HomeMy WebLinkAboutC12-341 Old Castle SW Group CONSTRUCTION AGREEMENT WITH OLDCASTLE SW GROUP, INC., DBA
B &B EXCAVATING FOR REPLACEMENT OF SIPHON PIPE AT THE
HOWARD DITCH
THIS AGREEMENT is made this d'day of October 2012, by and between Eagle
County (hereinafter "County "), Eagle County School District RE -50J (hereinafter
"School District "), SPI Golf, Inc. (hereinafter "SPI "), (referred to collectively as
"Howard Ditch Owners" or "Owners ") and Oldcastle SW Group, Inc., dba B &B
Excavating a company organized and existing by virtue of the laws of the State of
Colorado (hereinafter "Contractor ") with a principal place of business at 2273 River
Road, Grand Junction, Colorado 81515..
RECITALS
WHEREAS, Owners desire to replace the existing siphon pipe and related appurtenances
at the Howard Ditch in Eagle County, Colorado (the "Project "); and
WHEREAS, Contractor is authorized to do business in the State of Colorado, has
experience and expertise necessary to perform said renovation and construction services
for Owners; and
WHEREAS, Contractor understands and acknowledges that Contractor's work under
this Construction Agreement (the "Agreement ") will be subject to the drawing and
specifications terms and requirements contained in the attached Exhibit A; and
WHEREAS, Owners and Contractor intend by this Agreement to set forth the scope of
the responsibilities of Contractor in connection with the Project and related terms and
conditions to govern the relationship between Contractor and Owners in connection with
this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the following
promises, Owners and Contractor agree as follows:
ARTICLE 1— WORK
1.1 Contractor shall use licensed, skilled and competent laborers to complete all Work
as specified or indicated in the Contract Documents. The "Work" is generally described
as providing all labor, tools, materials and services for the removal of all existing siphon
pipe and related appurtenances and to construct a new siphon and appurtenances in
accordance with Howard Ditch Phase 1 Improvements Drawings and Project
Specifications issued by Stantec Consulting, Sheets G001, G002, C100, C110, and C500
dated March 30, 2012, and Howard Ditch specifications dated March 2012, which are
collectively attached hereto and incorporated herein as Exhibit A. As a component of the
1
CA-'341
Work, Contractor will be required to protect all construction areas from the public to
prevent interference with the Work to be provided hereunder.
ARTICLE 2 - OWNER'S REPRESENTATIVE
2.1 The Project is under the authority of the County Facilities Management
Department, the Manager of which, or his designee, shall be Owner's Project Manager
with Contractor with respect to the performance of the Work (hereinafter "Project
Manager ").
ARTICLE 3 — CONTRACT TIME
3.1 This Agreement shall commence upon execution of this Agreement by all parties
and, subject to the provisions of Article 11 hereof, shall continue in full force and effect
until the Work has been completed.
3.2 Contractor will commence Work with the applicable component of the Project
upon the issuance of a Notice to Proceed. Once a Notice to Proceed has been issued,
Contractor will order the materials necessary to complete the Project and store such
materials in a secure location until the Work is ready to commence. The Work will
commence after the Howard Ditch has been shut down by the Owners for the season,
typically October 1, or sooner if the Howard Ditch is shut down due to low flows in the
Eagle River or a failure of the existing siphon. Contractor will complete the Work in a
diligent and expeditious manner and shall complete the Project on or before November 5,
2012, or twenty one (21) calendar days of the date field construction has commenced,
whichever is earlier. Final completion of the Work in accordance with paragraphs 20 and
21(including subparts) of the General Conditions shall be achieved by Contractor on or
before November 5, 2012
ARTICLE 4 — CONTRACT PRICE
4.1 For the Work to be provided hereunder, Owners will pay Contractor the amounts
provided in Exhibit B. The maximum amount of compensation under this Agreement
shall not exceed one hundred sixteen thousand three hundred ninety one and 58/100
dollars ($116,391.58) without a signed amendment to the Agreement. The maximum
compensation amount under this agreement (which is based upon Unit Prices) includes,
without limitation, the entire amount of overhead and profit payable to Contractor in
connection with the Work under the Contract Documents. Contractor shall not have the
right to, nor shall it seek to recover, any additional compensation for overhead and profit.
4.2 Owners will not withhold any taxes from monies paid to the Contractor hereunder
and Contractor agrees to be solely responsible for the accurate reporting and payment of
any taxes related to payments made pursuant to the terms of this Agreement.
4.3 Notwithstanding anything to the contrary contained in this Agreement, no charges
shall be made to the Owners nor shall any payment be made to the Contractor in excess of
2
the amount for any Services done without the written approval in accordance with a
budget adopted by the Owners in accordance with provisions of the Colorado Revised
Statutes. Moreover, the parties agree that Eagle County is a governmental entity and that
all obligations beyond the current fiscal year are subject to funds being budgeted and
appropriated.
4.4 The signatories to this Agreement aver to their knowledge, no employee of the
County or School District has any personal or beneficial interest whatsoever in the
service or property described in this Agreement. The Contractor has no interest and shall
not acquire any interest, direct or indirect, that would conflict in any matter or degree
with the performance of Contractor's services and Contractor shall not employ any
person having such known interests
ARTICLE 5 — PAYMENT PROCEDURES
5.1 Contractor shall submit applications for payment in accordance with paragraph 18
of the General Conditions. The Contractor shall submit applications for payment and all
back -up material (e.g. Subcontractor's invoices, vendor statements and receipts) as shall
be reasonably required in accordance with the General Conditions. Applications for
payment will be processed by the Project Manager as provided in the General Conditions.
The application for payment shall list all general and sub -trade divisions with each
division clearly showing the total construction cost and all increments for monthly
payment requests for labor and materials and all monthly reconciliation totals for each
division. The application shall also include a summary of all current changes to the
contract through approved Change Orders and the cost impact for these changes.
5.2 PROGRESS PAYMENTS: Owners shall make monthly progress payments on
account of the Contract Price on the basis of Contractor's applications for payments as
recommended by the Project Manager, as provided below. All progress payments will be
on the basis of the progress of the Work. Owners shall have the right to request and
inspect supporting documentation for progress payments, including but not limited to
receipts and invoices evidencing payments of charges associated with the Work.
5.2.1 Progress Payments will be in an amount equal to:
Ninety -five percent (95 %) of the calculated value of Work completed and
materials and equipment not yet incorporated in the Work but delivered and
suitably stored less in each case the aggregate of payments previously made. The
withheld percentage of the Contract Price may be retained until the Work is
completed satisfactorily and finally accepted by Owners as provided for herein.
5.3 FINAL PAYMENT: Except as provided in section 5.4 of this Agreement, within
sixty (60) days of completion and acceptance of the Work by Owners in accordance with
the General Conditions, Owners shall pay the remainder of the Contract Price as
recommended by Project Manager as provided in paragraphs 20 and 21(including sub -
3
parts) of the General Conditions. The final payment shall not be made until after final
settlement of this contract has been duly advertised at least ten days prior to such final
payment by publication of notice thereof at least twice in a public newspaper of general
circulation published in Eagle County, and the Board of County Commissioners has held
a public hearing, thereupon and complied with C.R.S. § 38 -26 -107, as amended. Final
payment shall be made in accordance with the requirements of aforesaid statute.
5.4 Owners may withhold from any payments due to Contractor, to such extent as
may be necessary to protect the Owners from loss, because of defective work or material
not remedied or the failure of Contractor to carry out the Scope of Work in accordance
with this Agreement.
ARTICLE 6 — CONTRACTOR'S REPRESENTATIONS
In order to induce Owners to enter into this Agreement, Contractor makes the following
representations:
6.1 Contractor has familiarized himself with the nature and extent of the Contract
Documents, Work, locality, and with all local conditions, and federal, state, and local
laws, ordinances, rules and regulations that may, in any manner, affect cost, progress, or
performance of the Work.
6.2 Contractor has studied carefully all 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 were relied upon by Project Manager in the
preparation of the plans and specifications as shown in Exhibit A.
6.3 Contractor has made, or caused to be made, examinations, investigations, and
tests and studies of such reports and related data in addition to those referred to herein as
he deems necessary for the performance of the Work at the contract price, within the
contract time, and in accordance with other terms and conditions of the Contract
Documents; and no additional examinations, investigations, tests, reports, or similar data
are, or will be required by Contractor for such purposes.
6.4 Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports, and data with the terms and conditions of the Contract
Documents.
6.5 Contractor has given Project Manager written notice of all conflicts, errors, or
discrepancies that he has discovered in the Contract Documents and the written resolution
thereof by Project Manager is acceptable to Contractor.
4
ARTICLE 7 — CONTRACT DOCUMENTS
The Contract Documents which comprise the entire Agreement, made a part hereof, and
consist of the following:
7.1 This Agreement.
7.2 General Conditions.
7.3 Contractor's Bid Form dated June 28, 2012 which is attached hereto and
incorporated herein as Exhibit B.
7.4 Howard Ditch Phase 1 Improvements Drawings and Specifications issued by
Stantec Consultants dated March 30, 2012 and March 2012 respectively, which are
collectively attached hereto and incorporated herein as Exhibit A.
7.5 There are no Contract Documents other than those listed above in this Article 7.
The Contract Documents may only be altered, amended, or repealed by a Change Order
or Modification (as defined in the General Conditions).
7.6 The intent of the Contract Documents is to include all items, components and
services necessary for the proper execution and completion of all the Work outlined in
paragraph 1.1 of this Agreement. The Contract Documents are complementary, and what
is required by any one shall be as binding as if required by all. Words and abbreviations
which have well known technical or trade meanings are used in the Contract Documents
in accordance with such recognized meanings. The Contract Documents are listed in
order of priority. If a conflict exists in the terms of any of the Contract Documents, the
document with a higher priority shall control.
