HomeMy WebLinkAboutbocc.con.151.21 8/30/2021 CDD
trKIN Pitkin County
COUNT Procurement Cover Sheet
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Contract Information
Contract Number 151.21
Project Name Maroon Creek Road Retaining Wall
Contractor Network Infrastructure Construction Co. ('tNICXco")
Budget Line Item 11139100.544500 $ 81,681.76
$Additional Budget Line $ _
Item(s)
(Please fully allocate New Contract Total)
$ 81,681.76
Procurement Method: Formal
Type: Construction
Contract Start Date 9/9/2021
Contract End Date 10/31/2021
Contract Type New Contract
Retainage Yes - $1,500.00
If this is a new contractor,please enter the New Vendor information into Munis for workflow approval.
Contact Information:
Department Engineering& Transportation
County Representative GR Fielding County Representative (970) 920-5206
Phone
Provide a brief description of the Contract or Change Order:
Construction contract for retaining wall along Maroon Creek Road.
Contract Value Summary:
Original Contract Amount $ 81,681.76
Previous Change Order/Amendment Amount $This Change order/Amendment amount $Contract Total $ 81,681.76
Bid# 151.21 Rev. 2018-10-10 btf
Budget Line Item# 11139100.544500
1/44101KIN
COUNT
NOTICE OF AWARD
Date: September 9, 2021
To: Network Infrastructure Construction, Co.
Scott Wendland, President
12835 US HWY 285
Conifer, CO 80433
RE: 151.21 -Maroon Creek Rd Retaining Wall Project
The County, having duly considered the Proposal submitted on September 1, 2021 for the
work or purchase covered by the Contract Document titled 151.21 - Maroon Creek Rd
Retaining Wall Project in the amount of Eighty-One Thousand Six Hundred Eighty-One
dollars and Seventy-Six cents ($81,681.76), and it appearing that the Price and other
information in your Proposal Form is fair, equitable and to the best interest of the County,
the offer in your Proposal Form is hereby accepted.
In accordance with the terms of the Contract Documents, you are required to execute the
Agreement in one original of contract within ten(10) consecutive days from this Notice of
Award.
In addition,you are required to furnish in the said time Certificates of Insurance evidencing
compliance with the requirement for insurance as stated in the Contract Documents to
Procurement via email at procurement@pitkincounty.com.
PITKIN COUNTY
t-rottfit, r Sep-14-2021
Gerald Fielding Date
County Engineer
ACCEPTANCE OF NOTICE
Receipt of the above Notice of Award is hereby acknowledged
Scat (Puatata Sep-14-2021
Scott wendl and Date
Network Infrastructure Construction Company
President
Contract# 151.21 Rev.2018-10-10 b f
Budget Line Item# 11139100.544500
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PITKIN COUNTY CONSTRUCTION CONTRACT
THIS CONTRACT,made September 9,2021 by and between the Board of County Commissioners
ofPitkin County, Colorado, 530 E. Main St., Suite#302,Aspen, CO 81611, (hereinafter called the
"County") and Network Infrastructure Construction, Co., 12835 US Hwy 285, Conifer, CO 80433
(hereinafter called the "Contractor")to perform the following work: Maroon Creek Rd Retaining
Wall ("Project").
I. Term of Contract: The term of this Contract is from September 9, 2021 to November 30,
2021.
II. Scope of Work and Work Schedule:
A. Scope of Work:
Contractor shall complete the Maroon Creek Road wall construction work as
described in the County's August 11, 2021 Request for Proposals document
together with the accompanying attachments and addenda ("Attachment A").
Contractor shall perform the work in accordance with the terms of this Contract,
the Project Bid Plans and the Special Provisions for the Maroon Creek Road
Retaining Wall in Attachment A, and in compliance with any and all applicable
Local, State, and/or Federal laws, regulations and/or ordinances.
B. All work performed under this Contract shall be done according to the following
work schedule:
Contractor's proposed construction schedule included in the attached Contractor
Proposal ("Attachment B") with an agreed upon substantial completion date of
November 19, 2021. Work schedules, mobilization, and project completion must
be coordinated and clearly communicated with Project Lead.
III. Payment: The County agrees to pay, and the Contractor agrees to accept, in full payment
for the performance of this Contract, the total price of Eighty-One Thousand Six Hundred
Eighty-One dollars and Seventy-Six cents ($81,681.76) in accordance with this Contract,
subject to increase or decrease in accordance with the provisions of this Contract; but any
payment by the County may be offset by any amount the Contractor owes the County for
any reason.
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Contract# 151.21 Rev.2018-10-10 b f
Budget Line Item# 11139100.544500
A. Payment Procedures
1) Contractor shall submit applications for payment monthly for work
done to date.
2) Progress payments for Contracts exceeding one hundred fifty
thousand dollars ($150,000.00)
a. County shall make progress payments, within thirty (30) days of
County's approval of Contractor's pay request.
b. In accordance to amend Section 2 Colorado Revised Statutes
(C.R.S.) § 24-91-103, for contracts exceeding one hundred fifty
thousand dollars($150,000.00)and if the Contractor is satisfactorily
performing this Contract, progress payments shall be in an amount
equal to ninety-five percent (95%) of the calculated value of
completed Project work. If, in the opinion of the Project Lead and
County, satisfactory progress is not being made on the Project, or if
claims are filed under Section C.R.S. § 38-26-107, as amended,
County may retain such additional amounts as County may deem
necessary to assure completion of the Project or to pay such claims
and any Project Lead's and attorney's fees reasonably incurred or to
be incurred by County in defending or handling such claims. The
withheld percentage of the Contract Price shall be retained until the
Project is completed satisfactorily and finally accepted by County in
accordance with the provisions of this Contract. Progress payments
shall not constitute final acceptance of the Project.
3) County shall make final payment, including release of retainage, to
Contractor in accordance with this Contract and Section C.R.S. § 38-26-
107, as amended.
IV. Contractor Obligations:
A. Supervision and Superintendence
1) The Contractor shall supervise and direct the Project competently
and efficiently devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Project in accordance with this
Contract. The Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction. The
Contractor shall be responsible to see that the finished Project compiles
accurately with this Contract.
2) The Contractor shall appoint and identify to the County and Project
Lead, a competent on-site superintendent to be kept on the Project at all
times during its progress and who shall not be replaced without written
notice to the County and the Project Lead except under extraordinary
circumstances. The superintendent will be the Contractor's representative
at the site and shall have authority to act on behalf of the Contractor. All
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communications given to the superintendent shall be as binding as if given
to the Contractor.
B. Subcontractors, Suppliers and Others
1) The Contractor shall not employ any subcontractor, supplier or
other person or organization (including those acceptable to the County and
the Project Lead, whether initially or as a substitute) against whom the
County or the Project Lead may have reasonable objection.
2) The identity of subcontractors, suppliers or other persons or
organizations including those who are to furnish the principal items of
materials and equipment must be submitted to the County in advance of any
work performed or materials supplied under this Contract for acceptance by
the County and the Project Lead.No acceptance by the County or the Project
Lead of any such subcontractor, supplier or other person or organization
shall constitute a waiver of any right of the County or the Project Lead to
reject defective Project work.
3) The Contractor shall be fully responsible to the County and the
Project Lead for all acts and omissions of the subcontractors, suppliers and
other persons and organizations performing or furnishing any of the Project
work under a direct or indirect contract with Contractor just as Contractor
is responsible for Contractor's own acts and omissions. Nothing in this
Contract shall create any Contractual relationship between the County or
the Project Lead and any such subcontractor, supplier or other person or
organization, nor shall it create any obligation on the part of the County or
the Project Lead to pay or to see to the payment of any moneys due any such
subcontractor, supplier or other person or organization except as may
otherwise be required by laws and regulations.
4) All Project work performed for Contractor by a subcontractor will
be pursuant to an appropriate contract between the Contractor and the
subcontractor which specifically binds the subcontractor to the applicable
terms and conditions of this Contract for the benefit of the County and the
Project Lead.
C. Patent Fees and Royalties. The Contractor shall pay all license fees and royalties
and assume all costs incident to their use in the performance of the Project or the
incorporation in the Project of any invention, design, process, product or device
which is the subject of patent rights or copyrights held by others. Contractor shall
indemnify and hold harmless the County and the Project Lead and anyone directly
or indirectly employed by either of them from and against all claims, damages,
losses and expenses (including attorney's fees and court costs) arising out of any
infringement of patent rights or copyrights incidental to the use in the performance
of the Project or resulting from the product or device not specified in this Contract,
and shall defend all such claims in connection with any alleged infringement of
such rights.
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Budget Line Item# 11139100.544500
D. Permits. Unless otherwise provided in this Contract, the Contractor shall obtain
and pay for all construction permits and licenses. The County shall assist the
Contractor,when necessary, in obtaining such permits and licenses. The Contractor
shall pay all governmental charges and inspection fees necessary for the
prosecution of the Project. The Contractor shall pay all charges of utilities for
connections to the Project, and the County shall pay all charges of such utility
owners for capital costs related thereto such as plant investment fees.
E. Laws and Regulations. The Contractor shall be familiar with and shall comply with
all federal, state, and local laws, ordinances, rules, and regulations applicable to
furnishing and performance of the Project including rules, regulations, and
ordinances the County promulgates at any time. Except where otherwise expressly
required by applicable laws and regulations, neither the County nor the Project Lead
shall be responsible for monitoring the Contractor's compliance with any Laws or
Regulations.
F. Taxes. The Contractor shall pay all existing and future applicable federal, state and
local sales, consumer,use and other similar taxes whether direct or indirect.Federal
excise tax may not apply to materials purchased by the County. The Contract price
shall include all other federal, state, and/or local direct or indirect taxes, which do
apply. The Contract price shall include the cost of compliance with all other Federal
Laws and Regulations at no additional cost to the County (except as provided in
this Contract). The Contractor shall not be reimbursed separately for any taxes,
which may apply except as provided in this Contract, and the Contractor shall be
responsible for all taxes,which may apply. The County is tax exempt from Federal
Excise Tax and Colorado State or local sales or use taxes. The Contractor and its
subcontractors shall apply to the Colorado Department of Revenue for a Certificate
of Exemption indicating that the Contractor or subcontractor's purchase of
construction material or building materials is for use in a building, structure, or
other public work owned and used by the County.
G. Use of Premises.
1) The Contractor shall confine construction equipment,the storage of
materials and equipment and the operations of workers to the Project site
and land and areas permitted by this Contract, law, ordinances, and permits.
The Contractor shall assume full responsibility for any damage to any such
land or area, or to the County or occupant thereof or of any land or areas
contiguous thereto, resulting from the performance of the Project. Should
any claim be made against the County or the Project Lead by any such
owner or occupant because of the performance of the Project, Contractor
shall promptly settle with such other party. The Contractor shall, to the
fullest extent permitted by Laws and Regulations, indemnify and hold the
County harmless from and against all claims, damages, losses and expenses
(including, but not limited to, fees of engineers, architects, attorneys and
other professionals and court costs) arising directly, indirectly or
consequentially out of any action, legal or equitable, brought by any such
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Budget Line Item# 11139100.544500
other party against the County or the Project Lead to the extent based on a
claim arising out of the Contractor's performance of the Project.
2) During the progress of the Project, the Contractor shall keep the
premises free from accumulations of waste materials, rubbish and other
debris resulting from the Project. At the completion of the Project, the
Contractor shall remove all waste materials, rubbish and debris from and
about the premises as well as all tools, appliances, construction equipment
and machinery, temporary structures, stumps or portions of trees, and
surplus materials, and shall leave the site clean and ready for occupancy by
the County. The Contractor shall restore to original condition all property
not designated for alteration by this Contract.
3) The Contractor shall not load or permit any part of any structure to
be loaded in any manner that will endanger the structure, nor shall the
Contractor subject any part of the Project or adjacent property to stresses or
pressures that will endanger it.
H. Safety and Protection.
1) The Contractor shall be solely responsible for initiating,
maintaining and supervising all safety precautions and programs in
connection with the Project. The Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
a. All employees in the Project area and other persons and
organizations who may be affected thereby;
b. All the Project materials and equipment to be incorporated therein,
whether in storage on or off the site; and
c. Other property at the site or adjacent thereto, including trees, shrubs,
lawns, walks, pavements, road-ways, structures, utilities and
underground facilities not designated for removal, relocation or
replacement in the course of construction.
2) The Contractor shall be required to assume sole and complete
responsibility for job site conditions during the course of construction of the
Project, including the safety of all persons who may enter on the job site for
any reason and the security of all property located on the job site. This
requirement shall apply at all times during the course of the Contract and
not only to normal Project work hours.
3) The Contractor shall at all times conduct the Project in such manner
as will incur the least practicable interference with traffic and existing utility
systems. No section of any road shall be closed to the public,nor any utility
system put out of service except after permission, has been granted by the
Project Lead. Each item of the Project shall be prosecuted to completion
without delay and in no instance will the Contractor be permitted to transfer
its forces from an uncompleted Project to a new Project without prior
written notification of the Contractor to the Project Lead.
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Budget Line Item# 11139100.544500
a. Unless this Contract specifically provides for the closing to traffic
of any local road or highway while construction is in progress, such
road or highway shall be kept open to all traffic by the Contractor.
The Contractor shall also provide and maintain in a safe condition
temporary approaches, crossings, or intersections with roads and
highways. The Contractor shall bear all expense of maintaining
traffic over the section of road affected by the Project to be done
under this Contract, and of constructing and maintaining such
approaches, crossing, intersections and any necessary features
without direct compensation, except as otherwise provided.
b. The Contractor shall provide, erect and maintain all necessary
barricades, signs, danger signals and lights to protect the Project and
the safety of the public. The Contractor's responsibility for
necessary barricades, signs, and lights shall not cease until the
Project has been accepted.
I. Shop Drawings and Samples.
1) After checking and verifying all field measurements and after
complying with applicable procedures specified in this Contract, the
Contractor shall submit to the Project Lead for review and approval in
accordance with the approved schedule of shop drawing submissions, three
(3)copies(unless otherwise specified)of all shop drawings,which will bear
a stamp or specific written indication that the Contractor has satisfied the
Contractor's responsibilities under this Contract with respect to the review
of the submission. All submissions will be identified as the Project Lead
may require. The data shown on the shop drawings will be complete with
respect to quantities, dimensions, specified performance and design criteria,
materials and similar data to enable the Project Lead to review the
information as required.
2) The Contractor shall also submit to the Project Lead for review and
approval with such promptness as to cause no delay in Project, all samples
required by this Contract. All samples will have been checked by and
accompanied by a specific written indication that the Contractor has
satisfied the Contractor's responsibilities under this Contract with respect to
the review of the submission and will be identified clearly as to material,
supplier, pertinent data such as catalog numbers and the use for which
intended.
3) Before submission of each shop drawing or sample, the Contractor
shall have determined and verified all quantities, dimensions, specified
performance criteria, installation requirements, materials, catalog numbers
and similar data with respect thereto;and reviewed or coordinated each shop
drawing or sample with other shop drawings and samples and with the
requirements of the Project and this Contract.
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Budget Line Item# 11139100.544500
4) At the time of each submission,the Contractor shall give the Project
Lead specific written notice of each variation that the shop drawings or
samples may have from the requirements of this Contract, and, in addition,
shall cause a specific notation to be made on each shop drawing submitted
to the Project Lead for review and approval of each such variation.
5) Where a shop drawing or sample is required by the specifications,
no related Project work shall be commenced prior to the Project Lead's
review and approval of the shop drawing or samples.
6) The cost of furnishing all shop drawings and samples shall be borne
by Contractor.
V. Performance and Payment Bond.
A. Contractor shall furnish a performance and payment bond in the amount of one half
of the total Contract value for all Contracts over fifty thousand dollars($50,000.00),
as required by C.R.S. § 38-26-105, et seq. all Bonds shall be in the form acceptable
to the County. All Bonds signed by an agent must be accompanied by a certified
copy of the authority to act.
B. If the surety on any Bond furnished by Contractor is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state or it ceases to meet
the requirements of paragraph A of this Section, Contractor shall within five (5)
days thereafter substitute another Bond and Surety, both of which must be
acceptable to the County.
VI. Indemnity.
A. The Contractor agrees to indemnify, hold harmless and, not excluding the County's
right to participate, defend the County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials, trustees, employees,
agents, volunteers, and any jurisdiction or agency issuing permits for any work
included in the project,hereinafter referred to as indemnitee,from all suits and claims,
including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered
under workers' compensation law or arising out of the failure of the Contractor to
conform to any statutes, ordinances, regulation, law or court decree. It is agreed that
the Contractor will be responsible for primary loss investigation, defense and
judgment costs where this Contract of indemnity applies. In consideration of the
award of this Contract,the Contractor agrees to waive all rights of subrogation against
the County its subsidiary, parent, associated and/or affiliated entities, successors, or
assigns, its elected officials, trustees, employees, agents, and volunteers for losses
arising from the work performed by the Contractor for the County.
B. The Contractor further shall investigate, process, respond to, adjust, provide
defense for and defend,pay or settle all claims, demands, or lawsuits related hereto
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Budget Line Item# 11139100.544500
at its sole expense and shall bear all other costs and expenses related thereto, even
if the claim, demand or lawsuit is groundless, false or fraudulent.
VII. Insurance. Contractor and subcontractors shall procure and maintain until all of their
obligations have been discharged, including any warranty periods under this Contract are
satisfied, insurance against claims for injury to persons or damage to property which may
arise from or in connection with the performance of the work hereunder by the Contractor,
its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Contract and in no
way limit the indemnity covenants contained in this Contract. The policies shall include,
or be endorsed to include, the following provision: On insurance policies where the
County is named as an additional insured, the County shall be an additional insured to the
full limits of liability purchased by the Contractor even if those limits of liability are in
excess of those required by this Contract.
The County in no way warrants that the minimum limits contained herein are sufficient to
protect the Contractor from liabilities that might arise out of the performance of the work
under this Contract by the Contractor, its agents, representatives, employees, or
subcontractors. The Contractor shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contractor is not relieved
of any liability or other obligations assumed or pursuant to the Contract by reason of its
failure to obtain or maintain insurance in sufficient amounts, duration, or types.
Commercial General Liability Completed Operations coverage must be kept in effect for
up to three (3) years after completion of the project.
A. Coverage and Limits of Insurance: Contractor shall provide coverage with limits of
liability not less than those stated below. An umbrella and/or excess liability policy
may be used to meet the minimum liability requirements provided that the coverage
is written on a"following form"basis.
1) Statutory Workers' Compensation: Colorado statutory minimums
a. Policy shall contain a waiver of subrogation against the County.
b. This requirement shall not apply when a contractor or subcontractor
is exempt under Colorado Workers' Compensation Act, AND when
such contractor or subcontractor executes the appropriate sole
proprietor waiver form.
