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HomeMy WebLinkAboutresolution.council.052-01 SOLUrION (SERIES OF 2001) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING CONSTRUCTION CONTRACT BETWEEN THE CITY OF ASPEN AND NEW ENGLAND ROOFING AND MAINTENANCE COMPANY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Cotmc~l a Construction Contract between the City of Aspen, Colorado and New England Roofing and Maintenance Co., a copy of which is annexed hereto and part thereof. NOW~ THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that a Construction Contract between the City of Aspen, Colorado, and New England Roofmg and Maintenance Co., regarding the Roof Replacement and Repair to the Wheeler Opera House, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager m execute said Contract on behalf of the City of Aspen. Dated: ~~~?~ ,2001. I. Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that reso~ip~ adopted by, the City Council of the City of Aspen, Colorado, at a meeting held ///~ /x/ ,2001. Kathryn S. Koc~ity Clerk PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed au each step of the procuremenl process and should follow each ~,.~xrequest for review or approval. Contracts under $5,000 require only Department Head approval. Contracts over $5,000 require City Manager approval. They do not require competitive bids but require documentation of source selection process. Contracts over $10.000 require City Attorney and City Manager approval. Competitive biddin~ process is required. Contracts over $25,000 require City Council approval. ALL CONTRACTS Procurement Description: ~"~t~;~.~ Budget estimate: $ t//~_/ Is proposed expenditure approved in the Department's budget? Yes No Explain process for vendor selectiom ~/~/ ,~)/~//~,Z:7~Ep~ Dept. Head approval of proposal: ~-- CONTRACTS OVER $5~000 AND UNDER $10~000 ~J~Contractor/Vendor Selected: Dept. Head approval: City Attorney rewew: __ City Manager Approval: Original signed contract documents !o City Clerk, Department and to Vendor/Contractor CONTRACTS OVER $10~000 ~/'/ RFP orlTBReviewedbyCityAttorney: _r~ ..~  1~ Advertisement ~ / ] ~ ol/ 2~ Advertisemem ~Attach Advertisemeln, Bid Opening: Contractor/Vendor Selected: Award letter sent: 3 signed contracts returneff'by v~ndor/contrac~r. Performance and Payment Bonds received Certificate of insurance received I Finance Department Review: [ If~Over $25,000, Prepare cover memo and resolution for City Council Approval ~-/~j~t~ City Attorney Review. ~,/~-~ /_/~ / City Manager Approval: / / ' City Council Approval ~ ~ / / / Notice to Proceed Original signed contract documents to City Clerk, Department and Contractor/Vendo~ __ WHEELER OPERA HOUSE . ASPEN COLORADO- May 7. 2001 Mr. Michael Weldon Mr. Christopher Weldon Weldon Companies, L.L.C. New England Roofing Company PO Box 2425 Basalt, Colorado 81621 Dear Mr. and Mr. Weldon: Thank you for submitting a ~roposal for the Roofing Project for the Wheeler Opera House. We do appreciate the time and effort you put into preparing your proposal and the additional clarification. After having careful'ly reviewed your proposal together with those of the other applicants, We are pleased to award New England Roofing the c6ntract for this project contingent on approval (it is on the consent agenda) at the May 14 City Council meeting. We are going forward with Area #1 for $20,200; Area #2 for $22,500; and Area #3 for $15,700 totaling $58,400. We are also agreeing to time and materials as specified to cover any repair of rotten decking not to exceed $3000 unless upon discovery there is much greater than anticipated damage. In such case, Wheeler project manager is to be notified ASAP and we will reach consensus upon how to proceed, we are allowing a $2000 contingency to cover this possibility. Total award not to exceed $63,400. We very much look forward to worl~ing with you on this project. Should you have any questions, please feel free to call either David Samuelson or Executive Director Nida Tautvydas at 920-5770. Thank you again. Sincerely, ,.<-"~ /' / / _/.. /' ! ,, . d'. ~,. David Sam~etson Christ ne Hipp Technical Director Operations Manager WHEELER OPERA HOUSE · 320 EAST HYMAN AVENUE · ASPEN, COLORADO 81611 · 970/920-5770 · FAX: 970/920~5780 CONTRACT FOR CONSTRUCTION (Short Form) Tills CONTRACT. made and'entered into on z~¥ 8, 2001 , by and between the CITY OF ASPEN. Colorado, 'hereinafter called the "City", and NEW ENGLAND ROOFING & MAINTENANCE COMPANY . hereinafter called the "Contractor". THEREFORE. m coDsideration of the mutual covenants and Contracts herein contained, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged; the parties hereto lid~eby agree as follows: l. Construction of Project. Contractor agrees ro furnish al] labor, materials, tools, machinery, equipment, temporary utilities, transportation and any other facilities needed therefor, and ro complete in a good, worknmnl~e and substantial manner the Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit "A" which is incorporated herein as ~f fully set forth (the "Project"). 2. Plans and Specifi~:ati0ns; Compliance with Laws. The Project is to be constructed and completed in .strict conformance with the Scope of Work and/or Proposal appended hereto for the same approved in writing by the parties hereto. The Project shall also be constructed and completed ii~ strict compliance with all laws, ordinances, rules, regulations of all. applicable governmental authorities, and the City of Aspen Procurement Code. Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. Contractor Shall apply for and obtain ail required permtts and licenses ahd shall pay all fees therefor and all other fees required by such governmental authorities. 3. Pa ~32ments to Contractor. In 'consideration of the covenants and Contracts herein contained being~ performed and kept by Contractor. including the supplying of all labor, materials and services required by this Contract, and the construction and completion of the Pro]ect~:City agrees to pay Contractor a sum not to exceed SCHEDULE DES'CRIB'ED ~N "EXtlI~BIT :A" ($ ) DOLLARS or as' shaven on Exhibit "A". 4. Commencement and Completion.' Contractor agrees to commence work hereunder immediately upon ~execution-here0f. m prosecme said work thereafter diligently and continuously ro completion, arfd in:krfy and all events to substantially complete the same not later than JUEY [, 20¢1· , subject to such delays as are permissible under' the "Extension of Time for Completion" secuon of this Contract. ADDITIONALLY, SEE "EXHIBIT C" REGARDING TIMELINE FOR WORK. CC5-971.doc Page: I 5. Payment of Bills and Charges;..Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service or facility used in cormection with or arising..0u~. Of the ProJect. and shall obtain periodic releases from all subcontractors and material suppliers supplying labor or materials to the Project concurrently with Contractor's~:delivering any payment to such subcontractors and material suppl.iers. Contractor .shall indemnify and hold City and City's officers, employees, agents, successors and assigns free and harmless against all expenses and liability suffered, or. incurred in connection with the claims' of any such subcontractors or material suppliersl including brit., not limited to court costs and attorney's fees resulting or arising therefrom; provided that Contractor shall be excused from this obligation ro the extent that City is in arrears in making the payments ro Contractor. Should any liens or claims of lien be f~ied of record against the Property, or should Contractor receive notice of any unpaid bill or charge in connection with construction of the Project, Contractor shall immediately either pay and discharge the same and cause the same to be ~eleased of record, or shall furnish City with the proper indemnity either by title p0~licy 9r by corporate surety bond in the amount of 150% of the amount claimed pursuam to &uch lien. 6. Releases. Contractor shall, if requested by City, before being entitled to receive any payment due, furnish to City all releases obtained from subcontractors and material suppliers and copies Of all' bills pa~id to such date properly receipted and ~dentlfied, covering work done and the materials furmshed to the ProJect and showing an expenditure of an amount nor les& than the total of all previous payments made hereunder by City ro Contractor. ADDITIONALLY, ~E "EXHIBIT A" REGARDING RETAINAGE. 