ARTICLE 8 — MISCELLANEOUS
8.1 No assignment by a party hereto of any rights under, or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically, but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.2 Owners and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
8.3 Notwithstanding anything to the contrary contained in this Agreement, Eagle
County shall have no obligations under this Agreement after, nor shall any payments be
5
made to Contractor in respect of any period after December 31, 2012 without an
appropriation therefore by County in accordance with a budget adopted by the Board of
Owners Commissioners in compliance with Article 25, Title 30 of the Colorado Revised
Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR
Amendment (Colorado Constitution, Article X, Sec. 20).
8.4 Contractor shall comply with the following provisions mandated by C.R.S. § 8-
17.5 -101 et seq. PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES:
If Contractor has any employees or subcontractors, Contractor shall comply with C.R.S. §
8 -17.5 -101, et seq., regarding Illegal Aliens — Public Contracts for Services, and this
Contract. By execution of this Contract, Contractor certifies that it does not knowingly
employ or contract with an illegal alien who will perform under this Contract and that
Contractor will participate in the E- verify Program or other Department of Labor and
Employment program ( "Department Program ") in order to confirm the eligibility of all
employees who are newly hired for employment to perform work under this Contract.
8.4.1. Contractor shall not:
(i) Knowingly employ or contract with an illegal alien to perform
work under this contract for services; or
(ii) Enter into a contract with a subcontractor that fails to certify to the
Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under the public
contract for services.
8.4.2. Contractor has confirmed the employment eligibility of all employees who
are newly hired for employment to perform work under this Contract
through participation in the E- verify Program or Department Program, as
administered by the United States Department of Homeland Security.
Information on applying for the E- verify program can be found at:
http://www.dhs.gov/xprevprot/programs/gc_1185221 678 1 50. shtm
8.4.3. The Contractor shall not use either the E- verify program or other
Department Program procedures to undertake pre - employment screening
of job applicants while the public contract for services is being performed.
8.4.4. If the Contractor obtains actual knowledge that a subcontractor performing
work under the public contract for services knowingly employs or
contracts with an illegal alien, the Contractor shall be required to:
(i) Notify the subcontractor and the Owners within three days that the
Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
6
(ii) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to subparagraph (i)
of the paragraph (D) the subcontractor does not stop employing or
contracting with the illegal alien; except that the Contractor shall
not terminate the contract with the subcontractor if during such
three days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with
an illegal alien.
8.4.5. The Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an
investigation that the department is undertaking pursuant to its authority
established in C.R.S. § 8- 17.5 - 102(5).
8.4.6. If a Contractor violates these prohibitions, the Owners may terminate the
contract for a breach of the contract. If the contract is so terminated
specifically for a breach of this provision of this Contract, the Contractor
shall be liable for actual and consequential damages to the Owners as
required by law.
8.4.7. The Owners will notify the office of the Colorado Secretary of State if
Contractor violates this provision of this Contract and the Owners
terminates the Contract for such breach.
8.5 In the event of litigation between the parties hereto regarding the interpretation of
this Agreement, or the obligations, duties or rights of the parties hereunder, or if suit
otherwise is brought in law or in equity to recover damages for breach of this Agreement,
or an action in tort or an action be brought for injunction or specific performance, then
and in such events, the prevailing party shall recover all reasonable costs incurred with
regard to such litigation, including reasonable attorney's fees.
8.6.1 At all times during the term of this Agreement, Contractor shall maintain
insurance on its own behalf in the minimum amounts required by paragraph 14 of the
General Conditions.
8.7 Contractor shall require each subcontractor to be bound by the terms of the
Contract Documents. All Work performed by a subcontractor shall be pursuant to the
appropriate written agreement in accordance with the requirements of the Contract
Documents.
ARTICLE 9 - JURISDICTION AND VENUE
9.1 This Agreement shall be interpreted in accordance with the laws of the State of
g rP
Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof.
Venue shall be in the Fifth Judicial District for the State of Colorado.
7
ARTICLE 10 - INDEMNIFICATION
10.1 The Contractor shall, to the fullest extent permitted by law, indemnify and hold
harmless Owners and any of its officers, agents and employees against any losses, claims,
damages or liabilities for which Owners or any of its officers, agents, or employees may
become subject to, insofar as any such losses, claims, damages or liabilities arise out of,
directly or indirectly, this Agreement, or are based upon any performance or
nonperformance by Contractor hereunder or any subcontractor or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable,
regardless of whether or not it is caused in part by a party indemnified hereunder; and
Contractor shall reimburse Owners for any and all legal and other expenses including
attorney fees incurred by Owners in connection with investigating or defending any such
loss, claim, damage, liability or action. This indemnification shall not apply to claims by
third parties against the Owners to the extent that the Owners is solely liable to such third
party for such claim. This Article shall survive termination of this Agreement.
ARTICLE 11 - TERMINATION
11.1 Owners may terminate this Agreement, in whole or in part, for any reason, at any
time, with or without cause. Any such termination shall be effected by delivery to
Contractor of a written notice of termination specifying the date upon which termination
becomes effective. Upon termination, Contractor shall deliver all redlined drawings and
other illustrations, photos or documents entirely or partially completed, whether in
electronic form or otherwise, together with all material supplied by Contractor or by
Owners. In such event, Contractor shall be compensated for all Work satisfactorily
completed up to the date of termination. Final payment, subject to the requirements of
Article 5 of this Agreement, will be due within thirty (30) days after Contractor has
delivered the last of the documents or records due the Owners.
ARTICLE 12 - OWNERSHIP OF DOCUMENTS
12.1 All documents (including electronic files) which are obtained during or wholly or
partially prepared in the performance of the Work shall remain the property of the
Owners and are to be delivered to Owners before final payment is made to Contractor or
upon earlier termination of this Agreement.
ARTICLE 13 — NOTICE
13.1 Any notice required under this Agreement shall be personally delivered, mailed in
the United States mail, first class postage prepaid, or sent via facsimile provided an
original is also promptly delivered to the appropriate party at the following addresses:
The Owners: Owner's Project Manager
Ron Siebert, Facilities Project Manager
P.O. Box 850
Eagle, Colorado 81631
8
(970) 328 -8881 (p)
(970) 328 -8899 (f)
and a copy to: Eagle County Attorney
P.O. Box 850
Eagle, Colorado 81631
(970) 328 -8685 (p)
(970) 328 -8699 (f)
The Contractor: Oldcastle SW Group, Inc.
dba B &B Excavating
Chip Bair
P.O. Box 4870
Eagle CO 81631
(970) 328 -1734 (p)
(970) 328 -1735 (f)
Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted
and confirmed received or, if transmitted after normal business hours, on the next
business day after transmission, provided that a paper copy is mailed the same date; or
three days after the date of deposit, first class postage prepaid, in an official depositary of
the U.S. Postal Service.
ARTICLE 14 — INDEPENDENT CONTRACTOR
14.1 It is expressly acknowledged and understood by the parties hereto that nothing
contained in this Agreement shall result in, or be construed as establishing an
employment relationship. Contractor shall be, and shall perform as, an independent
contractor. No technician, agent, subcontractor, employee, or servant of Contractor shall
be, or shall be deemed to be, the employee, agent or servant of Owners. Contractor shall
be solely and entirely responsible for its acts and for the acts of its subcontractors,
technicians, agents, employees, and servants during the performance of this agreement.
Contractor shall not represent, act, purport to act or be deemed the agent, representative,
employee or servant of Owners.
/ / /THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY.
SIGNATURE PAGE FOLLOWS. ///
9
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate on
the day and year first set forth above. One counterpart each has been delivered to
Owners, Contractor and Project Manager. All portions of the Contract Documents have
been signed or identified by Owners and Contractor.
• GLE COUNTY COLORAD • B and Through
of ^ • RD OF C •A` Y I *NERS
ATTEST: =� /
,z! 4110"'
"` - •, Chairman
Clerk to the Boar of .ate F• f N (,t
County Commissioners
1 1 tc.Q v
EAGLE COUNTY SCHOOL DISTRICT RE-501J
By: U 114-44/„--
Philip Onofrio, Chief Financial Officer
Eagle County School District RE -501J
SPI GOLF, St
BY s r<:. •,
Johann: s aessler, President
01dccastle SW Group, Inc., dba
CONTRACTOR: B & Excavating
By :
Name: Kyle Alpha
Title: General Manager
CONTRACTOR IS REQUIRED TO HAVE ITS SIGNATURE NOTARIZED
STATE OF COLORADO )
) SS
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me' V t �, . &O\ e
of d 6 a Y.cc,..tic 4,..j.n 0 , on this it —day of S tep�em wee -2012
My commission expires: 3 ° 3.. 1S
1/�•_�1� -c }, ��-� J DEBBIE WEAVER
NOTARY PUBLIC
Notary Public STATE OF COLORADO
10
m">z
BID DRAWING SET
HOWARD DITCH
PHASE 1 IMPROVEMENTS
EDWARDS, COLORADO
MARCH 2012
r"Ig /i I rr il et s ' 1 E j ✓ { J b :r _
F J r
p.
r V
< I ✓ ^ - `i p P, �. t� f���1 i t t r � � f J,� .. \ � t rl i I �`r : 1, r fi s � ,• fb X \ � � '
ij�l`i [ (,✓,, l t // a d I "✓I!C � / / i I ( ti✓� zli 1 � ! r � � � L r' x
x� �....: ,i - •., < - ( s ? > ��/' . I r t n t 1 I � rg ' � l as ' \ r , .� r �r 4 € r p � !�! � a r 7
w�\ +�+r2 �• lb.� „ ✓ c I� 11. }� 1 I I�flr "JLJ
J'y 3 } r ^� ✓ _.. i E' e�. F s € .I� „ ... I r . ! r ri y J i. �) 1 4S / T "r ') § C,., I r }+. *t t
�-+i ✓ ... 1 k } h`e , €
1 .k7NE CRBEICPIP�`',� $IRI� t J ( �- J nl { s l -'
,="5 F - s V �CftO§SfNG }}��1CATION't ✓ r T I WING C'1� y,� I )� �� v ✓ I /r
$EE'1jI�AVNJ130110
EDWARD
,
`�.,"�.(�
J�, � , � �t ! r CIS ���„ —• r^ i_ r � t 1� }• '`, 1 Cr~ / ! .'!)
