION LOG (8 INCH) 80 LF $ 5.18 $ 414.40 $ 11.19 $ 895.20 -$ 8.19 $ 654.80
----6--fcONCRETEWASHOUTSTRUCTURE 1 EACH $ 287.00 $ 287.00 $ 731.81 $ 731.81 $ 509.41 $ 509.41
---· ------------·'-. I
7 ! STORM DRAIN INLET PROTECTION 1 EACH $ 246.00 $ 246.00 $ 151.20 $ 151.20 $ 198.60 $ 198.60
8 EROSIONCONTROLSUPERVISOR - --------I 4 HOUR -$ ---llO.OO r-$ --440.00 -$ 87.95 -$ --351.80 $ 98.98 $ 395.90
----g ----SEEDING (NATIVE) -0.1 ACRE $ 7,200.00 $ 720.00 $ 6,374.60 $ 637.46 $ 6,787.30 $ 678.73 1
~--1 ·6 ·--:-MULCHING (WEED FREE HAY) I 0.1 ACRE $ 2,700.00 $ 270.00 $ 4,723.50 $ 472.35 $ 3,711.75 $ 371.18
-----,-----:AGGREGATE BASE COURSE (CLASS 6) 155 CY $ 33.52 $ 5,195.60 $ 56.99 $ 8,833.45 $ 45.26 $ 7,014.53
--_U ____ , RECONDITIONING 1,056 SY $ 5.85 $ 6,177.60 $ 13.25 $ 13,992.00 $ 9.55 $ 10,084.80
~----~1__3-___ ---_-_._-HO.TMIXASPHALT(GRADINGSX)(75)(PG58-34) 153 TON $ 150.00 $ 22,950.00 $ 205.69 $ 31,470.57 $ 177.85 $ 27,210.291
14 .RIPRAP (181NCH) 2 CY $ 136.00 $ 272.00 $ 426.44 $ 852.88 $ 281.22 $ 56V~~]
~~~:.0 .. ~-·~0i~_RIPRAP(121NCH) 1 CY $ 112.00 $ 112.00 $ 1,131.87 $ 1,131.87 $ 621.94 $ 621.94
16 i 181NCHCORRUGATEDSTEELPIPE 30 LF $ 79.00 $ 2,370.00 $ 88.61 $ 2,658.30 $ 83.81 $ 2,514.15
------------L-I ___ 12_ _ _j 18 INCH STEEL END SECTION 1 EACH $ 209.00 $ 209.00 $ 616.26 $ 616.26 $ 412.63 $ 412.63 I
18 j CURB AND GUTIER TYPE 2 (SECTION 11-B) 396 LF $ 1 1 .00 $ 4,356.00 $ 82.40 $ 32,630.40 $ 46.70 $ 18,493.20
=-~ ---1GUITER TYPE 2 (6 FOOT) 40 LF $ 54.00 $ 2,160.00 -$ 238.00 $ 9,520.00 $ 146.00 $ 5,840.00 I
·---~---___JCONSTRUCTIONSURVEYING(HOURLY) 12 HOUR $ 110.00 $ 1,320.00 $ 312.16 $ 3,745.92 $ 211.08 $ 2,532.96)
21 I MOBILIZATION (ESTPK15-01) 1 LS $ 1,950.00 $ 1,950.00 $ 38,007.23 $ 38,007.23 $ 19,978.62 $ 19,978.62 I ___ n ___ lFLAGGING 40 HOUR $ 59.00 $ 2,360.00 $ 69.69 $ 2,787.60 $ 64.35 $ 2,573.80
--i3 ___ /TRAFFICCONTROLMANAGENiE~---·---5 DAY S -39o.oo$ 1,950.00 $ -1,18-9.88 $ -5,949.40 _$ ___ 789.94 r··s 3,949.70
TOTAL $ 72,487.60 I $ 188,375.19 I $ 72,951.97
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
2 RG AND AssociATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0121 ESTPK15-Site02 Steele Court Rip-Rap
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1 [UNCLASSIFIED EXCAVATION 14 CY $ 40.00 $ 560.00 $ 116.57 $ 1,631.98 $ 78.29 $ 1,095.99
=-~---~-~--1-~~~~~-~-f':"-~~!_MAT~RIA~(COf':"PLETEINPLACE) 42 CY $ 34.58$ 1,452.36 $ 223.47$ 9,385.74 $ 129.03$ 5,419:051
__ --~-----_LEROSION LOG (8 INCH) 40 LF $ 5.18 $ 207.20 $ 16.33 $ 653.20 $ 10.76 $ 430.20
. 4 !SILT FENCE 140 LF $ 5.00 $ 700.00 $ 3.21 $ 449.40 $ 4.11 $ 574.70
1----
5 I STORM DRAIN INLET PROTECTION 1 EACH $ 246.00 $ 246.00 $ 151.20 $ 151.20 $ 198.60 $ 198.60
----6-----~EROSIONCONTROLSUPERVISOR 10 HOUR $ 110.00 $ 1,100.00$ 74.34 $ 743.40$ 92.17 $ 921.70
7 --~RELAY RIPRAP 20 CY $ 46.00 $ 920.00 $ 135.50 $ 2,710.00 $ 90.75 $ 1,815.00 1 ___ B ________ !SEEDING (NATIVE) 0 ACRE $ 7,200.00 $ 720 .00 $ 6,374.60 $ 637.46 $ 6,787.30 $ 678.73f
~-9 -j MULCHING (WEED FREE HAY) 0.1 ACRE $ 2,700.00 $ 270.00 $ 4,723.50 $ _ 4 72.35 $ 3.711.7 5 j $ 3 71 .18 '
28.0 SY $ 18.14 $ 507.92 $ 89.97 $ 2,519.16 $ 54.06 $ 1,513.54
-I
____ j-AGGREGATEBASECOURSE(C_LASS6~---------_ i 21 G -$ -33.52 $ 703 .92 $ 223.65 $ 4,696.65 $ 128.59 1 $ 2,700.29
12 ! RIP RAP (12 INCH) 9 CY s 118.00 $ 1,062.00 $ 296.34 I $ 2,667.06 s 207.17 $ 1,864.53
-------------~------------------------------------------------_ ___,_____ ------------1
13 'RIPRAP(181NCH) 11 CY $ 130.00 $ 1,430.00 $ 251.57 $ 2,767.27 $ 190.79 $ 2,098.64 -2--rcv--s -156.oo s 312 .oo s 662.74 s 1,325.48 s 409.37 s 818.74
10 ! SOIL RETENTION BLANKET (BIODEGRADABLE STRAW/COCONUT)
11
14 i RIP RAP (241NCH)
15 ! CONSTRUCTION SURVEYING (HOURLY) 10 HOUR $ 110.00 s 1,100.00 $ 351.61 $ 3,516.10 $ 230.81 $ 2,308.05 I
-----------------------------
LS $ 1,550.00 $ 1,550.00 s 9,467.82 $ 9,467 .82 s 5,508.91 $ 5,508.91 I
HOUR $ 59.00 $ 944.00 $ 69.69 $ 1,115.04 $ 64.35 $ 1,029.52 1
--·-··---------------=-~--~ :=T~~~~IZATIO~ESTPK15-02)
17 i FLAGGING 16
--18--frRAFFIC CONTROL MANAGEMENT 2 DAY $ 390.00 $ 780.00 $ 1,189.88 $ 2,379.76 $ 789.94 $ 1,579.88
TOTAL '$ 14,565.40 I $ 47,289.07 I $ 30,927.24
R:\0951 -Town of Estes Park\001 0 -2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
----~
lc': .. -·-·~; RG AND AssociATEs, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0122 ESTPK15-Site03 Aspen Avenue Spring
ITEM L DESCRIPTION OSMUN
I QTY UNIT UNIT PRICE SUBTOTAL
BID SCHEDULE
1 JREMOVALOFASPHALT MAT 84 SY $ 12.84 $ 1,078.56
--2---T sAWING ASPHALT MATERIAL (6 INCH) 198 LF $ 10.00 $ 1,980.00
_____ 3 ____ fuNCLASSIFIED EXCAVATION --f-------------'----
29 CY $ 40.00 $ 1,160.00
=-~ 4 _~=--trGGREGATE BASE C.£>_l-J~S~-~~-~ASS 6)
-------------·-----------
$ 18 CY $ 33.52 603.36
5 i RECONDITIONING 84 SY $ 5.85 $ 491.40
---------t·-
6 j HOT MIX ASPHALT (GRADING SX) (75) (PG 58-34) 32 TONS $ 150.00 $ 4,800.00
----7 ----TCONSTRUCTION SURVEYING (HOURLY) 1 HOUR $ 110.00 $ 110.00 ___ , _____ , .. __ j_ __ ---------------r-s-8 [MOBILIZATION (ESTPK15-03) 1 LS $ 1,790.00 1,790.00
----· ----------4--·--
9 FLAGGING 32 HOUR $ 59.00 $ 1,888.00 ______ ___.____ __ ------1--· 1----
10 iTRAFFIC CONTROL MANAGEMENT 4 DAY $ 390.00 $ 1,560.00
TOTAL $ ;:,; .... ;;.•;.;:, ;,.-,.-;.15,461.32
-------
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
I
$ 33.42 $ 2,807.28 $ 23.13 $ 1,942.92
$ 6.54 $ 1,294.92 $ 8.27 $ 1,637.46
$ 97.77 $ 2,835.33 $ 68.89 $ 1,997.67
$ 75.52 $ 1,359.36 $ 54.52 $ 981.36
$ 23.94 $ 2,010.96 $ 14.90 $ 1,251.18
$ $ $ $ 217.42 6,957.44 183.71 5,878.721 ----
$ 1,562.60 $ 1,562.60 $ 836.30 $ 836.30 -
$ 6,600.21 $ 6,600.21 $ 4,195.11 $ 4,195.11 '
$ 69.69 $ 2,230.08 $ 64.35 $ 2,059.04
$ 1,189.88 $ 4,759.52 $ 789.94 $ 3,159.76
$ 32,417.70 $ 23,939.51 I
J, RG AND AssociATES, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0123 ESTPK15-Site04 Moraine Avenue Drainage Ditch
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
__ _2 ____ j UNCLASSIFIED EXCAVATION 97 CY $ 40.00 $ --31880.00 $ --96.72_$ ______ 9 1 38~ 1_ ______ ~-~6 jJ _____ !5~630.~~
2 :EMBANKMENT MATERIAL (COMPLETE IN PLACE) 40 CY $ 34.58 $ 11383.20 $ 322.39 $ 121895.60 $ 178.491 $ 71139.40 -------!--·----t------·--·---·------------------·---·------------------------c---
3 l EROSION LOG (8 INCH) 30 LF $ 5.18 $ 155.40 $ 19.76 $ 592.80 $ 12.47 $ 374.10
---·-·-------·' ··--------------·----------·--------------I
4 JCONCRETE WASHOUT STRUCTURE 1 Each $ 287.00 $ 287.00 $ 731.81 $ 731.81 $ 509.41 $ 509.41 1
---_s --~TORMDRAININLETPROTECTION 1 Each $ 286.00 $ 286.00 $ 151.20 $ 151.20 $ 218.60 $ 218.60
----6·---TEROSIONCONTROLSUPERVISOR 16 Hour S 110.00 S 11760.00 $ 76.61 $ 1~225.76 S 93.31 S 1,492.88
=I -~~E-~LAY RIP-RAP 14 CY $ 48.00 s 672.00 s 103.27 s 1,445.78 s 75.64 s 11058.89
--~----_l~~~_!)ING (NATIVE) 0 AC $ 71200.00 $ 720.00 $ 61374.60 $ 637.46 $ 61787.30 $ 678.73
9 !MULCHING (WEED FREE HAY) 0.1 AC $ 21700 .00 $ 270.00 $ 4~723.50 $ 472.35 $ 31711.75 j $ 371.18 -----
10 .. i 30 INCH CORRUGATED STEEL PIPE -f-120.0 LF $ 95.50 $ 11,460.00 $ 175.40 $ 21 1048.00 $ 135.45 $ 16~254.00
----~-----:INLET TYPED (5 FOOT) -==--------------1 Each S 1 I 100.00 $ 1 I 100.00 $ 6~254.11 S 61254.11 S 31677.06 S 3~677.061
12 !MANHOLESPECIAL 1 Each $ 11100.00 $ 11100.00 $ 41872.75 $ 4,872.75 $ 21986.38 $ 2,986.38
~--·------------------·---------------------·------------·--+----------------
13 !CONSTRUCTION SURVEYING (HOURLY) ________ l~ ___ Hour $ 110.00 $ 1~320.00 $ 312.16 $ 3~745.92 $ 211.081 $ 2~532.961
1 LS $ 1,450.00 $ 1,450.00 $ 171045.18 $ 171045.18 $ 9,247.59 $ 9~247.59 1---L4 ____ j_~()~_ILIZATION (ESTPK15-04)
-----~~------J F_L_~~~ING
16 [TRAFFIC CONTROL MANAGEMENT
8 Hour I S 59.00 I $ 472.00 I $ 69.69 1 $ 557.521 S 64.351 $ 514.76
1 Day S 390.00 S 390.00 S 1 I 189.881 S 1 I 189.88 S 789.94 S 789.94
TOTAL $ 26,705.60 I $ 82,247.96 I $ 54,476.78
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
-:7 ~-:· RG AND AssociATEs, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0125 ESTPK16-Site01 Riverside Park
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
---_8 ____ 15-ao·--------------
-----9 ---:-M-ULCHING {WEED FREE HAY)
TOTALI $ -·· 19,694.47 I $ 66,306.37 I $ 14,941.59
I FEMA Project SUBTOTALI $471,168.461 $1,179,769.511 $637,913.651
R:\0951 -Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
.. -·:/
I(: -RG AND AssociATEs, LLC
BID TABULATION
FOR
2013 Flood Damage Repair Project
TOWN OF ESTES PARK, COLORADO
RGA NO. 951.0128 M 405-018 PR Community Drive
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
1···---· ··-·:·····
14 [CONCRETE WASHOUT STRUCTURE
15 iSTORM DRAIN INLET PROTECTION
---··------------.. ------
16 ! EROSION CONTROL SUPERVISOR
R:\0951 -Town of Estes Park\001 0 -2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
.;/
.c_ ___ ~ RG AND AssoctAIEs, LLC
ITEM DESCRIPTION OSMUN ACA PRODUCTS AVERAGE
UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL UNIT PRICE SUBTOTAL
BID SCHEDULE
25 [CONCRETEPAVEMENT(81NCH) 85 SY $ 126.00 $ 10,710.00$ 98.00$ 8,330.00 $ 112.00$ 9,520.00 1
26 i RIP RAP (12 INCH) 128 CY $ 118.00 $ 15,104.00 $ 72.60 $ 9,292.80 $ 95.30 $ 12,198.40 1
----27 ~--~i~-~-~cH c~-R~~~A!~-~-~!EE__I:~~PE so LF s 79.oo s 3,9so.oo s 1s.s1 s ns.so s 47.26 s 2,362.75 1
28 1 18 INCH STEEL END SECTION 2 EACH $ 209.00 $ 418.00 $ 141.38 $ 282.76 $ 175.19 $ 350.38 I
--29 ----;-CONSTRUCTION SURVEYING (HOURLY) --50 HOUR $ 90.00 $ 4,500.00 $ 143.76 $ 7,188.00 $ 116.88 $ 5,844.00 1
--30 --;-MOBILIZATION 1 LS $ 10,000.00 $ 10,000.00 $ 18,000.28 $ 18,000.28 $ 14,000.14 $ 14,000.14
-=~~~:=rEPOXY PAVEMENT MARKING 30 GAL $ 107.00 $ 3,210.00 $ 485.75 $ 14,572.50 $ 296.38 $ 8,891.251
32 !THERMOPLASTIC PAVEMENT MARKING (WORD-SYMBOL) 80 SF $ 60.00 $ 4,800.00 $ 24.23 $ 1,938.40 $ 42.12 $ 3,369.20
~~-~33 -~-_}FLAGGING _ -200 HOUR $ ____ 59.00 $ 11,800.00 $ 61.75 $ _ 12,350.00 $ __ 60.38 ;_}------~~~?.00_1
34 iTRAFFICCONTROLMANAGEMENT 20 DAY $ 375.00 $ 7,500.00 $ 1,054.24 $ 21,084.80 $ 714.62 $ 14,292.40
---is --1 coNSTRUCTIONTRAFFICSIGN(PANELSIZEB) 16 EACH $ 195.00 $ 3,120.00 $ 96.39 $ 1,542.24 $ 145.70 S 2,331.12
---36 -----TF/ A MINOR CONTRACT REVISIONS 1 FA $ 12,000.00 $ 12,000.00 $ - $ 6,000.00 $ 6,000.00
-------1 --~A s s, 1 oo.oo s 5,1 oo.oo s - s 2,sso.oo s 2,5so.oo ---37 --Ti=/ A FUEL COST ADJUSTMENT
TOTAL $ ~-;'"'' ~--: ,,.,, 373,908.041 $ 412,465.03 I $ 393,186.54
R:\0951 ·Town of Estes Park\001 0-2013 Flood Damage Repair Project\Excei\Bid Tab 2013 Flood Damage Repair Project
COLORADO DEPARTMENT OF TRANSPORTATION
ANTI-COLLUSION AFFIDAVIT
PROJECT NO.
M 405-018 PR (20074)
LOCATION
Estes Park, CO
1 hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of this
bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on
his or her behalf and on behalf of my firm.
I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or
agreement for the purpose or with the effect of restricting competition with any other firm or person who is a bidder
or potential prime bidder.
2A. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or
potential prime bidder on this project, and will not be so disclosed prior to bid opening.
28. Neither the prices nor the amount of the bid of any other firm or person who is a bidder or potential prime bidder on
this project have been disclosed to me or my firm.
3A. No attempt has been made to solicit, cause or induce any firm or person who is a bidder or potential prime bidder to
refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-
competitive bid or other form of complementary bid.
38. No agreement has been promised or solicited for any other firm or person who is a bidder or potential prime bidder
on this project to submit an intentionally high, noncompetitive or other form of complementary bid on this project.
4. The bid of my firm is made in good faith and not pursuant to any consultation, communication, agreement or
discussion with, or inducement or solicitation by or from any firm or person to submit any intentionally high, noncom-
petitive or other form of complementary bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase or sale of materials or
services from any firm or person, or offered, promised or paid cash or anything of value to any firm or person,
whether in connection with this or any other project, in consideration for an agreement or promise by any firm or
person to refrain from bidding or to submit any intentionally high, noncompetitive or other form of complementary bid
or agreeing or promising to do so on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or
services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person,
whether in connection with this or any other project, in consideration for my firm's submitting any intentionally high,
noncompetitive or other form of complementary bid, or agreeing or promising to do so, on this project.
7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities
relating to the preparation, approval or submission of my firm's bid on this project and have been advised by each of
them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, or
other conduct inconsistent with any of the statements and representations made in this affidavit.
8. I understand and my firm understands that any misstatement in this affidavit is and shall be treated as a fraudulent
concealment from the Colorado Department of Transportation, of the true facts relating to submission of bids for this
contract.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE OR
FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND COMPLETE TO THE BEST
OF MY KNOWLEDGE.
Contractor's firm or company name
Osmun Inc.
2nd contractor's firm or company name. {If joint venture.)
Sworn to before me this \ day of,
Notary ~ublic h ( .J
~~-= "~\/
· NOTE: This document must be signed in ink.
By 2J/tr2 -· ~ad~smu~
By
Title
~\-20 '"
LOKI (.:;UVVU Y
NOTARY PUBLIC
...
STATE OF COLORADO
NOTARY 'D #20054029870
My Commission Expires July 29.!. ~017
I
0~/1114
I Date
COOT Form #606 1/02
COLORADO DEPARTMENT OF TRANSPORTATION
CONTRACTORS PERFORMANCE CAPABILITY STATEMENT
1. List names of partnerships or joint ventures K none
Project#
M 405-018 PR
(20074)
2. List decreases in the contractors fiscal or workmanship qualifications compared to the last prequalification statement
submitted to COOT. (Attach additional sheets if necessary.)
a. Key personnel changes D none
Osmun Inc. has added 12 people to the Estes Park location for current and future projects.
b. Key equipment changes D none
Osmun Inc. has ~urchased many new units of egui~ment just for the Estes Park location to include but not only:
4 new excavators from John Deer2 New w2000 Milling machine 2 New ~aver 2 2 Rollers 2 John Deer Loader 624K,
3 Side Dum~s 2 3 Belly Dum~s, 4 New dum~ trucks, 3 Units of Power and a CAT & Bobcat skid steer.
c. Fiscal capability changes (legal actions, etc.) IX none
d. Other changes that may effect the contractors ability to perform work. N none
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE STATE
OR FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND CORRECT TO ·-T HE
BEST OF MY KNOWLEDGE
Contractor's firm or company name By /-(}({/ I Date Osmun Inc. 9/1114
~Owne:
2nd Contractor's firm or company name (if joint venture) By I Date
Title
COOT Form #605 1/92
COLORADO DEPARTMENT OF TRANSPORTATION
ASSIGNMENT OF ANTITRUST CLAIMS
PROJECT NO .
M 405-018 PR
(20074)
Contractor and Colorado Department of Transportation (COOT) recognize that in actual economic practice
antitrust violations ultimately impact on COOT. Therefore, for good cause and as consideration for executing this
contract and for receiving payments hereunder:
1. Contractor hereby irrevocably assigns to COOT any and all claims it may now have or which may hereafter
accrue to it under federal or state antitrust laws in connection with the particular project, goods or services
purchased or acquired by COOT pursuant to this contract.
2. Contractor hereby expressly agrees:
a. That, upon becoming aware that a third party has commenced a civil action asserting on Contractor's
behalf an antitrust claim which has been assigned to COOT hereunder, Contractor shall immediately
advise in writing:
(1) Such third party that the antitrust claim has been assigned to COOT, and
(2) COOT that such civil action is pending and of the date on which, in accordance with subparagraph
a. (1) above, Contractor notified such third party that the antitrust claim had been assigned to COOT;
b. To take no action which will in any way diminish the value of the claims or rights assigned or dedicated
to COOT hereunder; and
c. Promptly to pay over to COOT its proper share of any payment under an antitrust claim brought on
Contractor's behalf by any third party and which claim has been assigned to COOT hereunder.
3. Further, Contractor agrees that in the event it hires one or more subcontractors to perform any of its duties
under the contract, Contractor shall require that each such subcontractor:
a. Irrevocably assign to COOT (as a third party beneficiary) any and all claims that such subcontractor may
have or which may thereafter accrue to the subcontractor under federal or state antitrust laws in connec-
tion with any goods or services provided by the subcontractor in carrying out the subcontractor's obliga-
tions to Contractor;
b. Upon becoming aware that a third party has commenced a civil action on the subcontractor's behalf
asserting an antitrust claim which has been assigned to COOT hereunder, shall immediately advise in
writing:
(1) Such third party that the antitrust claim has been assigned to COOT, and
(2) Contractor and COOT that such civil action is pending and of the date on which, in accordance with
subparagraph b. (1) above, the subcontractor notified such third party that the antitrust claim had
been assigned to COOT;
c. Take no action which will in any way diminish the value of the claims or rights assigned or dedicated to
COOT hereunder; and
d. Promptly pay over to COOT its proper share of any payment under an antitrust claim brought on the
subcontractor's behalf by any third party and which claim has been assigned or dedicated to COOT
pursuant hereto.
I, acting in my capacity as officer of a bidder (bidders if a joint venture) do agree to the above assignment of
antitrust claims.
By 2-LJ{tl---Contractor's firm or company name
Osmun Inc.
Tit I if'
1 Tad Osmun
2nd contractor's firm or company name. (If joint venture.) By I Date
Title
COOT Form #621 12191
COLORADO DEPARTMENT OF TRANSPORTATION
BIDDERS LIST
Project Name and Number Project Code Proposal Date Contractor Region
M 405-018 PR (20074) M 405-018 PR (2007~) Sep 2nd 2014 Osmun Inc.
Subcontractors/SuppliersNendors: The bidder must list all firms seeking to participate on the contract. This information is used by the
Colorado Department of Transportation (COOT) to determine overall goals for the Disadvantaged Business Enterprise Program . ·Failure to
submit this form may result in the proposal being rejected.
Firm Name Email
wL.
Work Proposed
(Select all that apply)
.
DBE
<)'IN)
. , ..
,/t/
y
I certify that the information provided herein is true and correct to the best of my knowledge.
Tad Osmun 7 ~lf2 Owner
Name Signature/Initials Title
W or.k Proposed Cat egories:
1. ll l ateri al s and Supp lies
2. F l aggi ng and Traffic Contro l
3. Trucking and Haut1 ng
4 Precast Concrete. Foundations. and
Footi ngs
5. Concrete Pa ving F l atl.vo rk an d Repa ir
6. Lightmg and E l ectri ca l
7. S igns Si gna l ln sta ltat10 n. and Guardra il
8. Fenc1ng
9. Buildmgs and Vertica l Structures
10. Utility Water and Se tt'er Lines
11 . Structura l Stee r and Stee l Remforcement
12 . R ip-rap and Anchored Reta i ning Wa ft s
13. Landscape and Erosion Contro l
14 . Bridge and Bridge Deck Construction
15 Asphal t Pavi ng
16. Road and Parking Lot AAarking
17 . Ch ip Seal Crack Sea t. Joi nt Sea l and
Crack F ili
18 . Bri dge Pai nting and Coating
19. Sta i n'V'ay and Ornamenta l M etal
2 0. Parking Lots and Commercial s ;dewa l ks
21 . Cl eanng Demoliti on. Excavatron an d
Ea;thn ork
22. En g ineeting and Sw veying Sen/ices
23. Pub lic Re l ations anci Involvemen t
24. Piles and Deep Foundati ons
25. Waste M a n agement and Recycli ng
26 Site C lean Up
27. ~ 1echani ca l and HVAC
28. Tunne l Construction
29 Profili ng and Gnnding
30 Environmen ta l Hea lth and Safety
This form must be submitted by the proposal deadline. For COOT projects, submit to cdot hq dbeforms@state.co.us.
Selected
(Y/N)
,
9/1114
Date
COOT Form #1413 01/14
t
COLORADO DEPARTMENT OF TRANSPORTATION
COMMITMENT CONFIRMATION
Category Work to be Performed DBE Work Code(s)
Construction
Trucking
Supplies
Services Trafic Control 561990
is section must be signed by an individual with the power to contractually bind the Biddertr..nntr~l"tnr
n the second degree and any other applicable state or federal laws that the stat~ments made in this
ccurate to the best of ur kno\Atledae.
Commitment
Amount
$42,356.68
Eligible
Participation
is document is not a contract with the Bidder/Contractor; it is an acknowledgement of the obligation that the Bidder/Contractor is making
CDOT. The amounts listed above may.be less than the subcontractor or purchase order amount, but can never be more, and shall not
any mark up by the Bidder/Contractor. All questions must be answered.
you contracting directly with the Bidder/Contractor or with one
its subcontractors? If with a subcontractor, provide the firm name.
I you be purchasing supplies or materials or leasing or renting
uipment from the Bidder/Contractor or its subcontractors? If so,
Do you intend to subcontract any portion of the work listed above?
If yes, state to which firms, what work and the approximate amount.
ude trucking subcontractors and owner-operators.
you be providing trucking services on this project? If so, state
many of your own trucks and employees you will have on this
within your firm will be supervising and responsible for your
rm's work on this project?
II you be acting as a broker on this project? If so, state what you
II be brokering and your approximate brokerage fee.
tJo
1 of 2 COOT Form# 1415 01/14
Will you be acting as a supplier on this project? If so, please state
what you will be supplying and whether you will manufacture the
items.
This section must be signed by an individual with the power to contractually bind the DB E. You dec llare under penalty of perjury in the
second degree and any other applicable state or federal laws that the statements made in this document are complete, true and to the best
of your knowledge. You attest that you are eligible to participate as a DBE on this contract for he work listed above and have the capacity to
perform the work as stated.
See the DBE Standard Special provision for additional information on completing and submitting this form.
Pre~award COOT projects: Submit this form to the COOT Civil Rights and Business Resource Center via fax to (303)757-9019. All
riginals must be sent to: COOT Civil Rights and Business Resource Center, 4201 E. Arkansas Ave. Room 150, Denver, CO 80222.
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2 of2 COOT Form# 1415 01/14
The contract for the 2013 Flood Damage Repair Project
can be viewed on line at
www.estes.org/BoardsandMeetings
RESOLUTION NO. 20-14
A RESOLUTION SUPPORTING THE PASSAGE OF LARIMER COUNTY
PROPOSITION 100 AND URGING THE CITIZENS OF THE TOWN OF ESTES PARK
TO VOTE “YES” ON THIS PROPOSITION SUPPORTING THE LARIMER HUMANE
SOCIETY AND THE CONSTRUCTION OF A NEW ANIMAL SHELTER FOR
LARIMER COUNTY
WHEREAS, the Larimer Humane Society is a non-governmental, non-profit
organization that has been caring for the homeless and abandoned animals of Larimer
County for over forty (40) years; and
WHEREAS, in addition to sheltering and adoption services the Larimer Humane
Society currently provides essential animal control services to Larimer County which
services promote the health and safety of the animal and human population in the
County; and
WHEREAS, the current Larimer Humane Society facility was opened in 1974 and
was designed to meet the needs of the population of Larimer County at that time; and
WHEREAS, the population of Larimer County has grown over 330% since the
facility was opened in 1974; and
WHEREAS, earlier this year the Larimer Humane Society was able to gather the
signatures of over 13,000 registered voters supporting a new animal shelter for Larimer
County and for the inclusion of Proposition 100 on the November 4, 2014 county-wide
ballot; and
WHEREAS, in July, 2014 the Larimer County Clerk certified the citizens petition
and placed Proposition 100 on the November 4, 2014 ballot; and
WHEREAS, if passed, Initiative Proposition 100 will enable the Larimer Humane
Society to construct an up to date animal shelter designed to meet the current and
future needs of Larimer County; and
WHEREAS, for the sum of $.01 on every $10 spent in Larimer County for a time
period not to exceed six years, the Larimer Humane Society will be able to better serve
all of the homeless and abandoned animals of Larimer County and continue to provide
animal control and sheltering services to the citizens of Larimer County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO, AS FOLLOWS:
1. The Town Board fully supports the mission of the Larimer Humane Society and
for the reasons aforesaid fully supports the passage of Larimer County
Proposition 100.
2
2. The Town Board urges every registered voter to go to the polls on November 4,
2014 and to vote “YES” on Proposition 100 to allow the construction of a new
shelter for the Larimer Humane Society and in support of the mission of the
Larimer Humane Society to provide care, shelter and support the animals of
Larimer County.
Dated this___________________________, 2014.
______________________________
Mayor
ATTEST:
________________________________________
Town Clerk
Animal Service for Larimer
County Since 1969
YesNewShelter.com
An Inadequate Building
•Cracking Foundation
•Asbestos
•Flat Roof
•HVAC and Plumbing Limitations
•Crumbling kennel materials
•Far too small
•One narrow, windowless hallway
•Inefficient lease for office space
•Constant maintenance and repair costs
A Growing County
Growing Population: 330% increase since 1974
Growing Expectations:
•Compassionate human services
•Modern cat housing
•Enriched kennels
•Disease control that protects owned
animals
•Disaster services
•Professional handling of community
diseases and dangerous animals
•Enforcement of animal ordinances
•Veterinary services for homeless animals
•Decreased euthanasia
Critical Services in Critical Times
Graphic by: Perfect Square
A Plan to Catch Up
•27 acres on County Road 30
north of airport
•Animal shelter
•Multipurpose facility allowing
for increased service revenue
•Dog Park
•Outdoor dog runs and
exercise space
•38,802 Square foot building +
exterior yards
An Initiative to Share Costs
•0.1% Sales Tax Increase
•13 million + Financing
•Sunsets 6 year or sooner
•Standard Larimer sales tax
exemptions, like gas and
groceries
•An opportunity to share costs
without burdening jurisdictions
•Private-Public Partnership
•Agreement with Larimer County
A future that meets Larimer County’s needs
•Current services can’t be continued in the existing
shelter
•Passage of this initiative would be a win-win:
•End users share the cost
•Experts in animal services provide animal
services
•Government does not have to take over animal
services
•Jurisdictions do not have to directly fund the
shelter
•Community expectations are met
•Streets and trails are free of roaming and
dangerous animals
•Rabies is controlled
YesNewShelter.com
Larimer Humane Society
New Facility
Program and Schematic Design
Executive Summary
Updated 9/4/14
P a g e | 2
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
I. Project Background
In late 2007, Larimer Humane Society purchased 27 acres of land at 3437 and 3501 East County
Road in Loveland, Colorado as the site for a new facility. As part of the purchase, the land was
annexed into the City of Loveland. Following the purchase, leadership transition at Larimer
Humane Society and the economic downturn required a temporary delay in the project. After
paying off the loan on the land in early 2011, the Board of Directors of Larimer Humane Society
decided to move forward with the planning process for the new facility.
The initial step in that process was the issuance of a Request for Proposal for Architectural and
Engineering Services for Programming and Schematic Design. As a result of the selection
process, Larimer Humane Society retained Animal Arts Design Studios, Inc. of Boulder
Colorado to assist with this phase in the development of the new animal shelter.
Animal Arts used the following assumptions in developing a program for the new shelter:
The building shall meet current PACFA (Colorado Department of Agriculture Pet
Animal Care Facilities Program) regulations.
The program shall implement the Association of Shelter Veterinarians Guidelines for
Standards of Care in Animal Shelters, released in 2010, when possible.
The building shall implement best practices for biological risk management.
The animal environments shall be designed using proven methods for reducing stress.
The shelter shall be easy to operate and shall be designed to minimize maintenance.
The interior and exterior spaces shall comply with current building codes, regulations,
and handicapped accessibility laws.
Human environments shall be designed to be welcoming.
Provide for excellence in animal care and customer service.
II. Larimer Humane Society Background
Founded in 1969, Larimer Humane Society is an open door, animal sheltering organization
serving approximately 12,000 animals annually. Larimer Humane Society is an independent,
non-profit organization. Larimer Humane Society contracts with several local governments to
provide animal protection and control services.
Larimer Humane Society is a leader locally and nationwide for these reasons:
High return to owner rate for dogs and cats using industry-accepted metrics.
High adoption rate using industry-accepted metrics.
Outreach and cooperation with many local, state and national organizations.
Full-service programs including education, foster, and spay/neuter programs.
P a g e | 3
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
Partnership with CSU College of Veterinary Medicine & Biomedical Sciences and
Veterinary Teaching Hospital.
Larimer Humane Society has been occupying the building at 6317 Kyle Avenue in Fort Collins
since 1974 with two additions to the original building. Despite rigorous operational protocols,
it is clear that the building has outlived its useful life. Problems include, but are not limited to:
structural issues due to shifting soils,
water and air infiltration,
ongoing maintenance costs,
poor traffic flow,
insufficient square footage for and separation of necessary functions,
insufficient staff and volunteer meeting and work areas,
over-crowded animal areas,
animal housing that does not meet current best practices, and
space constraints that required housing administrative functions at a separate building
at 5137 South College Avenue.