Minimum Limits:
Coverage A(Workers' Compensation) Statutory
Coverage B (Employers Liability) $ 500,000
$ 500,000
$ 500,000
2) Commercial General Liability—ISO 1CG 0001 form or equivalent
(With County named additional insured)
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Contract# 151.21 Rev.2018-10-10 b f
Budget Line Item# 11139100.544500
Minimum Limits:
General Aggregate $ 2,000,000
Products/Completed Operations Aggregate $ 2,000,000
Each Occurrence Limit $ 1,000,000
Personal/Advertising Injury $ 1,000,000
Fire Damage(Any One Fire) $ 50,000
Medical Payments(Any One Person) $ 5,000
Coverage to include:
• Premises and Operations
• Explosions, Collapse and Underground Hazards
• Personal/Advertising Injury
• Products/Completed Operations
• Liability assumed under an Insured Contract (including defense costs assumed
under contract)
• Independent Contractors
• Designated Construction Projects(s) General Aggregate Limit, ISO CG 2503
(1997 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO Form
2010 (2004 Edition or equivalent)
• Additional Insured—Owners, Lessees or Contractors Endorsement, ISO CG 2037
(2004 Edition or equivalent)
• The policy shall be endorsed to include the following additional insured language
on the Additional Insured Endorsements specified above: "County, its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected
officials, trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of the activities
performed by, or on behalf of the Contractor, including completed operations".
3) Auto Liability: Bodily injury and property damage for any owned,
hired, and non-owned vehicles used in the performance of this Contract.
Minimum Limits: Statutory
Coverage Bodily/Property Damage(Each Accident) $ 1,000,000
4) Contractors Pollution Liability: The County requires this coverage
whenever work at issue under this Contract involves potential pollution risk
to the environment or losses caused by pollution conditions (including
asbestos)that may arise from the operations of the Contractor described in
the Contractor's scope of services. Policy shall cover the Contractor's
completed operations. Contractors Pollution Liability coverage (including
Completed Operations) must be kept in effect for up to three (3)years after
completion of the project.
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Budget Line Item# 11139100.544500
Coverage shall apply to sudden and gradual pollution conditions resulting
from the escape of release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, natural gas, waste materials, or other irritants,
contaminants, or pollutants (including asbestos). If the coverage is written
on a claims-made basis, the Contractor warrants that any retroactive date
applicable to coverage under the policy precedes the effective date of this
Contract; and that continuous coverage will be maintained or an extended
discovery period will be exercised for a period of three (3) years beginning
from the time that work under this Contract is completed.
a. The policy shall be endorsed to include the following as Additional
Insureds: "Pitkin County, its subsidiary, parent, associated and/or
affiliated entities, successors, or assigns, its elected officials,
trustees, employees, agents, and volunteers named as an additional
insured with respect to liability and defense of suits arising out of
the activities performed by, or on behalf of the Contractor, including
completed operations".
Minimum Limits:
Per Loss $ 1,000,000
Aggregate $ 1,000,000
5) Professional Liability: The Contractor shall maintain Professional
Liability covering wrongful acts, errors and/or omissions, including design
errors, if applicable, for damage sustained by reason of or in the course of
operations under this Contract resulting from professional services provided
by the Contractor as part of the Contract. Contractors Professional Liability
(Errors and Omissions) policy must be kept in effect during the project and
for up to three (3) years after completion of the project.
The policy/coverages shall be amended to include the following:
a. Coverage shall apply for three (3) years after project is complete.
b. Policy is to be on a primary basis; if other professional coverage is
carried.
Per Loss $ 1,000,000
Aggregate $ 2,000,000
6) Builders Risk Insurance or Installation Floater —Completed Value
Basis
Unless otherwise provided, the Contractor shall purchase and maintain, in
a company or companies lawfully authorized to do business in the
jurisdiction in which the Project is located, Builders' Risk Insurance in the
amount of the initial Contract Sum,plus value of subsequent modifications,
change orders, and cost of material supplied or installed by others,
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Contract# 151.21 Rev.2018-10-10 b f
Budget Line Item# 11139100.544500
comprising total value of the entire Project at the site on a replacement cost
basis without optional deductibles.
a. Policy must provide coverage from the time any covered property
becomes the responsibility of the Contractor, and continue without
interruption during construction, renovation, or installation,
including any time during which the covered property is being
transported to the construction installation site, or awaiting
installation, whether on or off site.
b. Such Builders'Risk Insurance shall be maintained, unless otherwise
provided in the Contract Documents or otherwise agreed in writing
by all persons and entities who are beneficiaries of such insurance,
until fmal payment has been made or until no person or entity other
than the County's has insurable interest in the property to be
covered, whichever is later.
c. The Builders' Risk insurance shall include interests of the County
and if applicable, affiliated or associate entities, the General
Contractor, subcontractors and sub-tier contractors in the Project.
d. The Builders' Risk Coverage shall be written on a Special Covered
Cause of Loss form and shall include theft, vandalism, malicious
mischief, collapse, false-work, temporary buildings, transit, debris
removal including demolition, increased cost of construction,
architect's fees and expenses, flood (including water damage),
earthquake,and if applicable,all below and above ground structures,
piping, foundations including underground water and sewer mains,
piling including the ground on which the structure rests and
excavation, backfilling, filling, and grading.
e. The Builders' Risk shall include a Beneficial Occupancy
Clause. The policy shall specifically permit occupancy of the
building during construction. Contractor shall take reasonable steps
to obtain consent of the insurance company and delete any
provisions with regard to restrictions within any Occupancy Clauses
within the Builder's Risk Policy. The Builder's Risk Policy shall
remain in force until acceptance of the project by the County.
f. Equipment Breakdown Coverage (a.k.a. Boiler & Machinery) shall
be included as required by the Contract Documents or by law,which
shall specifically cover insured equipment during installation and
testing (including cold and hot testing).
g. The deductible shall not exceed $25,000 and shall be the
responsibility of the Contractor except for losses that involve all
Acts of God such as flood, earthquake, windstorm, tsunami,
volcano, etc.
7) Special Coverages (check as appropriate and insert amount):
a. ® Performance Bond $40,840.88
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Contract# 151.21 Rev.2018-10-10 b f
Budget Line Item# 11139100.544500
i. ❑ Labor and Material $
ii. ❑ Payment Bond $
b. ❑ Professional Errors and Omissions
c. ❑ Aircraft Liability
d. ❑ Owner's Protective
e. ❑ Boiler and Machinery
f. ❑ Loss of Use Insurance
g. El Crime, including Employee Dishonesty Coverage, or Fidelity
Bond
B. Proof of Insurance:
1) Each insurance policy required by the insurance provisions of this
Contract shall provide the required coverage and shall not be suspended,
voided or canceled except after thirty(30)days prior written notice has been
given to the County, except when cancellation is for non-payment of
premium, then ten (10) days prior notice may be given. Such notice shall
be sent directly to Pitkin County Procurement 530 E Main Street, Suite
#304, Aspen, CO 81611. If the insurance carrier will not provide the
required notice, the Consultant/Contractor and or its insurance broker shall
notify the County of any cancellation, or reduction in coverage or limits of
any insurance within seven (7) days of receipt of insurers' notification to
that effect. Simultaneously with the Certificates of Insurance, the Contractor
shall file with the Project Lead a certified statement as to claims pending
against the required coverages,reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
2) In addition,these Certificates of Insurance shall contain the following
clauses:
a. The Contractor's insurance shall be primary and non-contributory
with any insurance or self-insurance purchased by the County.
b. The insurance companies issuing the policy or policies hereunder shall
have no recourse against the County of Pitkin for payment of any
premiums or for assessments under any form of policy.
c. Any and all deductibles or self-insured retentions in the above-
described insurance policies shall be assumed by and be for the
amount of, and at the sole expense of the Contractor.
d. Location of operations shall be: "all operations and locations at which
work for the referenced Project is being done."
3) Certificates of Insurance for all renewal policies shall be delivered to
the Procurement Department at procurement@pitkincounty.com, 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.
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4) The County reserves the right to request and receive a copy of any
policy and any policy endorsement at any time during the term of this
Contract.
VIII. Exemptions and Preferences.
A. All purchases of construction or building or any other materials for any contract
shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and
84-78000-5K.
B. Pursuant to state statute and to the extent permitted by law, Colorado labor shall be
employed to perform the Project to the extent of not less than eighty percent (80%)
of each type or class of labor employed on such project; except for highway
construction,which is subject to C.R.S. §43-2-208,which provides that all laborers
shall be bona fide residents of Colorado with a preference to residents of the County
where the Project is performed.
IX. Protection and Restoration of Property and Landscape; Hazardous Materials.
A. Protection and Restoration of Property and Landscape.
1) The Contractor shall be responsible for the preservation of all public
and private property and shall carefully protect from disturbance or damage
all land and property, as well as any monuments and property marks until
the Project Lead has witnessed or otherwise referenced their location and
shall not remove them until directed.
2) The Contractor shall be responsible for all damage or injury to
property of any character, during the prosecution of the Project, resulting
from any act, omission, neglect, or misconduct in its manner or method of
executing the Project, or at any time due to defective Project work or
materials, and said responsibility shall not be released until the project shall
have been completed and accepted.
3) When or where any direct or indirect damage or injury is done to
public or private property by or on account of any act, omission, neglect, or
misconduct by the Contractor in the execution of the Project, or in
consequence of the non-execution thereof by the Contractor, it shall restore,
at its own expense, such property to a condition similar or equal to that
existing before such damage or injury was done, by repairing, rebuilding,
or otherwise restoring as may be directed, or it shall make good such
damage or injury in an acceptable manner.
4) Materials storage, equipment parking, vehicle parking and
stockpiling excavated materials shall be allowed only in those areas
designated by the Project Lead.
5) If the Contractor disturbs any of the landscape not called for
removal, it shall restore those areas as directed by the Project Lead at the
Contractor's expense.
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B. Hazardous Materials
1) The County shall not be responsible for the cost of and the removal
or cleanup of Hazardous Materials found in any materials brought to the
Project site, after the Project site is turned over to the Contractor.
2) The Contractor shall provide the Project Lead with a written
certification each time materials or equipment is brought onto the Project
site that such materials or equipment do not contain Hazardous Materials.
X. County Work at the Project Site.
A. The County may perform other work related to the Project at the site by the
County's own forces, have other work performed by utility owners or let other
direct contracts therefor which shall contain terms similar to these. The Contractor
shall perform and coordinate its activities with other contractors to avoid conflict
and minimize disruptions.
B. The Contractor shall afford each utility owner and other contractor who is a party
to such a direct contract (or the County if the County is performing the additional
work with the County's employees) proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment
and the execution of such work, and shall properly connect and coordinate the work
with theirs. The Contractor shall do all cutting, fitting and patching of the Project
that may be required to make its several parts come together properly and integrate
with such other work. The Contractor shall not endanger any work of others by
cutting, excavating or otherwise altering their work and will only cut or alter their
work with the written consent of Project Lead and the others whose work will be
affected. The duties and responsibilities of Contractor under this paragraph are for
the benefit of such utility owners and other contractors to the extent that there are
comparable provisions for the benefit of the Contractor in said direct contracts
between the County and such utility owners and other contractors.
C. If any part of the Contractor's Project depends for proper execution or results upon
the work of any such other contractor or utility owner (or the County), the
Contractor shall inspect and promptly report to the Project Lead in writing any
delays, defects or deficiencies in such work that render it unavailable or unsuitable
for such proper execution and results. The Contractor's failure to report such
conditions will constitute an acceptance of the other work as fit and proper for
integration with the Contractor's Project except for latent or non-apparent defects
and deficiencies in the other work.
XI. Changes in the Project and Use of Change Orders.
A. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder.
1) The Project Lead shall issue a notice informing the Contractor of a
planned change in the Project and requesting the Contractor's detailed price
proposal and adjusted schedule of work. The Contractor shall submit a
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priced proposal for performing the proposed change in the Project within
five (5) days of notice or such other time acceptable to both parties. When
the Contractor and the County reach agreement on the adjustments to the
Contract price and/or Contract time, and changes in the Project, such
adjustments shall be promptly recorded in an executed Change Order.
B. All Contractor initiated change requests shall be submitted to the County and the
Project Lead in a letter or written notice with the reference notation "Contractor
Change Request". If the Contractor: (i) receives any oral or written instructions,
directives or interpretations of Contract Documents, or determinations from the
Project Lead or, (ii) identifies what it believes are design errors or omissions in the
Contract Drawings or Specifications, or (iii) encounters a differing site condition;
or, (iv) is delayed in the progress of the Project; or, (v)becomes aware of any other
matter or circumstance which it believes would require a change in the Contract
Price or Contract Time, the Contractor shall give the Project Lead prompt written
notice of such matters.
1) All Contractor change requests shall be dated, numbered
sequentially, and shall describe the action or event which the Contractor
believes may require an extension in time, price or other modification. The
Contractor shall also provide descriptions of possible Contractor actions or
solutions to minimize the cost of the Contractor change request and,provide
an estimate of the adjustment in the Contract Price and/or Contract Time,
which it believes is appropriate.
2) Contractor Time Requirements
a. With respect to orders, instructions, directives, interpretations,
determinations, or the discovery of any errors or omissions in this
Contract, a Contractor change request shall be submitted before the
Contractor acts on them, but in no event more than ten (10)
consecutive calendar days after they were received or discovered.
b. With respect to any differing site conditions, a Contractor change
request shall be submitted before the conditions are disturbed,but in
no event more than ten (10) consecutive calendar days after the
conditions are first discovered.
c. With respect to delays, a Contractor change request shall be
submitted as soon as the Contractor has knowledge of the delay, but
in no event more than ten(10)consecutive calendar days therefrom.
d. With respect to any matters or circumstance which the Contractor
believes would require a change, including delays, a Contractor
change request shall be submitted as soon as the Contractor has
knowledge of the matter or circumstance, but in no event more than
ten (10) consecutive calendar days after the Contractor becomes
aware of such circumstance or matter.
3) Submittal Requirements and Waiver of Claims
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a. If the Contractor does not submit a Contractor change request within
the time required above, any action by the Contractor related to such
order, direction, instruction, interpretation, determination, design
error or omission, or other matter, including delays or differing site
conditions, will not be considered by the County as a change to the
Project and the Contractor waives any claim for an adjustment on
the Contract Price or the Contract Time.
b. The Contractor shall, at the time a Contractor change request is
submitted provide the Project Lead with a complete and itemized
proposal of Contract price and time adjustments. The proposal shall
also contain a detailed explanation, citing all applicable provisions
in this Contract, which supports the Contractor change request. If
the Contractor does not submit its itemized proposal within the time
described above or within such extension, which the Project Lead,
in his/her discretion may have granted in writing, it waives any
claim for an adjustment in the Contract price or Contract time arising
out of the act or event described in the Contract change request.
c. If a Contractor change request is denied by the Project Lead, in
whole or in part, any claim for an increase in the Contract price or
Contract time arising out of the act or event described in the
Contractor change request is waived unless the Contractor timely
complied with the provisions of paragraphs 2(a-d) of this Section.
XII. Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of
Defective Project Work
A. Warranty.
1) The Contractor warrants and guarantees to the County that all Project
work, whether supplied, furnished, installed, provided, or performed by
Contractor, a subcontractor, or supplier, will be in accordance with this
Contract and will not be defective and that all Project work shall be performed
in a skillful and workmanlike manner. Additionally, the Contractor shall
warrant that all equipment which is incorporated into the Project or any
subsystem shall be new, free from liens and defects in design,have clear title,
be free from faulty materials and workmanship, and shall conform in all
aspects to the terms of this Contract, to the drawings issued for manufacture
by the Contractor, and shall be in conformance with the those technical
specifications provided in Section II (Scope of Work) of this Contract and
Contractor's Proposal. Except where longer periods of warranty are indicated
for certain items, Contractor warrants Project work, whether furnished,
installed, provided, performed or supplied by Contractor, a subcontractor or
supplier,to be free from faulty materials and workmanship and that each piece
of equipment or any part thereof incorporated into the Project or any
subsystem shall conform to the aforementioned warranty and guarantee
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provisions and be free from failure for a period of not less than two (2) years
from date of Final Payment. Landscaping replacement shall be warranted for
two (2)growing seasons.
2) With respect to all warranties, express or implied, from
subcontractors, manufacturers, or suppliers for Project work performed and
materials furnished under the Contract,the Contractor shall:
a. Obtain all warranties that would be given in normal commercial
practice. To the extent that the subcontractor's, manufacturer's, or
supplier's, standard warranty exceeds the minimum County
requirements as set forth in this Section or elsewhere in this Contract,
the subcontractor's, manufacturer's, or supplier's standard warranty
shall apply.
b. Require all warranties to be executed, in writing, for the benefit of the
County, if directed by the Project Lead; or
c. Enforce all warranties for the benefit of the County, if directed by the
Project Lead.
d. Assign all warranties and guarantees in writing to the County upon the
request of the County.
B. Access to Project. The Project Lead and the Project Lead's representatives,
other representatives of the County, testing agencies and governmental agencies
with jurisdictional interests shall have access to the Project, at any time for their
observation, inspecting and testing. Contractor shall provide proper and safe
conditions for such access.
C. Tests and Inspections.
1) The Contractor shall cooperate with material testing persons and
firms, and for required inspections, and compliance and approval tests for the
work performed by the Contractor or its subcontractor.
2) If any laws,ordinances,rules,regulations, code or order of any public
body having jurisdiction requires any Project work (or part thereof) to
specifically be inspected,tested or approved,the Contractor shall assume full
responsibility therefore, pay all costs in connection therewith and furnish the
Project Lead the required certificates of inspection, testing or approval. The
Contractor shall also be responsible for and shall pay all costs in connection
with any inspection or re-testing required in connection with the County's or
the Project Lead's acceptance of a supplier of materials or equipment proposed
to be incorporated in the Project, or of materials or equipment submitted for
approval prior to the Contractor's purchase thereof for incorporation in the
Project.The cost of all inspections,testing,re-testing and approvals in addition
to the above which are required by this Contract shall be paid by the Contractor
(unless otherwise specified). The County will conduct and pay for the
conformance tests on materials installed in-place,and the Contractor shall pay
for re-testing of all failing and non-conforming materials thereafter.
3) All inspections, tests or approvals other than those required by laws,
ordinances, rule, regulations, code, or order of any public body having
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jurisdiction shall be performed by organizations acceptable to the Project
Lead.
4) If any Project work (including the work of others) that is to be
inspected, tested or approved is covered without written concurrence of the
Project Lead, it must be uncovered for observation. Such uncovering and
testing when required by the Project Lead shall be at the Contractor's expense.
5) Neither observations by the Project Lead nor inspections, tests or
approvals by others shall relieve the Contractor from the Contractor's
obligations to perform the Project in accordance with this Contract.
D. Correction or Removal of Defective Work. If required by the Project Lead or the
County,the Contractor shall promptly, as directed, either correct all defective Project
work, whether or not fabricated, installed or completed, or, if the Project work has
been rejected by the Project Lead or the County,remove it from the site and replace it
with non-defective Project work. The Contractor shall bear all direct, indirect and
consequential costs of such correction or removal (including but not limited to fees
and charges of engineers, architects, attorneys and other professionals) made
necessary thereby.
E. Correction Period. If within two (2)years after the date of Final Payment or such
longer period of time as may be prescribed by laws or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific provision of
the Contract Documents, any Project work is found to be defective, the Contractor
shall promptly without cost to County and in accordance with County's written
instructions, either correct such defective Project work, or, if it has been rejected by
County,remove it from the site and replace it with non-defective Project work. If the
Contractor does not promptly (within seven (7) days from receipt) comply with the
terms of such instructions, or in an emergency where delay would cause serious risk
of loss or damage, the County may have the defective Project work corrected or the
rejected Project work removed and replaced,and all direct, indirect and consequential
costs of such removal and replacement (including but not limited to fees and charges
of engineers, architects, attorneys and other professionals) will be paid by the
Contractor. Contractor shall also pay for any damage to other Project work, other
property, or person,which occurred as a result of the defective Project work.