-�.� )Y J ,r.-±` 1 `` )„b : >r,.,e 1 I I \
kt ''< r�l (t. 1� 4 ka J t ) r '*' 1'T '- r1 ,ryur %�` AY IfBf ,' ` ✓ Az \
�II r' I^1 r_ r r. r '.i t :-r I 7 f �c / } r J� <c ,- 1 >. r A tt^t•,+�. '.. H 7ti 'uy ..� -
A
� r €,.'H�,° i ! i ,/ , "v�r r� ir” ,? 'r"� i � � t s r °� �r`'�I" 1 } h,3 J:Y � ��.. i�� r `��i, :,, .r ' i '
r r
EAGLE COUNTY
PKUJtUI LUL;AI ION MAP
._
o
zwo' woo' <000'
Ganes CO USA
P.O. BOX 850
80222
SHEET NO.
DRAWING NO.
TITLE
1
G001
SITE LOCATION AND SHEET INDEX
2
G002
GENERAL NOTES AND SUMMARY OF QUANTITIES
3
C100
SIPHON PLAN AND PROFILE
4
C710
JUNE CREEK PIPE CROSSING PLAN AND PROFILE
5
C500
SITE DETAILS
EAGLE COUNTY
SWnteo ConsuXhlq
._
FACILITIES MANAGEMENT
'
Ganes CO USA
P.O. BOX 850
80222
BIG,
_ --
3289 COOLEY MESA ROAD. BUILDING A
BASIS OF BEARINGS
Fee 303 758 4828
GYPSUM CO. 81637
,
STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NAD83.
A'� SITE LOCATION AN i
GL= COUNTY
m ee .nae r<aH
PROJECT CONTACT INFORMATION
%<a«ia,
Iqr ab me arv.ing -
me< auwl a.iw.
FACIURES PROJECT MANAGER RON SIEBERT
(970) 328 -8881
IN
SWnteo ConsuXhlq
._
2000 South C910md0 BNd. Suite 2 -3W
'
Ganes CO USA
80222
BIG,
_ --
H. 303 758 4058
BASIS OF BEARINGS
Fee 303 758 4828
ALL BEARINGS ARE GRID COORDINATES OF THE COLORADO
•nrslOnleetam
STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NAD83.
A'� SITE LOCATION AN i
CWj*t RawrveO
m ee .nae r<aH
o..e 1., 11 a . .
npo
%<a«ia,
Iqr ab me arv.ing -
me< auwl a.iw.
ow moM Oe rto... t a0
pod e m
, a < la
m eaor
am amni ^9a a,< me v,ov.dr a
a - -
11, mao �a n'IO Iem.< a
o. mom 4 uam:.
—
< lay aw a�,wm am., Ilwn um
io�Naae..
IN
slU CG9nUPzoject
E EAGLE COUNTY
M
HOWARD DITCH
BIG,
_ --
PHASEIIMPROVEMENTS
BASIS OF BEARINGS
C H EDWARDS, CO
ALL BEARINGS ARE GRID COORDINATES OF THE COLORADO
J
fir" T
STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NAD83.
A'� SITE LOCATION AN i
RevOim
e
MW
rr.uuoo
ELEVATIONS ARE BASED ON BENCHMARK GPS 003, DESCRIBED
", PmjaC NIL Srak
AS AN EAGLE COUNTY SURVEY DISK LOCATED AT THE SCENIC
OVERLOOK OF EDWARDS ON EASTBOUND 1 -70 NEAR MILE
r y�. 187308W ASN
MARKER 161. ELEVATION m 7207.0 FT (NAVD88)
Orawrg No. stoat
y 'r
3 G001 1 5
of
--
- --
-
FOi &0
49110'$$V[0
e
Mae.
ee.a
rr.uumo
1? n' Name: 0&505C -CWFP
5U1 F_
LL
1}0319
Onn. chkd.
.,
ae.M 00
R&Ww
A
slU CG9nUPzoject
E EAGLE COUNTY
M
HOWARD DITCH
PHASEIIMPROVEMENTS
BASIS OF BEARINGS
C H EDWARDS, CO
ALL BEARINGS ARE GRID COORDINATES OF THE COLORADO
J
fir" T
STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE. NAD83.
A'� SITE LOCATION AN i
SHEETINDEX
BASIS OF ELEVATIONS
J
ELEVATIONS ARE BASED ON BENCHMARK GPS 003, DESCRIBED
", PmjaC NIL Srak
AS AN EAGLE COUNTY SURVEY DISK LOCATED AT THE SCENIC
OVERLOOK OF EDWARDS ON EASTBOUND 1 -70 NEAR MILE
r y�. 187308W ASN
MARKER 161. ELEVATION m 7207.0 FT (NAVD88)
Orawrg No. stoat
y 'r
3 G001 1 5
of
R&Ww
A
GENERAL CONSTRUCTION NOTES
1, ME CONTRACTOR SHALL GIVE THE OWNER SEVENTY -TWO (72) HOURS
ADVANCE NOTICE PRIOR TO THE COMMENCEMENT OF ANY
CONSTRUCTION ACTIVITIES.
2. THE CONTRACTOR SHALL OBTAIN AT HIS OWN EXPENSE ALL PERMITS
AND LICENSES NECESSARY TO COMPLETE THE WORK.
3. ME LOCATION OF ALL UTIUMES SHALL BE VERIFIED BY THE
CONTRACTOR PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL
COORDINATE MTH THE APPROPRIATE UTILITY COMPANIES AS REQUIRED.
ALL UTILITIES SHALL BE PROTECTED IN PLACE DURING CONSTRUCTION.
4. ME CONTRACTOR SHALL FOLLOW ALL APPLICABLE SAFETY
PRECAUTONS DURING CONSTRUCTION. INCLUDING BUT NOT UNITED TO
SIGNAGE. SECURITY AND EXCAVATIONS AS SET FORM BY OSHA
PUBLICATION 2226. 'EXCAVATING AND TRENCHING OPERATIONS'.
5, THE STABILITY OF EXISTING STRUCTURES AND SLOPE STABILIZATION
ARE SOLELY THE RESPONSIBILITY OF THE CONTRACTOR AT ALL TIMES.
6. IF, DURING THE CONSTRUCTION PROCESS, CONDITIONS ARE
ENCOUNTERED WHICH COULD INDICATE A SITUATION THAT IS NOT
IDENTIFIED IN THE PLANS OR SPECIFICATIONS. ME CONTRACTOR
SHALL CONTACT THE OWNER IMMEDIATELY.
7. THE CONTRACTOR SHALL HAVE ONSIM AT ALL TIMES ONE (1) SIGNED
COPY OF THE APPROVED PLANS, ONE (1) COPY OF ME APPROPRIATE
STANDARDS AND SPECIFICATIONS, AND A COPY OF ANY PERMITS AND
EXTENSION AGREEMENTS NEEDED FOR THE PROJECT.
8. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL LABOR AND
MATERIALS NECESSARY FOR THE COMPLETION OF THE IMPROVEMENTS
SHOWN ON THESE DRAWINGS OR DESIGNATED TO BE PROVIDED.
INSTALLED, OR CONSTRUCTED, UNLESS SPECIFICALLY NOTED
OTHERWISE.
9. THE CONTRACTOR SHALL PERFORM ALL WORK IN ACCORDANCE ME
EAGLE COUNTY REGULATIONS AND THE COLORADO DEPARTMENT OF
TRANSPORTATION 'STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE
CONSTRUCTION'. 2011 EDITION, UNLESS SPECIFICALLY NOTED
OTHERWISE, IN CASES OF CONFLICT. TIE MORE STRINGENT STANDARD
SHALL APPLY.
10. WASTE MATERIALS SHALL BE DISPOSED OF BY THE CONTRACTOR AT
NO ADDITIONAL COST TO THE OVMER, IT SHALL BE THE
RESPONSIBIUTY OF THE CONTRACTOR TO OBTAIN A DISPOSAL SITE
FOR ALL UNUSABLE MATERIAL, CLEARING AND GRUBBING MATERIALS.
AND DEMOLITION MATERIALS.
11. THE CONTRACTOR SHALL ENSURE THAT NO DIRT OR DEBRIS IS
TRACKED ONTO EXISTING PAVED STREETS. ANY DIRT OR DEBRIS
TRACKED ONTO STREETS MUST BE REMOVED IMMEDIATELY.
12. THE CONTRACTOR SHALL COMPLY WITH ALL TERMS AND CONDITIONS
OF THE COLORADO PERMIT FOR 'STORMWATER DISCHARGES
ASSOCIATED WITH CONSTRUCTION ACTIVITIES' AND ME EROSION
CONTROL PLAN, IF APPLICABLE, CONTACT COLORADO DEPARTMENT OF
PUBLIC HEALTH AND ENVIRONMENT, WATER QUALITY CONTROL DIVISION,
(303) 692 -350D.
