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HomeMy WebLinkAboutresolution.council.082-25RESOLUTION # 082 (Series of 2025) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING THE CONTRACT BETWEEN THE CITY OF ASPEN AND AMERICAN WEST CONSTRUCTION LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for stormpipe lining between the City of Aspen and American West Construction, LLC, a true and accurate copy of which is attached hereto as "Exhibit A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the contract for $1,002,140.00 between the City of Aspen and American West Construction LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. RESOLVED, APPROVED, AND ADOPTED FINALLY by the City Council of the City of Aspen on the 8' day of July 2025. C� I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, July 8', 2025. icole Henning, City Clerk Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A Ijj1 j��l CITY OFASPEN STANDARD CONTRACT FOR CONSTRUCTION 2025-063 Stormpipe Lining Project THIS CONTRACT, made and entered into on the 16th of June, 2025, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and American West Construction, LLC hereinafter called the "Contractor". THEREFORE, in consideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto hereby agree as follows: 1. Construction of Project. Contractor agrees to furnish all labor, materials, tools, machinery, equipment, temporary utilities, transportation, and any other facilities needed therefor, and to complete in a good, workmanlike and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as if fully set forth (the "Project"). 2. Plans and Specifications, Compliance with Laws. The Project is to be constructed and completed in strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, rules, regulations of all applicable governmental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. Contractor shall apply for and obtain all required permits and licenses and shall pay all fees therefor and all other fees required by such governmental authorities. 3. Payments to Contractor. In consideration of the covenants and Contracts herein contained being performed and kept by Contractor, including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Project, City agrees to pay Contractor a sum not to exceed ($1,002,140.00) DOLLARS in 2025 and an additional ($332,503.60) in 2026 to be confirmed by City of Aspen early 2026, or as shown on Exhibit "A" Payments due in 2026 shall be conditioned upon annual appropriations by City Council as set forth in below paragraph 33. 4. Commencement and Completion. Contractor agrees to commence work hereunder immediately upon execution hereof, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to Page: 1 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A substantially complete the same not later than June 15th, - 2026 for Mill Street and Aspen Street, and Fall 2026 for Koch Park to be confirmed by City of Aspen early 2026, subject to such delays as are permissible under the "Extension of Time for Completion" section of this Contract. 5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in connection with or arising out of the Project and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's delivering any payment to such subcontractors and material suppliers. Contractor shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered or incurred in connection with the claims of any such subcontractors or material suppliers, including but not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation to the extent that City is in arrears in making the payments to Contractor. Should any liens or claims of lien be filed of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be released of record, or shall furnish City with the proper indemnity either by title policy or by corporate surety bond in the amount of 150% of the amount claimed pursuant to such lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies of all bills paid to such date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of all previous payments made hereunder by City to Contractor. 7. Hierarchy of Project Documents. This Contract and the Proposal or Scope of Work appended hereto as Exhibit "A" are intended to supplement one another. Contract Documents shall also include General Conditions for Construction Contracts and Special Conditions appended hereto. However, in case of conflict this Contract for Construction shall control. 8. Changes in the Work. Should the City at any time during the progress of the work request any modifications, alterations or deviations in, additions to, or omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do so, and the same shall in no way affect or make void this Contract; but the amount thereof shall be amortized over the remaining term of this Contract and added to or deducted, as the case may be, from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, based upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished in accordance with the original Proposal or Scope of Work as amended or modified by such changes, whatever may be the nature or the extent thereof. The rule of practice to be observed in fulfillment of this Page: 2 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-4lA7-ABDE-47E5D7E88E9A paragraph shall be that, upon the demand of either City or Contractor, the character and valuation of any or all changes, omissions or extra work shall be agreed upon and fixed in writing, signed by City and Contractor, prior to performance. 9. Contractor's Failure to Perform. Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 7 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen to finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted from the payments remaining under Paragraph 3 above, or if the total cost of the work to City exceeds the amount of such remaining payments, Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination, City may take possession of all materials belonging to Contractor upon or adjacent to the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension of Time for Completion. Time is of the essence of this Contract and Contractor shall substantially complete the work during the time provided for herein. However, the time during which Contractor is delayed in said work by (a) the acts of City or its agents or employees or those claiming under Contract with or permission from City, or (b) the acts of God which Contractor could not have reasonably foreseen and provided against, or (c) unanticipated stormy or inclement weather which necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by employees or labor organizations and which are beyond the control of Contractor and which it cannot reasonably overcome, or (e) the failure of City to make progress payments promptly, shall be added to the time for completion of the work by a fair and reasonable allowance. Contractor recognizes, however, that the site of the work is in the Rocky Mountains at a high elevation where inclement whether conditions are common. This fact has been considered by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore, Contractor shall have the right to stop work if any payment, including payment for extra work, is not made to Contractor as provided in this Contract. In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 11. Unforeseen Conditions. It is understood and agreed that Contractor, before incurring any other expenses or purchasing any other materials for the Project, shall proceed to inspect the work site and all visible conditions and that if, at the time of inspection therefor, the Contractor finds that the proposed work is at variance with the conditions indicated by the Proposal, Scope of Work, or information supplied by City, or should Contractor encounter physical conditions below the surface of the ground of an unusual nature, differing materially from Page: 3 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract or inherent in a work site located in the Rocky Mountains, Contractor shall so notify City, and City shall at that time have the right and option to immediately cancel and terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable to such unforeseen conditions to the payments due Contractor as set forth above. It is agreed that in the event of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the work done prior to the time of cancellation. In computing such costs, building permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, office overhead and profit shall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion, Contractor's Release. City agrees to sign and file of record within five (5) days after the substantial completion and acceptance of the Project a Notice of Completion. If City fails to so record the Notice of Completion within said five (5) day period, City hereby appoints Contractor as City's agent to sign and record such Notice of Completion on City's behalf. This agency is irrevocable and is an agency coupled with an interest. Contractor agrees upon receipt of final payment to release the Project and property from any and all claims that may have accrued against the same by reason of said construction. If Contractor faithfully performs the obligations of this Contract on its part to be performed, it shall have the right to refuse to permit occupancy of any structures by City or City's assignees or agents until the Notice of Completion has been recorded and Contractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be retained pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, 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 contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, the wrongful act, omission, error, contractor error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of Page: 4 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A any workmen's compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor, If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. Further, to the extent authorized under Colorado law, the City shall indemnify, defend and hold harmless the Contractor to the extent that any claims, damages, or losses are determined to have been caused by the negligent acts or omissions of the City, its officers, employees, or agents. The parties hereto understand and agree that the City is relying on and does not waive or intend to waive by this Agreement, any provision, including the monetary limitations or other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Colo. Rev. Stat. section 24-10-101, et. seq., as amended from time to time. 15. Insurance. a. The Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. -b. Contractor shall procure and maintain and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with forms and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. 