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HomeMy WebLinkAboutresolution.council.102-21 RESOLUTION # 102 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT CHANGE ORDER BETWEEN THE CITY OF ASPEN AND PRT BUILDERS, LLC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT CHANGE ORDER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract Change Order for changes associated with the new equipment storage building, between the City of Aspen and PRT Builders, LLC., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Contract Change Order for changes associated with the new equipment storage building between the City of Aspen and PRT Builders, LLC., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 91n day of November, 2021. Torre, Mayor I, Nicole Henning, 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, November 9th, 2021. Nicole Heribing, City Clerk DocuSign Envelope ID:32BF4AFA-lE7A-459E-B2FA-DF76B923D495_ _t A PRT Builders LLC Change Order Request 01 i FE-7 © � 427 S. Main St.Suite 313 DATE: 10/21/2021 Cedar City, LIT 84720 Ph: (435) 383-8799 COA License#C-000146 Owner: City of Aspen Project: New Equipment Storage Building Attn: Andrew J. Rossello 500 Doolittle Drive 130 South Galena St. Aspen, CO 84611 Aspen, CO 81611 Project No:2020-50132 Contractor: PRT Builders LLC New Equipment Storage Building 427 S. Main St. Suite 313 Cedar City, UT 84720 ITEM# REASON DESCRIPTION COST P&O TOTAL 1 PLANS Plan Changes(Civil Drawings)for Permited Set vs Bid Set of Drawings PLANS Holmes Excavation $10,907.00 $1,090.70 $11,997.70 PLANS Site Concrete Changes $1,600.00 $160.00 $1,760.00 PLANS 3rd Party Inspections $2,395.00 $239.50 $2,634.50 2 PLANS Plan Changes(Structrual Drawings)for SOG Improvements (RFI 02) PLANS Basalt Concrete-Galvanized WWF $8,840.00 $884.00 $9,724.00 3 RFI 13 RFI 13-Existing Building Perimeter Drain Tie-in RFI 13 Holmes-Pipe, Fitting, Fabric, Labor $500.00 $50.00 $550.00 4 OTHER Cleary Building-Plan Changes vs Original Proposal OTHER Cleary Building $11,500.00 $11,500.00 5 OTHER COA Aspen Office Use OTHER Credit from PRT Builders ($8,263.00) ($8,263.00) 6 PRICING SAND FILTER OVERFLOW DRAIN EXTENTION Holmes Excavation-75'@$118 per ft. $8,850.00 $885.00 $9,735.00 7 PRICING CREDIT-Concrete Valley Pan Basalt Concrete ($1,000.00) ($100.00) ($1,100.00) 8 PRICING Long Stick Trackhoe Access Road Holmes Excavation $3,605.00 $360.50 $3,965.50 GC-General Conditions $250.00 $25.00 $275.00 9 PRICING Perimeter Irrigation-3 zones of Spray Irrigation Noble Landscaping $3,600.00 $360.00 $3,960.00 GC-General Conditions $200.00 $20.00 $220.00 10 RFI 24 Trench Drains at interior SOG RF124 Young Services-Qty(2) 16'Trench Drawing $5,115.00 $511.50 $5,626.50 RF124 GC-General Conditions $250.00 $25.00 $275.00 PRT BUILDERS LLC 1 of 3 Change Order#01 DocuSign Envelope ID:32BF4AFA-1 E7A-459E-B2FA-DF76B923D495 ITEM# REASON DESCRIPTION COST P&O TOTAL 11 RFI 25 Lower Oil/Water Separator to Accomadate Grades RFI 25 Horizon Products $4,499.69 $449.97 $4,949.66 RFI 25 Shipping $350.00 $35.00 $385.00 RFI 25 Install $300.00 $30.00 $330.00 RFI 25 Concrete-Thickened Edge $500.00 $50.00 $550.00 RFI 25 Excavation-Holmes $750.00 $75.00 $825.00 12 RFI 28 Bollards at Exterior of Building RFI 28 10 Bolt Down Bollards $1,975.00 $197.50 $2,172.50 RFI 28 Install Bolt down bollards $1,250.00 $125.00 $1,375.00 RFI 28 General Conditions $175.00 $17.50 $192.50 RFI 28 Excavate 4 Bollards $600.00 $60.00 $660.00 RFI 28 Labor Set 4 Bollards(Provided by the COA) $600.00 $60.00 $660.00 RFI 28 Paint $150.00 $15.00 $165.00 13 RFP Pentra SH-Concrete Sealer RFP Pentra Sil Product-(1)5 Gallon Bucket $290.00 $29.00 $319.00 RFP Supplies to Apply Product-Mop and Pump $125.00 $12.50 $137.50 14 COR Electrical Trenching Credit COR 60'Trenching ($3,150.00) ($3,150.00) 15 COR Backflow Preventer for Irrigation System COR Young Services-Backflow preventer $965.00 $96.50 $1,061.50 COR Young Services-Backflow preventer inspecti, $130.00 $13.00 $143.00 16 RFP Asphalt-South and West RFP Holmes-Grading Machine Time, Labor,Supe $1,211.00 $121.10 $1,332.10 17 COR Import/Export Credit COR Credit for Contigency of unsuitable soils ($8,578.00) ($922.00) ($9,500.00) 18 COR Damage by Pump Truck COR Basalt Concrete ($1,065.00) ($1,065.00) 19 COR Credit for Fencing deleted COR Taylor Fence ($950.00) ($95.00) ($1,045.00) 20 RFI 35 Weather hood for Exhaust Fan RFI 35 Pacific Sheet Metal $1,000.00 $100.00 $1,100.00 PRT BUILDERS LLC 2 of 3 Change Order#01 DocuSign Envelope ID:32BF4AFA-1E7A-459E-B2FA-DF76B923D495 ITEM# REASON DESCRIPTION COST P&O TOTAL 21 RFI 37 Erosion Control Blankets RFI 37 Holmes-Blanket ($1,185.00) ($118.50) ($1,303.50) RFI 37 Holmes-Labor ($604.00) ($60.40) ($664.40) RFI 37 Holmes-Delivery and return freight $500.00 $50.00 $550.00 22 COR Frame and Sheath Interior Wall -314"CDX plywood COR Framing-Labor and Materials $10,311.84 $1,031.18 $11,343.02 COR 3rd Party Testing $250.00 $25.00 $275.00 23 COR Asphalt Overage and Utility Credits COR Holmes-Asphalt Overage $6,312.76 $6,312.76 CREDIT FOR UTILITIES-Holmes COR Water Line Credit ($1,610.00) ($1,610.00) COR Gas Line Credit ($625.00) ($625.00) COR Sewer Line Credit ($705.00) ($705.00) 24 RFI 40 5"Concrete Apron-South and West RFI 40 5'Concrete Apron $17,470.00 $1,747.00 $19,217.00 RFI 40 Winter Blankets $400.00 $40.00 $440.00 RFI 40 Mud Buggy $450.00 $45.00 $495.00 RFI 40 Adjust Grade Approaches for Concrete $1,450.00 $145.00 $1,595.00 RFI 40 Special Inspections $450.00 $45.00 $495.00 RFI 40 General Conditions $250.00 $25.00 $275.00 25 BOND TOTAL-BOND FEE @ 1% $913.16 COLUMN TOTALS $82,592.29 $7,955.55 $91,461.00 TOTAL COR COST: $91,461.00 PRT BUILDERS, LLC CITY OF ASPEN rktt, $76skY' By: By: Title Manager Title Acting City Manager Date 11/01/21 Date AM MST PRT BUILDERS LLC 3 of 3 Change Order#01 CITY OF ASPEN CHANGE ORDER FORM Change Order No. 1 Date of Issuance: COA Acct No.:421.322.81200.57310.50132 Project Name:New Equipment Storage Building Contractor:PRT Builders The Contract is modified as follows upon execution of this Change Order:Description: Additional Scopes of work to comply with permitting requirements(Contractor Bid and COA Permit were pursued simultaneously).The additional work is described in attached Document PRT Builders COR 110/8/21. Each Item was reviewed as a component of an RFI subsequently approved by City Project Manager and 3rd Party inspectors. Attachments: PRT Builders COR 1 1018121 CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES [note changes in Milestones if applicable] Original Contract Price: Original Contract Times: Substantial Completion: 10/31/21 $ 908,349.00 Ready for Final Payment: days or dates [Increase] [Decrease] from previously approved Change [Increase] [Decrease]from previously approved Change Orders No._ to No._ Orders No._ to No. Substantial Completion: $ N/A Ready for Final Payment: days Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: 10/31/21 $ 908,349.00 Ready for Final Payment: 11/30/21 days or dates [increase] [Decrease] of this Change Order: [Increase] [Decrease]of this Change Order: Substantial Completion: 10/14/21 $ 91461.00 Ready for Final Payment: 11/30/21 days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:Substantial Completion: 10/14/21 $_999,810.00 Ready for Final Payment: 11/30/21 days or dates RECOMMENDED: �EPTE �A,CCEPTED: Sign: Sign: Sign: -;(— Engineer(if applicable) By: Contractor(Authorized Signature) By: Title: Ci Project Man ger By: PRT Builders LLC-Rob Allred Title: Date: r)A,I 7 I Title: Manager Date: Date: 10/21/2021 AP Sign: Sign: By: Tyler Christoff By: Title: Utili es irector Title: City Manager Date: /o Date: RESOLUTION# 13 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PRT BUILDERS, LLC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for the construction of a new equipment storage building, between the City of Aspen and PRT Builders, LLC., a true and accurate copy of which is attached hereto as Exhibit"A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for construction of a new equipment storage building between the City of Aspen and PRT Builders, LLC., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 91 day of February, 2021. XW� Torre, Mayor I, Nicole Henning, 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, February 9t', 2021. if a- '01 • Nicole Henni g, City Clerk DocuSign Envelope ID:E6528AC9-4EB8-4EBD-A3D4-D6D55707382F CITY OFASPEN CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on January 28, 2021 . by and between the CITY OF ASPEN, Colorado, hereinafter called the"City", and_ PRT Builders. LLC , hereinafter called the "Contractor". 