13. THE CONTRACTOR SHALL CONSTRUCT OR PROVIDE A CONCRETE
WASHOUT AREA THAT CONFORMS WIM ME COOT EROSION CONTROL
At STORMWATER QUALITY GUIDE.
14. THE CONTRACTOR SHALL BE RESPONSIBLE FOR RECORDING AS -BUILT
INFORMATION ON A SET OF RECORD DRAWINGS KEPT ON ME
CONSTRUCTION SIZE AND AVAILABLE TO THE OWNER'S INSPECTOR AT
ALL TILES.
15. DIMENSIONS FOR LAYOUT AND CONSTRUCTION ARE NOT TO BE SCALED
FROM ANY DRAWING. IF PERTINENT DIMENSIONS ARE NOT SHOWN.
CONTACT TIE DESIGNER FOR CLARIFICATION AND ANNOTATE THE
DIMENSION ON ONE HARD COPY AND ONE DIGITAL SET OF THE
AS -BUILT RECORD DRAWINGS.
16. UPON COMPLETION OF CONSTRUCTION, ALL DISTURBED AREAS SHALL
BE CLEANED AND RESTORED TO A CONDITION THAT EQUALS OR
EXCEEDS THAT WHICH EXISTED BEFORE CONSTRUCTION, OR TO ME
GRADES AND CONDITION AS REQUIRED BY THESE DRAWNGS.
17. RESEED ALL DISTURBED AREAS WITH A NATIVE DRYLAND SEED MIX
APPROVED BY ME OWNER.
18, ALL EXISTING UTILITIES AND IMPROVEMENTS. INCLUDING BUT NOT
LIMITED TO FENCES, TREES, STREETS, SIDEWALKS, CURBS, GUTTERS,
AND LANDSCAPING THAT ARE DESTROYED, DAMAGED OR REMOVED DUE
TO CONSTRUCTION OF THIS PROJECT SHALL BE REPLACED OR
RESTORED IN LIKE KIND AT ME CONTRACTOR'S EXPENSE PRIOR TO
ACCEPTANCE OF ME WORK.
19. EXCESS EXCAVATION Si BE SPREAD ON 511E AND SEEDED IN
AREA(S) DESIGNATED BY ME PROJECT MANAGER.
20. LOCATES ARE CONTRACTOR'S RESPONSIBILITY,
21. LIMITS OF DISTURBANCE ON GOLF COURSE TO BE DEFINED DURING
PRE -BID WALK THROUGH.
22 WORK TO BE COMPLETED BY JUNE 1. 2012.
SUMMARY OF APPROXIMATE QUANTITIES
SIPHON JUNE CREEK
CROSSING
ITEMNO.
DESCRIPTION
QUANTITY
UNR
i
Mebllizalion
1
P
2
Cleadngand Grabbing
1
IS
3
Removal of Swdures and Mat
1
US
4
Structure&ravation
769
a
5
Smulure Backfill
502
a
6
Siltfence
920
IT
7
Concrete Wasboul5tmtture
i
FA
8
Pennanent5eeding&MulcM1In,
019
AC
9
Erosion Control Olonkep 51raw /Coconut
32
SY
10
4V Steel Pipe
IF
11
2V PVC Pipe
914
LF
12
24'PVC Tee &$1pton A cod ss Cover Attu mIT,
1
IS
13
Pipe Bedding Material
145
CY
14
Concrete
2
a
15
Reinforcement
150
LB
16
Trash Guard Complete In Place
1
EA
17
Improve Edi Access Road
i
P
is
Bond, Payment, and Prefomlance
1
LS
QUANTITY UNIT
LS
] LS
IS
2 CY
1 Cr,
70 IF
EA
0.1 AC
SY
30 1F
LS
CY
CY
US
EA
IS
LS
Stantec Consulthi
2000 South Colorado Bra, Suite 2 - 300
Denver CO USA
00222
W. 303.758,4058
Far. 303.758.4828
_e'lanteeeam
Tire Len vclor stop e,N eM Ov v
n ae Evr n oversees Be
NOT stole loe due, - or, coon or orrdesune that rerepmol to
Slontm egai etl%
the Co,11, to all d,o, end lure.ps are Ue propeXy a1
Elam - e.pruemuvn or 50 for am P"P :e omcr coon that
amsar.= e h Sall. �a 1INeaen.
NOTES
Lr a
r
of boa, rr.MU DD
1
h.„z _ _ __ ________ __
/, rSSVED rOfl &0 ll E.M. 1]03.J0
r�� IssueO e a—e. nuuvv
Y "g F< flame: 08595C— t10IE5.DWL SIH EM LL 1101191
An cove. 771, 11'H400
EAGLE COUNTY
HOWARD DITCH
PHASEIIMPROVEMENTS
EDWARDS, CO
GENERAL NOTES AND
w SUMMARY OF QUANTITIES
.. Plgect� Scale
f�J 187308585 AS NOTED
�' rp Draevlg No. Sheet ftevBbn
GQQZ 2of5 A
5D:_
�-------------- \ _.x7300 =r
- END 24' PVC PIPE
RED 66C. A2
1 542 BE'
-
_ i
CERO_A '- OETNL3 DRAW
THE SOUTH SIDE O J.LON
-
THE SOUTH SIDE OF STA. 6 +69 23
ERVICE- ROADN— $
N 1,660502. 59
E2J0233fi 91
EAGLE RIVER ..
FLOW
X23 44'
R 2 �0\
-- _ L-44
T= 22 46' \ \
L =443.
4.]8 \
Ni
7:
72
73
73
z
z
73 .
F
73
8 +00
5 +0D 4 +00
SIPHON PROFILE
1' =50'
1 +OD
7350
7345
]340
z
7330 5
a
w
7325
F es^' S Consulting
IN
L „ 2000 South Colomeo Blvd S,Re 2 -30D
D<AV<. c0 usn
G,
IH. 303' 4058
y L"L Fa }OS J584828
,nn.zlvnle<.mm
stamK
S
CuP11igA1 Reserved
Wi I t: ,
M1 a g M <nors o. om<amna <M1nN p< , <poded to
.e v to, 4m�nq< <,e ue pmpenv er
st r:<i W stem« < m:u a.� <M p "•°"< emo mw, m <I
a
NOTES
1. HEADWALL T RACK TO BE COOT
STANDARD 616 -i.
SipNDAflO M SEE E DETAIL 1. GNAWING C500.
2. PVC PIPE TO BE COMMON A -2000 PVC PIPE OR
APPROVED EQUAL
3 PVC PIPE TO BE INSTALLED PER TRENCH DETAIL 2,
CRAVING C500 AND CONTECH A -20M INSTALLATION
GUIDE
+ 4 THE MAXMUM DEFLECTION AT PIPE JOINT IS 1.5 - IN ANY
�<�^� OIRECPON.
L is 5. PLACE ENONE SipNDAflO A -20M DOUBLE CASKET ON ME
*"` Pt
IPE D TO BE CAST INTO HEADWALL. REFERENCE PAGE
13 OF THE A -2000 INSTALLATION MANUAL 'NON
FLEXIBLE MANHOLE CONNEQNONS'.
F: 6. CONTRACTOR SHALL REMOVE AND DISPOSE OF LEGALLY
'r EXISTING SIPHON HEADWALL AND TRASH RACK.
J CONTRACTOR SHALL REMOVE AND DISPOSE OF LEGALLY
+] ALL EXISTING STEEL PIPE AND FITTINGS LOCATED WHIN
ME EXCAVATED TRENCH FOR THE NEW PIPEONE.
Dom' B. TOPOGRAPHIC CONTOURS PRE BASED ON AIRBORNE LIDM
L SURVEY AND ARE CONSIDERED APPROXIMATE.
9 CONTRACTOR SHALL VERIFY EXI IPE INVERTS M1H
PROJECT MANAGER PRIOR TO REMOVAL OF ME
BA TO R
E%ISRNC PIPE
10 CONTRACTOR SHALL PROTECT EXISTING TREES AND
,\ VEGETATION TO ME MAXIMUM EXTENT PRACTICABLE.
'1 CONTRACTOR SHALL IDENTIFY ALL TREES TO BE TRIMMED
�1 OR REMOVED AND OBTAIN APPROVAL FROM ME PROJECT
MANAGER PRIOR TO CLEARING AND GRUBBING.
11. NO HEADWALL IS TO BE INSTALLED AT ME SIPHON
U1 OUTLET IN ORDER TO FACILITATE FUTURE PIPE
INSTALLATION IN ME DITCH. FINISHED SLOPES AT ME
E e7 OUTLET SHALL BE SEEDED AND COVERED WITH EROSION
{3 CONTROL BLANKET. IF ME EXISTING LARGE ROCKS AT
.-^-i ME OUTLET ARE DISTURBED. THEY SHALL BE RESET IN
PLACE.
w V 12. HORIZONTAL LENGTHS OF PIPE LISTED. SLOPE LENGTHS
fA SLIGHTLY GREATER.
r
Tub
�s
,..^; Revlsim ev Apes. rr.uMVD
K
FY °J A
I FOR so
By 6N.. IzoJlo
Isusd B Appe. rr.vuoo
N
Fo Nerse: oessm- EPARI- pe,I). _ [ a Iz_iu
rr.Mwoo
P¢mulSeal
EAGLE COUNTY
HOWARD DITCH
PHASEIIMPROVEMENTS
EDWARDS, CO
7320
SIPHON PLAN AND PROFILE
Pmjed NO. Scale
187308585 AS NOTED
Drawing NO. Street Reusbl
cloo 3of5 A
c 'o
�FFO
f { 0
0,352 1
227 03 , A � tvI \ ��
_
BEGIN 0 + P
V A PVC PIP
(dOD 'EADWA
MD CTC,
^v- .ASH ACN
YsEE/ND i
J b �'
SILT FENCE Q CE A NO
THE SOUTH SID F ^T'
SERVICE ROAD)
\ N 1,660232]0
0294239
73:
731
8 +00
5 +0D 4 +00
SIPHON PROFILE
1' =50'
1 +OD
7350
7345
]340
z
7330 5
a
w
7325
F es^' S Consulting
IN
L „ 2000 South Colomeo Blvd S,Re 2 -30D
D<AV<. c0 usn
G,
IH. 303' 4058
y L"L Fa }OS J584828
,nn.zlvnle<.mm
stamK
S
CuP11igA1 Reserved
Wi I t: ,
M1 a g M <nors o. om<amna <M1nN p< , <poded to
.e v to, 4m�nq< <,e ue pmpenv er
st r:<i W stem« < m:u a.� <M p "•°"< emo mw, m <I
a
NOTES
1. HEADWALL T RACK TO BE COOT
STANDARD 616 -i.