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 laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum Page: 5 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A limits of ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) 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 TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE MILLION DOLLARS ($3,000,000.00) 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 include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate with respect to each Contractor's owned, hired and non -owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Contractor has no owned automobiles, the requirements of this Section shall be met by each employee of the Contractor providing services to the City under this contract. C. Except for any Contractor Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through any insurance pool of the City of Aspen, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. d. The certificate of insurance provided to the City of Aspen shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverage afforded under the policies shall not be canceled, terminated or materially Page: 6 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A changed until at least thirty (30) days prior written notice has been given to the City of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses covered by the above -described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above -described insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the Architect at least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the expiration date of this Contract or thereafter. f. Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. g. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 16. Termination by the Owner for Convenience. a. In addition to the provisions of termination set forth in the General Conditions, the Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. b. Upon receipt of notice from the Owner of such termination for the Owner's convenience, the Contractor shall (1) cease operations as directed by the Owner in the notice. Page: 7 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A (2) take actions necessary, or that the Owner may direct, for the protection and preservation of the Work. and (3) except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders. C. In case of such termination for the Owner's convenience, the Owner shall pay the Contractor for Work properly executed; costs incurred by reason of the termination, including costs attributable to termination of Subcontracts; a the termination fee of 10% of remaining value, if any, set forth in the Agreement. 17. Damage or Destruction. If the Project is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, which could not reasonably be anticipated and for which the Contractor could not have mitigated by reasonable preventative measures, any work done by Contractor in rebuilding or restoring the work shall be paid for by City as extra work under Paragraph 8 above. If, however, the estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the insured sum set forth in Paragraph 15 above, City shall have the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten fifteen (15%) percent, of all work performed by Contractor before such cancellation. 18. Notices. Any notice which any party is required or may desire to give to any other party shall be in writing and may be personally delivered or given or made by United States mail addressed as follows: To City: City of Aspen 60.9 MGM 0 me 427 Rio Grande Place Aspen, Colorado 81611 To Contractor: American West Construction, LLC 275 E. 64th Avenue Denver, CO 80221 US Page: 8 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given, delivered, or made by United States mail, shall be deemed to have been given the same day as transmitted by telecopier or delivered personally, one day after consignment to overnight courier service such as Federal Express, or two days after the deposit in the United States mail as registered or certified matter, addressed as above provided, with postage thereon fully prepaid. 19. Inspections; Warranties. a. Contractor shall conduct an inspection of the Project prior to final acceptance of the work with City. b. Contractor shall schedule and cause to be performed all corrective activities necessitated as a result of any deficiencies noted on the final inspection prior to acceptance. The costs of material and/or labor incurred in connection with such corrective activities shall not be reimbursed or otherwise paid to Contractor. c. Contractor shall obtain, at City's expense, third party warranty contracts (to be entered into by City). 20. Licensure of Contractor. Contractor hereby represents and warrants to City that Contractor is duly licensed as a general contractor in the State of Colorado, and if applicable, in the County of Pitkin. 21. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing in this Contract shall result in or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the employee, agent, or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Contractor. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents, or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants, and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE CONTRACT. 22. Assigner This Contract is for the personal services of Contractor. Contractor shall not transfer or assign this Contract or its rights and responsibilities under this Contract nor subcontract to others its rights and Page: 9 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 23. Successors and Assigns. Subject to paragraph 22, above, this Contract shall be binding on, and shall inure to the benefit of, City and Contractor and their respective successors and assigns. 24. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the matters set forth herein and supersedes all prior Contracts between City and Contractor respecting such matters. 25. Waivers.. No waiver by City or Contractor of any default by the other or of any event, circumstance or condition permitting either to terminate this Contract shall constitute a waiver of any other default or other such event, circumstance or condition, whether of the same or of any other nature or type and whether preceding, concurrent or succeeding; and no failure or delay by either City or Contractor to exercise any right arising by reason of any default by the other shall prevent the exercise of such right while the defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 26. Remedies Non -Exclusive. No remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy. 27. Governing Law. This Contract shall be governed by, and construed in accordance with, the laws of the State of Colorado. Venue for any action at law or equity shall be Pitkin County. 28. Attorneys' Fees. If either party to this Contract shall institute any action or proceeding to enforce any right, remedy or provision contained in this Contract, the prevailing party in such action shall be entitled to receive its attorneys' fees in connection with such action from the non -prevailing party. 29. SeverabLlityL Any provision in this Contract, which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 30. Nondiscrimination. During the performance of this Contract, the Contractor agrees as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Vietnam era veteran. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantaged person, or a disabled or Page: 10 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A Vietnam era veteran. Such action shall include, but not be limited to, the following: 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: a. Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. b. Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. The foregoing provisions shall be incorporated in all subcontracts hereunder. 31. Prohibited Interest. No member, officer, or employee of the City of Aspen, shall have any interest, direct or indirect, in this Contract or the proceeds thereof. 32. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a Contract or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. b. The Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Contract or to any solicitation or proposal therefor. C. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a contract Page: 11 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A to the prime Contractor or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Contractor is prohibited from inducing, by any means, any person employed under this Contract to give up any part of the compensation to which he/she is otherwise entitled. The Contractor shall comply with all applicable local, state and federal "anti -kickback" statutes or regulations. 33. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor, if it so requests, will be advised as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been appropriate. 34. Waiver and Amendment. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations, or covenants can be modified, changed, terminated, or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. If any of the provisions of this agreement shall be held invalid, illegal, or unenforceable it shall not affect or impair the validity, legality, or enforceability of any other provision. 35. Electronic Signatures and Electronic Records. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 36. Additional Provisions. In addition to those provisions set forth herein and in the Contract Documents, the parties hereto agree as follows: No additional provisions are adopted. Page: 12 Updated:10/2024 Docusign Envelope ID: 5F853563-B47B-41A7-ABDE-47E5D7E88E9A [X] See attached Exhibit A (Stormpipe Lining Project - AWC R2 Vendor revised Fee Details and Schedule) [X] See attached General Conditions. [X] See attached Special Conditions (Exhibit D from RFP) [X] Request for Proposal 2025-063. [X] See attached Bid Proposal 2025-063 - Stormpipe Lining Project - AWC [REDACTED] 37. Consequential Damages; Limitation of Liability. Notwithstanding anything to the contrary in this Agreement, including without limitation Section 14 (Indemnification) and any provisions regarding liquidated damages, neither Party shall be liable to the other for incidental, indirect, special, punitive, or consequential damages, including without limitation lost profits or loss of business opportunity, whether arising in contract, tort (including negligence), strict liability, or otherwise. Except as otherwise required by law, the Contractor's total aggregate liability to the City for any and all claims arising out of or related to this Agreement shall not exceed the total Contract Price. 