7. Hierarchy of Project Documents, This Contract and the Proposal or Scope of Work appended hereto as Exhibit "B "; 'are intended to supplement one another. In case of conflict, however, this Contract shall control both. 8. Changes in the Work. Should the City ar any time during the progress of the work request any modifications, alterafioias or deviations in. additions to. or omissions from this Contract or:the Proposal/Scope of Work, it shall beat liberty ro do so. and the same shall in no way affect or make void this Contract: but the amount thereof shall be amortized over the remaini!lg: term of this Contract and added ro or deducted, as the case may be. from the payments set forth in Paragraph 3 above by a fair and reasonable valuation, bared :upon the actual cost of labor and materials. This Contract shall be deemed to be completed when the work is finished m accordance with the original Proposal or Scope Of Work as amended or modified by such changes, whatever may be the nature or'the extent thereof. Th~' rule of practice to be observed m fulfillment of this paragraph shall be that, 'upor~. the demand of either City or Contractor, the character and valuation of any or all ~hanges, omissions or extra work shall be agreed upon: and fixed' in {~riting, Sig~ed;ib~¢ City and Contractor, prior to performance. · . -..' ~ CC5-971.doc .... ~.' Page: 2 9. Contractor's Failure to Perform. Should Contractor. at any time during the progress of the work. refuse or fail to supply sufficient material or workmen for the expeditious progress of said' work or fail to perform any other provisions of this Contract, City may, upon giving notice in writing to Contractor as provided herein and upon Contractor's failure to remedy any such failure within 3 days from receipt of such notice, terminate this Contract and provide the necessary material and workmen ro finish the work and may enter upon the Property for such purpose and complete said work. The expense thereof shall be deducted fro~ the payments remaming under Paragraph 3 above, or if the total cost of the work,t0: City exceeds the amount of such remaining payments. Contractor shall pay to City upon demand the amount of such excess in addition to any and all other damages to which City may be entitled. In the event of such termination_ City may take possession of all materials, eqmpment and appliances belonging ro Contractor upon or adjacent ro the Property upon which said work is being performed and may use the same in the completion of said work. Such termination shall not prejudice or be exclusive of any other legal rights which City may have against Contractor. 10. Extension ,of Time for Completion. Time is of the essence of this Contract and Contractor:shall si]~tanti~illy com~!~ 'the work during the time provided for herein. However, t~e time driving Which ContraCtor is delayed in said work by (a) the acts of City or its agetus or. employees or those, claiming under Contract with or permission from City, Or (b~' ~he acts of God'~hich Contractor could not have reasonably foreseen and provided against, or (c) ~anticipated stormy or inclement weather which necessarily defrays' the work, or (d) ~,a~y strikes, boycotts or obstructive actions by employees or labor 0rgan~zatzons and ,~2hlch are beyond the control of Contractor and which it ca/mot ~easonably overcome, or (e) the failure of City to make progress payments promptly, ~hall be added [o the time for completion of the work by a fair and reasonable allowance. C0ntraqtor..rec0grfizes, however, that the site of the work is in the Rocky Motmi~ins at a high elevatiSn Where inclement whether Conditions are common. This fact has .bee~ dor/sidef/d by Contractor in preparing its Proposal and or agreeing to the Scope of Work. Furthermore,' Contractor shall have the right to stop work if any payment, including payment for, extra work, is not made to Contractor as provided in this Contract. In the egent of ~such ,~o?ayment, Contractor may keep the job idle until all payments .then/1/to a/:e received '::' ') 11. Unforeseen ConditiOnS. It ~s ~nde~iood and agreed that Contractor, before incurring any other expenses '-or purchasing 'any other materials for the Project, shall proceed to inspec~ the work site and all vi,sible,. ~onditions and that if, at the time of inspection therefor; the Contractor finds that the.'~roposed work is at variance with the conditions indicated by the Prbi~o~al, Scope pi:Work, or information supplied by City, or should Contgactor 'encofinter physical'~tnditions below the surface of the ground of an unusual ~aturel differing materially f/tm those ordinarily encountered and generally recognized as inhere~t'~in iwork o~'ihe character provided for in this Contract or inherent in a work site lodated in the Rock,j.:MoUntains, Contractor shall so notify City, and City shall at tl/at ti~e'have' the rigl~f a~d bption to immediately cancel and CC5-971.do¢ i ,, ' ' Page: 3 terminate this Contract or to instruct Contractor to continue the work and add the additional amount attributable tO such unforeseen. ,conditions to the payments due Contractor as set forth gbove. · It is agreed that in the event of an3~ cancellation by City in accordance with this section, Contractor shall be .paid the., acma! .costs 'of the -~vork done prior to the time of cancellation. In computing, such costs, building,,.permit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time, Office overhead and profit stiall not be included in such costs to be refunded to Contractor by reason of such cancellation. 12. Acceptance by City. No payment hereunder nor occupancy of said improvements or any part the[eof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, but the entire work is to be subject to the inspection and approval of City at the time when Contractor notifies City that the Project has been completed. 13. Notice of Completion: Contractor's R~lease. City agrees ro sign and file of record within five (5) days after the substantial~ '~ompletion and acceptance of the Project a Notice of Completion. If City fails ro so' record the Notice of Completion within said five (5) day period, City hereby appoints ~ontractor as C~ty's agent to sign and record such Notice of Completion bn City's b4h~i This agency is irrevocable and is an agency coupled with an ~interesr. Contractor agrees upon receipt of final payment ro release the Project and property from any, and all claims that may have accrued against the same by reason of Siid' cons/rgctigg., If Contractor faithfully performs the obligations of this Contract dn' its p/rt' ti~ bl ~/)~}t~i~ed. it shall have the right to refuse ro permit occupancy of any structures by Ciff or City's assignees or agents until the Notice of Completion has been recorded'and Ctntractor has received the payment, if any, due hereunder at completion of construction, less such amounts as may be reta/_ned pursuant to mutual Contract of City and Contractor under the provisions of Paragraph 3 above. 