HomeMy WebLinkAboutresolution.council.064-01A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A
CONSTRUCTION CONTRACT BETWEEN THE CITY OF ASPEN AND SHAW
CONSTRUCTION LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN.
WHEREAS, there has been submitted to the City Council a Construction Contract
between the City of Aspen, Colorado and Shaw Construction LLC, 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 Construction Contract
between the City of Aspen, Colorado, and Shaw Construction LLC, regarding the Truscott
Sidewalk and Trail CMAQ, a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said Contract on behalf of the City of
Aspen.
Dated: ~ 'f// ,2001.
I, Kathryn Koch, duly appoimed and acting City Clerk do certify that the foregoing is a true
and accurate copy of that re off. ql~on adopted by the City Council of the City of Aspen,
Colorado, at a meeting held ,/]q~ ~ ,2001.
- Kathryn S. Koq~t City~lerk
CONSTRUCTION AGREEMENT
(Cost of Work Plus a Fee with
Negotiated Guaranteed Maximum Price)
THIS AGREEMENT, made and entered 23rd day of May, 2001, by and between
the City of Aspen, Colorado. a home rule municipality, herein after referred to as "the
City" or "Owner" and Shaw Construction LLC, herein after referred to as the
"Contractor."
The Project Title is: Truscott sidewalks and trails (CMAQ)
The Architect is: DHM, Inc being the primary contact
The Owner and Contractor agree as follows:
ARTICLE 1
THE CONTRACT DOCUMENTS
l. 1 The Contract Documents and precedence of documents consist of this Agreement,
General Conditions of the Contract (General Supplementary and other Conditions)~
Schedule A, Schedule B. Drawings, Specifications, Addenda issued prior to execution of
this Agreement; these Documents which are initialed by the City and Contactor form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or
repeated herein, The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations or agreements, either
written or oral. An enumeration of the Contract Documents, other than Modifications,
appears in Article 16. If anything in the other Contract Documents is inconsistent with
this Agreement, this Agreement shall govern.
ARTICLE 2
THE WORK OF THIS CONTRACT
2.1 The Contractor shall fully execute the Work described in the Contract Documems,
excep~ to the extem specifically indicated in the Contract Documents to be the
responsibility of others. See Exhibit A, Scope of Work.
ARTICLE 3
RELATIONSHIP OF THE PARTIES
3.1 The Contractor accepts the relationship of trust and confidence established by this
Agreement and covenants with the Owner to cooperate with the Architect and exercise
the Contractor's skill and judgment in furthering the interests of the Owner; to furnish
efficient business administration and supervision; to furnish at all times an adequme
supply of workers and materials; and to perform the Work m an expeditious and
economical manner consistent with the Owner's interests. The Owner agrees to furnish
and approve, in a timely manner, information required by the Contractor and to make
CC7-001.doc Page: 1
payments to the Contractor in accordance with the requirements of the Contract
Documents.
ARTICLE 4
DATE OF COMMENCEMENT AND SUBSTANIAL COMPLETION
4.1 The date of commencement of the Work shall be June 1,2001, and subject to the
issuance of all applicable permits, unless a different date is stated in a Notice to Proceed
issued by the Owner.
4.2 The Contract Time shall be measured from the date of commencement.
4.3 The Contractor shall achieve Substantial Completion of the entire Work as
follows:
The scope of work as set forth in attachment A and shall be completed in a workman like
manner in conjunction with the work on Tmscott Housing Phases I and II and the Golf
Clubhouse. This work will m no way delay completion of any of the aforementioned
work or the project as a whole,
ARTICLE 5
BASIS FOR PAYMENT
5.1 CONTRACT SUM
5.1.1 The Owner shall pay the Contractor the Contracl Sum in current funds for the
Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as
defined in Article 7 plus the Contractor's Fee.