SipNDAflO M SEE E DETAIL 1. GNAWING C500.
2. PVC PIPE TO BE COMMON A -2000 PVC PIPE OR
APPROVED EQUAL
3 PVC PIPE TO BE INSTALLED PER TRENCH DETAIL 2,
CRAVING C500 AND CONTECH A -20M INSTALLATION
GUIDE
+ 4 THE MAXMUM DEFLECTION AT PIPE JOINT IS 1.5 - IN ANY
�<�^� OIRECPON.
L is 5. PLACE ENONE SipNDAflO A -20M DOUBLE CASKET ON ME
*"` Pt
IPE D TO BE CAST INTO HEADWALL. REFERENCE PAGE
13 OF THE A -2000 INSTALLATION MANUAL 'NON
FLEXIBLE MANHOLE CONNEQNONS'.
F: 6. CONTRACTOR SHALL REMOVE AND DISPOSE OF LEGALLY
'r EXISTING SIPHON HEADWALL AND TRASH RACK.
J CONTRACTOR SHALL REMOVE AND DISPOSE OF LEGALLY
+] ALL EXISTING STEEL PIPE AND FITTINGS LOCATED WHIN
ME EXCAVATED TRENCH FOR THE NEW PIPEONE.
Dom' B. TOPOGRAPHIC CONTOURS PRE BASED ON AIRBORNE LIDM
L SURVEY AND ARE CONSIDERED APPROXIMATE.
9 CONTRACTOR SHALL VERIFY EXI IPE INVERTS M1H
PROJECT MANAGER PRIOR TO REMOVAL OF ME
BA TO R
E%ISRNC PIPE
10 CONTRACTOR SHALL PROTECT EXISTING TREES AND
,\ VEGETATION TO ME MAXIMUM EXTENT PRACTICABLE.
'1 CONTRACTOR SHALL IDENTIFY ALL TREES TO BE TRIMMED
�1 OR REMOVED AND OBTAIN APPROVAL FROM ME PROJECT
MANAGER PRIOR TO CLEARING AND GRUBBING.
11. NO HEADWALL IS TO BE INSTALLED AT ME SIPHON
U1 OUTLET IN ORDER TO FACILITATE FUTURE PIPE
INSTALLATION IN ME DITCH. FINISHED SLOPES AT ME
E e7 OUTLET SHALL BE SEEDED AND COVERED WITH EROSION
{3 CONTROL BLANKET. IF ME EXISTING LARGE ROCKS AT
.-^-i ME OUTLET ARE DISTURBED. THEY SHALL BE RESET IN
PLACE.
w V 12. HORIZONTAL LENGTHS OF PIPE LISTED. SLOPE LENGTHS
fA SLIGHTLY GREATER.
r
Tub
�s
,..^; Revlsim ev Apes. rr.uMVD
K
FY °J A
I FOR so
By 6N.. IzoJlo
Isusd B Appe. rr.vuoo
N
Fo Nerse: oessm- EPARI- pe,I). _ [ a Iz_iu
rr.Mwoo
P¢mulSeal
EAGLE COUNTY
HOWARD DITCH
PHASEIIMPROVEMENTS
EDWARDS, CO
7320
SIPHON PLAN AND PROFILE
Pmjed NO. Scale
187308585 AS NOTED
Drawing NO. Street Reusbl
cloo 3of5 A
c 'o
�FFO
f { 0
0,352 1
227 03 , A � tvI \ ��
_
BEGIN 0 + P
V A PVC PIP
(dOD 'EADWA
MD CTC,
^v- .ASH ACN
YsEE/ND i
J b �'
SILT FENCE Q CE A NO
THE SOUTH SID F ^T'
SERVICE ROAD)
\ N 1,660232]0
0294239
STA. 17 +89.62
N 1,660.3
E'2.701.281 84
T 0100
A v
4
x
4
STA. 18 +09.62
x (SEE NOTE STEEL PIPE
x
STA. 18 +39.62 x \
END 42" STEEL PIPE
(SEE NOTE 1) <
r >
\ /q
' s +p
- - -' SILT FENCE—'
_ 1
S � v
T
' I r
STA, Te +5B..
V
-- - - - -_- E 2,70t.1,660,219.16 -- ^ -'�: -/
E 219.tfi
\1
JUNE CREEK CROSSING PLAN
7342
7340
7338
7336
0 7334
w
7332
7330
7328
18 +60
EXIST
JUNE CREEK CROSSING PROFILE
0 5 IT 10'
X0RIZ0.N iAL
1'.Y aaaaaaaa� �
n uarri -�
sTT+ncAc
IB +IU IU +UU
17 +90
7342
7340
7336
7336
7334 p
a
7332
7330
7328
Stantac ConsuNllg
2000 Sotth Coiomeo BN& Suite 2 -100
Do,— CO USA
80222
N. 303.758.4058
Fs., 303,75B.4828
— stontec mm
.n mowolo, a.t .eery o.e to , .oe.re a m. a 4..ms>m. 00
IWT sso4 mo e,o:.q s" a ^o s c, om fac.a anon he "W., to
Stomae ah.ul "Is'
me Coq grata to w II em:9^a a e d—, on ie ° en`in of
a toea. a. am.. I.,, 10 y wo os, a a. m m
wn axed W Sta ttc a lomme.e w
NOTES
1. STEEL PIPE TO HAVE A MIN. WALL THICKNESS OF
1/4' AND SHALL BE LINED WITH COAL TAR EPDXY
OR APPROVED EQUAL.
2. CONTRACTOR SHALL REMOVE AND DISPOSE OF
EXISTING CMP AND TRASH RACK.
3. TOPOGRAPHIC CONTOURS ARE BASED ON AIRBORNE
UDAR SURVEY AND ARE CONSIDERED APPROXIMATE.
4. CONTRACTOR SHALL VERIFY EXISTING PIPE INVERTS
WITH THE PROJECT MANAGER PRIOR TO REMOVAL
OF THE EXISTING PIPE.
5. CONTRACTOR SHALL PROTECT EXISTING TREES AND
VEGETATION TO THE MAXIMUM EXTENT
PRACTICABLE. CONTRACTOR SHALL IDENTIFY ALL
TREES TO BE TRIMMED OR REMOVED AND OBTAIN
APPROVAL FROM THE PROJECT MANAGER PRIOR TO
CLEARING AND GRUBBING.
6. STATIONING IS A CONTINUATION OF THE STATIONING
ESTABLISHED FOR THE SIPHON.
3
�
F M
82
ro a.
rr.uNOo
3
Imm
By
Ppp o.
nNV 00
rv'3
�" -^" » � (iie (lame: 09595x - Etch amxs -O0.E =9
�lN EM
lL
iR 0I 19
�.
o.or cola.
mq..
NiA2
teh„ PernutZeal
EAGLE COUNTY
HOWARD DITCH
PHASEIIMPROVEMENTS
EDWARDS, CO
TNe
JUNE CREEK PIPE CROSSING
PLAN AND PROFILE
Pmjw NO. Scale
187308585 AS NOTED
OR" No. Shoal
C110 4of5
Resisbn
A
roE mulnm
P�uDlsas
IH
d
P
L
Il
1' -6
Y -V
I' -6'
16
2' -r
3'-0'
2' -1'
24
r-O
4
2 -6
PRE - EXCAVATION DENSITY
(LENGTH TO BE DETERMINED IN FIELD)
LD 24" SOR -35 PVC FLANGE
JOIN
M Iss11Ea FPR BP
S' -r
e
201..10
Is9DeG
9y
HE DWAI I DIMENSIONS
u
EI:GF]:lM� /l:U1lTL.1�.49[ ].F1�.TE=i1pAT�iL71Lj
PIPE EMBEDMENT
MATERIAL SPECIFICATIONS
CONCRETE SUPPORT BLOCK
A -2000 SDR -35 24" TEE
C MINIMUM 6'
MAXIMUM 12
If construction traF£ic cr.sPoo over the pipe, cover in
accordance with ASTM 02321, Section 7.6.
BOND BREAKER
PROFILE VIEW
�1 DETAIL
PIPE TRENCH
N.T.S.
COMPACTED SUBGRADE
K;'\
SIPHON ACCESS AND
DRAIN FLANGE
N.T.S.