14. Insurance. a. The Contractor agrees ro procure andi maintain ar its own expense, a policy or policies of insurance sufficient to insure agakast all liability, claims, demands. and other obligations assumed by the Confractor pursuant to the terms of this Contract. Such insurance shall be in addition to any other insm:ance requirements imposed by this contract or by law. Thd Cofitractor ~hall not be relieved of any liability, claim~, demands. or other obligat/ons assumed pursuark to the terms '6f this Contract by reason of its failure to procure or mamram insurance, or by r~/~:of its failure to procure or maintain insurance in sufficient mounts, duration, or t315~s. b. Conrracro~ shall'procure /hd maintain, and shall cause any subcontractor of the Contractor ro procure and maintain, th~ min/mum insurance coverages listed in the CC5-97~.doc Page: 4 Supplemental Conditions. If the Supplemental Conditions do nor set forth rniniraum insurance coverage, then the minimum coverage shall be as set forth below. Such coverage shall be procured and maintained with form~: and insurance acceptable to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of any claims-made policy',, the necessary retroactive dates and ex'rended reporting periods shall be procured to maintain:such continuous coverage 1 Workmen's Compensatibn insurance to cover obligations imposed by applicable laws for any employee enggged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500~000.00) for each accident. FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00~ disease each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this.paragraph. 2. Commercial General Liability iiSSurance with minimum combined single limits of ONE MILLION 'DOLLARS"($I,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000'.00) aggregate. The policy shall be applicable ro all premises and operatiop~. The policy shall include coverage for bodily injury, broad fprm. prope ~r~35:' ,d~ag~age (including completed operations), personal injury (includin~ '~0ver~ge~f61:'~!~bhtr~ctual and employee acts), blanket contractual, independent ~ontractors. products, and completed operations. The policy shall include co3erage for, eyplo~;s, mn, collapse, and underground hazards. The policy shall contain a sevembiiit~, of ~t~rests provision. 3. Comprehensive Automobile' Liability insurance with minimum combined single limits for bodil? injury and. property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS '($1,000,000.00) .ag~egate with respect to each Contractor's owned, hired and non-owned Vehicles assigned ro or used in performance of the services. The policy:shall contain a severability of interests prowsion. If the Contractor has no own~d.~mginobiles, the requtrements of this Section 5.4.2.3 shall be,met by each employee of the Contractor providing services to the City under this contract. c. Except fo.r any Professional LiabilitY.insurance that may be required, the policy or policies required &bo'i~"shall be end6r~4~d to include the City of Aspen and the City of Aspen's officers and ~mployees as additional insureds. Every policy required above shall be primary insurance~ and any ~u~mce carried by the City of Aspen ks officers or employees, or carried by or :": ': ': prowded 'through any insurance pool of the City of Aspen. shall be excess and not contributory, insurance to that provided by Contractor. No additional insured endorseihent ro the policy required above shall contain any exclusion for bodily injury' or property damage arising from completed operations. The CC5-971.cloc Page: 5 Contractor shall be solely responsible for any dedu~!i~~ losses under any policy required above. d. The certificate ~o~ ~ins~r~c~ ~p~ded by the City of Aspen shall be completed by the Contract0i's insurance agent as evidence that policies providing the required coverage, co~nditiom. ,and m/n/mum Frolics. are in full force and effect, and shall be reviewed and approved by the, City q~.Asp~.phor to commencement of the contract. No other form of certificate shall be used.~Th~ ~erfificate shall, identify this contract and shall provide that the coverage afforded under the policies shall nor be canceled, term/hated or materially change~ until ar least thirty (30) days prtor written notice has been given to the City of Aspen, e. In addition, these Certificates of Insurance shall contain the following clauses: {PRIVATE }Underwriters and isguers, shall-have no right of recovery or subrogation against the CiB; of Asperi; it being 'the intention of the parties that the insurance policies so effected shall protect all parties and be primary coverage for any and all losses cover¢O by the above-described insurance. To the exrem that the City's insurer~s~, mfi~ bicbm~'l'iabl~'.f~r .secondary or excess coverage, the City's underwrite~:s and insu/ers shall,~av~ no right of recovery or~ subrogation against the Contraqtb~.Ufi~,erwriters ~i~;';i'~ers shall have no right of recovery or subrogation against the.:~ity 63-A~pe~ii' i~,;b'~ihg the intention of the parties that the insurance pohc~es so effected shall pr0te, ct ail part~es and be prunary coverage for any and all losses c0verCd .by the ab(~ve-~ie~cribed insurance. To the extent that the City's insurer(s)'may become liable f6~< secondary or excess coverage, the City's underwriters and insurers shall have no right of recovery or subrogation against the Contractor. {tc \1 1 "Underwriters~ and ~ssuers shall have no right of recovery or subrogation 'against.the City oil"Aspen, it being the intention of the parties that the insurance policies so effected shall protect all part/es and be primary, coverage for any and all losses covered.by the above-described insurance. i .' ' , may.;b~gme liable ibr secondary or excess To the extent that the C~ty s insurer s) coverage, the City's imderwriters and ins~r§'khall have no right of recovery or subrogation against the Contractor. "J {PRIVATE }The insurance :c,6mpa¢, leg ~sfi~g the policy or policies shall have no recour, se against ~he: C~fy 'o.f A~efi::i:f?: payment of any prennums or for assessments undef'~any i~0.rm'0fp~iiqy~:~b~;i'~surance companies issuing the policy or policies shall have nb,'recou~s~:!~i~ist}the City of Aspen for payment of any premiums or for assessments under any. form of policy.{tc \I 1 "The insurance companies issuing the policy or policies ~hall have no recourse against the City of Aspen for payment of any premiums or' 'for assessments under any form of policy. "} CC5-971.doc i,':.::':' Page: 6 {PRIVATE }Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amonnr of. and ar the sole risk of the Proposer. Any and all deductibles in:the 'above-described insurance policies shall be assumed by and be for the am~U~t of;. and .at the sole risk of the Proposer.{tc 1 1 "Any and all deductibles 'ini"~.i~)e~de~cribed insurance policies shall be assumed by and be for the amount of, and at the sole risk of the Proposer. "} {PRIVATE }Location of operations shall be: "All operations and locations ar which work m connection with the referenced project is done. "Location of operations shall be: "All operations and locations ar which work in connection with the referenced project is done. "{m \1 1.' "Location of operations shall be\: \"All operations and locations at which work 'in connection with the referenced project is done.