The new shelter will provide one location for shelter and administrative staff to improve
efficiency and promote collaboration.
Larimer Humane Society continues to strive to improve conditions for animals in the
community by planning for the future. Strategic goals are as follows:
The placement of all healthy and treatable cats and dogs by 2020.
To become an employer of choice within the animal welfare community in the Mountain
States Region.
Establishment of a viable funding framework that provides for the growth of Larimer
Humane Society programs and services.
Promote a collaborative effort with other concerned entities in Larimer County focusing
on responsible pet ownership and increasing live release rates.
Design, fund and construct a new state of the art facility for Larimer Humane Society.
Recruit new Larimer Humane Society board members and promote increased training for
new and existing board members.
III. Description of Programming Phase
The overarching goal for the needs assessment and programming phase of the project was to
use a rigorous information gathering process to ensure that the needs of the community and the
shelter were properly identified and justified. This phase included surveys of staff, board
members and volunteers, meetings with key staff members, a programming workshop, and
analysis of service data (especially animal intake and outcome data) for the past ten years.
P a g e | 4
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
The program developed reflects existing Larimer Humane Society functions and its desire to
provide excellence in animal care and exceptional community service. Enhancements to existing
functions reflect changing trends in service, such as increased medical and behavioral work for
“treatable” animals. Other enhancements included necessary improvements based on current
regulations or industry best practices, such as increased or improved size, quality and quantity
of animal housing areas and better separation of customer service areas.
IV. Summary of Program Analysis
The program analysis of space needs for Larimer Humane Society emphasized the animal
capacity requirements. For purposes of developing the program, 2010 statistics were used, but
ten year trends were reviewed.
Animal Arts considered the human population of the area served and compared it to the
number of animals that enter the shelter each year. The number of companion animals entering
the shelter is 2.9% of the human population. The Humane Society of the United States uses
these averages for the number of animals that may be expected to be cared for by the local
animal shelters:
Rural areas: 5-7% of human population
Urban areas: 4-5% of human population
While at first it may seem that our numbers are statistically low, we are serving the community
well based on the following facts:
The Front Range of Colorado has lower than average numbers of homeless animals,
We have been in the same location for decades,
Our return to owner rates for stray animals are significantly higher than average, and
Abundant wildlife results in fewer feral cats entering the shelter.
The graph below shows historical intake data for Larimer Humane Society, broken down into
dogs, cats, and other animals over the period of 2003 until 2010.
P a g e | 5
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
The intake of animals into the shelter is relatively stable and Larimer Humane Society’s
programs as well as societal trends have compensated for the growth in the human population.
For the purposes of developing the shelter program, 10% growth capacity for cats, small
mammals, and exotics was added with no additional growth capacity for dogs. These
projections are similar to other communities in the area that are starting to see stabilization or
reduction in dog intake and increases in cat intake.
V. Programming Conclusions
Larimer Humane Society has been offering excellent, comprehensive services to the community
from its current facilities for many years. As an example, UC Davis Veterinary School’s Shelter
Medicine Program states that “the adoption capacity of a community is 6-9 adoptions per
thousand people per year.” Good marketing can push this number to 10 animals adopted per
thousand people per year. Larimer Humane Society’s adoption rate exceeds 10 per thousand
people per year.
CATS
DOGS
OTHER
YEARS YEARLY ANIMAL INTAKE LARIMER HUMANE SOCIETY ANIMAL INTAKE OVER TIME
P a g e | 6
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
Because Larimer Humane Society is doing well in a facility that has outlived its useful life, they
must work harder to develop a shelter that will allow they to continue to provide excellence in
animal care and exceptional community service for the next 30 years and beyond.
Throughout the programming process, staff, board and volunteers stressed that in order to
achieve their goals, they will need high-performance animal environments that reduce stress,
prevent the spread of disease, and allow staff and volunteers to perform their jobs efficiently.
These environments will, in turn, allow Larimer Humane Society to reduce animal care days for
easily adoptable animals and focus efforts on animals that may require more medical treatment
or behavior training to be adopted into homes, thus reducing euthanasia rates and increasing
live release rates.
VI. Schematic Design
Following from the building Program, the design team worked to develop a schematic design
involving building floor plan and site plan schematics. The schematic design meets the project
objectives and delivers a solution that is unique to Larimer Humane Society. Architecturally,
the Larimer Humane Society building respects the site and the community that it serves. It is
intended to be a friendly building that is both professional and memorable.
The current design meets Larimer Humane Society’s primary program goals and objectives:
The building accommodates the requirements for animal capacity, including seasonal
peak capacity and future expansion in cat capacity.
Enough space is allocated in the animal areas to allow them to meet or exceed current
best practices for animal housing, including PACFA standards and the ASV Guidelines
for Standards of Care in Animal Shelters.
Most of the animal spaces are on exterior walls, allowing for natural light and
opportunities for easy access to outdoor exercise areas.
Separate primary circulation paths are used by the general public and the shelter staff,
which allows for efficient shelter operations.
Specified materials hold up to heavy use in animal sheltering environments.
The visitor areas of the building are inviting, quiet, and full of light. Retail strategy was
employed to encourage the adoption of all animals, but especially cats.
Public spaces are located along the east and south sides to take advantage of Colorado’s
excellent climate.
Animal shelter buildings must be designed with function front and center. They must be easy
to clean and operate, and the finishes must be durable. Despite these necessities, architecture
must not be forgotten. The new facility is likely to stand for decades and must make a good
P a g e | 7
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
impression, and the right impression. The building should look professional enough to boost
confidence in the organization, without becoming a monument to architecture.
In order to get the most “bang for the buck,” Animal Arts took the following approach to
designing the building:
The building is oriented with the primary facades facing north and south to reduce
energy costs and to take advantage of numerous openings to the outside.
The circulation pattern was designed with simplicity in mind. It is a linear spine with
saddle bags that extend from each side. Both the spine and the saddle bags can be
expanded to provide for future additions to the building.
The building is rectangular in shape. Because of its size, it is necessary to utilize a low-
slope roof rather than a pitched roof form. Therefore, the primary form of the building
is a box which is a simple shape to build.
Mechanical units may be set away from building edges to reduce the necessity to
construct mechanical screens.
The Animal Arts team agreed that the architectural language of the buildings should refer to the
agrarian nature of the site. They developed a language of agriculturally-influenced forms and
materials, including:
Simple pitched gabled roofs with metal roofing.
Agricultural fabric-roofed structures to enclose outdoor dog exercise areas.
Long overhanging porches.
Vertically applied metal siding and concrete block building materials.
The end result is a building that not only looks like it belongs on the site, but also a building
that looks like it belongs in Colorado. Animal Arts refrained from using shapes that are overly
trendy so that the Larimer Humane Society can maintain a timeless image for years to come.
At the end of the schematic design phase, the project has the following scope:
An animal shelter building of approximately 33,362 square feet on the first floor, 3,791
square feet on the second floor, and 5,440 square feet of exterior yards. The total
building footprint is 38,802 square feet. (The total building is 37,153 square feet of
interior space and 5,440 square feet of covered exterior yard.)
A separate multipurpose building of approximately 3,000 square feet.
Associated site and offsite improvements.
The anticipated capital construction cost for the proposed program is $9,997,301.
With the addition of other anticipated project costs including professional and
development fees, equipment, moving costs, contingencies, cost escalation and
fundraising costs, and transition costs the anticipated project budget is $16,500,000.
P a g e | 8
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
VII. Summary of Budget Analysis
The goal in developing the budget for Larimer Humane Society was to take into consideration
the anticipated hard and soft costs in order to develop a realistic overall project cost. Inflation
factors were also included, as well as contingencies, to produce a budget that can be sustained
over the number of years that it will take to complete the project.
The budget includes the shelter and multipurpose building, associated site development costs,
landscaping and outdoor runs, a dog park, transition costs and fundraising costs.
Following is a description of the rationale behind the preliminary budget estimate:
Capital Construction Cost:
o The cost for the shelter itself is roughly $220 per square foot, including site
development costs (excluding multipurpose building, offsite road and utility and
inflation.) The cost of the building assumes that it is constructed as a state of the
industry municipal quality shelter. We are not assuming that it incorporates
additional grand architectural statements or unusual green building systems.
o The outside yards are budgeted as simple structures that are designed to cover
but not condition the spaces.
o The multipurpose building is budgeted as a simpler pre-fabricated metal
building.
o Offsite road and utility costs assumes required offsite road development and
bringing 3 phase power and a gas line to the new building. Upgrades to existing
sewer and water are in site development costs.
o Furnishings, fittings, and equipment at approximately 5% of construction costs.
o Inflation costs are assumed at 5% inflation for the next four years.
Professional Services: Includes architecture and engineering services and an outside
project manager to facilitate and manage the project and normal legal fees.
Permitting Fees: Based on fees paid to utility owners and municipalities to develop the
site.
Fundraising Costs: Costs for capital campaign and voter initiative efforts.
Contingency: To cover unknowns, change orders, etc. that are a normal part of a
construction project.
Transition Costs: This would provide funding to allow for increased expenses and
programmatic activities during the first two to three years of operation while revenue
catches up with expenses.
Animal Arts put together the following funding comparisons for their report. The names of
other organizations have been removed to protect their privacy. (Only hard construction costs
are used in this comparison.)
P a g e | 9
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
Description size animals people cost cost/s.f. cost/animal cost/person
Municipal- West 36,000 10,984 600,000 10,500,000 292 956 18
Municipal- East 53,000 13,585 1,100,000 15,700,000 296 1,156 14
Municipal- South 24,000 4,561 133,000 7,400,000 308 1,622 56
Non-Profit-North 38,104 7,252 909,800 9,700,000 255 1,338 11
Non-Profit-South 35,000 8,315 186,880 9,250,000 264 1,112 49
Average 37,221 8,939 585,936 10,510,000 283 1,237 30
Larimer Humane 38,802 8,666 300,000 8,301,060 214 958 28
The two shelters at the top of the list only care for a portion of the animal population in their
communities. When you consider this, it is the professional opinion of Animal Arts that
Larimer Humane Society is embarking on a project that is reasonable and normal for the size of
their community.
P a g e | 10
Larimer Humane Society
To promote and provide the responsible care and treatment of animals
Program Budget
Larimer Humane Society - New Facility
Animal Care Campus
9/4/14
Budget
Real Estate Expenses $1,400,000
Land Acquisition $1,400,000
Professional Services $1,543,244
Architectural and Engineering $1,076,504
Project and Construction Management $456,740
Legal $10,000
Permitting $225,000
Development Fees $100,000
Water and Sewer Fees $120,000
Ditch Company $5,000
Capital Construction $10,235,561
Shelter - Main Facility $8,301,066
Multipurpose Building $495,235
FF&E $750,260
Offsite Road and Utility $245,000
Capital Construction Inflation $434,000
Commissioning $10,000
Outdoor Site Work, Landscaping & Dog Park $440,000
Outdoor Dog Runs $125,000
Perimeter Fencing & Landscaping $175,000
Directional Signage $40,000
Dog Park $100,000
Transition Costs $500,000
Moving Costs $50,000
Fundraising and Ballot Initiative Costs $750,000
Contingency $1,356,195
Total Budget $16,500,000
The Problem
Larimer County’s population has grown more than 330% since the shelter was built in 1974.
Today Larimer Humane Society places more than double the animals it did then
Conditions at the current shelter are very cramped, which means the chances of contagious
disease spreading among the animals are much higher
The current shelter is too small to provide the humane medical care and rehabilitation that
injured or abused animals need so they can be adopted
Asbestos, a failing foundation, and property size make renovation impossible
The building requires significant maintenance costs and impedes Larimer Humane Society’s
ability to provide public health and animal care services in the three major jurisdictions:
Loveland, Fort Collins and Unincorporated Larimer County
The Initiative
The initiative would increase sales tax on certain purchases by .1%, excluding gas and groceries,
would last for a maximum of six years, and cannot be renewed
The tax will collect a total of $13 million plus the cost of bond issuance and will sunset before 6
years if funds are collected sooner
The increase would cost one cent for every $10 spent on applicable purchases. For the average
household, that’s $2.67 per month
New Facility
The new building is designed for efficiency and will meet state regulations and industry best
practices
The building design accounts for special considerations specific to animal shelters such as: HVAC
for each animal holding room; building materials that can withstand a great deal of wear; and
special plumbing considerations to maximize disease control
The new building will include sufficient space for animals that need time to heal from injuries
and need some time for training before they can be adopted
The new shelter will be located on land already owned by Larimer Humane Society on County
Road 30 just North of the Fort Collins/Loveland airport
Timeline
Once the community votes favorably for this initiative, the project will take 20-24 months to
completion, thus the projected opening date would be winter 2016
TOWN ADMINISTRATOR Memo
To: Honorable Mayor Pinkham
Board of Trustees
From: Frank Lancaster, Town Administrator
Date: September 23, 2014
RE: AUTHORIZATION FOR ASST. TOWN ADMINISTRATOR
Objective:
To receive authorization to proceed with filling the position of Asst. Town Administrator
Present Situation:
The Assistant Town Administrator resigned the second week of September, just prior to
the 2013 floods. Due to concerns over town revenues, I did not refill the position and
did not include the position in the 2014 budget. I also took this time to re-examine the
roles and responsibilities of this position and I have revised the job description for the
Asst. Town Administrator. As we move forward with flood recovery and other town
projects and issues are presenting themselves, it has been difficult to keep up with the
work load required in the Administration office of the Town. Some board objectives and
projects have been falling behind due to lack of staff time to devote to these issues. In
order to provide the level of service requested by the board and to catch up with the
special projects and day to day duties of the Administrator's office, I believe we need to
now fill this position.
The responsibilities of this position have been modified to better fit the needs of the
Town, including removing any supervisory responsibilities and adding responsibility for
the Town's Risk Management functions.
Proposal:
That the Board authorize the Town Administrator to fill the positon of Asst. Town
Administrator as described in the attached job description and that I have the discretion
to fill the position immediately or to delay filling the position until such time deemed
appropriate.
Advantages:
Projects that have been on hold will be able to be put back on the front burner
Decrease the workload in the Administrative Services Department by taking on
the Risk Management functions of the Town.
Provide assistance to the Town Administrator and Department Heads in meeting
the Town Board goals and objectives.
Disadvantages:
Cost of the position.
Action Recommended:
Authorize the Town Administrator to refill of the Asst. Town Administrator position at a
time deemed appropriate by the Town Administrator, and authorize the revisions to the
Administration Budget to fund said position.
Budget:
Salary range, Management 5 $74,707 - $108,325 + benefits
Level of Public Interest
Moderate
Sample Motion:
I move to Authorize the Town Administrator to refill the position of Asst. Town
Administrator at a time deemed appropriate by the Town Administrator, and authorize
the revisions to the Administration Department budget to fund said position.
TOWN OF ESTES PARK
ASSISTANT TOWN ADMINISTRATOR
EXEMPT: Yes GRADE: MGMT 5
DEPARTMENT: Administration REPORTS TO: Town Administrator
SUMMARY
Under limited supervision of the Town Administrator, provides performs a wide variety of
professional level administrative duties while providing direct support to the Town
Administrator as well as support to Department Heads of the Town of Estes Park.
EXAMPLES OF ESSENTIAL DUTIES AND RESPONSIBILITIES
The below list is intended to be illustrative of the responsibilities of the position and not all
encompassing. The Town may change these duties at any time.
Assists the Town Administrator in performing a wide variety of administrative functions in
the day-to-day operations of the Town.
Assists the Town Administrator with a variety of special projects including, but not limited
to, grant writing, liaison with community organizations, information gathering, and
intergovernmental relations policy development, as assigned by the Town Administrator.
Establishes and maintains effective working relationships with employees, Town officials
and departments, community groups, professional organizations, and the general public.
Performs professional duties in the areas of claims management, accident investigations,
consultation, loss preventions, training, implementing and coordinating insurance contracts,
programs and activities associated with property, causality, auto and claims administration.
Researches, prepares, implements and evaluates a variety of new or special administrative
programs as assigned; recommends solutions to potential or existing Town problems.
Conducts informational research studies; investigates, prepares, presents and implements (as
necessary), complex, technical, statistical and operating reports and other items based upon
existing policy or upon special direction from the Town Administrator.
Represents the Town at various community meetings and attend meetings/conferences of related
local, regional and national professional development organizations as well as Board and
Committees as assigned; meets and confers with individuals and groups to explain, interpret and
discuss Town policies on a variety of subjects.
Assist with preparing, monitoring, and administering of the Town’s annual budget.
Provides business assistance function by serving as a point of contact for questions regarding
business resources; develops positive working relationships with economic development resource
providers.
Receives and manage citizen complaints, comments and suggestions.
Performs other related work as required or assigned.
KNOWLEDGE, SKILLS & ABILITIES
To perform this job successfully, an individual must be able to perform each essential duty
satisfactorily. Reasonable accommodations may be made to enable qualified individuals with
disabilities to perform the essential functions. The requirements listed below are
representative of the knowledge, skill, and/or ability required:
Excellent skills in written composition.
Working knowledge of the principles and practices of public administration, including
research methods and procedures.
Some knowledge of governmental budget and accounting methods.
Ability to plan, direct, coordinate and evaluate various administrative functions.
Ability to develop, and interpret Town ordinances, rules, regulations and policies.
Ability to analyze administrative problems and to make effective recommendations for their
solution.
Ability to communicate effectively, both verbally and in writing, and follow oral and written
instructions.
Ability to establish and maintain effective working relationships with employees, Town
officials and departments, elected officials, community groups, professional organizations,
and the general public.
Ability to use a computer and other electronic devices as well as software programs such as
Microsoft Office and an internet browser.
EDUCATION & EXPERIENCE
Bachelor’s Degree in Business Administration, Public Administration, Finance or related
field. Masters Degree preferred.
Three years of professional management experience in organizations of similar size and
complexity to the Town of Estes Park.
A combination of education and experience may be considered
CERTIFICATES, LICENSES, REGISTRATIONS
Valid Colorado Driver’s License and satisfactory driving record.
Assistant Town Administrator
Physical Requirements and Work Environment
Frequency Guide
Rarely (R) Occasionally (O) Frequently (F) Constantly (C)
Less than - 5% 6 – 30% 31% - 70% Over 70%
Physical Task Frequency Physical Surroundings Frequency
Sitting F Extreme Temperatures R
Standing F Inside Work C
Walking F Outside Work R
Running R Walking on uneven surfaces R
Stooping O Working at height R
Kneeling R Other:
Squatting R
Climbing R Environmental Conditions
Balancing O Exposure to Chemicals O
Reaching O Exposure to Gases/Fumes/Dust O
Grasping C High Noise Levels R
Fingering C Moderate Noise Levels O
Handling C Vibrations R
Visual Acuity: Near F Light/Power Equipment Ops O
Visual Acuity: Far O Heavy Equipment Operation O
Depth Perception R Work in Traffic R
Color Discrimination R Local Travel F
Peripheral Vision O Out of Town Travel O
Talking C Other:
Hearing C
Other: Weight of Objects Moved
Over 100 pounds R
Over 50 Pounds R
Over 10 pounds O
I understand the description of this job and the essential functions, as given above. I also
understand that all of the duties are not described above and that I will perform those above and
all other assigned duties as directed by my supervisor and management.
Signature: Printed Name:
Date:
PUBLIC WORKS Report
To: Honorable Mayor Pinkham
Board of Trustees
Town Administrator Lancaster
From: Scott Zurn, PE Special Projects Manager
Date: Sept 23, 2014
RE: Event Center & Pavilion Construction Update
Objective:
To update the Town Board and the public on the progress of the MPEC and Pavilion
project at the Stanley Fairgrounds.
Present Situation:
The MPEC main floor area is substantially completed. This area of the building is being
utilized under temporary occupancy. The electrical is now complete enough for the
heating systems in the majority of the building. Heating systems can now be turned on if
temperatures drop. Approximately two more weeks of electrical work is required for
completion of the base contract work. Final carpets are being installed in all areas
minus the silo area.
The second floor of the silo has been installed and this week the metal roof materials
are substantially complete. The approximate cost of structurally raising the exterior of
the Silo is $45,000.00 and the cost of adding the structural elements for the concrete
second floor within the Silo is approximately $15,000.00.
Staff is soliciting bids for interior finishes, mechanical and electrical changes that are
required as part of adding a second floor in the Silo.
Additional work underway includes the exterior west and north decorative truss
elements over the overhead doors.
On the exterior, final stucco has been installed and decorative stone elements are
complete. Final exterior railings are also being installed.
Budget:
Community Reinvestment Fund - $5,682,050. The project remains within budget.
Level of Public Interest
This project has a very high level of public interest.
R:\0951 - Town of Estes Park\0010 - 2013 Flood Damage Repair Project\Word\Contract Documents\Part 1 - Contract Section.doc
CONTRACT SECTION
2013 FLOOD DAMAGE REPAIR PROJECT
TOWN OF ESTES PARK, LARIMER COUNTY, COLORADO
JULY 2014
PREPARED BY:
RGA JOB NO.:
951.0010
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-TOC
JULY, 2014
CONTENTS
PART 1 CONTRACT SECTION
PART 2 GENERAL PROVISIONS
PART 3 SPECIAL PROVISIONS
PART 4 CDOT & FHWA FORMS, DOCUMENTS AND REQUIREMENTS
PART 5 GEOTECHNICAL STUDY
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-TOC
JULY, 2014
TABLE OF CONTENTS
2013 Flood Damage Repair Project
PART 1 – CONTRACT SECTION
Title Page
PROJECT SCHEDULE ................................................................................................................................ 1
INSURANCE REQUIREMENTS ................................................................................................................... 2
INSTRUCTIONS TO BIDDERS .................................................................................................................... 2
BID PROPOSAL ........................................................................................................................................... 8
BID SCHEDULES ....................................................................................................................................... 12
BID BOND ……….. ..................................................................................................................................... 59
CONTRACTOR'S QUALIFICATIONS STATEMENT .................................................................................. 61
NOTICE OF AWARD .................................................................................................................................. 66
ACKNOWLEDGEMENT OF NOTICE ......................................................................................................... 66
AGREEMENT FOR PROFESSIONAL SERVICES .................................................................................... 67
PERFORMANCE BOND ............................................................................................................................ 74
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER ................................................................................... 76
PAYMENT BOND ....................................................................................................................................... 77
NOTICE TO PROCEED.............................................................................................................................. 79
ACCEPTANCE OF NOTICE ....................................................................................................................... 79
RELEASE AND CERTIFICATE OF PARTIAL PAYMENT .......................................................................... 80
RELEASE AND CERTIFICATE OF FINAL PAYMENT ............................................................................... 81
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-1
JULY, 2014
PROJECT SCHEDULE
DATE : July 2014
PROJECT NO.: 0951.0010
PROJECT DESCRIPTION: 2013 Flood Damage Repair Project
- Refer to Special Provisions for more detailed project information
PROJECT MANAGER: Scott Zurn, P.E., Town of Estes Park szurn@estes.org
James Landry, P.E., RG & Associates, LLC jlandry@rgengineers.com
Ken Pavlick, CDOT pavlickk@pbworld.com
Sealed bid proposals will be received by the Town of Estes Park, Public Works Department, 170 MacGregor
Avenue, Suite 100 until 9:00 A.M., on the 2nd day of September, 2014. Proposals and Bid Security shall be
enclosed in a sealed envelope and addressed to the Town of Estes Park, and marked “2013 Flood Damage
Repair Project”. The entire contract and specifications book shall be submitted with the proposal.
COST OF PLANS AND SPECIFICATIONS: NO CHARGE
LENGTH OF TIME BIDS SHALL REMAIN OPEN: Ninety (90) consecutive calendar days after the date of
the Bid opening.
SCHEDULE:
Pre Bid Meeting at Town Hall August 20, 2014 at 9:00 A.M.
Last day for questions: August 21, 2014 at 12:00 P.M.
Last day for Issuance of Addenda: August 25, 2014 at 12:00 P.M.
Bid Opening Location: Town Hall September 2, 2014 at 9:00 A.M.
Notice of Award
(Approximate): September 12, 2014
Preconstruction Meeting
(Approximate) September 19, 2014
Notice to Proceed/Begin Construction September 19, 2014
Completion November 28, 2014
Contact for Questions (All questions are to be submitted via email):
James Landry, P.E., RG & Associates jlandry@rgengineers.com
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-2
JULY, 2014
INSURANCE REQUIREMENTS
A successful Bidder shall carry the following insurance and shall submit proof of such insurance when he
delivers the executed Contract to the OWNER, CDOT and RG & Associates, LLC must be named as an
additional insured on all insurance policies and certificates of insurance. Insurance certificates required for
this project shall be sent or delivered to the OWNER.
See Section 11.0 of the General Provisions for insurance requirements.
INSTRUCTIONS TO BIDDERS
SECTION 1 - DEFINED TERMS
1.01 The terms used in these Instructions to Bidders are defined in the General Provisions. The term
“Successful Bidder” means the lowest, qualified, responsible Bidder to whom the OWNER (on the basis of
the OWNER evaluations as hereinafter provided) makes an award.
SECTION 2 - COPIES OF CONTRACT DOCUMENTS
2.01 Copies of the plans and specifications are available on line at www.estes.org.
2.02 No partial sets of Contract Documents will be issued. Complete sets of Contract Documents shall
be used in preparing Bids.
2.03 All bidders are required to provide contact information to the OWNER,
Scott Zurn, P.E. 1-970-577-3582
1-970-449-3689
szurn@estes.org
including contact name, email and telephone number.
2.04 All bidders are required to check the RFP page for posted addendums, prior to submitting bids.
2.05 OWNER, in making copies of Contract Documents available on the above terms, does so only for
the purpose of obtaining Bids on the work and does not confer a license or grant for any other use.
SECTION 3 - QUALIFICATIONS OF BIDDERS
3.01 Contractors Qualification Statement: Bidders are required to submit evidence that they have a
practical knowledge of the particular Work bid upon, and that they have the financial resources to
complete the proposed Work. In determining the Bidder’s qualifications, the following factors will be
considered: (a) work previously completed by the Bidder, (b) plant and equipment available to be used in
this Work, (c) recent financial statement relative to resources, including cash and bank credits available,
(d) surety company that has indicated its willingness to bond the Bidder, (e) statement of material on hand
and available for this work, (f) whether the Bidder maintains a permanent place of business, and (g)
whether the Bidder has appropriate technical experience. Each Bidder may be required to show that it
has handled former work so that no just claims are pending against such work.
No Bid will be accepted from a Bidder who is engaged on any work which would impair his ability to
perform or finance this Work.
3.02 Evidence of a Bidder’s qualification to do business in the State of Colorado may be required.
3.03 The Bidder will be required to establish to the satisfaction of the reliability and responsibility of all
proposed subcontractors and suppliers pursuant to the criteria set forth in these Instructions. Prior to the
award of the Contract, the OWNER will notify the Bidder in writing if the OWNER has reasonable objection
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-3
JULY, 2014
to any such proposed subcontractor. In this event, the Bidder may, at his option, (1) withdraw his Bid, or
(2) submit a substitute acceptable to the OWNER with an adjustment in the Bid to cover any difference in
cost. The OWNER may, at its discretion, accept the adjusted Bid or may disqualify the Bidder. In the
event of either withdrawal or disqualification, the Bid Security shall be returned to the Bidder.
SECTION 4 - EXAMINATION OF CONTRACT DOCUMENTS AND SITE
4.01 Before submitting a Bid, each Bidder should (a) examine the Contract Documents thoroughly; (b)
visit the site or sites to familiarize himself with local conditions which may, in any manner, affect cost,
progress or performance of the Work; (c) familiarize himself with federal, state, and local laws, ordinances,
rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d)
study and carefully correlate Bidder’s observations with the Contract Documents.
4.02 On request, the OWNER will provide each Bidder access to the site or sites to conduct such
investigations and tests as each Bidder deems necessary for submission of its Bid.
4.03 The Work shall be confined to street rights-of-way or other lands controlled by the OWNER or as
directed by the Project Manager.
4.04 Site access will be limited to normal working hours unless otherwise provided in the Specifications
or otherwise directed by the Project Manager.
4.05 The submission of a Bid will constitute an incontrovertible representation by the Bidder that he
has complied with every requirement of Section 4 and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all terms and conditions for performance of the Work.
SECTION 5 - INTERPRETATIONS
5.01 All questions regarding the meaning or intent of the Contract Documents are to be submitted in
writing to the Project Manager. Refer to CS-1 for last day to request interpretations of document and
issuance of Addenda. Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect. Addenda will be e-mailed or delivered to all
parties recorded by the OWNER as having received the Contract Documents. It shall be each Bidder’s
responsibility to make inquiry as to the addenda that have been issued. All such addenda shall
become part of the contract, and all Bidders shall be bound by such addenda, whether or not received by
the Bidder.
SECTION 6 - BASIS OF BIDS
6.01 The bidder shall complete all the Bid Schedules.
6.02 The total bid will be determined as the sum of the products of the estimated quantity of each item
and the unit price bid and the lump sum prices listed on the Bid Schedule. The final Contract Price will be
subject to adjustment according to the final measured, used, or delivered quantities, and the unit prices in
the Bid will apply to such final quantities, except that unit prices will be subject to change by Change
Order if quantities vary.
SECTION 7 - BID SECURITY
7.01 Each Bid must be accompanied by Bid Security in the amount of 5% of the maximum bid. Bid
Security may be in the form of a certified or cashier’s check payable to the Town of Estes Park, negotiable
United States Government Bonds (at par value), or in the form of Bid Bond included with the Contract
Documents.
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-4
JULY, 2014
7.02 If the successful Bidder fails to execute and deliver the Contract, furnish the required Performance
Bond and Payment Bond, furnish the required evidence of insurance, or satisfy all conditions precedent to
execution of the Contract within seven (7) consecutive calendar days of the date of Notice of Award,
OWNER may annul the Notice of Award and the Bid Security of that Bidder will be forfeited, not as a
penalty, but as liquidated damages to compensate the OWNER for the cost of delay and also as an
estimate of the difference between the Bidder’s Bid and that of the next lowest acceptable Bid.
The Bid Security of any Bidder whom the OWNER believes to have a reasonable chance of receiving the
award may be retained by the OWNER (a) until ten (10) consecutive calendar days after the effective
date of the Contract or (b) until the Bids expire, whichever is earlier.
SECTION 8 - CONTRACT TIME
8.01 The work is to be completed on or before November 28, 2014 as set forth in the Contract.
SECTION 9 - LIQUIDATED DAMAGES
9.01 Provisions for liquidated damages are set forth in the Contract and other Contract Documents.
SECTION 10 - SUBSTITUTE MATERIAL AND EQUIPMENT
10.01 The Contract, if awarded, will be on the basis of material and equipment described in the
Specifications without consideration of possible substitute or “or equal” items. Whenever it is indicated in
the Specifications that a substitute or “or equal” item of material or equipment may be furnished or used
by the CONTRACTOR if acceptable to the Project Manager, the procedure for submittal of any such
application by the CONTRACTOR and consideration by the Project Manager is set forth in the General
Conditions.
SECTION 11 - BID FORM
11.01 The Contract Documents include a complete set of forms which are for the convenience of
Bidders and are not to be detached from the Contract Documents or filled out, or executed. The Bidder
shall complete the Bid Proposal, Bid Schedules, Bid Bond, Contractor Qualification Statement,
and CDOT Forms 85, 605, 606, 621, 1413, 1414, 1415, 1416 (contained in Part 4, Section 1.0) which is
attached hereto; additional copies may be obtained from the Project Manager.
11.02 Bids by corporations must be executed in the corporate name by the president or a vice-president
(or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be
affixed and attested by the secretary or an assistant secretary. The corporate address and state of
incorporation shall be shown below the signature.
11.04 Bids by partnerships must be executed in the partnership name and signed by a partner, whose
title must appear under the signature. The official address of the partnership must be shown below the
signature.
11.05 Bids by joint ventures shall be signed by each participant in the joint venture or by an authorized
agent of each participant, and accompanied by evidence of authority to sign.
11.06 The names of all persons signing must also be legibly printed or typed below the signature. A Bid
by a person who affixes to his signature the word “president,” “secretary,” “agent,” or other designation
without disclosing his principal may be held to be the Bid of the individual signing. When requested by the
OWNER, evidence of the authority of the person signing shall be furnished.
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-5
JULY, 2014
11.07 The full name of each person or company interested in the Bid shall be listed on the Bid Proposal.
11.08 The Bid shall contain an acknowledgment of receipt of all addenda (the numbers of which shall be
filled in on the Bid Proposal).
11.09 No alterations in Bids, or in the printed forms therefore, by erasures, interpolations, or otherwise
will be acceptable unless each such alteration is signed or initialed by the Bidder. If initialed, the OWNER
may require the Bidder to identify an alteration so initialed. No alteration in any Bid, or in the Bid Proposal
on which it is submitted, shall be made after the Bid has been submitted.
11.10 The address to which communications regarding the Bid are to be directed must be shown.
11.11 All prices must be written in words and expressed in figures. The unit price items in the Bid
Proposal are intended to cover all items of work to be done and material to be furnished to fully complete
the work in accordance with the Contract Documents. The cost of appurtenant items of work, material,
and equipment not listed separately, not shown on the drawings or not specified by necessary to complete
the work in accordance with the Contract Documents shall be considered as included in the unit price bid.
11.12 Bids should be made on each separate item of work shown in the Bid Proposal, with reasonable
relation to the probable cost of doing the work included in such item and the right is reserved to reject any
Bid in case an item or items thereof are obviously unbalanced or appear to be so unbalanced as to affect
adversely an interest of the OWNER.
SECTION 12 - SUBMISSION OF BIDS
12.01 Each Bid shall be accompanied by the Bid Security and other required documents. One copy of
the Contract Documents must be submitted with the Bid.
12.02 If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope
with the notation “BID ENCLOSED” on the face thereof.
12.03 Bids shall be submitted prior to the time and date set for receipt of Bids as indicated in the
Invitation to Bid, or the modified time and date as indicated by Addendum. Bids received after the time
and date set for receipt of Bids will be returned unopened. Bidder shall assume full responsibility for
timely delivery at the location designated for receipt of Bids.
12.04 Oral or telephone Bids are invalid and will not receive consideration. No Bidder may submit more
than one Bid. Multiple Bids under different names will not be accepted from one firm or association.
Evidence of collusion among Bidders shall be grounds for exclusion of any Bidder who is a participant in
any such collusion.
SECTION 13 - MODIFICATION AND WITHDRAWAL OF BIDS
13.01 Bids submitted early may be modified or withdrawn by notice to the party receiving Bids at the
place and prior to the time designated for receipt of Bids. Such notice shall be in writing over the
signature of the Bidder or be by telegram; if by telegram, written confirmation over the signature of the
Bidder must have been mailed and postmarked on or before the date and time set for receipt of Bids. It
shall be so worded as not to reveal the amount of the original Bid. Bids may also be modified or
withdrawn in person by the Bidder or an authorized representative provided he can prove his identity and
authority. Withdrawn Bids may be resubmitted up to the time designated for the receipt of Bids provided
that they are then fully in conformance with these Instructions to Bidders and the Bid Security is in an
amount sufficient for the Bid as modified or resubmitted.
