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Home My WebLink Aboutresolution.council.065-01 RESOLUTION NO. (cfS (SERIES OF 2001) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING CONSTRUCTION AGREEMENTS BETWEEN THE CITY OF ASPEN AND SHAW CONSTRUCTION LLC, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENTS ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council Construction Agreements 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 Agreements between the City of Aspen, Colorado, and Shaw Construction LLC, regarding the Truscott Contracts, Phase 1 & n, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said Agreements on behalf of the City of Aspen. Dated: ~ II . , 2001. I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resr-d bY)/e City Council of the City of Aspen, Colorado, at a meeting held. ' 2001. ~~~ Kathryn S. K ,C' Clerk -. 0" CONSTRUCTION AGREEMENT (Cost of Work Plus a Fee with Negotiated Guaranteed Maximum Price) THIS AGREEMENT, made and entered 11 th day ofJune, 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 Housing Phase II/Renovations on 100 and 200 Bldgs The Architect is: Ted Guy and Assoc. and DHM, Inc being the primary contact The Owner and Contractor agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 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 TillS CONTRACT ~ 2.1 The Contractor shall fully execute the Work described in the Contract Documents, except to the extent 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 adequate supply of workers and materials; and to perform the Work in 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 September 4, 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: 13 Months from start date. ARTICLE 5 BASIS FOR PAYMENT 5.1 CONTRACT SUM 5.1.1 The Owner shall pay th~ Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as defmed 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, rna~~&. sUP5\!p.tracte. d wor. k., costs of permits, testing, inspecti.ons, and q.,.A. fees for design by ~&t .\f~Gts and, [)HM, and pursuant to Article 5, Article 7 and t' f Article 14. Upon acceptance of final pricing by the Owner the fee will established as a (fi Lump Sum amount 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 resnlt 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 CC7-00 l.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 Five million three hundred and fouteen thousand one hundred and sixty nine dollars ($5,314,169.00) 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 GuaranteedMaximurn Price to be exceeded shall be paid by the contractor without reimbursement by the Owner. 5.2.2 Unit prices, if any, areas follows: See Schedule A, Scope of Work 5.2.3 Allowances, ifany, 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 development 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 9rder. ARTICLE 6 CHANGES IN THE WORK 6.1 Adjustments 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 at the rate of 1.06% 6fthe 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-six 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 lobsite Incentive Programs paid to Contractor's field supervisors and subcontractors on the Proj ect. 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 ~ 9.1 s,hall be credited to the Owner as a deduction form the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS 10.1 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 to 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 ~eference 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 receipt 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 to 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 lunction, 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, to 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 Doc~ents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 16.2 The Agreement is this executed Construction Agreement 16.3 The General Conditions are the City of Aspen General Conditions for Construction 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 CC7-001.doc Page: 6 .' 