HomeMy WebLinkAboutresolution.council.073-01 RESOLUTION #73
(Series of 2001)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND PERFORMANCE TECHNOLOGIES INC.
SETTING FORTH THE TERMS AND CONDITIONS REGARDING BUILD
CONTRACT FOR THE RED BRICK HUMIDIFICATION SYSTEM AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT
WHEREAS, there has been submitted to the City Council a contract
between the City of Aspen, Colorado, and Performance Technologies Inc., a
copy of which contract is annexed hereto and made a part thereof.
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section I
That the City Council of the city of Aspen hereby approves that contract
between the City of Aspen, Colorado, and Performance Technologies Inc.
regarding build contract for the Red brick Humidification System, a copy of
which is annexed hereto and incorporated herein, and does hereby authorize the
City Manager of the City of Aspen to execute said contract .on behalf of the City
of Aspen.
Dated: ~[~~~~J
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that
the foregoing is a true and accurate copy of that resolution adopted by the City
Council of the city of Aspen, Colorado, at a meeting held July 9, 2001 ,
· Kat~y'n-~. Ko~h, Ci/y'~21-~erk
City of Aspen
Two Part
Agreement
and
General Conditions For
Design/Build'
Construction Contracts
(Version DB-lO1)
CITY OF ASPEN, COLORADO
GENERAL INFORMATION FOR
TWO PART AGREEMENT
OF DESIGN/BUILD PROJECT
O/ersion DB-10B
The Two Part Design/Build Agreement for construction projects consists of two separate
agreements (Part 1 and Part 2) and General Conditions related to each part. These agreement
documents are an integral parr of the Contract Documents for the particular construction project
described therein.
These agreement forms are intended to establish a contractual relationship between the City of
Aspen and a Desigr~Builder. Design/build is a process in which the City of Aspen contracts
directly with one entity that is to provide both design and construction services. The
Design/Builder's organization may take a variety of forms, such as a sole proprietorship, a
partnership, ajoim venture, or a corporation. An architect or architectural firm may directly contract
to perform design/build, or alternatively may form a separate corporate entity or joint venture for
design/build, although these options are not explicitly stated in the document.
The City of Aspen's Design build agreement comains two separate, sequential agreements. Part l
Agreement covers services for preliminary design and budgeting. The Part 2 Agreement covers
servmes for final design and construction. It is intended that the parties first enter into the Part i
Agreement to determine the feasibility and the scope of the 'Project, and thereafter enter into the
Part 2 Agreement. Before the Part I Agreement is execrated, the parties should reach substantial
agreement on .the terms of the Part 2 Agreement, except for the scope of the Project and
compensation. Note that the parties may conclude their relationship after the Pm 1 Agreement is
performed rather than continuing on the Part 2 Agreement.
CONTENTS
Part One Agreement for Design/Build Projects
General Conditions for Part One Agreement for Design/Build Projects
Part Two Agreement for Design/Build Projects
General Conditions for Part Two Agreement for Design/Build Projects
PART TVVO AGREEMENT FOR DESIGN/BUILD PROJECT
THIS AGREEMENT, made and entered into on June 25, 2001 , by and between the CITY OF
ASPEN, Colorado, hereinafter called the "City", and Performance Technologies, Inc.,
hereinafter called the "Design/Builder".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project entitled: _Red Brick Dust Mitigation Project,
and.
WHEREAS, the Design/Builder. in response to such advertisement, or in response to
direct invitation, has submitted to the City, in the manner and at the time specified, a sealed
proposal in accordance with the terms of said Invitation for Pro ~osals: and,
WHEREAS, the City, in the manner prescribed by law. has publicly opened, examined
and canvassed the ~roposals submitted in response to the published Invitation for Proposals
therefore, and as a result of such caqvass has determined and declared the Design/Builder to
be the most responsive proposer for the said Work and has duly awarded to the Design/Builder
a Part 2 Agreement therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Par[ 2 Agreement herein
mentioned:
1. The Design/Builder shall commence and complete the Work as fully described in
the Contract Documents.
2. The Design/Builder shall furnish all of the materials, supplies, tools, equipment
labor and other services necessary for the Work described herein.