F. County May Correct Defective Work. If the Contractor fails within ten (10)
consecutive calendar days after written notice of the Project Lead or the County to
proceed to correct and to correct defective Project work or to remove and replace
rejected Project work as required by the Project Lead or the County in accordance
with paragraph D of this Section,or if the Contractor fails to perform the Project work
in accordance with the Contract Documents, or if the Contractor fails to comply with
any other provision of the Contract Documents,the County may,after seven(7) days'
written notice to the Contractor, correct and remedy any such deficiency. In
exercising the rights and remedies under this paragraph the County shall proceed
expeditiously to the extent necessary to complete corrective and remedial action. The
County may exclude the Contractor from all or part of the site, take possession of all
or part of the Project, and suspend the Contractor's services related thereto, take
possession of the Contractor's tools, appliances, construction equipment and
machinery at the site and incorporate in the Project all materials and equipment stored
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at the site or for which the County has paid the Contractor but which are stored
elsewhere. The Contractor shall allow the County, the County's representatives,
agents and employees such access to the site as may be necessary to enable the County
to exercise the rights and remedies under this paragraph. All direct, indirect and
consequential costs of the County in exercising such rights and remedies will be
charged against the Contractor, and a Change Order will be issued by the County
incorporating the necessary revisions in the Contract price. Such direct, indirect and
consequential costs will include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals, all court costs and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or
replacement of the Contractor's defective Project work. The Contractor shall not be
allowed an extension of the Contract time because of any delay in performance of the
Project work attributable to the exercise by the County of the County's rights and
remedies hereunder.
XIII. Liquidated Damages. It is the County's intent to complete this project no later than
November 19, 2021. Liquidated damages of One Thousand Five Hundred dollars and Zero
cents($1,500.00)per calendar day shall be paid if project is not completed by that deadline.
A. Time for Completion. It is hereby understood and mutually agreed, by and between
the Contractor and the County, that the date of beginning Project work and the time
of completion as specified herein are essential conditions of the Contract. The
Contractor agrees that said Project shall be prosecuted regularly, diligently, and at
such rate of progress as will ensure completion within the time(s) specified. It is
expressly understood and agreed,by and between the Contractor and the County,that
the time(s) for completion of the Project described herein are reasonable time(s) for
the completion of the Project, taking into consideration the average climatic
conditions prevailing in the locality of the Project.
B. Time is of the Essence to the Contract. It is further agreed that time is of the
essence in completing the Project, and that the Project Work Schedule and all dates
set forth therein and where in this Contract, an additional time is allowed for the
completion of the Project, the new time limit fixed by such extension shall be of the
essence of the Contract.
C. Liquidated Damages. Completion of the Project is of paramount importance to the
County. If any portion of the Project is not completed in accordance with any time
extensions granted by the County,the County will suffer damage,the extent of which
will be impractical and extremely difficult to estimate accurately. Therefore, as part
of the consideration for executing the Contract, it is hereby agreed that the Contractor
shall pay to the County the liquidated damage amounts specified in the Contract. This
particular provision shall not be construed as a penalty upon said Contractor for failing
fully to complete said Project as agreed in the Proposal and this Contract nor is it
intended, but as Liquidated Damages to compensate the County for all costs incurred
as a result of such breach of Contract.
D. Delays in Project Completion of Construction Phase. Subject to the terms of
"Excusable Delays", as contained in paragraph E of this Section, the Contractor
expressly agrees to pay the County as a reasonable estimate of just compensation for
damages contemplated with the clause,the amount set forth as liquidated damages for
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each consecutive calendar day that completion is delayed in the construction of the
Project.
E. Excusable Delays -Force Majeure. If, by reason of Force Majeure, any party
hereto shall be rendered unable wholly or in part to carry out its obligations under this
Contract then such party shall give notice and full particulars of such Force Majeure
in writing to the other party within a reasonable time after occurrence of the event or
cause relied upon, and the obligation of the party giving such notice, so far as it is
affected by such Force Majeure, shall be suspended during the continuance of the
liability then claimed, but for no longer period, and any such party shall remove or
overcome such inability with all reasonable dispatch. The term Force Majeure as
employed herein, shall mean acts of God, strikes, lockouts, or other industrial
disturbances, acts of public enemy, orders of any kind of the Government of the
United States or the State of Colorado or any political subdivision, except the County,
or any civil or military authority, insurrection, riots, epidemics, landslides, lightning,
earthquakes, fires, hurricanes, storms, floods, washouts, droughts, arrests,restraint of
government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of
the party claiming such inability. It is understood and agreed that the settlement of
strikes and lockouts shall be entirely within the discretion of the party having the
difficulty, and that the above requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is
unfavorable to it in the judgment of the party having the difficulty.
F. Cumulative Remedy. The liquidated damages referred to herein are intended to be
and are cumulative and shall be in addition to every other remedy now or hereafter
enforceable at law, in equity,by statute, or under Contract.
XIV. Termination of Contract
A. The County may terminate this Contract upon the occurrence of any one or more of
the following events:
1) If the Contractor commences a voluntary case under any chapter of the
Bankruptcy Code(Title II,United States Code), as now or hereafter in effect,
or if Contractor takes any equivalent or similar action by filing a petition or
otherwise under any other federal or state law in effect at such time relating to
the bankruptcy or insolvency;
2) If a petition is filed against Contractor under any chapter of the
Bankruptcy Code as now or hereafter in effect at the time of filing, or if a
petition is filed seeking any such equivalent or similar relief against Contractor
under any other federal or state law in effect at the time relating to bankruptcy
or insolvency;
3) If the Contractor makes a general assignment for the benefit of
creditors;
4) If a trustee, receiver, custodian or agent of Contractor is appointed
under applicable law or under Contract, whose appointment or authority to
take charge of property of Contractor is for the purpose of enforcing a Lien
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against such property or for the purpose of general administration of such
property for the benefit of Contractor's creditors;
5) If the Contractor persistently fails to perform the Project in accordance
with this Contract including but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or failure to adhere to the
work schedule established in this Contract;
6) If the Contractor disregards laws, ordinances, rules, regulations, or
orders of any public body having jurisdiction.
B. Termination Prior to Expiration of Contract Term. The County has the right to
terminate this Contract, with or without cause, by giving written notice to the
Contractor of such termination and specifying the effective date thereof. Such
notice shall be given at least ten (10) days before the effective date of such
termination. In such event all fmished or unfmished documents, data, studies and
reports prepared by the Contractor pursuant to this Contract shall become the
County's property. Contractor shall be entitled to receive compensation in
accordance with the Contract for any satisfactory Project work completed pursuant
to the terms of this Contract prior to the date of termination. Notwithstanding the
above, Contractor shall not be relieved of liability to the County for damages
sustained by the County by virtue of any breach of the Contract by the Contractor.
XV. Independent Contract Status.
A. The parties to this Contract intend that the relationship between them contemplated
by the Contract is that of independent contractor. Contractor, and any agent,
employee, or servant of Contractor shall not be deemed to be an employee, agent,
or servant of Pitkin County.
B. Contractor is not required to offer his services exclusively to Pitkin County under
this Contract. Contractor may choose to work for other individuals or entities
during the term of this Contract, provided that the basic services and deliverable
products required under this Contract are submitted in the manner and on the
schedule defined under this Contract.
C. Contractor warrants that all work produced will conform to all applicable industry
standard of care, skill and diligence in the performance of Contractor's obligations
under this Contract.
D. Contractor shall not attempt to oversee or supervise the work or actions of any
Pitkin County employee, servant or agent in the course of completing work under
this Contract.
E. Contractor is not entitled to any Workers' Compensation benefits through Pitkin
County and is responsible for payment of any federal, state,FICA and other income
taxes.
F. The Contractor shall be required to complete and submit to the County, a Form W-9
Taxpayer Identification Number Request.
XVI. Computation of Time.
A. When any period of time is referred to in this Contract by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such
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period falls on a Saturday or Sunday or on a legal holiday, such day will be omitted
from the computation.
B. All times stated in this Contract are of the essence.
XVII. Records and Cost Pricing Data.
A. The Contractor shall maintain in a safe place at the site one record copy of all
Drawings, Specifications,Addenda, Written Amendments, Change Orders, Project
Directive Changes, Field Orders and written interpretations and clarifications in
good order and annotated and updated weekly to show all changes made during
construction. These record documents together with all approved samples will be
available to the Project Lead for reference. Upon completion of the Project, these
record documents and samples will be delivered to the Project Lead for the County.
B. The Contractor shall maintain all data and records pertinent to the Project performed
under this Contract, in accordance with generally accepted accounting principles, and
shall preserve and make available all data and records until the expiration of three(3)
years from the date of fmal payment under this Contract, or for such longer period, if
any, as is required by applicable statute or by other articles of this Contract. The
County shall have access to all such data and records for such time period to inspect,
audit and make copies thereof during normal business hours. The Contractor
covenants and agrees that it shall require that any subcontractor utilized in the
performance of this Contract permit the authorized representatives of the County to
similarly inspect and audit all data and records of said subcontractors relating to the
performance of said subcontractors under this Contract for the same time period.
C. If this Contract is completely or partially terminated,the records relating to the Project
terminated shall be made available for three (3) years after any resulting fmal
termination payment.
D. Records pertaining to appeals or to litigation or the settlement of claims arising under
or relating to the performance of this Contract shall be made available until disposition
of such appeals, litigation, or claims.
XVIII. Miscellaneous.
A. Any use of subcontractors by the Contractor for performance of this Contract must
be accepted in writing by the County.
B. Severability. If any term, section, or other provision of this Contract shall, for any
reason, be held to be invalid or unenforceable, the invalidity or unenforceability of
such term, section, or other provision shall not affect any of the remaining
provisions of this Contract, and to this end, each term, section and provision of this
Contract shall be severable.
C. Integration and Modification. This Contract represents the entire and integrated
Contract between the County and the Contractor and supersedes all prior negotiations,
representations, or contract, either written or oral. This Contract may be amended
only by written Contract signed by both the County and the Contractor.
D. Contract Made in Colorado. The parties agree that this Contract was made in
accordance with the laws of the State of Colorado and shall be so construed. Venue
is agreed to be exclusively in the courts of Pitkin County, Colorado.
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E. Attorney's Fees. In the event that legal action is necessary to enforce any of the
provisions of this Contract, the substantially prevailing party shall be entitled to its
costs and reasonable attorney's fees.
F. Governmental Immunity. Contractor agrees and understands that Pitkin County is
relying on and does not waive the monetary limitations or terms or any other rights,
immunities, and protections provided by the Colorado Governmental Immunity
Act, C.R.S., § 24-10-101, et seq., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further,
nothing in this Contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any
property damage whatsoever which is caused by the negligence or other misconduct
of the County or its agent or employees.
G. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute
only currently budgeted expenditures of Pitkin County. Pitkin County's obligations
under this Contract are subject to Pitkin County's annual right to budget and
appropriate the sums necessary to provide the services set forth herein. No
provisions of the Contract shall constitute a mandatory charge or requirement in
any ensuing fiscal year beyond the then current fiscal year of Pitkin County.
H. Notice. Any notice required or permitted under this Contract shall be in writing
and shall be provided by electronic delivery to the e-mail addresses set forth below
and by one of the following methods 1) hand-delivery or 2) registered or certified
mail,postage pre-paid to the mailing addresses set forth below.Each party by notice
sent under this paragraph may change the address to which future notices should be
sent. Electronic delivery of notices shall be considered delivered upon receipt of
confirmation of delivery on the part of the sender. Nothing contained herein shall
be construed to preclude personal service of any notice in the manner prescribed
for personal service of a summons or other legal process.
To Pitkin County: with copies to:
G.R. Fielding Pitkin County Attorney's Office
76 Service Center Road 530 E. Main St., Suite#301
Aspen, CO 81611 Aspen, Colorado 81611
Email: gerald.fielding@pitkincounty.com Email: Attorney@pitkincounty.com
To Contractor:
Network Infrastructure Construction, Co.
12835 US Hwy 285
Conifer, CO 80433
Phone: (303) 332-1933
Email: scottw@nicxco.com
I. Waiver. No waiver by either party of any right, term or condition of this
Contract shall be deemed or construed as a waiver of any other right, term or
condition, nor shall a waiver of any breach hereof be deemed to constitute a waiver
23
Contract# 151.21 Rev.2018-10-10 b f
Budget Line Item# 11139100.544500
of any subsequent breach, whether of the same or of a different provision of this
Contract.
XIX. Contractor's Representations.
A. In order to induce County to enter into this Contract, Contractor makes the
following representations:
1) Contractor has familiarized himself with the nature and extent of this
Contract, Project, locality, and with all local conditions and federal, state,
and local laws, ordinances, rules and regulations that in any manner may
affect cost, progress, or performance of Project.
2) Contractor has carefully studied the site and has performed all
necessary investigations, tests, and subsurface investigations to define the
latent physical conditions of the construction site affecting cost, progress,
or performance of Project.
3) Contractor has made or caused to be made examinations,
investigations, and tests and studies of such reports and related data as it
deems necessary for the performance of Project at the Contract price,within
the Contract time, and in accordance with the other terms and conditions of
this Contract; and no additional examinations, investigations, tests, reports,
or similar data are or will be required by Contractor for such purposes.
4) Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports and data with the terms and
conditions of this Contract.
5) Contractor has given Project Lead written notice of all conflicts,
errors, or discrepancies that it has discovered in this Contract, and the
written resolution thereof by Project Lead is acceptable to Contractor.
6) By executing this Contract, the Contractor represents that it has
visited the site, familiarized itself with the local conditions under which the
Project work is to be performed(including weather conditions which can be
expected), and correlated its observations with the requirements of this
Contract.
7) The undersigned representative of Contractor represents that it is an
authorized representative of Contractor for the purposes of executing this
Contract and that it has full and complete authority to enter into this
Contract on behalf of Contractor.
XX. Counterparts. This Contract may be executed in multiple counterparts, each of which shall
constitute an original, but all of which shall constitute one and the same document.
XXI. Public Contracts for Services and Public Contracts with Natural Persons. In
conformance with the provisions of C.R.S. §§ 8-17.5-101, et seq., as amended and C.R.S.
§§ 24-76.5-101, et seq., as amended:
A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S.
[Not applicable to agreements relating to the offer, issuance, or sale of securities,
investment advisory services or fund management services, sponsored projects,
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Contract# 151.21 Rev.2018-10-10 b f
Budget Line Item# 11139100.544500
intergovernmental agreements, or information technology services or products and
services] Contractor certifies, warrants, and agrees that it does not knowingly employ or
contract with an illegal alien who will perform work under this Contract and will confirm
the employment eligibility of all employees who are newly hired for employment in the
United States to perform work under this Contract, through participation in the E-Verify
Program established under Pub. L. 104-208 or the State verification program established
pursuant to §8-17.5-102(5)(c), C.R.S., Contractor shall not knowingly employ or contract
with an illegal alien to perform work under this Contract or enter into a contract with a
Subcontractor that fails to certify to Contractor that the Subcontractor shall not knowingly
employ or contract with an illegal alien to perform work under this Contract. Contractor(i)
shall not use E-Verify Program or State program procedures to undertake pre-employment
screening of job applicants while this Contract is being performed, (ii) shall notify the
Subcontractor and the contracting State agency within 3 days if Contractor has actual
knowledge that a Subcontractor is employing or contracting with an illegal alien for work
under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop
employing or contracting with the illegal alien within 3 days of receiving the notice, and
(iv) shall comply with reasonable requests made in the course of an investigation,
undertaken pursuant to §8-17.5-102(5), C.R.S.,by the Colorado Department of Labor and
Employment. If Contractor participates in the State program, Contractor shall deliver to
the contracting State agency, Institution of Higher Education or political subdivision, a
written,notarized affirmation, affirming that Contractor has examined the legal work status
of such employee, and shall comply with all of the other requirements of the State program.
If Contractor fails to comply with any requirement of this provision or §§8-17.5-101 et
seq., C.R.S., the contracting State agency, institution of higher education or political
subdivision may terminate this Contract for breach and, if so terminated, Contractor shall
be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS.§§24-76.5-101,et seq.,C.R.S.
Contractor, if a natural person 18 years of age or older, hereby swears and affirms under
penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United
States pursuant to federal law, (ii) shall comply with the provisions of§§24-76.5-101 et
seq., C.R.S., and (iii) has produced one form of identification required by §24-76.5-103,
C.R.S. prior to the Effective Date of this Contract.
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Contract# 151.21 Rev.2018-10-10 b f
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IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein
above.
NETWORK INFRASTRUCTURE CONSTRUCTION, Co.
S(4I1 bkhAlAAMA t Sep-14-2021
Scott Wendland Date
President
PITKIN COUNTY, COLORADO
RECOMMENDED FOR APPROVAL:
r1tatl4 Sep-14-2021
Gerald Fielding Date
County Engineer
SECTION APPROVAL:
rig ft a- ' Sep-14-2021
Rich Englehart Date
Deputy County Manager
MANAGER APPROVAL:
KAIUS At4ff l(,!, Sep-14-2021
Phyl i s Matti ce Date
assistant County Manager
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
JKIN
COUNT
_ •CN_
PUBLIC NOTICE
Pitkin County is accepting proposals to provide construction services for the erection of a
Maroon Creek Road Retaining Wall.
More information is available online at www.BidNetDirect.com/Colorado.
Any and all questions, or requests for clarification, must be submitted by 4:00 PM MT on
August 25, 2021. Questions and requests for clarification will only be accepted via email
at procurement@pitkincounty.com.
Proposal documents must be uploaded to the BidNet Direct website no later than 2:00
PM MT on September 1, 2021.
Published in the Aspen Daily News: August 16, 2021 and August 23, 2021
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
PITKIN COUNTY
Maroon Creek Road Retaining Wall
Table of Contents
REQUEST FOR PROPOSAL
I. INTRODUCTION 3
II. COUNTY BACKGROUND 3
III. SCOPE OF WORK 4
A. SPECIFICATIONS AND DRAWINGS 4
B. CONTRACT TIME AND LIQUIDATED DAMAGES 4
C. ADDITIONAL INFORMATION 4
IV. SELECTION PROCESS 5
A. SUBMITTALS 5
B. TIME SCHEDULE 6
C. EVALUATION CRITERIA AND WEIGHING 7
D. SELECTION COMMITTEE 8
E. CONTRACT 8
PROPOSAL FORM 9
INSTRUCTIONS TO PROPOSERS 11
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41) iTKIN
COUNT
REQUEST FOR PROPOSALS
Maroon Creek Road Retaining Wall
GENERAL INFORMATION TO PROPOSERS
ISSUED: August 11, 2021
DUE: September 1, 2021 by no later than 2:00 PM MT
INTRODUCTION
Pitkin County(hereinafter called the "County") is qualifying interested parties for
the provision of the erection of a Maroon Creek Road Retaining Wall at the location
described in the attached documents.