13.02 If within twenty-four (24) hours after Bids are opened, any Bidder files a duly signed, written notice
with the OWNER and promptly thereafter demonstrates to the reasonable satisfaction of the OWNER that
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-6
JULY, 2014
there was a material and substantial mistake in the preparation of his Bid, that Bidder may withdraw his
Bid and the Bid Security will be returned. Thereafter, that Bidder will be disqualified from further Bidding
on the Work.
13.03 All Bidders are reminded to assemble the data required on the Bidder’s Qualification Statement
form, located in the Contract Documents, whether previously submitted or not, and shall return it
completed prior to or on the day of the bid opening. Failure to submit the requested data may constitute
an incomplete bid and represent cause for rejection.
SECTION 14 - OPENING OF BIDS
14.01 Bids will be publicly opened, read aloud and tabulated by the Project Manager or other Town
representative at the Estes Park Town Hall at the address referenced above. Bids will be acted upon by
the Town Board within thirty (30) days from the opening of the Bids. An abstract of the amounts of the
Bids and major alternates will be made available after the opening of the Bids.
SECTION 15 - BIDS TO REMAIN OPEN
15.01 Bids shall remain open the time specified on CS-1 of these Instructions after the date of the Bid
opening, but the OWNER will, under other provisions stated in these Instructions or may in its sole
discretion, release any Bid and return the Bid Security prior to that date.
SECTION 16 - AWARD OF CONTRACT OR CONTRACTS
16.01 The OWNER reserves the right and discretion to reject any and all Bids, to waive any and all
informalities and to negotiate Contract terms with the successful Bidder, and the right to disregard all
nonconforming, non-responsive or conditional Bids. Discrepancies between words and figures will be
resolved in favor of the words. Discrepancies between the indicated sum of any column of figures and the
correct sum thereof shall be resolved in favor of the correct sum. Your attention is called to the fact
that proposals that are not completed verbatim on the forms designated in this Bid package are
subject to immediate rejection in the discretion of the OWNER.
16.02 In evaluating Bids, the OWNER shall consider the qualifications of the Bidders, and whether or
not the Bids comply with the prescribed requirements. The OWNER reserves the right to reject the Bid of
any Bidder who does not pass any such evaluation to the OWNER’s satisfaction. The OWNER may
accept Bids in any order or combination and may award each section of the Work to different Bidders.
16.03 The Bid of any Bidder that is in arrears to the OWNER upon debt of contract or that is a defaulter,
as surety or otherwise, upon any obligation to the OWNER may be rejected.
16.04 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by the
OWNER that the award will be in the best interests of the OWNER.
16.05 If the Contract is to be awarded, the OWNER will give the successful Bidder a Notice of Award
within the time specified on page one of these Instructions.
16.06 The successful Bidder shall furnish the OWNER with a proposed schedule of construction within
seven (7) consecutive calendar days after receipt of the Notice of Award.
SECTION 17 - PERFORMANCE AND PAYMENT BONDS
17.01 The Contract Documents set forth the Town of Estes Park’s requirements as to Performance
Bonds and Payment Bonds. When the successful Bidder delivers the executed Contract to the Town of
Estes Park, it shall be accompanied by the required Performance Bond and Payment Bond.
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-7
JULY, 2014
Accompanying the Bond Forms shall be a Power of Attorney authorizing the attorney in fact to bind the
surety company and certified to include the date of the Bond.
SECTION 18 - SIGNING OF CONTRACT
18.01 When the OWNER gives a Notice of Award to the successful Bidder, it will be accompanied by
unsigned counterparts of the Contract and all other Contract Documents. A successful Bidder shall
execute the Contract and deliver it, together with evidence of insurance and the Performance Bond and
Payment Bond, to the Town of Estes Park within seven (7) consecutive calendar days from the date of
the Notice of Award or as agreed between the CONTRACTOR and the Town of Estes Park due to lead
time required for material acquisition. Failure to do so will be adequate and just cause for the annulment
or cancellation of the awards, and in such case the Bid Security shall be forfeited to the OWNER.
18.02 Seven (7) consecutive calendar days after receipt of Notice of Award, provide:
• Executed, signed, sealed, six (6) copies GBC bound of complete Contract Documents
• Furnish performance and payment bonds
• Furnish evidence of insurance
• Submittal of proposed schedule of construction
• Product and material submittals, four (4) copies, electronic submittals are acceptable
• Deliver Application for Exemption Certificates
SECTION 19 – TAXES DUE
19.01 All books and records pertaining to the Project that will allow the accurate determination of any tax
due must be retained and kept available for inspection by the OWNER for three (3) years after the date of
the States Final Status Report (FSR) for the Grant or Final Certification of Completion.
19.02 All applicable taxes are to be paid by the successful Bidder and are to be included in appropriate
Bid items, except that, the Bidder shall not be reimbursed for any State or other sales and use taxes
incurred as a result of failure to obtain an exemption certificate prior to issuance of the Notice to Proceed.
SECTION 20 - LIABILITY FOR OWNER OVERTIME PAYMENTS
20.01 The CONTRACTOR will reimburse the OWNER for any additional costs accrued by the OWNER
due to the CONTRACTOR exceeding the completion date.
TOWN OF ESTES PARK Attest:
LARIMER COUNTY, COLORADO
By: ___________________________ ______________________________
TOWN OF ESTES PARK
170 MacGregor Avenue
Estes Park, Colorado 80517
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-66
JULY 2014
NOTICE OF AWARD
TO: ____________________________ DATE: _____________________________
_______________________________
_______________________________
PROJECT NO. AND DESCRIPTION: 2013 Flood Damage Repair Project.
The OWNER has considered the Bid submitted by you for the above described Work in response to its
Request for Bids dated , and Instructions to Bidders.
You are hereby notified that your Bid has been accepted for Work in the amount or amounts shown on your
Bid Proposal and Bid Schedule.
You are required by the Instructions to Bidders to execute the Contract and furnish the Performance Bond, the
Payment Bond, certificates of insurance, and other documentation within seven (7) consecutive calendar
days from the date of this notice.
If you fail to execute said Contract and to furnish said Bonds within seven (7) consecutive days the OWNER
will be entitled to consider all your rights arising out of the OWNER’s acceptance of your Bid as abandoned
and as a forfeiture of your Bid Security as liquidated damages, and not as a penalty, for the delay and extra
work caused thereby and also to compensate the OWNER for the difference between your bid and the next
lowest bid. The OWNER will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Town of Estes Park.
Insurance certificates required for this Project shall be sent to the Town of Estes Park.
Town of Estes Park
By: Attest:
Title:
ACKNOWLEDGEMENT OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged by CONTRACTOR.
By: ___________________________ Date: _________________________
___________________________
Title
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-67
JULY 2014
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (this “Agreement”) is made and entered into this
day of 2014, by and between the Town of Estes Park, Country of Larimer,
State of Colorado (the “OWNER”) and an independent contractor
(“Contractor”).
WHEREAS, the OWNER requires professional contracting services related to the 2013 Flood
Damage Repair Project; and
WHEREAS, Contractor has held itself out to the OWNER as having the requisite expertise and
experience to perform the required Contracting services;
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which
are hereby acknowledged, the parties hereto agree as follows:
I. SCOPE OF SERVICES
A. Contractor shall furnish all labor and materials required for the complete and prompt execution
and performance of its duties, obligations, and responsibilities (the “Work”) which are described or reasonably
implied in Contractor’s proposal dated which is provided as Exhibit A (the “Scope of
Services”), attached hereto and incorporated herein by this reference.
Exhibit A hereafter refers to:
PART 1 Contract Section
PART 2 General Provisions
PART 3 Special Provisions
PART 4 CDOT & FHWA Forms, Documents, and Requirements
PART 5 Geotechnical Study
Construction plan sets titled:
#1 Town of Estes Park
State of Colorado
Construction Bid Plans of Proposed Project No. M 405-018 PR
Project Code 20074
Community Drive Repair
Larimer County
#2 Town of Estes Park
State of Colorado
Project No. ESTPK05-Site02 to Site03, ESTPK06-Site01 to Site08 and Site11-15, ESTPK07-
Site02, and ESTPK16-Site01
Larimer County
B. No material change to the Scope of Services, including any additional compensation, shall be
effective or paid unless authorized by written amendment executed by the OWNER. If Contractor proceeds
without such written authorization, then Contractor shall be deemed to have waived any claim for additional
compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract.
Except as expressly provided herein, no agent, employee, or representative of the Town of Estes Park is
authorized to modify any term of this Agreement, either directly or implied by a course of action.
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-68
JULY 2014
II. REPORTS, DATA AND WORK PRODUCT
A. The OWNER shall provide Contractor with reports and such other data as may be available to
the OWNER and reasonably required by Contractor to perform the Scope of Services. All documents
provided by the OWNER to Contractor shall be returned to the OWNER. Contractor is authorized by the
OWNER to retain copies of such data and materials at Contractor's expense.
B. Other than sharing information with designated third parties as previously directed by the
OWNER, no project information shall be disclosed by Contractor to third parties without prior written consent
of the OWNER or pursuant to a lawful court order directing such disclosure.
III. COMPENSATION AND FINAL SETTLEMENT
A. In consideration for the completion of the Work by Contractor, the OWNER shall pay
Contractor $____________________________. The amount specified herein shall include the fees and
expenses anticipated to be incurred by Contractor in performing all services hereunder, as described in
Exhibit A.
B. If, on the basis of the OWNER’s observation of the Work and the OWNER's review of the final
Pay Application and accompanying documentation as required by this Agreement, the OWNER is satisfied
that the Work has been completed and Contractor other obligations under this Agreement have been fulfilled,
the OWNER will, within ten days after receipt of the Final Pay Application schedule a date for final settlement,
which final settlement shall be duly advertised at least 10 days prior thereto by publication of notice thereof at
least twice in a public newspaper of general circulation published in Larimer County. Otherwise, the OWNER
will return the Pay Application to Contractor, indicating in writing the reasons for refusing to schedule final
settlement, in which case Contractor shall make the necessary corrections and resubmit the Pay Application.
C. If the OWNER receives, at any time up to and including the date of final settlement, a
notarized statement by any person, partnership, or corporation, or other entity that has furnished labor,
materials, team hire, sustenance, provisions, provender, or other supplies used or consumed by Contractor or
any of its subcontractors in or about the performance of the Work, or that supplies laborers, rental machinery,
tools, or equipment to the extent used in the prosecution of the Work, whose claim therefore has not been paid
by Contractor or any of its subcontractors, the OWNER shall withhold from all payments to Contractor
sufficient funds to insure the payment of said claims until the same have been paid or such claims as filed
have been withdrawn, such payment or withdrawal to be evidenced by filing with the OWNER a receipt in full
or an order for withdrawal in writing and signed by the person filing such claim or his duly authorized agent or
assign. Such funds shall not be withheld longer than 90 days following the date of final settlement as
published unless an action is commenced within that time to enforce such unpaid claim and a notice of lis
pendens is filed with the OWNER.
D. At the expiration of such 90-day period, the OWNER shall pay to Contractor such monies and
funds as are not the subject of suit and lis pendens notices and shall retain thereafter, subject to the final
outcome thereof, only sufficient funds to insure the payment of judgments that may result from such suit. At
any time within 90 days following the date of final settlement as published any claimant whose claims have not
been paid by Contractor or any subcontractor may commence an action to recover the same, individually or
collectively.
E. Whenever a notarized statement of a claim has been filed in accordance with this Section,
Contractor may substitute a bond, pursuant to C.R.S. § 38-26-108, at which time the OWNER shall release the
funds being withheld pursuant to the notarized statement of claim on the same terms and conditions as if the
notarized statement of claim had been released by the claimant.
F. Contractor understands that this is a contract for the design, construction or repair of a public
building or public work, and is therefore governed by C.R.S. §§ 38-26-105 through 107. Contractor further
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-69
JULY 2014
understands that these statutory provisions are in lieu of any lien rights. Contractor further understands that
failure on the part of Contractor, any subcontractor or any other entity furnishing labor or supplies to the Work
must follow the said statutory provisions in filing any claim for payment, and that failure on the part of any such
claimant to comply with said statutory requirements shall relieve the OWNER from any liability for making
payment to such claimant. Contractor agrees to include this provision in any and all subcontracts.
IV. COMMENCEMENT AND COMPLETION OF WORK
With the Notice to Proceed, Contractor shall commence work as set forth in the Scope of Services or
that portion of such work as is specified in said Notice. Except as may be changed in writing by the OWNER,
the Scope of Services shall be complete and Contractor shall furnish the OWNER the specified deliverables
as provided in Exhibit A.
V. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to perform the Work, holds all professional
licenses required by law to perform the Work, and has all requisite corporate authority to enter into this
Agreement.
B. The Work shall be performed by Contractor in accordance with generally accepted
professional practices and the level of competency presently maintained by others performing the same or
similar type of work in the Denver metro area. The Work shall be done in compliance with applicable federal,
state and local laws, ordinances, rules and regulations.
C. Contractor shall be responsible for the professional quality, technical accuracy, timely
completion, and the coordination of all services furnished by Contractor under this Agreement. Contractor
shall, without additional compensation, correct or resolve any errors or deficiencies in and other services,
which fall below the standard of professional practice, and reimburse the OWNER for construction costs
caused by errors and omissions which fall below the standard of professional practice.
D. Because the OWNER has hired Contractor for its professional expertise, Contractor agrees
not to employ subcontractors to perform more than fifty percent (50%) of the work required under the Scope of
Services. Upon execution of this Agreement, Contractor shall furnish to the OWNER a list of proposed
subcontractors, and Contractor shall not employ a subcontractor to whose employment the OWNER
reasonably objects. All contracts between Contractor and subcontractors shall conform to this Agreement
including, but not limited to, Section XI, L.
VI. INSURANCE
A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor
pursuant to this Agreement. Such insurance shall be in addition to any other insurance requirements imposed
by law.
B. Contractor shall procure and maintain, and shall cause any subcontractor of Contractor to
procure and maintain, the minimum insurance coverage’s listed below. Such coverage’s shall be procured
and maintained with forms and insurers acceptable to the OWNER. In the case of any claims-made policy,
the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous
coverage.
1. Worker's compensation insurance to cover obligations imposed by applicable law for
any employee engaged in the performance of work under this Agreement, and Employer's Liability
insurance with minimum limits of five hundred thousand dollars ($500,000) each accident, five
hundred thousand dollars ($500,000) disease – policy limit, and five hundred thousand dollars
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-70
JULY 2014
($500,000) disease – each employee. Evidence of qualified self-insured status may be substituted for
the worker's compensation requirements of this paragraph.
2. Commercial general liability insurance with minimum combined single limits of one
million dollars ($1,000,000) each occurrence and TWO million dollars ($2,000,000) general
aggregate. The policy shall be applicable to all premises and operations. The policy shall include
coverage for bodily injury, broad form property damage (including completed operations), personal
injury (including coverage for contractual and employee acts), blanket contractual, independent
contractors, products, and completed operations. The policy shall contain a severability of interest’s
provision, and shall be endorsed to include the OWNER and the OWNER's officers, employees, and
Contractors as additional insured’s. No additional insured endorsement shall contain any exclusion
for bodily injury or property damage arising from completed operations.
3. Comprehensive Automobile Liability insurance with minimum limits of one million
dollars ($1,000,000) each claim and one million dollars ($1,000,000) general aggregate.
C. Any insurance carried by the OWNER, its officers, its employees, or its Contractors shall be
excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible
for any deductible losses under any policy.
D. Contractor shall provide to the OWNER a certificate of insurance, completed by Contractor's
insurance agent, as evidence that policies providing the required coverage’s, conditions, and minimum limits
are in full force and effect. The certificate shall identify this Agreement and shall provide that the coverage’s
afforded under the policies shall not be cancelled, terminated or materially changed until at least thirty (30)
days prior written notice has been given to the OWNER. The OWNER reserves the right to request and
receive a certified copy of any policy and any endorsement thereto.
E. Failure on the part of Contractor to procure or maintain the insurance required herein shall
constitute a material breach of this Agreement upon which the OWNER may immediately terminate this
Agreement, or at its discretion, the OWNER may procure or renew any such policy or any extended reporting
period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the
OWNER shall be repaid by Contractor to the OWNER upon demand, or the OWNER may offset the cost of the
premiums against any monies due to Contractor from the OWNER.
VII. INDEMNIFICATION
Contractor agrees to indemnify and hold harmless the OWNER and its officers, insurers, volunteers,
representatives, agents, employees and assigns from and against all claims, liability, damages, losses, expenses
and demands, including attorney's fees, on account of injury, loss, or damage, including, without limitation,
claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any
other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement or
the Work if such injury, loss, or damage is caused in whole or in part by, the negligent act, omission, error,
professional error, mistake, negligence, or other negligent fault of Contractor, any subcontractor of Contractor,
or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor, or which
arise out of any workmen's compensation claim of any employee of Contractor or of any employee of any
subcontractor of Contractor. In any and all claims against OWNER or any of its officers, insurers, volunteers,
representatives, agents, employees or assigns, by any employee of Contractor, any subcontractor of Contractor,
anyone directly or indirectly employed by any of them or anyone for whose act any of them may be liable, the
indemnification obligation under this Section VII shall not be limited in any way by any limitation on the amount or
type of damages, compensation or benefits payable by or for Contractor or any subcontractor under worker’s
compensation actions, disability benefit acts or other employee benefit acts. In the event it becomes necessary
for the OWNER to bring any action to enforce any provision of this Agreement or to recover any damages the
OWNER may incur as a result of the breach of this Agreement, including, but not limited to, defective work, and
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-71
JULY 2014
the OWNER prevails in such litigation, Contractor shall pay the OWNER its reasonable attorneys’ fees as
determined by the court.
VIII. TERMINATION
This Agreement shall terminate at such time as the Work is completed and final acceptance granted
and the requirements of this Agreement are satisfied, or upon the OWNER's providing Contractor with seven
(7) days advance written notice, whichever occurs first. If the Agreement is terminated by the OWNER's
issuance of written notice of intent to terminate, the OWNER shall pay Contractor the reasonable value of all
work previously authorized and completed prior to the date of termination. If, however, Contractor has
substantially or materially breached this Agreement, the OWNER shall have any remedy or right of set-off
available at law and equity. If the Agreement is terminated for any reason other than cause prior to completion
of the Work, any use of documents by the OWNER thereafter shall be at the OWNER's sole risk, unless
otherwise consented to by Contractor.
Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution,
Article X, Section 20. Notwithstanding any other provision of this Agreement, the OWNER’s obligations under
this Agreement are subject to annual appropriation by the Town’s Board of Trustees. Any failure of the Town
Board annually to appropriate adequate monies to finance the OWNER’s obligations under this Agreement
shall terminate this Agreement at such time as such then-existing appropriations are to be depleted. Notice
shall be given promptly to Contractor of any failure to appropriate such adequate monies.
IX. CONFLICT OF INTEREST
The Contractor shall disclose any personal or private interest related to property or business within the
OWNER. Upon disclosure of any such interest, the OWNER shall determine if the interest constitutes a
conflict of interest. If the OWNER determines that a conflict of interest exists, the OWNER may treat such
conflict of interest as a default and terminate this Agreement.
X. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all
personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at
all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it
is a town employee for any purposes.
XI. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Larimer County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of
this Agreement by the OWNER shall not constitute a waiver of any of the other terms or obligation of this
Agreement.
C. Integration. This Agreement shall constitute the entire Agreement between Contractor and
the OWNER, superseding all prior oral or written communications.
D. Third Parties. There are no intended third-party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient
when directly presented or sent pre-paid, first class United States Mail, addressed as follows:
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-72
JULY 2014
The OWNER: Town of Estes Park
170 MacGregor Avenue
Estes Park, CO 80517
Contractor:
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and
effect.
G. Modification. This Agreement may only be modified upon written agreement of the parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the parties hereto,
shall be assigned by either party without the written consent of the other.
I. Governmental Immunity. The OWNER, its officers, and its employees, are relying on, and do
not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one
hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per
occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity
Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the OWNER and its officers or
employees.
J. Rights and Remedies. The rights and remedies of the OWNER under this Agreement are in
addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way
limit the OWNER's legal or equitable remedies, or the period in which such remedies may be asserted, for
work negligently or defectively performed.
K. Binding Effect. The OWNER and Contractor each bind itself, its successors and assigns to
the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither the
OWNER nor Contractor shall assign or transfer its interest in this Agreement without the written consent of the
other.
L. Work By Illegal Aliens Prohibited.
a. Contractor hereby certifies that, as of the date of this Agreement, it does not knowingly
employ or contract with an illegal alien and that Contractor has participated or attempted
to participate in the E-Verify Program or Department Program as defined in C.R.S. §8-
17.5-101(1) (“Program”) in order to confirm the employment eligibility of all employees
who are newly hired for employment to perform work under this Agreement.
b. Contractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement.
c. Contractor hereby certifies that it has confirmed the employment eligibility of all
employees who are newly hired for employment to perform work under this Agreement,
through participation in the Program and, if Contractor is not accepted into the Program
prior to entering into this Agreement, that Contractor shall apply to participate in the
Program every three (3) months until Contractor is accepted or this Agreement has been
completed, whichever is earlier.
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-73
JULY 2014
d. Contractor is prohibited from using the Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
e. If Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Contractor shall be
required to:
(i) Notify the subcontractor and the OWNER within three (3) days that
Contractor has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
(ii) Terminate the subcontract with the subcontractor if within three (3) days of
receiving the notice required pursuant to this subparagraph the
subcontractor does not stop employing or contracting with the illegal alien;
except that Contractor shall not terminate the contract with the subcontractor
if during such three (3) days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted
with an illegal alien.
f. Contractor shall comply with any reasonable request by the Colorado Department of
Labor and Employment (“Department”) made in the course of an investigation that the
Department is undertaking pursuant to the authority established in C.R.S. Article 17.5.
If Contractor violates this paragraph, the OWNER may terminate this Agreement for cause. If this
Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the OWNER.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth
above.
OWNER: CONTRACTOR
TOWN OF ESTES PARK, COLORADO _______________________________
By: _________________________________ By: ____________________________
Mayor
Title:
Address: ________________________
_______________________________
ATTEST: ATTEST:
By: _________________________________ By: ____________________________
Town Clerk
(SEAL) (SEAL)
Other Partners:
____________________________________ _______________________________
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-74
JULY 2014
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS, that we, _________________________ (“Principal”) and
______________________________ (“Surety”), hereby jointly and severally bind ourselves, our respective
heirs, executors, administrators, successors and assigns, to pay the Town of Estes Park, State of Colorado,
the sum of ________________________________ Dollars ($_____________), in United States currency.
WHEREAS, Principal has, by means of a written agreement dated , entered into a
contract with OWNER for the construction of
,
which contract is by reference made a part hereof the same as though fully set forth herein (the “Contract”);
NOW, THEREFORE, the conditions of this obligation are as follows:
FIRST. Principal shall: (1) faithfully perform each and every term and condition of said Contract on Principal’s
part; (2) fully indemnify and save harmless the OWNER from all costs and damages which OWNER may
suffer by reason of Principal’s failure to do so; and (3) fully reimburse and repay OWNER all outlay and
expenses which OWNER may incur in making good any default.
SECOND. For a period of two (2) years (the Warranty Period) from the OWNER’S Initial Acceptance of the
work performed pursuant to said Contract, the material furnished and used and the workmanship employed in
the construction of the improvements described in the Contract shall be free from all defects. The Principal
shall make such repairs as required to remedy any defects of which the OWNER has given the Principal
written notice prior to the expiration of the Warranty Period hereby provided. The CONTRACTOR shall notify
the OWNER one (1) month prior to the expiration of the Warranty Period.
THIRD. The OWNER shall give written notice to the Principal of defects in the Principal’s performance of the
Contract provided for above. This bond will remain in effect until defects have been remedied in accordance
with the OWNER’S plans and specifications to the OWNER’s satisfaction.
FOURTH. If Principal or any of Principal’s subcontractors fail to duly pay for any labor, materials, team hire,
sustenance, provisions, provender, or other supplies used or consumed by Principal or Principal’s
subcontractor in performance of the Contract, or fails to pay any person who supplies rental machinery, tools,
or equipment, in the prosecution of the Contract, Surety will pay the same in an amount not exceeding the
sum specified in this bond together with interest at the rate allowed by statute.
FIFTH. The OWNER shall not be joined in any action against the Principal or Surety on this bond to enforce
payment for amounts lawfully due from the Principal or Principal’s subcontractors for work performed under
the Contract, nor shall the OWNER be liable for the payment of any costs or expenses of such action.
SIXTH. In addition to all other conditions hereof, this bond includes all provisions set forth in section
38-26-106, Colorado Revised Statutes.
If all the above conditions are fully satisfied, this obligation shall be null and void; otherwise it shall remain in
full force and effect.
For value received, Surety further agrees that, any Contract provision to the contrary notwithstanding, Surety’s
obligations hereunder shall not be affected in any way by any of the following and expressly waives notice of
the same:
1. Any extension of time granted to Principal in which to perform the Contract.
2. Any change in the Plans, Drawings, Specifications, Contract or other Contract Documents.
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-75
JULY 2014
Unless prohibited by law, an action on the performance provisions of this bond may be brought by the
OWNER or any person entitled to the benefits of this bond within five years from the time the cause of action
arises.
Principal and Surety are jointly and severally liable under the provisions hereof and actions against either or
both may proceed without prior action against the other, and both may be joined in one action.
SIGNED AND SEALED THIS _____ day of _______________, 20
IN PRESENCE OF:
WITNESS: (As to Individual) ____________________________
Principal
____________________________ By __________________________
(Name) (Title)
ATTEST: (As to Corporation)
______________________________ (CORPORATE SEAL)
Secretary
_________________________________
Surety
By_______________________________
Attorney-in-fact
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-76
JULY 2014
NONCOLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF
COUNTY OF
__________________________________________, being first duly sworn, deposes and says that:
(1) He is the ___________________of___________________________________________, the Bidder that
has submitted the attached Bid;
(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent
circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham bid;
(4) Neither the said Bidder nor any of its officers, partner, owners agents, representatives, employees or
parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or
indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the
Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such
Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or
conference with any other Bidder, or to fix any overhead, profit or cost element of the bid price or the bid price
of any other Bidder, or to secure through the collusion, conspiracy, connivance or unlawful agreement any
advantage against the Town of Estes Park or persons interested in the proposed Contract; and
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives,
owners, employees, or parties in interest, including this affiant.
Signed:
_____________________________
_____________________________
Subscribed and sworn to before me this _____ day of ____________________, 20 ,
by ________________________, as
(Affiant)
______________________, of _______________________________, a
(Title) (Bidder)
_____________________________________, organized pursuant to
(Corporation or Partnership)
the laws of the State of ______________________
______________________________
Notary Public
My Commission Expires______________________
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-77
JULY 2014
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS, that we, ____________________________, (“Principal”),
and ____________________________, (“Surety”), hereby bind ourselves, our respective heirs, executors,
administrators, successors and assigns jointly and severally to pay the Town of Estes Park, State of Colorado
(“OWNER”), the sum of _____________________________ Dollars ($______________), in United States
currency.
WHEREAS, the Principal has, by means of a written agreement dated ___________, 20 , entered
into a contract with the OWNER for the construction of
________________________________________________________________________, which contract is
by reference made a part hereof the same as though fully set forth herein (“Contract”);
NOW, THEREFORE, the conditions of this obligation are as follows:
FIRST. The principal shall at all times promptly make payments of all amounts lawfully due to all persons
supplying or furnishing him or his subcontractors with labor, materials, rental machinery, tools, or equipment
used or performed in the prosecution of the Contract and, further, shall indemnify and save harmless the
OWNER to the extent of any payments in connection with the carrying out of any such contract which the
OWNER may be required to make under the law.
SECOND. If the Principal or its subcontractor fails to duly make such payments, the Surety shall pay the
same together with interest at the rate allowed by statute.
THIRD. The OWNER shall not be joined in any action by a claimant against the Principal and the surety on
this bond nor shall the OWNER be liable for payment of any costs or expenses of such suit.
FOURTH. In addition to all other conditions hereof, this bond includes all provisions set forth in section
38-26-105, Colorado Revised Statutes.
If these conditions are fully satisfied, this obligation shall be null and void; otherwise it shall remain in full force
and effect.
For value received, Surety further agrees that, any Contract to the contrary notwithstanding, Surety’s
obligations hereunder shall not be affected in any way by any of the following and expressly waives notice of
the same:
1. Any extension of time granted to Principal in which to perform the Contract.
2. Any change in the Plans, Drawings, Specifications, Contract or other Contract Documents.
Unless prohibited by law, an action on the payment provisions of this bond may be brought by the OWNER or
any person entitled to the benefits of this bond at any time within five years from date of final settlement of the
Contract.
Principal and Surety are jointly and severally liable under the provisions hereof and actions against either or
both may proceed without prior action against the other, and both may be joined in one action.
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-78
JULY 2014
SIGNED AND SEALED THIS _______ day of ________________, 20
IN PRESENCE OF: ___________________________
Principal
_____________________________ By: ________________________
(Name) (Title)
ATTEST: (As to Corporation)
_____________________________
Secretary
(CORPORATE SEAL)
___________________________
Surety
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-79
JULY 2014
NOTICE TO PROCEED
TO: Cornerstone Construction Concepts, Inc. Date: 20
(Contractor)
Project: 2013 Flood Damage Repair Project
(Address)
You are hereby notified to commence work in accordance with the Contract dated
, 2014, on or before , 2014, and you are to complete the work on or before
November 28, 2014. The date of completion of all work is therefore November 28, 2014. The Bid Security
submitted with your proposal is herewith returned to you.
TOWN OF ESTES PARK
By: ____________________________
Title: __________________________
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby acknowledged by
_______________________________________,
(Contractor)
this _____________ day of _________________________, 2014.
By:
Title:
Telephone:
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-80
JULY 2014
RELEASE AND CERTIFICATE OF PARTIAL PAYMENT
With reference to Contract Number dated , 2014
as amended, between the undersigned CONTRACTOR _______________________________________
(Name of CONTRACTOR)
and Town of Estes Park
(Name of the OWNER)
for construction of the 2013 Flood Damage Repair Project, in Estes Park, Colorado the Undersigned hereby
certifies that all costs, charges and expenses incurred by him or on his behalf for work, labor, services,
materials and equipment supplied to the foregoing premises through ________________________, 20__,
and/or used in connection with his work under said contract have been duly paid.
The Undersigned further certifies that to his best knowledge and belief (based upon reasonable
investigation) each of his subcontractors and material men have duly paid all costs, charges and expenses
incurred by them or on their behalf for work, labor, services, materials and equipment supplied to the foregoing
premises and/or used by them in connection with the Undersigned’s work under said Contract.
In consideration of $ , representing payment for Claim Number
under the Contract, the Undersigned hereby releases and
discharges the OWNER, and the OWNER’S premises and property from all claims, liens and obligations of
every nature arising out of or in connection with the performance of the work as claimed, except for retention
monies held on holdback under the Contract. Retention monies to the date of the above claim number totaled
$ .
Executed this day of ______________________________
(Name of CONTRACTOR)
, 20 . Declared before me at
By: in the State of
this day of , 20 .
CONTRACT SECTION
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT CS-81
JULY 2014
RELEASE AND CERTIFICATE OF FINAL PAYMENT
With reference to Contract Number __________ dated _____________________________20__, as
amended, between the undersigned CONTRACTOR ______________________________
(Name of CONTRACTOR)
and Town of Estes Park
(Name of the OWNER)
for construction of the 2013 Flood Damage Repair Project, in Estes Park, Colorado, the Undersigned hereby
certifies that all costs, charges and expenses incurred by him or on his behalf for work, labor, services,
materials and equipment supplied to the foregoing premises, and/or used in connection with his work under
said contract have been duly paid.
The Undersigned further certifies that to his best knowledge and belief (based upon reasonable investigation)
each of his subcontractors and material men have duly paid all costs, charges and expenses incurred by them
or on their behalf for work, labor, services, materials and equipment supplied to the foregoing premises and/or
used by them in connection with the Undersigned’s work under said Contract.
In consideration of $____________________________, representing final payment under the Contract, the
Undersigned hereby releases and discharges the OWNER, and the OWNER’S premises and property from all
claims, liens and obligations of every nature arising out of or in connection with the performance of the work.
As additional consideration for the final payment, the CONTRACTOR agrees to indemnify and hold harmless
the said OWNER from and against all costs, losses, damages, claims, causes of action, judgments and
expenses arising out of or in connection with claims against said OWNER which may be asserted by the
CONTRACTOR or any of his suppliers, subcontractors of any tier or any of their representatives, officers,
agents and employees.
The foregoing shall not relieve the Undersigned of his obligations under the provisions of said Contract as
amended, which by their nature survive completion of the work including, without limitation, warranties,
guarantees and indemnities.
Executed this day of _____________________________
(Name of CONTRACTOR)
, 20 . Declared
before me at By:
In the State of this day of , 20 .
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-TOC
JULY 2014
TABLE OF CONTENTS
2013 Flood Damage Repair Project
PART 2 – GENERAL PROVISIONS
Section Title Page
1.0 DEFINITION OF TERMS ...........................................................................................................1
2.0 PARTIES-RIGHTS AND RESPONSIBILITIES ................................................................................6
3.0 SUBCONTRACTORS................................................................................................................9
4.0 SCOPE OF WORK ..................................................................................................................9
5.0 CONTROL OF THE WORK ......................................................................................................12
6.0 CONTROL OF MATERIAL .......................................................................................................13
7.0 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC .......................................................15
8.0 TIME AND PROGRESS OF THE WORK.....................................................................................19
9.0 MEASUREMENT AND PAYMENTS ...........................................................................................20
10.0 COMPLETION OF THE PROJECT.............................................................................................22
11.0 INSURANCE .........................................................................................................................23
12.0 RETENTION OF RIGHTS ........................................................................................................25
13.0 CONTRACTOR’S WARRANTIES ..............................................................................................25
14.0 CHANGES IN THE CONTRACT ................................................................................................26
15.0 SUSPENSION AND TERMINATION OF THE CONTRACT ..............................................................29
16.0 DISPUTES ...........................................................................................................................35
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-1
JULY 2014
GENERAL PROVISIONS
SECTION 1.0
DEFINITION OF TERMS
Whenever in the Specifications and other Contract Documents the following terms, or pronoun in place of
them, are used, the intent and meaning shall be as follows:
1-1 A.A.S.H.T.O.
The American Association of State Highway and Transportation Officials.
1-2 A.S.A.
The American Standards Association.
1-3 A.S.T.M.
The American Society for Testing Materials.
1-4 A.W.W.A.
The American Water Works Association.