\""} Certificates of Insurance for all renewal policies shall be delivered to the Architect ar least fifteen (15) days prior ro a policy's ,expiration date except for any policy expiring on the exptranon date of th~$ ContraCt 0r-thereaftex ~ e. Failure on ~,e ip~rt of 'Re f~a?or ro procure or maintain policies providing the required ~co~er~gb,7 ~0rid~?!~/t minimum limits shall constitute a material breach of contract upo/; which' CftC-~h~y 'immediately terminate this contract, or at its discretion City may procure or renew) ifi~ ~uih policy or any extended reporting period thereto and may pay any 'and all premiums '.in connection therewith. All moneys so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums against moneys due to Contractor from City. f. City reserves the right ro request and r~celve a certified copy of any policy and any .endorsement thereto. 15. Damage or Destruction. If the Projec~ is destroyed or damaged by any accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or vandalism, any work done by Contractor in: reb~uilding or restoring the work shall be paid for by City as extra ,~6vk-tinder P'arig~l/:"8 above, ff. however, the estimated cost of replacement of the wor-k ~already c0mPlq[ed.by Contractor exceeds twenty (20 %) percent of the insured sum'set, forth in ~aragraph~:l~ above, City shall have the option to cancel this Contract and, in."such ~e~atii~5~ri~tor shall be paid the reasonable cost, including net profit ro Contractor in the-amount of ten (10%~ percent, of all work performed by Contractor before such cancetlationi ~'~ 16. Notices. Any notic~'.whi4h any party ikrequired or may desire to give to any other party ihall be in writifi~ and may be pers0fialiy delivered or given or made by United States mail addressed as follows: To City: Wi~EELER OPERA HOUSE ' CC5-971.doc '~ ' · ''~'" "*" · . Page: 7 ATTN: NIDA TAUTVYDAS, EXECU~i ~V~jD]~ECTOR 320 EAST IIYMAN 'AVENUE Aspen, Colorado 81611 To Contractor: NEW ENGLAND ROOFING & MAINTENANCE COFiPANY PO BOX 2425 BASALT, COLORADO 81621 subject to the right of either party to designate {t different address for itself by notice similarly given. Any notice so g~ven; d¢l~,vered~:0g,made by United States mail, shall be deemed to have been given the',same 'day as--transmitted by telecopier or delivered personally, one day after :consignment. to ~oVeriiight courier service such as Federal Express. or two days ~after" th6~ deposit in file' United States mail as registered or certified matter, addressed as above provided, with i>ostage thereon fully prepaid. 19. Inspections; Warranties. (a) Contractor shall conduct an inspection of file Project prior to final acceptance of the work with City. Co/ Contractor shall schedule and cause ro be performed all corrective activities necessitated as a result of any deficiencies,..n0ted on the final inspection prior to acceptance. The costs of material and/or 'labor incurred in connection with such corrective activities shall not he reimbursed or otherwise paid to Contractor. (c) Contractor shalI obtain, at. Clty+s ~e~pense, third party warranty contracts (to be entered into by City). . 20. Licensure of'Cgfitractor. Cont~lc{or Jcereby represents and warrants to City that Contractor ~s duly hcensed ]~tX~X~KI~RXtt~XC~I~h~' IN THE:CITY OF ASPEN. 21. Independent Contractor. It is expressly acknowledged and understood by the parties that nothing ~n this Contract shall ~esnl~ 'in, or be construed as establishing an employment relationship. The Contractor shall be, and shall perform as, an independent the Contractor whq agrees to use his~ best efforts to provide the Work on behalf of the City. No agent, e~Tployee, or servant of the Contractor shah be, or shall be deemed to be, the employe~, agent' 6r Se~a~fof,:the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are Under the solb control of tt/e Contractor. None of the benefits provided by the City to its employees including, but not limited tO; worker's compensation insurance and unemployment insurance, are available from the City ro the employees, agents or servants of the Contractor. The Contractor shall be solely and entirely responsible for its acts and for the acts of the Contractor's agents, employees, servants and subcontractors during the performance of the Contract. THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO TH]E CONTRACT. 22. Assignment. This Contract is for the personal services of Contractor. Contractor shall not transfer or assign'this Contract or its rights and responsibilities under this Contract nor subcontract to Others its rights and responsibilities under this Contract, and any attempt to do so shall be void and constitute a material breach of this Contract. 23. Successors and Assigns. Subject ro par, agraph 22. above, this Conrrac~ shall be binding on, and shall ifiure to the benefit' ~f, City and Contractor and their respective successors and assigns. 24. Entire Contract. This Contract contains the entire Contract between City and Contractor respecting the mat~ers set forth herein and supersedes all prior Contracts between City and Contractor respe, cting such matters. 25. Waivers. No waiver by 'City or Contractor of any default by the other or of any event, circumstance or condition p.ermitting either to terminate this Contract shall constitute a waiver of ~m.Y other default or other such evem. circumstance or condition, whether of the same Or o('a,~y' 9~i!er nature or type and whether preceding, koncurrent or succeeding; and'no f&ilfi~e'~0~ d~lay by either City or Contractor to exercise any right arising by reason of an~ d~fanlt by the other shall prevent the exercise of such right while .the 'defaulting party continues in default, and no waiver of any default shall operate as a waiver of any other default or as a modification of this Contract. 26. Remedies Non-Exclusive. No' remedy conferred on either party to this Contract shall be exclusive of any other remedy herein or by law provided or permitted, but each shall be cg~nulative and shall b~' ig addition to every other remedy. 27. Governing Law. -This Contr&~t.shall be governed by, and construed in accordance with, the laws,of the State of Col0rado. Venue for any action at law or equity shall be Pitldn County. CC5-971.doc (- , ' ':, - Page: 9 28. Attorneys' Fees. If either party to thii Contract shall institute any action or proceeding to enforce any right, remedy or provi'~ion contained in this Contract, the prevailing party in such action shall be entitled: to receive its attorneys' fees in connection with such action from the non-p'revailing party. 29. Severability. A~y provision in'.this' Contract which is held to be inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the provisions of this Contract are declared to be severable. 30. Nondiscrimination. During .t13¢ performance of this Contract. the Contractor agrees as follows: The Contractor will-nor discriminate against any employee or applicant for employment because of race, color, religion, sex. national origin, age, marital stares, sexual 6rientafion_ being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Contract6r will take affirmative action to insure that applicants are employed, and that employees are. treated during employment without regard to their race, color, religion, sex, national origin; sex, age, sexual orientation. handicapped, a disadvantaged person. 'or a disabled 0~'~iet Nam era veteran. Such action shall include, but not be limited to, the following: .em,~loyment, upgrading, demotion or transfer; recrmmaent 6r recrnitm'efii' advertising; layd~f or termination; rates of pay or other forms of compens~ttion: and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, a~aflable to employees and applicants for employment, noUces to be prowded setting forth the prows~ons of th~s nondiscrimination clause. 