The County intends to award a single Contract for all work necessary to complete
the project as described in the adjoining documents and specifications. All work is
intended to be completed by no later than November 19, 2021.
II. COUNTY BACKGROUND
Covering 975 square miles,Pitkin County is located in the heart of the White River
National Forest, surrounded by the spectacular peaks of the central Rocky
Mountains. Pitkin County is located in Colorado with the county seat of Aspen.
Pitkin County includes the communities of Aspen, Snowmass, Woody Creek, Old
Snowmass, Meredith, Thomasville, Redstone and portions of the town of Basalt.
As public servants, we work in the public trust to ensure quality of life and
experience in Pitkin County for present and future generations.
Organizational Values: Pitkin County embraces the following values to promote
public trust and confidence in County Government.
Stewardship: We strive to leave our natural environment, community, public
assets, and organization in better condition than we found them for current and
future generations.
Ethics: We hold ourselves to high standards of honesty and dependability in the
conduct of county business.
Excellence: We are committed to providing quality services that are accessible,
accurate and innovative to meet our community's needs.
Collaboration: We work together as employees and with citizens and other
government, non-profit and private sector organizations helping each other
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RFP 151.21 Rev. 2021-08-11 CDD
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succeed in promoting and achieving the public's goals.
Open Communication: We are committed to listening to our citizens and
partners and to giving accurate and timely information.
Positive Work Environment: We appreciate dedicated and knowledgeable
employees and support their professional and personal growth.
Additional information about the County may be found on the County's website
at: http://www.pitkincounty.com/DocumentCenter/View/4468
III. SCOPE OF WORK
A. SPECIFICATIONS
The County endeavors to award a contract for the erection of a retaining wall along
Maroon Creek Road, as detailed and specified in the attached plans, special
provisions, and specifications. Contractor will be responsible for traffic controls as
detailed in Attachment B — Special Provisions. A vicinity map along with
specifications for the erection of the retaining wall are included in Attachment C—
Bid Plans. A Bid Schedule for the project is included as Attachment D, and only
proposals with complete bid schedules with no lines left blank will be reviewed and
considered for award of this project.
The awarded Contractor will be expected to observe any and all Local, Federal,
and/or State laws, ordinances, permitting requirements, best practices, and/or
public health orders. Proposers should include with their approach a plan for how
they intend to meet the required schedule for completion by no later than November
19, 2021.
Included Documents:
• RFP Packet
• Attachment A— Sample Contract
• Attachment B— Special Provisions
• Attachment C—Bid Plans
• Attachment D—Bid Schedule
B. CONTRACT TIME AND LIQUIDATED DAMAGES
The County intends to award a single Contract with a start date and NTP issued
in early to mid-September of 2021. The County intends for all work to be
completed, or substantially completed as agreed to by the Project Lead, by no
later than November 19, 2021. The Contractor shall complete all work by the
date(s)provided, and agreed upon, in the schedule proposed by the Contractor.
These dates may be negotiated by County or Contractor prior to issuance of the
Notice to Proceed.
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Budget Line Item#: 11139100.544500
Liquidated damages for work not completed, or substantially completed, as
agreed will be assessed per CDOT standard, currently provided as One-
Thousand Five-Hundred dollars and Zero cents ($1,500.00)per calendar day.
a. Excusable delays and/or agreeable changes to schedule will be taken
into account. Changes in schedule will be reflected in a mutually signed
change order, should they occur.
C. ADDITIONAL INFORMATION
It is the Contractors responsibility to provide all safety equipment necessary and to
perform all work in a safe and workman-like manner. Pitkin County reserves the
right to enter the working site for periodic checks of safe working environments.
IV. SELECTION PROCESS
The County is required by the terms of the Pitkin County Procurement Code to
conduct a competitive selection process to select a Contractor for the above-
described proposal. This process shall be through formal proposals submitted in
response to this Request for Proposals.
A. SUBMITTALS
1.Proposer shall submit proposals for this Service as outlined in the Request
for Proposals and Scope of Services, or an alternately developed plan as developed
by Proposer in response to and in accordance with this Request for Proposals and
Information to Proposers attached hereto.
Proposal Format: Each response shall be 81/2" X 11" in size. Font, Times New
Roman, size shall be no smaller than 12 point font. Any Template Contract
revisions,must be uploaded as their own separate file.Proposals may include pages
up to 11"x 17" size.
a. The proposal must contain name, address, daytime phone number(s), and
e-mail address for person(s) to whom additional selection process
requests should be communicated;
b. A proposed approach (basic description of how Proposer will proceed
with this Service), timetable for the Service, and proposed method of
compensation for services rendered;
c. A statement of Qualifications of the Proposer;
d. References;
e. A completed Proposal Form;
f. List of all subcontractors;
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
g. Fee schedule for any work completed not included in Scope of Work
2. Proposer may be required to supply additional information upon request,
or to make additional submissions under secondary selection criteria, if
necessary.
3. Any and all questions or comments shall be submitted via email to
procurement(a pitkincounty.com no later than 4:00 PM MT on August 25,
2021.All requests must have the email subject line, "RFP 151.21 —Maroon
Creek Retaining Wall Project Request for Clarification and Questions."All
questions, comments and answers provided shall be shared with all
Proposers via addendum posted on BidNet Direct. Addendum(s) will
include the requests for clarification and questions, as written by the
Proposer.
4. All Proposals must be uploaded to the BidNet Direct website. Proposals
will not be accepted in any other form or manner.
5. During the Request for Proposal selection process, all proposals shall
remain confidential. The entire selection process (procurement)file shall be
available to the public (which includes all Proposers) after an agreement is
approved by the County, except those items for which confidentiality has
been requested in writing by the Proposer, and providing that the County
Attorney has reviewed and determined this to be the properly confidential
under the State Open Records Act and other relevant statutes and
regulations.
B. TIME SCHEDULE
The County will endeavor to use the following timetable:
August 11, 2021 Request for Proposals publicly advertised,posted on website
(www.bidnetdirect.com/colorado)
August 23, 2021 Optional Pre-Proposal meeting to be held at the Pitkin
County Public Works building located at 76 Service Center
Road, Aspen, CO 81611 at 1:00 PM MT. Please email your
RSVP with planned attendee list to
procurement@pitkincounty.com by no later than 24 hours
prior to the event.
August 25, 2021 Proposer's request for clarification and questions due via
email to procurement@pitkincounty.com by 4:00 PM MT
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RFP 151.21 Rev. 2021-08-11 CDD
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August 27, 2021 County's response to request for clarification and questions
posted on BidNet Direct via addendum
September 1, 2021 PROPOSALS MUST BE UPLOADED TO BIDNET
DIRECT BY 2:00 PM MT
Week of
September 6, 2021 Meeting of Selection Committee; checking of references;
requests for additional information, if necessary; scheduling
of interviews, if necessary
September 6, 2021 Notice to Proposers
September 13, 2021 Anticipated Contract Start Date
November 19, 2021 Anticipated Completion of work
C. EVALUATION CRITERIA AND WEIGHING
Selection of the "short-listed" Proposers to be interviewed and/or the selection of
the top-ranked Proposer will be based upon the following criteria and relative
importance (or as the same may be amended or supplemented by published
secondary selection criteria, if any):
1. Approach to Project 30%
The Proposer shall prepare a brief statement as to intention to handle:
A. The Project
B. The Project Schedule
2. List of similar work 20%
The Proposer shall submit examples of work of similar size and type.
3. Estimated Cost of Services, including Reimbursable Expenses 40%
The Proposer shall list all costs assumed necessary to provide a completed
product, including
i. Labor expenses
ii. Reimbursable expenses
iii. Miscellaneous expenses
The Proposer shall provide a list of standard rates and other necessary rates
to complete the Project that may be in addition to what is listed and
requested on the included Bid Schedule.
4. References 10%
The Proposer shall provide a list, including contact name and information,
of references/prior clients, especially local, state and federal government.
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D. SELECTION COMMITTEE
Communications between Proposer and any member of the selection committee
during the selection process except when and in the manner expressly authorized by
the Request for Proposals, is prohibited. Violation of this restriction is grounds for
disqualification from the process.
Voting Members of the Nonvoting counsel to the
Selection Committee: Selection Committee:
-G.R. Fielding, County Engineer -County Attorney
-Mike Fowler, SGM, Inc. -County Procurement
-Chris Baroody, County P.E.
E. CONTRACT
A sample of the Pitkin County Contract for the Provision of Construction is
included as Attachment A. The Proposer must present exceptions to the standard
contract with the proposal. If concerns are not expressed, the County shall
consider that terms and conditions as accepted. Contract alterations,
modifications, additions or deletions will not be accepted at any time after
proposals are submitted. Submittal of contract changes is for County information
only and will only be reviewed upon vendor selection has been completed; it does
not disqualify any vendor from contract award.
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
iT'KIN
COFNT
, _v
PROPOSAL FORM
Proposal Time: 2:00 PMMT
Proposal Date: September 1, 2021
From:
Phone
E-mail Address:
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Procurement
530 E Main Street
Aspen, CO 81611
For: RFP 151.21: Maroon Creek Road Retaining Wall
Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer
having examined this Request for Proposals (RFP), including the site of the proposed
Service and being familiar with conditions surrounding the Service of the proposed
Service, including the availability of materials and labor hereby proposed to furnish all
labor, materials, supplies, applicable permits, services and supervision required to perform
the Service as detailed in this RFP for the sum of:
The Fee Schedule for this project and any similar work not included in the Scope of Work
is included.
Statement and Detailed Approach to Service:
Qualifications of Proposer:
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
Please insert names address, phone numbers and description of similar Service for
Reference Checks.
1.
2.
3.
It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten(10)
days from specified time for receiving proposals.
The Proposer acknowledges receipt of Addenda Nos.
The right is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this day of , 2021
(Corporate seal) PROPOSER:
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposer
should be signed by an officer,i.e. President or vice-president. The signature of the officer
signing shall be attested to by the secretary and properly sealed. If the proposal is being
submitted by an individual or a partnership,the proposal shall so indicate and be properly
signed.
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
INSTRUCTIONS TO PROPOSERS
FOR PITKIN COUNTY CONTRACTS
1. a. A "Proposal" is a responsive, conforming, unconditional, complete, legible and
properly executed offer on the Pitkin County Proposal Form to do the work called for
in the Request for Proposals("RFP").
b. Proposals must be submitted electronically in PDF format and submitted at the time
and place designated in the RFP. Electronic submissions must be clearly marked as a
"sealed proposal" with the Service name and the name, contact person, mailing
address and telephone number of the Proposer. The County reserves the right to
request verification of any original or electronic signature at any time before issuing
a Notice of Award.
c. It shall be the responsibility of the Proposer to ensure that the Proposal is in proper
form and in the County's possession by or before the scheduled time and date of public
Proposal opening.Proposals will not be accepted after the scheduled time and date of
opening. Any Proposals received late will be returned to the Proposer unopened, if
possible. In the event that it is impossible to determine who the late Proposer is unless
the envelope is opened,the envelope will be opened,the address determined, and the
envelope and Proposal returned immediately to the Proposer.
d. If specified in the Request for Proposals, parties who request packages of proposal
documents will be required to pay a fee for the document package. All parties who
request packages must provide the name of the potential Proposer, along with the
name of a contact person, address, telephone number, and email address for the
purpose of dissemination of Addenda or additional proposal information.
e. If a mistake is made or discovered at or after the public opening,the County reserves
the right to determine which party made the mistake and whether the mistake is
material and,after these determinations,the County, in its sole discretion, shall make
the decision whether to accept or reject the Proposal. No advantage shall be taken by
either party of manifest clerical errors or omissions in the Proposal documents or the
Request for Proposals (and plans and specifications). All Proposers are required to
notify the County immediately of any errors of omissions that may be encountered.
(See 2.a. and 2.c.,below).
f. The signer of the Proposal must initial any alteration or erasure. If provided on the
required Proposal Form, the proposal price of each item must be stated in numerals
and words;in case of a conflict,the words will control.In case of conflict between the
indicated sum of any addition of figures and the correct sum, the correct sum will
control.
g. No reimbursement will be made by the County for any costs incurred in the
preparation of a statement of qualifications, Proposals, or attendance at a site
inspection,pre-bid conference or interviews.
h. No person, firm, corporation or other entity shall be allowed to make, file or be
interested in more than one Proposal for the same work,unless alternate proposals are
called for.A person,firm,corporation or other entity who has submitted a subproposal
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
to Proposer, or who has quoted prices on materials to a Proposer, is not hereby
disqualified from submitting a subproposal or quoting prices to other Proposers.
2. a. If any person contemplating submitting a Proposal is in doubt as to the true meaning
of any part of the Drawings, Specifications or other Proposal or Contract Documents,
or finds discrepancies, errors, ambiguities, inconsistencies, incompleteness or
omissions in the Drawings or Specifications or the proposal process, he/she must
submit to the Procurement Officer a written request for an amplification,clarification,
explanation, interpretation or correction thereof. Failure to do so shall constitute: (1)
acceptance by the Proposer of the Drawings, Specifications or other Proposal or
Contract Documents as is, and (2) a waiver by the Proposer of any and all claims
arising, or that might arise, out of such discrepancies, errors, ambiguities,
inconsistencies, incompleteness or omissions.
b. Proposers may propose substitute materials or techniques if such substitution is equal
to or better than the materials or techniques described in the RFP and if the substitution
has been submitted in writing at least ten (10) days prior to the public Proposal
opening. The burden of proof of equality or superior quality is on the Proposer. If
accepted as equal by the County in its discretion,the substitute will be designated as
an alternative on a formal addendum distributed to all Proposers at least three(3)days
prior to the deadline for Proposal submission.
c. Any amplification, clarification, explanation, interpretation or correction of the
documents will be made only by written Addendum duly issued and a copy of the
Addendum will be mailed or delivered to each person receiving a set of the Proposal
Documents. Delivery, as used in these Instructions, shall include electronic delivery
through e-mail, facsimile,web-posting or other electronic means.Neither the County
nor the Procurement Officer will be responsible for any information,representations,
explanations or interpretations of the Contract Documents not in written addenda.
d. The County reserves the right to call a pre-proposal conference; if called and
conducted,a summary of the pre-proposal conference will be mailed or electronically
delivered to all parties receiving a set of Proposal documents.
e. On request, the County will provide each Proposer access to the site to conduct, at
Proposer's sole cost,such inspections,tests and investigations as each Proposer deems
necessary for submission of a Proposal. No information provided by County
representatives at such a site inspection shall be deemed a waiver of the requirements
of 2.a. and 2.c., above.
f. Any Addenda issued during the time of the Proposal process,or forming a part of the
Proposal Documents, shall be covered in the Proposal, and shall be considered a part
of the RFP. Receipt of each Addendum shall be acknowledged in the Proposal.
g. If specified in the RFP, a request for qualifications may precede the RFP process.
3. a. Each Proposal, if required by the Proposal Documents, shall be accompanied by a
certified check or bid bond in a form acceptable to the County Attorney, in an amount
specified,payable without condition to the County as a guarantee that the Proposer, if
awarded the Contract, will promptly execute the Agreement in accordance with the
Proposal, and will furnish, if required by the Proposal, good and sufficient bonds for
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
the faithful performance of the Contract and for the payment to all persons supplying
labor and material for the work(see 10.a.,below).The Proposal guaranties of all parties
except the three highest scoring Proposals will be returned promptly after the opening
of Proposals. After execution of the Contract and issuance of a Notice to Proceed, the
remaining two Proposers' guaranties will be returned.
b. Proposer also,if required by the Proposal Documents,will fully complete and submit
with the Proposal a Pitkin County Qualification Statement, or an updated Statement
if one is already on file.Pitkin County reserves the right to pre-qualify Proposers based
on said qualification statements.
c. Proposer also must submit with the Proposal a list of subcontractors, independent
contractors and suppliers to be employed under the Contract. If the County has a
reasonable objection to any such subcontractor,independent contractor or supplier, it
shall notify the Proposer and the Proposer may then: (a)withdraw the Proposal;or(b)
substitute an acceptable contractor or supplier.If required by the Contract Documents,
subcontractors,independent contractors and/or suppliers may be required to submit a
Contractor's Qualification Statement.
d. Proposals by corporations must be executed in the corporate name by the president or
a vice-president (or other corporate officer accompanied by evidence of authority to
sign)and the corporate seal must be affixed and attested by the secretary or an assistant
secretary. The corporate address and state of incorporation shall be shown below the
signature.
e. Proposals by partnerships or limited liability companies ("LLC")must be executed in
the partnership or LLC name and signed by a partner, authorized LLC officer, whose
title must appear under the signature and the official address of the partnership or LLC
must be shown below the signature.The state in which the entity was formed and whose
law governs the entity shall be shown below the signature.
f. All names must be typed or printed below the signature.
4. a. Proposer acknowledges that this proposal is solicited and submitted subject to the
requirements of the "Pitkin County Procurement Code," (Ordinance #026-2005, as
amended by Ordinance #03-2007 (copies available on the Pitkin County website at
http://pitkincounty.com/DocumentCenter/Home/View/5314 or upon request for a
nominal charge). As such,the Proposer agrees to comply with all applicable require-
ments of said Procurement Code relating to proposing, contract drafting, contract
administration and ethics.The requirements of the Procurement Code are incorporated
herein by this reference.
b. The Proposer shall immediately notify the County Manager in writing of any violation
of said Code by the County's employees or agents,which violation is known or should
have been known by Proposer,and failure to so notify the County of violations within
five(5)days of knowledge of such violations shall disqualify the Proposer from award
of the Contract being proposed and shall be deemed as a waiver of any action or
defense that the Proposer may have against the County by reason of such violation of
the Procurement Code.
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Budget Line Item#: 11139100.544500
c. The submission of a Proposal shall be conclusive evidence and legal admission that
the Proposer: (1) has no questions, complaints or objections in connection with the
Proposal process and/or documents, subject to any requests made by Proposer for
amplification, clarification, explanation, interpretation or correction pursuant to
Paragraph 2.a. and 2.c.,above; (2)has no questions,complaints or objections as to the
completeness,sufficiency,scope or detail of the Proposal Documents;and(3)has full
knowledge of the scope, nature, quality and quantity of work to be performed, the
detailed requirements of the Proposal Documents including any and all contract
documents,the plans and specifications,the site and conditions under which the work
is to be performed,the Pitkin County Procurement Code and applicable Colorado law.
5. a. All Proposals will be opened and read in public by name of Proposer only. No
Proposals may be withdrawn after the beginning of the public opening. The County,
in its sole discretion,may delay a Proposal opening for no longer than two(2)business
days if weather or other circumstances beyond control of Proposers results in delay in
receipt of Proposals. Proposals may be withdrawn at any time prior to the beginning
of the public opening or modified by a document executed and delivered in a form
substantially similar to the Proposal Form prior to opening.
b. All Proposals submitted must be valid for a minimum period of sixty(60) days after
the date of the Proposal opening. During this time, Proposers are investigated, and
Proposals are evaluated.