Stantet, Consulerg
2000 Sevth Colonel. R,d. S l0 2 -300
Denver CD USA
80222
N. 303.]58 4058
Po,, 303758.4828
NNom�__ rvr.'W'a' r
�1
CaW011esslveG
1h, Evel —te, el oa y � -lynnr vM o' rt lrenrinla le, all N�'P a I 14, —1, Ine arn 'non or oevul'e anen ne nponee to
Zone, .unem In ,
IDe coe'gm: to or Myna e e me I,, I,,'rearm el
smmee Re'rleve4 am m e, e, lo, W,W a vu„ IMn mot
ovllvl sse hr some, I: r e,
MAN
Eyx
E?
ruf = ='=, RmiMm
a
404
rr..0 PP
X➢EM
W]16
U81
J
FINAL 61' MIN.
Y
/ EXCAVATED MATERIAL
BACKFILL
PIPE BARREL
COMPACTED TO ORIGINAL
24' SDR -35 PVC PIPE
PRE - EXCAVATION DENSITY
(LENGTH TO BE DETERMINED IN FIELD)
LD 24" SOR -35 PVC FLANGE
JOIN
M Iss11Ea FPR BP
•
e
201..10
Is9DeG
9y
roGa
DD
SNEER (DRILLED TO MATCH EXIST. FLANGE)
\
6 MIN
ASTM 02564 GE WASHER SUPPORT
BACKFILL
11
e`
/
BACKFILL
OF RANGE
ZONE
\
e. se
MATERIAL ASTM I.II.III
FULL -FACE RUBBER
Hnterinis, Iner.lonB
NEW C I
GASKET AST RON BLIND FLANGE
\
Native Solt (Class N
W /DRAIN TAP, USE NEW BOLTS,
e
N accordance rIth
NUTS, WASHERS TO MATCH EXIST.
e
h
ASTM 82321
SIZE AND TYPE
HAUNCHING
ZONE
-
%
.!•
'
PLAN VIEW
HAUNCHING
ROAD BASE MATERIAL
\
MATERIAL
BEDDING ZONE
/ I
'.CODING ROAD BASE MATERIAL
C MINIMUM 6'
MAXIMUM 12
If construction traF£ic cr.sPoo over the pipe, cover in
accordance with ASTM 02321, Section 7.6.
BOND BREAKER
PROFILE VIEW
�1 DETAIL
PIPE TRENCH
N.T.S.
COMPACTED SUBGRADE
K;'\
SIPHON ACCESS AND
DRAIN FLANGE
N.T.S.
Stantet, Consulerg
2000 Sevth Colonel. R,d. S l0 2 -300
Denver CD USA
80222
N. 303.]58 4058
Po,, 303758.4828
NNom�__ rvr.'W'a' r
�1
CaW011esslveG
1h, Evel —te, el oa y � -lynnr vM o' rt lrenrinla le, all N�'P a I 14, —1, Ine arn 'non or oevul'e anen ne nponee to
Zone, .unem In ,
IDe coe'gm: to or Myna e e me I,, I,,'rearm el
smmee Re'rleve4 am m e, e, lo, W,W a vu„ IMn mot
ovllvl sse hr some, I: r e,
MAN
Eyx
E?
ruf = ='=, RmiMm
a
404
rr..0 PP
X➢EM
W]16
U81
J
d
Y
(�
M Iss11Ea FPR BP
LL
E
201..10
Is9DeG
9y
roGa
DD
filelbre. 0 a PA
SH H
11
12UIR
i � '
O, n. CnYe.
Wgn.
W.NN.pp
CBonl)Pr*d
EAGLE COUNTY
HOWARD DITCH
PHASEIIMPROVEMENTS
EDWARDS, CO
We
SITE DETAILS
787308585 AS NOTED
Drawing ND. sheet R2Y6p0
C5 00 5 A
GENERAL NOTES
1. SIPHON DUN, VALVE AND VALVE BOX, AND TRASH GUARDS ME
TO BE PROVIDED ONLY WHEN CALLED FOR Oil THE PUNS.
2. CONCRETE SIVLL HAVE A MIN. COMPRESSNE STRENM OF
PICA PSI AT 28 DAYS,
3. All EXPOSED CONCRETE CORNERS SMALL BE CRAMMED 1 1, IN
4. THE LOCATION, SIZE. PIPE M00%. AND GOVERNING DIMENSIONS
OF SIPHONS WU_ BE SHORN ON THE PWIS,
S. COST OF JOINT SEA3ERS, GASRES, FITTINGS AND CONNECTIONS
SIV1L BE INCLUDED IN THE BID PRICE FOR SIPHON PIPE.
S. TRASH GUARDS AND APPURIENMCES SHNL BE GALVMIZED IN
CONFORMANCE " A<WTO M III.
HLAUWAL QUAl NHT 5
A MRIa6 FM Ma PVC
A aoucnm ro wE
HLAN VIEW
IxADdNL
�-I— � NA TAO
WiEE '. PPE SLLRE 10.Wf %' WPE 0.l
—IY .., (f N. PyN I
ntVlF • (—Ih
HINGE ASSEMBLY HINGE
PE 0
&F AMO
PWEE LS
da
tlKH9p6
X➢EM
W]16
U81
J
d
Y
(�
HLAUWAL QUAl NHT 5
A MRIa6 FM Ma PVC
A aoucnm ro wE
HLAN VIEW
IxADdNL
�-I— � NA TAO
WiEE '. PPE SLLRE 10.Wf %' WPE 0.l
—IY .., (f N. PyN I
ntVlF • (—Ih
HINGE ASSEMBLY HINGE
PE 0
&F AMO
PWEE LS
®VCFS
tlKH9p6
X➢EM
W]16
U81
J
d
Y
(�
TIP
1w 293
DETAIL
HEADWALL AND TRASH RACK
COOT (M- 616 -1)
N.T.S.
TRA5H GUARD OETAILS
6' s' -n-
,
HOWARD DITCH PHASE 1 IMPROVEMENTS
BID SCHEDULE - SIPHON
ITEM SECTION DESCRIPTION QUANTIT UNIT UNIT AMOUNT OF
NO. Y PRICE BID
1 100 Mobilization 1 LS = 'Z 4 S"1
2 201 Clearing and Grubbing 1 LS = ��' �0` 5z
3 202 Removal of Structures and Obstructions 1 LS 4 5!§3.!- - _ ? 3s553 V
4 206 Structure Excavation 769 CY =} bi f S
5 206 Structure Backfill 502 CY g' 2D BIZ = 4'D , s y
6 208 Silt Fence 970 LF @i/ 7 =$469,
7 208 Concrete Washout Structure 1 EA @464/1/C3 = $ (g9 Sa
8 212 Permanent Seeding & Mulching 0.9 AC g44/4141j ' J .�q7 yt
9 208 Erosion Control Blanket, Straw /Coconut 32 SY = f 43S- gj
10 707 42" Steel Pipe -- LF =1
8
11 624 24" PVC Pipe 914 LF *I fi �/ t 5 � --
12 900 24" PVC Tee & Siphon Access Cover Assembly 1 LS 44gS .4
13 703 Pipe Bedding Material 145 CY =46Z V- 4 06 3 9S
14 601 Concrete 2 CY = 4411 0 Z 4 q( 9 oL
15 602 Reinforcement 150 LB = 4Y L° A630
16 616 Trash Guard, Complete in Place 1 EA = ��L2�c/ - ¢� y 1.4/
17 Bond (Payment & Performance) 1 LS = 433075 -t, asc;71
TOTAL BID SCHEDULE Howard Ditch Phasel
// s
Improvements- Siphon (Items 1 -17) r /lr,J 3,/ Ck
a iif 5 Ki co x. D .
Bid Schedule.xls EXHIBIT
I
GENERAL CONDITIONS
•
1. Contractor shall provide and pay for labor, materials, equipment, tools, licenses,
transportation, and other facilities and services necessary for proper execution and
completion of the Work.
2. If Contractor fails to obtain the tax exemption(s) applicable to public works
projects from sales, consumer, use and similar taxes, Contractor shall pay the same.
Owners will cooperate with Contractor to obtain tax exemption for this project.
3. Contractor shall be responsible for having taken steps reasonably necessary to
ascertain the nature and location of the Work, and the general and local conditions which
can affect the Work or the cost thereof. Any failure by Contractor to do so will not
relieve it from responsibility for successfully performing the Work without additional
expense to the Owners . Owners assume no responsibility for any understanding or
representations concerning conditions made by any of its officers, employees or agents
prior to the execution of this Agreement, unless such understanding or representations are
expressly stated in the Agreement.
4. Before commencing activities, Contractor shall: (1) take field measurements and
verify field conditions; (2) carefully compare this and other information known to
Contractor with the Agreement; and (3) promptly report errors, inconsistencies or
omissions discovered to Owner's contract representative.
5. Contractor shall supervise and direct the Work, using Contractor's best skill and
attention. Contractor shall be solely responsible for and have control over construction
means, methods, techniques, sequences and procedures, and for coordinating all portions
of the Work.
6. Contractor, as soon as practicable, shall furnish in writing to the Owners the
names of subcontractors and suppliers for each portion of the Work.
7. No charge shall be made by Contractor for hindrances or delays from any cause
whatever during the progress of any portion of the Work, unless such hindrance or delay
is caused in whole or in part by acts or omissions within the control of Owners. In any
event, Owners may grant an extension of time for the completion of the Work, provided
it is satisfied that delays or hindrances were due to causes outside Contractor's control,
e.g., weather, or to acts of omission or commission by the Owners, provided that such
extensions of time shall in no instance exceed the time actually lost to Contractor by
reason of such causes, and provided further that Contractor shall have given Owners
immediate (as determined by the circumstances, but not exceeding 72 hours) notice in
writing of the cause of the detention or delay.