3. The Design/Builder shall commence the Work required by the Contract
Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed"
and will complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Design/Builder agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for a sum not to exceed _Twenty Nine
Thousand and ninety five dollars and no cents_ ($_29,095~00_) or as shown in the
prc ~3osal.
CC4-971,doc **CC2 Page 1
5. The term "Contract Documents" means and includes the documents listed in the
City of Aspen General Conditions for Des.ign/Build Project and in the Special Conditions, if any.
The Contract Documents are included herein by this reference and made a part hereof as if fully
set forth here.
6. The City shall pay to the Design/Builder in the manner and at such time as set
forth in the Genera Conditions. unless modified by the Special Conditions, such amounts as
required by the Documents.
7 This Part 2 Agreement shall be binding upon ail ~arties hereto and their respective
heirs, executors administrators, successors and assigns. Notwithstanding anything to the
contrary contained herein or in the Contract Documents, this Part 2 Agreement shall be subject
to the City of Aspen Procurement Code Title 4 of the Municipal Code, including [he approval
recuirements of Section 4-08-040. This agreement shall not be binding upon the City unless
duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized
officia in his/her absence) following a resolution of the Council of the City of Aspen authorizing
the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the
same.
8. This agreement and all of the covenants hereof shall inure to the benefit of and be
~)inding upon the City and the Design/Builder respectively and their agents, representatives,
employees. Successors, assigns and legal representatives. Neither the City nor the
Design/Builder shall have the right to assign, transfer or Sublet his or her interest or obligations
hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or
grant to any' third party or parties, except to parties to whom the,Design/Builder or the City may
assign this Part 2 Agreement in accordance with the specific written consent, any rights to claim
damages or to bring suit, action or other proceeding against either the City or the
Design/Builder because of any breach hereof or because of any of the terms, covenants,
agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof
to be 13erformed, kept and observed by the other party shall be construed, or operate as. a
waiver of any subsequent default of any of the terms, covenants or conditions herein contained,
to be performed, kept and observed by the other party.
11. The parties agree that this Part 2 Agreement was made'in accordance with the
laws of the State of Colorado and shall be so construed. Venue ~s agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
12. In the event that legal action is necessary to enforce any of the provisions of this
Part 2 Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's
fees.
13. This Part 2 Agreement was reviewed and accepted through the mutua efforts of
the parties hereto, and the parties agree that no construction shall be made or presumption
CC4-971.doc **CC2 Page 2
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of this Part 2 Agreement.
14, The undersigned representative of the Design/Builder. ~s an inducement to the
City to execute this Part 2 Agreement, represents that he/she is an authorized representative of
the Design/Builder for the purposes of executing this Part 2 Agreement and that he/she has full
and complete authority to enter into this Part 2 Agreement for the terms and conditions
specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Part 2 Agreement on the
date first above written.
ATTESTED BY: ~ CITY OF ASPEN. COLORADO
RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM:
City Eno ineerin~'Depa-rt-m~nt Ci¢]~'tt~r~e9 ' - -
J
ATTESTED BY: DESIG N/BUILDER:
Note: Certification of Incorporation shall be executed if Design/Builder is a Corporation. If a
partnership, the Agreement shall be signed by a Principal and indicate title.
CC4-971.doc **CC2 Page 3
CERTIFICATE OF INCORPORATION
(To be completed if Design/Builder is a Corporation)
STATE OF ~£~/~0 ~ )
)ss.
COUNTY OF
On this -¢Z,,,~¢ day of ~--~A.,'6.. ,20 O I , before me appeared
¢'-..~OO~ //~ ;~ b-/ ~ , tO me personally known who
being by me fi~'st duly swoc~Enrn, did say that s/he is ~::~¢L~s' I 004, ~ ' of
;~:;~¢_./~/~-~ ~ ~ ~,,/CF. ~/~C44-W CL-~ (',-! E.? ,~ ~(' and that the seal affixed
to said instrument' is the corporate seal of said]corporation, and that said instrument was signed
and sealed 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.