5.1.2 The Contractor's Fee is:
The Work will be performed for a fee of 3.75% on the total development costs which
include labor, materials, subcontracted work, costs of permits, testing, inspections, and
fees for design by Sopris Engineering and, DHM, and pursuant to Article 5, Article 7 and
Article 14. Upon acceptance of final pricing by the Owner the fee will established as a
Lump Sum mount subject to adjustment only by Change Orders. For Changes in the
work, in accordance with Article 10 of the General Conditions, initiated Owner, or
Owner Consultants, which result in increases to the Guaranteed Maximum Price, the
Contractor's Lump Sum Fixed Fee shall be at the rate of 3.75%. Upon final completion
of the Work, if the actual sum of the Cost of the Work (including the Cost of the Work
and the Contractor's Fee) is less than the Guaranteed Maximum Price (not including any
amounts for allowances which shall be paid as actuals), the difference ("Savings") shall
be allocated as follows:
· 30% of the difference shall be paid to Contractor
· The remainder of the difference shall be a reduction to the Guaranteed Maximum
Price
5.2 GUARANTEED MAXIMUM PRICE
CC7-001.doc Page: 2
5.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the
Contractor not to exceed Two hundred and fifty seven thousand, four hundred and fifty
nine dollars ($257,459.00) subject to Schedule A, and subject to additions and deductions
by Change Order as provided in the Contract Documents. Such maximum sum is
referred to in the Contract Documents as the Guaranteed Maximum Price (GMP). Costs
which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the
contractor without reimbursement by the Owner.
5.2.2 Unit prices, if any, are as follows: See Schedule A, Scope of Work
5.2.3 Allowances, if any, are as follows: See Schedule A, Scope of Work
5.2.4 Assumptions, if any, on which the Guaranteed Maximum Price is based, are as
follows: See Schedule A, Scope of Work.
5.2.5 To the extent that the Drawings and Specifications are anticipated to require
further developmem by the Architect, the Contractor has provided in the
Guaranteed Maximum Price for such further development consistent with the
Contract Documents and reasonably inferable therefrom. Such further
development does not include such things as changes in scope, systems, kinds and
quality of materials, finishes or equipment, all of which, if required, shall be
incorporated by Change Order.
ARTICLE 6
CHANGES IN THE WORK
6.1 Adjustmems to the Guaranteed Maximum Price on account of changes in the
Work may be determined by any of the methods listed in Article 11 of the General
Conditions.
ARTICLE 7
COSTS TO BE REIMBURSED
7.1 COST OF THE WORK
The term Cost of the Work shall mean costs necessarily incurred by the contractor in the
proper performance of the work. Such costs shall be at rates not higher than the standard
paid at the place of the Project except with prior consent of the Owner. The Cost of the
Work shall include the items set forth at Article 11.4 of the General Conditions and as set
forth below.
7.2 The rate for performance and payment bond from Contractor shall be a
reimbursable cost of the Work ar the rate of 1.06% of the GMP.
7.3 Contractor's expenses for Warranty Liability Reserve are reimbursable cost of the
Work at a rate of 0.41% of the GMP.
cc7-001.doc Page: 3
7.4 Contractor's expenses for Umbrella and General Liability Insurance coverage
applicable to this project are reimbursable costs of the Work at a rate of thirty-s~x
hundredths of a percent (0.36%) of the GMP.
7.5 Costs for drug testing and screening of workers directly employed by the
Contractor per Contractor's Drug Screening Program and if required, workers directly
employed by subcontractors.
7.5 Cost of Safety Awards and Jobsite Incentive Programs paid to Contractor's field
supervisors and subcontractors on the Project.
7.6 Labor and Equipment Rates and Items established in Schedule B
ARTICLE 8
COSTS NOT TO BE REIMBURSED
8.1 The Cost of the Work shall not include items not set forth at Sections 11.4 of the
General Conditions.
8.2 Items not established in Schedule B or enumerated above in Article 7.
ARTICLE 9
DISCOUNTS, REBATES AND REFUNDS
9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the
Owner if (1) before making the payment, the Contractor included them in an Application
for Payment and received payment therefore from the Owner, or (2) the Owner has
deposited funds with the Contractor with which to make payments; otherwise, cash
discounts shall accrue to the contractor. Trade discounts, rebates, refunds and amounts
received from sales of surplus materials and equipment shall accrue to the Owner, and the
Contractor shall make provisions so that they can be secured.
9,2 Amounts that accrue to the Owner in accordance with the provisions of Paragraph
9. I shall be credited to the Owner as a deduction form the Cost of the Work.
ARTICLE 10
SUBCONTRACTS AND OTHER AGREEMENTS
I 0.1 Those portions of the Work that the Contractor does not customarily perform with
the Contractor's own personnel shall be performed under subcontracts or by other
appropriate agreements with the Contractor. Section 6.9 and 6.10 of the General
Conditions sets forth the terms and conditions relating ro the use of subcontractors.