38. Tariff Clause. If, after the date of this Agreement, any new or increased tariffs, duties, or other government -imposed costs on materials used in the work becomes effective, the Contract Price shall be adjusted to reflect the actual increased cost to the Contractor. The Contractor shall promptly notify the City of any such cost impact. Failure to agree on a price adjustment shall not relieve the City's obligation to pay the increased cost, and the Contractor shall be entitled to an extension of time if such tariffs result in material shortages or delays and/or Contractor may permanently suspend performance because of a delay or the inability of the parties to agree upon an adjusted price. Page: 13 Updated:10/2024 Docusign Envelope ID: 5F353563-B47B-41A7-ABDE-47E5D7E33E9A IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. CITY OF ASPEN, COLORADO: PROFESSIONAL: Signed by: DocuSigned by: ... [Signature] [Ti g--n Taure Pete Strecker �y: By: BRIAN SCHRAMEYER Title: Interim city Manager Title: 7/9/2025 1 12:04:28 PM MDT Date: Date: DocuSigned by: `- 42737F144Fng4.s7 City Attorney's Office vice President 6/17/2025 1 3:43:09 PM MDT Page: 14 Updated:10/2024 CITY OF ASPEN Request for Proposals 2025-063 Stormpipe Lining Project Due Date: 2:00 PK Tuesday April 1st, 2025 427 Rio Grande Place Aspen, CO 81611 (970)920-5059 Aspen, CO I Official Website City of Aspen Request for Proposals REQUEST FOR PROPOSALS Sealed proposals will be received by the City of Aspen Purchasing Department through the Bidnet Direct website, www.bidnetdirect.com, until 2.00 PM, Tuesday April 151 , 2025, at which time the proposals will be opened and reviewed, for the following City of Aspen project: 2025-063 Stormpipe Lining Project The project will include but is not limited to: Rehabilitation through :;styrene -free, cured -in -place pipe (CIPP) or spray -in -place pipe (SIPP) lining of approximately 1,023 feet of Mill St stormwater pipes, varying in material and diameter: • 61' of 36" RCP • 432' of 48" RCP • 303' of 48" C M P • 227' of 60" CMP Additionally, the project includes two potential locations for additional work: 1. 873' of 24" CMP at Koch Park 2. 303' of 24" CMP at S Aspen Street Complete proposal packages are available to download or from www.bidnetdirect.com Vendors must be registered to view the bid packages. There is no charge to register. Call 1-800-835-4603 if you need assistance registering. A pre -proposal conference will be held from 10am-1lam Thursday March 13t", 2025, at 427 Rio Grande Place, Aspen, CO 81611 in the East Maroon Pass Conference Room on the 2d floor or online through Microsoft Teams. Attendance at the pre -proposal conference is optional. All in - person attendants are welcome to join a field visit with the project manager for better information on access points and site layout. Microsoft Teams Link: Join the meeting now Meeting ID: 277 050 025 977 Passcode: y2HT6gy2 To submit, an electronic copy of the Proposal as a PDF or Word file must be uploaded to the Bidnet Direct website, www.bidnetdirect.com. The file name must include the City's project number and offeror's name. The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Non -Discrimination Policy Any business that enters into a contract for goods or services with the City of Aspen or any of its boards, agencies, or departments shall: City of Aspen Request for Proposals (a) Implement an employment nondiscrimination policy prohibiting discrimination in hiring, discharging, promoting or demoting, matters of compensation, or any other employment -related decision or benefit on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (b) Not discriminate in the performance of the contract on account of actual or perceived race, color, religion, national origin, gender, physical or mental disability, age, military status, sexual orientation, gender identity, gender expression, or marital or familial status. (c) Incorporate the foregoing provisions in all subcontracts hereunder. Diversity and Inclusion The City shall acquire its goods and services in a manner that integrates fiscal responsibility, social equity, women and minority business opportunity, and environmental stewardship. Bidders should provide any additional information and or certifications describing the above. Sustainability Considerations One of the City of Aspen's values is stewardship, and the City has taken significant strides in embedding sustainable practices into our operations. In 2022, Aspen City Council set new greenhouse gas reduction goals (science -based targets) of 63% by 2030 and 2050. While not a requirement for this contract (unless otherwise stated in the scope of work or criteria list), the City encourages all vendors to share in their proposals how their products and services are supporting the City's climate initiatives and goals. For more information on the City's sustainability efforts and the Aspen Sustainability Action Plan, visit www.aspen.gov/climate. Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Candidates should identify any portion of their proposals which they consider confidential. By participating in the City's procurement process, you are agreeing to the terms and conditions of the procurement process and the legal parameters of doing business with the City without change. Discussion may be conducted with responsible Offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. In addition to price, the criteria set forth in the Instruction to Offerors and any specific criteria listed below, may be considered in judging which Proposal is in the best interests of the City: Firm Experience 15%, Public Awareness 5%, Team Experience 15%, Project Understanding 35%, and Costs 30%. BY ORDER OF THE CITY OF ASPEN, COLORADO Asal Vojdani, Purchasing City of Aspen Request for Proposals Table of Contents 1.0 Introduction......................................................................................................................................... 5 2.0 RFP Process........................................................................................................................................5 2.1 Communication..............................................................................................................................5 2.2 Pre -Proposal Meeting....................................................................................................................5 2.3 Proposal Submission....................................................................................................................5 2.4 Schedule..........................................................................................................................................6 2.5 Selection Criteria...........................................................................................................................6 3.0 Scope of Work....................................................................................................................................7 4.0 Proposal Format..............................................................................................................................17 5.0 Legal....................................................................................................................................................18 6.0 Bonds and Retainage.....................................................................................................................18 7.0 Exhibits..............................................................................................................................................................1 City of Aspen Request for Proposals 1.0 Introduction The purpose of this Request for Proposals (RFP) is to solicit professional styrene -free, CIPP or SIPP lining services for the structural rehabilitation of stormwater pipe infrastructure in the City of Aspen along Mill Street and nearby locations. This project aims to enhance the functionality and longevity of stormwater systems while prioritizing environmental protection, especially regarding the direct discharge of stormwater to the river. The work involves lining approximately 1,023 feet of stormwater pipes of varying materials and diameters on Mill St. Two potential additional locations are included addressing pipe rehabilitation at adjacent sites Koch Park and Aspen St. Due to the large variety of technologies and solutions for this project, specifications were intentionally left vague for this RFP. It will be up to the contractor to provide appropriate material selection that will provide the best solution for the project and adhere to all applicable standards. Contractors which adhere to high standards and have in-depth industry knowledge of best practices will be given appropriate consideration in the selection process. Proposals are to include a written narrative of the approach to project. We would like to make clear that this RFP is not only a work order, but it is expected of the contractor to provide a thorough review of the inspection information provided and recommendations for the best ways to proceed. Proposals which include project specific recommendations from experienced professionals are likely to be considered. This project is integral to safeguarding water quality and maintaining Aspen's infrastructure resilience. Contractors are encouraged to propose innovative and efficient solutions that align with the City's commitment to sustainability and environmental stewardship. Due to the potential risk of environmental contamination, styrene - based solutions will not be considered. Prior to ordering any materials, a pre -inspection will be required to confirm proper sizing and pipe material for all sections. COA Engineering has provided the information to the best of its knowledge and available data, but an inspection will be required to verify all conditions. The required fill station for water requirements is approximately 4.2 (+/-.1) miles from all sites. Please use 4.2 miles for all bid calculations. 2.0 RFP Process 2.1 Communication Questions must be posted on the Bidnet Direct website, www.bidnetdirect.com. Answers are posted online for all Offerors to review and consider. It is the Vendor's responsibility to check the website for Q&As, addendums, and other important information. Vendors may contact Procurement at procurement(o�aspen.gov or 720-589-4943 for questions regarding the procurement process or uploading proposals. 2.2 Pre -Proposal Meeting A pre -proposal conference will be held from 10am-1lam Thursday March 13t", 2025, at 427 Rio Grande Place, Aspen, CO 81611 in the East Maroon Pass Conference Room on the 2►,d floor or online through Microsoft Teams. Attendance at the pre -proposal conference is optional. All in - person attendants are welcome to join a field visit with the project manager for better information on access points and site layout. Microsoft Teams Link: Join the meeting now Meeting ID: 277 050 025 977 Passcode: y2HT6gy2 City of Aspen Request for Proposals 2.3 Proposal Submission Electronic submission is to be uploaded on the Sidnet Direct website, www.bidnetdirect.com. The electronic submission must be compiled into a single pdf or Word document. The name of the document must contain the City project number and firm's name. The deadline for submitting responses to this RFP is 2:00pm, Tuesday March 25t", 2025. 