1-5 Addenda
A written or graphic instrument issued prior to the opening of Bids which clarify, correct or change the bidding
documents or the Contract Documents.
1-6 Application for Payment
The pay estimate form prepared by the ENGINEER and OWNER which is to be used by CONTRACTOR in
requesting progress or final payment and which is to include such supporting documentation as is requested
by the Contract Documents.
1-7 Bid
The offer or proposal of the Contractor, as Bidder, submitted on the prescribed form, setting forth the prices for
the Work to be performed.
1-8 Bid Bond
The security as designated in the Instructions to Bidders furnished with the Bid by the Bidder as a guaranty
that he will enter into the Contract and furnish Bonds as required, if the Work be awarded to him.
1-9 Bidder
Any individual, firm or corporation, submitting a Bid for the Work contemplated, acting directly or through a
duly authorized representative.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-2
JULY 2014
1-10 Certificate of Final Acceptance
The ENGINEER’S certification to the OWNER that all Work on the Project is complete after the Warranty
Period.
1-11 Certificate of Initial Acceptance
The ENGINEER’S certification to the OWNER and the CONTRACTOR that the Project has been completed
and the warranty period begins.
1-12 Change Order
A written order to the CONTRACTOR, signed by the CONTRACTOR, ENGINEER and the OWNER, ordering
a change that has been found necessary in the Work from that originally shown in the Plans and Specifications
but which is still within the general scope of the Contract, involving an adjustment of the Contract Price or
Contract Time. Change Orders duly signed and executed by the CONTRACTOR constitute authorized
modification of the Contract.
1-13 Construction Observer
An authorized representative of the ENGINEER assigned to make all necessary observations of the Work
performed or being performed, or of the materials furnished or being furnished by the CONTRACTOR.
1-14 Contract – Agreement for Professional Services
The written agreement executed between the OWNER and CONTRACTOR, covering the performance of the
Work and the furnishing of labor and materials, by which the CONTRACTOR is bound to perform the Work
and furnish the labor and materials, and by which the OWNER is obligated to compensate him therefore at the
mutually established and accepted rate or price.
1-15 Contract Documents
The documents defined and described in Section 1, Scope of Services, of the Agreement for Professional
Services.
1-16 Contract Price
The total amount stated in the Contract, as altered by subsequent written Modifications, to be paid to the
CONTRACTOR for the performance of his obligations under the Contract.
1-17 Contract Time
The number of days stated in the Contract for the completion of the Work.
1-18 CONTRACTOR
The individual, partnership, firm, or corporation executing a Contract, acting directly or through lawful agents or
employees, primarily liable for the acceptable performance of the Work for which contracted, and also for the
payment of all legal debts pertaining to the Work.
1-19 Day
A calendar day of twenty-four (24) hours measured from midnight to the next midnight.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-3
JULY 2014
1-20 Defective
An adjective which, when modifying the word “Work,” refers to Work that is unsatisfactory, faulty or deficient,
or does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or
approval referred to in the Contract Documents, or has been damaged prior to ENGINEER’S recommendation
of final payment.
1-21 District
A legally constituted group of individuals who have joined together in order to facilitate construction of utility
systems within the limits of their property. The DISTRICT shall be represented by its authorized Board of
Directors.
1-22 Drawings
The Plans and drawings which show the character and scope of the Work to be performed and which have
been prepared or approved by the ENGINEER and are referred to in the Contract Documents.
1-23 Effective Date of the Contract
The date indicated in the Contract on which it becomes effective; but, if no such date is indicated, it means the
date on which the Contract is signed and delivered by the last of the two parties to sign and deliver.
1-24 ENGINEER
This is RG and Associates, LLC
1-25 Field Order
A written order issued by ENGINEER which orders minor changes in the Work, but which does not involve a
change in the Contract Price or the Contract Time.
1-26 Final Acceptance
The time at which the Project has been fully operational through the warranty period and all punch list Work is
completed, as evidenced by the issuance by the ENGINEER of the Certificate of Final Acceptance and the
end of the Warranty Period.
1-27 Initial Acceptance
The time at which the Project is installed and fully operational and all punchlist Work is completed, as
evidenced by the issuance by the ENGINEER of the Certificate of Initial Acceptance and the beginning of the
warranty period.
1-28 Intention of Terms
Whenever, in the Specifications or upon the Plans, the words “directed,” “required,” “permitted,” “ordered,”
“designated,” “prescribed,” or words of like import, are used, it shall be understood that the direction,
requirement, permission, order, designation, or prescription of the ENGINEER is intended; and similarly, the
words “approved,” “acceptable,” “satisfactory,” or words of like import, shall mean approved by, or acceptable
to, or satisfactory to the ENGINEER, subject in each case to the final determination of the OWNER.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-4
JULY 2014
1-29 Labor and Materials Payment Bond
The approved form of security furnished by the CONTRACTOR and his surety as a guarantee that he will pay
in full all bills and accounts for materials and labor use in the construction of the Work, as provided by law.
1-30 Laboratory
The official testing laboratories of the OWNER or such other laboratories as may be designated by the
ENGINEER.
1-31 MIL Specifications
The Military Specifications and Standards, and indices thereto, are prepared and issued by the Department of
Defense. These may be purchased from the Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20025.
1-32 Modification
a. A written amendment of the Contract Documents signed by both parties;
b. A Change Order; or
c. A Field Order
A Modification may only be issued after the effective date of the Contract.
1-33 Notice of Award
The written notice by OWNER to the successful Bidder stating that upon compliance by the successful Bidder
with the conditions precedent enumerated therein, within the time specified, OWNER will deliver the Contract.
1-34 Notice to Proceed
A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the
Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligation under
the Contract Documents.
1-35 OWNER/TOWN
The public body or authority, corporation, association, partnership, or individual with whom CONTRACTOR
has entered into the Contract and for whom the Work is to be provided.
1-36 Performance Bond
The approved form of security furnished by the CONTRACTOR and his surety is a guarantee on the part of
the CONTRACTOR to execute the Work and Warranties in accordance with the terms of the Plans,
Specifications and Contract.
1-37 Plans
The official plans, drawings, or supplemental Working drawings or exact reproductions thereof, approved by
the ENGINEER which show the location, character, dimensions, and details of the Work to be done and which
are to be considered a part of the Contract.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-5
JULY 2014
1-38 Project
The total construction of which the Work to be provided under the Contract Documents may be the whole, or a
part as indicated elsewhere in the Contract Documents.
1-39 Project Site
Any area or areas where Work is to be performed on the Project.
1-40 Resident Project Representative
The authorized representative of ENGINEER who is assigned to the Project or any part thereof.
1-41 Shop Drawings
All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by
CONTRACTOR, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of
the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and
other information prepared by a manufacturer, fabricator, supplier or distributor and submitted by
CONTRACTOR to illustrate materials or equipment for some portion of the Work.
1-42 Special Provisions
The specific clauses setting forth conditions or requirements peculiar to the Project under consideration,
covering Work or materials which are not thoroughly described in these General Provisions or the
Specifications.
1-43 Specifications
The technical directions, provisions, and requirements, supplemented by Special Provisions, pertaining to the
method and manner of performing the Work, or to the quantities or qualities of materials to be furnished under
the Contract.
1-44 Structures
As used in this Contract, shall mean bridges, culverts, catch basins, retaining walls, manholes, headwalls,
buildings, valve vaults, and other features, which may be encountered in the Work and not otherwise classified
herein.
1-45 Subcontractor
An individual, firm or corporation having a direct Contract with CONTRACTOR or with any other Subcontractor
for the performance of a part of the Work at the Project.
1-46 Superintendent
Executive representative for the CONTRACTOR present on the Work at all times, authorized to receive and
fulfill instructions from the ENGINEER and capable of superintending the Work efficiently.
1-47 Surety
The corporate body or individuals who are bound by the Bid Bond, Performance Bond and the Labor and
Materials Payment Bond with and for the CONTRACTOR, and which engage to be responsible for the entire
and satisfactory fulfillment of the Contract and for the payment of all debts incurred in fulfilling the Contract.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-6
JULY 2014
1-48 Work
The term “Work” shall be understood to mean the furnishing of all supervision, labor, materials, tools,
equipment, and other incidentals necessary or convenient to the successful completion of the Project and the
carrying out of all the duties and obligations imposed by the Contract.
SECTION 2.0
PARTIES-RIGHTS AND RESPONSIBILITIES
2-1 Owner
2-1.1 The OWNER and CONTRACTOR expressly agree that the OWNER shall have the following
rights under this Contract:
1) To have the Project completed in substantial compliance with the Contract terms, within
the time period specified in the Contract, upon fulfillment of OWNER’S duties to make
payments when due; 2) to suspend Work on the Project upon written notice to the
CONTRACTOR according to the terms of Section 15 of these General Provisions; 3) to
terminate the Contract according to the terms of Section 15; 4) to complete the Project in any
reasonable manner after termination of the Contract by any party; 5) to make use of
completed portions of the Project without interfering with on-going construction; 6) to be
represented at the Project Site by the ENGINEER; 7) to withhold payment to the
CONTRACTOR until proper payment requests are submitted by the CONTRACTOR and
approved by the ENGINEER in accordance with Section 9.0 of these General Provisions; 8)
to have all rights and remedies against any and all parties, whether or not the parties to this
Contract, unless specifically waived by express language in the Contract; 9) any rights arising
out of any other portion of the Contract Documents.
2-1.2 The OWNER and CONTRACTOR expressly agree that the following shall be the sole
responsibility of the OWNER:
1) To obtain all funds necessary to complete the Project; 2) to issue all communications to
the CONTRACTOR through the ENGINEER except as otherwise provided herein; 3) to
furnish all data required of OWNER by the Contract Documents; 4) to furnish all lands, rights-
of-way and easements necessary for the completion of the Project in accordance with
Paragraph 4-3 of these General Provisions; 5) to make all payments to the CONTRACTOR
less any retainage agreed to by the parties or required by law within thirty [30] days of receipt
of an approved payment request from the ENGINEER; 6) to fulfill any other responsibilities
arising out of the Contract Documents.
2-2 CONTRACTOR
2-2.1 The OWNER and CONTRACTOR expressly agree that the CONTRACTOR shall have the
following rights under this Contract:
1) To receive payment less any retainage agreed to by the parties or required by law within
thirty [30] days after delivery of approved payment request to the OWNER by the
ENGINEER; 2) to receive extensions in Contract Time when construction is suspended by
order of the OWNER or ENGINEER according to Section 15 of these General Provisions or
by acts beyond the control of the CONTRACTOR; 3) to receive consideration of an
adjustment in the Contract Price due to changes in the Contract as recommended by the
ENGINEER after the execution of the Contract in accordance with Section 14 of these
General Provisions; 4) any rights arising out of any other part of this Contract.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-7
JULY 2014
2-2.2 The OWNER and CONTRACTOR expressly agree that the following shall be the sole
responsibility of the CONTRACTOR:
1) To perform all Work according to the Contract Documents; 2) to supervise, direct and
control the Work; 3) to have sole responsibility for the means, methods, techniques,
sequences and procedures of construction; 4) to cooperate with and be bound by decisions
of the ENGINEER relating to any disputes, questions or other matters arising out of the
Contract; 5) to be represented on the Project Site at all times Work is in progress under the
Contract; 6) to provide all materials, equipment, labor, transportation, construction equipment,
tools, appliances, fuel, power when not already available, light, heat, telephone, sanitary
facilities and all other facilities and incidentals necessary for the execution, testing,
completion and initial operation of the Project; 7) to employ only those Subcontractors and
others supplying equipment, materials and/or labor that are approved by the OWNER before
execution of the Contract, or those later approved in writing by the OWNER; 8) to be fully
responsible for all of the acts and omissions of Subcontractors and persons employed by
them; 9) to obtain all necessary licenses and pay any necessary royalties and fees incident to
the performance of the CONTRACTOR’S responsibilities; 10) to obtain and pay for all
construction permits and licenses; 11) to pay all sales, consumer, use and other similar taxes
required to be paid by the law of the place where the Work is to be performed or materials are
to be stored, or, in lieu thereof, to obtain any appropriate tax exemption certificates; 12) to
protect the materials and equipment during construction; 13) to provide one complete set of
drawings and specifications for the Project on the Project Site and to make it available to the
ENGINEER at all times; 14) to allow the ENGINEER access to the Project Site and to furnish
the ENGINEER with all materials requested; 15) to fulfill all other responsibilities arising out of
any other portion of this Contract.
2-3 ENGINEER
2-3.1 The OWNER and CONTRACTOR expressly agree that the ENGINEER shall have the
following authority:
1) Have access to the Project Site at all times during construction; 2) visit the Project Site at
intervals agreed to by the OWNER and ENGINEER, [or, in the absence of such agreement,
at intervals appropriate to the various stages of construction], to observe progress of the
Project, quality of materials and Workmanship and to determine if the Project is proceeding in
accordance with the Contract Documents; reject all defective Work and materials; 3) keep the
OWNER informed of all progress of the Project; 4) issue written clarifications or
interpretations of the Contract when requested by the CONTRACTOR or on his own initiative
as the OWNER’S representative; 5) examine all requests for progress payments presented
by the CONTRACTOR and recommend either approval or disapproval within ten [10] days of
receipt; 6) review the CONTRACTOR’S proposed list of Subcontractors and approve or reject
those submitted according to Paragraph 3.1 of these General Provisions; 7) review all
requests for final payment according to Section 9 of these General Provisions; 8) review
preliminary schedules submitted by the CONTRACTOR for the submission of shop drawings
and completion of the Project; 9) issue the Certificate of Initial Acceptance; 10) issue the
Certificate of Final Acceptance; 11) fulfill any other responsibilities of the ENGINEER that
may arise out of any other portion of this Contract.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-8
JULY 2014
2-3.2 Personal Liability of the ENGINEER
In carrying out any of the foregoing provisions or in exercising any power or authority granted to him
by this Contract, there shall be no liability upon said ENGINEER or his authorized assistants for
judgments rendered in good faith, it being understood that in such matters he acts as an agent and
representative of the OWNER. Reviews and approvals by the ENGINEER shall in no way relieve the
CONTRACTOR from performing in accordance with the terms and conditions of the Contract
Documents.
2-4 Items Prior to Commencement of Construction
Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown thereon and all applicable field measurements.
CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which
CONTRACTOR may discover; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for
failure to report any conflict, error or discrepancy in the Drawings or Specifications, unless CONTRACTOR
had actual knowledge thereof or should reasonably have known thereof.
2-4.1 CONTRACTOR shall perform no portion of the Work at any time without Contract Documents
or, where required, approved Shop Drawings, product data or samples for such portions of the Work.
2-4.2 Commencement of the Work by CONTRACTOR shall signify that CONTRACTOR has
carefully reviewed the Drawings and Specifications and has approved them as adequate for
CONTRACTOR’S requirements for construction of the Project. CONTRACTOR expressly waives any
claim against OWNER and ENGINEER for direct, indirect or consequential damages attributable to
any conflict, error or discrepancy in the Drawings or Specifications not reported in writing to
ENGINEER before commencement of the Work.
2-4.3 Within five (5) Working days after the effective date of the Contract, CONTRACTOR shall
submit to ENGINEER for review and acceptance a Critical Path Method Schedule or Progress Chart
indicating the starting and completion dates of the various stages of the Work, a preliminary schedule
of Shop Drawing or product data submissions. The CONTRACTOR shall update these schedules on
a monthly basis throughout the progress of the Work.
2-5 Preconstruction Conference
Within five (5) Working days after award of the Contract, and before CONTRACTOR starts Work at the site, a
preconstruction conference will be held to discuss administrative procedures and other items to promote
orderly and timely prosecution of the Work. The CONTRACTOR shall be prepared to discuss and/or submit
as applicable the following:
a. Progress chart or critical path chart;
b. Progress payment (Pay Estimate) monthly deadline dates for Work reviews, submittals, and
other procedures;
c. Proposed methods of operation;
d. Schedule of shop drawings or product data submission;
e. Material delivery schedules;
f. Testing laboratory approval;
g. Subcontractor names and Work scope;
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-9
JULY 2014
h. CONTRACTOR supervisory personnel;
i. Any other items to help establish a Working understanding among the parties.
All CONTRACTOR personnel who will be directly responsible for the Work should be in attendance at the
conference.
SECTION 3.0
SUBCONTRACTORS
3-1 Owner Approval
If the OWNER/ENGINEER has any reasonable objections to any of those Subcontractors listed in the Bid,
they shall state such objections and the basis therefore in writing to the Bidder. The ENGINEER shall state his
approval or rejection within ten (10) days of the Bidder’s submission. The Bidder shall then submit the name of
a substitute for approval to the ENGINEER. Rejection on the basis of reasonable objection shall not be the
basis for an increase in price or extension of time under the Contract. The CONTRACTOR shall employ only
those Subcontractors and major suppliers of material to whom the OWNER has no reasonable objection.
3-2 Contractor’s Objections
The CONTRACTOR shall not be forced to contract with anyone to whom he has a reasonable objection.
3-3 Extent of Subcontracts
The CONTRACTOR may not award subcontracts in excess of fifty-percent (50%) of the Contract Price without
the written consent of the OWNER.
3-4 Contractor-Subcontractor Relationship
The CONTRACTOR - Subcontractor Agreement shall give the CONTRACTOR the same rights and duties
toward the Subcontractor that the OWNER has toward the CONTRACTOR. Nothing in the CONTRACTOR -
Subcontractor Agreement shall prejudice the rights of the OWNER toward the CONTRACTOR for Work
omitted or improperly performed. The CONTRACTOR shall be liable to the OWNER for the errors, omissions
and defective Work of the Subcontractor or any of his employees. Nothing in this Contract is meant to create
any privity or agency between the OWNER and the Subcontractor.
SECTION 4.0
SCOPE OF WORK
4-1 Intent of Plans and Specifications
The intent of the Plans and Specifications is to describe the complete Project which the CONTRACTOR
undertakes to do in full compliance with the Plans, Specifications, Bid, and Contract, together with any
authorized alterations, Special Provisions, and Modifications. The CONTRACTOR shall perform all items of
Work covered and stipulated in the Specifications, Contract, and Special Provisions, together with any
authorized alterations, extra Work, all in accordance with the lines, grades, cross-sections and dimensions
shown on the Plans. The CONTRACTOR shall furnish, unless otherwise provided in the Specifications and/or
Special Provisions, all materials, implements, machinery, equipment, tools, supplies, transportation and labor
necessary to prosecute and complete the Work. When words that have a well-known technical or trade
meaning are used to describe Work, materials, or equipment, such words shall be interpreted in accordance
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-10
JULY 2014
with such meaning. Reference to standard specifications, manuals, or codes of any technical society,
organization, or association, or to the code of any governmental authority, whether such reference be specific
or by implication, shall mean the latest standard specification, manual, or code in effect at the time of opening
of bids, except as may be otherwise specifically stated. However, no provision of any referenced standard
specification, manual, or code shall change the duties and responsibilities of OWNER, CONTRACTOR, or
ENGINEER, or any of their agents or employees from those set forth in the Contract Documents.
The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If,
during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract
Documents, he shall report it to ENGINEER in writing at once and before proceeding with the Work affected
thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any
conflict, error or discrepancy in the Specifications or Drawings unless CONTRACTOR had actual knowledge
thereof or should reasonably have known thereof. Detailed drawings shall take precedence over general
drawings. In the event of any discrepancy between the scaled dimensions of any drawing and the figures
written thereon, the figures shall be taken as correct. The Contract Documents will be governed by the law of
the place of the project.
The quantities shown are estimated quantities and do not represent the actual amount of Work to be
performed under this Contract. The OWNER does not guarantee that the amount of Work Bid upon is the
actual amount of Work that will be completed within the time stipulated in the Contract and, therefore, shall not
be held liable by the CONTRACTOR for any decreased quantities of Work. Estimated quantities will be
adjusted to actual quantities completed per Section 14.0 utilizing unit prices stated in the Bid Proposal.
4-2 Removal and Disposal of Structures and Obstructions
All structures or obstructions found in the trench which are not to remain in place and are not the responsibility
of the County or the governing authority, the Contractor shall removed as directed by the ENGINEER. Unless
specified in the Proposal, this Work will not be paid for separately but will be included in the price bid for that
portion of the Work requiring the removal and shall remain the property of the OWNER unless otherwise
indicated.
4-3 Availability of Lands
OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be
performed, rights-of-way for access thereto, and such other lands which are designated for the use of
CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be
obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR
believes that any delay in OWNER’S furnishing these lands or easements entitles him to an extension of the
Contract time, CONTRACTOR may make a claim therefore as provided hereinafter. CONTRACTOR shall
provide for all additional lands and access thereto that may be required for temporary construction facilities or
storage of materials and equipment.
4-4 Investigations and Reports
Reference is made to the Special Provisions for identification of those reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of
the Work which have been relied upon by ENGINEER in preparation of the Plans, Drawings, and
Specifications. Such reports are not guaranteed as to accuracy or completeness and are not part of the
Contract Documents.
The CONTRACTOR will perform any investigation to satisfy himself as to the existing conditions that may be
encountered during construction.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-11
JULY 2014
4-5 Use of Materials Found on the Work
The CONTRACTOR, with the approval of the ENGINEER, may use in the proposed construction any stone,
sand, or gravel found on the site. The CONTRACTOR will not be paid for such excavation unless specifically
stated in the Bid, and he shall replace with other suitable material, without compensation, all of that portion of
the material so removed and used as was contemplated for use in the embankments or otherwise. If it was
intended that any or all of the material so excavated and used was to have been wasted, then the
CONTRACTOR will not be required to replace it. The CONTRACTOR shall not excavate any material from
the site which is not within the excavation as indicated by the slope and grade lines, without authorization in
writing from the ENGINEER.
4-6 Daily & Final Clean-Up
The CONTRACTOR shall keep the Project free of all accumulated rubbish, waste material, soil and mud from
the street, gutters and dust caused by the Work. On requests by the ENGINEER and/or OWNER, the
CONTRACTOR shall promptly remove all such rubbish and waste materials. Upon failure to do so within
twenty-four (24) hours of notification, the OWNER shall have the right to have the clean-up performed by other
parties, and the cost of such Work plus twenty-percent (20%) to cover general administrative costs shall be
held from the CONTRACTOR’S account.
Upon completion of the Work and before acceptance and final payment will be made, the CONTRACTOR
shall remove from the site all machinery, equipment, surplus, and discarded materials, including waste soil and
rock piles, trash, temporary structures, and shall leave the site in a neat and presentable condition. Material
cleared from the site and deposited on adjacent property will not be considered as having been disposed of
satisfactorily.
All clean-up costs shall be included in the Contract Price.
4-7 Coordination with Other Contractors at the Site
The CONTRACTOR shall coordinate his Work with that of other contractors Working at the Project Site in
order that the construction may proceed in an efficient manner and shall protect his Work until Final
Acceptance from damage by others. The OWNER will grant no increase in Contract Price or extension of
Contract Time arising from the failure of the CONTRACTOR to coordinate his Work in conjunction with the
Work of others on the Project Site.
Private utilities or other parties may be Working within the Project Area during this Contract. These may be as
specifically listed hereafter or if not so listed shall be determined by the CONTRACTOR.
4-8 Reuse of Documents
Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, supplier or distributor shall have or
acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of
any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them for
extensions of the Project or any other Project without written consent of OWNER and ENGINEER and specific
written verification or adaptation by ENGINEER.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-12
JULY 2014
SECTION 5.0
CONTROL OF THE WORK
5-1 Right-of-Entry and Inspection
At all times, representatives of the OWNER, Federal, State, and local agencies shall have the right to enter
and inspect any and all portions of the Work for compliance with the Drawings and Specifications. The
CONTRACTOR shall furnish the ENGINEER with every reasonable facility for ascertaining whether or not the
Work performed and materials used are in compliance with the Drawings and Specifications. In the event of
night Work, the CONTRACTOR shall furnish proper lighting to adequately prosecute and inspect the Work
being performed.
The ENGINEER and OWNER shall decide any and all questions which may arise as to the quality and
acceptability of the materials furnished, the Work performed, the manner of performance, and the rate of
progress of the Work. He shall decide all questions which may arise as to the interpretation of the Drawings
and Specifications, all questions as to the acceptable fulfillment of the Contract, and all disputes and mutual
rights by the CONTRACTOR’S, if there be more than one CONTRACTOR on the Project. The decision of the
ENGINEER shall be final, and shall have authority to make effective such decisions.
Any extra inspection or surveying performed subsequent to the expiration date of the original Contract time, as
defined in the Contract and Notice to Proceed, shall be done at the CONTRACTOR’S expense, and shall be
deducted from his monthly Progress Payments. The amount of inspection necessary during this period shall
be determined by the ENGINEER. The cost of inspection shall be as specified above.
5-2 Operating Manuals and Parts Lists
The CONTRACTOR shall submit six (6) complete Operating Manuals and Parts Lists to the ENGINEER for all
items of mechanical and electrical equipment incorporated into the Work.
5-3 Record Drawings
The CONTRACTOR shall maintain a separate set of approved full scale Contract Drawings on the job site to
fully indicate as-built conditions, at no additional cost to the OWNER, and shall be responsible for maintaining
these drawings by noting on them all Work which as been completed. These drawings shall be available for
review by the ENGINEER at all times. All variations from the Contract Drawings, for whatever reasons,
including those occasioned by option materials and the required coordination between trades, shall be
indicated. These variations shall be shown in the same general detail utilized in the initial Contract Drawings.
Prior to Initial Acceptance and Final Payment, the CONTRACTOR shall deliver to the OWNER all record
drawings pertaining to the Work.
5-4 Conformity with Plans and Allowable Deviations
Finished surfaces in all cases shall conform with lines, grades, cross-sections and dimensions shown on the
Approved Plans. Any deviation from the Plans and Working drawings, as may be required by the demands of
construction, will in all cases be determined by the ENGINEER and authorized in writing.
5-5 Coordination of Specifications, Plans and Special Provisions
The Specifications, the Plans, Special Provisions, and all supplementary plans and documents are essential
parts of the Contract, and a requirement occurring in one is just as binding as though occurring in all. They
are intended to be complementary to describe and provide for a complete Work. In the event of a conflict
between the requirements of the General Provisions, Special Provisions, and Technical Specifications of the
Contract Documents, the Special Provisions shall prevail. If the Plans and Specifications are contradictory in
any part, the Plans shall govern.
GENERAL PROVISIONS
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The CONTRACTOR shall not take advantage of any apparent error or omission in the Plans or Specifications.
In the event the CONTRACTOR discovers such an error or omission, he shall immediately notify the
ENGINEER. The ENGINEER will then make such corrections and interpretations as may be deemed
necessary for fulfilling the intent of the Plans of Specifications.
5-6 Cooperation of Contractor
The CONTRACTOR will be supplied with four (4) copies of the Plans, and three (3) copies of the
Specifications and Special Provisions. He shall have available on the Work at all times one (1) copy of said
Plans, Specifications, and Special Provisions, exclusive of the set designated for As-Built Drawings in
Paragraph 5.3. Additional copies of Plans, Specifications, and Special Provisions can be obtained by the
CONTRACTOR for the cost of reproduction. The CONTRACTOR shall give to the Work the constant attention
necessary to facilitate the progress thereof, and he shall cooperate with the ENGINEER and his Construction
Observers and with other contractors in every way possible. The ENGINEER shall allocate the Work and
designate the sequence of construction in case of controversy between contractors. The CONTRACTOR shall
have a competent, English-speaking Superintendent on the Work at all times who is fully authorized as his
agent on the Work; such Superintendent shall be capable of reading and thoroughly understanding the Plans
and Specifications and shall receive and fulfill instructions from the ENGINEER or his authorized
representative. The Superintendent shall have full authority to execute the orders of directions of the
ENGINEER without delay and to promptly supply such materials, tools, plant equipment, and labor as may be
required. Such Superintendent shall be furnished irrespective of the amount of Work sublet.
SECTION 6.0
CONTROL OF MATERIAL
6-1 Source of Supply and Quality of Materials
The source of supply of each of the materials required shall be approved by the ENGINEER before delivery is
started. Representative preliminary samples of the character and quality specified may be submitted by the
CONTRACTOR or producer for examination and testing. The results obtained from testing such samples may
be used for preliminary approval but will not be used as a final acceptance of the materials. All materials
proposed to be used may be inspected or tested at any time during their preparation and use. If, after testing,
it is found that sources of supply which have been approved do not furnish a uniform product, or if the product
from any source proves unacceptable at any time, the CONTRACTOR shall furnish approved material from
other approved sources.
6-2 Approval and Acceptance of Materials
Samples of all materials for test(s) upon which the acceptance or rejection is to be based shall be taken by the
ENGINEER or his authorized representative at the discretion of the ENGINEER. Materials may be sampled
either prior to shipment or after being received at the place of construction. All sampling, inspection, and
testing shall be done in accordance with the methods hereinafter prescribed. The CONTRACTOR shall
provide such facilities as the ENGINEER or his representative may require for conducting field tests and for
collecting and forwarding samples. The CONTRACTOR shall not use or incorporate into the Work any
materials represented by the samples until tests have been made and the material found to be acceptable.
Only materials conforming to the requirements of these Specifications and which have been approved by the
ENGINEER or his authorized agents shall be used in the Work. Any material which, after approval, has for
any reason become unfit for use shall not be incorporated into the Work.
6-3 Cited Specifications, Samples and Tests
Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing
equipment required under these Specifications, shall be in accordance with the current edition of the A.S.T.M.
GENERAL PROVISIONS
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publication of Standards, adopted and in effect on the date of the Invitation to Bidders. When designated,
sampling and testing of materials shall be in accordance with the current edition of “The American Standards
Association Specifications”; the current edition of the A.A.S.H.T.O. publication “Standard Specifications for
Highway Materials and Methods of Sampling and Testing”; the current edition of the “American Water Works
Association Specifications”; the current edition of the “Federal Specifications”; or the current edition of “MIL
Specifications” adopted and in effect on the date of the Invitation to Bidders. Supervision of testing and
certification of tests shall be performed by a Licensed Professional Engineer. All supervision, testing, and
certification necessary to control the Work will be at the expense of the party designated in the Technical
Specifications or Special Provisions.
6-4 Maintenance Yard and Storage
An area will be designated by the OWNER for the CONTRACTOR to use for maintenance of equipment,
storage of materials, shop trailers, etc. The CONTRACTOR shall keep the yard and material storage area in a
neat and clean condition at all times.
Materials shall be stored so as to ensure the preservation of their quality and fitness for the Work. When
considered necessary, they shall be placed on wooden platforms or other hard, clean surfaces and not on the
ground, and shall be placed under cover when directed. Stored materials shall be located so as to facilitate
prompt inspection.
6-5 Substitution of Equipment and Materials
Where items of equipment and/or materials are specifically identified by a manufacturer’s name, model or
catalog number, only such specific items may be used in the bid unless prior written approval of other material
has been obtained from the ENGINEER. Applications for such approval shall be submitted in duplicate at
least seven (7) days prior to bid opening date. Applications for approval shall be accompanied by a typewritten
listing of the specified manufacturer and catalog number and shall also state in typewritten detail any and all
significant details in which each item requested for approval differs from the item specified. Failure to so list
such information shall not relieve the CONTRACTOR from providing properly functioning or fitting materials,
regardless of the approval action taken by the ENGINEER.
6-6 Substitution of Materials After Award of Contract
Substitution of equipment and materials of makes or types other than those specified and/or those that have
been given written approval prior to bidding will be considered for approval only as hereinafter provided.
Proposed substitutes shall be equal or superior to items specified or previously approved. The
CONTRACTOR shall submit any requests on his letterhead in duplicate within two (2) weeks after the date of
award of Contract. This request for substitutions shall be a complete typewritten list submitted at one time and
must be accompanied by a statement outlining reasons for each requested substitution. The request shall
include catalog numbers, technical data, cuts, diagrams and such other descriptive data or samples as may be
required. The CONTRACTOR shall also provide in his letter a detailed statement listing any and all significant
details in which each item requested for approval differs from the item specified. Failure to so list such
information shall not relieve the CONTRACTOR from providing properly functioning and/or fitting materials,
regardless of the approval action taken by the ENGINEER. If so requested by the ENGINEER, the
CONTRACTOR shall submit samples of both the specified material or equipment and the proposed substitute.
In case of a difference in price, the OWNER shall receive all benefit of the difference for any substitutions, and
the Contract amount shall be altered by Change Order to credit the OWNER with any savings so obtained.
6-7 Defective Materials
All materials not conforming to the requirements of the Specifications shall be considered defective. Whether
in place or not, such material shall be removed immediately from the site of the Work, unless otherwise
permitted by the ENGINEER. No rejected material, the defects of which have been subsequently corrected,
shall be used until approval has been given. Upon failure of the CONTRACTOR to comply promptly with any
GENERAL PROVISIONS
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order of the ENGINEER made under the provisions of this article, the ENGINEER shall have authority to direct
the removal of defective materials and to deduct the cost of removal and replacement with specified materials
from any moneys due or to become due the CONTRACTOR.
6-8 Uncovering Work
If any Work is covered or made unavailable contrary to specific requirements of the Contract Documents or the
written request of the ENGINEER, it must be uncovered or made available at the ENGINEER’S request, and
replaced at the expense of the CONTRACTOR.
If the ENGINEER considers it necessary to have any other covered or unavailable Work uncovered or made
available for inspection or testing, the CONTRACTOR shall uncover or make such Work available at the
ENGINEER’S request. Payment for the uncovering, making available, correction and covering or replacing of
the Work shall depend on whether or not any defects are discovered in the Work. If the Work is found to be
defective, the CONTRACTOR shall bear the costs of uncovering, making available, correcting, covering and
replacing the Work. If no defects are discovered, the CONTRACTOR may request a Change Order be issued
to adjust the Contract to reflect increased costs and time occasioned by the extra Work ordered under this
Paragraph.
6-9 Correction or Removal of Defective Work
The CONTRACTOR shall correct or remove and replace all Work rejected by the ENGINEER for failure to
comply with the Contract Documents at the CONTRACTOR’S own expense.
Overtime inspection, reinspection due to deficient Work, will be backcharged on a monthly basis and deducted
from each CONTRACTOR’S monthly pay estimate.
6-10 Owner’s Correction of Defective Work
In the event that the CONTRACTOR refuses or fails to correct or remove defective Work when ordered to do
so by the ENGINEER, the OWNER may correct any defective Work on its own after giving the CONTRACTOR
ten (10) days’ written notice. The OWNER may make an appropriate deduction in the Contract Price. The
CONTRACTOR shall not be allowed an extension in the Contract Time as a result of corrections performed by
the OWNER under this Paragraph.
6-11 Acceptance of Defective Work
The OWNER may choose to accept defective Work rather than requiring its correction or removal and
replacement. If the OWNER so chooses, an appropriate deduction in the Contract Price shall be made by
Change Order.