CC7-001.doc Page: 4
ARTICLE 11
ACCOUNTING RECORDS
11.1 The Contractor shall keep full and detailed accounts and exercise such controls as
may be necessary for proper financial management under this Contract, and the
accounting and control systems shall be satisfactory to the Owner. The Owner and the
Owner's accountants shall be afforded access to, and shall be permitted to audit and copy,
the Contractor's records, books, correspondence, instructions, drawings, receipts,
subcontracts, purchase orders, vouchers, memoranda and other data relating to this
Contract, and the Contractor shall preserve these for a period of three years after final
payment, or for such longer period as may be required by law. All information shall
remain in Contractor's office.
11.2 Owner is encouraged to review Contractor's records, books, correspondence,
instructions, drawings, receipts, subcontracts~ purchase orders, vouchers, memoranda and
other data relating to this project on a quarterly basis.
ARTICLE 12
PAYMENTS
12.1 Progress Payments shall be made in accordance with Article 14 of the General
Conditions.
ARTICLE 13
FINAL PAYMENT
13.1 The Owner shall make final payments to the Contractor in accordance with
Article 14 of the General Conditions.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.1 Where reference is made in this Agreement to a provision of the General
Conditions or another Contract Document, the reference refers to that provision as
amended or supplemented by other provisions of the Contract Documents.
14.2 Payments due and unpaid under the Contract shall bear interest from the date
payment is due (30 days after ~eceipt of request, excluding disputed items'~ at a rate of 1%
per month.
14.3 Contractor contingency is to cover unknown factors that may adversely affect
costs such as bidding of subcontracts and major material supply items, estimating
assumptions and ambiguities, construction scheduling problems, (manufacturer's delays,
strikes, disruptions, work area conflicts), weather, labor and equipment availability and
productivity. In general, Contractor contingency is to be used for cost overruns not
generated or initiated by the Owner or its agents.
CC7-001.doc Page: 5
14.4 If either Owner or Contractor is required to commence an action of proceeding
against the other in order m enforce the provisions of this Agreement, the prevailing party
herein shall be entitled to recover all reasonable costs and expenses incurred in
connection therewith, including reasonable attorney's fees.
14.5 Notwithstanding other provisions of this Agreement, claims or disputes will not be
arbitrated.
14.6 The Owner's representative is:
Name: Ed Sadler, Asset Manager
Address: 130 S. Galena
Aspen, CO 81611
14.7 The Contractor's representative is:
Name: Clark Atkinson
Address: 760 Horizon Drive, Grand Junction, Colorado 81506
14.8 Neither the Owner's nor the Contractor's representative shall be changed without
ten days' written notice to the other party.
ARTICLE 15
TERMINATION OR SUSPENSION
15.1 The Contract may be terminated by the Owner for cause as provided in Article 15
of the General Conditions~ however, the amount, if any, m be paid to the Contractor
under this Agreement shall not cause the Guaranteed Maximum Price to be exceeded.
ARTICLE 16
ENUMERATION OF CONTRACT DOCUMENTS
16.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
16.2 The Agreement is this executed Construction Agreemem
16.3 The General Conditions are the City of Aspen General Conditions for
Constrnction Contracts.
16.4 Schedule A, Scope of Work and Schedule B CM Rates
16.5 The Supplementary and other Conditions of the Contract are those contained in
the Project Manual dated , and are as follows:
See Schedule A
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16.6 The Specifications are those contained in the Project Manual dated as an
Subparagraph 16.4 and are as follows: See Schedule A
16.7 The Drawings are as follows: See Schedule A
16.8 The Addenda, if any, are as follows:
See Schedule A
Portions of Addenda relating to bidding requirements are not part of the Contract
Documents unless the bidding requirements are also enumerated in this Article 16.
This Agreement is entered into as of the day and year first written above and is executed
in at least three original copies, of which one is to be delivered to the Contractor, one to
the Architect for use in the administration of the Contract, and the remainder to the
Owner.