6. a. Proposals will be awarded to the highest scoring Proposer complying with the terms,
conditions, guidelines, selection criteria, plans and specifications presented in the
Request For Proposals. All rights are reserved by the County to determine, in the
County's sole reasonable discretion, whether the Proposal meets the needs or a
purpose intended and is within the budget.
b. Although price may be a major consideration in the selection of a Proposal,the County
does not award on price alone. The County may also consider the quality of product
as judged by the County;past experience with Proposers, subcontractors,independent
contractors, products or suppliers; qualifications of the Proposers and/or
subcontractors, independent contractors or suppliers; services offered; warranties;
maintenance considerations; long-range costs; delivery; and similar considerations,
all as specified in detail in the RFP.
c. The County reserves the absolute right to conduct such investigations as it deems
necessary to assist in the evaluation of any Proposal and to establish the experience,
responsibility, reliability, references, reputation, business ethics, history,
qualifications and financial ability of the Proposers and proposed subcontractors,
independent contractors and suppliers. The purpose of such investigation is to satisfy
the County that the Proposer has the experience,resources and commercial reputation
necessary to perform the work and support any warranties in accordance with the
Contract Documents in the prescribed manner and time.
d. The County, at its sole discretion, may require the apparent successful Proposer to
demonstrate, at a place and time designated by the County, that the Proposal meets
the performance criteria specified, or to otherwise provide documented proof from
independent reliable sources acceptable to the County that said performance criteria
will be met prior to final acceptance of the Proposal. The burden of proof of such a
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
demonstration is on the Proposer. In the event that the apparent successful Proposer
fails to demonstrate or provide acceptable proof of meeting required performance
criteria, that proposal will be rejected and the next eligible Proposer in the selection
ranking will be invited to participate in the same process until a proposal meeting
performance criteria is found within the ranking of eligible Proposers. The County
reserves the rights to reject any or all Proposals or to otherwise accept the Proposal
which in the County's sole discretion is in the best interest of the County.
e. Pitkin County reserves the right, if it deems such action to be in the best interests of
the County, to reject any and all Proposals or to waive any irregularities or
informalities therein. Any incomplete, conclusory, false or misleading information
provided by Proposer shall be grounds for rejection of the proposal. If proposals are
rejected, the County further reserves the right to investigate and accept the next best
proposal in order of ranking or to reject all proposals and re-solicit for additional pro-
posals.
f. Any questions or disputes involving the documents or procedures not covered by these
Instructions or other Proposal Documents shall be resolved by the Procurement
Officer on the basis of fairness, custom in the industry, maximization of competition
and best interests and convenience of the County.
7. Issuance of Notice of Award, execution of Contract Documents and issuance of a Notice to
Proceed shall be as specified in the Contract Documents.
8. Contracts will be executed on standard Pitkin County Contract documents and/or by separate
agreement with the Proposer. Copies of any applicable standard forms are included with the
Proposal Documents. The County reserves the right to negotiate with the Proposer for
contract terms not specified in the Proposing Documents. Any changes from the Pitkin
County standard form contract may result in a delay in the issuance of a Notice to Proceed
in order to obtain any necessary County Attorney review of changes from the standard form.
Proposer agrees that any such delays shall not be grounds for either additional compensation
or an extension of time to complete the work that is the subject of the Proposal.
9. If the contract awarded as a result of a Proposal extends beyond the calendar year, nothing
herein shall be construed as an obligation by the County beyond any amounts that may be,
from time to time, appropriated by the County on an annual basis. It is understood that
payment under any Contract is conditional upon annual or supplemental statutory
appropriation of funds by said governing body and that before providing services, the
Proposer, if he/she 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 appropriated.
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PITKIN COUNTY PUBLIC WORKS
SPECIAL PROVISIONS
MAROON CREEK ROAD RETAINING WALL
The 2017 Standard Specifications for Road and Bridge Construction controls construction of this project. The
following special provisions supplement or modify the Standard Specifications and take precedence over the Standard
Specifications and plans. When specifications or special provisions contain both English units and SI units, the
English units apply and are the specification requirement.
PROJECT SPECIAL PROVISIONS
Page
Index Pages (February 28, 2019) 1
Notice to Bidders (August 11, 2021) 2
Commencement and Completion of Work (February 28, 2019) 3
Revision of Section 101 —Definition and Terms (February 28, 2019) 4
Revision of Section 102—Project Plans and other Data (February 28, 2019) 5
Revision of Section 104—Scope of Work (February 28, 2019) 6-7
Revision of Section 105—Claims for Contract Adjustment (February 28, 2019) 8
Revision of Section 108—Prosecution and Progress (February 28, 2019) 9
Revision of Section 504—Large Block Retaining Wall (February 28, 2019) 10-16
Revision of Section 630—Traffic Control (February 28, 2019) 17
Force Account Items (February 28, 2019) 18
Traffic Control Plan—General (February 28, 2019) 19-20
Utilities (February 28,2019) 21-22
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NOTICE TO BIDDERS
Pursuant to subsections 102.04 and 102.05,it is recommended that bidders on this project review the work site
and plan details with an authorized Pitkin County representative. Prospective bidders shall have the opportunity to
raise questions at the Prebid Meeting,August 23,2021 scheduled for 1:00 pm at 76 Service Center Road,Aspen.
Project Manager- G.R. Fielding
Any and all questions or communications regarding this project prior to award must be submitted to
Procurement@PitkinCounty.com. Contact with any other employee of the Pitkin County or any other individual
regarding this project is not authorized. Any information obtained from other than an authorized Pitkin County
representative, shall be considered invalid in the preparation of a proposal for this project.
Questions received from bidders along with County responses will be released as addendums.
If the bidder has a question or requests clarification that involves the bidder's innovative or proprietary means and
methods,phasing, scheduling, or other aspects of construction of the project,the County Project Manager will
address the question or clarification. The County Project Manager will keep the bidder's innovation confidential
and will not share this information with other bidders, subject to the requirements of the Colorado Open Records
Act.
The County Project Manager will determine whether questions are innovative or proprietary in nature. If the
County Project Manager determines that a question does not warrant confidentiality,the bidder may withdraw the
question. If the bidder withdraws the question,the County Project Manager will not answer the question and the
question will not be documented. If the bidder does not withdraw the question,the question will be answered,
and both the question and answer will be released in an addendum. If the County Project Manager agrees that a
question warrants confidentiality,the County Project Manager will answer the question, and keep both question
and answer confidential. Pitkin County will keep a record of both question and answer in their confidential file,
subject to the requirements of the Colorado Open Record Act.
All Questions must be submitted in writing no later than August 25,2021 at 4:00 PM and shall be directed to
the County Procurement department at Procurement@PitkinCounty.com. Only questions answered by formal
written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect
All references to the Colorado Division of Highways, Colorado Department of Transportation, and/or Department
or Division shall also mean Pitkin County.
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COMMENCEMENT AND COMPLETION OF WORK
The Contractor shall select the date that work begins for this project. The Contractor shall notify the Engineer, in
writing,at least 14 days before the proposed beginning date. The date that work begins shall be subject to the
County's approval. A different date may be authorized in writing by the County in the "Notice to Proceed."
The Contractor shall complete all work by November 19,2021 in accordance with the "Notice to Proceed."
Subsection 108.03 shall include the following:
The Contractor's progress schedule may be a Bar Chart Schedule.
Salient features to be shown on the Contractor's Bar Chart Progress Schedule are:
1) Mobilization/Construction Surveying
2) Shop Drawing Submittals
3) Drainage/Erosion Control
4) Construction of Retaining Wall
5) Guardrail Installation
6) Site Restoration and Cleaning
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REVISION OF SECTION 101
DEFINITIONS AND TERMS
Section 101 of the Standard Specifications is hereby revised for this project as follows:
Technical Specifications related to construction materials and methods for the work embraced under this Contract
shall consist of the Colorado Department of Transportation, Standard Specifications for Road and Bridge
Construction, dated 2017.
Certain terms utilized in the Specifications referred to in the paragraph above shall be interpreted to have different
meanings within the scope of the Contract. A summary of redefinitions follows:
Subsection 101.10 CDOT Resident Engineer shall be replaced with Pitkin County Engineer.
Subsection 101.28 Department shall be replaced with Pitkin County.
Subsection 101.29 Engineer shall be defined as the Pitkin County Engineer acting directly or through an
authorized representative,who is responsible for engineering and administrative supervision of the
project.
Subsection 101.39 Laboratory shall be defined as the testing laboratory of Pitkin County or other
laboratory designated by Pitkin County.
Subsection 101.51 Project Engineer shall be defined as the County Engineer's duly authorized
representative who may be a County employee or an employee of a consulting engineer(consultant)
under contract to the County as defined below:
(a) County Project Engineer. The County employee, assigned by the County Engineer,who is the
County Engineer's duly authorized representative. The County Project Engineer is in direct
charge of the work and is responsible for the administration and satisfactory completion of the
project under contract.
(b) Consultant Project Engineer. The consultant employee under the responsible charge of the
consultant's Professional Engineer who is in direct charge of the work and is responsible for the
administration and satisfactory completion of the project. The Consultant Project Engineer's
duties are delegated by the County Engineer in accordance with the scope of work in the
consultant's contract with the County. The Consultant Project Engineer is not authorized to sign
or approve Contract Modification Orders.
Subsection 101.58 Region Transportation Director shall be defined as the Pitkin County Engineer.
Subsection 101.70 State shall mean Pitkin County, Colorado(where applicable).
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REVISION OF SECTION 102
PROJECT PLANS AND OTHER DATA
Section 102 of the Standard Specifications is hereby revised for this project as follows:
Subsection 102.05 shall include the following:
Project plans,special provisions and other data are available for review in the Pitkin County Purchasing Department
until the date set for opening of bids: This includes,but is not limited to bid plans,project special provisions and other
relevant data.
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1
REVISION OF SECTION 104
SCOPE OF WORK
Section 104 of the Standard Specifications is hereby revised for this project as follows:
In Subsection 104.04,delete section(a) and replace with the following:
In subsection 104.04 add:
(e) Periods of no interference: During the periods below,the Contractor shall not interfere with traffic
through or immediately adjacent to the work zone.
1. No work shall be permitted on the federally recognized Holidays or on days as defined in
subsection 108.08.
Unauthorized delays or traffic interruptions shall be considered a violation of the provision and shall
be subject to price reductions as described in Revision of Section 105 -Control of Work.
(J) Traffic Control Requirements for Construction Activities. The following restrictions shall apply. In all
cases,the Contractor shall schedule and coordinate this work such that there is a minimum delay to the
traveling public and all requirements and restrictions are met.
General Traffic Control Requirements:
Through Travel Lane Widths. The Contractor shall provide and maintain a minimum of one (1) 11-ft
travel lane of traffic on Maroon Creek Road at all times.
Night Work: No night work will be permitted
Stop Stations and One-Way Operations: Requests for these operations shall be made one week prior to
implementation. During these operations, traffic shall proceed through the project on the traveled
roadway as follows:
A maximum of two stop stations may be allowed at one given time. Traffic on the traveled roadway may
be stopped in both directions for the durations listed below. The traffic shall be allowed to clear before
the next stop can begin;i.e.,the last vehicle stopped in either direction shall be allowed to pass the stop.
Between 8:30 a.m. and 4:30 p.m., five-minute stops may be allowed.
Weekend Work: With Pitkin County approval only.
Parking: All vehicle or equipment parking shall be prohibited where it conflicts with safety, access or
flow of traffic. The Contractor shall arrange for a parking area for employees off project limits.
Construction Phases: Once the Contractor begins traffic control operations in a portion of work,that
work shall be completed in its entirety as detailed in the plans prior to the start of any subsequent work.
All work in the final schedule shall be completed through clean up and opened to final traffic and
pedestrian movements to be considered substantially complete.
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2
REVISION OF SECTION 104
SCOPE OF WORK
(g) Maintenance Work. The Contractor shall bear all expense of the routine maintenance work required for
maintaining the traveled roadway through the project except for designated no work period where no
temporary facilities are in place, until final acceptance of the project is made pursuant to subsection
105.21. County maintenance crews will be responsible for snow removal on all normal travel lanes.The
Contractor shall be responsible for all snow removal within the work zone. The Contractor shall not be
allowed to place snow on the traveled roadway. County maintenance may be required to plow snow into
the work area. The Contractor shall be responsible for the replacement of all traffic control devices
displaced during snow removal activities.
(h) Construction Operations.
Cumulative delays: The traffic control operations shall be coordinated by the Contractor such that the
cumulative delays to the traveling public through all construction zones shall not exceed 5 minutes,
except as approved by the Engineer. At no time during the construction operations shall traffic control be
allowed to cause interruptions to both lanes of either direction of Maroon Creek Road during the life of
the construction. The particular concerns for the project are the morning and afternoon peak traffic
periods.
If any approved MHT results in undue delays to the traveling public,or and unsafe condition the approval
will be rescinded,and two-way traffic shall be immediately reestablished. Traffic control and associated
construction operations may resume once free flow has been established.
(i) Failure to comply with the above maintenance activities will result in a violation incident as outlined in
subsection 105.03 of these Standard Special Provisions.
(j) Costs and Time. All costs incidental to the foregoing requirements,will not be paid for separately,but
shall be included in the work. Delays or impacts to the Contractor due to the requirements of this
provision shall not be a basis for an extension of time or additional compensation,or both. Any denial or
revocation of a prior approval for Methods of Handling Traffic requests shall not be the basis for any
claim for additional time or compensation.
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REVISION OF SECTION 105
CLAIMS FOR CONTRACT ADJUSTMENT
Section 105 of the Standard Specifications is hereby revised for this project as follows:
Subsection 105.22 shall be revised as follows:
The Colorado Department of Transportation will not participate in the resolution process for any claims
filed by the Contractor.
Contract claims will follow the appropriate procedures of Subsection 105.22 except that all claim review
will be handled by Pitkin County or its duly authorized representative. The following terms of this
subsection shall be defined as follows:
Project Engineer shall be Pitkin County,Public Works -Engineering Department, acting directly or through
its authorized representatives or agent.
District Engineer shall mean the Pitkin County,Public Works-Engineering Department, or its duly
authorized representative.
Chief Engineer shall mean the Pitkin County,Public Works-Engineering Department, or its duly
authorized representative.
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REVISION OF SECTION 108
PROSECUTION AND PROGRESS
Section 108 of the Standard Specifications is hereby revised for this project as follows:
Subsection 108.03 shall include the following:
The Contractor shall present a Project Schedule to Pitkin County at least seven calendar days prior to the
preconstruction conference. This schedule shall show the major features of each phase of the project for
the entire project time frame.
Subsection 108.07 shall include the following:
The contractor shall schedule all work between 7:00 A.M. and 7:00 P.M.Monday through Friday.
Disruption of traffic with flagged roadway closures shall not take place before 8:30 A.M. or after 4:30
P.M. Construction may be allowed on weekends when approved by the Project Manager. See project
special provision—"Traffic Control Plan—General".
The Contractor may make emergency repairs and provide proper protection of the work and traveling
public at any time.
Meetings will be required to review progress and to plan upcoming activities. Representatives from the
Contractor and all active subcontractors shall attend the meetings. Such meetings will be required on a
weekly basis at a time to be determined by Pitkin County and the Contractor. Additional meetings will be
held when required by the Pitkin County or the Contractor.
The Contractor shall submit at the weekly progress meeting a written statement of planned work activities
and anticipated inspection,testing, and surveying requirements of the upcoming week. A twenty-four-
hour notice shall be provided to Pitkin County by the Contractor if the Contractor elects to change the
planned work activities.
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1
REVISION OF SECTION 504
LARGE BLOCK RETAINING WALL
Section 504 of the Standard Specifications is hereby revised for this project as follows:
Delete subsection 504.01 and replace with the following:
504.01 This work consists of constructing a permanent large block gravity retaining wall at the locations shown
in the plans,to support the hillside and roadway. The Contractor shall furnish all labor and other materials and
equipment required to construct the wall in accordance with the contract documents. The large block retaining
wall is a wall that is textured on only one face and is intended to retain soil.
Delete subsection 504.02 and replace with the following:
504.02 Required Submittals.The Contractor shall submit the following:
(a) Product Data. At least 14 days prior to construction,the General Contractor shall submit a minimum of six
(6) copies of the retaining wall product submittal package to the Owner's Representative for review and
approval. The submittal package shall include technical specifications and product data from the
manufacturer for the following:
(1) Precast Modular Block System brochure
(2) Precast Modular Block concrete test results specified in paragraph 2.01,subparagraph B of this section
as follows:
(3) 28-day compressive strength
(4) Air content
(5) Slump or Slump Flow(as applicable)
(6) Drainage Pipe
(7) Geotextile
(b) Retaining Wall Construction Shop Drawings. At least 14 days prior to construction,the Contractor shall
furnish three (3) sets of construction shop drawings to the Owner for review and approval. The shop
drawings shall provide the details necessary to demonstrate compliance with the Contract,including:
(1) Wall Layouts.Wall layouts shall conform to the lines and grades on the plans including start,corner,and
end stations,leveling pad step breaks,total number of blocks and top and bottom of wall elevations. The
construction batter required to achieve the batter shown on the plans shall be shown on the shop
drawings. If temporary walls are required for the construction of permanent walls,the permanent wall
vendor shall provide the shop drawings and certified material test reports for temporary walls.
(2) Wall Elevations.Except for the top of the leveling pad,wall elevations given on the plans are based on
an 18 inch nominal block height.
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2
REVISION OF SECTION 504
LARGE BLOCK RETAINING WALL
Delete subsection 504.04 and replace with the following:
504.04 Leveling Pad. The precast modular block units shall be placed on a leveling pad constructed from
crushed stone or unreinforced concrete. The leveling pad shall be constructed to the dimensions and limits shown
on the plans.
(a) Crushed stone used for construction of a granular leveling pad shall meet the requirements of the Aggregate
Base Course(Class 6) conforming to the requirements of Section 304.
(b) Concrete used for construction of an unreinforced concrete leveling pad shall meet the requirements of the
Concrete (Class D) conforming to the requirements of Section 601. The concrete should be cured a
minimum of 12 hours prior to placement of the precast modular block wall retaining units.
Delete subsection 505.05.
Delete subsection 504.06 and replace with the following:
504.06 Precast Modular Block Retaining Wall Units
(c) All units shall be wet-cast precast modular retaining wall units conforming to ASTM C 1776.
(d) All units for the project shall be obtained from the same manufacturer. The manufacturer shall be licensed
and authorized to produce the retaining wall units by the precast modular block system patent holder/licensor
and shall document compliance with the published quality control standards of the proprietary precast
modular block system licensor for the previous three(3)years,or the total time the manufacturer has been
licensed,whichever is less.
(e) Concrete used in the production of the precast modular block units shall be first-purpose,fresh concrete. It
shall not consist of returned,reconstituted,surplus or waste concrete. It shall be an original production mix
meeting the requirements of ASTM C94 and exhibit the following:
(1) Minimum 28-day compressive strength of 4,000 psi(27.6 MPa).
(2) Shall be free of water soluble chlorides and chloride based accelerator admixtures.
(3) 6%+/- 11/2% air-entrainment in conformance ASTM C94.
(4) Maximum slump of 5 inches +/- 11/2 inches (125 mm+/- 40 mm) per ASTM C143 for conventional
concrete mix designs.
(5) Slump Flow for Self-Consolidating Concrete (SCC) mix designs shall be between 18 inches and 32
inches (450 mm and 800 mm) as tested in accordance with ASTM C1611.