SECTION 7.0
LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
7-1 Laws to be Observed
The CONTRACTOR is assumed to be familiar with all Federal, State, and local laws, codes, ordinances, and
regulations which, in any manner, affect those engaged or employed in the Work or the material or equipment
used in or upon the site, or in any way affect the conduct of the Work. No plea of misunderstanding or
ignorance on the part of the CONTRACTOR will, in any way, serve to modify the provisions of the Contract.
The CONTRACTOR, at all times, shall observe and comply with all Federal, State, and local laws, codes,
ordinances, and regulations in any manner affecting the conduct of the Work, and the CONTRACTOR and his
surety shall indemnify and save harmless the OWNER and all his officers, agents and servants against any
GENERAL PROVISIONS
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claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree,
whether by himself or his employees.
CONTRACTOR is aware of and is fully informed of CONTRACTOR’S responsibilities under Executive Order
11246 (references to which include amendments and orders superseding the same in whole or in part) and
shall be bound by and agrees to its applicable provisions.
CONTRACTOR further certifies to OWNER, its affiliates, and to the Federal Government that it does not
maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not
permit its employees to perform their services at any location, under its control, where segregated facilities are
maintained. CONTRACTOR certifies further that it will not maintain or provide for its employees any
segregated facilities at any of its establishments, and that it will not permit its employees to perform their
services at any location, under its control, where segregated facilities are maintained. CONTRACTOR agrees
that a breach of this certification is a violation of the Equal Opportunity Clause of Executive Order 11246. As
used in this certification, facilities include Work areas, restrooms and wash rooms, restaurants and other
eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin,
because of habit, local custom, or otherwise. CONTRACTOR further agrees that (except where
CONTRACTOR has obtained identical certifications from proposed Subcontractors, for specific time periods)
CONTRACTOR will obtain identical certifications from proposed Subcontractors prior to the award of
Subcontractors exceeding Ten-Thousand-and-00/100 Dollars ($10,000), which are not exempt from the
provisions of the Equal Opportunity Clause and that CONTRACTOR will retain such certifications in its files.
CONTRACTOR further certifies to OWNER, its affiliates, and to the Federal Government that, if the value of
the Contract is Fifty-Thousand-and-00/100 Dollars ($50,000) or more and CONTRACTOR has fifty (50) or
more employees, CONTRACTOR will do the following:
a. File with the appropriate federal agency a complete and accurate report on Standard Form
100 (EEO-1) within thirty (30) days after the execution of the Contract (unless such a report has been
filed in the last twelve (12) months), and continue to file such reports annually, on or before March 31,
or as otherwise provided by law, regulation, or direction of proper authority; and
b. Develop and maintain a written affirmative action compliance program for each of its
establishments in accordance with the regulations of the Secretary of Labor promulgated under
Executive Order 11246, as amended.
This clause shall apply to the Contract if the Contract is valued at Ten-Thousand-and-00/100 Dollars ($10,000)
or more: CONTRACTOR agrees to comply with the Equal Opportunity Clause as contained in Section 202 of
Executive Order 11246, which clause is hereby incorporated by reference into the Contract.
This clause shall apply to the Contract if the Contract is valued at Ten-Thousand-and-00/100 Dollars ($10,000)
or more: CONTRACTOR agrees that the Affirmative Action for Disabled Veterans and Veterans of the
Vietnam Era Clause set forth in Section 60-250.4 of Title 41, C.F.R. promulgated under the Vietnam Era
Veterans Readjustment assistance Act of 1974, as amended, P.L. 93-508, 38 U.S.C.A., Section 2012, is
hereby incorporated by reference into the Contract.
This clause shall apply to the Contract if the Contract is valued at Two-Thousand-Five-Hundred-and-00/100
Dollars ($2,500) or more: CONTRACTOR agrees that the Affirmative Action for Handicapped Workers Clause
set forth in Section 60-741.4 of Title 41, C.F.C. promulgated under Section 503 of the Rehabilitation Act of
1973, as amended, P.L. 93-112, 29 U.S.C.A., Section 793, is hereby incorporated by reference into the
Contract.
GENERAL PROVISIONS
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7-2 Permits and Licenses
It shall be the responsibility of the CONTRACTOR to secure all required permits for excavation and any other
permits required in order to construct the improvements and all appurtenances at his own expense.
No extra payment will be made for these costs. These anticipated expenses shall be included in the unit
prices bid for the construction of the Project. The CONTRACTOR shall also be responsible for providing
advance notification to any and all agencies requiring such notification for the purposes such as inspection,
approval, etc.
7-3 Taxes and Exemptions
It shall be the responsibility of the CONTRACTOR to pay all sales, consumer, use and other similar taxes
required to be paid in accordance with the laws of the place of the Project or the place of purchase of
materials.
7-4 Patented Devices, Materials and Processes
If the CONTRACTOR desires to use any design, device, material, or process covered by letters patent or
copyright, he shall provide for such use by suitable legal agreement with the patentee or patent owner. The
CONTRACTOR and the surety shall indemnify and save harmless the OWNER from any and all claims for
infringement by reason of the use of any such patented design, device, material, or process or any trademark
or copyright in connection with the Work agreed to be performed under this Contract, and shall indemnify the
OWNER for any costs, expense, and damages which it may be obliged to pay for reason of any such
infringement at any time during this prosecution, or after the completion of the Work. This Paragraph shall not
apply in situations where the device, material, or process has been expressly specified by the OWNER.
7-5 Sanitary Provisions
The CONTRACTOR shall provide and maintain in a neat, sanitary condition such accommodations for the use
of his employees as may be necessary to comply with the requirements and regulations of the State
Department of Health or of other authorities having jurisdiction thereover.
7-6 Public Convenience, Safety, and Traffic Control
The CONTRACTOR shall fully comply with all applicable Federal, State, and local laws governing safety and
traffic control. He shall provide all safeguards, safety devices, and protective equipment and take any other
needed actions on his own responsibility reasonably necessary to protect the life and health of employees on
the job and the safety of the public and to protect properly in connection with the performance of the Work
covered by the Contract. Materials stored upon the site shall be so placed and the Work shall, at all times, be
so conducted as to cause no greater obstruction to traffic than is considered necessary by the ENGINEER.
Traffic shall be maintained at those locations throughout the Project area in order to provide a safe, efficient,
and orderly flow.
Prior to the start of construction operations, the CONTRACTOR shall notify the Sheriff and Fire Departments
and advise the School Transportation Office, giving the approximate starting date, completion date, and the
name and telephone number of a responsible person who may be contacted at any hour in the event of a
critical condition requiring immediate correction. This notification shall also be given to the OWNER.
7-7 Barricades, Signs and Hazard Markings
The CONTRACTOR shall provide, erect, maintain, and remove at Initial Acceptance, all necessary barricades,
signs, danger signals and lights for the protection of the Work and the safety of the public. All barricades,
signs, and obstructions erected by the CONTRACTOR shall be illuminated at night and all devices for this
purpose shall be kept burning from sunset to sunrise. The CONTRACTOR shall be responsible for all damage
to the Work due to failure of barricades, signs, lights, and watchmen to protect it, and whenever evidence of
GENERAL PROVISIONS
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such damage is found prior to acceptance, the ENGINEER may order the damaged portion immediately
removed and replaced by the CONTRACTOR without cost to the OWNER.
7-8 Use of Explosives
When the use of explosives is necessary for the prosecution of the Work, the CONTRACTOR shall use the
utmost care so as not to endanger life or property, and whenever directed, the number and size of the charges
shall be reduced. The CONTRACTOR shall notify the proper representatives of any public service
corporation, any company, or any individual at least eight (8) hours in advance of any blasting which may
damage his or their property on, along, or adjacent to the site. All explosives shall be stored in a secure
manner and all storage places shall be marked clearly “DANGEROUS EXPLOSIVES,” and shall be in the care
of competent watchmen at all times.
7-9 Notice to Owners and Utilities
If the Work on the Project Site will in any way affect other property owners or the provision of services by utility
companies, the CONTRACTOR shall notify the property owners and utility companies before any Work is
commenced which may affect these parties or their property. It shall be the CONTRACTOR’S responsibility to
secure from utility company representatives accurate information regarding location, size, and type of facilities
affected by the Work.
The Drawings indicate as accurately as possible the location and type of various utilities within the site of the
proposed Work. Some utilities may have been omitted and the location of those shown on the Drawings may
not be precise. The CONTRACTOR shall assume all responsibility for protection, repair and relocation of all
such items encountered at no additional cost to the OWNER.
7-10 Protection and Restoration of Property
The CONTRACTOR shall not enter upon private property for any purpose without first obtaining permission,
and he shall be responsible for the preservation of all public and private property, trees, fences, monuments,
underground structures, etc., on and adjacent to the site and shall use every precaution necessary to prevent
damage or injury thereto. He shall protect carefully from disturbance or damage all land monuments and
property marks until an authorized agent has witnessed or otherwise referenced their location, and shall not
remove them until directed. He shall be responsible for all damage or injury to property of any character
resulting from any act, omission, neglect or misconduct in his manner, or method of executing said Work, or
due to his failure to timely perform said Work, or at any time due to the defective Work or materials, and said
responsibility shall not be released until the Work shall have been completed and accepted. The
CONTRACTOR’S attention is directed to the importance of protecting all public utilities encountered on all
projects. These may include telephone, telegraph and power lines, water lines, sewer lines, gas lines, railroad
tracks, and other overhead and underground utilities. Before any excavation is begun in the vicinity of water
lines, railroad tracks or structures, sewer lines, gas lines, or telephone conduits, each utility company
concerned must be notified in advance of such excavation, and such excavation shall not be made until an
authorized representative of the utility company concerned is on the ground and has designated the location of
their facilities. When or where any direct or indirect damage or injury is done to public or private property by or
on account of any act, omission, neglect, or misconduct in the execution of the Work, or is consequence of the
non-execution thereof on the part of the CONTRACTOR, he shall restore, at his own expense, such property
to a condition equal to that existing before such damage or injury was done by repairing, rebuilding, or
otherwise restoring, as may be directed, or he shall make good such damage or injury in an acceptable
manner. In case of the failure on the part of the CONTRACTOR to restore such property or to have started
action to make good such damage or injury, the ENGINEER may, upon forty-eight (48) hours’ notice, proceed
to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be
deducted from any monies due or which may become due the CONTRACTOR under the Contract. The cost
of damages due to CONTRACTOR’S operation or cost of protecting utilities where required to permit
construction under this Contract shall be included in the original Contract Prices for the Project.
GENERAL PROVISIONS
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7-11 Responsibility for Damage Claims
The CONTRACTOR shall indemnify and save harmless the OWNER and all his officers, agents and
employees from all suits, actions, or claims of any character brought on account of any injuries or damages
sustained by any person or property in consequence of any neglect in safeguarding the Work, or through the
use of unacceptable materials in the construction of the Project, or on account of any act or omission by the
said CONTRACTOR, or on account of the use, misuse, storage or handling of explosives, or on account of
any claims or amounts recovered for any infringement of patent, trademark, or copyright, or from any claims or
amounts arising or recovered under the Workmen’s Compensation Laws, or any other law, by-law, ordinance,
order or decree, and so much of the money due the said CONTRACTOR under and by virtue of his Contract,
as shall be considered necessary by the OWNER, may be retained or, in case no money is due, his surety
shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages as aforesaid,
shall have been settled and satisfactory evidence to that effect furnished to the OWNER.
7-12 Contractor’s Responsibility for Work
Until Final Acceptance, the CONTRACTOR shall have the charge and care of the Work and shall take every
necessary precaution against injury or damage to any part thereof by the action of the elements or from any
other cause and the CONTRACTOR at his own expense shall rebuild, repair, restore, and make good all
injuries or damages to any portion of the Work occasioned by any causes before its completion and
acceptance. In case of suspension of Work from any cause whatever, the CONTRACTOR shall be
responsible for all materials and shall properly store them, if necessary, and shall provide suitable drainage,
barricades and warning signs where necessary. The CONTRACTOR shall make good or replace at his own
expense and as required any material which may be broken, lost through fire, theft, or otherwise damaged, or
in any way made useless for the purpose and use intended by the Plans and Specifications prior to Final
Acceptance of the Work even though such breakage, damage, loss or uselessness may result from causes
beyond the control of the CONTRACTOR.
7-13 No Waiver of Legal Rights
Observation by the ENGINEER, or by any of his duly authorized representatives, any order, measurement, or
certificate by the ENGINEER; any order by the OWNER for the payment of money, any payment for or
acceptance of any Work or any extension of time; or any possession taken by the OWNER shall not operate
as a waiver of any provision of the Contract, or any power therein provided, or any waiver of any other or
subsequent breach. The OWNER reserves the right to correct any error that may be discovered in any
estimate that may have been paid, and to adjust the same to meet the requirements of the Contract, Plans and
Specifications.
7-14 Emergencies
The CONTRACTOR shall act immediately using his own discretion to prevent or lessen the amount of injury or
harm to any person or property in the event or threat of any emergency. The CONTRACTOR shall notify the
ENGINEER as soon as reasonably possible of the emergency and of any action already or about to be taken.
SECTION 8.0
TIME AND PROGRESS OF THE WORK
8-1 Contract Time Computation
All times as stated in the Contract Documents or as later amended by the parties are of the essence. In
computing time periods in this Contract, described in number of days from a stated date or occurrence, the
day of the date or occurrence shall be excluded and the last day of the period included.
GENERAL PROVISIONS
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8-2 Progress of the Work
At least ten (10) days prior to submitting the first Application for Payment, the CONTRACTOR shall submit to
the ENGINEER final schedules, indicating when progress payments shall become due (which shall not be
more than once a month), the anticipated values of the Work at each progress payment request, and when the
CONTRACTOR intends to submit shop drawings. These schedules shall be agreed to by the CONTRACTOR
and ENGINEER and shall be of sufficient detail to provide the basis for progress payments during
construction.
8-3 Notice to Proceed
The Contract Time shall begin to run on the date specified in the Notice to Proceed.
8-4 Commencement of the Project
The CONTRACTOR may begin Work on the day specified in the Notice to Proceed, and no Work shall be
done on the Project prior to the date specified in the Notice to Proceed except as agreed in writing by the
OWNER and CONTRACTOR. Commencement shall be preceded by an on-site walk-through by the
CONTRACTOR and ENGINEER to identify existing conditions, location of storage/maintenance yard, safety
and traffic requirements, and any other considerations relative to the Work.
SECTION 9.0
MEASUREMENT AND PAYMENTS
9-1 Application for Payment
Application for Payment (Pay Estimates) will be processed once a month on a date established at the
Preconstruction Conference. Prior to submittal of an Application for Payment, the CONTRACTOR shall meet
with the ENGINEER or his representative at the Project Site to review and agree on quantities completed as of
the date of the Application for Payment, including any material stored at or near the Project Site and any
specially fabricated equipment or material to be incorporated into the Project for which the CONTRACTOR has
made progress payments to the manufacturer, whether or not stored at the Project Site, together with any
supporting documentation the OWNER or ENGINEER shall require including waiver of lien claims for material
suppliers or Subcontractors and their suppliers.
The Application for Payment form will contain the Bid items of the Bid Proposal listed in the Contract. All
CONTRACTOR costs to complete the Work shown on the Plans or in the Specifications shall be included in
the Bid items. All related and incidental Work necessary to complete the Contract, though not specifically
listed in the Bid items, will be considered as subsidiary obligations under the Contract.
9-2 Measurement of Quantities
The determination of quantities of Work acceptably completed under the terms of the Contract or as directed
by the ENGINEER in writing will be made by the ENGINEER and will be based on measurements taken by
him or his assistants. These measurements will be taken according to the United States standard measure.
All surface and linear measurements will be taken according to the United States standard measure. All
surface and linear measurements will be taken horizontally, unless otherwise shown on plans or specified in
the Technical Specifications. Structures shall be measured to the neat lines as shown on the plans or as
ordered in writing by the ENGINEER.
GENERAL PROVISIONS
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9-3 Scope of Payment
The CONTRACTOR shall accept the compensation, as herein provided, in full payment for furnishing all
materials, equipment, labor, tools, and incidentals necessary to complete the Work and for performing all Work
contemplated and embraced under the Contract; also for loss or damage arising from the nature of the Work,
or from the action of the elements, or from any unforeseen difficulties which may be encountered during the
prosecution of the Work until Initial Acceptance, and for all risks of every description connected with the
prosecution of the Work, for all expenses incurred in consequence of the suspension of discontinuance of the
Work as herein specified; and for completing the Work according to the Plans and Specifications. Neither the
payment of any estimate nor of any retained percentage shall relieve the CONTRACTOR of any obligations to
make good any defective Work or material. No monies, payable under Contract, or any part thereof, except
the estimate for the first month or period, shall become due and payable until the CONTRACTOR shall satisfy
the OWNER that he has fully settled or paid for all materials and equipment used in or upon the Work and
labor done in connection therewith, and the OWNER, if he so elects, may pay any or all such bills, wholly or in
part, and deduct the amount or amounts so paid from any monthly or final estimate excepting the first
estimate. In the event the Surety on any bond given by the CONTRACTOR becomes insolvent, or is placed in
the hands of a receiver, or has its right to do business in the State revoked as provided by law, the OWNER
may, at his election, withhold payment of any estimate filed or approved by the ENGINEER until the
CONTRACTOR shall give a good and sufficient bond in lieu of the bond so executed by such Surety.
9-4 Payment Approval
The ENGINEER shall review the CONTRACTOR’S Application for Payment within ten (10) days of its receipt.
If the Project has progressed to the point indicated in the Application for Payment, in the manner required by
the Contract Documents, and is of a quality acceptable to the ENGINEER based on his judgment, skill, and
experience as a professional design engineer, then he shall forward the Application for Payment to the
OWNER recommending the requested payment be made.
9-5 Withheld Approval
The ENGINEER may refuse to approve an Application for Payment in whole or in part if he has found any part
of the Work to be defective, damaged or in need of repair or replacement, not completed to the point indicated
in the Application for Payment, not performed in an acceptable manner or quality according to standards in the
profession, or the CONTRACTOR has failed to make payments due to Subcontractor or other suppliers of
labor, materials, or equipment. The ENGINEER shall, within ten (10) days of the receipt of the Application for
Payment, either approve or return the Application for Payment to the CONTRACTOR, stating his reasons for
disapproval in writing. The CONTRACTOR may make any necessary corrections and resubmit the Application
for Payment within ten (10) days of the ENGINEER’S disapproval. If then approved, the ENGINEER will
forward the Application for Payment to the OWNER for payment. If disapproved, the CONTRACTOR must wait
until the next progress payment becomes due to request payment.
9-6 Amount and Time of Payment
The OWNER shall pay the CONTRACTOR, or state in writing his reasons for refusing to do so, within ten (10)
days of receipt of an Application for Payment approved by the ENGINEER. Payment shall be in the amount
recommended by the ENGINEER, less any retainage agreed to by the OWNER and CONTRACTOR or
required by law.
9-7 Retainage
The OWNER and CONTRACTOR agree that the OWNER shall retain five percent (5%) of the amount of each
payment until Initial Acceptance of all Work covered by the Contract Documents. When the Project is
substantially complete (operational or beneficial occupancy), the retained amount may be further reduced
below five-percent (5%) to only that amount necessary to assure completion. Nothing contained in this
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provision shall preclude the OWNER and CONTRACTOR from making other arrangements consistent with
Colorado Revised Statutes 24-91-105 prior to contract award.
9-8 Payments Withheld
The OWNER may withhold payment to the extent that the ENGINEER does not approve the CONTRACTOR’S
Application for Payment or, if evidence arises that claims may be or have been filed by other parties against
the CONTRACTOR which may adversely affect the OWNER, or if the CONTRACTOR fails to cooperate with,
or damages any other contractor or his Work.
9-9 Failure of Payment
If the OWNER fails to pay the amount due or objects in writing to the CONTRACTOR according to the terms of
Sections 9-6 and 9-8, the CONTRACTOR may terminate the Contract upon sixty (60) days’ written notice to
the OWNER. If payment or written objection is made after the OWNER’S receipt of CONTRACTOR’S notice
under this Paragraph and before the expiration of sixty (60) days after such receipt, the CONTRACTOR may
not terminate the Contract.
9-10 Final Payment
After all Work has been completed and all patent deficiencies or patent defects remedied by the
CONTRACTOR to the satisfaction of the ENGINEER and the ENGINEER has issued the Certificate of Initial
Acceptance, the CONTRACTOR may make application to the OWNER for final payment. The Application
shall include evidence, by way of lien waivers, affidavit or receipts, that all claims for payrolls, materials,
equipment and other indebtedness incurred by, or which have become the responsibility of, the
CONTRACTOR or other claims arising out of the Project which have, or may become, the responsibility of the
OWNER have been paid or otherwise satisfied. Upon receipt of the Certificate and the final Application for
Payment, OWNER shall make final payment.
Final payment by the OWNER shall constitute acceptance of the Project by the OWNER and a waiver of all
claims against the CONTRACTOR, except those for unsettled claims by Subcontractors or other suppliers,
defects, or omissions arising which were not discoverable upon reasonable observation by the ENGINEER,
failure of the CONTRACTOR to perform any part of the Project in compliance with the Contract Documents, or
any defects which are discovered within the warranty period.
9-11 Lien Releases
Along with each Application for Payment and as a prerequisite for receipt of Payment, the CONTRACTOR will
be required to provide an accompanying partial lien release waiver, from himself and all of his subcontractors
and material suppliers, the form of which is attached at the end of the Contract Section. Each lien release
shall be made out to cover the previous pay period. A final lien release, the form of which is attached at the
end of the Contract Section, will be required within fifteen (15) days after Initial Acceptance of the project.
SECTION 10.0
COMPLETION OF THE PROJECT
10-1 Initial Acceptance
When the CONTRACTOR considers the Project to be complete, he shall so certify to the ENGINEER. Within
ten (10) days of such certification, the ENGINEER shall inspect the Project and determine the status of
completion. Within ten (10) days, the ENGINEER shall decide whether or not to issue a Certificate of Initial
Acceptance and/or a list of unfinished Work to be done and corrections to be made and the date by which
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such Work is to be done. If the ENGINEER fails to issue a Certificate of Initial Acceptance, he shall state his
reasons in writing to the CONTRACTOR.
The OWNER may use the Work after issuance of a Certificate of Initial Acceptance so long as there is, as a
result of such use, no interference with any remaining Work required by the CONTRACTOR. If the OWNER
wishes to use any portion of the Project before issuance of a Certificate of Initial Acceptance, he shall state
such request in writing to the CONTRACTOR. If the CONTRACTOR agrees, he shall certify to the OWNER
and ENGINEER that the portion is substantially complete and request that the ENGINEER issue a Certificate
of Initial Acceptance for that portion of the Work the OWNER wishes to use.
The ENGINEER shall make one inspection at the time the CONTRACTOR requests a Certificate of Initial
Acceptance for all or any portion of the Project. If additional inspections are required because the
CONTRACTOR’S Work is not substantially complete, in the ENGINEER’S judgment, each subsequent
inspection of the same Work for the purpose of obtaining a Certificate of Substantial Initial Acceptance shall be
at the sole expense of the CONTRACTOR.
10-2 Final Acceptance
When the CONTRACTOR believes the Project is finally completed, he shall so certify to the OWNER and
ENGINEER one (1) month prior to the end of the Warranty Period. The OWNER, CONTRACTOR and
ENGINEER will then inspect the Project. The ENGINEER will notify the CONTRACTOR of any patently
deficient or patently defective Work. The CONTRACTOR will then immediately and completely remedy any
Work that is not in conformance with the Contract Documents.
The ENGINEER shall review the CONTRACTOR’S certificate, all the required supporting documents and
make a final inspection of the Work. If the Work and Application are satisfactory according to the Contract
Documents and professional engineering and construction standards, he shall recommend to the OWNER
issuance of a Certificate of Final Acceptance. If the OWNER objects for any reason, he shall so state to the
ENGINEER in writing within ten (10) days. The ENGINEER shall instruct the CONTRACTOR to remedy the
OWNER’S objections.
The ENGINEER shall inspect the Work to determine if OWNER’S objections have been remedied. If he
determines the objections have been remedied, he shall issue the Certificate of Final Acceptance to the
OWNER.
No inspection, approval, failure to approve nor failure to detect any defects, errors, or omissions by the
ENGINEER shall limit or excuse the liability of the CONTRACTOR or Subcontractor or any other party
involved in the Project, nor waive or limit any remedy that may be available to the OWNER.
SECTION 11.0
INSURANCE
11-1 Contractor’s Insurance
At all times during the term of this Contract, CONTRACTOR shall carry and maintain in full force, at
CONTRACTOR’S expense, the following insurance policies, with insurance companies satisfactory to
OWNER.
1. Comprehensive General Liability Insurance in the amount of $1,000,000 per occurrence
including the following coverage’s:
A. Contractual Insurance
B. Personal Injury
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C. Explosion and Collapse Insurance
D. Underground Hazard
E. Products and Completed Operations Hazard
F. Broad Form Property Damage
G. Independent CONTRACTOR’S Insurance
2. Comprehensive Automobile Liability on all CONTRACTOR’S vehicles used in connection with
the Services in an amount of One-Million-and-00/100 Dollars ($1,000,000) combined single limits for
bodily injury and property damage per occurrence.
3. CONTRACTOR shall take out and maintain during the term of the Contract Workmen’s
Compensation Insurance in accordance with the provisions of the Workmen’s Compensation Act of
the State of Colorado, for all its employees to be engaged in performing the Work and in the case
portions of the Work are subcontracted, CONTRACTOR shall require the Subcontractor similarly to
provide the Workmen’s Compensation Insurance for all the latter’s employees to be engaged in such
Work.
4. The CONTRACTOR shall obtain Builders’ “All-Risk” insurance coverage for the Project to the
full insurable value thereof and not less than the total Contract Price. This insurance shall provide
coverage for all completed Work and Work in progress, including materials and equipment stored on
or off the Project Site or in transit to the Project Site. This insurance shall cover losses, including
those due to theft, vandalism, malicious mischief, riot, and damage occurring during construction or
any time before the Project is accepted by the OWNER.
11-2 Additional Insured’s
CONTRACTOR agrees that OWNER, CDOT and RG & Associates, LLC shall be named as additional insured
as its interest may appear for all comprehensive liability insurance including that of SUBCONTRACTORS.
11-3 Notice of Cancellation or Modification
All insurance policies obtained by the CONTRACTOR shall contain a provision stating that they will not be
cancelled or modified until thirty (30) days after the OWNER has received written notice. If the
CONTRACTOR receives any such notification, he shall immediately notify the OWNER and ENGINEER.
11-4 Period of Coverage
All insurance shall cover the entire period while Work is being performed on the Project until the OWNER
issues the Certificate of Final Acceptance and accepts the Project.
11-5 Proof of Insurance
Before commencement of any Work on the Project, the CONTRACTOR shall provide proof to the OWNER
that he and all Subcontractors have obtained insurance coverage in full compliance with the Town of Estes
Park Requirements.
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SECTION 12.0
RETENTION OF RIGHTS
Nothing contained in the insurance requirements is to be construed as limiting the extent of the
CONTRACTOR’S liability for damages resulting from his performance under this Contract.
The CONTRACTOR shall hold harmless, pay all costs to defend and indemnify the OWNER, ENGINEER and
each of their employees and agents from any and all liability claims, losses or damage arising or alleged to
arise from the performance of Work described herein, but not including any claims, losses or damage arising
from the sole negligence of the OWNER or ENGINEER.
SECTION 13.0
CONTRACTOR’S WARRANTIES
13-1 Warranty Period/Guarantee Period
For a period of two (2) years from Initial Acceptance, the CONTRACTOR will indemnify and hold harmless the
OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses
and expenses including attorney’s fees arising out of or resulting from the performance of the Work, provided
that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property including the loss of use resulting therefrom; and is caused in whole
or in part by any negligent or willful act or omission of the CONTRACTOR, any Subcontractor, anyone directly
or indirectly employed by any of them or anyone for whose acts any of them may be liable.
The CONTRACTOR shall guarantee/warrant all materials and equipment furnished and Work performed for a
period of two (2) years from the date of Initial Acceptance. The completed Project is to be free from all
defects due to faulty materials or Workmanship and the CONTRACTOR shall promptly make such corrections
as may be necessary by reason of such defects including the repairs of any damages to other parts of the
Project resulting from such defects. The OWNER will give notice of observed defects with reasonable
promptness given the urgency of the circumstances and the possibility of consequential damages. In the
event that the CONTRACTOR should fail to make such repairs, adjustments, or other Work that may be made
necessary by such defects, the OWNER may do so and charge the CONTRACTOR the cost hereby incurred.
The Performance Bond shall remain in full force and effect through the warranty period and until Final
Acceptance is granted by all governing authorities.
The CONTRACTOR will contact the OWNER one (1) month prior to the expiration of the Warranty Period.
The Warranty Period shall not expire until the project obtains the Final Acceptance from all governing
agencies.
13-2 Limitation
In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any
employee of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them, or
anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way
by any limitation on the amount or type of damages, compensation or benefits payable by or for the
CONTRACTOR or any Subcontractor under Workmen’s Compensation acts, disability benefit acts or other
employee benefits acts.
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13-3 Limits of Liability
The obligation of the CONTRACTOR under this Paragraph shall not extend to the liability of the ENGINEER,
his agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports,
surveys, Change Orders, designs or specifications.
13-4 Assignment of Warranty
CONTRACTOR shall assign to OWNER all warranties received from third parties on any part of the received
Project.
SECTION 14.0
CHANGES IN THE CONTRACT
14-1 Changes in Work
The OWNER may, at any time, without notice to the Sureties, by written order designated or indicated to be a
Change Order, make any change in the Work within the general scope of the Contract Documents, including
but not limited to changes 1) in the specifications (including drawings and designs); 2) in the method or
manner of performance of the Work; 3) in the OWNER-furnished facilities, equipment, materials, services, or
site; or 4) directing acceleration in the performance of the Work.
14-2 Change Orders
Except as provided in Paragraph 14-1 above, no order, statement, or conduct of the OWNER or ENGINEER
shall be treated as a Change Order under this Section or shall entitle the CONTRACTOR to any adjustment.
The OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the
Project which are required by OWNER or because of any claim asserted by CONTRACTOR as provided in
this Section which is recommended by ENGINEER and approved by OWNER. The Contract price and time
may only be changed by Change Order.
14-3 Authorized Extra Work
The CONTRACTOR shall perform only that extra Work authorized by a written Change Order, except in the
case of an emergency where he shall proceed according to Paragraphs 7-12 and 14-7 of these General
Provisions.
14-4 Change in Cost or Time
If any change under this Section 14.0 causes an increase or decrease in the CONTRACTOR’S cost of, or the
time required for, the performance of any part of the Work under this Contract, an equitable adjustment shall
be made and the Contract modified in writing accordingly. However, except for claims based on defective
specifications, no claim for any change under this Section shall be allowed for any costs incurred more than
twenty (20) days before the CONTRACTOR gives written notice. Also, in the case of defective specifications
for which the OWNER is responsible, the equitable adjustment shall include any increased cost reasonably
incurred by the CONTRACTOR in attempting to comply with such defective specifications.
14-4.1 If the CONTRACTOR intends to assert a claim for any adjustment under this Section, he
must, within twenty (20) days after receipt of a written Change Order under Paragraph 14-1 above,
submit to the OWNER a written statement setting forth the general nature and monetary extent of
such claim, unless the OWNER extends this period.
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All Change Order requests shall be presented within ten (10) consecutive calendar days of the event
and be processed in the pay application period of the event. Failure to request the change order within
the specific time noted will result in it not being accepted.
14-4.2 No claim by the CONTRACTOR for any adjustment hereunder shall be allowed unless
asserted before Final Payment under the Contract Documents.
14-4.3 Adjustments in the Contract Price which may result from extra Work ordered in a Change
Order, shall be provided in the Change Order. The amount of any Contract Price increase or
decrease shall be determined as follows:
1. By mutual acceptance of a lump sum properly itemized and supported by sufficient
substantiating data to permit evaluation; or
2. By unit prices stated in the Contract Documents or subsequently agreed upon; or
3. By cost to be determined in a manner agreed upon by the parties and a mutually
acceptable fixed or percentage fee; or
4. By the method provided in Subparagraph 14-4.4.
14-4.4 If none of the methods set forth in Paragraphs 14-4.3.1, 14-4.3.2, or 14-4.3.3 above is agreed
upon, the CONTRACTOR, provided he receives a written order signed by the OWNER, shall promptly
proceed with the Work involved. The cost of such Work shall then be determined by the ENGINEER
on the basis of the reasonable expenditures and savings of those performing the Work attributable to
the change, including, in the case of an increase in the Contract Price, an allowance for overhead and
profit in accordance with the schedule set forth in Paragraph 14-4.6 below. In such case, and also
under Paragraphs 14-4.3.3 and 14-4.3.4 above, the CONTRACTOR shall keep and present, in such
form as the ENGINEER may prescribe, an itemized accounting together with appropriate supporting
data for inclusion in a Change Order. Unless otherwise provided in the Contract Documents, cost
shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of
labor, including social security, old age and unemployment insurance, and fringe benefits required by
agreement or custom; Workers’ or Workmen’s compensation insurance; bond premiums; rental value
of equipment and machinery; and the additional costs of supervision and field office personnel directly
attributable to the change. Pending final determination of cost to the OWNER, payments on account
shall be made on the ENGINEER’S Certificate for Payment. The amount of credit to be allowed by
the CONTRACTOR to the OWNER for any deletion or change which results in a net decrease in the
Contract Sum will be the amount of the actual net cost as confirmed by the ENGINEER. When both
additions and credits covering related Work or substitutions are involved in any one change, the
allowance for overhead and profit shall be figured on the basis of the net increase, if any, with respect
to that change.
14-4.5 If unit prices are stated in the Contract, and if the quantities originally contemplated are
changed in a proposed Change Order by more than thirty-percent (30%) above or below the
quantities contemplated in the Contract, and the Change Order will change the Contract Price by
more than thirty-percent (30%) above or below the Contract Price when the Change Order is
executed, the applicable unit prices shall be adjusted.
14-4.6 For purposes of computing costs or credit, the value of such costs or credit shall be
determined as follows:
1. By Estimate and Acceptance in a Lump Sum: In the event this method is used, the
procedure shall be as follows:
The ENGINEER will submit to the CONTRACTOR such drawings, specifications or
descriptions as may be required by the proposed change with a request for a proposal.
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CONTRACTOR shall submit as soon as possible thereafter a proposal to cover the
contemplated change with a detailed breakdown of estimated cost therefor. To the estimated
cost, there shall be added on all Work which the CONTRACTOR himself performs, an
allowance of fifteen-percent (15%) of costs [as defined in 14-4.6.3(b) below] for overhead [as
defined in 14-4.6.3(b) below] and five-percent (5%) of costs for profit. These same
percentages shall be allowed to the Subcontractor for his overhead and profit on all Work
which he performs, and an additional five-percent (5%) of the Subcontractor’s invoice shall be
allowed the CONTRACTOR. These percentages shall apply to the net addition (cost of
additional Work less credit for any omitted Work) of any one change.