2.4 Schedule The proposal, evaluation and selection schedule are as follows: • 03/13/2025: Pre -Proposal Meeting 1 Oam-1lam • 03/27/2025: Final Questions Due • 04/01 /2025: Proposal packages due by 2:OOPM 2.5 Selection Criteria The criteria for selection shall include but may not be limited to the following: ➢ Firm Experience: 15% • Experience with projects outside of City of Aspen • Experience on other City of Aspen projects ➢ Public Awareness: I J% • Sensitivity to Community • Sensitivity to the environment ➢ Team Experience: 'Ill% • Team organization • Team experience • Team experience ➢ Project understanding:.30% • Understanding of Project Scope • Perception of site opportunities • Schedule/Approach of project ➢ Costs:30% The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. Discussion may be conducted with responsible offerors who submit Proposals determined to be reasonably susceptible to be selected for award for purpose of clarification to assure full understanding of, and responsiveness to the solicitation requirements. City of Aspen Request for Proposals 3.0 Scope of Work Video files and screenshots from recent inspections of each pipe section for all areas are available. Additionally, Google Maps Street View screenshots of each access point have been taken. Pipe Lining Inspection Videos Access Point Street View Photos The following map shows the full project scope within the City of Aspen context, including alternate bids and their proximity to one another: F07.OF-15, "35 F07-M Aspen Post Office Aspen Old Powerhouse (7+bson �j. F07-MH-15 !. • - Pioneer Part 1T 1 t,t4 Yellow Brick Clarksltkt 1,}j.-rqr SAring s b .:� School '�ii: �bd, Priority #1^' ' Theater Aspen -', - _ F08'MH 1i5a Mill st ,{f,i.•S 11a nSt. Ath St " Sleeker. Aspen Community �°✓`: train st . znd $t Church F08-MH 160. F08-b1H-150 r �- , ` 1 F08-MH1145 } Rkate Gr ande • Maln St_-2nd 5t � � Skate Park � (i ��� Paepcke :1 r .. Park Out Sleeker j CG�) Sardy House _.' h s > Garmfsch St r F08-M/-140 • Rio Grande Ho ktns Ave .. P Aspen L1Urary Pitkin r Parking Garage Q) fQi County Oh Place Place � I St Moritz tr A .� � _ Jail 1`i Eagles Club lodge ,� -. - HOnklns E08=MH-70 Aspen Main St.. Galena St ' 184 Aspen Hain St H.rncIr Stud j Q -- E08-FAH-65 --Francis`! Aspen fire Protection:y District spnngstS .r Main IN 's ij /riit Pri3 s Headquarters -ti A 6o Aspen St �6� _E08-N t ii,rla. Cloud Mill Ste - Cloud ..... - E09-MH-65 Aspen St . E09,H=80 M j• s �,, .r ; Rt r - Koch l mb •r ! Pa {. -, +I The Residence r Hotel • i 1 E09''M -40 %:�r... ..E09-MH45 �/ Priority #2 Wagner Park G- ? E09-MH-70 V Koch Park " e o.ei d1kI co"nc, _ . ,Mountain Rubey Park Transit Center }' Cityl arket it /ua •-.• -, Chalet n Willow hb Gondola. Gondola r J "� City of Aspen Request for Proposals Primary Location: Mill Street • Pipe Material and Diameter: 36"-48" RCP and 48"®60" CMP • Total Length: 1,023 linear feet • Rehabilitation Method: CIPP lining, including pre- and post -installation CCTV inspections. Site Preparation: Pre -cleaning and pre -inspection, dewatering and sediment removal. • Restoration: Full site restoration post -construction. The following table and map contain information on each section of the Mill St pipe according to the available GIS data surveyed fall 2024. Mill St From MH ID F08-MH-140 F08-MH-145 F08-MH-150 F08-MH-160 F08-MH-165 F07-MH-15 F07-MH-35 F07-MH-40 To MH ID F08-MH-145 F08-MH-150 F08-MH-160 F08-MH-165 F07-MH-15 F07-MH-35 F07-MH-40 F07-OF-15 Diameter 48" 48" 48" 48" 48" 60" 60" 36" Material RCP RCP RCP CMP CMP CMP CMP RCP PACP Quick Rating 4121 0 0 0 3100 0 0 0 Overall Pipe Index 3 0 0 0 3 0 0 0 Overall Pipe Rating 6 0 0 0 3 0 0 0 Surveyed Pipe Length 255' 69' 108' 71' 232' 156' 71' 61' FUr-Or Aspen Post F07-MH-35 C3(fire •' .c GO ?r Pi by - 4 o a F07-MH-15 \ od Clarks htk( i R . }w Tip k "ket � F08-NIH-1,65r. Rio Grande Park IF 8-Nl-16a;•_4 n s3, Fa$-M ' 150 F0840 -145 �`�c� 11Gra Skate t` �P )' F08 M 140 Pitkrn County Aspen Rio Grande Mr�t�l trume Library� Building City of Aspen Request for Proposals Groundwater Depth • For the purpose of consistent bidding, please assume no groundwater will be encountered at this location. Actual groundwater depths will be investigated prior to construction, however, are not available at this time. Manhole Depths • For the purpose of consistent bidding, please assume an average manhole depth of 12' at this location. Actual manhole depths will be investigated prior to construction, however, are not available at this time. Traffic Control and Access Management for Mill Street Due to the location and functional classification of Mill Street as a primary collector road, strict traffic control measures will be required to minimize disruptions, ensure public safety, and maintain efficient traffic flow throughout the duration of the project. This location will be a particularly critical area for traffic control. Mill St Considerations: Limited Work Area and Access Constraints • No On Street Parking: Contractors must plan for staging, equipment, and material storage offsite, as no on -street parking is available on Mill Street. • Limited Shoulder Space: All equipment, traffic control devices, and personnel must be contained within the existing roadway footprint without encroaching onto adjacent properties. Traffic Flow Maintenance • No Full Road Closures: Mill Street cannot be fully closed at any time during construction. The contractor must ensure at least one lane remains open at all times through phased lane shifts or alternating traffic control. Note that this area will need to accommodate the existing bus route which is driven multiple times per hour by incoming buses. • Lane Reduction Strategy: The contractor shall propose a method for reducing the roadway to a single travel lane where necessary, with appropriate flagging or temporary signals. • Emergency Vehicle Access: A minimum 10-foot clear travel lane must be maintained at all times for emergency vehicle access. Work Hours and Restrictions • Peak Traffic Restrictions: • Standard Work Hours: 7:30am-5:30pm Monday -Friday, 9am-5pm Saturday • Weekend and Night Work Considerations: Work outside standard hours may be permitted upon request to reduce weekday traffic impacts. Pedestrian and Bicycle Accommodations • Pedestrian Detours: If work requires sidewalk encroachment, ADA-compliant pedestrian detours must be implemented with clear signage. • Bicycle Lane Disruptions: If bike lanes are impacted, proper accommodation must be provided, such as temporary shared lane markings or alternate routing. All traffic control measures must comply with the Manual on Uniform Traffic Control Devices (MUTCD) and the City of Aspen Engineering Department's guidelines. Contractors must ensure that traffic control personnel are certified flaggers or trained professionals capable of maintaining safe and efficient roadway operations. Google Street View images for each access point are available as part of the SharePoint database. Access Point Street View Photos City of Aspen Request for Proposals Mill Street Dewatering Requirements Overview of Dewatering Needs Mill Street's stormwater pipe functions as a primary collector for multiple drainage areas throughout the City of Aspen. As a result, base flow conditions are expected year-round, regardless of seasonal variations. Contractors must account for continuous water flow management when planning their rehabilitation approach. Due to the presence of base flow, a comprehensive dewatering plan is required to ensure a dry and stable work environment for proper CIPP lining installation. Dewatering operations must be designed to minimize disruption, prevent environmental contamination, and comply with regulatory standards. Expected Flow Conditions • Base Flow Volume: Year-round base flow is expected to range between 1-3 cubic feet per second (CFS). • Spring Runoff Considerations: During peak runoff season, flow rates may increase to 5-10 CFS, requiring additional dewatering capacity. • Variability: Flow rates may vary depending on upstream drainage activity, recent precipitation, and snowmelt contributions. Contractor Dewatering Plan Requirements Contractors must provide a detailed dewatering plan as part of their proposal, addressing the following key elements: Equipment and Methods • Pump Type and Capacity: Specify pump type and expected capacity to handle base flow and peak flow conditions. • Bypass Piping and Setup: Describe the method for diverting flow around the work zone to maintain continuous drainage functionality. • Filtration and Treatment Measures: Include any required sediment filters to ensure compliance with discharge regulations. Cost Breakdown and Contingencies Contractors must provide a line -item cost breakdown for dewatering operations, including: • Equipment mobilization and setup costs (LS) • Labor costs for dewatering system operation (LS) • Water treatment and filtration costs (LS or per gallon processed) Additionally, contractors should outline contingency plans and additional costs for handling unexpected increases in water flow due to: • Heavy rainfall during construction. • Groundwater intrusion at pipe joints or cracks. Regulatory and Compliance Considerations • Any discharge into the Roaring Fork River or adjacent stormwater systems must meet all applicable water quality standards. Final Inspection and Cleanup • If dewatering is performed, the contractor must remove all temporary equipment and restore the site to its original condition. • Any sediment or debris collected during the dewatering process must be properly disposed of to prevent clogging or environmental damage. City of Aspen Request for Proposals Potential Additional Locations: 1. Koch Park o Pipe Diameter: 24" CMP o Length: 873 linear feet o Scope: Includes the same rehabilitation, site preparation, and restoration standards as the base bid. The following table and map contain information on each section of the Koch Park area according to the available GIS data surveyed fall 2024. Koch Park From MH ID E09-MH-75 E09-MH-70 E09-MH-55 E09-MH-45 E09-MH-40 To MH ID E09-MH-80 E09-MH-55 E09-MH-45 E09-MH-40 E09-MH-65 Height 24" 24" 2411 24" 24" Material CMP CMP CMP CMP CMP PACP Quick Rating 5C3A 5131 0 0 5100 Overall Pipe Index 3.70000005 4 0 0 5 Overall Pipe Rating 186 8 0 0 5 Surveyed Pipe Length .286169' 146' 49' 223' c� °/per E09-MH-65 Aspen St + Cooper Ave ' E09-MH'80 cooper City of Aspen Request for Proposals Groundwater Depth • For the purpose of consistent bidding, please assume no groundwater will be encountered at this location. Actual groundwater depths will be investigated prior to construction, however, are not available at this time. Manhole Depths • For the purpose of consistent bidding, please assume an average manhole depth of 10' at this location. Actual manhole depths will be investigated prior to construction, however, are not