16.6 The Specifications are those contained in the Project Manual dated as in Subparagraph 16.4 and are as follows: See Schedule A 16.7 The Drawings are as follows: See Schedule A 16.8 The Addenda, ifany, 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. M t( 4.~.._/ o er (Signature) contrQ-~~ ~ ~ S-f.;..4. I./. ll.,....;ek c;f, "7-~ J , (Printed name and title) 1"t.AfU< .A-nc,/..<.dM'. ...., 4~ ~ 5CA:~ (Printed name and title) ~ >.::.."".~...-_.~ . CC7-00Ldoc Page:? ! .c,'-t,o. Slt~ BIIAW CONSTRUCTION lune 4, 2001 Mr. Ed Sadler City of Aspen 130 S Galena Street Aspen, CO 81611-1975 Re: Truscott Housing, Phases I and II Mr. Sadler, Thank you for allowing SHAW Construction the opportunity to present our revised GMP Proposal for the Truscott Housing I'roject. We have based our proposal for Phases I and II on Sets. 1 - 6 of the Drawings and Specifications prepared by Theodore K. Guy Assoclates, Pc. dated April 2, 2001, Addendum I dated April 24, 2001 and Addendum 2 dated April 30, 2001. The renovation work atthe existing housing units is included as an allowance at this time due to the incomplete nature of the drawings and specifications that will govern this work. SCHEDULE We have assumed Phase I construction will begin in mid to late lune 2001 with Phase II construction starting as soon as the construction of the new Golf Cart Barn will allow. Both Phases ofD.ew construction as well as the renovation work to the existing buildings will be constructed concurrently. The total project will take approximately 16 months to complete. -.;:'~~,.,~ THE BASIS OF PRICING The price is based on the plans and specifications and our reasonable interpretations thereof. Per our discussions on Monday, lune 4, we have incorporated the following ~ Alternates into our. GMP: Alternate 2 - Shed Roofs at indicated grade level entrances. Add $26,769 Alternate 3 - Porch Roofs .at indicated exterior landings and stairs. Add $53,614 Alternate 15000.6 - Utilize "Wirsbo" insulated piping at the underground heat main piping. Phase I construction only. Deduct $31,994 Alternate 15000.9 - Add heating elements above the ceilings at .the "tuck under" garages. Phase! construction only,Add $8,500 Allowance 3 - We have revised this allowance to incorporate additional hardware required at the unit entrances and at the HM Door locations. We have increased the Entrance hardware to $100 per.opening and the HM Door hardware to $350 per opening. The net change is a $5,900 add for Phase I and a $7,150 add for Phase II. . . ....-.-...----- ., ;:~', ...;.,:,~.:,:;i~:;:;:.~,'.".~., . ". ,:jl~, ,-' . S:',::';.;:::; '("S~~:;::':'i~;: :.,;-:i':: ;. :;~;.'~;~~~~ :'(:::;;&:;';';:/:)/";;&'\'~: ~;~;;;:'i'.:,ii::. j, " ,.~::~'" ",' . 819S-W(;-OL6:Xl?j r,:Jjuo!+:JnJi-s[j9J mEYS ----'-.---"- CO'd 00:8 10, 9 unr .,....,....:..,, . We are also investigating revised pricing for the Solar Panel Alternate #1, PVC piping at underground waste lines and vent piping, Eleotrioal one-line revisions and options for water de-ionization. We expect to have this information ready for you review with-in the next two weeks. ALLOWANCES Allowance No. 1 ~ We have not incorporated purchase of the carpet and pad as an allowance but have included the material as specified in Section 09680. Allowance No.2 - We have included the Toilet and Bath Accessories material as an allowanceof$60 per unit in accordance with Section 01210. Allowance No.3 - We have included the Finish Hardware material as an allowance of $50 per opening for the interior passage. doors, $100 per opening for the unit entrance . doors and $350 for the Hollow Metal doors located primarily in the basement levels of the buildings. These allowances are in accordance with our discussions on June 4, 2001. We have included the following additional allowances: Signage - We have included $7,150 for interior and exterior signage. Deaf / Blind Units - We have included $7,500 for handicap .modifications. Contractor Contingency - We have included $232,588 for contractor contingency. ALTERNATES Alternate No.l- Solar Domestic Hot Water at Phase I only -Add $119,370. Acceptance oftbis Alternate is pending verification offmal pricing and scope. Alternate No.2 - 4' x 4' Shed Roof at indicated entry level doors - Add $26,769. This amount has been