31. Prohibited Interest. No.member. officer, or employee of the City of Aspen. Pitkin County or the Town of Sn~i/i/iss'Vitlage shall have any interest, direct or indirect, in this Contract or the proceeds ~ereof. 32. Warranties Against Contingeni':-Fees, Gratuities, Kickbacks and Conflict of Interest: a. The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this C6ntract upon an Contract or understanding for a commission, percentage, brokerage, or Contiingency fee. excepting bona fide employees or bona fide established commercial or ?fling agencies maintained by the Contractor for the purpose ol3 sectuJng business. b. The Contractor agrees not to give.m3y employee or former employee of the City a gratuity or any offe~ of' employment in connection with any decision, approval, disapproval, recommendation, preparation 0£,~any part of a program requirement or a purchase request, influencing the conten~/,:of'~S¢. ~ecification or procurement standard, rendering of advice, invesfig~/tion, auditing; :0~ iri any other advisory capacity in any proceeding or application, request' for ruling, determLnation, claim or controversy, or CC5-971.doc Page: 10 other particular matter, pertaining ~o this Contract ,or to any solicitation or proposal therefor. . ~ c. It shall be a material breach of the Contract for any payment, gratuity, or offer of employment to be made.,by o6 On behal!~ o~f.a Subcontractor Under a contract to the pr/me Contractor or higher, tier Subcontracf6r or any person associated therewith, as an inducement for the award of a Subcontract. . .°r order The Contractor is prohibited from inducing, by any means, any person emplQye~ gnd~er this Contract to give up any part of thecompensatmn' to which' he/she, is'. other.~v~se~. '. entitled' ' ' The Contractor shall comply with all applicable local, state and federal "anti-kickback" statutes or regulations. 33. Payments Subject to Annual Appropriations. If the contract awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that. may be, from time to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said governing body and that before providing services, the Contractor. if it so requests, will be advised as to the stares of funds appropriated for services or materials and shall not be obligated ro provide services or materials for which funds have not been appropriate. 34. EXHIBITS A, B, AND C ARE INCORPORATED HEREIN AS INTEGRAL AND BINDING PARTS OF THIS AGREEMENT. IN WITNESS W-HEREOF, ~he 'parties agree hereto have executed this Contract For Construction on the date first Above written ~ "' ATTESTED BY: CITY OF ASPEN. COLORADO ~/~_,~_ By: Title: RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ,t~i~y Engine~ering O[p~epr CiU ATTESTED BY: CONTRACTOR: · - Page: I1 By: Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnershiP, the Contract shall be signed by a Principal and indicate title. CC5-97t.doc Page: 12 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ) ) SS. COUNTY OF .) On this day of ,20 ., before me appeared to me personally known, who. being by me first duly sworn, did say that s/he is of and ~that the seal affixed to said instrument is the corporate seal of said corporation, and that~said instrument was signed and seale.d in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said.corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public Address My commission expires: CC5-97I.doc ' Page; 13 WELDON COMPANIES, 1NC. d/b/a New England Roofing and Maintenance Co. P.O. Box 2425 Basalt, Colorado 81621 (970) 927-3715 Proposal and Contract Proposal Submitted to: Work to be performed at: Name: David Samuelson ~ The Wheeler Opera House Name: Same Street: 320 East Hyman Street Street: Same City: Aspen City: Same State and Zip: Colorado, 8t611 State and Zip: Same Telephone No: 920-5770 ext 5782 Telephone No: Same Weldon Companies, Inc. ("Contractor") hereby proposes to perform the following described work for the Owner identified above who, by his or her signature below, represents that he or she is an agent of the owner or is the owner of the premises at which the work is to be performed and has the authority to accept this proposal and enter into this contract. Description of work: See Addendum A. Material m be furnished: All the necessary labor, tools and material that are needed to complete the work listed in addendum A. will be provided. Contram price: $63,400 for the total roof package. The breakdown is as follows. Area #I $20,200.00 Area #2 $22,500.00 Area #3 $15,700.00 Any work that deviates from the work listed will be charged on a time and material basis. Any time and material work will be performed ~ $65.00 per man-hour, material is cost plus 15% mark up of cost. $ 5000.00 will be allocated for time and material work. All attempts will be made to keep the T&M expenditure under $3000.00. Technical Adviser David Samuelson will be informed of the useage of the T&M budget on a regular basis. Payment Terms: Weldon Companies shall be paid one third (1/3) of the moneys upon contract sigjaing, the second third of the moneys will be paid upon the halfway completion point, and the final third of the moneys will be paid immediately upon completion of the work. 10% of the project moneys will be held until a guarantee on the work is granted by GAF. The Wheeler Opera House is to bear all cost associated with obtaining a 15-year guarantee from GAF. Guarantee prices are $9.00 per square, or a minimum charge of $750,00 for a 15-year guarantee. New England Roof'mg and Maintenance Co. will guarantee workmanship for a period of three years from the finish date. Proposed start date: 03/21/01, or earlier upon discussion. Respectfully submitted: Weldon Companies, Inc. Acceptance of Proposal The undersigned hereby accepts the above.proposal and hereb..y~agrees to be bound by all of the terms and conditions contained herein and, on the revrerse side of this~eb~nt/aet (Please Read). Proposal void if not accepted Addendum A. Area #1 proposal "A". I. Remove and dispose of the existing roof'mg material down to the deck. 2. Remove up to 2 (two feet) of brown standing seam roof. 3. 3. Install 1" ISO board to the deck surface. 4. Install 45 Mil GAF Evergaurd TPO, mechanically fastened, with heat welded seams over the ISO board. 5. Flash the parapet by first cutting a 1" raglet into the parapet wall, followed by the installation of GAF coated metal. The metal shall be fastened mechanically, and caulked. The roof membrane will then be heat welded to this metal, providing a monolithic roof system. 6. Repalce the brown standing seam metal panel that was removed, with 2.5 feet of material that is of the same likeness as the existing metal. This will provide a 6' lap of the existing metal, over the new metal. 7. Flash all penetrations in the roof. 8. Provide roofmg for the air-handling base, provided the Wheeler Opera House or a differing contractor is able to remove and reinstall the various components of the air handling system. 9. Replace or reinstall the drain baskets and cages in this area. Price for the work described above, including labor and material: $20,200.00. Twenty thousand two htmdred dollars and zero cents. Area # 2 Proposal "A" 1. Remove and dispose of the existing roofing material down to the deck. 2. Install 1" ISO board to the deck surface. 3. Install 45 Mil GAF Ever guard TPO, mechanically fastened, with heat welded seams over the ISO board. 4. Flash all penetrations in the roof. Price for the work described above, including labor and material: $22,500.00 Twenty two thousand, five hundred dollars and zero cents. Area # 3 Proposal "A". 