available at this time. Traffic Control Requirements for Koch Park Section The Koch Park section of the project presents fewer traffic management challenges compared to Mill Street, as it is located in a lower traffic area with larger intersections and more available space for staging. However, contractors will still be required to implement a Traffic Control Plan (TCP) to ensure public and worker safety, maintain access, and minimize disruptions to local businesses and residents. Traffic Control Expectations • Reduced Traffic Volume: Unlike Mill Street, this section experiences lower traffic volumes, allowing for greater flexibility in lane closures and detours. Note that this area will need to accommodate the existing bus route which is driven multiple times per hour by incoming buses. • Intersection Flexibility: The larger intersections in the area provide better maneuverability for detours and temporary traffic shifts. • On -Street Parking Reservations: Contractors may request on -street parking reservations for staging equipment and materials through the City's Project Manager. Lane Closures and Access Management • Single Lane Closures Allowed: Full road closures are not necessary but may be permitted for short durations upon City approval. • Alternating Traffic Flow: Where lane closures are required, the contractor may use flaggers or temporary signals to allow alternating one-way traffic if needed. • Driveway Access: Any temporary obstructions to private driveways must be coordinated well in advance with the project manager to ensure proper notification is sent to property owners. Work Hours and Restrictions • Work Allowed During Business Hours: Unlike Mill Street, work may be performed during standard business hours without peak hour restrictions. Monday -Friday, 7.30 AM — 5:30 PM, 9am-5pm Saturday. • Weekend Work Permitted with Approval: If the contractor wishes to work on weekends, prior approval from the City's Project Manager is required. Pedestrian and Bicycle Accommodations • Sidewalk Detours (If Needed): If sidewalk closures are required, an ADA-compliant pedestrian detour must be established. • Bicycle and Pedestrian Accommodations: Proper detours or signage must be provided to safely direct cyclists and pedestrians through or around the work zone. All traffic control measures must comply with the Manual on Uniform Traffic Control Devices (MUTCD) and the City of Aspen Engineering Department's guidelines. Contractors must ensure that traffic control personnel are certified flaggers or trained professionals capable of maintaining safe and efficient roadway operations. Google Street View images for each access point are available as part of the SharePoint database. Access Point Street View Photos City of Aspen Request for Proposals Dewatering Requirements for Koch Park Section The Koch Park section is not expected to experience base flow conditions under normal circumstances. However, contractors must plan for potential dewatering needs in the event of: Work occurring during peak flow season (spring runoff). Unexpected rainfall events during construction. Since the presence of water in this section is intermittent and seasonal, dewatering measures will be less intensive than those required for Mill Street. However, contractors must still outline contingency dewatering procedures to ensure a dry and stable work environment for CIPP installation if necessary. Dewatering Plan Submission Contractors must include a contingency dewatering plan in their proposal, detailing: • Proposed equipment and setup for handling temporary stormwater or runoff. • Estimated pumping capacity based on projected seasonal flow rates. • Filtration and discharge methods to ensure compliance with environmental regulations. If dewatering is not required, the contractor must confirm in their proposal that the site is dry and does not require flow bypass or removal. Expected Flow Conditions • Dry Conditions: The Koch Park section will likely remain dry unless work coincides with a heavy rainfall event or occurs in spring runoff season. • Peak Flow Season (Spring Runoff): If work occurs between April and July, potential intermittent flows may require temporary bypass pumping of 1-3 CFS. Contractor Responsibilities for Dewatering (If Needed) If dewatering becomes necessary, the contractor must: • Deploy temporary pumps and bypass piping to maintain a dry worksite. • Filter discharge water before releasing it into the stormwater system or an approved outfall location. • Ensure sediment control measures (e.g., dewatering bags, silt fences, or settling tanks) are in place to prevent pollution. • Comply with all local, state, and federal water quality regulations. Cost Breakdown for Dewatering (If Required) Since dewatering may not be required for this section, contractors must provide: • A base bid assuming dry conditions. • A separate line item for dewatering costs, only applicable if conditions require flow management. • Estimated hourly/daily rates for pump rental, labor, and water treatment if bypass pumping is necessary. Final Inspection and Cleanup • If dewatering is performed, the contractor must remove all temporary equipment and restore the site to its original condition. • Any sediment or debris collected during the dewatering process must be properly disposed of to prevent clogging or environmental damage. City of Aspen Request for Proposals 2. South Aspen Street o Pipe Diameter: 24" CMP o Length: 303 linear feet o Scope: Includes the same rehabilitation, site preparation, and restoration standards as the base bid. The following table and map contain information on each section of the Aspen St pipe according to the available GIS data surveyed fall 2024. Aspen St From MH ID E08-MH-65 E08-MH-60 To MH ID E08-MH-70 E08-MH-65 Height 24" 24" Material CMP CMP PACP Quick Rating 5100 2100 Overall Pipe Index 5 2 Overall Pipe Rating 5 2 Surveyed Pipe Length 140' 163' City of Aspen Request for Proposals Groundwater Depth • For the purpose of consistent bidding, please assume no groundwater will be encountered at this location. Actual groundwater depths will be investigated prior to construction, however, are not available at this time. Manhole Depths • For the purpose of consistent bidding, please assume an average manhole depth of 10' at this location. Actual manhole depths will be investigated prior to construction, however, are not available at this time. Traffic Control Requirements for Aspen Street Section The Aspen Street section of the project presents moderate traffic control challenges, as it is a collector street with higher traffic volumes than Koch Park but can still be detoured if necessary. On -street parking is available and may be utilized for staging and equipment storage, reducing the impact on active traffic lanes. Traffic Control Expectations • Moderate Traffic Volume: The Aspen Street area sees more traffic than the Koch Park area but is less constrained than Mill Street, allowing for strategic detours and temporary lane closures. Note that this area will need to accommodate the existing bus route which is driven multiple times per hour by incoming buses. • Detour Availability: Full detours may be permitted with City approval, provided access to businesses and residences is maintained. • On -Street Parking Reservations: Contractors may request temporary use of on -street parking spaces for staging materials and equipment through the City's Project Manager. Lane Closures and Detour Planning • Single -Lane Closures Permitted: Contractors may reduce Aspen Street to one lane with appropriate flagging or temporary signals. • Full Detours Considered: A full detour may be approved if it allows for a more efficient construction process. Detour routes must be clearly marked and pre -approved by the City. • Driveway and Business Access: Any planned restrictions to private driveways or business entrances must be communicated to the project manager well in advance to provide affected parties with adequate notice. Work Hours and Restrictions • Standard Work Hours: Monday -Friday, 7:30 AM — 5:30 PM, 9am-5pm Saturday. • Weekend Work: May be allowed with prior approval from the City's Project Manager. Pedestrian and Bicycle Accommodations • Sidewalk Closures: If sidewalk closures are required, contractors must establish ADA- compliant pedestrian detours. • Bike Lane Adjustments: If bike lanes are impacted, clear signage must be provided, and alternative routes should be designated if necessary. All traffic control measures must comply with the Manual on Uniform Traffic Control Devices (MUTCD) and the City of Aspen Engineering Department's guidelines. Contractors must ensure that traffic control personnel are certified flaggers or trained professionals capable of maintaining safe and efficient roadway operations. Google Street View images for each access point are available as part of the SharePoint database. Access Point Street View Photos City of Aspen Request for Proposals Dewatering Requirements for Aspen St Section The Aspen St section is not expected to experience base flow conditions under normal circumstances. However, contractors must plan for potential dewatering needs in the event of: Work occurring during peak flow season (spring runoff). Unexpected rainfall events during construction. Since the presence of water in this section is intermittent and seasonal, dewatering measures will be less intensive than those required for Mill Street. However, contractors must still outline contingency dewatering procedures to ensure a dry and stable work environment for CIPP installation if necessary. Dewatering Plan Submission Contractors must include a contingency dewatering plan in their proposal, detailing: • Proposed equipment and setup for handling temporary stormwater or runoff. • Estimated pumping capacity based on projected seasonal flow rates. • Filtration and discharge methods to ensure compliance with environmental regulations. If dewatering is not required, the contractor must confirm in their proposal that the site is dry and does not require flow bypass or removal. Expected Flow Conditions • Dry Conditions: The Aspen St section will likely remain dry unless work coincides with a heavy rainfall event or occurs in spring runoff season. • Peak Flow Season (Spring Runoff): If work occurs between April and July, potential intermittent flows may require temporary bypass pumping of 1-3 CFS. Contractor Responsibilities for Dewatering (If Needed) If dewatering becomes necessary, the contractor must: • Deploy temporary pumps and bypass piping to maintain a dry worksite. • Filter discharge water before releasing it into the stormwater system or an approved outfall location. • Ensure sediment control measures (e.g., dewatering bags, silt fences, or settling tanks) are in place to prevent pollution. • Comply with all local, state, and federal water quality regulations. Cost Breakdown for Dewatering (If Required) Since