,,,,,","¢,,~ L ~. ~;~',,,,,
";~7 '.. .'X~.-* '
-,,,,,, u ~- C O~,"
'"""""'""" Address
~g' COMMISSION EXPIRES 5]9i~
My commission expires:
CC4-971.d0c -CC2 Page
Ptf~FO&tIA,VCE F~.'C,'YNOLOC.[ES. IN( CiL'~' of'Aspen
Option C: Fog jet system with pipes and r, ozzles run near the ceiling down the lengm of the
gym.
This system pro,,qde~ the most uni:~brm dispersion of humidity, the lowest operating and
mmntenance costs, one e£ the lowest installation costs, occupies the least amount of space, and
offers good control, it consists o£a water [re,~tment system, a 35 hp high pr=ssure pump (1 gal!on
per minute. 1,000 psi, 810 :pm complete with gauges, ~a£ety devices, and electric control pan=D,
stainless steel distribution piping ~d dispersion nozzies, ane an a~justable control system '^'tth a
room humidity sensor. The water treatment, pump and controller will be located in t~e locker
room downs:airs. It will drain directly into one of the existing drain pipes. The distribution
piping will include t".vo runs of 80 feet down the length of the gym with dispersion nozzles
smmmmg above the pipe. The pipes will be near the ceiling 7-10 feet offofthe center line or
ridge Ii:to. The pipe runs can be fouled to avoid obstacles such as g~Tl equ'pment. The p~pe is
st~.inless steel /.," with stainless compression fittings, approximately 15 dispersion m~zzles witt~
anti-drip 1/8" copper extenders. The output is 2!0 p~und,; per hour ma,: ar, d .42 gpm. Th,:
monthly mn time is esnmared m 200 hours or 25-36 .% of hours hi a month. This energy
operating cost ~s approximately $7-10 per month. The pump need oil ar approximately three
month intervals. The water hardness removal system requires a new cart'qdge eveu fftree
months.
System cost= $2~ 575.00
Ne, w operable damper for the open louver on ~e nortt~ end of tile gym wtth damper actuator and
controls and wiriug-- $3,520.00
Total= $29.095.00 -
Pa~e 3
16.17 Audit imd Records
The Design/Builder shall maintain ali data and records pertinent to the Work performed under this Agreement. in
accordance with generally accepted accounting principles, and shall preserve and make available ali data and records
until the expiration of three (3) years fi.om the date of f'mal payment under this Agreement, or for such longer period, if
any, ~s is required by applicable statute or by other articles of the Contract Documents. The authorized representatives
of the U,S. Department of Transportation, Comptroller General of the United grates, the State of Colorado and the City
shall have access to all suoh data and records for such f~'ne period to inspect, audit and make copies thereof during
normal business hours. The Design/Builder covenants and agrees that it shall require that any Subcontractor utilized in
the performance of this Agreement shall permit the authorized representatives of the United States Deparanent of
Transportation. the State of Colorado, and the City, to similarly inspect and audit ali data and records of said
Subcontractors relating to the performance of said Subcontractors under this Agreement for the s~me time period.
16.18 Audit
16.18. I. COST OR PRICING DATA: If the Design/Builder has submitted cost or pricing data in connection with the
pricing of any modification to the Agreement. unless the pricing was based on adequate price competition, established
catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or
regulation, the Engineer or a representative of the Cit> shall have the right to examine and audit all books, records.
documents, and other data of the Design/Builder (including computations and projections) related to negotiating,
pricing or perforaaing the modification, in order to evaluate the accuracy, completeness, and currency of the cost and
pricing data. In the case of pricing any modification, the authorized representatives of the U.S. Deparrmem of
Transportation, and the State of Colorado shall have the same rights.
16.18.2. AVAILABILITY: The Design/Builder shall make available at its offices at all reasonable times the materials
described in the Contract Documents, for examination, audit, or reproduction, until three (3) years after f'mal payment
under the Agreement, or for any period, if any, as is required by applicable statute or by other articles of this
Agreement.
16.18.3. If this Agreement is completely or partially terminated, the records relating to the Work
terminated shall be made available for three years after any resulting final termination'payment.
I6.18.4. Records pertaining to appeals under the disputes clause or to litigation or the settlement
of claims arising under or relating to the performance of this Agreement shall be made available
until disposition of such appeals, litigation, or claims.
Rev. 1/I8/01 - Seos. 14.2.I.1 & 13.1.1