(f) Each concrete block shall be cast in a single continuous pour without cold joints. With the exception of half-
block units,corner units and other special application units,the precast modular block units shall conform to
the nominal dimensions listed in the table below and be produced to the dimensional tolerances shown.
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3
REVISION OF SECTION 504
LARGE BLOCK RETAINING WALL
Nominal
Block Type Dimension Value Tolerance
Height 18" (457 mm) +/-3/16"(5 mm)
28" (710 mm) Block Length 46-1/8"(1172 mm) +/- 1/2" (13 mm)
Width* 28" (710 mm) +/- 1/2"(13 mm)
Height 18" (457 mm) +/-3/16"(5 mm)
41" (1030 mm)Block Length 46-1/8"(1172 mm) +/- 1/2" (13 mm)
Width* 40-1/2"(1030 mm) +/- 1/2" (13 mm)
Height 18" (457 mm) +/-3/16"(5 mm)
60" (1520 mm)Block Length 46-1/8"(1172 mm) +/- 1/2"(13 mm)
Width* 60"(1520 mm) +/- 1/2"(13 mm)
* Block tolerance measurements shall exclude variable face texture
(g) Individual block units shall have a nominal height of 18 inches(457 mm).
(h) With the exception of half-block units,corner units and other special application units,the precast modular
block units shall have two(2),circular dome shear knobs that are 10 inches(254 mm),7.5 inches(190 mm),
or 6.75 inches(171 mm)in diameter and 4 inches(102 mm)or 2 inches(51 mm)in height. The shear knobs
shall fully index into a continuous semi-cylindrical shear channel in the bottom of the block course above.
The peak interlock shear between any two(2)vertically stacked precast modular block units,with 10 inch
(254 mm) diameter shear knobs,measured in accordance with ASTM D6916 shall exceed 6,500 lb/ft(95
kN/m)at a minimum normal load of 500 lb/ft(7kN/m).as well as an ultimate peak interface shear capacity
in excess of 11,000 lb/ft (160 kN/m). The peak interlock shear between any two (2) vertically stacked
precast modular block units,with 7.5 inch(190 mm)or 6.75 inch(171 mm)diameter shear knobs,measured
in accordance with ASTM D6916 shall exceed 1,850 lb/ft(27 kN/m)at a minimum normal load of 500 lb/ft
(7kN/m) as well as an ultimate peak interface shear capacity in excess of 10,000 lb/ft (146 kN/m).Test
specimen blocks tested under ASTM D6916 shall be actual, full-scale production blocks of known
compressive strength. The interface shear capacity reported shall be corrected for a 4,000 psi(27.6 MPa)
concrete compressive strength. Regardless of precast modular block configuration,interface shear testing
shall be completed without the inclusion of unit core infill aggregate.
(i) The 28"(710 mm)and 41"(1030 mm)precast modular block units may be cast with a 13"(330 mm)wide,
continuous vertical core slot completely through the block, or solid concrete.
(j) Without field cutting or special modification,the precast modular block units shall be capable of achieving a
minimum radius of 14 ft 6 in(4.42 m).
(k) The precast modular block units shall be manufactured with an integrally cast shear knobs that establishes a
standard horizontal set-back for subsequent block courses. The precast modular block system shall be
available in the four(4) standard horizontal set-back facing batter options listed below:
Horizontal Max.
Set-Back/Blk. Course Facing Batter
3/8"(lO mm) 1.2°
1-5/8" (41 mm) 5.2°
9-3/8"(238 mm) 27.5°
16-5/8"(422 mm) 42.7°
4
REVISION OF SECTION 504
LARGE BLOCK RETAINING WALL
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The precast modular block units shall be furnished with the required shear knobs that provide the facing
batter required in the construction shop drawings.
(1) The precast modular block unit face texture shall be selected by the Owner from the available range of
textures available from the precast modular block manufacturer. Each textured block facing unit shall be a
minimum of 5.76 square feet(0.54 square meters)with a unique texture pattern that repeats with a maximum
frequency of once in any 15 square feet(1.4 square meters)of wall face.
(m)The block color shall be selected by the Owner from the available range of colors available from the precast
modular block manufacturer.
(n) All precast modular block units shall be sound and free of cracks or other defects that would interfere with
the proper installation of the unit,impair the strength or performance of the constructed wall. PMB units to
be used in exposed wall construction shall not exhibit chips or cracks in the exposed face or faces of the unit
that are not otherwise permitted. Chips smaller than 1.5"(38 mm)in its largest dimension and cracks not
wider than 0.012" (0.3 mm) and not longer than 25% of the nominal height of the PMB unit shall be
permitted. PMB units with bug holes in the exposed architectural face smaller than 0.75" (19 mm) in its
largest dimension shall be permitted.Bug holes,water marks,and color variation on non-architectural faces
are acceptable.PMB units that exhibit cracks that are continuous through any solid element of the PMB unit
shall not be incorporated in the work regardless of the width or length of the crack.
(o) Preapproved Manufacturers.
Manufacturers of Redi-Rock Retaining Wall Systems as licensed by Redi-Rock International,LLC,05481
US 31 South,Charlevoix,MI 49720 USA; telephone(866)222-8400;website www.redi-rock.com.
(p) Substitutions. Technical information demonstrating conformance with the requirements of this specification
for an alternative precast modular block retaining wall system must be submitted for preapproval at least 14
calendar days prior to the bid date. Acceptable alternative PMB retaining wall systems,otherwise found to
be in conformance with this specification,shall be approved in writing by the owner 7 days prior to the bid
date. The Engineer reserves the right to provide no response to submissions made out of the time
requirements of this section or to submissions of block retaining wall systems that are determined to be
unacceptable to the owner
Delete subsection 504.07.
Delete subsection 504.08.
Delete subsection 504.09 and replace with the following:
504.09.Contractor's Experience Requirements. The Contractor shall be regularly engaged in the construction
of permanent large block retaining walls. The Contractor shall have completed,within the past 5 years,a total of
at least 2,000 square feet of wall face.
The job site foreman for the wall crew shall have experience in the construction of at least 3 successfully
completed permanent large block retaining walls within the last 5 years. He shall be on site 100 percent of the
time during which the work is being done.
The Contractor shall submit the experience qualifications and details for the construction projects and designs
used to qualify under this specification at the pre-construction conference. The submittal shall include a brief
project description with the owner's name and current phone number. Experience,qualifications and references
for the job site foreman shall be included. Upon receipt of the experience qualifications submittal,the Engineer
will have 10 calendar days to approve or reject the proposed Contractor.
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5
REVISION OF SECTION 504
LARGE BLOCK RETAINING WALL
Delete subsection 504.10.
Delete subsection 504.11.
Delete subsection 504.12.
Delete subsection 504.13.
Delete subsection 504.15
Delete subsection 504.16 and replace with the following:
504.16 Leveling Pad. The leveling pad shall be constructed to provide a level,hard surface on which to place the
first course of precast modular block units. The leveling pad shall be placed in the dimensions shown on the
retaining wall construction drawings and extend to the limits indicated.
(a) Crushed Stone Leveling Pad. Crushed stone shall be placed in uniform maximum lifts of 6"(150 mm). The
crushed stone shall be compacted by a minimum of 3 passes of a vibratory compactor capable of exerting
2,000 lb(8.9 kN)of centrifugal force and to the satisfaction of the Inspection Engineer.
(b) Unreinforced Concrete Leveling Pad. The concrete shall be placed in the same dimensions as those required
for the crushed stone leveling pad. The Contractor shall erect proper forms as required to ensure the accurate
placement of the concrete leveling pad according to the retaining wall construction drawings.
Delete subsection 504.17.
Delete subsection 504.18 and replace with the following:
504.18 Precast Modular Block Wall System Installation The precast modular block structure shall be
constructed in accordance with the construction drawings,these specifications and the recommendations of the
retaining wall system component manufacturers. Where conflicts exist between the manufacturer's
recommendations and these specifications,these specifications shall prevail.
(a) Drainage components. Pipe, geotextile and drainage aggregate shall be installed as shown on the
construction shop drawings.
(b) Precast Modular Block Installation
(1) The first course of block units shall be placed with the front face edges tightly abutted together on
adjacent blocks,on the prepared leveling pad at the locations and elevations shown on the construction
drawings. The Retaining Wall Installation Contractor shall take special care to ensure that the bottom
course of block units are in full contact with the leveling pad, are set level and true and are properly
aligned according to the locations shown on the construction drawings.
(2) Backfill shall be placed in front of the bottom course of blocks prior to placement of subsequent block
courses. Nonwoven geotextile fabric shall be placed in the V-shaped joints between adjacent blocks.
Drainage aggregate shall be placed in the V-shaped joints between adjacent blocks, and extend to a
minimum distance of 12"(300 mm)behind the block unit.
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Pitkin County Public Works August 11, 2021
Maroon Creek Road Retaining Wall
6
REVISION OF SECTION 504
LARGE BLOCK RETAINING WALL
(3) Drainage aggregate shall be placed in 9 inch maximum lifts and compacted by a minimum of three(3)
passes of a vibratory plate compactor capable exerting a minimum of 2,000 lb (8.9 kN)of centrifugal
force.
(4) Unit core fill shall be placed in the precast modular block unit vertical core slot. The core fill shall
completely fill the slot to the level of the top of the block unit. The top of the block unit shall be broom-
cleaned prior to placement of subsequent block courses. No additional courses of precast modular
blocks may be stacked before the unit core fill is installed in the blocks on the course below.
(5) Base course blocks for gravity wall designs(without geosynthetic soil reinforcement)may be furnished
without vertical core slots. If so,disregard item 4 above,for the base course blocks in this application.
(6) Nonwoven geotextile fabric shall be placed between the drainage aggregate and the retained soil(gravity
wall design) if required on the retaining wall construction drawings.
(7) Subsequent courses of block units shall be installed with a running bond(half block horizontal course-
to-course offset). With the exception of 90 degree corner units, the shear channel of the upper block
shall be fully engaged with the shear knobs of the block course below. The upper block course shall be
pushed forward to fully engage the interface shear key between the blocks and to ensure consistent face
batter and wall alignment. Drainage aggregate,unit core fill,geotextile and properly compacted backfill
shall be complete and in-place for each course of block units before the next course of blocks is stacked.
(8) The elevation of retained soil fill shall not be less than 1 block course (18" (457 mm)) below the
elevation of the retained backfill throughout the construction of the retaining wall.
(9) If included as part of the precast modular block wall design,cap units shall be secured with an adhesive
in accordance with the precast modular block manufacturer's recommendation.
(c) Construction Tolerance. Allowable construction tolerance of the retaining wall shall be as follows:
(1) Deviation from the design batter and horizontal alignment,when measured along a 10' (3 m) straight
wall section, shall not exceed 3/4"(19 mm).
(2) Deviation from the overall design batter shall not exceed 1/2" (13 mm)per 10' (3 m)of wall height.
(3) The maximum allowable offset(horizontal bulge)of the face in any precast modular block joint shall be
1/2"(13 mm).
(4) The base of the precast modular block wall excavation shall be within 2" (50 mm) of the staked
elevations,unless otherwise approved by the Inspection Engineer.
(5) Differential vertical settlement of the face shall not exceed 1' (300 mm)along any 200' (61 m)of wall
length.
(6) The maximum allowable vertical displacement of the face in any precast modular block joint shall be
1/2"(13 mm).
(7) The wall face shall be placed within 2" (50 mm) of the horizontal location staked.
The County will conduct Quality Assurance testing and inspection as necessary.
Should the excavation for the wall expose an unsatisfactory bearing material inconsistent with the geological
investigation,the Engineer may require removal and replacement of that material
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Pitkin County Public Works August 11, 2021
Maroon Creek Road Retaining Wall
7
REVISION OF SECTION 504
LARGE BLOCK RETAINING WALL
Delete subsection 504.20 and replace with the following:
504.20 Large block retaining walls will not be measured for payment in the field,but will be paid for by the
calculated quantities shown on the plans. The Contractor's construction of a system that requires increased or
decreased quantities of any of the components to complete the wall to the dimensions shown will not result in a
change in pay quantities. Exceptions will be made when field changes are ordered or when it is determined that
there are discrepancies on the plans in an amount of at least plus or minus five percent of the plan quantity.
(a) The wall quantity was calculated for the square foot of wall front face area from the top of the leveling pad
(or average pad elevations)as shown on the plans to the top of the wall.
Delete subsection 504.21 and replace with the following:
504.21 Payment will be made under:
Pay Item Pay Unit
Block Facing Square Feet
Payment for Large Block Retaining Wall will be full compensation for all work and materials required to
complete the walls. Leveling pads, structure excavation,filter material, structure backfill and drainage pipe will
not be measured separately but shall be included in the work.
Delete subsection 504.22
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Maroon Creek Road Retaining Wall
REVISION OF SECTION 630
TRAFFIC CONTROL
Section 630 of the Standard Special Provision is hereby revised for this project as follows:
Delete subsection 630.17 and replace with the following:
630.17 The Engineer will monitor the traffic control services. When the Contractor provides acceptable traffic
control services in accordance with these specifications and applicable MUTCD requirements,partial payments
for the pay item Traffic Control(Special)will be made as the work progresses. Failure to provide acceptable
traffic control services will result in withholding of payment for this item. These partial payments will be made as
follows:
Partial payments for traffic control services will be made once each month as work progresses. The monthly
partial payments will be determined by pro-rating the lump sum bid amount by the number of months in the actual
construction schedule.
Delete subsection 630.18 and replace with the following:
630.18 Payment for Traffic Control(Special)will be full compensation for all traffic control devices, flagging,
inspections,traffic control supervision,preparation of Methods of Handling Traffic,traffic control management,
meetings, and all other labor and materials required to complete the item.
Payment will be made under:
Pay Item Pay Unit
Traffic Control (Special) Lump Sum
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Maroon Creek Road Retaining Wall
FORCE ACCOUNT ITEMS
DESCRIPTION
This special provision contains the Division's estimate for force account items included in the Contract.The estimated
amounts marked with an asterisk will be added to the total bid to determine the amount of the performance and
payment bonds. Force Account work shall be performed as directed by the Engineer.
BASIS OF PAYMENT
Payment will be made in accordance with subsection 109.04.Payment will constitute full compensation for all work
necessary to complete the item.
Force Account Item Estimated Quantity Estimated Amount
F/A Minor Contract Revisions F.A. $5,000
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Maroon Creek Road Retaining Wall
1
TRAFFIC CONTROL PLAN—GENERAL
The key elements of the Contractor's method of handling traffic (MHT)are outlined in subsection 630.10.
The components of the TCP for this project are included in the following:
1) Subsection 104.04 and Section 630 of the specifications.
2) Standard Plan S-630-1
3) Manual of Traffic Control Devices (MUTCD).
Special Traffic Control Plan requirements for this project are as follows:
The Contractor shall submit a detailed Traffic Control Plan including a Method for Handling Traffic(MHT)for
each different phase of construction to the Engineer for approval by the County at least two weeks prior to the
start of any construction phase or prior to any changes in traffic control. The MHT's shall include as a
minimum the requirements listed under 630.10 of the Standard Specifications. The MHT's shall also include
the following:
• Work Zones
• Special construction activities
All lane closures shall be subject to the approval of the Engineer. An MHT shall be approved by the Engineer
prior to any request for a lane closure.Request for each lane closure shall be made at least 24 hours in advance of
the time the lane closure is to be implemented. Lane closures will not be allowed to remain unless being utilized
continuously for the intended purpose for which they were set up.
The Contractor shall coordinate and cooperate fully with Pitkin County,utility owners and contractors, and
other contractors to assure adequate and proper traffic control is provided.
The Contractor shall install construction traffic control devices in locations where they do not block or impede
other traffic control devices, sidewalks for pedestrians, disabled persons, or bicyclists.
All personal vehicles and construction equipment parking is prohibited when it conflicts with safety,access or the
flow of traffic.
The Contractor shall not have construction equipment or materials in the lanes open to traffic at any time,unless
approved.
The Contractor shall schedule all work between 7:00 AM and 7:00 PM Monday through Friday. Disruption of
traffic with flagged roadway or lane closures shall not be permitted before 8:30 AM or after 4:30 PM. No
night or weekend work will be allowed unless approved by the Engineer. If the Contractor finds it necessary
to work outside of the above work hours,he must receive approval from the Engineer and a variance must be
applied for and granted by the County Engineer
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Maroon Creek Road Retaining Wall
2
TRAFFIC CONTROL PLAN-GENERAL
During non-construction periods,all work shall be adequately protected to insure the safety of vehicular and
pedestrian traffic, as detailed in the Contractor's MHT. Excavation holes shall be adequately protected at all
times.
Vertical cuts or fills greater than 3 inches resulting from construction operations,including planing,adjacent to
traffic lanes, shall be temporarily sloped at a 3:1 or flatter slope and delineated at 50 foot intervals immediately
after grading or removal operations in order to safe guard the traveling public.
The Contractor and subcontractor shall equip their construction vehicles with flashing amber lights. Flashing
amber lights on vehicles and equipment shall be visible from all directions.
Prior to starting construction,the Contractor shall notify the Pitkin County Engineer of the date the Contractor
intends to start construction.
The Contractor shall designate a Traffic Control Supervisor who will be accessible by cellular telephone and
service, and shall be available at all times while work is occurring.
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Maroon Creek Road Retaining Wall
1
UTILITIES
Known utilities within the vicinity of this project are:
CenturyLink—Phone
Attention: Mr.Jason Sharpe PH: (970) 328-8290
Black Hills Energy-Gas
Attention: Mr. Matt Raper PH: (970) 928-0407
Aspen Consilidated Sanitation District- Sewer
Attention: Mr. Ham Tharp PH: (970)429-5415
City of Aspen Water Department-Water
Attention: Line Locates Hotline PH: (970) 920-5110
City of Aspen Electric System-Electric
Attention: Line Locates Hotline PH: (970) 920-5148
The work described in these plans and specifications requires full cooperation between the Contractor and the utility
owners in accordance with subsection 105.11 in conducting their respective operations so the utility work can be
completed with minimum delay to all parties concerned.
The Contractor shall be required to meet with each utility owner impacted by the work a minimum of thirty(30)days
in advance of any construction operations to coordinate required utility work with the construction activity.
Coordination with utility owners includes, but is not limited to, providing and periodically updating an accurate
construction schedule that includes all utility work elements. Surveying and/or staking of utility relocations to be
performed by the owner shall be the responsibility of the owner.
The Contractor shall provide traffic control for any utility work expected to be coordinated with construction
operations as directed by the Engineer. However,traffic control for utility work outside of typical project work hours
or outside of project limits shall be the responsibility of the utility owner. The Contractor shall be compensated for
traffic control as per the bid items for traffic control as established on this project.
FOR EACH UTILITY OWNER SHOWN BELOW, THE WORK LISTED UNDER"CONTRACTOR
RESPONSIBILITIES" SHALL BE PERFORMED BY THE CONTRACTOR IN ACCORDANCE WITH THE
PLANS AND SPECIFICATIONS, OR AS DIRECTED BY THE ENGINEER. EACH UTILITY OWNER, OR
THEIR AGENTS,WILL PERFORM THE WORK LISTED UNDER"UTILITY COMPANY
RESPONSIBILITIES".