Owner (Signature) Contractor (Signature) - ' - -
/Printed name and titled /Printed name and titlel
cc7-001.doc Page: 7
SHAW
SCHEDULE A
May 8, 2001
Ed Sadler
Asset Manager
City of Aspen
130 South Galena Street
Aspen, CO 81611-1975
Dear Ed:
We have produced the Truscott Site - CMAQ Flatwork Package GMP estimate based on
the Interior Walks and Paths Package from DHM Design m2d appropriate consultants
dated 3/20/01, sheets 1-12 and Truscott Walk & Trail Package Project Manual including
General Conditions, Section 1600, and Section 1700 dated 3/6/01 & Ge, otechnical
Investigation by CTL Thompson dated 3/8/00.
This letter will confirm our pricm_g and explain any assumptions for this portion of the Truscott
Project,
SCHEDULE
® This portion of the project will occur in tandem with the Truscott Site & Utilities
Work with Substantial Completion of the Site Interior Walks and Paths Work
completing in the fall of 2001. (Some areas are dependent on the Housing and
Clubhouse projects and will have a phased completion coinciding with these projects
in both the Spring of 2002 and the Fall of 2002, weather permitting.)
DESIGN DOCUMENTS
1. Workscope letter, SCHEDULE A_.,
2. Interior Walks & Paths Package Bid Set docmnents fi'om DHM as follows: 1 to 12
and Project Specifications dated March 20, 2001 and M~ch 6, 2001, respectively.
Our price is in accordance with the documents, listed above, except as noted or clarified
below. Where an allowance is noted, it includes both labor and materials.
The following items are itzcluded:
~ Sm'veying/Layout
760 Horizon Drive · Grand Junction, CO 81506
Fax 970~241-5618 · www.shawconst.com
Phone 970-242-9236
1
Subgrade Prep and Aggregate Base Course/Base Prep for Asphalt and Concrete
Paving.
Subgrade Prep and Aggregate Base Course for Gravel Drive Restoration at East End
of Housing Loop (163 sy).
Hot Bituminous (Asphalt) paving, including:
1. Walks and Paths.
2. 4" (Total Thickness) Asphak paving of Truscott Interior Walks and Paths (436
tons)
Concrete paving, as follows:
1. 4" thick Concrete Sidewalks (4049 sy).
2. 6" thick Ramps and Landings (66 sy).
3. Slab on Grade Stairs (84 sy)
Concrete flatwork saw-cut joints and sealant as indicated.
ASSUMPTIONS
1. The Walks and Paths Work will be completed in the "Truscott Site" Phase;
Maintenance by Owner and Warranty will commence after the Substantial
Completion of this phase ~fWork. (Some areas are dependent on the Housing
and Clubhouse projects and will have a phased completion coinciding with these
projects ~n both the Spring of 2002 and the Fall of 2002, weather permitting.)
2. One Year Warranty is included.
The Following Items are specificall~ excluded
I Building Permits, Plan Review Fees, State or Federal Permits, Tap fees, or project
exactions, development fees, fees owed to Aspen Sanitation District, Electric,
Natural Gas, CATV or Phone companies.
2. Temporary Electrical work described in Holy Cross Electric letter to Lee Novak
dated 1/30/01.
3. Surveytng of site to establish legal limits and benchmark.
4. Consultant Construction Administration.
5. Sales Tax.
6. Any work not specifically described as included above.
The cost for the work as noted above is $257,459.00.
As always, please contact me if you have any questions.