incorporated into the GMP. Alternate No.3 - 9' x 9'6" Corrugated metal roof at indicated exterior landings and stairs - Add $53,614. This amount has been incorporated into the GMP. Alternate No.4 - Metal Frame windows at indicated locations adjacent to exterior stairs _ Add $21,092. These are assumed to be hollow metal frames (non thermally broken) ',Vith wire glass on the outboard lite and tempered on the inboard lite. REJECTED Alrernate No.5 - Ballasted 60mil EPDM roof system in lieu of the specified Built-up. Roof system ~ Add $70,345 REJECTED CLARIFICATIONS ~ .1. All interior walls (including the mechanical rooms in the garages) are .constructed with metal studs. 2. Unit party walls are constructed with wood studs. 3. Soffit Board will be nominal '/.." thick rather than %" as shown on liA5.2. 4. Hardiboard siding will be a nominal 7/16" thick rather than %". 5. Exterior columns and stairs are galvanized. Painting is not included at these locations. 6. We have included a suspendedGWB ceiling in the garages with a Level 3 finish. 7. We have included spray frreproofmg ofprlmary members only. 8. ContractOr contingency is to cover unkIlown factors that may adversely affect costs such as bidding subcontracts and majm: material supply items, estimating assumptions and ambiguities, construction scheduling problems (manufacturer's delays, strikes, Truscott Housing 2 6/6/01 m'd 00:8 , " 'r" , " ";,~..;..,,'.\,:;~.:Ji.~:,~;,(~;,;,;:<; .::.:'; 'i~S lO. 9 un[ ".,.'.', """,.' .\..,,', c."". ~.,',''';., 819S-1VG-OL6:XE~ [9/UOl pnJ}suoJrngLi$ . .. , 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. Thefollomnfl items are sDecificallv excluded 1. Tap fees, development fees, fees owed to Holy Cross, Kinder-Morgan Energy, CATV or telephone companies and City of Aspe.n Water Department. 2. Cost of Plan Review or Building Permits. 3. Sales or Use Tax. 4. Furnishings 5. Telephone systems. 6. Data communication system, cables or cable-trays. 7. Architects and Engineer's fees. 8_ Responsibility for co<ie compliance of design. 9; Actual, consequential or liquidated damages. 10. Removal, treatment or replacement of existing contaminated or unsuitable soils or hazardous materials. 11. Wool sound batt per det 21 A5.4 12. Damage to the work caused by settlement of deep fills. 13. Allowance for unforeseen concealed conditions. 14. Rock excavation larger than 1 cy_ 15. Builders Risk Insurance on Shaw's work or on the existing structures. 16. Colored concrete. 17 _ Paint at vinyl windows 18. Fire pump for building sprinkler system. 19. Shop 1 Erection drawings for Cold Formed Metal Framing. 20. Delays caused by untimely receipt of permits. 21. Office trailers. We have assumed we will use the existing golf course clubhouse/restaurant. The GMP for the Truscott Housing is as follows: Phase I - Phase n - Allowance for Renovation of Existing Housing - ~ Total $ 7,956,103 $ 4,789,169 $ 525.000 $13,270,272 We look forward to working with you and other members. of the project team in making this a successful project for the City of Aspen. Sincerely, SHAW Construction L.L.c. Richard L. Keller Cc: Clark Atkinson a~4 "' Truscott Housing . " 6/6/01 .' "'''; {,;:>:'t4":,~;k~;;;~:~'~~~:;/,:,::",;..'~~".,,,. . . ',{ ", :". ,.,'~" ,,::,"". ' . :,;,~':'.' " ^~'" ',,- ".',,,,,.- . ....-----..----'......:.-.-'-.---- 170'd TO:8 10. 9 un[ 8~9S- ~17(:-OL6: xt'j [9/UO! pnJ+suoJ IT112l!S.. . , Ted Guy ~ ,~'^~...... . Truscott Housing SO'd . 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SCHEDULE B CM RATES Principal 5147.001hr Manager of Construction Services 5120.751hr Construction Project Manager 5105.001hr Assistant Project Manager 578.751hr General Superintendent 5105.001hr Project Superintendent 594.501hr Assistant Superintendent 568.251hr Project Accountant 557.751hr Project Clerk 542.001hr Safety Director 5841hr Labor 529.051hr Travel RT GJ - Aspen 5168rrrip Overtime Rates 1.5 x base rate Personnel Vehicle 566 LS/mo/Suptd Proj Mgr Field Computer Hardware/Software 5278/mo/station Field Radio 5150/mo/unit Fax 5l10/mo Copier $160/mo Forklift $3,350/mo Frost Blankets S30/molblanket NOTES: .:. All rates are subject to a 5% increase per annum. effective