1. Remove and dispose of the existing roofing material down to the deck. 2. Remove up to 2 (two feet) of brown standing seam roof 3. Install 1" ISO beard to the deck surface. 4. Install 45 Mil GAF Evergaurd TPO, mechanically fastened, with heat welded seams over the ISO board. 5. Replace the brown standing seam metal panel, that was removed, with 2.5 feet of material that is of the same likeness as the existing metal. This will provide a 6' lap of the existing metal, over the new metal. 6. Flash all penetrations in the roof. 7. Flash the parapet by first cutting a 1" raglet int° the parapet wall, followed by the installation of GAF coated metal. The metal shall be fastened mechanically, and caulked. The roof membrane will then be heat welded to this metal, Providing a mnolithic mofsysteml 8. Replace or reinstall the drain baskets and cages in this area. Price for the work described above, including labor and material: $15,700.00 Fifteen thousand, seven hundred dollars and zero cents. In the event that through the process of obtaining a manufactures warranty, it is found that work performed by New England Roofing and Maintenance Co. is the cause for not receiving the manufacturers warranty, New England Roofing and Maintenance Co. will redo their work so that the work is in accordance with the guidelines for installation l~om GAF so that a warranty on the work may be issued bom GAF. WHEELER OPERA HOUSE TIMELINE SCHEDULE -ROOFING PROJECT 2001 ROOFING AREA #1 COMPONENTS: DEMOLITION WORK MAY 14 - JUNE 12 MASONRY FLASHING MAY 14 -JUNE 30 CRANE MAY 14 - JUNE 30 STRUCTURAL FLASHING MAY 14- JUNE 30 DECKING REPAIR AND REPLACEMENT MAY 14 - JUNE 30 FLASHING OF ALL PENETRATIONS MAY 14 - JUNE 30 STANDING SEAM ROOF ALTERATIONS MAY 14 - JULY 2 HVAC INSTALLATION PREPARATIONS MAY 14 - JULY 2 DRAIN REPAIR MAY 14 - JULY 2 MEMBRANE REPLACEMENT MAY 14 - JULY 3 SUBSTANTIAL COMPLETION JULy 4 ROOFING AREA #2 COMPONENTS: DEMOLITION WORK MAY 14 - JUNE 15 CRANE MAY 14 - JUNE 30 BENTLEY'S EXHAUST FAN & PAD MAY 14 - JUNE 30 MASONRY FLASHING MAY 14 - JUNE 30 STRUCTURAL FLASHING MAY 14 - JUNE 30 DECKING REPLACEMENT & REPAIR MAY 14 - JUNE 30 FLASHING OF ALL PENETRATIONS MAY 14 - JUNE 30 STANDING SEAM ROOF ALTERATIONS MAY 14 - JUNE 30 MEMBRANE REPLACEMENT MAY 14 - JULY 3 SUBSTANTIAL COMPLETION JULY 4 ROOFING AREA #3 COMPONENTS: DEMOLITION WORK MAY 14 - JUNE 30 CRANE MAY 14 - JUNE 30 MASONRY FLASHING MAY 14 - JUNE 30 DECKING REPAIR AND REPALACEMENT MAY 14 - JUNE 30 FLASHING OF ALL PENETRATIONS MAY 14 - JUNE 30 DRAIN REPAIR MAY 14 - JUNE 30 MEMBRANE REPLACEMENT MAY 14 - JULY 3 REPLACEMENT OF SNOW MELT SYSTEM MAY 14 - JULY 3 SUBSTANTIAL COMPLETION JULY 4 GENERAL coNSIDERATIONS RE: HVAC TIMELINE This contract is entered into in the spirit of cooperation and facilitation between both parties to accommodate the needs of the contractor in successfully completing this project as well as the pre-contracted needs of the Wheeler and its clients and leaseholders in continuing normal operations during the period of construction. It is crucial that we keep any electrical interruptions in the building to a minimum due to the connections in the Box Office, to other computers (including the fire alarm system), and to electrical systems which would impact our theatre rental clients and leaseholders. Therefore, we will need 2 week notice of any electrical interruptions in order to notify any and all of the above. Restricting the electrical interruptions to time periods which least impact all of the parties involved is imperative, even if it means working outside of the normal work day hours. It is especially crucial that there be no interruptions to Box Office operations during the weeks of 6/11~24 as well as on the date of 5/21. We understand that we can an~i'cipate construction impacts in our office area and will also need 2 week preliminary and 1 week confirmed notice of any need to vacate various office spaces to accommodate the construction. Since the Wheeler operates as an active venue and has committed the theatre, lobby and backstage spaces to various rental clients, it is crucial that any components impacting usage of these areas be completed prior to June 6. Wheeler staff and MKK will meet weekly to review the construction schedule as it rel'ates to our performance and operations schedules and to resolve any unforeseen issues. Since the Wheeler parking lot must accommodate the needs of our rental clients and their productions, it is crucial that we receive 2 week preliminary and ~1 week confirmed notice of any impacts to that area. We will arrange for a designated construction parking area and will need notice for major impacts outside of that area such as the crane and chiller installation. Since we must accommodate so many interests within the Wheeler building, any significant revisions or adjustments to the agreed upon timeline will require signoff by both MKK and Wheele~ staff project manager:' Any amendments and necessary changes to the various phases will be subject to approval upon final project completion and'warranted testing of all components, allowing the total system and computerized controls to operate under seasonal conditions that will properly test for desired performance. Wheeler will issue monthly draws to MKK against total contract amount based on % of work completed. MKK will fax invoices by the 10th of the month foe work completed during the previous month. Payment will be issued no later than the 25th of the month. TIMELINE SCHEDULE - HVAC PROJECT - 2001 AUDITORIUM AUDITORIUM PHASE COMPONENTS: BOILER ROOM PUMPS MAY 14 - JULY 3 MASONRY WORK MAY 14 ,- JULY 3 ROOF & EXTERIOR DEMOLITION MAY 14 - JUNE ROOFING MAY 14 - JULY 3 CARPENTRY FRAMING MAY 14 - JUNE 2 DRYWALL MAY 14 - JULY 3 STRUCTURAL MAY 14- JUNE 3 HVAC MECHANICAL MAY 14 - JULY 3 CRANE JUNE 1 - JUNE 21 HVAC PLUMBING JUNE - JULY 3 HVAC ELECTRICAL JUNE - JULY 3 CHILLER INSTALLATION JUNE 11 - JULY 3 PIPING CHASE JUNE 6 - JUNE 14 ELECTRICAL DISCONNECT JUNE - JULY 3 TRANE CONTROLS JUNE - JULY 3 TRASH REMOVAL MAY 14 - JULY 3 SUBSTANTIAL COMPLETION JULY 4 PUNCHLIST DUE DATE JULY 13 PHASE COMPLETION DATE JULY 20 BENTLEY'S HOOD AND EXHAUST HOOD AND EXHAUST PHASE COMPONENTS: BENTLEY'S EXTERIOR EXHAUST JUNE - AUG 31 MASONRY WORK JUNE - AUG 31 ROOF EXHAUST FAN JUNE -AUG 31 CARPENTRY FRAMING OCT 29 - NOV 12 OLD EXHAUST DEMOLITION OCT 29 - NOV 12 TRASH REMOVAL OCT 29 - NOV 12 ~'~ INSTALLATION SITE CLEANING OCT 29 - NOV 12 INTERIOR EXHAUST DUCTING OCT 29 - DEC 1 KITCHEN EXHAUST HOOD OCT 29 - DEC I HOOD FIRE SYSTEM INSTALLATION OCT 29 - DEC 1 DRYWALL & PAINTING NOV 12 - NOV 30 SUBSTANTIAL COMPLETION DEC 1 PHASE COMPLETION DEC 1 HOOD AND EXHAUST SYSTEM MUST BE FULLY OPERATIONAL BY DEC 1 FOR TENANT TO RESUME NORMAL BUSINESS OPERATIONS AFTER SUBSTANTIAL COMPLETION. BASEMENT BASEMENT PHASE COMPONENTS: MASONRY CUTTING MAY 14 - JULY BASEMENT DEMOLITION MAY 14-JULY BASEMENT ItVAC INSTALLATION JUNE - AUG 30 HVAC ELECTRICAL JUNE - AUG 30 DUCT INSTALLATION JUNE - AUG 30 HVAC PLUMBING JUNE - AUG 30 DRYWALL & PAINTING JUNE - AUG 30 TRANE CONTROLS JUNE - AUG 30 SUBSTANTIAL CONIPLETION AUG 31 PUNCHLIST DUE DATE SEPT 7 PHASE COMPLETION SEPT 14 ANCILLARY ANCILLARY PHASE COMPONENTS: LOBBY BAR CONSTRUCTION MAY 14 - MAY 29 LOBBY BAR DUCTING MAY 14 - JUNE 4 LOBBY BAR DRYWALL & PAINTING MAY 29 - JUNE 6 TRASH REMOVAL MAY 14 - NOV 30 FRESH AIR INTAKE AUG 22 - SEPT 5 BENTLEY'S & HIGHLINE DEMOLITION OCT 8 - NOV 15 HVAC PLUMBING OCT 8 - DEC 1 HVAC ELECTRICAL OCT 8 - DEC 1 BENTLEY'S & HIGHLINE cARPENTRY OCT 8- NOV 23 HVAC INSTALLATION OCT 8 - NOV 23 HIGHLINE GALLERY OCT 8 -NOV 16 PIT LEVEL HVAC OCT 8 - DEC 1 2cd LEVEL DRESSING RMS. HVAC OCT 8 - DEC 1 