dewatering may not be required for this section, contractors must provide: • A base bid assuming dry conditions. • A separate line item for dewatering costs, only applicable if conditions require flow management. • Estimated hourly/daily rates for pump rental, labor, and water treatment if bypass pumping is necessary. Final Inspection and Cleanup • If dewatering is performed, the contractor must remove all temporary equipment and restore the site to its original condition. • Any sediment or debris collected during the dewatering process must be properly disposed of to prevent clogging or environmental damage. City of Aspen Request for Proposals 4.0 Proposal Format All proposals will follow the format as outlined below. Failure to do so may result in disqualification. Section 1 Introduction Introduce firm and key staff who would be assigned to this project. Include contact person name, phone number and email address for purposes of this procurement process. Section 2 Qualifications and Experience List firm's previous experience with similar projects. Include the name, address and email for outside consultants who will be retained to work on this project with you. List environmental certifications and standards that will be upheld. Section 3 Approach to Project Include a complete scope of work and schedule that includes special considerations for the project and any alternatives that can be identified. Include any other work to complete the project, not specifically listed in this RFP that you feel necessary. Include recommended material specifications for each section based upon review of the Access Point Street View Photos and Pipe Lining Inspection Videos. All work must conform to applicable regulatory standards such as but not limited to ASTM F1216 (Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Inversion and Curing of a Resin -Impregnated Tube) and ASTM D5613 (CIPP materials specifications). Please provide all standards and codes which will be adhered to in the proposal. Section 4 Fee Proposal and Schedule Include estimated costs and project schedule for each pipe section (Mill St, Koch Park, Aspen St). Include a detailed, line itemized fee schedule utilizing the provided Bid Tab found in Exhibit E. Please review the Access Point Street View Photos and Pipe Lining Inspection Videos for the most up-to-date information on the project and proper price estimation. Additional line items have been left for any potential bid items not yet included in this RFP. The City of Aspen requests that contractors provide two schedule estimates as part of their proposal. - Springtime Estimate: Contractors should provide an estimated schedule for performing the work during the spring season (April to June). This estimate should account for higher flow rates and any additional costs or measures required for springtime dewatering. Most Cost -Effective Time of Year Estimate: Contractors should also provide an estimated schedule for performing the work during the most cost-effective time of year, considering seasonal availability, lower flow conditions, and optimal weather. City of Aspen Request for Proposals This estimate should highlight any cost savings or operational efficiencies that could be achieved by scheduling outside of the spring runoff season. The City encourages contractors to provide detailed justifications for their proposed timelines, including availability of materials, labor resources, and expected weather impacts. Special Events Considerations: June 1911-22nd: Aspen Food and Wine Festival m No work will be permitted during these dates at all sites. August 29th-September 1st: Motherlode Volleyball Tournament o No work will be permitted at the Koch Park location during these dates. Other events which may interfere with proposed timelines are to be coordinated with the City's Project Manager. 5.0 Legal 5.1 The City reserves the right to reject any or all Proposals or accept what is, in its judgment, the Proposal which is in the City's best interest. The City further reserves the right, in the best interests of the City, to accept a late submittal or to waive any technical defects or irregularities in any and all Proposals submitted. 5.2 Pursuant to the Colorado Open Records Act, C.R.S. Section 24-72-200.1 (CORA), any and all of the documents that are submitted to the City of Aspen may be deemed public records subject to examination and inspection by third parties. The City of Aspen reserves the right, at its sole discretion, to release for inspection or copying any document, plan, specification, proposal or other writing submitted pursuant to this request. Candidates should identify any portion of their proposals which they consider confidential. 5.3 In order to fully understand the legal parameters of the City's procurement process and contractual requirements, Respondents must review all Exhibits. 5.4 By participating in the City's procurement process, you are agreeing to the terms and conditions of the procurement process and the legal parameters of doing business with the City without change. 6.0 Bonds and Retainage 6.1 The City of Aspen has determined that for construction contracts more than fifty thousand dollars ($50,000.00) and all contracts in excess of one hundred thousand dollars ($100,000.00), it is prudent to obtain performance and payment bonds in amounts equal to fifty percent (50%) of the price specified in the contract. (See C.R.S. §§ 24-105-202 and 38-26-106). Performance Bond : Based on 100% of the contract price and held for the duration of the contract. Payment Bond: Based on 100% of the contract price and held for the duration of the contract. Maintenance Bond: Based on 100% of the contract price and held for two (2) years after contract completion. City of Aspen Request for Proposals *Bidder to add specific line -item for bond costs in fee schedule. 6.2 Retainage: Mandatory requirement for all Construction contracts: The City will make a deduction from the progress pay application (invoice for work completed) in the amount considered necessary (5%) to protect the interests of the City, pursuant to Section 24-91-103, CRS. This applies to contracts to "construct, alter or repair" a structure or improvements where the value of work under the contract meets or exceeds $100,000. Each invoice to be submitted using a payment application form or any pay app accepted by Project manager. Release of retainage is based on milestones and substantial completion as indicated in contract fee schedule and according to City of Aspen retainage release specifications. 7.0 Exhibits The following files are attached for your use and reference as needed to properly respond to the RFP request: • Exhibit A — Instruction to Bidders • Exhibit B — Bond templates • Exhibit C — General Conditions • Exhibit D — Special Conditions • Exhibit E — Bid Tab • Exhibit F — Bid Proposal Form Line Item Unit Quantity Unit Price Total Price Mobilization and Demobilization LS 1 108,000.00$ 108,000.00$ Traffic Control LS 1 41,000.00$ 41,000.00$ Erosion and Sediment Control Plan and ManagementLS 1 14,000.00$ 14,000.00$ Manhole Replacement EACH (if needed)1 22,000.00$ 22,000.00$ Pre- and Post-Installation CCTV Inspection LF 1023 5.00$ 5,115.00$ Dewatering Cost LS 1 43,000.00$ 43,000.00$ Site Preparation LS 1 8,300.00$ 8,300.00$ Point Repairs LS 1 13,000.00$ 13,000.00$ Bonds LS 1 6,400.00$ 6,400.00$ 36" x 60" RCP Lining Material [UV CIPP]LF 65 750.00$ 48,750.00$ 48" RCP Lining Material [UV CIPP]LF 363 350.00$ 127,050.00$ 54" CMP Lining Material [UV CIPP]LF 523 500.00$ 261,500.00$ 60" CMP Lining Material [UV CIPP]LF 71 600.00$ 42,600.00$ 48" RCP Lining Material [CCCP]LF 69 490.00$ 33,810.00$ MILL ST SUBTOTAL 774,525.00$ Aspen St [FALL 2025] Line Item Unit Quantity Unit Price Total Price Mobilization and Demobilization LS 1 68,000.00$ 68,000.00$ Traffic Control LS 1 6,200.00$ 6,200.00$ Erosion and Sediment Control Plan and ManagementLS 1 5,000.00$ 5,000.00$ Manhole Replacement EACH (if needed)1 18,250.00$ 18,250.00$ Pre- and Post-Installation CCTV Inspection LF 303 5.00$ 1,515.00$ Dewatering Cost LS 1 4,500.00$ 4,500.00$ Site Preparation LS 1 1,300.00$ 1,300.00$ Point Repairs LS 1 13,000.00$ 13,000.00$ Bonds LS 1 1,700.00$ 1,700.00$ 30" CMP Lining Material LF 309 350.00$ 108,150.00$ ASPEN ST SUBTOTAL 227,615.00$ MILL ST & ASPEN ST TOTAL 1,002,140.00$ Mill St [FALL 2025] Docusign Envelope ID: 01564962-4401-4014-A98A-7BF9FF43FF53 Line Item Unit Quantity Unit Price Total Price Mobilization and Demobilization LS 1 74,000.00$ 74,000.00$ Traffic Control LS 1 18,000.00$ 18,000.00$ Erosion and Sediment Control Plan and Management LS 1 5,000.00$ 5,000.00$ Manhole Replacement EACH (if needed)1 18,250.00$ 18,250.00$ Pre- and Post-Installation CCTV Inspection LF 873 5.00$ 4,365.00$ Dewatering Cost LS 1 8,500.00$ 8,500.00$ Site Preparation LS 1 1,300.00$ 1,300.00$ Point Repairs LS 1 13,000.00$ 13,000.00$ Bonds LS 1 2,700.00$ 2,700.00$ 24" CMP Lining Material LF 873 200.00$ 174,600.00$ ALLOWANCE ( ANTICIPATED L, E, SUB & MAT INCREASE (4%)LS 1 12,788.60$ 12,788.60$ TOTAL 319,715.00$ TOTAL W/ 4%332,503.60$ Koch Park [FALL 2026] American West Construction, LLC (AWC) anticipates an increase in labor, equipment, material, and subcontractor costs for work to be performed in the Fall of 2026. To account for these expected cost increases, AWC proposes an allowance of 4% of the overall contract value. 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Any conflicts between the DOH Standard Specifications and the provisions herein shall be resolved by the City Engineer of the City of Aspen, Pitkin County, Colorado. 1.03 Standards Used: The Special Conditions shall delineate the measurement and payment for each item listed below, as well as emphasize the appropriate construction specifications which are the Colorado Department of Transportation's Division of Highways (DOH) Standard Specifications for Road and Bridge Construction (SSR & BC), 2021 Edition, or as modified in these Special Conditions. Any conflicts between the DOH Standard Specifications and the provisions herein shall be resolved by the City Project Manager. Additional standards for construction within City of Aspen include: • City of Aspen Engineering Standards • City of Aspen Construction Management Plan Manual • American Society for Testing and Materials 1.04 Unit Price Bid Items: Payment for work included in unit price bid items shall be based on the completed value of each unit in such quantity actually installed as measured and determined by the Engineer unless the approved Schedule of Values provides sufficient detail for measurement and payment of partial progress of work. Unit pricing shall include all materials, equipment and labor necessary to complete the bid item as shown and indicated in the project documents. Quantities given in the bid form are estimates for the purpose of evaluating bids. Consequently, some differences may arise in actual and bid quantities. Contractor or Owner may request re -negotiation of Unit Price for an item if the actual field measured work done for that item differs from the estimated quantity by more City of Asoen - Saecial Conditions for Construction Contracts than 50% under the following terms: Contractor shall not make any claim for damages for any work item for which the actual field measurement does not differ from the estimated quantity by more than 50%, higher or lower. Re -negotiated Unit Prices shall be based on actual costs to Contractor for the specific work item plus a reasonable allowance for overhead and profit. Re -negotiating the Unit Price shall not increase or decrease the Unit Price by more than 10 percent. Contractor shall submit to Owner satisfactory data substantiating the actual costs and overhead rate to perform the Work covered by the Unit Price being re -negotiated. No payment will be made if the entire bid item is unused. 