2. By Unit Prices: In the event this method is used, no allowances will be added for
overhead and profit, as the unit prices subsequently agreed upon shall include all costs,
overhead and profit.
3. By Cost and Percentage or By Cost and Fixed Fee: In the event this method is used,
the CONTRACTOR shall keep and present in such form as the ENGINEER may direct,
accurate and detailed account of the cost of Work so ordered, including, but not limited to,
certified payroll sheets and copies of accounts, bills and vouchers. To this cost shall be
added either:
(a) The percentages for overhead and profit in the same manner as outlined in
Paragraph 14-4.6.1 above; or
(b) The fixed fee agreed upon prior to the start of the Work. Cost shall include all
items of labor and materials, the use of power tools and equipment, the rates for
which shall be as stated in the Colorado Department of Highways rate schedule,
power and all items of cost such as public liability and Workmen’s compensation
insurance, pro rata charges for foremen, also social security, old age and
unemployment insurance, and bonds.
Overhead includes insurance other than mentioned above, superintendents, timekeepers,
clerk, watchmen, use of small tools, and general office expense.
No percentage for profit will be allowed on items of social security, Workmen’s compensation,
old age and unemployment insurance, welfare fund contributions, travel, bonds and
insurance, or overhead items.
If deductions are ordered, the credit shall be the net cost.
14-5 Differing Site Conditions
The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the OWNER in writing of:
a. Subsurface or latent physical conditions at the Site, differing materially and unusual nature
from those indicated in the Contract Documents; or
b. Unknown physical conditions at the Project Site, of an unusual nature, differing materially
from those ordinarily encountered and generally recognized as inhering in the Work of the
character provided for in the Contract Documents.
14-5.1 The ENGINEER shall promptly investigate the conditions. If the ENGINEER finds that such
conditions do materially differ and 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 Documents, whether or
not changed as a result of such conditions, an equitable adjustment shall be made and the Contract
Documents modified in writing accordingly.
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14-5.2 No claim of the CONTRACTOR under this Section shall be allowed unless the
CONTRACTOR has given the notice required above, except that the OWNER may extend the
prescribed time.
14-5.3 No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed
unless asserted before final payment under the Contract Documents.
14-6 Minor Changes
The ENGINEER may order minor changes in the Project which do not result in an increase to the Contract
Time or Contract Price, which are consistent with the overall intent of the Contract Documents.
SECTION 15.0
SUSPENSION AND TERMINATION OF THE CONTRACT
15-1 Suspension of Work by the OWNER
The OWNER may order the CONTRACTOR, in writing, upon Ten (10) days notice, to suspend, delay or
interrupt all or any part of the Work for such period of time not to exceed ninety (90) days as he may determine
to be appropriate for the convenience of the OWNER.
If the performance of all or any part of the Work is delayed or interrupted for an unreasonable period of time by
an act of the OWNER in administration of this Contract, or by the OWNER’S or ENGINEER’S failure to act
within the time specified in this Contract (or if no time is specified, within a reasonable time), an adjustment
shall be made for any increase in the cost of performance of the Work (excluding profit) necessarily caused by
such delay interruption, or failure to act and the Contract Documents modified in writing accordingly. However,
no adjustment shall be made under this clause for any delay, or interruption to the extent 1) that performance
would have been so delayed, or interrupted by any other cause, including the fault or negligence of the
CONTRACTOR; or 2) for which an equitable adjustment is provided for or excluded under any other provision
of the Contract Documents.
No claim under this Section shall be allowed 1) for any costs incurred for more than twenty [20] days before
the CONTRACTOR shall have notified the OWNER in writing of the act or failure to act involved [but this
requirement shall not apply as to a claim resulting from a Suspension Order]; and 2) unless the claim, in an
amount stated, is asserted in writing as soon as practical after the termination of such suspension, delay or
interruption, or failure to act but before the date of final payment under the Contract.
15-2 Termination by the OWNER
15-2.1 Termination for Default.
15-2.1.1 If the CONTRACTOR refuses or fails to prosecute the Work, or any separable part
of the Work, with such diligence as will ensure its completion within the time period specified
in the Contract Documents or any extension thereof, or fails to complete said Work within
such time, or is in default for any of the reasons set forth in Paragraph 15-2.1.5 of these
General Provisions, the OWNER may, upon ten (10) days’ written notice to the
CONTRACTOR and his Surety, terminate the CONTRACTOR’S right to proceed with the
Work or such part of the Work as to which there has been delay. In such event, the OWNER
may take over the Work and prosecute the same to completion by Contract or otherwise and
may take possession and use in completing of the Work such materials, appliances and
equipment as may be on the Project site and necessary therefore. Whether or not the
CONTRACTOR’S right to proceed with the Work is terminated, he and his Surety shall be
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liable for any damage to the OWNER resulting from his refusal or failure to complete the
Work within the time period in the Contract Documents.
15-2.1.2 In the event of such Termination for Default, the OWNER may exclude the
CONTRACTOR from the Project Site without incurring any liability toward the
CONTRACTOR for trespass or conversion, or waiving any rights, claims or causes of action it
may have against the CONTRACTOR.
15-2.1.3 If the Contract provides for liquidated damages and if the OWNER terminates the
CONTRACTOR’S right to proceed, the resulting damage will consist of such liquidated
damages until such reasonable time as may be required for Initial Acceptance of the Project,
together with any increased costs to the OWNER incurred in completing the Project.
15-2.1.4 If the Contract provides for liquidated damages, and if the OWNER does not
terminate the CONTRACTOR’S right to proceed, the resulting damage will consist of such
liquidated damages until the Project is completed.
15-2.1.5 The OWNER may also terminate the Contract for default if any one of the following
events should occur:
1. If the CONTRACTOR files a petition under the Bankruptcy Act.
2. If the CONTRACTOR makes a general assignment for the benefit of creditors.
3. A trustee or receiver is appointed for the CONTRACTOR or any of the
CONTRACTOR’S property.
4. The CONTRACTOR repeatedly fails to supply sufficient skilled Workmen or
suitable materials or equipment to maintain the schedule.
5. The CONTRACTOR repeatedly disregards laws, ordinances, rules, regulations or
orders of any public body having jurisdiction over the Project.
6. The CONTRACTOR disregards the authority of the ENGINEER.
7. The CONTRACTOR is in anyway in substantial violation of the provisions of the
Contract Documents.
15-2.1.6 The CONTRACTOR’S right to proceed shall not be terminated nor the
CONTRACTOR charged with resulting damage if:
1. The delay in the completion of the Project arises from causes other than normal
weather beyond the control and without the fault or negligence of the
CONTRACTOR including, but not restricted to, acts of God, acts of the public
enemy, acts of the OWNER in either its sovereign or contractual capacity, acts of
another CONTRACTOR in the performance of a Contract with the OWNER, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually
severe weather, or delays of Subcontractors or Suppliers arising from causes other
than normal weather beyond the control and without the fault or negligence of both
the CONTRACTOR and such Subcontractors or suppliers; and
2. The CONTRACTOR, within ten (10) days from the beginning of any such delay
(unless the OWNER grants a further period of time before the date of final payment
under the Contract), notifies the OWNER in writing of the causes of delay. The
ENGINEER shall ascertain the facts and the extent of delay and extend the time for
completing the Work when, in his judgment, the findings of fact justify an extension.
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The ENGINEER’S findings of fact shall be final and conclusive of the parties, subject
only to appeal as provided in Section 16.0 of the General Provisions.
15-2.1.7 If, after Notice of Termination of the CONTRACTOR’S right to proceed under the
provisions of this Paragraph 15-2.1, it is determined for any reason that the CONTRACTOR
was not in default under this Paragraph 15-2.1, or that the delay was excusable under this
Paragraph 15-2.1, the rights and obligations of the parties shall be same as if the Notice of
Termination has been issued under the Paragraph 15-2.2 providing for Termination for
Convenience of the OWNER.
The rights and remedies provided in this Section are in addition to any other rights and
remedies provided by law or under the Contract Documents.
15-2.1.8 Payment Upon Termination for Default
1. After termination by the OWNER for default, the CONTRACTOR shall not be
entitled to any further payments until Initial Acceptance of the Project. After the
Project is finally completed and a Certificate of Initial Acceptance is issued by the
OWNER, the OWNER shall compute the Total Costs to complete the Project after
termination. If the Total Costs to complete the Project added to those amounts
already paid to the CONTRACTOR (including any retained amounts, but not
including any liquidated damages which may have been assessed by the OWNER)
is less than the original Contract Price, as modified by any written Change Orders,
then the OWNER shall pay the difference to the CONTRACTOR as a lump sum
Termination Fee in lieu of any other settlement.
2. If the Total Costs to complete the Project added to those amounts already
paid to the CONTRACTOR (including any retained amounts, but not including any
liquidated damages which may have been assessed by the OWNER) is more than
the original Contract Price as modified by any written Change Orders, then the
CONTRACTOR or his Surety shall pay the difference between the Total Costs to the
OWNER to complete the Project and the Contract Price.
Total Costs as used in Paragraphs 15-2.1.8.1 and 15-2.1.8.2 shall mean all costs including additional costs of
labor, material, supplies, equipment, additional engineering costs, attorneys fees, and loss of revenue incurred
by the OWNER.
15-2.2 Termination for Convenience
15-2.2.1 The OWNER may terminate the performance of Work under the Contract
Documents in accordance with this Section, in whole, or from time to time in part, whenever
the OWNER shall determine that such termination is in the best interest of the OWNER. Any
such termination shall be affected by delivery of a written Notice of Termination to the
CONTRACTOR specifying the extent to which performance of Work under the Contract is
terminated and the date upon which termination becomes effective.
15-2.2.2 After receipt of a Notice of Termination, and except as otherwise directed by the
OWNER, the CONTRACTOR shall:
1. Stop Work under the Contract on the date and to the extent specified in the
Notice of Termination;
2. Place no further orders or subcontracts for materials, services, or facilities except
as necessary to complete the portion of the Work under the Contract which is not
terminated;
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-32
JULY 2014
3. Terminate all orders and subcontracts to the extent that they relate to the
performance of Work terminated by the Notice of Termination;
4. Assign to the OWNER, in the manner, at the times, and to the extent directed by
the OWNER, all of the right, title, and interest of the CONTRACTOR under the
orders and subcontracts so terminated. The OWNER shall have the right, in its
discretion, to settle or pay any or all claims arising out of the termination of such
orders and subcontracts;
5. Settle all outstanding liabilities and all claims arising out of such termination of
orders and subcontracts, with the approval or ratification of the OWNER to the extent
he may require. His approval or ratification shall be final for all purposes of this
clause;
6. Transfer to the OWNER, and deliver in the manner, at the times, and to the
extent, if any directed by the OWNER a) the fabricated or unfabricated parts, Work in
process, completed Work, supplies, and other material produced as a part of, or
acquired in connection with the performance of, the Work terminated by the Notice of
Termination; and b) the completed or partially completed plans, drawings,
information, and other property which, if the Project had been completed would have
been required to be furnished to the OWNER;
7. Use his best efforts to sell, in the manner, at the times, to the extent, and at the
price or prices that the OWNER directs or authorizes, any property of the types
referred to above in this Paragraph, but the CONTRACTOR a) shall not be required
to extend credit to any purchaser; and b) may acquire any such property under the
conditions prescribed and at a price or prices approved by the OWNER. The
proceeds of any such transfer or disposition shall be applied in reduction of any
payments to be made by the OWNER to the CONTRACTOR under the Contract
Documents or shall otherwise be credited to the price or cost of the Work covered by
the Contract Documents or paid in such other manner as the OWNER may direct;
8. Complete performance of such part of the Work as shall not have been
terminated by the Notice of Termination; and
9. Take such action as may be necessary, or as the OWNER may direct, for the
protection and preservation of the property related to the Project which is in the
possession of the CONTRACTOR and in which the OWNER has or may acquire an
interest.
15-2.2.3 After receipt of a Notice of Termination, the CONTRACTOR shall submit to the
OWNER his termination claim, in the form and with the certification the OWNER prescribes.
Such claim shall be submitted promptly but in no event later than one (1) year from the
effective date of the termination, unless one or more extensions in writing are granted by the
OWNER upon request of the CONTRACTOR made in writing within such one (1) year period
or authorized extension. However, if the OWNER determines that the facts justify such
action, he may receive and act upon any such termination claim at any time after such one
(1) year period or extension. If the CONTRACTOR fails to submit his termination claim within
the time allowed, the OWNER may determine, on the basis of information available to him,
the amount, if any, due to CONTRACTOR because of the termination. The OWNER shall
then pay to the CONTRACTOR the amount so determined.
15-2.2.4 Subject to the provisions of this Paragraph, the CONTRACTOR and the OWNER
may agree upon the whole or any part of the amount or amounts to be paid to the
CONTRACTOR because of the total or partial termination of Work under this subsection.
The amount or amounts may include a reasonable allowance for profit on Work done.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-33
JULY 2014
However, such agreed amount or amounts, exclusive of settlement costs, shall not exceed
the total Contract Price as reduced by the amount of payments otherwise made and as
further reduced by the Contract Price of the portion of the Property not terminated. The
Contract Documents shall be amended accordingly, and the CONTRACTOR shall be paid
the agreed amount. Nothing in this Paragraph prescribing the amount to be paid to the
CONTRACTOR in the event of the failure of the CONTRACTOR and the OWNER to agree
upon the whole amount to be paid to the CONTRACTOR because of termination of Work
under this Section, shall be deemed to limit, restrict, or otherwise determine or affect the
amount or amounts which may be agreed upon to be paid to the CONTRACTOR pursuant to
this Paragraph.
15-2.2.5 If the CONTRACTOR and the OWNER fail to agree on the whole amount to be paid
to the CONTRACTOR because of the termination of Work under this Section, the OWNER
shall determine, on the basis of information available to him, the amount, if any, due to the
CONTRACTOR by reason of the termination and shall pay the CONTRACTOR the amounts
determined as follows:
1. For all Contract Work performed before the effective date of the Notice of
Termination the total (without duplication of any items) of a) the cost of such Work; b)
the cost of settling and paying claims arising out of the termination of Work under
subcontracts or orders as Paragraph 15-2.2.2(3) above provides. This cost is
exclusive of the amounts paid or payable on account of supplies or materials
delivered or services furnished by the Subcontractor before the effective date of the
Notice of Termination. These amounts shall be included in the cost on account of
which payment is made; and c) a sum, as profit, that the OWNER and
CONTRACTOR determine to be fair and reasonable. But, if it appears that the
CONTRACTOR would have sustained a loss on the entire Project had it been
completed, no profit shall be included or allowed under this Paragraph and an
appropriate adjustment shall be made reducing the amount of the settlement to
reflect the indicated rate of loss; and
2. The reasonable cost of the preservation and protection of property incurred and
any other reasonable costs incidental to termination of the Work under the Contract
Documents, including expense incidental to the determination of the amount due to
the CONTRACTOR as a result of the termination of Work under the Contract
Documents. The total sum to be paid to the CONTRACTOR shall not exceed the
total Contract Price as reduced by the amount of payments otherwise made and as
further reduced by the amount of payments otherwise made and as further reduced
by the Contract Price of Work not terminated. Except for normal spoilage, and
except to the extent that the OWNER shall have otherwise expressly assumed the
risk of loss, there shall be excluded from the amounts payable to the CONTRACTOR
the fair value, as determined by the OWNER, of property which is destroyed, lost,
stolen or damaged, to the extent that it is undeliverable to the OWNER or to a Buyer
under Paragraph 15-2.2.2(7) of this Section.
15-2.2.6 The CONTRACTOR shall have the right to dispute, under Section 16.0 of these
General Provisions, any determination the OWNER makes under this Section. But, if the
CONTRACTOR has failed to submit his claim within the time provided in Paragraph 15-2.2.3
and has failed to request an extension of time, he shall have no such right of appeal. In any
case where the OWNER has determined the amount due, the OWNER shall pay to the
CONTRACTOR the following:
1. If there is no right of appeal hereunder or if no timely appeal has been made, the
amounts so determined by the OWNER; or
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-34
JULY 2014
2. If a dispute proceeding is initiated, the amount finally determined in such dispute
proceeding.
15-2.2.7 In arriving at the amount due to the CONTRACTOR under Paragraph 15-2.2.3
above, there shall be deducted:
1. All unliquidated advanced or other payments on account therefore made to the
CONTRACTOR, applicable to the terminated portion of the Work;
2. Any claim which the OWNER may have against the CONTRACTOR in
connection with this Contract; and
3. The agreed price for, or the proceeds of sale of, any materials, supplies or other
things kept by the CONTRACTOR or sold, under the provisions of this Section, and
not otherwise recovered by or credited to the OWNER.
15-2.2.8 If the termination hereunder be partial, before the settlement of the terminated
portion of this Contract, the CONTRACTOR may file with the OWNER or request in writing for
an equitable adjustment of the price or prices specified in the Contract relating to the
continuing portion of the Work (the portion not terminated by the Notice of Termination).
Such equitable adjustment as may be agreed upon shall be made in the price or prices.
Nothing contained herein shall limit the right of the OWNER and the CONTRACTOR to agree
upon the amount or amounts to be paid to the CONTRACTOR for the completion of the
continued portion of the Work when the Contract Documents do not contain an established
Contract Price for the continued portion.
15-3 Suspension by the Contractor
15-3.1 The CONTRACTOR may suspend Work on the Project upon ten (10) days written notice to
the OWNER and ENGINEER if any one of the following events occur:
15-3.1.1 The ENGINEER fails to act on any Application for Payment within ten (10) days
after it is submitted.
15-3.1.2 The OWNER fails to pay any sum finally due, after any proceeding under Section
16.0.
15-3.2 Work shall continue if within the ten (10) day notice period the situation which justified
suspension by the CONTRACTOR under this Section is remedied.
15-4 Termination by Contractor
15-4.1 The CONTRACTOR may terminate the Contract and recover any sums due for Work
performed, materials purchased, and other reasonable expenses including reasonable termination
expense upon ten (10) days written notice to the OWNER should one of the following events occur:
15-4.1.1 Suspension of the Work through no fault of the CONTRACTOR by court order or
other act by a public authority with proper jurisdiction for a period in excess of ninety (90)
days.
15-4.1.2 Failure of the ENGINEER to act on any Application for Payment within thirty (30)
days after it is submitted.
15-4.1.3 Failure of the OWNER to make any payment determined to be finally due within
thirty (30) days of the due date, after any proceeding under Section 16.0.
GENERAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT GP-35
JULY 2014
15-4.1.4 Nothing in this Section shall relieve the CONTRACTOR from the responsibility to
continue Work during the resolution of disputes between the OWNER and the
CONTRACTOR.
SECTION 16.0
DISPUTES
Notwithstanding any of the foregoing Sections, Paragraphs, or agreements, the CONTRACTOR shall have the
unrestricted right to litigate, in any court of competent jurisdiction, any disputes, disagreements, OWNER or
ENGINEER decisions, questions, or other matters arising under this Contract.
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-TOC
JULY 2014
TABLE OF CONTENTS
2013 Flood Damage Repair Project
PART 3 – SPECIAL PROVISIONS
Section Title Page
01011-1 LOCATION AND SCOPE OF W ORK .............................................................................................. 1
01011-2 PROJECT NUMBERING AND NAMING .......................................................................................... 1
01011-3 DISADVANTAGE BUSINESS ENTERPRISE (DBE) PARTICIPATION ................................................. 2
01011-4 ON-THE-JOB TRAINING GOAL ................................................................................................... 2
01011-5 CDOT FORMS TO BE COMPLETED WITH BID ............................................................................. 2
01011-6 EARLY COMPLETION INCENTIVE ................................................................................................ 2
01011-7 ASSISTANCE FOR STATE & FEDERALLY FUNDED PROJECTS ....................................................... 2
01011-8 BID SCHEDULES ....................................................................................................................... 2
01011-9 CONSTRUCTION SEQUENCING .................................................................................................. 2
01011-10 SPECIFICATIONS ...................................................................................................................... 2
01011-11 SPECIAL EVENTS ...................................................................................................................... 3
01011-12 W ORKING HOURS .................................................................................................................... 4
01011-13 AVAILABLE LANDS FOR CONSTRUCTION .................................................................................... 4
01011-14 PERMITS .................................................................................................................................. 4
01011-15 PROTECTION OF PROPERTY ..................................................................................................... 4
01011-16 PRE-CONSTRUCTION VIDEO ..................................................................................................... 5
01011-17 JOB-SITE PROGRESS MEETINGS ............................................................................................... 5
01011-18 GEOTECHNICAL INFORMATION .................................................................................................. 5
01011-19 FURNISHED PRODUCT DELIVERY, STORAGE AND HANDLING ...................................................... 5
01011-20 CONSTRUCTION SCHEDULE ...................................................................................................... 5
01011-21 CONFLICTS .............................................................................................................................. 6
01011-22 APPLICATION FOR PAYMENT AND LIEN RELEASES ...................................................................... 6
01011-23 CONSTRUCTION SPECIFICATIONS.............................................................................................. 6
01011-24 CONSTRUCTION OBSERVATION ................................................................................................. 6
01011-25 TRAFFIC CONTROL ................................................................................................................... 6
01011-26 SOILS INVESTIGATION, MATERIAL TESTING AND INSPECTION ....................................................... 7
01011-27 TESTING REQUIREMENTS ......................................................................................................... 7
01011-28 ELECTRIC POWER .................................................................................................................... 7
01011-29 UTILITIES ................................................................................................................................. 7
01011-30 UTILITY COMPANY COORDINATION TABLE ................................................................................. 8
01011-31 SALES TAX .............................................................................................................................. 9
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-TOC
JULY 2014
01011-32 NIGHT W ORK AND HOLIDAYS .................................................................................................... 9
01011-33 W EATHER CONDITIONS/W ORK IN FREEZING WEATHER ............................................................. 9
01011-34 W ORK BY OTHERS ................................................................................................................... 9
01011-35 ADJUSTMENT OF MANHOLE RIMS AND VALVE BOXES ................................................................. 9
01011-36 CONSTRUCTION W ATER ........................................................................................................... 9
01011-37 PRE-CONSTRUCTION CONFERENCE.......................................................................................... 9
01011-38 DEFICIENT WORK................................................................................................................... 10
01011-39 SALVAGED MATERIAL ............................................................................................................. 10
01011-40 SUBMITTALS .......................................................................................................................... 10
01011-41 DEWATERING ......................................................................................................................... 10
01011-42 FINAL ACCEPTANCE ................................................................................................................ 10
01011-43 CONSTRUCTION OBSERVATION & ENGINEERING REQUIRED DURING WARRANTY PERIOD ......... 10
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-1
JUNE 2014
SPECIAL PROVISIONS
SECTION 01011
01011-1 LOCATION AND SCOPE OF WORK
01011-1.1 LOCATION
This project is located in the Town of Estes Park, Larimer County, Colorado.
01011-1.2 SCOPE OF WORK
The project consists of repairs and replacements for 22 projects in the Estes Park area. Please see
vicinity map of project locations, on the construction plans. Major work items include;
roadway replacements, retaining walls, repairs to asphalt, concrete, guardrails, swales, embankments,
and slope stabilization. The work to be performed under this Contract consists of furnishing all
materials, equipment, accessories, appurtenances and labor necessary to complete the installation of
the work listed below as specified herein, and as shown on the Construction Drawings:
“2013 Flood Damage Repair Project” – Dated July 2014
01011-2 PROJECT NUMBERING AND NAMING
This project consists of 22 separate projects; following are the RGA Job Number, Project Number and Project
Name:
RGA JOB NUMBER PROJECT NUMBER PROJECT NAME
0951.0102 ESTPK05 – Site 02 Brook Court
0951.0103 ESTPK05 – Site 03 Brook Drive Patch
0951.0104 ESTPK06 – Site 01 Fall River Court Bridge
0951.0105 ESTPK06 – Site 02 Fall River Drive (uphill)
0951.0106 ESTPK06 – Site 03 Fall River Drive (downhill)
0951.0107 ESTPK06 – Site 04 Fall River Drive
0951.0108 ESTPK06 – Site 05 Pedestrian Trail off Fall River Road
0951.0109 ESTPK06 – Site 06 Pedestrian Bridge off West Elkhorn Avenue
0951.0110 ESTPK06 – Site 07 Spruce Drive Bridge
0951.0111 ESTPK06 – Site 08 Cherokee Road
0951.0113 ESTPK06 – Site 11 Heinz Parkway
0951.0114 ESTPK06 – Site 12 Grey Fox Drive (south)
0951.0115 ESTPK06 – Site 13 Grey Fox Drive (east)
0951.0116 ESTPK06 – Site 14 Lexington Lane
0951.0117 ESTPK06 – Site 15 Grand Estates
0951.0119 ESTPK07 – Site 02 Carriage Hill #1 Detention (west)
0951.0120 ESTPK15 – Site 01 Old Ranger Drive
0951.0121 ESTPK15 – Site 02 Steele Court Rip-Rap
0951.0122 ESTPK15 – Site 03 Aspen Avenue Spring
0951.0123 ESTPK15 – Site 04 Moraine Avenue Drainage Ditch
0951.0125 ESTPK16 – Site 01 Riverside Park
0951.0128 M 405-018 PR (20074) Community Drive
Projects with RGA job numbers 0951.0101 thru 0951.0125 are FEMA/OWNER funded projects.
The project with RGA job number 0951.0128, M405-018 PR (20074), is a FHWA/CDOT/OWNER funded
project.
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-2
JUNE 2014
As per Federal and State requirements, all projects will be tracked separately by RGA job number, project
number, and project name (i.e. 0951.0102, ESTPK05 – Site 02, Brook Court).
01011-3 DISADVANTAGE BUSINESS ENTERPRISE (DBE) PARTICIPATION
The DBE participation percentage for this project is 5.0%.
01011-4 ON-THE-JOB TRAINING GOAL
0 (Zero) Hours
01011-5 CDOT FORMS TO BE COMPLETED WITH BID
See Part 4 – CDOT Forms to be filled out completely and included with bid for project no. M 405-018 PR
(20074).
01011-6 EARLY COMPLETION INCENTIVE
Should the CONTRACTOR complete the project prior to the completion date he/she will be awarded $500
for each day of early completion. The maximum total award allowed will be $20,000.
01011-7 ASSISTANCE FOR STATE & FEDERALLY FUNDED PROJECTS
RG & Associates, LLC is available to provide assistance to the CONTRACTOR with completion of required
forms through the duration of the project.
01011-8 BID SCHEDULES
The total bid will be determined as the sum of the products of the estimated quantity of each item and the unit
price bid and the lump sum prices listed on the Bid Schedule. The final Contract Price will be subject to
adjustment according to the final measured, used, or delivered quantities, and the unit prices in the Bid will
apply to such final quantities, except that unit prices will be subject to change by Change Order if quantities
vary by a significant amount (See General Provisions).
01011-9 CONSTRUCTION SEQUENCING
It is requested that the contractor perform all the paving projects first.
01011-10 SPECIFICATIONS
All work, labor, materials, workmanship, removal, replacement, and installation, testing, project administration
and documentation shall comply with the latest version and/or revisions of all applicable CDOT/FHWA/FEMA
requirements and forms including, but not limited to;
- CDOT Local Agency Manual
- CDOT Construction Manual
- CDOT Field Materials Manual
- CDOT Standard Specifications for Road and Bridge Construction
- Title VI Handbook Nondiscrimination in the Federal Aid Highway Program
- CDOT Local Agency Manual Appendix F – Finals Documentation
Please review the above and note the following;
- Control of Material, Section 106 - CDOT Construction Manual
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-3
JUNE 2014
- Legal Relation and Responsibility to the Public, Section 107 - CDOT Construction Manual
See Part 4 CDOT & FHWA Forms, Documents, and Requirements;
- CDOT Form 1243 - Local Agency Contract Administration Checklist
- Special Notice to Contractors - CDOT Field Materials Manual
- Title VI
- FHWA 1273
Any conflicts, inconsistencies or ambiguities between the Contract Documents, Construction Drawings, and
the above-mentioned Standards, shall be reported to the OWNER’s representative and shall be promptly
resolved by the OWNER or ENGINEER in writing. Any work done by the CONTRACTOR after his discovery of
such conflicts, inconsistencies, or ambiguities, prior to resolution by the OWNER will be at the
CONTRACTOR’S risk.
01011-11 SPECIAL EVENTS
Following is list of special events, locations, dates, and associated website. The contractor shall ensure
that access to the fairgrounds is maintained at all times and that during the weekends all project sites are
cleaned and left in a safe manner. Weekly progress meeting will include coordination with Estes Park
Public Works Director and the Fairgrounds Manager to discuss events and construction activities.
EVENT LOCATION DATE WEBSITE
Hunter Jumper Festival I Fairgrounds July 23-27 www.visitestespark.com
Hunter Jumper Festival II Fairgrounds July 30-August 3 www.visitestespark.com
Paint Horse Show Fairgrounds August 8-10 www.visitestespark.com
Dressage Fairgrounds August 16-17 www.visitestespark.com
Heritage Festival Fairgrounds August 23-24 www.visitestespark.com
Sr. Pro Charity Rodeo Fairgrounds August 30-31 www.visitestespark.com
Alpaca Market Fairgrounds August 30-31 www.visitestespark.com
Labor Day Art and Craft Festival Bond Park August 30- Sept. 1 www.visitestespark.com
Rocky Mountain Chuck Wagon
Cook-Off Fairgrounds August 30 Rocky Mountain Chuck Wagon
Cook-Off Home Page
Scottish Festival Fairgrounds Sept. 4-7 www.visitestespark.com
Scottish Festival Parade Downtown
Estes Park Sept. 6 www.visitestespark.com
Fine Arts Guild Art Show Bond Park Sept. 13-14 www.visitestespark.com
Autumn Gold Bond Park Sept. 20-21 www.visitestespark.com
**Elk Fest Bond Park October 4-5 Elk Fest Home Page
Flood Mud Volleyball Tournament Fairgrounds October 11 www.epfloodmud.com
Surprise Sale Downtown
Estes Park October 11-12 www.visitestespark.com
Fall Back Beer Festival Event Center Nov. 1 www.visitestespark.com
**Tree Lighting Ceremony Riverside Plaza Nov. 22 Tree Lighting Ceremony Home
Page
**Catch the Glow Parade Downtown
Estes Park Nov. 28 Catch the Glow Home Page
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-4
JUNE 2014
01011-12 WORKING HOURS
The CONTRACTOR shall construct the project during the hours of 7:00 a.m. to 6:00 p.m., on Mondays
through Friday. Any work outside the above-listed hours will need to be approved by the ONWER.
01011-13 AVAILABLE LANDS FOR CONSTRUCTION
The staging area may be located at the Town Fairgrounds. More information will be provided at the Pre-
Construction meeting. It will be the responsibility of the CONTRACTOR to secure the area to prevent loss of
equipment and materials. Any replacement of said property should be the responsibility of the CONTRACTOR
at no additional cost to the OWNER. Any damage of the staging area site used by the CONTRACTOR will be
repaired at the cost of the CONTRACTOR.
The CONTRACTOR shall be responsible for disposing of any excess excavated soil, asphalt, concrete and
other material off the job site.
The CONTRACTOR shall use only dedicated roadways, easements, Town-owned property, and right-of-way.
Movement of equipment, material transport, and personnel will be limited to within the boundaries established
above. Construction Easements are currently being finalized and will be provided prior to the Pre-Construction
meeting.
01011-14 PERMITS
The CONTRACTOR will be responsible for obtaining all required permits, Town, State Stormwater Discharge,
Dewatering, Right of Way, etc. There will be no charge for Town permits.
01011-15 PROTECTION OF PROPERTY
The CONTRACTOR shall assume full responsibility and expense for the protection of all public and private
property, roads, curb, gutter, sidewalk, landscaping, pedestrian ramps, cross pans, curb cuts, driveway cuts,
structures, water mains, sewers, utilities, utility appurtenances etc., both above and below ground, at or near
the site or sites of the work, being performed under the contract, or which are in any manner affected by the
prosecution of the work or the transportation of men and materials in connection therewith.
Work will not be performed outside the R.O.W. or easements. Contact ENGINEER to request approval for
working outside of R.O.W. or easements.
It shall be understood that the location of existing utilities shown on the drawings, are based on the best
available information but are not to be construed as exact. During the design phase of the project the existing
utilities were identified from existing plans, some pot holes and visible surface appurtenances. However it is
understood that all existing utilities were not marked and it will be the CONTRACTOR’S sole responsibility to
verify and protect all existing utilities during construction. If additional utilities are discovered during the
construction that are not identified on the plans this will not constitute a Change Order and the CONTRACTOR
shall include all costs for locating, crossing, and protecting all existing utilities for such work in the bid price.
Emergency access shall not be blocked at any time for any reason.
All new concrete must be protected from damage by whatever means possible. The CONTRACTOR assumes
full responsibility for the complete replacement of the damaged or defaced concrete from joint to joint.
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-5
JUNE 2014
01011-16 PRE-CONSTRUCTION VIDEO
The CONTRACTOR shall furnish a continuous color audio/video tape recording of the construction site
location. One copy of this videotape shall be delivered to the OWNER within five (5) consecutive calendar
days of the notice to proceed. Coverage shall include, but not be limited to, all existing roadway, sidewalks,
curb, driveways, buildings, structures, above ground utilities, landscaping, trees, signage and other physical
features located within the construction areas. All taping will be done during daylight hours during acceptable
weather.
Information appearing on the tape must be continuous and run simultaneously. No editing or overlaying of
information at a later date will be allowed. The tape will be used if any disputes or discrepancies occur during
the restoration of the streets, curb, gutter, sidewalk, and the local resident’s driveways and landscaping.
The CONTRACTOR will coordinate and meet with the OWNER Representative to be there for the taping and
to walk the entire site. The site will be visually inspected by both parties to identify existing damaged facilities.
Pre-Construction Video is not a separate Bid Item, and this work will be considered incidental to the Work and
should be included as appropriate in the CONTRACTOR’S bid.
01011-17 JOB-SITE PROGRESS MEETINGS
The CONTRACTOR/OWNER shall conduct periodic job-site meetings at intervals to be determined at the pre-
construction conference, for the purpose of reviewing, scheduling and coordinating project progress, as well as
other matters of general interest to the project. The CONTRACTOR will submit an up-to-date progress chart
each week. Change order requests may be submitted at this time for discussion and review.
01011-18 GEOTECHNICAL INFORMATION
Soils investigations were conducted as a part of the design process for this project. (See Geotechnical
Engineering Study attached to these Documents) Prior to bidding, the CONTRACTOR will perform any
investigation to satisfy himself as to the existing conditions and existing asphalt thicknesses that may be
encountered during construction. No separate measurement or payment will be made for unclassified
excavation regardless of the material encountered and varying pavement thicknesses during construction. If it
is determined that unsuitable material needs to be removed this cost will be considered incidental to the work
being performed by the CONTRACTOR. The CONTRACTOR shall use on site suitable material when
possible, provided it has been tested and approved.