BOX OFFICE HVAC OCT 8 - DEC 1 LOBBY HVAC OCT 8 - DEC 1 BENTLEY'S RESTAURANT OCT 29 - DEC 1 TRANE CONTROLS OCT 8 - DEC 1 SUBSTANTIAL COMPLETION DEC 1 PUNCHLIST DUE DATE DEC 10 PHASE & FINAL COMPLETION DEC 17 ALL DATES HAVE BEEN AGREED UPON BY ALL PARTIES INVOLVED IN ORDER TO FACILITATE THE BEST TIMES FOR ALL CONSTRUCTION ACTIVITIES AND CLOSURE DATES. ANY VARIATIONS iN T~S TIM'E LINE WILL FACILTATE THE NEED FOR A CHANGE ORDER, IN ACCORDANCE WITH ALL THE STIPULATIONS SET FORTH IN THIS CONTRACT. EXHIBIT "A" BID PACKAGE 1. New England Roofing Bid Proposal 2. Contractor's Hourly Rate Schedule GENERAL TERMS AND CONDITIONS OF THE CONTRACT 1. Contractor warrants that all the material is guaranteed to be as specified, and the above work to be performed in a good and workmanlike manner. All other warranties, express or implied, are hereby denied. Conlractor's obligation under this warranty shall be limited to repair of work performed provided that contractor reasonably determines such repairs are due to defects in material of workmanship, and further that contractor is notified within thirty (30) days after the work is performed. Contractor's liability is limited to this warranty. In no event shall contractor, its officers, directors, shareholders, employees, and agents, be liable for damages of any nature, including but not limited to direct, incidantal, consequential, special, ganeral, or other damages, exCePt as specified herein. 2. Any alteration or deviation fi:om the above specifications will be performed only upon written orders and any and all extra coats associated therewith shall be paid in full with the balance of the Contract Price upon completion of work. Owner shall be required to advance one half (1/2) of all extra costs before such work is commenced. 3. Performance of work is subject to delays beyond control of the Contractor such as weather, accidents, acts of God, shortage of materials, etc. 4. Contractor will carry Workers Compensatitm for its employees~ Owner will carry all other insurance including, but not limited to, comprehensive general liability, fire, and theft:. 5. Final payment shall be made mediately upon notification to Owner that the work is completed in cash or equivalent good funds. Any payments not made as required shall bear a finance charge of four per cent (04%) per month until paid in full. In the event Conm~ctor engages a lawyer to collect any payments, Owner shall be required to pay any and all legal fees, costs and expanses incurred as well as ff'~'~ all costs of collection. 6. By signing this Proposal, Owner authorizes Contractor and Contractor's authorized agents and employees to enter the premises and perform the Work described herein and hereby specifically acknowledges his or her acceptance of all the terms and conditions set forth herein. In the event the Owner is not an individual, the individual who signs on behalf0fthe owner agrees to guarantee performance by such entity, end to be personally bound by the terms and conditions set forth herein. 7. ~llais proposal once signed by conlxactor and owner shall be binding on them and their successors and assigns. This contract contains the entire agreement of Contractor and Owner, supercedes all prior agreements whether written or oral, and may not be modified eXcept in writing, signed by the party against whom enforcement is sought. (2) Weldon Companies L.L.C. New England Roofing Basalt, CO Any work that deviates from that listed in the scope of work and is subject to a change order, will be charged out at $65~00 per man-hour, material will be charged out at the cost of said material with the addition of a markup of 15% of the cost of said material. EXHIBIT "B" SCOPE OF WORK 1. Wheeler Opera House descriptiOn of the Scope of Work 2. Reference to MKK Engineers Inc. General Notes for all MeChanical Drawings M-6 DESCRIPTION OF THE SCOPE OF WORK The City of Aspen is requesting bids for roof membrane replacement and repair with necessary sub-membrane structural and dec. king improvements in cooperation with modifications and improvements to the Wheeler Opera House roof top HVAC systems. Sealed bids from qualified roofing contractors will be received by the Wheeler Opera House, Aspen, Colorado at the Wheeler Opera House, 320 E. Hyman Ave, Aspen, Colorado up to 3 PM, April 20, 2001 at which time the bids will be received for the following City of Aspen project: Roofing Replacements, Repairs and Modifications to the Wheeler Opera House. In addition to price the price, the interim set forth in the instruction to offerers and any specific criteria listed below, may be considered in judging whether the bid is in the best interests of the City of Aspen and the Wheeler Opera House. More complete specifications for some items listed below will be found under the contractors general terms and conditions under the City of Aspen agreement and general conditions for Contract For Construction. A site visit must be completed prior to submittal of bid. Arrangements may be made by contacting David samuelson, Technical Director of the Wheeler Opera House, at 920- 5782. Identify all key staff members, p~rs0nnel, consultants, construction companies, sub- contractors that you propose to assign to this project, as well as their experience and qualifications. Include accurate and current construction and equipment cost estimates and project scheduling and time line scenarios. Costs must be separated into Construction bid items or tasks. Project must be completed in the specified time frame and in cooperation with improvements being made to the roof top HVAC systems. System must be operational with all necessary roofing repairs made by July, 2001. Define applicable multi-year warranties on any materials, equipment and installation work related to this project. Include in proposal a time schedule estimate for any disruption to the building, parking lot, occupants and businesses. Include all materials specifications, informational data and cross-sectional drawings showing construction details. Proposals shall provide for ail costs for labor and materials for all new installations or modifications and repairs made to existing components or systems. The Contractor shall determine the associated costs in both labor and materials to replace, repair or modify sections of the roof of the Wheeler Opera House in cooperation with modifications being made to the roof top HVAC systems and components. New components for the HVAC system will be added to the roof area, while other components will be removed and/or modified. Roofing Contractor will remove and dispose of the existing layers of roofing and decking where deemed necessary by area designation Roofing Contractor will provide and install one/half inch cdx plywood over the existing roof decking where deemed necessary by area designation. Roofing Contractor will provide and install a GAF TPO 45 mil minimum membrane roofing system (or equivalent), fully fastened and adhered to area(s) requiring new roofing. Roofing Contractor will extend roofing membrane a distance of twelve inches up and under metal clad slopes or with adequate overlay, up parapet walls and HVAC component bases. Roofing Contractor will make roofing system monolithic to existing metal roofing and parapet co~mections. Roofing Contractor will provide and install necessary metal flashing and color clad flashing where applicable to complete roofing system. Roofing Contractor will put back in place any snow-melt systems components displaced during installation of roofing. Access for the removal and replacement of roofing materials will be on the west side of the Wheeler Opera House