1
8. Contractor shall deliver, handle, store and install materials in accordance with
manufacturers' instructions.
9. Contractor warrants to Owners that: (1) materials and equipment furnished under
the Agreement will be new and of good quality; (2) the Work will be free from defects
not inherent in the quality required or permitted; and (3) the Work will conform to the
requirements of the Agreement.
10. Contractor shall comply with and give notices required by all federal, state and
local laws, statutes, ordinances, building codes, rules and regulations applicable to the
Work. If Contractor performs Work knowing it to be contrary to laws, statutes,
ordinances, building codes, rules or regulations without notice to Owners, Contractor
shall assume full responsibility for such Work and shall bear the attributable costs.
Contractor shall promptly notify Owners in writing of any conflicts between the
specifications for the Work and such governmental laws, rules and regulations.
11. Contractor shall keep the premises and surrounding area free from accumulation
of debris and trash related to the Work.
12. Contractor shall furnish performance bond and a separate labor and material
payment bond on forms acceptable to Owners, each in an amount at least equal to the
contract price as security for the faithful performance and payment of all Contractor's
obligations under the contract documents. In the event of any change order resulting in
the performance of additional work in connection with the Project, the amounts of such
bonds shall be increased by an amount equal to the cost of such additional work or
materials or fixtures to be incorporated in the Project. Copies of the bonds shall be
provided to the Owners' contract representative and shall be made payable to Owners.
These bonds shall remain in effect at least until one year after the date of final payment,
except as otherwise provided by law. All bonds shall be executed by such sureties as (a)
are licensed to conduct business in the state where the project is located, and (b) are
named in the current list of "Companies Holding Certificates of Authority as Acceptable
Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in
Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury
Department. All bonds signed by an agent must be accompanied by a certified copy of
the authority to act. If the surety on any bond furnished by Contractor is declared
bankrupt, or becomes insolvent, or its right to do business is terminated in any state
where any part of the project is located, or it ceases to meet the requirements of clauses
(a) and (b) of the preceding paragraph, Contractor shall within five days thereafter
substitute another bond and surety, both of which shall be acceptable to Owners.
Subcontractor bonds required by the Contractor shall not be included as a cost of Work.
13. Contractor shall be solely responsible for the protection of the Work and material.
Contractor shall have no claim against Owners because of any damage or loss to the
Work (except that caused by negligence of Owners or those for whom Owners are
responsible), and shall be responsible for the complete restoration of damaged Work to its
2
original condition. In the event Contractor's Work is damaged by another party, not
under its supervision or control, Contractor shall make its claim directly with the party
involved. If a conflict or disagreement develops between Contractor and another party
concerning the responsibility for damage or loss to Contractor's Work, such conflict shall
not be cause for delay in Contractor's restoration of the damaged Work.
14. Contractor's Insurance:
A. Contractor shall purchase and maintain such insurance as will protect it
from claims set forth below which may arise out of or result from Contractor's
operations under the contract, whether such operations be by itself, or by any of
its subcontractors, or by anyone directly or indirectly employed by any of them,
or by anyone for whose acts any of them may be liable. All such insurance shall
remain in effect until final payment, and at all times thereafter when Contractor
may be correcting, removing, or replacing defective Work. In addition,
Contractor shall maintain such completed operations insurance for at least one
year after final payment.
B. Insurance coverages shall be as follows:
Claims under Workmen's Compensation, disability benefits, and other similar
employee benefit acts, with coverage and in amounts as required by the laws of
the State of Colorado;
Claims for damage because of bodily injury, occupational sickness or disease, or
death of its employees, and claims insured by usual personal injury liability
coverage;
Claims for damage because of bodily injury, sickness or disease, or death of any
person other than its employees, and claims insured by usual personal injury
liability coverage; and
Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefrom.
Contractor's Liability Insurance issued to and covering the liability for damage
imposed by law upon Contractor and each subcontractor with respect to all Work
performed by them under this Agreement.
Contractor's Protective Liability Insurance issued to and covering the liability for
damages imposed by law upon Contractor and each subcontractor with respect to
all Work under this Agreement performed for Contractor by subcontractors.
Completed Operations Liability Insurance issued to and covering the liability for
damage imposed by law upon Contractor and each subcontractor arising between
3
the date of final cessation of the Work, and the date of final acceptance thereof
out of that part of the Work performed by each.
Comprehensive Automobile Insurance shall be carried in the amount of
$500,000/$1,000,000 for bodily injury and $500,000 for property damage, each
occurrence. All liability and property damage insurance required hereunder shall
be Comprehensive General and Automobile Bodily Injury and Property Damage
form of policy.
Comprehensive Risk Policy Option: In lieu of the several policies specified for
Contractor's Liability Insurance, a comprehensive liability and property damage
insurance policy inclusive of all the insurance and requirements herein set forth,
subject to the approval of the Owners, will be permissible.
Insurance covering claims for damages to persons or property required by the
preceding paragraph shall be in the following minimum amounts:
Bodily Injury Liability:
Each Person: $1,000,000
Each Accident or Occurrence: $2,000,000
Property Damage Liability:
Each Accident or Occurrence: $1,000,000
Aggregate: $2,000,000
Insurance shall be placed jointly in the names of the Owners, Contractor, and any
and all subcontractors, and any and all others obliged by contract with the Owners
to do Work on this project, and, at the Owners' option, any other person or
persons whom the Owners deem to have an insurable interest in said property, or
any part thereof, payable as their several interests may appear. Any proceeds
obtained from insurance provided for by this paragraph shall be paid to and held
by the Owner as trustee. The Owners shall have the right to withhold payment of
such proceeds until such time as the Work destroyed or damaged and covered by
such insurance shall be reconstructed and shall pay such proceeds on an
installment basis similar to that provided for by progress payments covering the
original Work.
C. Certificates of Insurance: Certificates of Insurance acceptable to the
Owners shall be filed with Owners with respect to each contractor and
subcontractor prior to commencement of the Work. These Certificates shall
contain provisions naming the Owners as an additional insured under Contractor's
insurance, as more fully required by the General Conditions herein, and that
coverage afforded under the policies will not be canceled until at least thirty days
prior written notice has been given the Owners. Contractor and its subcontractors
shall not permit any of its subcontractors to start Work until all required insurance
have been obtained and certificates with the proper endorsements have been filed
4
with the Owners. Failure of Contractor to comply with the foregoing insurance
requirements shall in no way waive the Owners' rights hereunder.
15. The Owners, at its option, may purchase and maintain such liability insurance as
will protect it against claims which may arise from operations under this contract.
Purchasing and maintaining such insurance, however, will not relieve Contractor from
purchasing and maintaining the insurance hereinbefore specified.
16. Before permitting any of its subcontractors to perform any Work under this
contract, Contractor shall either (a) require each of its subcontractors to procure and
maintain during the life of its subcontracts, Subcontractor's General Liability and
Property Damage Insurance of the types and in the amounts as may be applicable to its
Work, which type and amounts shall be subject to the approval of the Owners, or (b)
insure the activities of its subcontractors in its own policy.
17. To the fullest extent permitted by law, Contractor shall indemnify and hold
harmless Owners, and Eagle County Board of Commissioners, employees and the agents
of any of them, from and against claims, damages, losses and expenses, including but not
limited to attorneys' fees, arising out of or resulting from performance of the Work,
provided that such claim, damage, loss or expense is attributable to bodily injury,
sickness, disease or death, or to injury to or destruction of tangible property (other than
the Work itself) including loss of use resulting therefrom, but only to the extent caused in
whole or in part by negligent acts or omissions of Contractor, a subcontractor, anyone
directly or indirectly employed by them or anyone for whose acts they may be liable.
18. Progress Payments:
Not more often than once a month, Contractor shall submit to Owners an
application for payment filled out and signed by Contractor covering the work
completed as of the date of the application, and accompanied by such supporting
documentation as Owners may reasonably require. If payment is requested on the
basis of materials and equipment not incorporated in the work, but delivered and
suitably stored at the site or at another location agreed to in writing, the
application for payment shall also be accompanied by such data, satisfactory to
Owners, as will establish Owners' title to the material and equipment, and protect
Owners' interest therein, including applicable insurance. Each subsequent
application for payment shall include an affidavit of Contractor stating that all
previous progress payments received on account of the work have been applied to
discharge in full all of Contractor's obligations reflected in prior applications for
payment. The amount of retention with respect to progress payments will be as
stipulated in the Agreement.
Owners will, within ten days after receipt of each application for payment, either
indicate in writing a recommendation of payment, or return the application to
Contractor indicating in writing its reasons for refusing to recommend payment.
In the latter case, Contractor may make the necessary corrections and resubmit the
5
application. Owners shall, within ten days of recommendation of payment, pay
Contractor the amount recommended.
19. Contractor warrants and guarantees that title to all work, materials, and equipment
covered by any application for payment, whether incorporated in the project or not, will
pass to Owners at the time of payment free and clear of all liens, claims, security
interests, and encumbrances (in these General Conditions referred to as "Liens ").
20. Final Payment:
A. Upon written notice from Contractor that the work is complete, Owners
will make a final inspection with Contractor, and will notify Contractor in writing
of all particulars in which this inspection reveals that the work is incomplete or
defective. Contractor shall immediately take such measures as are necessary to
remedy such deficiencies.