01011-19 FURNISHED PRODUCT DELIVERY, STORAGE AND HANDLING
The CONTRACTOR shall be responsible for delivery of materials, products and equipment to the project site in
undamaged condition. Deliveries shall be arranged in accordance with Construction Schedule and in ample
time to facilitate material and/or equipment check prior to installation to avoid unnecessary delays in the
construction process.
Products shall be stored and handled as prescribed by manufacturer or as specified in the specifications in a
manner to protect from damage by moisture, weather, abuse or construction operations.
01011-20 CONSTRUCTION SCHEDULE
The CONTRACTOR shall submit its Schedule of Work in graphic bar chart form at the preconstruction
conference. This schedule shall be the CONTRACTOR’S working schedule and shall be used to plan,
organize and execute the work; record and report actual performance and progress; and forecast remaining
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-6
JUNE 2014
work. The CONTRACTOR shall be responsible for assuring that all subcontractors and subcontractor work
and acquisition of materials and supplies as well as its own work, are included in the Schedule of Work and
that the schedule represents a coordinated plan of work. The schedule should clearly delineate service
interruptions to allow for proper notice to affected residents during the water outage.
01011-21 CONFLICTS
In the event of a conflict between the requirements of the General Provisions, Technical Specifications and the
Special Provisions of the specifications, the Special Provisions shall control.
01011-22 APPLICATION FOR PAYMENT AND LIEN RELEASES
Pay Estimates will be processed once a month on a date to be established at the Pre-construction
Conference. At this conference, monthly deadline dates for work reviews, submittals, and other procedures
will be established.
Strict adherence to the dates will be necessary. Prior to submittal of a pay estimate the CONTRACTOR shall
meet with the ENGINEER or his representative at the site of the Work to review and agree on the quantities to
be requested on the Pay Estimate. There is no separate payment for materials on site.
Along with each Application for Payment and as a prerequisite for receipt of payment, the CONTRACTOR will
be required to provide an accompanying partial lien release waiver, from himself and each of the
Subcontractors and material suppliers, the form of which is attached at the end of the Contract Section. Each
lien release shall be made out to cover the previous pay period. A final lien release, the form of which is
attached at the end of the Contract Section, will be required within fifteen (15) consecutive calendar days after
final completion of the Project and prior to Final Payment.
01011-23 CONSTRUCTION SPECIFICATIONS
The Specifications, the Plans and the Special Provisions are essential parts of the Contract, and requirements
occurring in one are as binding as though occurring in all. They are intended to be complementary and to
describe and provide for a complete work.
The CONTRACTOR shall not take advantage of any apparent error or omission in the Plans or Specifications.
In the event the CONTRACTOR discovers such an error or omission, he shall immediately notify the
ENGINEER. The ENGINEER will then make such corrections and interpretations as may be deemed
necessary for fulfilling the intent of the Plans or Specifications.
Any item of work called for by either the Plans or Specifications shall be binding as if called for by both. If the
Plans and Specifications are contradictory in any part, the Plans shall govern.
01011-24 CONSTRUCTION OBSERVATION
01011-24.1 GENERAL
The ENGINEER shall decide any and all questions which may arise as to the quality and acceptability
of the materials furnished, the work performed, the manner of performance and the rate of progress of
the work. He shall decide all questions which may arise as to the interpretation of the Drawings and
Specifications, all questions as to the acceptable fulfillment of the Contract and all disputes and mutual
rights by the Contractors, if there be more than one CONTRACTOR on the Project. The decision of
the ENGINEER shall be final, and he shall have authority to make effective such decisions.
01011-25 TRAFFIC CONTROL
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-7
JUNE 2014
Traffic shall be maintained at those locations throughout the project area in order to maintain an efficient and
orderly flow. All traffic control, construction signing, vehicular traffic and residential access, etc., shall be
handled in conformance with the Town, Larimer County, CDOT Standards, and MUTCD.
The CONTRACTOR shall submit a traffic control plan to the OWNER for approval prior to start of construction
and furnish, construct, maintain and finally remove detours, road closures, lights, signs, fences, barricades,
flares, miscellaneous traffic devised, flagmen, drainage facilities, reconstruct paving and such other items and
services as are necessary to adequately safeguard the public, both traveling and otherwise, from hazard and
inconvenience. He shall also erect and maintain such warning and directional signs as may be furnished by
the OWNER. All such work shall be provided in the Specifications herein or as directed by the ENGINEER
and shall conform to the ordinances and regulations of the Town, LARIMER COUNTY and CDOT.
Prior to the start of construction operations, the CONTRACTOR shall notify the Police and Fire Departments
and advise the School Transportation Office, giving the approximate starting date expected, completion date,
and the name and telephone number of the responsible person who may be contacted at any hour in the
event of a critical condition requiring immediate correction. This notification shall also be given to the
ENGINEER.
CONTRACTOR must coordinate with OWNER officials and other contractors to maintain a safe, efficient and
orderly flow of traffic while working on or adjacent to roads which are subject to moderately heavy traffic.
01011-26 SOILS INVESTIGATION, MATERIAL TESTING AND INSPECTION
01011-26.1 INVESTIGATION
Prior to bidding, the CONTRACTOR will perform any investigation to satisfy himself as to the existing
conditions that may be encountered during construction. A Geotechnical Engineering Study was
prepared, by Hepworth-Pawlak Geotechnical, Inc., dated June 26, 2014. (See Part 5)
01011-27 TESTING REQUIREMENTS
Testing requirements will be completed as per the 2011 CDOT Standard Specifications for Road and Bridge
Construction.
01011-28 ELECTRIC POWER
The CONTRACTOR shall provide and pay for all electric power required for construction of the work.
01011-29 UTILITIES
It shall be the responsibility of the CONTRACTOR to contact the appropriate representatives of utility
companies at least forty - eight hours (48) hours prior to the commencement of Work which might affect utility
installations, and to secure from such representatives, information as to accurate location, size and type of
such installation. Any pot holing needed to locate shallow utilities will be incidental to the work be performed.
No extra payment will be made.
All utility companies have been notified of the construction period and all, but XCEL, have agreed to relocate
their facilities prior to or during the construction schedule. The contractor will need to coordinate with XCEL, Pat
Kreager, Design Manager, 970-225-7865 or pat.kreager@xcel.com, following the pre-construction meeting for
relocation of their facilities.
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-8
JUNE 2014
01011-30 UTILITY COMPANY COORDINATION TABLE
Baja Cable Century Link - Phone Estes Park Sanitation District Platter River Power Authority Town of Estes Park - Light & Power Town of Estes Park - Water Upper Thompson Sanitation Distric Xcel Energy - Gas19-22 ESTPK05-Site02 Brook Court - rebuild and pave x
23 ESTPK05-Site03 Brook Drive Patch - pave
24 ESTPK06-Site01 Fall River Court Bridge - clean, embankment, pave and guardrail x
25-26 ESTPK06-Site02 Fall River Drive (uphill) - ditch clean and regrade x
27 ESTPK06-Site03 Fall River Drive (downhill) - clean, embankment, rebuild and pave
28 ESTPK06-Site04 Fall River Drive - tree remove, rip-rap, embankment, rebuild and pave x x
29 ESTPK06-Site05 Pedestrian Trail off Fall River Rd - embankment, boulders, concr. walk x
30 ESTPK06-Site06 Pedestrian Bridge off West Elkhorn Ave - struc fill, concr. wall and walk and rail x x
31 ESTPK06-Site07 Spruce Drive Bridge - struc fill, boulders, concr. walk, curb and gutter and pave
32 ESTPK06-Site08 Cherokee Road - rebuild and pave x
33 ESTPK06-Site11 Heinze Parkway - demo, rebuild and pave
34 ESTPK06-Site12 Grey Fox Drive (south) - rebuild and pave
35 ESTPK06-Site13 Grey Fox Drive (East) - rebuild and pave x
36 ESTPK06-Site14 Lexington Lane - demo, rebuild and pave x x
37 ESTPK06-Site15 Grand Estates - demo, rebuild and pave x
38 ESTPK07-Site02 Carriage Hill #1 Detention (West) - beaver dam removal and embankment
39-40 ESTPK15-Site01 Old Ranger Drive - rebuild, curb, pave and culvert clean x x
41-42 ESTPK15-Site02 Steele Court Rip-Rap - grade ditch, rip-rap and rebuild gravel road x x x
43 ESTPK15-Site03 Aspen Avenue Spring - demo, rebuild and pave x x
44 ESTPK15-Site04 Moraine Avenue Drainage Ditch - grade ditch and rip-rap x
45 ESTPK16-Site01 Riverside Park - flowfill, embankment and rip-rap
Note: x = Contact Utility Company indicated For Information ONLY, Contractor to verify
Coordination Required with Utility Company
Plan
Sheet
No. Project Number Project Site with Brief Work Description
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-9
JUNE 2014
01011-31 SALES TAX
No sales tax shall be paid by the CONTRACTOR, and therefore, bids shall not include sales tax. The
CONTRACTOR shall complete an application for “Certification for Exemption” on behalf of the OWNER and
submit to the State Department of Revenue.
01011-32 NIGHT WORK AND HOLIDAYS
Only with the prior approval of the OWNER shall night work or work on legal holidays requiring the presence of
the ENGINEER be permitted, except for emergencies or as specified elsewhere. Should night work be
permitted or required, the lighting and other facilities which are necessary for performing such work must be
provided by the CONTRACTOR and comply with the applicable safety codes. Any extra costs shall be the
responsibility of the contractor.
01011-33 WEATHER CONDITIONS/WORK IN FREEZING WEATHER
During inclement weather, the CONTRACTOR will, and will cause his subcontractors to protect carefully his
and their work and materials against damage or injury from the weather. If, in the opinion of the ENGINEER,
any work or materials have been damaged or injured by reason of failure on the part of the CONTRACTOR or
any of his subcontractors so to protect his and their work, such materials shall be removed and replaced at the
expense of the CONTRACTOR.
01011-34 WORK BY OTHERS
The Town Special Districts or other parties will be performing ongoing repairs due to the 2013 flooding and
may be working in the Project Areas during this Contract. These may be as specifically listed hereafter or if not
so listed, shall be determined by the CONTRACTOR.
01011-35 ADJUSTMENT OF MANHOLE RIMS AND VALVE BOXES
The CONTRACTOR shall set all manhole rims and valve boxes to finish grade in accordance with the
OWNER, Estes Park Sanitation District, and Upper Thompson Sanitation District Standards. No extra payment
will be made.
01011-36 CONSTRUCTION WATER
The CONTRACTOR can obtain construction water from the water dispenser only, located on 4th street west of
the Fairgrounds. The CONTRACTOR will be required to get a code from Utility Billing located at Town Hall 970-
577-3367 to operate the dispenser. The CONTRACTOR will be charged the current rate of $7.80 per
thousand gallons.
01011-37 PRE-CONSTRUCTION CONFERENCE
Before the CONTRACTOR starts work at the site, a pre-construction conference will be held to discuss
administrative procedures and other items to promote orderly and timely prosecution of the Work. The
CONTRACTOR shall be prepared to discuss and/or submit as applicable the following:
a. Practicable progress chart or critical path chart.
b. Proposed methods of operation with a sequence of construction phasing.
c. Preliminary schedule of shop drawing and product data submission.
d. Material delivery schedules.
e. Soils testing laboratory for approval.
SPECIAL PROVISIONS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT SP-10
JUNE 2014
f. Subcontractor names and amount of work intended.
g. Names of CONTRACTOR supervision to work on the Project.
h. Any other items to help establish a working understanding among the parties.
All CONTRACTOR personnel who will be directly responsible for the work should be in attendance at the
conference.
01011-38 DEFICIENT WORK
Extra construction management, construction observation, overtime observation, re-observation or
observations due to deficient work and all inspection and survey time spent beyond the construction
completion date will be backcharged on a monthly basis and deducted from each CONTRACTOR’S monthly
pay estimate.
01011-39 SALVAGED MATERIAL
All useable salvaged material shall remain the property of the OWNER including asphalt millings. Please
coordinate with the OWNER representative on disposition of removed materials.
01011-40 SUBMITTALS
The CONTRACTOR will provide four (4) sets of hard copies and 1 PDF submittals for review, electronic
submittals are acceptable.
01011-41 DEWATERING
Any dewatering required will be incidental to the work being performed. No extra payment will be made.
01011-42 FINAL ACCEPTANCE
The CONTRACTOR shall contact the OWNER and the ENGINEER for final observation and Final Acceptance
one month prior to the expiration the Warranty/Probationary Period. The Performance Bond will not expire until
all governing authorities have granted Final Acceptance. All pertinent documents will be provided to the
ENGINEER prior to the final acceptance.
01011-43 CONSTRUCTION OBSERVATION & ENGINEERING REQUIRED DURING WARRANTY
PERIOD
Between initial and final acceptance, any observation or engineering performed by the OWNER or the
ENGINEER for warranty issues, faulty materials or construction, etc shall be billed to the CONTRACTOR. The
amount of observation necessary during this period shall be determined by the ENGINEER.
CDOT & FHWA FORMS, DOCUMENTS, AND REQUIREMENTS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT FDR-TOC
JULY 2014
TABLE OF CONTENTS
2013 Flood Damage Repair Project
PART 4 – CDOT & FHWA Forms, Documents, and Requirements
Section Title Page
1.0 CDOT FORMS TO BE COMPLETED WITH BID................................................................1
2.0 DOCUMENTS, AND REQUIREMENTS: ..........................................................................16
February 3, 2011
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
NOTICE
This is a standard special provision that revises or modifies CDOT's Standard
Specifications for Road and Bridge Construction. It has gone through a formal review
and approval process and has been issued by CDOT's Project Development Branch with
formal instructions for its use on CDOT construction projects. It is to be used as written
without change. Do not use modified versions of this special provision on CDOT
construction projects, and do not use this special provision on CDOT projects in a
manner other than that specified in the instructions unless such use is first approved by
the Standards and Specifications Unit of the Project Development Branch. The
instructions for use on CDOT construction projects appear below.
Other agencies which use the Standard Specifications for Road and Bridge Construction
to administer construction projects may use this special provision as appropriate and at
their own risk.
INSTRUCTIONS FOR USE ON CDOT CONSTRUCTION PROJECTS:
Use this standard special provision on all projects.
The Contractor shall indicate on Form 85, which is part of their proposal,
whether they are accepting or rejecting the Fuel Cost Adjustment on each
project.
The designer should add a Planned Force Account called F/A Fuel Cost
Adjustment, Pay Item 700-70016 to the plans and project special provisions to
account for the possibility that the awarded bidder will accept this adjustment.
The amount of this Force Account should be 0.5 to 1.0 percent of the contract
amount.
If the amount of actual Fuel Cost Adjustments exceeds the funding allotted in
the Planned Force Account, the remainder of the adjustments should be made
using funding from Minor Contract Revisions (MCRs), or by adding funding to
the project.
February 3, 2011
1
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
Section 109 of the Standard Specifications is hereby revised for this project as follows:
Subsection 109.06 shall include the following:
(h) Fuel Cost Adjustments. Contract cost adjustments will be made to reflect increases or decreases in the
monthly average prices of gasoline, diesel and other fuels from the average price for the month preceding the
month in which bids were received for the Contract. These cost adjustments are not changes to the Contract
unit prices bid. When bidding, the Contractor shall specify on the Form 85 whether the cost adjustment will
apply to the Contract. After bids are submitted, the Contractor will not be given any other opportunity to
accept or reject this adjustment. If the Contractor fails to indicate a choice on the Form 85, the cost
adjustment will not apply to the Contract. If the fuel cost adjustment is accepted by the Contractor, the
adjustment will be made in accordance with the following criteria:
1. Cost adjustments will be based on the fuel price index established by the Department and calculated as
shown in subsection 109.06(h)2.D below. The index will be the monthly average of the rates posted by
the Oil Price Information Service (OPIS) for Denver No. 2 Diesel. The rate used will be the OPIS Average
taken from the OPIS Standard Rack table for Ultra-Low Sulfur w/Lubricity Gross Prices (ULS column),
expressed in dollars per gallon and rounded to two decimal places.
2. Cost adjustments will be made on a monthly basis subject to the following conditions:
A. Adjustment will be based on the pay quantities on the monthly partial pay estimate for each of the pay
items listed in the table below for which fuel factors have been established. Adjustment will be made
only when the pay item is measured by the pay unit specified in the table:
Item Pay Unit Fuel Factor (FF)
202-Removal of Asphalt Mat (Planing) Square Yard 0.006 Gal/SY/Inch depth
203-Excavation (muck, unclassified) Embankment,
Borrow
Cubic Yard 0.29 Gal/CY
203-Rock Excavation Cubic Yard 0.39 Gal/CY
206-Structure Excavation and Backfill [applies only
to quantities paid for by separate bid item; no
adjustment will be made for pay items that include
structure excavation & backfill, such as RCP(CIP)]
Cubic Yard 0.29 Gal/CY
304-Aggregate Base Course (Class___) Cubic Yard 0.85 Gal/CY
304-Aggregate Base Course (Class___) Ton 0.47 Gal./Ton
307-Processing Lime Treated Subgrade Square Yard 0.12 Gal/SY
310-Full Depth Reclamation Square Yard 0.06 Gal/SY
403-Hot Mix Asphalt (HMA) (Grading __) * Ton 2.47 Gal/Ton
403-Stone Matrix Asphalt (Grading __) Ton 2.47 Gal/Ton
405-Heating and Scarifying Treatment Square Yard 0.44 Gal/SY
405-Heating and Repaving Treatment Square Yard 0.44 Gal/SY
405-Heating and Remixing Treatment Square Yard 0.44 Gal/SY
406-Cold Bituminous Pavement (Recycle) Square Yard 0.01 Gal/SY/Inch depth
412- Concrete Pavement (___Inch) Square Yard 0.03 Gal/SY/Inch thickness
412-Place Concrete Pavement** Square Yard 0.03 Gal/SY/Inch thickness
*Hot Mix Asphalt (Patching) is not subject to fuel cost adjustment.
**Use the thickness shown on the plans.
February 3, 2011
2
REVISION OF SECTION 109
FUEL COST ADJUSTMENT
B. A fuel cost adjustment will be made only when the current fuel price index varies by more than 5
percent from the price index at the time of bid, and only for that portion of the variance in excess of 5
percent. Fuel cost adjustments may be either positive or negative dollar amounts.
C. Fuel cost adjustments will not be made for any partial estimate falling wholly after the expiration of
contract time.
D. Adjustment formula:
EP greater than BP:
FA = (EP – 1.05 BP)(Q)(FF)
EP less than BP:
FA = (EP – 0.95 BP)(Q)(FF)
Where:
BP = Average fuel price index for the calendar month prior to the calendar month in which bids
are opened
EP = Average fuel price index for the calendar month prior to the calendar month in which the
partial estimate pay period ends
FA = Adjustment for fuel costs in dollars
FF = Fuel usage factor for the pay item
Q = Pay quantity for the pay item on the monthly partial pay estimate
Note: When the pay item is based on area, and the rate of fuel use varies with thickness, Q
should be determined by multiplying the area by the thickness. For example: for 1000
square yards of 8-inch concrete pavement Q should be 8000.
Example: Bids are opened on July 16. The BP will be the average of the daily postings for June 1
through June 30. For an estimate cut-off date selected by the Contractor at the Pre-
Construction Conference of the 20th of the month a February estimate will include HMA
quantities (Q) measured from the 21st of January through the 20th of February, the FF will
be 2.47 Gal/Ton, and the EP index used to calculate FA will be the average of the daily
postings for January 1 through January 31 as established by CDOT.
E. Fuel cost adjustment will not be made for the quantity of any item that is left in place at no pay.
F. Fuel cost adjustments will not be made to items of work added to the Contract by Change Order after
the award of the Contract.
The fuel cost adjustment will be the sum of the individual adjustments for each of the pay items shown. No
adjustment will be made for fuel costs on items other than those shown. The factors shown are aggregate
adjustments for all types of fuels used, including but not limited to gasoline, diesel, propane, and burner fuel.
No additional adjustments will be made for any other type of fuel.
Fuel cost adjustments resulting in an increased payment to the Contractor will be paid for under the planned
force account item: Fuel Cost Adjustment. Fuel cost adjustments resulting in a decreased payment to the
Contractor will be deducted from monies owed the Contractor.
CDOT & FHWA FORMS, DOCUMENTS, AND REQUIREMENTS
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT FDR-16
JULY 2014
CDOT & FHWA Forms, Documents, and Requirements
SECTION 2.0
DOCUMENTS, AND REQUIREMENTS:
CDOT Form 1243 – Local Agency Contract Administration Checklist (4 Pages)
Special Notice to Contractors (16 Pages)
Title VI (4 Pages)
FHWA Form 1273 – Required Contract Provisions Federal-Aid Construction Contracts
(12 Pages)
Special Notice to Contractors
Page 1
Special Notice to Contractors - 14
1. SCOPE
1.1 It is the intent of this chapter to provide
guidelines to the Contractor or Sub-Contractor,
so that they can properly present their materials
for inclusion in the construction project.
1.2 The Contractor shall follow the
procedures listed below to ensure the proper
inspection, sampling, testing, and certification of
materials and products incorporated into all
construction projects.
1.3 “Prequalification of Bidders” (Standard
Specifications, Subsection 102.01) is
synonymous with any reference to the CDOT
“Pre-Qual List”. A Prime Contractor requiring
additional information regarding bidding can go
to http://www.dot.state.co.us/Bidding/index.htm.
1.4 The Qualified Manufacturers List (QML)
is used for suppliers of Steel Reinforcing Bars &
Steel Dowel Bars, Epoxy-Coated Steel
Reinforcing Bars & Epoxy-Coated Steel Dowel
Bars, and Precast Concrete Structures. These
products are required to be selected off the
QML. All relevant details for the proper
submittal of specified Standard Manufactured
Materials and Fabricated Structural Materials
are found in CDOT’s Field Materials Manual
under CP 11, Quality Management Plans for the
Qualified Manufacturers List or the Approved
Products List.
2. PROVIDE NOTIFICATION OF MATERIALS
SOURCES AND SUPPLIERS
2.1 In accordance with Subsection 106.01
of the Standard Specifications: The Contractor
shall submit a formal list of material sources and
suppliers to the Engineer at least two weeks
prior to delivery; however, it is preferable that
the list be presented at the Pre-Construction
Meeting. The Department will sample and test
materials proposed by the Contractor to be
utilized for Items 203, 206, and 304. If the
Department test results indicate the material is
not in conformance with the project
specifications, the Contractor is directed to
Subsection 106.02 regarding Contractor Source
materials and additional testing requirements.
2.2 The list shall include: item to be
supplied, quantity, a reference to the level of
acceptance required by CDOT (per Section 7,
Designated Products and Assemblies), company
name and address supplying the material, and
contact person (if the material is to be pre-
inspected or if a problem exists with the material
delivered). The submitted list shall indicate,
immediately after the item being supplied, the
applicable acceptance level required:
(A) Pre-Inspection (PI)
(B) Certified Test Report (CTR)
(C) Certificate of Compliance (COC)
(D) Pre-Approved (per APL)
2.3 All required product or material
documentation shall be provided at the point and
time of delivery to the construction project.
Failure to provide the required documents, such
as CTRs and COCs, may result in rejection of
the materials. Failure to utilize the QML or APL
may result in rejection of the materials.
3. INNOVATIVE CONTRACTING (DESIGN /
BUILD PROJECTS, CMCG PROJECTS,
ETC.) - MATERIALS DOCUMENTATION
RECORD, CDOT FORM #250
3.1 Two weeks before construction of any
element of work the Contractor shall furnish the
Engineer a schedule of items, approximate
quantities to be incorporated into the project,
and a reference to the method of acceptance
required by CDOT (per Section 7, Designated
Products and Assemblies). This information is
to include the item of work with its placement
location and dates. The Contractor shall
immediately notify the Engineer, in writing, if the
items of work or quantities are revised.
3.2 At the completion of the project, the
Contractor shall furnish the Engineer with a
completed CDOT Form #250 - Materials
Documentation Record listing items utilized to
construct the project and the approximate
quantity of each item.
4. BUY AMERICA REQUIREMENTS
4.1 In accordance with Subsection 106.11
of the Standard Specifications as referenced in
23 CFR Part 635.410:
Special Notice to Contractors
Page 2
4.1.A Regulations require the use of domestic
steel and iron in Federally funded construction
projects. Buy America applies to construction
components which are “predominately steel
products,” defined by the FHWA as products
which are manufactured with at least 90% steel
or iron content when delivered to the job site for
installation. (See “C” below for examples.)
FHWA provides waivers for manufactured
products and products that are not
predominately steel or iron. (See “D” below for
examples.) Buy American strictly limits, but
does not eliminate, the amount of foreign steel.
(See “E” for minimum use & waiver information.)
4.1.B All manufacturing processes are defined
as “processes required to change the raw ore or
scrap metal into the finished, in-place steel or
iron product”. Manufacturing begins with the
initial melting and mixing, and continues through
the coating stage. Any process which modifies
the chemical content, the physical size or shape,
or the final finish is considered a manufacturing
process.
4.1.C Examples of products that are subject to
Buy America requirements include, but are not
limited to, the following:
• steel or iron products used in
pavements, bridges, tunnels or other
structures, which include, but are not
limited to, the following: fabricated
structural steel, reinforcing steel, piling,
high strength bolts, anchor bolts, dowel
bars, permanently incorporated sheet
piling, bridge bearings, cable
wire/strand, pre-stressing / post-
tensioning wire, motor/machinery brakes
and other equipment for moveable
structures;
• guardrail, guardrail posts, end sections,
terminals, cable guardrail;
• steel fencing material, fence posts;
• steel or iron pipe, conduit, grates,
manhole covers, risers;
• mast arms, poles, standards, trusses, or
supporting structural members for signs,
luminaires, or traffic control systems;
and
• steel or iron components of precast
concrete products, such as reinforcing
steel, wire mesh and pre-stressing or
post-tensioning strands or cables.
4.1.D Examples of products which are exempt
from Buy America requirements include, but are
not limited to, the following:
• products made of material other than
steel or iron (aluminum, copper, brass,
nickel, etc.);
• cabinets, covers, shelves;
• clamps, fittings, sleeves;
• washers, bolts, nuts, screws;
• tie wire, spacers;
• chairs;
• lifting hooks;
• faucets; and
• door hinges.
4.1.E Buy America will not prevent a minimal
use of foreign steel or iron provided the total
project delivery cost of all such steel and iron
which includes the cost of delivering the steel
and iron to the project, does not exceed one-
tenth of one percent of the total contract cost or
$2,500, whichever is greater. With prior
concurrence from FHWA Headquarters, the
FHWA Division Administrator may grant a
waiver of the Buy America requirements for
specific projects. When domestic steel products
are available, meeting the contractor’s schedule
should not be the basis for requesting a Buy
America waiver.
4.1.F The Contractor shall maintain on file the
certifications that every process, including the
application of a coating, performed on steel or
iron products either has or has not been carried
out in the United Stated of America. These
certifications shall create a chain of custody, and
the lack of these certifications will be justification
for rejection of the steel or iron product.
4.1.G Prior to the permanent incorporation into
the project of the steel or iron products, the
Contractor shall certify in writing that the
documentation is on file and the steel or iron
products are in compliance with this
requirement. (An example of what is required
on a Certificate of Contractor’s Compliance to
Buy America Clause is on page 12 of this
chapter. An original signature is required on the
Certificate for the Project Files copy.)
NOTE 1: Section 106.8 of the CDOT
Construction Manual contains specific
information on Buy America Requirements. For
more information see Construction Bulletin
2010-4.
Special Notice to Contractors
Page 3
5. GLASS BEADS for PAVEMENT MARKING
5.1 The material shall meet the
requirements of Standard Specifications
Subsection 106.11, Section 627, and Subsection
713.08.
6. QUALITY MANAGEMENT PLANS FOR
THE QUALIFIED MANUFACTURERS LIST
OR THE APPROVED PRODUCTS LIST
6.1 CP 11 specifies requirements and
procedures for a certification system that shall
be applicable to all referenced manufacturers,
as well as suppliers and contractors within
certain industries. Certifying a Manufacturer’s
Quality Management Plan is not an automatic
acceptance of any particular product, but an
acknowledgement that the Manufacturer has
taken steps to ensure that their quality controls
meet the applicable Industry standards.
Manufacturers whose Quality Management
Plans are acceptable will be placed on the
Qualified Manufacturers List (QML). Only
Manufacturers listed on the QML will be eligible
to provide the referenced products to a CDOT
project.
6.2 The following Standard Manufactured
Materials as referenced in CP 11 require an
annual submission of a Quality Management
Plan along with a sample for evaluation.
• Part I, Standard Manufactured Materials
Sub-Part 1. Asphalt Binder
Sub-Part 2. Asphalt Emulsion
Sub-Part 3. Hydraulic Cement
Sub-Part 4. Fly Ash
Sub-Part 5. Hydrated Lime
These products are located on the APL.
6.3 The following Fabricated Structural
Materials as referenced in CP 11 require an
annual submission of a Quality Management
Plan.
• Part II, Fabricated Structural Materials
Sub-Part 1. Steel Reinforcing Bars
& Steel Dowel Bars
Sub-Part 2. Epoxy-Coated Steel
Reinforcing Bars &
Epoxy-Coated Steel
Dowel Bars
Sub-Part 3. Precast Conc. Structures
The QML is located within CDOT’s Approved
Products List (APL) web site, at
www.coloradodot.info/business/APL .
6.4 The respective QML web site pages are
updated regularly. All pages will have at least
one revision referencing acceptability for the
new calendar year.
7. DESIGNATED PRODUCTS AND
ASSEMBLIES
7.1 The majority of materials submitted for
inclusion on CDOT projects will fall within one of
four methods of product acceptance for their
sampling and testing. CDOT always retains the
right through its Quality Assurance (QA)
Program to obtain samples for additional testing
and require supplemental documentation.
7.2 If the material or product is not
referenced within the four methods of product
acceptance then the materials or products must
be fabricated or supplied in accordance with the
requirements of the applicable Colorado
Department of Transportation specifications,
plans, and standards. An example of processed
materials not found in the following four methods
are Aggregate Base Course (ABC), Hot Mix
Asphalt (HMA), and Concrete (PCCP). An
example of a manufactured product treated
uniquely is the Dynamic Message Signs (DMS)
which are completively bid on projects or
through state awards.
7.3.a. PRE-INSPECTION (PI):
Pre-Inspection is when representatives
from the Colorado Department of Transportation
visit a manufacturer’s facility to perform an initial
review of the company’s quality control plan and
employee certifications, as well as subsequent
inspection visitations during the manufacturing
of the product. Inspection arrangements should
be made by contacting the CDOT Staff Bridge
Fabrication Inspectors at (303) 757-9193 a
minimum of 10 days prior to the beginning of
fabrication. Failure to give notification may
result in delays to the project and/or rejection of
materials or products.
NOTE 2: Bearing Devices and Expansion
Devices are inspected randomly at the discretion
of the Staff Bridge Fabrication Inspectors.
Special Notice to Contractors
Page 4
Products needing Pre-Inspection:
Bearing Devices (Type III) - BridgeA
Expansion Device, Modular - BridgeA
(0-6", through, 0-24")
Prestressed Concrete Units - BridgeA
Structural Steel - BridgeA
CDOT Form #193 is to be provided with the
above referenced products.
7.3.b. CERTIFIED TEST REPORT (CTR):
The Certified Test Report method of
acceptance is when a manufacturer is required
to submit the actual test results performed on
the material being provided. A CTR shall
contain the actual results of tests for the
chemical analysis, heat treatment, and/or
mechanical properties per the drawing and/or
specification. The contract will designate
products and assemblies that can be
incorporated in the work, if accompanied by
Certified Test Reports. The word preceding the
“Test Report” may vary between different
industries, such as Certified, Mill, Metallurgical,
Laboratory; however, they are all considered
equivalent.
In accordance with Subsection 106.13
of the Standard Specifications and the
requirements of this document, each CTR shall
include:
1) Department’s project number,
2) Manufacturer’s name,
3) Address of manufacturing facility,
4) Laboratory name & address,
5) Name of product or assembly,
6) Complete description of the material,
7) Model, catalog, stock no. (if applicable),
8) Lot, heat, or batch number identifying
the material delivered,
9) Date(s) of the laboratory testing,
10) All test results that are required so as to
verify that the material furnished
conforms to all applicable Department
specifications. Test results shall be from
tests conducted on samples taken from
the same lot, heat, or batch.
11) The following certification, signed by a
person having legal authority to act for
the Contractor: [Example on page 6]
The Certified Test Report shall be a
legible copy or an original document and shall
include the Contractor’s original signature. The
signature (including corporate title) on the
Certified Test Report, under penalty of perjury,
shall be of a person having legal authority to act
for the manufacturer or the independent testing
laboratory. It shall state that the test results
show that the product or assembly to be
incorporated into the project has been sampled
and passed all specified tests in conformity to
the plans and specifications for this project. One
legible copy or original document of the fully
signed Certified Test Report shall be furnished
to the Engineer prior to installation of the
material. Failure to comply may result in delays
to the project and/or rejection of the materials.
Each product or assembly delivered to
the project must contain the lot, heat, or batch
number identical to that on the accompanying
Certified Test Report. Products or assemblies
furnished on the basis of Certified Test Reports
may be sampled and tested by the Department
and if determined that the material does not
meet the applicable specifications, the material
will be rejected or accepted according to
Subsection 105.03.
An example of what is required on a
CTR is on page 13 of this chapter.
Products requiring Certified Test Report
(below is an incomplete list):
Bearing Devices (Type III) - BridgeA
Cribbing
Mechanical Fasteners (Field) A
Glass Beads (for pavement marking)
Overhead Sign Structures A
Top Soil
Traffic Signal Structures A
Welded Wire Reinforcement
7.3.c. CERTIFICATE OF COMPLIANCE (COC):
The Certificate of Compliance method of
acceptance is when a manufacturer is required
to submit a document certifying that the material
being provided meets all required Department
specifications. A COC shall reference the
required specifications for the chemical analysis,
heat treatment, and/or mechanical properties
per the drawing and/or specification, but not the
actual test results. The contract will designate
products and assemblies that can be
incorporated in the work, if accompanied by
Certificates of Compliance.
Special Notice to Contractors
Page 5
In accordance with Subsection 106.12
of the Standard Specifications and the
requirements of this document, the certificate
shall include:
1) Department’s project number,
2) Manufacturer’s name,
3) Address of manufacturing facility,
4) Laboratory name & address,
5) Name of product or assembly,
6) Complete description of the material,
7) Model, catalog, stock no.(if applicable),
8) Lot, heat, or batch number identifying
the material delivered,
9) Date(s) of the laboratory testing,
10) Listing of all applicable specifications
required by the Department for this
particular product or assembly.
Certificates shall reference the actual
tests conducted on samples taken from
the same lot, heat, or batch, and shall
include a statement that the product or
assembly to be incorporated into the
project was fabricated in accordance
with and meets the applicable
specifications.
11) The following certification, signed by a
person having legal authority to act for
the Contractor: [Example on page 6]
The original Certificate of Compliance
shall include the Contractor’s original signature.