January I of each year .:. Overtime Rates do not apply to Principal or Manager of Construction Services .:. All equipment rates excludes maintenance costs ~ , , ...' ~~,,_.. CONSTRUCTION AGREEMENT (Cost of Work Plus a Fee with Negotiated Guaranteed Maximum Price) TillS AGREEMENT, made and entered 11th day ofJune, 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 Housing Phase I The Architect is: Ted Guy and Assoc.andDHM, Inc being the primary contact The Owner and Contractor agree as follows: ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 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 l!I"e 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 TillS CONTRACT ~ 2.1 The Contractor shall fully execute the Work described in the Contract Documents,' except to the extent specifically indicated in the Contract Documents to be the responsibility of others. See Exhibit A, Scope of Work. ARTICLE 3 RELATIONSillP OF THEP ARTIES 3 J 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 adequate supply of workers and materials; and to perform the Work in 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 lune25, 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: 13 Months from start date. ARTICLE 5 BASIS FOR PAYMENT 5.1 CONTRACT SUM 5.1.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as defmed 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, mate~, suqc9ptracted work, costs of permits, testing, inspections, and ~ fees for design by 9~Jif!:~ts and, DHM, and pursuant to Article 5, Article 7 and !Yf Article 14. Upon acceptance of fmal pricing by the Owner the fee will established as a Lump Sum amount 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, jfthe 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 bea reduction to the Guaranteed Maximum Price 5.2 GUARANTEED MAXlMUM PRICE CC7-00Ldoc Page: 2 .' 5.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor notto exceed seven million, nine hundred and fifty six thousand, one hundred and three dollars ($7,956,103.00) 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, ifany, 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 development 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, fmishes or equipment, all of which, if required, shall be incorporated by Change 9rder. ARTICLE 6 CHANGES IN THE WORK 6.1 Adjustments 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. ..u...."'. 7.2 The rate for performance and payment bond from Contractor shall be a reimbursable cost of the Work at 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. CC7-00Ldoc 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-six 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 anQ 10bsite Incentive Programs paid to Contractor's field supervisors and subcontractors on the Proj ect. 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 DISCO~S, 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 ~ 9.1 shall be credited to the Owner as a deduction form the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS 10.1 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 to the use of subcontractors. ,,,...."'--. . CC7 -00 l.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 receipt of request, excluding disputed items) at a rate of 1 % per month. .u~.,._._., . 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 to 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 lunction, 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, to 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 Agreement 16.3 The General Conditions are the City of Aspen General Conditions for Construction 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 CC7-001.doc Page: 6 " - ~ .' 16.6 The Specifications are those contained in the Project Manual dated as ill 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. ~ /I~. _/ Owner (Signature) (t:J.