in the parking lot area. The west side backstage stairwell will provide foot access through the building to the mofp0rt opening. Proposals will be broken out into three distinct areas of the roof as defined on the attached drawing diagram of the roof area 0fthe Wheeler O~era Housei Area 4/1 - Proposal 'A' estimate shall be based on complete removal of existing roof membrane and any defective sub-membrane material to be replaced with complete new membrane and necessary decking, including new decking overlay, curbing and flashing, to be implemented and accomplished in cooperation with modifications being made to the HVAC roof top systems components by system mechanical engineers and contractors. Area #2 - Proposal 'A' estimate for this area will be based on complete removal of existing roof membrane and any sub-membrane material to be replaced with complete new membrane and necessary decking, including new decking overlay, curbing and Proposal ~B' estimate for this area will be based on repair and/or partial or complete membrane replacement and any necessary sub-membrane stmcturai decking work as deemed appropriate by the roofing contractor, in his best judgement and based upon personal and professional experience. Area # 3 - Proposal 'A' estimate for this area will be based on complete removal of existing roof membrane and any sub-membrane material to be replaced with complete new membrane and necessary decking, including new decking overlay, curbing and flashing, in cooperation with modifications being made to HVAC roof top systems. Proposal 'B' estimate for this area will be based on repair and/or partial or complete membrane replacement and any necessary sub-membrane structural decking work as deemed appropriate by the roofing contractor, in his best judgement and based upon personal and professional experience. As long as totally waterproo£repair is undertaken afterwards, a test core sampling to determine existing roof composition may be undertaken as arranged between roofing contractor and David Samuelson, Technical Director of the Wheeler Opera House. CONTRACTORS GENERAL TERMS AND CONDITIONS The Contractors General Terms and Conditions are attached and are included as a binding part of this contract. 1. Representatives and Notices Contractor wilI have a Project Administrator in charge of performance o£the work. The Project Administrator will maintain close contact with the Wheeler Opera House Project Coordinator. Ali instructions, requests for changes and formal notices to Contractor Engineer shall be directed by the Wheeler Opera House Project Coordinator, in writing, to the Project Administrator. The Wheeler Opera House Project Coordinator is designated as the general representative to whom all of the Contractor requests for instructions, changes and formal notices will be directed and from whom Contractor shall receive all instructions, requests for changes and formal notices made on behalf of the Wheeler Opera House in cooperation with HVAC ProjeCt Coordinator. The wheeler Opera House Project Coordinator will have authority to act for the Wheeler Opera House in all matters concerning the Project. All notices, instructions, change orders and other formal communications shall be made in writing and shall be deemed effective as of the date and time of receipt. The provisions of this general paragraph do not preclude the transmission of routine correspondence, drawings, messages and information, pursuant to the Project. 2. Client Furnished Data The Wheeler Opera House will provide available physical site data and other pertinent information regarding the building as needed to help facilitate proposals and subsequent work on the Project. The work is subject to design and construction laws, codes and regulations adopted by various governmental agencies. The Contractor's services shall coincide with these criteria. 3. Plans, Specifications and Drawings Contractor will submit plans, specifications and dra~vings to the Wheeler Opera House applicable ro project, for approval and will make any modifications therein requested by the Wheeler Opera House unless such modifications jeopardize Contractor's ability to fulfiI1 its responsibilities pursuant to this Agreement. Client's approval shall be indicated by a s~gnature of the Wheeler Opera House designated representative following the word "approved" and the date of the approval, all of which shall be conspicuously displayed on each plan, specification or drawing approved. All Client approvals shall be provided within thirty days after the receipt of plans, specifications or drawings or approval shall be deemed effective upon expiration of said period. The Work shall be performed in conformance with the plans, specifications and drawings as approved. 4. Changes Occasionally the Client may desire changes or modifications to the Work after completion of the approved design development drawings. Upon notification thereof, Contractor shall perform such changes and be compensated for such changes on an hourly basis in accordance with Contractor's standard hourly rate schedule or other method as agreed upon at the t/me change is requested. 5. Scheduling and Progress Reports Contractor shall, if requested by the Client, prepare and submit to Client an estimated schedule of engineermg necessary to complete the Work by the expected completion date. On or before the fifth day of each calendar month while the Work is in progress, Contractor shall prepare and submit to Client a progress report, if requested by the Client, containing an estimate of the total costs to complete the Work and the costs to date, giving effect to any approved changes made during the preceding month and a c6mparison of such costs with current estimate controlling completion of the Work.. Regular weekly meetings shall be scheduled to give consent to various engineering and financial considerations in order to proceed on schedule with the Work. 6. Responsibility The Contractor will provide in connection with the Work contemplated hereunder the standards of care, skill and diligence normally provided by a professional contractor in the performance of the same or similar services. In the event the Contractor fails to provide such standards of care, skill and diligence, he Will correct any such deficient services. In no event shall the Contractor Engineer have any liability for other damages including those arising from loss 0finterest, earnings, profit, use o£business, interruptions, or other special, indirect ur consequential damages, howsoever caused and whether due to breach of contract or tort including negligence or otherwise. The Contractor shall be responsible for the methods, acts or omissions of contractors and subcontractors and for construction memos and safety precautions in connection with the Work. The Contractor, to the best of his professional ability, shall prepare ail specifications in compliance with the Occupational Safety and Health Act (OSHA) standards. However, since OSHA standards are subject to immediate personal interpretation of individual OSHA Compliance Officers and The City o£Aspen is not currently under OSHA compliance standards, final interpretation in some instances may be determined by review by appropriate authority at some future date. The Contractor shall not be required to guarantee compliance therewith. 7. Additional Fees Contracting services requested by the Client that are not in the original Scope of Work shall be on an hourly basis in accordance with Contractor's standard hourly rate schedule plus reimbursable expenses or as negotiated to prior to performing the construction services.