The original signature (including corporate title)
on the Certificate of Compliance, under penalty
of perjury, shall be of a person having legal
authority to act for the manufacturer. It shall
state that the product or assembly to be
incorporated into the project has been sampled
and passed all specified tests in conformity to
the plans and specifications for this project. One
legible copy of the fully signed Certificate of
Compliance shall be furnished to the Engineer
prior to installation of material. The original shall
be provided to the Engineer before payment for
the represented item will be made.
Each product or assembly delivered to
the project must contain the lot, heat, or batch
number identical to that on the accompanying
Certificate of Compliance. Products or
assemblies furnished on the basis of Certificates
of Compliance may be sampled and tested by
the Department and if determined that the
material does not meet the applicable
specifications, the material will be rejected or
accepted according to Subsection 105.03.
An example of what is required on a
COC is on page 14 of this chapter.
NOTE 3: If the Plans do not specifically
reference a Certified Test Report (Mill Test
Report) and the product category is not listed on
the Approved Products List within the Pre-
Approved level of acceptance, then a COC will
be required.
Products requiring Certificate of
Compliance (below is an incomplete list):
AEP (Asphalt Emulsion Prime)
Bearing Devices (Type I, II A B)
Bridge Deck Forms, Permanent Steel A
Bridge Rail, Steel A
Concrete Box Culverts, Precast
Dampproofing, Asphalt
Dust Palliative, Asphaltic or Magnesium
Chloride
Erosion Bales D
Expansion Joint Material, Preform. Filler
Flumes (all types)Gabions and Slope
Mattress
Gaskets
Glass Beads (for PMM)
Guard Rail - End Anchors
Guard Rail Metal A
Guard Rail Posts - Metal A
Guard Rail - Precast
Guard Rail Posts - Timber Blocks and
Posts A
Hay D
Headgates
Inlets, Grates and Frames (Prefab)
Interior Insulation
Lighting
Light Standards, High Mast
Light Standards, Metal
Luminaires (Inclusive)
Manholes, Rings and Covers (Prefab)
MSE Wall - Elements A,C
Mulching
Pedestrian Bridge A
Piling A
Pipes - all material compositions
Rest Area Materials (construction of)
Retaining Wall Blocks
Seeding (Native), Seed C
Sign Panels
Silt Berm, Dike, Silt Fence
Soil Conditioning C
Sprinkler System(s)
Steel Sign Posts
Steel Sheet Piling A
Special Notice to Contractors
Page 6
Storm Drain Inlet Protection
Straw D
Structural Glazed Tile and Ceramic Tile
Structural Plate Structures A
Structural Steel Galvanized A
Treated Timber
Example of stamp or affixed sticker to be placed on Certified Test Reports (CTRs), per Subsection 7.2 B (11).
Example of stamp or affixed sticker to be placed on Certificates of Compliance (COCs), per Subsection 7.2 C (11).
NOTE 4:
A Mill Test Report shall be included.
B Certified Test Report(s) on components
must accompany the material or
product.
C Certified Test Report shall be included.
D Contractor may obtain a current list of
Weed Free Forage Crop Producers by
contacting the Colorado Department of
Agriculture at (303) 239-4149.
7.3.d. PRE-APPROVED (APL):
The Pre-Approved method of
acceptance is when a manufacturer is required
to submit all relevant documentation on their
product in advance of any specific project. A
primary requirement to be considered for the
Approved Products List (APL) is that the
material retains a very high level of uniformity
and consistency in its production quality (i.e. not
project specific).
The submittal of Product literature /Tech
Data Sheet (TDS), Certificates of Compliance,
Certified Test Reports, Materials Safety Data
Sheets (MSDS), etc., as well as product
samples for specific categories combine all
previous methods of acceptance into one. A
Manufacturer whose product is not currently on
the APL should read and follow the instructions
within the Notice to Manufacturers on the APL
web site at www.coloradodot.info/business/APL .
Product evaluation can take a minimum
of four months to in excess of a year for some
product categories. If CDOT specifications need
to be altered or created for a product’s
acceptance then it could take even longer.
In accordance with CDOT's Procedural
Directive 1401.1, a manufacturer's product is
evaluated within CDOT to determine its
acceptability on CDOT construction projects, as
defined by CDOT specifications, plans and
standards. For additional information on the
APL or the web site contact the Product
Evaluation Coordinator within the Staff Materials
& Geotechnical Branch at 303-398-6566.
Locate products on the web site through
APL Search, and then use the referenced
Category, the Manufacturer’s name, or the
Product name. A category search requires that
the drop-down menus be used.
APL User Guidance
1. If three or more products are listed for any
applicable category then one of these products
shall be selected. If the category is unpopulated
a COC will be required for the product actually
used. If the category is under-populated a COC
will be required for the product actually used if
not from the APL. CDOT’s Subject Matter
Expert (SME) for the applicable category shall
I herby certify under penalty of perjury that the material listed in this Certified Test Report
represents ___________(quantity and units) of pay item ___________________________
(pay item # and description) that will be installed in conformance with the plans and
specifications on Project Number_________________ .
________________________________ __________________
Contractor Date
I herby certify under penalty of perjury that the material listed in this Certificate of Compliance
represents ___________(quantity and units) of pay item ____________________________
(pay item # and description) that will be installed in conformance with the plans and
specifications on Project Number_________________ .
________________________________ __________________
Contractor Date
Special Notice to Contractors
Page 7
be contacted for assistance. A CTR may be
requested if the Project Engineer deems it
appropriate. Contact the CDOT Product
Evaluation Coordinator at 303-398-6566 with
any questions.
2. Products that are evaluated on a batch or lot
basis and subsequently posted on the APL web
site will not be posted indefinitely. On February
1st of each calendar year batches or lots older
than two complete years will be automatically
removed or they will be removed sooner if
informed that the batch or lot has expired.
Specifically this refers to (1) single component,
hot-applied, elastomeric membranes for bridge
decks, (2) hot poured, joint/crack sealant, and
(3) asphalt plug joints.
3. Asphalt Binder and Asphalt Emulsions:
Approved asphalt binders and emulsions will
remain on the APL for only the calendar year
they were submitted before being removed.
Approved binders and emulsions are only valid
for the calendar year in which they were tested
and approved, as per CP 11. The year is
incorporated into the product name.
4. Environmental Erosion Control and
Sediment Control Category: All questions
regarding erosion control and sediment control
materials, both the current specifications and the
products, should be directed to the CDOT Staff
Environmental Branch SME. Tom Boyce at 303-
512-4053.
5. Traffic Control Pavement Marking Material
Sub-Category: All questions regarding
pavement marking materials, both the current
specifications and the products, should be
directed the CDOT Staff Traffic Branch SME.
K.C. Matthews at 303-757-9543.
6. Geosynthetics and Geotextiles:
Materials Bulletin (2008 Number 1) dated
January 25, 2008 is posted at:
http://www.dot.state.co.us/DesignSupport/Materi
als%20Bulletins/Materials%20Bulletins.htm
This Materials Bulletin clarifies the terminology
and application of geosynthetics as specified in
the standard specifications and the standard
special provision (SSP), Revision of Sections
208, 420, 605, and 712 – Geosynthetics and
Geotextiles. For New York State web site
navigation refer to (NYDOT APL Instructions) at
http://internal/infoexchg/organizations.cfm .
7. Concrete Mix Designs:
On the APL website there is a folder listing
concrete mix designs that have been pre-
approved. When a concrete mix is placed on the
APL, it meets the most current CDOT Standard
Specifications; however, it may not meet a
CDOT project’s Special Provisions. CP 62 is the
procedure for approving all concrete mixes for
use on a CDOT project.
8. Warm Mix Asphalt (WMA) Mixes:
On the APL website there is a folder listing
approved WMA technologies and a folder listing
approved contractors for specific WMA
technologies that have been pre-approved for
use on CDOT Projects. Use of a WMA mix on a
Project shall be approved by the Project
Engineer.
9. Contractors are required to submit a
Certificate of Compliance to the project engineer
documenting the selection of the CDOT APL
and/or QML products that they wish to include
for project incorporation. (Refer to example on
Page 15).
10. APL Quality Assurance Program:
Upon selecting the sub-category or base-
category the Product ID (PID), Product Name,
Manufacturer, and Comments will be displayed.
(a) By clicking on the PID / Form #595 the Pre-
Approved Product Evaluation Request &
Summary will be displayed. This will provide the
customer with both a mini product data sheet
and the information necessary for additional
product analysis for specific utilization.
(b) From a Quality Assurance (QA) perspective,
it is highly recommended that the Comments –
Add field be selected so that a database can be
generated for products that work best in specific
situations. In those rare occasions, bad or
flawed products can be removed from the APL.
Only comments from the Contractor, applicable
sub-contractor, and the project personnel
representing the Department will be accepted.
(c) If a product fails to perform to within
minimum quality expectations contact the CDOT
Product Evaluation Coordinator immediately via
e-mail as listed in the APL web site.
Special Notice to Contractors
Page 8
DISCLAIMER: The Colorado Department of Transportation (CDOT) is not obligated to any manufacturer
to use any of their products listed in the Approved Products List (APL). The APL simply documents that
the listed products have been reviewed, tested, and evaluated against CDOT standards, and were found
to be acceptable to be used in CDOT projects. Acceptance is based on product quality; however, price or
availability may be the determining factor by a contractor or sub-contractor on the CDOT project.
The product shall be removed from the APL if Product Performance comments indicate that field
performance is unacceptable to CDOT quality standards or if the product varies from the data as
originally submitted. Additional disclaimer information can be found within the APL web site.
APL Category APL Sub-Category APL Base Category
Adhesive: Anchoring, Lateral: Acrylic
Cementitious
Epoxy
Polyester
Anchoring, Overhead: N/A
Bonding: Epoxy
-------------------------------------------------------------------------------------------------------------------------------------------
Asphalt: Asphalt Release Agent: Truck Bed Only
Truck & Equipment
Binder:
Emulsion:
Hydrated Lime: N/A
Roadway Patching: Pre-Mixed [Bagged]
-------------------------------------------------------------------------------------------------------------------------------------------
Bridge Structures: Geocomposite Drain: N/A
Thin Bonded Overlay: Epoxy
Non-Epoxy
Structural Wrapping Repair N/A
-------------------------------------------------------------------------------------------------------------------------------------------
Concrete: Admixture: Air Entraining
Water-Reducing
Retarding
Accelerating
Water-Reducing & Retarding
Water-Reducing & Accelerating
Water-Reducing, High Range
Water-Reducing, High Range & Retard.
Extended Set-Control
Specific Performance
Concrete Corrosion Inhibitor
Miscellaneous
Curing Compound: Type 1 [Clear, Wax Based]
Type 1 [Clear, Resin Based]
Type 2 [White Pigmented, Wax Based]
Type 2 [White Pigmented, Resin Based]
Cement: Portland Cement, ASTM C 150
Blended Cement, ASTM C 595
Hydraulic Cement, ASTM C 1157
Pozzolan: Fly Ash, Class C
Fly Ash, Class F
Fly Ash, Class N
Silica Fume
Special Notice to Contractors
Page 9
APL Category APL Sub-Category APL Base Category
Concrete: Fiber: Macro Fiber
Micro Fiber
Grout: General Purpose [Non-Shrink]
Post-Tensioned Cable
Repair/Patching: Rapid Set, Horizontal
Rapid Set, Vertical & Overhead
Bonding Agent
-------------------------------------------------------------------------------------------------------------------------------------------
Drainage: Culvert Pipe: Culvert Lining [Repair]
Open-Cut/Direct-Bury
Manholes & Inlets: Manhole Riser
Trench Drain
Plastic Drains
Drainage Storm Water Separator: Regular Flow Hydrodynamic
High Flow Hydrodynamic
Environmental: Sound Wall: Absorptive
Reflective
Environ., Erosion Control: Soil Retention Covering: SRB [Biodegradable Class 1]
SRB [Photodegradable Class 1]
SRB [Biodegradable Class 2]
SRB [Photodegradable Class 2]
TRM [Class1]
TRM [Class 2]
TRM [Class 3]
Geogrid: N/A
Vegetation Control Geotextile
Environ., Sediment Control: Perimeter / TOS Control: Erosion Log
Catch Basin Insert: N/A
Dewatering Device: Dewatering Filter Bag
Concrete Washout Structure: Pre-Fabricated
-------------------------------------------------------------------------------------------------------------------------------------------
Paint / Coating: Anti-Graffiti: N/A
Concrete Corrosion Inhibitor: N/A
Epoxy Coating: N/A
Structural Concrete Coating: N/A
Structural Steel Paint: N/A
Wire Coating: N/A
-------------------------------------------------------------------------------------------------------------------------------------------
Pedestrian Safety: ADA Truncated Dome: Embedded
Retrofit
Joint System N/A
-------------------------------------------------------------------------------------------------------------------------------------------
Right-of-Way Structure: Mailbox Support System: N/A
Utility Enclosure: N/A
Fence, Non-Standard Coating N/A
Pole Base Hardware: N/A
-------------------------------------------------------------------------------------------------------------------------------------------
Roadway Safety: Cable Barrier: NCHRP 350 TL-3
NCHRP 350 TL-4
Guardrail W-Beam: Guardrail Synthetic Blockout
Guardrail End Treatment
Crash Cushion: Guardrail Median Terminal
Barrier End Terminal
Impact Attenuator, Permanent
Sand Barrel Impact Attenuator
Special Notice to Contractors
Page 10
APL Category APL Sub-Category APL Base Category
Roadway Safety: Railing Pedestrian & Bicycle
Vehicle
-------------------------------------------------------------------------------------------------------------------------------------------
Sealant [Joint & Crack]: Asphaltic Plug Joint: N/A
Hot Poured, Joint/Crack: ASTM D 6690, Type II
ASTM D 6690, Type IV
ASTM D 5078
------------------------------------------------------------------------------------------------------------------------------------------
Sealant [Joint & Crack]: Silicone, Joint: Non-Sag
Self-Leveling
Pre-Formed Joint Filler: N/A
Loop Detector Slot: One Component
Two Component
-------------------------------------------------------------------------------------------------------------------------------------------
Soil / Geotechnical: Stabilization: Chemical, Liquid
Void Elimination: Polyurethane Foam, High Density
-------------------------------------------------------------------------------------------------------------------------------------------
Traffic Control: Portable Changeable Message: Trailer Mount
Vehicle Mount
Arrow Board: Type A
Type B
Type C
Type D
Speed Notification: Radar/Message Trailer
Speed Display Trailer
Speed Display Device
Traffic Control Enhancement: AFAD
Flashing Beacon
Warning Light
Raised Island, Temporary
Rumble Strip, Temporary
Glare Screen
Channelizing Device: Cone
Tubular Marker
Vertical Panel
Drum
Barricade, Type 1
Barricade, Type 2
Barricade, Type 3
Direction Indicator Barricade
Longitudinal Channelizing Device
Opposing Traffic Lane Divider
Delineator: Flexible Post
Flexible, Multiple Hit Post
Guardrail Mount
Reflective Element: Barrier (Solid Wall) Marker
Guardrail & Post Marker
Delineator Post Marker
Linear Reflector Strip
Post Anchoring: Mechanical System
Polyurethane Foam, Backfill
Traffic Barrier, Temporary: N/A
Crash Cushion, Temporary: Impact Attenuator, Temporary
Truck Mounted Attenuator (TMA)
Trailer Mounted Attenuator
Special Notice to Contractors
Page 11
APL Category APL Sub-Category APL Base Category
Traffic Control: Sign Stand: N/A
Pavement Marking Material: Preformed Plastic Tape, Type I, Perm.
Preformed Plastic Tape, Type II, Perm.
Preformed Plastic Tape, Type III, Perm.
Thermoplastic, Hot Applied
Thermoplastic, Preformed
Epoxy Paint, Yellow
Epoxy Paint, White
Pavement Marking Material: Methyl Methacrylate
Raised Flexible Marker
Recessed Pavement Marker
Traffic Control: Sign Sheeting: ASTM D 4956, Type IV
ASTM D 4956, Type V
ASTM D 4956, Type VI
ASTM D 4956, Type VI
[Roll-up & Cone Collar]
ASTM D 4956, Type VII
ASTM D 4956, Type VII, Fluorescent
ASTM D 4956, Type VIII
ASTM D 4956, Type VIII, Fluorescent
ASTM D 4956, Type IX
ASTM D 4956, Type IX, Fluorescent
ASTM D 4956, Type X
ASTM D 4956, Type X, Fluorescent
ASTM D 4956, Type XI
ASTM D 4956, Type X, Fluorescent
Films / Miscellaneous
-----------------------------------------------------------------------------------------------------------------------------------------
Waterproofing: Concrete Sealer: Alkyl-alkoxy Silane
Non-Alkyl-alkoxy Silane
Penetrating Epoxy
Micro-Subsurface Repair
Elastomeric Membrane: Single Component, Hot Applied
Non-Asphaltic
-----------------------------------------------------------------------------------------------------------------------------------------
Special Notice to Contractors
Page 12
Western ConstructionInc.
13369 W. Rocky Rd. Smallville, Colorado 91130
Phone 999-123-4567
CERTIFICATE OF CONTRACTOR’S COMPLIANCE TO BUY AMERICA CLAUSE
All steel and/or iron products to be permanently incorporated into the CDOT Federal Aid Project Number
_______ , with a project location of _________________________________________,
will be produced or manufactured in the United States of America, Puerto Rico, District of Columbia, or in
any of the territories and possessions of the United States of America, except as listed below:
No Exception
Minor Exceptions: Value less than 1/10 of 1% of the total contract cost or
$ 2,500.00 whichever is greater. Documentation is in our Project Files.
Certifications that every process, including the application of a coating, performed on steel or iron
products stating that it has or has not been carried out in the United States of America is on file. This
certification creates a chain of custody that includes every supplier, distributor, fabricator, and
manufacturer that handles the steel or iron product.
Our actions were in full compliance with Colorado DOT’s Standard Specifications for Road and
Bridge Construction, Section 106.11
Western Construction Inc.
John Doe
John Doe
President
I, , as secretary of Western Construction, Inc., hereby
affirm that the foregoing certificate was signed this day of , 20 by John
Doe, who is duly constituted as President of Western Construction Inc. and who is authorized to
bind the Corporation to this Certificate.
EXAMPLE
(Per requirements of Subsection 4.1)
(Original Signatures Required, No Facsimiles Accepted)
Special Notice to Contractors
Page 13
American Glass Bead IncAmerican Glass Bead IncAmerican Glass Bead IncAmerican Glass Bead Inc.
Desert Ray, Tx. 76660
Phone: (254)562-2541
Fax: (254)562-2542
www.agbi.com
CERTIFIED TEST REPORT
Colorado Department of Transportation (CDOT) project number: MTCE 03-022
Name of Product: AASHTO M 247 Type 1 Colorado Spec Glass Beads
*Product Code: AGBI- 0123
Product Batch Number: 021805
*Product date of manufacturing: Feb. 18, 2005
*Quantity Shipped: 44000 Pounds
* Date of Shipment: TBA
Laboratory Information:
*AGBI Inc.: HWY 40 & FCR 145
*Testing Date: 2/18/05
* Samples Tested: Samples are from Batch # 021805
AASHTO Designation M 247
*AASHTO M 247 Type 1 Colorado Spec
Test Results: Gradation (ASTM Standard D 1214)
Sieve Designation Specification for AASHTO M 247
Mass Percent Passing (Type 1)
Test Result
No. 20 (0.850 mm) 100 100
No. 30 (0.600 mm) 75-95 86.9
No. 40 (0.425 mm) - -
No. 50 (0.300 mm) 15-35 24.2
No. 80 (0.180 mm) - -
No. 100 (0.150 mm) 0-5 .7
AASHTO M 247 Type 1
Test Results: Other Properties
Element / Method Specification for AASHTO M 247
Specification Limit
Test Result
Roundness/ASTM D 1155 70% min 71.4%
Crushing Resistance
ASTM D 1213
Retained 0.425-mm (No. 40) sieve
133N (30 lbs.) min.
Passing
Refractive Index
(Ref: TTB1325C Section 4.3.3)
1.50 min 1.52
Moisture Resistance Non-Moisture absorption &
Free flowing
Passing
Flotation 90% of all beads shall float in xylene n/a
Certification of Material: The referenced material meets or complies with the AASHTO M 247 Type 1
Colorado Specification.
Billy GibbonsBilly GibbonsBilly GibbonsBilly Gibbons 18 Feb, 200518 Feb, 200518 Feb, 200518 Feb, 2005
____________________________ _______________________
Billy Gibbons / Quality Control Date
North-By-Northwest,
I hereby certify under penalty of perjury that the material listed in this Certified Test
Report represents _____________ (quantity and units) of pay item ______________
___________________________ (pay item # and description) that will be installed in
conformance with the plans and specifications on Project No. __________________.
_______________________________ __________________
Contractor Date
EXAMPLE
[Per requirements of Section 7]
(Original Signatures Required,
Legible copy Accepted)
Special Notice to Contractors
Page 14
North-By-Northwest, Inc.
9876 S. Eva-Marie Blvd.
Grant, South Dakota 54321
Phone 999-123-4567
Certificate of Compliance
Product Name: Universal Bridge Deck Expansion Joint
Model: . UBDEJ-101
Lot: 135-02
Description: Pre-formed Silicone gland, that can be bonded directly to an Elastomeric concrete joint
interface with a single component silicone-locking adhesive.
Material Testing Specifications:
Property Test Method Mean Value
Durometer (Shore A) ASTM D 2240 55
Tensile (psi) ASTM D 412 650 psi
Elongation (%) ASTM D 412 382 %
Tear (die B ppi) ASTM D 624 88 ppi
Compression Set ASTM D 395 30 %
At 350oF 22 hrs.
Operating Temperature Range -60o F to 450o F
Specific Gravity 1.51
State Specification Reference:
Colorado DOT Standard Specifications for Road and Bridge Construction,
Section 412.13 (c). Project plans as required.
CDOT Project Number NH 0507-123
The above referenced tests were performed within our laboratory on March 14th 2002.
All tests passed and the minimum required values were exceeded. Applicable laboratory test reports are
available upon your request.
North-By-Northwest, Inc.
John Doe
John Doe
Manager, Quality Assurance
Date: 22 June 2002
I hereby certify under penalty of perjury that the material listed in this Certificate of
Compliance represents ______________ (quantity and units) of pay item ________
___________________________ (pay item # and description) that will be installed in
conformance with plans and specification on Project Number _________________ .
_______________________________ __________________
Contractor Date
EXAMPLE
[Per requirements of Section 7]
(Original Signatures Required,
Legible copy Accepted)
Special Notice to Contractors
Page 15
BlueBerry Shortcake Construction Inc.
411 N. Southland Rd. East Westville, Colorado 91130
Phone 999-123-4567
CERTIFICATE OF CONTRACTOR’S COMPLIANCE FOR APL / QML SELECTION
Date: ______________________________________
CDOT Project No.: ______________________________________
CDOT Project Location: ______________________________________
CDOT Project Code: ______________________________________
The following material was selected from the CDOT Approved Products List in accordance with the
project plans, the 2011 Standard Specifications for Road and Bridge Construction, and the 2012 Field
Materials Manual.
QML Part/Sub-Part: __________________________________________
APL Category: _____________________________________________
APL Sub-Category: __________________________________________
APL Base Category: _________________________________________
APL Reference No.: __________________________________________
Product Name: ______________________________________________
Manufacturer: _______________________________________________
Date of Web Site Review & Selection: ___________________________
BlueBerry Shortcake Construction Inc.
Veronica Dee
Veronica Dee
Construction Manager
I hereby certify under penalty of perjury that the material listed in this Certificate of
Compliance represents ______________ (quantity and units) of pay item ________
___________________________ (pay item # and description) that will be installed in
conformance with plans and specification on Project Number _________________ .
_______________________________ __________________
Contractor Date
EXAMPLE
(Per requirements of Subsection 7.3.d)
(Original Signatures Required, No Facsimiles Accepted)
Special Notice to Contractors
Page 16
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Title VI Federally funded project
23 CFR Part 633, Subpart A - specifies required contract provisions to be included in all
Federal-aid construction contracts, including Title VI and other proscriptions included in Form
FHWA 1273
C. Federal-aid Contract Provisions
Federal-aid construction contracts contain required contract provisions, as stipulated in Form
FHWA-1273. The provisions contained in Form FHWA-1273 are generally applicable to all
Federal-aid construction projects and must be made a part of and physically incorporated into, all
contracts as well as appropriate subcontracts and purchase orders. These required contract
provisions contain requirements that prohibit discrimination; provide for EEO; require payment
of predetermined minimum wages; stipulate subcontracting requirements and limitations;
mandate compliance with health and safety standards at the work place and require compliance
with all appropriate environmental regulations among the noted provisions. The FHWA--1273
also contains a number of certification/provision requirements including non-collusion, lobbying
and suspension/debarment.
In addition, Federal-aid contracts must also contain Buy America, DBE special program
provisions and, unless exempted by State statute or promulgated by its own developed provision,
must include a standardized changed-site condition clause. On contracts that stipulate specific
DBE goals, the successful bidder must either meet the goals or demonstrate that he/she has made
a good faith effort to meet them. When there are no DBE goals specified, the contractor may
solicit bids from any number of subcontractors, but is required to provide DBEs the maximum
opportunity to participate in the subcontract and procurement bid process whenever possible.
Also on selected Federal-aid contracts, STAs can have provisions for on-the-job (OJT) training
and Indian preference.
J. Title VI Federal-aid Construction Contract Requirements
Federal-aid construction contracts must include provisions which require compliance with Title
VI. The specific contract provision language is included in Form FHWA-1273, “Required
Contract Provisions.” The specific provisions related to Title VI are covered under Sections II
and III. Form FHWA-1273 is a convenient collection of contract provisions and proposal notices
that are required by regulations promulgated by the FHWA and other Federal agencies. Copies
of the current version of FHWA Form-1273 and FHWA Form--1273A are included in Appendix
F.
The provisions contained in Form FHWA-1273 are generally applicable to all Federal-aid
construction projects and must be made a part of and physically incorporated into all contracts as
well as appropriate subcontracts and purchase orders.
STAs are not permitted to modify the provisions of FHWA Form FHWA-1273. Minor additions
covering State requirements may be included in a separate supplemental specification, provided
they do not conflict with State or Federal laws and regulations and do not change the intent of the
required contract provisions.
The FHWA Form-1273 provisions apply to all work performed on the contract including work
performed by subcontract. The FHWA Form-1273 provisions are required to be physically
incorporated into each subcontract and subsequent lower tier subcontracts and may not be
incorporated by reference. The prime contractor is responsible for compliance with the FHWA
Form-1273 requirements by all subcontractors and lower tier subcontractors. Failure to comply
with the Required Contract Provisions may be considered as grounds for contract termination.
Section II - Nondiscrimination
The provisions of Section II of FHWA Form-1273 are derived from the basic statutory authority
of Title VI of the Civil Rights Act of 1964 and FHWA implementing guidelines set forth under
23 CFR Part 200. Section II applies to all Federal-aid construction contracts and to all related
subcontracts of $10,000 or more.
The provisions of Section II promulgate Title VI mandates that, basically, do not allow any
Federal assistance to be used to discriminate. Through expansion of this mandate and the
issuance of parallel legislation, the prescribed basis of discrimination includes race, color, sex,
national origin, age and disability.
Title VI assures that the STA's guarantee that no person is subjected to discrimination in
connection with any activity, including any contract, for which the State receives Federal
assistance. In the event of noncompliance by a contractor and/or subcontractor, payment may be
withheld or the contract may be canceled in whole or in part.
Section II of the FHWA Form-1273 is essentially the Standard EEO Construction Contract
Specifications, as included in 23 CFR Part 230, Subpart A. The goal of EEO is increased
participation of minorities and women in the work force and extends to contractor practices in
recruitment, hiring, pay, training, promotion and retention.
General Guidance
Guidance on nondiscrimination principles is fairly simple in that no person, firm, or other entity
is to be subjected to discrimination because of race, color, sex, national origin, age, or disability.
The nondiscrimination provisions extend to the contractor's employment practices, solicitations
for employment, selection of subcontractors and suppliers and procurement of materials.
1. FHWA Form-1273 Sections II.1 - II.9.
Section II.1. Requires the contractor to have an operating EEO policy that prohibits
discrimination and provides for affirmative action in employment practices. The contractor shall
adopt the following statement as his operating policy:
"It is the policy of this company to assure that applicants are employed and that employees are
treated during employment, without regard to their race, religion, sex, color, national origin,
age, or disability. Such action shall include: employment upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other, forms of
compensation; and selection for training, including apprenticeship, pre-apprenticeship and/or
on-the-job training."
Affirmative action is defined as a good faith effort to eliminate past and present discrimination
and to ensure that future discriminatory practices do not occur. Actions aimed at addressing
under-representation of minorities and women are outlined in the "Sixteen Steps" in 41 CFR 60.
Section II.2. Requires the contractor to have a designated EEO Officer who has the
responsibility and authority to administer the contractor's EEO program.
Section II.3. Requires all of the contractor's employees who have an active role in the hiring,
supervision, advancement or discharge of employees to be fully aware of and implement the
contractor's EEO policy. In addition, it is required that employees, including applicants and
potential employees, be informed of the contractor's EEO policy through posted notices, posters,
handbooks and employee meetings. This section lists minimum actions to be taken to ensure the
contractor’s obligations are met.
Section II.4. Mandates that the contractor not to discriminate in his recruitment practices and to
make an effort to identify sources for potential minority and women employees.
Section II.5. Requires the contractor to periodically review project sites, wages, personnel
actions, etc., for evidence of discriminatory treatment. The contractor is to promptly investigate
all alleged discrimination complaints.
Section II.6. Requires the contractor to advise employees and applicants of training programs
available and to assist in the improvement of the skills of minorities, women and applicants,
through such programs.
Section II.7. Deals with labor unions in that the contractor is not and cannot be, required to hire
union employees; however, if the contractor relies on unions as a source of employees, the
contractor is encouraged to obtain cooperation with the unions to increase opportunities for
minorities and women. The contractor is required to incorporate an EEO clause into union
agreements.
Section II.8. Deals with the contractor's EEO policy as it pertains to selection of subcontractors,
including material suppliers and equipment leasing companies. Contractors are encouraged to
use DBEs or other subcontractors that employ minorities and women. Furthermore, contractors
are required to exercise their best efforts to solicit bids from and to utilize DBE subcontractors or
subcontractors with meaningful minority group and female representation among their
employees, as well as ensure that subcontractors comply with the EEO requirements.
Section II.9. Requires the contractor to prepare records that document compliance with the EEO
policy and to retain these records for a period of 3 years after completion of the contract work.
These records should include the number of minority, women and non-minority employees in
each work classification on the project, the progress and effort being made to increase the
employment opportunities for minorities and women. The contractor is required to submit an
annual EEO report to the STA each July, for the duration of the project. If the project contains
on-the-job training (OJT), this information is also required to be collected and reported.
2. Compliance Oversight
Enforcement responsibilities are vested with the contracting agency and ultimately falls on the
shoulders of the STA personnel in charge. The project engineer should be cognizant of the
contractual requirement and observe the contractor for compliance. Specifically, the STA’s
concern should center on whether discriminatory practices take place, particularly in the hiring,
firing, training, promotion and utilization of employees.
Noncompliance with the EEO specifications may be considered a breach of contract for which
payment may be withheld or the contract canceled. The State compliance staff should conduct
reviews and make noncompliance determinations. In addition, reviews by the Office of Federal
Contract Compliance Programs (OFCCP), or actions ordered by OFCCP, may affect the
contractor's eligibility to participate in Federal-aid programs.
Section III – Non-segregated Facilities
The intent of the provisions of Section III of FHWA Form-1273 is to ensure that past
discriminatory practices for providing separate facilities or prohibiting minorities’ access to
certain facilities are eliminated. Section III, which is also derived from Title VI, applies to
contractors, subcontractors and material suppliers on all Federal-aid contracts and related
subcontracts of $10,000 or more.
By entering into a Federal-aid construction contract, organizations and firms are certifying that
they maintain non-segregated facilities that conform to requirements of 41 CFR 60.1.8. These
regulations also require a prime contractor to obtain a similar certification from each
subcontractor and supplier, as applicable.
1
FHWA-1273 -- Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act
Provisions
VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water
Pollution Control Act
X. Compliance with Governmentwide Suspension and
Debarment Requirements
XI. Certification Regarding Use of Contract Funds for
Lobbying
ATTACHMENTS
A. Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid design-
build contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, lower-tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension / debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
II. NONDISCRIMINATION
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 60-
1.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
2
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-the-
job training."
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. Where
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
3
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
8. Reasonable Accommodation for Applicants /
Employees with Disabilities: The contractor must be familiar
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
a. The requirements of 49 CFR Part 26 and the State
DOT’s U.S. DOT-approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and non-
minority group members and women employed in each work
classification on the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391. The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
4
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
III. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-of-
way of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 “Contract provisions and
related matters” with minor revisions to conform to the FHWA-
1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein: Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH–1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
classification and wage rate (including the amount
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
5
will notify the contracting officer within the 30-day period that
additional time is necessary.
(4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federally-
assisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
3. Payrolls and basic records
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH–347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
(2) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
6
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH–347 shall satisfy the requirement for submission of the
“Statement of Compliance” required by paragraph 3.b.(2) of
this section.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and trainees
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
7
d. Apprentices and Trainees (programs of the U.S. DOT).
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
7. Contract termination: debarment. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the Davis-
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1.) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1.) of this section.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
4. Subcontracts. The contractor or subcontractor shall insert
in any subcontracts the clauses set forth in paragraph (1.)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in paragraphs (1.) through (4.) of this
section.
8
VI. SUBLETTING OR ASSIGNING THE CONTRACT
This provision is applicable to all Federal-aid construction
contracts on the National Highway System.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
a. The term “perform work with its own organization” refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to all related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federal-
aid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Willful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
18 U.S.C. 1020 reads as follows:
9
"Whoever, being an officer, agent, or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
This provision is applicable to all Federal-aid construction
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more – as
defined in 2 CFR Parts 180 and 1200.
1. Instructions for Certification – First Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. “First Tier Covered
Transactions” refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). “Lower Tier Covered
Transactions” refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). “First Tier
Participant” refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
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i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
* * * * *
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
(4) Have not within a three-year period preceding this
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Where the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
d. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. “First Tier Covered Transactions”
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). “Lower Tier Covered Transactions”
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). “First Tier Participant”
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). “Lower Tier
Participant” refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
g. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (https://www.epls.gov/), which is
compiled by the General Services Administration.
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
i. Except for transactions authorized under paragraph e of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
11
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
* * * * *
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
* * * * *
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
This provision is applicable to all Federal-aid construction
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
12
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
TOWN OF ESTES PARK, COLORADO
2013 FLOOD DAMAGE REPAIR PROJECT TOC
JULY 2014
TABLE OF CONTENTS
2013 Flood Damage Repair Project
PART 5 – Geotechnical Study