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: 2020-50132 : New Egulo rent Storage Building , and, WHEREAS, the Contractor, 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 Bid in accordance with the terns of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore,for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1- The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor 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 Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Nine Hundred Eight Thousand Three hundred Forty-nine($908,349.00) DOLLARS or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed In the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971400 Page 1 "CC1 DocuSign Envelope ID:E6528AC9-4EBB-4EBD-A3D4-D6D55707382F Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. I 6. The City shall pay to the Contractor in the manner and at such time as set forth In the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, Including the approval requirements 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 official 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 binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor 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 Contractor or the City may assign this Contract for Construction 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 Contractor 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 performed, 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 Contract for Construction was made In accordance with the laws of the State of Colorado and shall be so construed. Venue is 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 Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized CC1-971'.doc Page 2 ••CC1 DocuSign Envelope ID:E652BAC9-4EB8-4EBD-A3D4-D6D55707382F representative of the Contractor for the purposes of executing this Contract for Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. 15. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same coun erpart. Furthermore, each Party consents to the use of electronic signatures by either Darty. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agre not to deny the legal effect or enforceability of the Agreement solely because it is In electronic form or because an electronic record was used in its formation. The P irties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy o a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not In its original form or is not an original. 16.Certification and Supplemental Conditions to Contract for Services- Conformance with §8- 17.5.101, et seq. Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bill 06-1343 that added a new article 1715 to Title 8 of the Colorado Revised Statutes entitled "Illegal Aliens—Public Contracts forServices."This new law prohibits all state agencies and political subdivisions, Including the City of Aspen,from knowingly employing or contracting with an illegal alien to perform worki inder a contract,or to knowingly contract with a subcontractor who knowingly employs or contracts with an illegal alien to perform work under the contract. The new law also requi es that all contracts for services include certain specific language as set forth in the statutes. This Certification and Supplemental Conditions has been designed to comply with the re juirements of this new law. Applicability. The certification ands pplemental conditions set forth herein shall be required to be executed by all persons having a public contract for services with the City of Aspen. Definitions. The following terms are c efined in the new law and by this reference are Incorporated herein and in any contn ict for services entered into with the City of Aspen. "Basic Pilot Program" means the bas c pilot employment verification program created in Public Law 