~~ Contractor (Signa e . r~_ fI. 11-"':4 c r~ /'1....r- (Printed name and title) ~~ ~/NSON. M(.,.1l. Csw5TIt. sc.cv (Printed name and title) ~ .u....',.,,-~._~ . CC7 -00 l.doc Page: 7 '. SCHEDULE B CM RATES Principal $I-l7.001hr Manager of Construction Services $120.7SIhr Construction Project Manager $lOS.OOIhr Assistant Project Manager $78.7SIhr General Superintendent $IOS.OOIhr Project Superintendent $9-1.S01hr Assistant Superintendent $68.2SIhr Project Accountant $S7.751hr Project Clerk $-I2.001hr Safety Director $8-11hr Labor $29.051hr Travel RT GJ - Aspen $168rrrip Overtime Rates 1.5 x base rate Personnel Vehicle $661.5/mo/Suptd, Proj Mgr Field Computer Hardware/Software $278/mo/station Field Radio $lSO/mo/unit Fax $llO/mo Copier Sl60/mo Forklift S3,350/mo Frost Blankets $30/molblanket NOTES: .:. All rates are subject to a 5% increase per annum. effective January I of C:lch year .:. Overtime Rates do not apply to Principal or Manager of Construction Ser\ices .:. All equipment rates excludes maintenance costs ~ ~'-tOSlr...: " .' SHAW' CONSTRUCTION lune 4, 2001 Mr. Ed Sadler City of Aspen . 130 S Galena Street Aspen, CO 81611-1975 Re: Truscott Housing, Phases I and II Mr. Sadler, Thank you for allowing SHAW Construction the opportunity to present our revised GMP Proposal for the Truscott Housing Project. We have based our proposal for Phases I and II on Sets 1 - 6 of the Drawings and Specifications prepared by Theodore K. Guy Associates, PC. dated Apri12,2001, Addendum I dated April 24, 2001 and Addendum 2 dated Apri130, 2001. The renovation work atthe existing housing units is included as an allowance at this time due to the incomplete nature of the drawings and specifications that will govern this work. SCHEDULE We have assumed Phase I construction will begin in mid to late lune 2001 with Phase II construction starting as soon as the construction of the new Golf Cart Barn will allow. Both Phases of new construction as well as the renovation work to the existing buildings will be constructed concurrently. The total project will take approximately 16 monthS. to complete. . THE BASIS OF PRICING The price is based on the plans and specifications and our reasonable inteIpretations thereof. Per our discussions on Monday, lune 4, we have incorporated the following ~ Alternates into our G:M]>: Alternate 2 - Shed Roofs at indicated grade level entrances. Add $26,769 Alternate 3 - Porch Roofs at indicated exteriorlandings and stairs. Add $53,614 Alternate 15000.6 - Utilize "Wirsbo" insulated piping at tbe underground heat main piping. Phase I construction only. Deduct $31,994 Alternate 15000.9 - Add heating elements above the ceilings at the "tuck under" garages. Phase I construction only, Add $8,500 Allowance 3 - We have revised this allowance to incorporate additional hardware ''''.-. . required at the unit entrances and at the HM Door locations. We have increased the Entrance hardware to $100 per opening and the HM Door hardware to $350 per opening. The net change is a $5,900 add for Phase I and a $7,150 add for Phase II. (O'd 00:8 .:,..~,;~:-.;~;:~;,,:,;~):.,'.~:~_:~ :', :;,..jili 1O. 9 un[ , :::';:0- ;:;:; .~ ';, ,::~:::;}i;.~;: 'l':/,'~' :;,:'::;i;\i.:,;; :.~:i4;:'i;l:~;;~;,r~:i.;:i:':ri,':' j, ',~'. :,:':::-" "".' .-< 819S-1vG-OL5:X~j [9/uo!tJnJtSuoJ m~~s '.c ,'c.>,_ . .' Weare also investigating revised pricing for the Solar Panel Alternate #1, PVC piping at underground waste lines and vent piping, Electrical one~line revisions and options for water de-ionization. We expect to have this information ready for you review with-in the next two weeks. v ALLOWANCES Allowance No.1 _ We have not incorporated purchaSe of the carpet and pad as an allowance but have included the material as specified in Section 09680. Allowance No. 2- We have included the Toilet and Bath Accessories.materi~ as an allowance of$60per unit in accordance with Section 01210. Allowance No.3 _ We have included the Finish Hardware material as an allowance of $50 per opening for the interior passage doors, $100 per opening for the unit entrance . doors and $350 for the Hollow Metal doors located primarily in the basement levels of the buildings. These allowances are in accordance <,Vith our discussions on June 4, 2001. We have included the following additional allowances: Siguage _ We have included $7,750 for interior and exterior signage. Deaf / Blind Units - We have included $7,500 for handicap.modifications. Contractor Contingency _ We have included $232,588 