1.05 Lump Sum Prices: Where lump sum prices are given for a described portion of the work, that price shall cover all materials, equipment and labor necessary to acquire, deliver, store and install that portion of the work, complete and in place. Quantities given in the bid form are estimates for the purpose of evaluating bids. Consequently, some differences may arise in actual and bid quantities. Quantities given for lump sum items, including earthwork, are estimates only. The Contractor should satisfy himself as to the actual quantities required to complete the work described in the plans and these specifications. Unit costs for earthwork will not be employed to determine payment. 1.06 Stored Materials: If separate payment is requested for materials suitably stored but not installed, paid invoices for the materials shall be submitted. Stored materials will be paid at invoice cost plus a maximum of ten percent markup to cover submittals, delivery and handling. Requests for materials stored offsite must be approved by Engineer. Request must contain name and address of storage location, property owner, insurance summary covering equipment, description of measures to protect equipment from physical and environmental damage, photo documentation of protection in place and identification of material (Owner, project and equipment), and letter granting Owner legal right to entry and retrieval of materials. 1.07 The City intends to award the work as one contract which will consist of Base Bid only in the complete Bid Proposal Form. The City further intends to award the Contract to the lowest responsible and responsive Bidder within the limits of the funds available and to best serve its interests. City of Aspen - Special Conditions for Construction Contracts 2.0 BID ITEMS CORESSPONDING WITH BID TAB. Bid Item #1— Mobilization/Demobilization 1. Description a. This line item is for the Contractor's mobilization and demobilization to and from the site for Work under this contract. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment involved with mobilization and demobilization to the site. 3. Payment Basis a. Lump Sum Bid Item #2 — Traffic Control 1. Description a. This line item is for the traffic control required for the Work. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment involved with furnishing, erecting, cleaning, maintaining, resetting, repairing, replacing, moving, removing, and disposing of the construction traffic control devices. All construction traffic control devices that are not permanently incorporated into the project will remain the property of the Contractor. b. Traffic control devices that are left in place during non -working hours, including configurations such as lane closures, temporary channelization or detours, are not considered active traffic control and will not be paid for as such. c. Cleaning and maintaining of traffic control devices are not considered traffic control activities subsidiary to the Traffic Control Management, Traffic Control Inspection, or flagging items. Cleaning and maintaining devices is included in the basis of payment. d. The quantity to be measured for flagging will be the total number of actual flagging hours that are used as authorized per an approved Method of Handling Traffic (MHT). Payment will not be made for time spent by flaggers to set up and take down construction traffic control devices. Payment will not be made for additional flaggers necessary to cover flagger break times and shall be included in the cost of work. 3. If necessary for the safety the safety of the public, Contractor and City employees, the Work under this Bid item includes design of a complete traffic control plan for all street segments to be improved under this Contract by a Certified Traffic Control Supervisor and subject to approval of the City Project Manager, delivery, pickup, installation, maintenance, protection & replacement of damaged device, defective steady burn or flashing beacons, signs, and adjusting the number of channelizing devices and signs as necessary to maintain safe traffic flows for the duration of this project. The traffic control plan and selected devices and signs shall be based on the MUTCD. SC1-971.doc SC1 Page 3 City of As en - Special Conditions for Construction Contracts 4. Payment Basis a. Lump Sum Bid Item 93 — Erosion and Sediment Control Plan and Management 1. Description a. This line item is for the erosion and sediment control plan and management required for the Work. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment involved with the installation, maintenance, monitoring, and operation of the erosion and sediment control plan and management. b. This line item shall include all necessary permit fees for erosion and sediment control plan and management, as applicable. 3. Payment Basis a. Lump Sum Bid Item #4 — Manhole Rehabilitation or Replacement 1. Description a. This line item is for the rehabilitation or replacement of existing stormwater manholes within the project extents as identified within these contract documents for the Work. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment necessary for the rehabilitation or replacement of existing stormwater manholes identified per these project documents, complete and in place. b. This line item shall include the labor, materials, equipment, and other fees associated with the removal and disposal of stormwater manholes, as required. 3. Payment Basis a. Each Bid Item #5 — Pre- and Post -Installation CCTV Inspection 1. Description a. This line item is for the pre- and post -installation closed-circuit television (CCTV) inspection required for the Work to assess the existing pipe conditions before installation and to verify the integrity and quality of work post -installation. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, equipment, and services required to conduct CCTV inspections before and after CIPP lining installation, including recording, reporting, and analysis of video footage. b. All inspections shall be performed by NASSCO PACP-certified personnel and must SC1-971.doc SC1 Page 4 City of Aspen - Special Conditions for Construction Contracts adhere to NASSCO PACP standards. c. Video recordings and inspection reports must be submitted to the City's Project Manager for review and approval. 3. Payment Basis a. Linear Foot (LF) Bid Item #6 — Dewatering Cost 1. Description a. This line item is for the cost associated with dewatering activities required for the Work, including temporary bypass pumping to maintain a dry work environment. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment necessary for the setup, operation, and removal of dewatering systems, including pumps, bypass piping, sediment filters, and power supply. b. This line item excludes costs associated with spring runoff dewatering, which are covered under Bid Item #9 — Spring Runoff Dewatering. 3. Payment Basis a. Lump Sum Bid Item #7 — Site Preparation 1. Description a. This line item is for the preparation of the site required for the Work, including clearing, staging, and securing the work area. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment involved in clearing the site of vegetation, debris, and obstructions necessary for CIPP installation. b. This item includes securing the work area with fencing, signage, and other safety measures as required by the City of Aspen Engineering Standards. c. Restoration of disturbed areas is not included and shall be covered under a separate line item. 3. Payment Basis a. Lump Sum Bid Item #8 — Point Repairs 1. Description a. This line item is for localized repairs to severely damaged pipe sections that require attention before CIPP installation. City of Aspen - Special Conditions for Construction Contracts 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment necessary for excavation, pipe replacement, or structural repairs to the existing stormwater infrastructure. b. Point repairs must be inspected and approved by the City's Project Manager before CIPP installation. 3. Payment Basis a. Each Bid Item #9 — Spring Runoff Dewatering 1. Description a. This line item is for dewatering costs specifically related to handling spring runoff conditions, which require enhanced capacity and management due to increased flow rates. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment necessary to manage flow rates between 5-10 CFS during peak runoff season. b. Costs shall include installation and operation of pumps and backup systems. 3. c. This item is exclusive of base flow dewatering, which is covered under Bid Item #6 — Dewatering Cost. 4. Payment Basis a. Lump Sum Bid Item #10 — Bonds 1. Description a. This line item is for providing required bonds for the Work, including performance bonds, payment bonds, and maintenance bonds. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all costs associated with obtaining and maintaining Performance Bonds (100% of contract value) and Maintenance Bonds (100% of contract value for two (2) years). b. The Performance Bond must remain valid until the completion of the project. c. The Maintenance Bond must cover structural integrity, water tightness, and environmental compliance for the specified warranty period. 3. Payment Basis a. Lump Sum SC1-971.doc SC1 Page 6 Bid Item #11— Lining Material 1. Description a. This line item is for the Cured -In -Place Pipe (CIPP) lining material required for the Work. 2. Specific inclusions, exclusions, or special considerations a. This line item shall include all labor, materials, and equipment necessary for the supply and installation of CIPP lining, including resin, liner tube, and curing agents. b. Styrene -free resin is preferred to minimize environmental impact. 