208, 104th Congress, as mended, and expanded In Public Law 156, 108th Congress,as amended, that is admir iistered by the United States Department of Homeland Security. "Contractor" means a person having public contract for services with the City of Aspen. "Public Contract for Services" means any type of agreement, regardless of what the agreement may be called, between tt te City of Aspen and a Contractor for the procurement of services. It specifically means the contract or agreement referenced below. CC1-971.doc Page 3 6•cc1 DocuSign Envelope ID:E6528AC9-4EB8-4EBD-A3D4-D6D55707362F "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. PURSUANT TO SECTION 8-17.5-101, C.R.S., et. seq.: By signing this document, Contractor certifies and represents that at this time: (1) Contractor does not knowingly employ or contract with an illegal alien;and (11)Contractor has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. The Public Contract for Services referenced below Is hereby amended to include the following terms and conditions: 1. Contractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 2. Contractor shall not enter Into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the Public Contract for Services. 3. Contractor has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Contractor does not employ any illegal aliens; and If Contractor has not been accepted Into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Contractor shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five(5)days of the date of the Public Contract. Contractor shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three(3)calendar months thereafter, until Contractor is accepted or the public contract for services has been completed,whichever is earlier. The requirements of this section shall not be required or effective If the Federal Basic Pilot Program is discontinued. 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre- employment screening of job applicants while the Public Contract for Services Is being performed. 5. If Contractor obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with an illegal alien, Contractor shall: (i) Notify such subcontractor and the City of Aspen within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an Illegal alien;and (11) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien;except that Contractor shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. CCt•971.doc Page "cc1 I DocuSign Envelope ID:E6528AC9-4EB8-4EBD-A3D4-D6D55707382F 6. Contractor shall comply with any reasonable request by the Colorado Department of i Labor and Employment made in the course of an Investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102(5), C.R.S. i 7. If Contractor violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S.the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services Is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Contractor's i violation of Subsection 8-17.5-102, C.R.S. 8. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record,or a paper copy of an electronic documents,or a paper copy of a document bearing an electronic signature, on the grounds that it is an electronic record or electronic signature or that 1t is not in its original form or is not an original. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: CITY OF ASPEKI QQ1 QqA,DO By. Title: city Manager APPROVED AS TO FORM: By: City Attorney CONTRACTOR: PRT BUILDERS, LLC By: Title: CCt-971.doc Page 5 "CCt DocuSign Envelope ID:E6528AC9-4EBB-4EBD-A3D4-D6D55707382F 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. CC7-97140C Pape 6 ••CC7 DocuSign Envelope ID:E6528AC9-4EBB-4EBD-A3D4-D6D55707382F CERTIFICATE OF INCORPORATION (To be completed If Contractor is a Corporation) STATE OF )SS. i COUNTY OF. rckQ ) On this a �^ I day of /mac`&U4-ry , 200' I , before me appeared to me personally known, who, being b me first duly om, did say that s/he Is of �7 - I�w���t-r-r l LC 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. ew' t MORLEY BARLOWNOTARYPUBLIC STATE OF UTAH Nota ublic COMM. # 698314 COMM.EXP.01-21-2022 Address My commission expires: . CC1-971.doc Page 7 ••CC1