for contractor contingency. ALTERNATES AlternateNo.l-Solar Domestic Hot Water at phase 1 only - Add $119,370. Acceptance of this Alternate is pending verification of fmal pricing and scope. Alternate No.2 _ 4' x 4' Shed Roof at indicated entry level doors - A-dd $26,769. This amount has been incorporated into the GW. Alternate No.3 _ 9' x 9'6" Corrugated metal roof at indicated exterior landings and stairs _ Add $53,614. This amount has been incorporated into the GMP. Alternate No.4 _ Metal Frame windows at indicated locations adjacent to exterior stairs _ A-dd $21,092. These are assumed to be hollow metal frames (non thermally broken) with wire glass on the outboard lite and tempered on the inboard lite. REJECTED Alternate No.5 _ Ballasted 60mil EPDM roofsystem.in lieu of the specified Built-uP Roof system - Add $70,345 REJECTED CLARIFICATIONS ~ .1. All interior walls (including the mechanical rooms in the garages) are .constrUcted with metal studs. 2. Unit party walls are constrUcted with wood studs. 3. Soffit Board will be nominal 'I." thick rather than %" as shown on 1/A5.2. 4. Hardiboard siding will be a nominal 7/i6" thick rather than v.". 5. Exterior columns and stairs are galvaniZed. Painting is not included at these locations. 6. We bave included a suspended GWB ceiling in the garages with a Level 3 flnish. 7. We have included spray flreproofmg of primary members only. 8. Contractor contingency is to cover unknown factors that may adversely. affect costs such as bidding subcontracts and major material supply items, estimating assumptions and ambiguities, constrUCtion scheduling problems (manufacturer's delays. strikes, 6/6/01 Truscott Housing 2 <:-n." 00:8 .. 'I ,_ . ,,' '. ;"~,;.../.;,::/:,~~,,,~,>,~;,~:,il,:~ W. 9 un[ ~:~\; ')'. '.' ":~i' .:,.... :; :_,'"';;::".:.:' .I~"; 'J.. ., ;'';',,'' "" ' ," [9/UO! pn.Ji$UPJ. .~.i10s-.---"-- ..,';,.,.~, ":'-" ~...,...,.,,- -" ......----.--.---.- 8l9S-W;::-OL6:X-e.:l ..... .' ~ disruptions, work area conflicts), weather, labor and equipment availability and productivity. In general, Contractor contingency is to be used fOT cost overruns nof generated or initiated by the Owner or its agents. The followinf! items are sDecificallv excluded 1. Tap fees, development fees, fees owed to Holy Cross,. Kinder-Morgan Energy, CATV or telephone companies and City of Aspen Water Department. 2. Cost of Plan Review or Building Permits. 3. Sales or Use Tax. 4. Furnishings 5. Telephone systems. 6. Data communication system, cables or cable.trays. 7. Architects and Engineer's fees. 8. Responsibility for code compliance of design. 9. Actual, consequential or liquidated damages. 10. Removal, treatment or replacement of existing contaminated or unsuitable soils or hazardous materials. 11. Wool sound batt per det 2/A5.4 12. Damage to the work caused by settlement of deep fills. 13. Allowance for unforeseen conc~ed conditions. 14. Rock excavation larger than 1 cy. I S. Builders Risk Insurance on Shaw's work or on the existing structures. 16. Colored concrete. 17. Paint at vinyl windows 18. Fire pump for building sprinkler system. 19. Shop / Erection drawings for Cold Formed Metal Framing. 20. Delays caused by.untimely receipt of permits. 21. Office trailers. We have assumed we will use the existing golf course clubhouse/restaurant. The GMP for the Truscott Housing is as follows: Phase I - Phase II - Allowance for Renovation of Existinl!: Housing - Total $ 7,956,103 $ 4,789,169 $ 525.000 $13,270,272 ~ We look forward to working with you and other members of the project team in making this a successful project for the City of Aspen. Sincerely, SHAW Construction L.L.C. Richard L. Keller Cc: Clark Atkinson .a~<4- .~ ... Truscott Housing 3 6/6/01 --- ..._-,---~_.._= . :' , ~~.1;:: :::;;:,,\,. :'4;.;;;~;~'1~~>:';; i~::;, ,'J,..~~ ';"",",. . ','; "~' ",;",,~,,-: .': '~);,:'::.>. ." ';':;'~~',~,;,;,;~'~i:.;' vO'd TO:8 TO. 9 un[ 8~9S-~vG-OL6:X~~ f9/uO ~ -' Ted Guy ~ Truscott Housing SO'd , TO:S .- ::;:':: :,::::, ::,::'li.~, ~:~S .::~\di1.;~lj;~;~';;i~:,:,:. ::;' ..r~ TO, 9 un[ 4 ""'.:""''''K'~' sr9s-rvc-OL5:X'f!j 6/6/01 : ~ /~,: :~':. ' '!. 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