3. Payment Basis a. Linear Foot (LF) 2.0 EXPLORATION REPORTS & MATERIALS TESTING: Exploration reports and tests of subsurface conditions at the site, are not available from the Design Engineer. The Contractor shall perform such subsurface soils investigations when deemed necessary through a certified materials Lab. All soil sampling & compaction, concrete paving, and hot mixed asphalt paving related testing and re -testing will be performed by a certified materials testing laboratory acceptable to the City's Representative and at his/her direction. The cost of testing and re -testing shall be paid by the Contractor. 3.0 PROJECT MANAGER AND THE CITY'S REPRESENTATIVE: The Project Manager and the City's Representative for this project shall be a member of the City Engineering Department staff and shall be designated and changed as necessary by the Stormwater Manager or City Engineer. Unless provided in writing by the Project Manager, any on -site Inspector or Representative of the City shall not have the authority to render any binding decision nor make any binding judgments to the Contractor pertaining to any work which may change the Contract price or time of completion, or change the quality of Work, or change the manner in which the Work is being performed. The Project Manager and the City's Representative shall serve as a means of communication between the City and the Contractor and shall monitor the Work for the City. All references in the Contract Documents to "Project Manager" and "City's Representative" shall refer to the Project Manager and the City's Representative named by the Stormwater Manager or City Engineer. 4.0 PROGRESS SCHEDULE AND SEQUENCE OF OPERATIONS: 4.1 Within seven (7) days of the date of the bid award by the City Council, and prior to the pre -construction conference, the Contractor shall submit for review of the City Project Manager a critical -path chart showing the estimated progress for the component divisions of the Work and a balanced time breakdown, showing the estimated progress schedule for the entire Project. For purposes of comparison, the Contractor shall submit with each progress pay estimate a form showing the actual rate of progress to date for the component divisions and for the Project as a whole. The actual rate of progress shown on the form shall only include Work completed City of Aspen - Special Conditions for Construction Contracts and shall not include stored materials. 4.2 The Contractor shall also submit for approval, prior to the pre -construction conference, a Traffic Control Plan for each segment of the street, a narrative of the planned sequence of construction indicating the approximate date and time duration of any road or street restrictions or closures, utility interruptions, etc., as applicable to this project. 4.3 The Contractor shall also submit for approval, prior to the pre -construction conference, a Construction Management Plan (CMP). The CMP must be prepared in accordance with the Engineering Department's CMP Requirements Manual. 4.4 In the event that the rate of actual progress of the Work falls behind the estimated progress indicated on the approved critical -path chart and in the absence of time extensions if any granted by the City Project Manager, the Contractor shall accelerate the Work by placing additional forces and equipment on the Project so that the Project will be completed within the Contract Time. The Contractor shall be capable and make available more than one work crew to perform the work on time. 4.5 The Contractor shall provide a list of emergency (24 hour) contact name(s), addresses and phone numbers to the City Project Manager 24 hours prior to the preconstruction conference. Emergency phone calls must be responded to in 15 minutes or less and action must be taken on the emergency condition immediately. Such emergency calls shall be project related corrective and restorative work and shall be considered subsidiary to the construction bid items and at the Contractor's cost. The Owner may initiate such corrective work at Contractor's cost if the Contractor fails to perform the required task within one hour of an emergency call. 4.6 The Contractor shall be responsible for keeping traffic flows on the streets, or providing adequate detours, at all times during and after their daily work activities. Interruptions to traffic flow must be kept to a minimum. 5.0 PROTECTION OF PUBLIC FACILITIES, UTILITIES AND OTHER ADJOINING PROPERTY: The CONTRACTOR shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to other property at the site or adjacent thereto, and he shall be liable for any and all claims for such damage on account of his failure to fully provide such protection. The CONTRACTOR shall preserve and protect all existing vegetation such as trees, shrubs, and grass on or adjacent to the site which do not unreasonably interfere with the construction, as may be determined by the Engineer or Engineering Inspector. The CONTRACTOR shall be responsible for all unauthorized cutting or damage of trees and shrubs, including damage due to careless operation of equipment, stock piling of materials, or tracking of sodded areas by equipment. The CONTRACTOR shall at all times take proper precautions for the protection and or replacement or restoration of driveways culverts, fencing, irrigation systems, irrigation crossings, City of As en - S ecial Conditions for Construction Contracts mail boxes, landscape improvements and all other public and private installations that may be encountered during construction. Such protection or replacement shall be borne by the CONTRACTOR. The CONTRACTOR shall work with adjacent property owners to coordinate any construction activity that disrupts adjacent property owners' landscaping. The CONTRACTOR is responsible for any damage outside of the work area. Prior to starting work, the CONTRACTOR is to provide the CITY with photos of areas that may be impacted by the CONTRACTOR for the use in determination of restoration. The Contractor shall notify all public utility companies at least forty-eight (48) hours prior to commencement of any Work in the vicinity of the utilities. It shall be the CONTRACTOR's responsibility to determine the exact location of utilities that may interfere with the performance of the Work of this project by exploratory excavation sufficiently in advance of beginning construction in an area so that potential conflicts may be resolved. It shall be the CONTRACTOR's responsibility to make all arrangements with the utility owner(s) for utility relocations or adjustments and to coordinate the sequence of such work to eliminate possible conflicts with construction progress. The cost to relocate utilities necessary for the performance of the work shall be paid by the CITY. The cost to relocate utilities for the convenience of the CONTRACTOR shall be paid by the CONTRACTOR. Work involving changes in, or interference with, utility service shall be done at such times and in such a manner that it will cause the least interference with the proper handling and delivery of the utility service to the receiving customers. CONTRACTOR shall notify, or arrange through the appropriate utility company notification of, all parties that will be affected at least 48 hours prior to the time service is disconnected or interrupted. Notice shall consist of publication in a local newspaper and/or announcement on local radio stations as determined by the City Project Manager. Damaged utilities shall be immediately repaired and restored to service. Repair work shall be continuous until the service is restored. The CONTRACTOR is responsible for immediate notification of the utility company if there is any damage to a utility. 6.0 COOPERATION BETWEEN CONTRACTOR AND AGENCIES: The CONTRACTOR is required to coordinate the scheduling of construction activities with other CONTRACTORS working in adjacent areas. No damages, delay costs, or additional contract time, claimed by the CONTRACTOR, due to construction of other projects, will be granted by the CITY. The CONTRACTOR is required to coordinate the work, construction schedule, traffic control and permitting requirements with the applicable adjacent jurisdictional agencies to include metropolitan districts and government agencies. It is the CONTRACTOR's responsibility to obtain any permits as required from other government agencies. The CONTRACTOR shall notify all affected businesses, school & bus districts and metropolitan, government & emergency services agencies two weeks ahead of any planned road closures. 7.0 DAMAGE TO CONSTRUCTION: The Contractor shall safeguard, until all Work embraced by the Contract is formally accepted, all SC1-971.doc SC1 Page 9 1 City of Moen - Special Conditions for Construction Contracts construction, both complete and incomplete, against damage and destruction, and should damage result, he will be required to reconstruct at his expense in a manner conforming to the Plans and Specifications, reconstruction shall be in a manner suitable to the City Project Manager. No repair or mitigating option for damaged Work will be accepted by the City. 8.0 JOB SITE RESTRICTIONS: All materials to be removed from the project site or demolished on site, shall be disposed of by the Contractor off the project site unless requested otherwise by the City Project Manager. The City's property is not available for Contractor staging or storage area, unless if permitted by the City Project Manager within the existing right of way. The City's property is not otherwise available for a Contractor's disposal area. 9.0 DISPOSAL OF HAZARDOUS MATERIALS: The disposal of any hazardous materials shall be the sole responsibility of the Contractor. 10.0 SALVAGE: Stone masonry, concrete, timber and other items removed from the site shall become the property of the Contractor, unless otherwise noted in the project documents, and disposed of off - site. 11.0 SUBCONTRACTORS AND SUPPLIERS: Contractor shall identify in his/her sealed bid the name and address all Subcontractors, Suppliers, and other persons or organizations that will furnish the principal items of materials, equipment or labor for this project. 12.0 WAIVER: It is expressly understood and agreed that any waiver granted by the City Project Manager of any term, provision or covenant of this Contract shall not constitute a precedent nor breach of same or any other terms, provisions or covenants of this Contract. Neither the acceptance of the Work by the Owner nor the payment of all or part of the sum due the Contractor hereunder, shall constitute a waiver by the Owner of any claim which the Owner may have against the Contractor or otherwise. 13.0 WARRANTY INSPECTION: At the City's discretion, a warranty inspection will be held during sixty (60) calendar days prior to the expiration of the warranty period under the Maintenance Bond. The Contractor shall provide an authorized representative at such inspection to represent the Contractor's interests. All defects identified during inspection shall be corrected at Contractor's expense at the direction of the City immediately. Corrective Work shall be commenced within five (5) consecutive calendar days after written notice to Contractor. SC1-971.doc SC1 Page 10