Sincerely,
SHAW CONSTRUCTION
3
Project name Tmsscott CMAQ Flatwork
Aspen
CO
Client CITY OF ASPEN
Architect DHM Design
970.963-6520
Estimator KO
Bid date 2/15/01
Audit Dimensional
Report format Sorted by'Group phase/Phase'
'Detail' summary
Shaw C~offsb'uction LL C Standard Estimate Report Page 2
Trusscott CMAQ Flatwork 5/7/0f 12:58 PM
Item DescripBon Takeoff Qty Amount Amount Amount Name Amount
2000 SITEWORK
2200 Earthwork
--- Subgrade Prep Asphalt 2,015.000 sy 5,038 5.038
--- Subgrade prep Gravel/Concrete 4,520.000 sy 12,050 12.050
Paths
--- Survey/Layout 1.000 Isum 10,000 10,000
Earthwork 27.088 27,088
2210 Grading
2211 Machine Finish Grading
2212 Hand Finish Grading
2250 Gravel
2252 Class6 forWalks&Paths 1,352.000 ton 27.040 27,040
Gravel 27.040 27,040
26t0 Asphalt Paving
2610 Aspha[t Paving Walks & Paths t.930.000 sy 55,468 55,486
Asphalt Paving 55,488 55,488
2620 Concrete Paving
2620 ConcretePavin94"-Wallks& 4,049.000 sy 114.706 114,708
Paths
2620 Concrete Paving 6" 66.000 sy 2,970 2.970
-Rames/Landings
2620 Concrete Stairs on Grade 84.000 sy 12,684 12,684
Concrete Paving 130,362 130,362
SITEWORK 0 0 239,977 239,977
7000 THERMAL-MOIST PR
7900 Sealants
7910 Preformed Expanslon Joints 1.000 ~s
THERMAL-MOIST PR 0 0 0 0
18000 ALLOWANCES
19300 InsuraneelPermitslMisc
1 Building Permit (By Owner)
2 Plan Review Fee (By Owner)
3 Tap Fee (By Owner)
ALLOWANCES 0 0 0 0
S~aw C~r~struction LL C Standard Estimate Report Page 3
Trusscott CMAQ I=latwork 5/7/01 12:58 PM
Estimate Totals
Labor 0,000 hrs
Material 0
Subcontract 239,977
239,977 239,977
Warranty Reserve 984 0.410 % T
General Liability insurance 867 0.360 %
1,851 241,828
CM/GC Fee 9,069 3.750 %
9,069 250,897
Subcontactor's Bond 3.862 1.500 % T
Performance & Pmt Bond 2.700 1.060 % T
Total 257,459
SCHEDULE B
CM RATES
Principal $147.00/hr
Manager of Construction Services $120.75/hr
Construction Project Manager $105.00/hr
Assistant Project Manager $78.75/hr
General Superintendent $105.00/hr '
Project Supe~'intendent $94.50/hr'
Assistant SuperLutendent $68.25/hr
Project Accountant $57.75/hr
Project Clerk $42.00/~r
Safety Director $84gnr
Labor $29.05Fnr
Travel RT G3[- Aspen ~ $16g/Trip
Overtime Rates 1.5 × base rate
Personn~l Vehicle $661.5/mo/Suptd, Proj Mgr
Field Computer Hardware/Sol, am $278/mo/station
Field Radio $150/mo/unit
Fax $11 O/mo
Copier $160/mo
Forklffi $3,350/mo
Frost Blankets $30/moJblankct
NOTES:
o,**All rates are subject to a 5% increase per annum, e~ective January 1 of each year
· :-Overtime Rates do not apply to Principal or Manager of Construction Services
°7° All equipment rotes excludes maintenance costs
Ma> 21. 2001
Re: I"ruscou Site & Utilities - CMAQ Flatwork Package
Schedule A Revisions & Clarifications
Ben Ludlow
CJly o F Aspen
130 South Galena Street
Aspen. CO 81611-1975
. Fax: 970-920-5128~
Thc Following clarification should be incorporated in to the Schedule A Letter we reviewed last
Friday {CMAQ Flatwork Package Schedule A dated May 8, 2001).
?,~e 2: Assumptions
Paragraph 1 should read:
"The Walks and Paths Work wilt be con: pleted in Phases, as noted above in the Schedule
descrilmon: Maintenance hy Owner and Warranty will commence upon Substantial Completion
of each phase el'Work. (Some areas are dependent on the Housing and Clubhouse projects and
will have a phased complenon coinciding with these projects in both the Spring 0£2002 and the
Fall o f 2002_ weather pem~itling.)"
Additional[y, any damage caused by Shaw Construction or our Subcontractors to this "new"
construclion or to ilcms existing prior to the execution of our Work is not a Maintenance
rt:qui,'cmcm of thc Owner and '.viii bc rcpaired by Shaw Construction.
J' you have any qltestlorl$ or coml~3elll:s, please call.
Thanl: 5 ea.
SHAW Cons£ruction L.I.C.
Kcith B. extra'eider. P E.
Ed Sadler. City o£Aspen (970-920-51191
Dan LeRoy, Shaw Constructi. on
Clark Atkinson. Shaw Construction
750 Horizo~ D~ive - Oran8 Juncnor C0 81506
Fox970-2M-5618 · vwwdmwr0nsT.com