B. After Contractor has completed all such corrections to the satisfaction of
Owners, and delivered all maintenance and operating instructions, guarantees,
bonds, certificates of inspection, Contractor may make application for final
payment following the procedure for progress payments. The final application for
payment shall be accompanied by all documentation called for in the contract
documents, and such other data and schedules as Owners may reasonably require,
together with complete and legally effective releases or waivers (satisfactory to
Owners) of all liens arising out of, or filed in connection with the work. In lieu
thereof, and as approved by Owners, Contractor may furnish receipts or releases
in full; an affidavit of Contractor that the releases and receipts include all labor,
services, material, and equipment for which lien could be filed, and that all
payrolls, material, and equipment bills, and other indebtedness connected with the
work, for which Owners or its property might in any way be responsible, have
been paid or otherwise satisfied; and consent of the surety, if any, to final
payment. If any subcontractor, manufacturer, fabricator, supplier, or distributor
fails to furnish a release or receipt in full, Contractor may furnish a bond or other
collateral satisfactory to Owners to indemnify Owners against any lien.
21. Final payment shall not become due until Contractor submits to Owners releases
and waivers of liens, and data establishing payment or satisfaction of obligations, such as
receipts, claims, security interests or encumbrances arising out of the Work. Final
payment is subject to the Final Settlement requirements and time periods set forth in
C.R.S. §38 -26 -107.
21.1 The Owners shall not authorize final payment until all items on the punch list
have been completed, the Architect issues its Final Certificate of Completion, the
Owners has received a Certificate of Occupancy from the local jurisdiction, the
Notice of Acceptance is issued, and the Notice of Contractor's Final Settlement
Date is published and at least 30 days have expired with no claims filed.
6
21.2. Before the Owners may advertise, Contractor shall:
A. Deliver to the Eagle County Project Manager for review:
1. All guaranties and warranties;
2. A letter confirming that sales taxes from which the County is
exempt have not been paid;
3. Two (2) complete bound sets of required operations and
maintenance manuals and instructions plus One (1) electronic copy
placed on an archival quality compact disk;
4. Two (2) full size sets of as -built drawings plus One (1) electronic
copy placed on an archival quality compact disk;
5. To the extent not already furnished, one copy of all corrected Shop
Drawings;
6. Satisfactory evidence that all payroll, material bills, and other
indebtedness connected with the Work have been paid or otherwise
satisfied;
7. A complete and final waiver and/or release of any and all lien
rights and liens from each subcontractor of all tiers, material, men,
supplier, manufacturer and dealer for all labor, equipment and
material used or furnished by each on the Work;
8. Consent of the surety to final payment; and
9. Any other documents required to be furnished by the Contract
Documents.
B. Demonstrate to the operating personnel of the Owners the proper
operation and maintenance of all equipment.
21.3. Upon completion of the foregoing, Contractor's Settlement shall be advertised in
accordance with Colorado law. On the date of final settlement thus advertised,
and after Contractor has submitted a written notice that no claims have been filed,
final payment and settlement shall be made in full.
21.4. Pursuant to C.R.S. §38 -26 -107, if any unpaid claim for labor, materials, rental
machinery, tools, supplies, or equipment is filed before payment in full of all
sums due Contractor, Owners shall withhold from Contractor sufficient funds to
insure the payment of such claim, until the same shall have been paid or
withdrawn, such payment or withdrawal to be evidenced by filing a receipt in full
7
or an order for withdrawal signed by the claimant or its duly authorized agent or
assignee.
21.5. The making of final payment, after the Date of the Notice of Contractor
Settlement of the Project, shall constitute a waiver of all claims by the Owners
except those arising from:
A. Unsettled Claims;
B. Faulty or defective work appearing after Completion of the Work;
C. Failure of the Work to comply with the requirements of the Contract
Documents; or
D. Terms of any warranties or special warranties required by the Contract
Documents.
21.6. The acceptance of final payment, after the Date of the Notice of Contractor
Settlement of the Project, shall constitute a waiver of all claims by Contractor
except those previously made in writing and separately identified by Contractor as
unsettled in the final Project Application for Payment.
21.7. All provisions of the Contract Documents including without limitation those
establishing obligations and procedures, shall remain in full force and effect
notwithstanding the making or acceptance of final payment.
22. Contractor's obligation to perform and complete the Work in accordance with the
contract documents shall be absolute. Neither the recommendation of any progress or
final payment nor the payment by Owners to Contractor under the contract documents,
nor any use or occupancy of the Work or any part thereof by Owners, nor any act of
acceptance by Owners, nor any failure to do so, nor any correction of defective Work by
Owners shall constitute an acceptance of Work not in accordance with the contract
documents or a release of Contractor's obligation to perform the Work in accordance with
the contract documents.
23. Any work in accordance with the Contract Documents that the Owners finds
improper, Contractor will correct said work in a timely manner so as not to delay
completion of the project.
24. If Contractor defaults or neglects to carry out the Work in accordance with the
Agreement and fails within a ten (10) day period after receipt of written notice from the
Owners to correct such default or neglect with diligence and promptness, the Owners
may, without prejudice to other remedies, correct such deficiencies and Contractor shall
be responsible for the cost of such correction.
8
25. Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs, including all those required by law in connection with
performance of the Agreement. Contractor shall promptly remedy damage and loss to
property caused in whole or in part by Contractor, or by anyone for whose acts
Contractor may be liable.
26. Contractor shall promptly correct Work rejected by Owners as failing to conform
to the requirements of the Agreement and Contractor shall bear the cost of correcting
such rejected Work.
27. Contractor warrants and guarantees to Owners that all Work will be in accordance
with the Contract Documents and will not be defective. Prompt notice of all defects shall
be given to Contractor. If, within two years after the date of completion, or such longer
period of time as may be prescribed by law, prescribed by the terms of any applicable
warranty given by a materials supplier or required by or a part of the Agreement, any
Work is found to be defective, Contractor shall promptly, without cost to Owners, and in
accordance with Owners' written instructions, either correct such defective Work, or, if it
has been rejected by Owners, remove it from the site, and replace it with non - defective
work. If Contractor does not promptly comply with the terms of such instructions, or in
an emergency where delay would cause serious risk of loss or damage, Owners may have
the defective Work corrected or the rejected Work removed and replaced, and all direct
and indirect costs of such removal and replacement, including compensation for
additional professional services, shall be paid by Contractor.
28. The performance of the Work may be terminated at any time in whole, or from
time to time in part, by Owners for its convenience. Any such termination shall be
effected by delivery to Contractor of a written notice ( "Notice of Termination ")
specifying the extent to which performance of the Work is terminated and the date upon
which termination becomes effective. After receipt of a Notice of Termination, and
except as otherwise directed by Owners, Contractor shall, in good faith, and to the best of
its ability, do all things necessary, in the light of such notice and of such requests in
implementation thereof as Owners may make, to assure the efficient, proper closeout of
the terminated Work (including the protection of Owners' property). Among other things,
Contractor shall, except as otherwise directed or approved by Owners:
A. stop the Work on the date and to the extent specified in the Notice of
Termination;
B. place no further orders or subcontracts for services, equipment or materials
except as may be necessary for completion of such portion of the Work as is not
terminated;
C. terminate all orders and subcontracts to the extent that they relate to the
performance of Work terminated by the Notice of Termination;
9
D. assign to Owners, in the manner and to the extent directed by it, all of the right,
title and interest of Contractor under the orders or subcontracts so terminated, in
which case Owners shall have the right to settle or pay any or all claims arising
out of the termination of such orders and subcontracts;
E. with the approval of Owners, settle all outstanding liabilities and all claims
arising out of such termination or orders and subcontracts; and
F. deliver to Owners, when and as directed by Owners, all documents and all
property which, if the Work had been completed, Contractor would be required
to account for or deliver to Owners, and transfer title to such property to Owners
to the extent not already transferred.
In the event of such termination, Contractor shall be entitled to payment for the
work performed prior to the termination date.
29. The selection of bidders shall be in accordance with the laws of Colorado. In the
event of Contractor's non - compliance with the Colorado labor laws, this Contract
may be canceled, terminated or suspended, in whole or in part, without any
liability to the Owners.
30. Contractor acknowledges that the Work is a public work financed in whole or in
part by funds of the state of Colorado and/or Owners, and pursuant to section
Title 8 -17 -101, C.R.S. (1973) Colorado labor shall be employed to
perform the Work in the extent of not less than eighty percent (80 %) of each type
or class of labor in the several classifications of skilled and common labor
employed in the Work. For purposes of this provision, "Colorado labor" means
"any person who is a resident of the state of Colorado at the time of employment,
without discrimination as to race, color, creed, sex, age, or religion except when
sex or age is a bona fide occupational qualification.
31. Contractor agrees to comply with the letter and spirit of the Colorado Anti-
discrimination Act of 1957, as amended, and other applicable laws respecting
discrimination and unfair employment practices. Pursuant thereto, the following
provision shall be contained in all Owners contracts or subcontracts: during the
performance of this Contract, Contractor agrees as follows:
A. Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color, national origin, sex, marital status,
religion, ancestry, mental or physical disability, sexual orientation, or age.
Contractor will take affirmative action to insure that applicants are employed
and that employees are treated during employment, without regard to the above
mentioned characteristics. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising; lay -offs or terminations; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. Contractor
10
agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the contracting officer setting forth
provisions of this non - discrimination clause.
B. Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of Contractor, state that all qualified applicants will receive
consideration for employment without regard to race, creed, color, national
origin, sex, marital status, religion, ancestry, mental or physical disability, or
age.
32. Colorado Statutes do not provide for any right of lien against public buildings. In
lieu thereof, Title 38 -26 -107 ct seq. C.R.S., as amended, provides adequate relief
for any claimant having furnished labor, materials, rental machinery, tools,
equipment or services toward construction of the particular public work in that
final payment may not be made to a Contractor until all such creditors have been
put on notice by publication in the public press of such pending payment and
given opportunity to stop payment to Contractor in the amount of such claims.
11