The Contractor shall keep each utility owner advised of any work being done to its facility so that each utility owner
can coordinate its inspections for final acceptance of the work with the Engineer.
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Maroon Creek Road Retaining Wall
2
UTILITIES
GENERAL
The Contractor shall comply with Article 1.5 of Title 9, CRS ("Excavation Requirements") when excavating or
grading is planned in the area of underground utility facilities.The Contractor shall notify all affected utilities at least
two(2)business days,not including the actual day of notice,prior to commencing such operations.Contact the Utility
Notification Center of Colorado(UNCC),use phone no. 1-800-922-1987,to have locations of UNCC registered lines
marked by member companies. All other underground facilities shall
be located by contacting the respective company. Utility service laterals shall also be located prior to beginning
excavation or grading.
The locations of utility facilities as shown on the plan and profile sheets, and herein described,were obtained from
visual observations of above ground markers and discussions with Pitkin County staff during the design process.
All costs incidental to the foregoing requirements will not be paid for separately but shall be included in the work.
22
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Scope of Work Job No. 9.001
Drawn by: 2018 11CWG
o Construction of Gravity Block retaining wall and guardrail Date: 02.22.21019
a installation on Maroon Creek Road at approximate MP 2.70 QC: MDF PE: MDF
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File: Admin
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7 81 I a Call before you dig. Dwg No.
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o February 2019 1
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CNCC 1-800-922-1987 of: 6
i
DIVISION 100 - GENERAL PROVISIONS DIVISION 200 - EARTHWORK E
O
1. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, STANDARD 1. PROTECTIVE PLASTIC FENCE AND EROSION CONTROL MEASURES MUST BE IMPLEMENTED BEFORE CONSTRUCTION AND 0 r Li
SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DATED 2017, AND AS SUBSEQUENTLY REVISED; THE STANDARD GRADING OPERATIONS BEGIN. CONTRACTOR'S VEHICLES AND EQUIPMENT SHALL BE WASHED AND FREE OF SOIL AND X NO C
PLANS, DATED JULY 2012, AND AS SUBSEQUENTLY REVISED, AND IN ACCORDANCE WITH THE PLANS AND DEBRIS CAPABLE OF TRANSPORTING NOXIOUS WEED SEEDS OR ROOTS FROM OTHER AREAS BEFORE BEING BROUGHT 2‘O .E7
SPECIFICATIONS INCLUDED HEREIN. ON THE PROJECT SITE. 5 op O
N v?
2. STATIONS, ELEVATIONS AND DIMENSIONS CONTAINED IN THESE PLANS ARE CALCULATED FROM A RECENT FIELD SURVEY. 2. CLEARING AND GRUBBING SHALL INCLUDE REMOVAL OF ALL TRASH AND DEBRIS WITHIN THE PROJECT LIMITS. ALL `
THE CONTRACTOR SHALL VERIFY ALL DEPENDENT DIMENSIONS IN THE FIELD BEFORE ORDERING OR FABRICATING ANY SURFACE OBJECTS, TREES, TREE STUMPS, ROOTS, BUSHES, LANDSCAPING AND OTHER PROTRUDING OBSTRUCTIONS 0 cu
N
MATERIAL. WITHIN THE LIMITS OF CUTS AND FILLS SHALL BE CLEARED AND GRUBBED, INCLUDING MOWING AS REQUIRED. ALL (7) `CD
OTHER TREES AND BUSHES SHALL BE PROTECTED. s L
3. THE CONTRACTOR SHALL LIMIT CONSTRUCTION ACTIVITIES TO THOSE AREAS WITHIN THE LIMITS OF DISTURBANCE AS `x QO
SHOWN ON THE PLANS. ANY DISTURBANCE BEYOND THESE LIMITS SHALL BE RESTORED TO ORIGINAL CONDITION BY 3. ALL REMOVALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR UNLESS OTHERWISE INDICATED IN THE PLANS (0 in v, 0
THE CONTRACTOR AT THE CONTRACTOR'S EXPENSE. CONSTRUCTION ACTIVITIES INCLUDE THE PARKING OF VEHICLES AND PROJECT SPECIFICATIONS. THE CONTRACTOR SHALL PROPERLY DISPOSE OF ALL MATERIALS.
OR EQUIPMENT, DISPOSAL OF LITTER, AND ANY OTHER ACTION WHICH WOULD ALTER EXISTING CONDITIONS. THE w 0 _
CONTRACTOR SHALL NOT PARK ANY VEHICLES OR EQUIPMENT IN, OR DISTURB ANY AREA NOT APPROVED BY THE 4. ALL EXCESS MATERIAL GENERATED WITHIN THE PROJECT LIMITS SHALL BE REMOVED FROM THE PROJECT SITE. THIS 3 U
ENGINEER. WORK WILL NOT BE PAID FOR SEPARATELY, BUT SHALL BE INCLUDED IN THE WORK. c 0
4. ALL EXISTING DRIVEWAY ACCESSES SHALL REMAIN OPEN TO TRAFFIC THROUGHOUT CONSTRUCTION, WITH THE 5. IN THE EVENT THAT PROJECT PERSONNEL ENCOUNTER UNKNOWN SOIL AND/OR GROUNDWATER CONTAMINATION, r U' O`
EXCEPTION OF MINOR CLOSURES OF LESS THAN ONE HOUR. THE CONTRACTOR SHALL REQUEST APPROVAL FROM CONSTRUCTION ACTIVITIES SHOULD CEASE IMMEDIATELY AND THE PROCEDURES OUTLINED IN THE CDOT STANDARD ,
THE ENGINEER FOR ALL MINOR CLOSURES PER TRAFFIC CONTROL PLAN - GENERAL SPECIAL PROVISIONS. SPECIFICATIONS SECTION 250 SHALL BE FOLLOWED.
5. THE CONTRACTOR SHALL PROTECT ALL WORK AREAS AND FACILITIES FROM WATER AT ALL TIMES. AREAS AND 6. TYPE OF COMPACTION FOR THIS PROJECT WILL BE AASHTO T-180 (MODIFIED PROCTOR).
FACILITIES SUBJECTED TO FLOODING SHALL BE PROMPTLY DEWATERED AND RESTORED AT NO COST TO THE PROJECT.
7. WATER FOR COMPACTION WILL NOT BE PAID FOR SEPARATELY BUT SHALL BE INCLUDED IN THE WORK. =
6. CONTROL OF SURFACE RUNOFF AND THE REPAIR OF DAMAGES RESULTING FROM RUNOFF IS SOLELY THE IiI
RESPONSIBILITY OF THE CONTRACTOR. THE COST TO CONTROL SURFACE RUNOFF OR REPAIR DAMAGES WILL NOT BE 8. DEPTH OF MOISTURE-DENSITY CONTROL FOR THIS PROJECT SHALL BE AS FOLLOWS: (�
PAID FOR SEPARATELY, BUT SHALL BE INCLUDED IN THE WORK. FULL DEPTH OF ALL EMBANKMENTS AND ENGINEERED FILLS - > >+
o BASES OF CUTS AND FILL 6 INCHES N > C
c, 7. THE CONTRACTOR SHALL KEEP EXISTING DRAINAGE STRUCTURES FUNCTIONAL AND MAINTAIN DRAINAGE TO THOSE FULL DEPTH OF EMBANKMENT SECTIONS USED FOR DITCHES AND CHANNEL CHANGES
a STRUCTURES. MAINTAINING DRAINAGE WILL NOT BE PAID FOR SEPARATELY, BUT SHALL BE INCLUDED IN THE WORK. L 0
' 0) O
N 9. EXCAVATION REQUIRED FOR COMPACTION OF BASES OF CUTS AND FILLS WILL NOT BE PAID FOR SEPARATELY, BUT U = 0
8. THE CONTRACTOR SHALL PROTECT ALL EXISTING SURVEY MONUMENTS DESIGNATED TO REMAIN FROM DAMAGE DURING WILL BE INCLUDED IN THE WORK.
co� CONSTRUCTION OPERATIONS. ANY MONUMENTS DISTURBED BY THE CONTRACTOR THAT ARE NOT DESIGNATED FOR = .= C
RELOCATION SHALL BE RESET AT THE CONTRACTOR'S EXPENSE. THE CONTRACTOR SHALL NOTE THOSE MONUMENTS 10. THE CONTRACTOR SHALL PROVIDE SHOULDERING MATERIAL FLUSH WITH THE EDGE OF PAVEMENT AS SHOWN IN THE 2
Q IN THE FIELD PRIOR TO CONSTRUCTION. TYPICAL SECTION. IF ADDITIONAL GRADING IS REQUIRED AT THE END OF THE PROJECT TO ENSURE THIS, IT SHALL BE CZ .,
a DONE BY THE CONTRACTOR AT NO ADDITIONAL COST TO THE PROJECT. 0 a--' CT
M 9. ALL MATERIALS AND WORKMANSHIP SHALL BE SUBJECT TO INSPECTION BY THE PITKIN COUNTY PUBLIC WORKS
DEPARTMENT, OR THEIR ASSIGNED REPRESENTATIVE. THE COUNTY AND THEIR ASSIGNED REPRESENTATIVES RESERVE 11. THE THICKNESS OF TOPSOIL SHALL BE 4 INCHES AT LOCATION SHOWN IN THE PLANS. TOPSOIL IS REQUIRED AND
rn THE RIGHT TO ACCEPT OR REJECT ANY SUCH MATERIALS AND WORKMANSHIP THAT DO NOT CONFORM TO THE PLANS SHALL BE GENERATED WITHIN THE PROJECT LIMITS FROM THE BEST AVAILABLE MATERIAL AS APPROVED BY THE
N AND SPECIFICATIONS LISTED HEREIN. REQUIRED QUALITY CERTIFICATIONS AND DOCUMENTATION SHALL BE SUBMITTED ENGINEER. NO IMPORTATION OF TOPSOIL WILL BE ALLOWED. TOPSOIL SHALL BE STRIPPED AND STORED SEPARATELY
m TO THE COUNTY PRIOR TO PLACEMENT OR USE OF THE MATERIAL. DURING CONSTRUCTION ACTIVITIES IN LOCATIONS APPROVED BY THE ENGINEER. TOPSOIL SHALL BE PLACED ON AREAS
N TO BE RECLAIMED JUST PRIOR TO SOIL CONDITIONING, RESEEDING AND MULCHING TO MINIMIZE COMPACTION FROM
N 10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROJECT QUALITY CONTROL TESTING AND THE COUNTY WILL PROVIDE CONSTRUCTION EQUIPMENT. APPROVED QUANTITIES OF STOCKPILED TOPSOIL WILL BE MEASURED AND PAID AS
a INDEPENDENT QUALITY ASSURANCE TESTING. THE CONTRACTOR SHALL PROVIDE 48 HOUR NOTICE FOR ALL REQUIRED STOCKPILE TOPSOIL IN ACCORDANCE WITH SECTION 207. PLACEMENT OF STOCKPILED TOPSOIL WILL BE MEASURED a p
°2' TESTS. REFER TO THE CDOT FIELD MATERIALS MANUAL FOR ADDITIONAL INFORMATION. AND PAID AS TOPSOIL IN ACCORDANCE WITH SECTION 207. m
:',6rn
3 UTILITIES 12. SOIL CONDITIONING (COMPOST) SHALL BE APPLIED TO AREAS TO BE RECLAIMED JUST PRIOR TO RESEEDING AND o % p
c 1. THE INFORMATION SHOWN ON THESE PLANS CONCERNING THE TYPE AND LOCATION OF UNDERGROUND UTILITIES IS MULCHING. N . . 2
E PLOTTED FROM THE BEST AVAILABLE INFORMATION AND IS NOT GUARANTEED TO BE ACCURATE OR ALL INCLUSIVE.
D 13. ANY OPEN EXCAVATION LEFT UNATTENDED SHALL BE BARRICADED OR FENCED OFF BY THE CONTRACTOR. tii
THE CONTRACTOR IS RESPONSIBLE FOR MAKING HIS OWN DETERMINATION AS TO THE TYPE AND LOCATION OF O
tli UNDERGROUND UTILITIES AS MAY BE NECESSARY TO AVOID DAMAGE THERETO. 14. TEMPORARY EXCAVATION SUPPORT (SHORING) MAY BE NECESSARY TO CONSTRUCT CERTAIN ELEMENTS OF THIS 0
z PROJECT, AS DETERMINED BY THE CONTRACTOR. IF SHORING IS USED THIS WORK WILL NOT BE PAID FOR o
.. 2. THE CONTRACTOR SHALL COMPLY WITH ARTICLE 1.5 OF TITLE 9, CRS (EXCAVATION REQUIREMENTS") WHEN SEPARATELY, BUT SHALL BE INCLUDED IN THE COST OF THE PROJECT.
to
EXCAVATING, DRILLING OR GRADING IS PLANNED IN THE AREA OF UNDERGROUND UTILITY FACILITIES. THE CONTRACTOR p
a SHALL NOTIFY ALL AFFECTED UTILITIES AT LEAST TWO (2) BUSINESS DAYS, NOT INCLUDING THE ACTUAL DAY OF DIVISION 600 - MISCELLANEOUS Z
NOTICE, PRIOR TO COMMENCING SUCH OPERATIONS. THE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION L
w CENTER OF COLORADO (UNCC) AT 811 OR 1-800-922-1987, TO HAVE LOCATIONS OF UNCC REGISTERED LINES 1. ALL SURVEYING NECESSARY TO COMPLETE THE WORK SHALL BE DONE BY THE CONTRACTOR. THIS WORK WILL BE c
=' MARKED BY MEMBER COMPANIES. ALL OTHER UNDERGROUND FACILITIES SHALL BE LOCATED BY CONTACTING THE PAID FOR AS ITEM 625, CONSTRUCTION SURVEYING, LUMP SUM. REFER TO THE SURVEY TABULATION SHEET. ' -E
o RESPECTIVE OWNER. '-
0 2. CONSTRUCTION TRAFFIC CONTROL SHALL CONFORM TO THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) d
3. LOCATION AND NOTIFICATION OF BOTH UNCC MEMBER AND NON-MEMBER UTILITIES IS THE CONTRACTOR'S AND CDOT M&S STANDARDS. THE CONTRACTOR WILL BE REQUIRED TO SUBMIT A METHOD OF HANDLING TRAFFIC
RESPONSIBILITY. (MHT) TO THE ENGINEER FOR APPROVAL FOR EACH APPLICABLE PHASE OF WORK. o
N 4. IF FIELD CONDITIONS ARE FOUND TO BE DIFFERENT THAN SHOWN ON THE PLANS, THE CONTRACTOR SHALL NOTIFY 3. THE CONTRACTOR SHALL DETERMINE WHERE TO STOCKPILE MATERIAL AND STORE EQUIPMENT FOR THE PROJECT. so LD
a THE ENGINEER IMMEDIATELY SO THAT APPROPRIATE ACTION CAN BE TAKEN BY THE OWNER. TRAFFIC CONTROL MEASURES REQUIRED TO ACCOMMODATE MATERIAL AND EQUIPMENT STORAGE SHALL BE INCLUDED . . _ 6
IN THE MHT. o
SO) 5. THE FOLLOWING IS A LIST OF KNOWN UTILITIES WITH SERVICE WITHIN OR ADJACENT TO THE PROJECT AREA AND THEIR # ^o
o`
RESPECTIVE CONTACT INDIVIDUALS. ADDITIONAL UTILITIES MAY BE ENCOUNTERED WITHIN THE PROJECT LIMITS. THE 4. THE CONTRACTOR SHALL BE RESPONSIBLE FOR REPLACING, AT HIS EXPENSE, ANY PROPERTY PINS REMOVED OR Job No. 2018-119.001
l CONTRACTOR IS RESPONSIBLE FOR COORDINATING ALL THE WORK BEING DONE BY ALL OF THE UTILITY COMPANIES DESTROYED DURING CONSTRUCTION IN ACCORDANCE WITH SECTION 629 OF THE SPECIFICATIONS. Drawn by: CWG
o WITHIN THE PROJECT AREA. Date: 02.22.21019 o
QC: MDF I PE: MDF
ENTITY CONTACT PHONE File: Admin
v CENTURY LINK (PHONE) JASON SHARPE 970-328-8290 Title:
BLACK HILLS ENERGY (GAS) MATT RAPER 970-928-0407
ASPEN CONSOLIDATED SANITATION DISTRICT HAM THARP 970-429-5415
1 CITY OF ASPEN WATER DEPARTMENT LINE LOCATES 970-920-5110 General Notes (1)
CITY OF ASPEN ELECTRIC SYSTEM LINE LOCATES 970-920-5148
i
m 6. THE CONTRACTOR WILL BE RESPONSIBLE FOR POTHOLING TO DETERMINE THAT THE CITY OF ASPEN WATERLINE IS NOT Dwg No.
N LOCATED WITHIN THE EXCAVATION AREA. IT IS ANTICIPATED THAT MINIMUM OF TWO POTHOLE LOCATIONS WILL BE
T REQUIRED TO DETERMINE THE WATERLINE LOCATION. POTHOLING SHALL BE COMPLETED A MINIMUM OF TWO WEEKS IN 2
N ADVANCE OF CONSTRUCTION AND THE ENGINEER SHALL BE PROVIDED THE RESULTS OF THE POTHOLING WITHIN 24
HOURS OF COMPLETING THE POTHOLING.
Of: 6
GRAVITY WALL NOTES E
O Ov
MATERIALS X ''
o. '
=co 0)
1. LARGE GRAVITY BLOCK (REDI—ROCK OR EQUAL) & TOP UNITS, BACKFILL AND DRAINAGE MATERIAL SHALL BE INSTALLED N '"
IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS SECTION 504 — LARGE BLOCK RETAINING WALL AND THE N u
MANUFACTURER'S CONSTRUCTION GUIDELINES, WHICHEVER IS MORE STRINGENT. 0
(n a) 3
2. LARGE GRAVITY BLOCK AND CAP UNITS (REDI—ROCK OR EQUAL) SHALL BE STANDARD UNITS PRODUCED BY AN s.c 10
AUTHORIZED PRODUCER COMPLYING WITH THE PROJECT SPECIFICATIONS. x QO
cn v) O
3. SEGMENTAL BLOCKS SHALL BE INSTALLED TO PRODUCE A 5' BATTERED FACE AS SHOWN IN THE DETAILS. BLOCK 17)73 Sri
FACING COLOR SHALL BE APPROVED BY OWNER PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL PROVIDE SAMPLES
OF THE BLOCK TO THE ENGINEER FOR REVIEW. FINAL BLOCK COLOR SHALL BE DIRECTED BY THE ENGINEER.
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4. ALL BLOCKS AND CAP UNITS SHALL BE STORED, HANDLED AND INSTALLED ACCORDING TO THE MANUFACTURER'S .—0 N.
SPECIFICATIONS.
CONSTRUCTION
1. BACKFILL SHALL BE COMPACTED IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS.
2. ONLY LIGHTWEIGHT HAND—OPERATED COMPACTION EQUIPMENT SHALL BE USED WITH 3—FEET BEHIND THE FACING OF
UNITS.
o, 3. THE EXCAVATION SHALL BE CARRIED TO THE EXTENTS NECESSARY TO PLACE LARGE GRAVITY BLOCKS. () -
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to Z
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Job No. 2018-119.001
I Drawn by: CWG
ct
p Date: 02.22.21019
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QC: MDF I PE: MDF
File: MaroonCrk2
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w Job No. 2018-119.001
I Drawn by: CWG
p Date: 02.22.21019
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o Job No. 2018-119.001
I Drawn by: CWG
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o Date: 02.22.21019
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QC: MDF I PE: MDF
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Maroon Creek 2 Wall
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
41)iTKIN
101
•
PROPOSAL FORM
Proposal Time: 2:00 PMMT
Proposal Date: September 1, 2021
From: NICXco
Scott Wendland
Phone 303-332-1933
E-mail Address: scottw@nicxco.com
To: THE PITKIN COUNTY BOARD OF COMMISSIONERS
c/o Procurement
530 E Main Street
Aspen, CO 81611
For: RFP 151.21: Maroon Creek Road Retaining Wall
Pursuant to a request by the Pitkin County Commissioners, the undersigned Proposer
having examined this Request for Proposals (RFP), including the site of the proposed
Service and being familiar with conditions surrounding the Service of the proposed
Service, including the availability of materials and labor hereby proposed to furnish all
labor,materials, supplies, applicable permits, services and supervision required to perform
the Service as detailed in this RFP for the sum of:
$81,681.76
The Fee Schedule for this project and any similar work not included in the Scope of Work
is included.
9
fwtvwrk hk:earre'Mre Construction Co
Maroon Creek Road Retaining Wall. RFP 151.21. Budget Line Item#: 11139100.544500
Statement and Detailed Approach to Service
NICXco fully recognizes the imminent collapse of the Maroon Creek Road edge would be best
mediated by a rapid response and quality remediation prior to snowfall expected in November.
NICXco will execute this project with a focus on minimal impact to the Traffic to Maroon Bells,
Limiting County Exposure to visitor complaints and safety risks associated with single lane
traffic during one of the highest traffic times of year for that road.
NICXco proposes use of the County specified Redi-block product, eliminating any re-
engineering, our relationship with the Redi-block manufacture allows us to guarantee material
availability to start construction on this project October 5th, 2021.
NICXco will utilize only in-house crews to complete the entire scope of this project including
guardrail and traffic control, the ability to self-perform this project will allow us to complete the
full construction scope in under 15 days. Deployment of only our fully owned heavy equipment
for execution of this project enables us to be competitive on rates and eliminate risk of delay and
cost increase cause by rental equipment. Please see proposed construction schedule below for
reference:
Maroon Creek road Retaining wall
NIIXeo Leong: On trade tdelr AM Med rW Nigh rl Unassigned
GALEN PNIWPS
anaect sun Owe 9/1/2021 September October
Scmllirm inaenem: 13 ka 15 15 12 IS 19 m 21 22 23 24 25 26 22 26 .9 30 1 3 a _ 6 r B 9 10 It 12 13 u IS Ik lr a 19 m 21 ;Al
Me*dea* . Cowry Sort Ow r w r r s s e r ve r r S s u r w r r s s 63 r w r r _ s M r . T r s s 6. r w I.)a 4 6#YI. 11
Compliance/Due Diligence
TraTc cerool qa� On Track 9/I5/2021
Slop Orawkips On Track 9/150021 1 .
Pv.tknlrg lel repuke1l On Track 9/20/2021 Il
Utility locates On Track 9/22/2021 4
Survey/uakleg On Track 9/30/2021 2
Construction
Mebllanon/k4ulpment sragir9 Cr,Track 10/1/2021 2
taovaepr. On Track 10/5/2021 1
1%6%
tlock Iratallallm On Track 10/6/2021 2
Backnll On Track 10/8/2011 1
Guar08.N:tal On Track 10/11/2021 2 ■
PMOlea CLOSEOUT
w..une.accema.ce Milestone 10/14/2021 2
OcmoMkrenan On Track 10/15/2021 2 ■
Project lu-Mt Omsxnnvon On Track 10/20/2021 2 ■
Preece fsnpdele M2ebne 10/22/2021 3 I 1
fwtvwrk k.k:rtr x-rtee Construction Co
Maroon Creek Road Retaining Wall. RFP 151.21. Budget Line Item#: 11139100.544500
NICXco is familiar with the project location and has developed a draft deployment and Traffic
control plan for this project as shown below:
f ,.•'"�•
•
Construction
Materials and
ipp Equipment staging.
single lane-with 2 off road-way
way traffic v
•
. ��' `; Retaining Wall Work Location
Cone Zone for 9 AM to 4PM 400'
Temporary Lane Closure with Flaggers
NICXco Accepts the sample Pitkin County construction contract presented in attachment A of
the RFP151.21 with the following exception: Section H, Line c. NICXco cannot prevent damage
to or guarantee against loss the trees and shrubs located in area of proposed excavation. We
would advise that the large Aspen tree located just below excavation will most likely not survive
damage to roots caused by the required ground disturbance. NICXco will not warranty existing
trees against loss caused by ground disturbance required for excavation.
During the bid process,NICXco considered the alternative "strong-stone"product and would
like to share feedback with the County. The engineer for the strong stone made the following
comment: "Based on my analysis a 6-44 unit is needed at the bottom for the 4.5 ft height. The
design is LRFD and has a 250 psf traffic load only 4 ft from the wall with a rise in grade of 1
foot from the TOW elevation. Without the 1 ft rise in grade, the wall would work without a 6SF
unit but that is not what is shown on the contract drawings. I would conservatively plan on a 6-
44 at the bottom unit where the wall is 3 courses, and 6-28s for the upper two courses and the
outside 3.Oft height sections. I should also note, the Redi-Rock configuration as shown (all 28"
units)just barely doesn't work based on my analysis. They may determine a 41" unit is
necessary at the bottom of the wall. Also, with the steep slope in front of the wall (steeper than
1.5H:1 V, almost 1H:•1 V.9, I would sleep better at night knowing a larger unit is at the bottom':
NICXco prefers the Redi-block product specified in the RFP and would be happy to support the
•►tb—'41t,).4
Maroon Creek Road Retaining Wall. RFP 151.21. Budget Line Item#: 11139100.544500
County with any additional Engineering review of the Redi-block product if desired, please
note that a larger bottom block size will not substantially increase our proposed price if it is
found to be required.
Proposed Redi-block Examples:
Redi-Rock C olot ed "Ledgestone" Face Example
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Maroon Creek Road Retaining Wall. RFP 151.21. Budget Line Item#: 11139100.544500
Redi- Rock Colored "C obblestone•' Face Example
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Maroon Creek Road Retaining Wall. RFP 151.21. Budget Line Item#: 11139100.544500
Redi- Rock Colored "Limestone" Face Example
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fwtvwrk hk:rtrox-rtee Construction t.n
Maroon Creek Road Retaining Wall. RFP 151.21. Budget Line Item#: 11139100.544500
Qualifications of Proposer:
NICXco is a Leader in infrastructure deployment,providing turnkey services for heavy civil,
underground utility and telecommunications structure construction. With over 50 successful
years of combined core team experience and well-established industry relationships,NICXco is
the ideal partner for the County's infrastructure needs.
Women /Veteran Owned AASHTO Street light NW SA accredited in
installation Telecommunication Tower Tech 1&2
Class B Commercial OSHA Certifications
Contractor LIC00250321 Traffic Barrier Device CPR & First aid certified
installer
D-U-N-S'#117742274 TATE - RAN certifications
Certified TCS and Traffic Gravtec Tower Climber &
Fully Insured with a Control Devices Rescue certifications
perfect safety record Aerial Operator Safety Trained
NAICS Code 237130 ACI Concrete Certification BCSP Accredited
The NICXco team for this project has just finished a 13 Mile CDOT underground project in
Lyons, CO and has a proven history of successful, safe, and fast project execution. The Team
will be led by our civil superintendent Galen Phillips who has over 18 years of experience in
heavy civil dirt stabilization and retaining wall projects, with over 300k SF of block wall
construction projects completed. The Onsite civil foreman Micheal Tallman has over 11 years of
experience in heavy civil and block wall construction on projects ranging from 150SF to 100,000
SF of Redi Block. Both Superintendent and Foreman will be dedicated 100%to this project for
its entire duration and staffing changes will not be implemented.
Past Project Photos:
art`
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Maroon Creek Road Retaining Wall. RFP 151.21. Budget Line Item#: 11139100.544500
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RFP 151.21 Rev. 2021-08-11 CDD
Budget Line Item#: 11139100.544500
Please insert names address, phone numbers and description of similar Service for
Reference Checks.
1. Arrow Civil, Stephen Harrington
(720)512-8541. 7100 Broadway, Denver, CO 80221
30,000 SF Retaining walls and Guardrail projects
2 Hastings Brothers Construction , Brad Houghs,
(720) 937-4054. 1433 W wesley Ave, Denver 80223
High End Residential Multi Tier walls, 1300 SF Average Project
3. JP Cooper Construction. Dave Riggle
(719)531-5599 505 Elkton Dr. C. Springs, 80907
3600 SF Redi-Block Retaining wall and road stabilizations
It is further understood that the right is reserved by the County to reject any and all
proposals and it is agreed that the proposals may not be withdrawn for a period of ten(10)
days from specified time for receiving proposals.
The Proposer acknowledges receipt of Addenda Nos. 1 .
The right is reserved to waive any informalities and to reject any Proposal.
(Type/Print name under all signatures)
Dated this 1st day of September , 2021
(Corporate seal) PROPOSER:
President,NICXco
SIGNATURES: If the proposal is being submitted by a Corporation, the Proposer
should be signed by an officer,i.e. President or vice-president. The signature of the officer
signing shall be attested to by the secretary and properly sealed. If the proposal is being
submitted by an individual or a partnership,the proposal shall so indicate and be properly
signed.
10
Pitkin County Public Works 11-Aug-21
BID SCHEDULE
CDOT REF. CONTRACT ITEM UNIT
NO. QTY UNIT COST: EXTENDED COST:
203-01597 POTHOLING HOUR 10 120 $ 1,200.00
207-00205 TOPSOIL CY 10 95 $ 950.00
207-00210 STOCKPILE TOPSOIL CY 10 10 $ 100.00
208-00002 EROSION LOG(12INCH) LF 80 4.69 $ 375.20
212-00005 SEEDING(NATIVE) L S 1 140 $ 140.00
216-00021 SOIL KEIENIIUN ELANKb[ (CLASS SY 40 20.7 $ 828.00
504-04410 BLOCK FACING SF — 277 155.41 $ 43,048.57
606-00301 GUARDRAIL TYPE 3 (6-3 POST SPACING) LF 69 86.71 $ 5,982.99
606-01390 END ANCHORAGE TYPE 3K EACH 2 3416 $ 6,832.00
625-00000 CONSTRUCTION SURVEYING L S 1 2500 $ 2,500.00
626-00000 MOBILIZATION L S 1 7650 $ 7,650.00
630-00008 TRAFFIC CONTROL(SPECIAL) L S 1 7075 $ 7,075.00
700-70010 F/A MINOR CONTRACT REVISIONS F A 1 $5,000.00 $ 5,000.00
TOTAL BID $ 81,681.76
Supplemental Bid Notes: (if applicable)
The bidder understands that the bid quantities are estimated,and that final payment will be based on actual field measured quantities.
Bid quantities,unit cost,and extended cost fields are locked in this workbook.Proposers should only enter Unit Cost and Company
Name;Extended Cost will automatically be calculated.
NICXco
COMPANY NAME
Page 1 of 1
DocuSign
Certificate Of Completion
Envelope Id: F9A9883A2B884FDE8126AD2A3E490749 Status:Completed
Subject: NICXco I Pitkin County Contract 151.21 for Review and Signature
Source Envelope:
Document Pages:82 Signatures:6 Envelope Originator:
Certificate Pages:5 Initials:0 Pitkin County Procurement
AutoNav: Enabled 530 East Main Street
Envelopeld Stamping: Disabled Suite 203
Time Zone: (UTC-07:00)Mountain Time(US&Canada) Aspen,CO 81611
Procurement@PitkinCounty.com
IP Address:216.237.91.144
Record Tracking
Status:Original Holder:Pitkin County Procurement Location: DocuSign
9/14/2021 11:48:23 AM Procurement@PitkinCounty.com
Signer Events Signature Timestamp
Gerald Fielding I� Sent:9/14/2021 11:56:39 AM
erald.fieldin itkincount com Arai, F1t�0�
g g@p' y. 4 Viewed:9/14/2021 2:43:10 PM
County Engineer Signed:9/14/2021 2:43:26 PM
Pitkin County
Security Level: Email,Account Authentication Signature Adoption: Pre selected Style
(None) Using IP Address:65.38.144.66
Electronic Record and Signature Disclosure:
Accepted:5/4/2020 2:25:51 PM
ID: 119874e5-b793-4ad0-a348-718953f54cfb
Company Name:Pitkin County,Colorado
Rich Englehart ,'.'I I"'` Sent:9/14/2021 2:43:30 PM
Rich.Englehart@PitkinCounty.com rick ft4td Viewed:9/14/2021 2:52:01 PM
Deputy County Manager Signed:9/14/2021 2:52:18 PM
Pitkin County
Security Level: Email,Account Authentication
Signature Adoption: Pre-selected Style
(None) Using IP Address:65.38.144.66
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Scott Wendland II Sent:9/14/2021 2:43:31 PM
scottw@nicxco.com SCR U1t In aun d Viewed:9/14/2021 2:59:55 PM
President Signed:9/14/2021 3:06:20 PM
Network Infrastructure Construction Company
Signature Adoption: Pre-selected Style
Security Level: Email,Account Authentication
(None) Using IP Address: 173.222.4.200
Electronic Record and Signature Disclosure:
Accepted:9/14/2021 2:59:55 PM
ID:9b19eccd-dc5f-40ca-a3a7-b76f2b858cdb
Company Name:Pitkin County,Colorado
Phylis Mattice Sent:9/14/2021 3:06:25 PM
phylis.mattice@pitkincounty.com P u1Lis t f{i(t, Viewed:9/14/2021 3:56:29 PM
Assistant County Manager Signed:9/14/2021 3:56:56 PM
Signing Group:County Manager Group
Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address:24.9.202.118
Electronic Record and Signature Disclosure:
Signer Events Signature Timestamp
Accepted:9/14/2021 3:56:29 PM
ID:830b5730-ff37-423b-9bf9-a43cd5c28c3e
Company Name:Pitkin County,Colorado
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Pitkin County Procurement COPIED Sent:9/14/2021 3:57:00 PM
procurement@pitkincounty.com Resent:9/14/2021 3:57:06 PM
Procurement Viewed:9/15/2021 9:00:33 AM
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Accounts Payable COPIED Sent:9/14/2021 3:57:00 PM
AP@pitkincounty.com
Accounts Payable
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Romany Iacono COPIED Sent:9/14/2021 3:57:01 PM
romany.iacono@pitkincounty.com
PW/LM Manager
Pitkin County
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 9/14/2021 11:56:39 AM
Certified Delivered Security Checked 9/14/2021 3:56:29 PM
Signing Complete Security Checked 9/14/2021 3:56:56 PM
Completed Security Checked 9/14/2021 3:57:01 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:3/20/2020 3:28:13 PM
Parties agreed to:Gerald Fielding,Scott Wendland,Phylis Mattice
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Pitkin County(we, us or Pitkin County)may be required by law to provide
you with certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically when we send you documents for
electronic signature.
Acknowledging your Access, Intent, and Consent to Receive and Sign Materials
Electronically
To confirm that you can access this information electronically, which will be similar to other
electronic notices and disclosures that we will provide to you,please verify that you were able to
read this electronic disclosure and that you also were able to print on paper or electronically save
this page for your future reference and access or that you were able to e-mail this disclosure and
consent to an address where you will be able to print on paper or save it for your future reference
and access. Further, if you consent to receive notices and disclosures exclusively in electronic
format on the terms and conditions described above,please let us know by clicking the 'I agree'
button below.
By checking the 'I Agree' box, I confirm that:
• I am establishing my intent to be bound to the transaction, and indicating that I am fully
aware of the purpose for which the signature is being provided.
• I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF
ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
• I can print on paper the disclosure or save or send the disclosure to a place where I can
print it, for future reference and access; and
• Until or unless I notify Pitkin County as described above, I consent to receive from
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgments, and other documents that are required to be provided or made
available to me by Pitkin County during the course of my relationship with you.
Signing Documents without a Pitkin County DocuSign Account:
Pitkin County may not require all document signers to be authorized users of the Pitkin County
DocuSign Account. Please read the information below carefully and thoroughly, and if you can
access this information electronically to your satisfaction and agree to these terms and
conditions, please confirm your agreement by clicking the 'I agree'button at the bottom of this
document. When you don't have a DocuSign account, you will be provided the opportunity to
agree to the Legal Disclosure each time you open an "envelope" for signing, at this time, you can
download and retain this disclosure. Pitkin County will forward completed documents that
you've reviewed, processed or signed via email. Should you require copies of these signed
documents (e.g., if they get deleted from your email account) you should request those
documents from Pitkin County under the Colorado Open Records Act by contacting the Pitkin
County custodian who sent you the document for signature.
Signing Documents with a Pitkin County DocuSign Account:
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to these terms and conditions,please
confirm your agreement by clicking the 'I agree'button at the bottom of this document.
Getting paper or electronic copies
At any time, you may request from us a paper or electronic copy of any record provided or made
available electronically to you by us. For such copies, as long as you are an authorized user of
the DocuSign system you will have the ability to download and print any documents we send to
you through your DocuSign user account for a limited period of time (usually 30 days) after such
documents are first sent to you. After such time, if you wish for us to send you paper or
electronic copies of any such documents from our office to you, you may be charged a per-page
fee. You may request delivery of such paper or electronic copies from us by following the
procedure described below.
Withdrawing your consent
If you are an authorized DocuSign Account holder, you can decide to receive notices and
disclosures from us electronically, you may at any time change your mind and tell us that
thereafter you want to receive required notices and disclosures only in paper format. Described
below is the process for informing us of your decision to receive future notices and disclosure in
paper format and also how to withdraw your consent to receive notices and disclosures
electronically.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign'Withdraw Consent' form on the signing page of your
DocuSign account. This will indicate to us that you have withdrawn your consent to receive
required notices and disclosures electronically from us and you will no longer be able to use your
DocuSign user account to receive required notices and consents electronically from us or to sign
electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through your DocuSign user account all required notices, disclosures,
authorizations, acknowledgments, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Pitkin County:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to Helpdesk@provelocity.com
To advise Pitkin County of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at Helpdesk@provelocity.com and
in the body of such request you must state: your previous e-mail address, your new e-mail
address .
In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in DocuSign.
To request paper or electronic copies from Pitkin County
To request delivery from us of paper or electronic copies of the notices and disclosures
previously provided by us to you electronically, you should request those documents from Pitkin
County under the Colorado Open Records Act by contacting the Pitkin County custodian who
sent you the document for signature.
To withdraw your consent with Pitkin County
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your DocuSign account, and on the subsequent
page, select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an e-mail to Helpdesk@provelocity.com and in the body of such a request, you
must state your e-mail, full name, Postal Address, telephone number, and account
number.