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HomeMy WebLinkAboutresolution.council.087-22RESOLUTION #087 (Series of 2022) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND KUBED FIRE SUPPRESSION 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 Rio Grande Parking Garage Fire Sprinkler System Replacement, between the City of Aspen and Kubed Fire Suppression, 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, $502,216 between the City of Aspen and Kubed Fire Suppression 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 _"Slay of 2022. 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, 2022. Nicole Henning, City Cl k DocuSign Envelope ID: 85221C9F-50DF-42FE-BCF7-2143B3F08CC0 �040 4%,�� &2# CITY OFASPEN CONTRACT FOR CONSTRUCTION 2022-222 THIS AGREEMENT, made and entered into on 6/30/2022 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and KUBED FIRE SUPPRESSION . 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: RIO GRANDE PARKING GARAGE FIRE SPRINKLER REPLACEMENT 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 terms 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: 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 FIVE HUNDRED TWO THOUSAND TWO HUNDRED SIXTEEN ($ 502,216) DOLLARS or as shown on the BID proposal. Kubed Fire Suppression Page 1 DocuSign Envelope ID: 85221CgF-50DF-42FE-BCF7-2143B3FO8CCO 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 Special Conditions. 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 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. Kubea Fire Suppression Page 2 DocuSign Envelope ID: 85221CgF-50DF-42FE-BCF7-2143B3FO8CCO 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 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 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 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. Worker Without Authorization — CRS §8-17.5-101 & §24-76.5-101 Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21- 1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(III) as it relates to the employment of and contracting with a "worker without authorization" which is defined as an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States. As amended, the current law prohibits all state agencies and political subdivisions, including the Owner, from knowingly hiring a worker without authorization to perform work under a contract, or to knowingly contract with a Consultant who knowingly hires with a worker without authorization to perform work under the contract. The law also requires that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. Definitions. The following terms are defined by this reference are incorporated herein and in any contract for services entered into with the Owner. .1 "E-verify program" means the electronic employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is jointly administered by the United States Department of Homeland Security and the social security Administration, or its successor program. .2 "Department program" means the employment verification program established pursuant to Section 8-17.5-102(5)(c). .3 "Public Contract for Services" means this Agreement. Kubed Fire Suppression Page 3 DocuSign Envelope ID: 85221C9F-50DF-42FE-BCF7-2143B3F08CC0 .4 "Services" means the furnishing of labor, time, or effort by a Consultant or a subconsultant not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. .5 "Worker without authorization" means an individual who is unable to provide evidence that the individual is authorized by the federal government to work in the United States By signing this document, Consultant certifies and represents that at this time. 1. Consultant shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services; and 2. Consultant has participated or attempted to participate in either the a verify program or the department program in order to verify that new employees are not workers without authorization. Consultant hereby confirms that: 1. Consultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 2. Consultant shall not enter into a contract with a subconsultant that fails to certify to the Consultant that the subconsultant shall not knowingly employ or contract with a worker without authorization to perform work under the Public Contract for Services. 3. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the e-verify program or the department program. 4. Consultant shall not use the either the e-verify program or the department program procedures to undertake pre -employment screening of job applicants while the Public Contract for Services is being performed. If Consultant obtains actual knowledge that a subconsultant performing work under the Public Contract for Services knowingly employs or contracts with a worker without authorization, Consultant shall: 1. Notify such subconsultant and the Owner within three days that Consultant has actual knowledge that the subconsultant is employing or subcontracting with a worker without authorization: and 2. Terminate the subcontract with the subconsultant if within three days of receiving the notice required pursuant to this section the subconsultant does not stop employing or contracting with the worker wilhoul authorization; except that Consultant shall not terminate the Public Contract for Services with the subconsultant if during such three days the subconsultant provides information to establish that the subconsultant has not knowingly employed or contracted with a worker without authorization. Consultant shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Kubed Fire Suppression Page 4 DocuSign Envelope ID: 85221CgF-50DF-42FE-BCF7-2143B3FO8CCO Employment undertakes or is undertaking pursuant to the authority established in Subsection 8- 17.5-102 (5), C.R.S. If Consultant violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the Owner may terminate this Agreement. If this Agreement is so terminated, Consultant shall be liable for actual damages to the Owner arising out of Consultant's violation of Subsection 8-17.5-102, C.R.S. It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. 17. Contractor shall comply with any reasonable request by the Colorado Department of 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. 18. 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 violation of Subsection 8-17.5-102, C.R.S. 19. 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 it is not in its original form or is not an original. Kubed Fire Suppression Page 5 DocuSign Envelope ID: 85221C9F-50DF-42FE-BCF7-2143B3F08CC0 CONTRACT CLARIFICATIONS AND ASSUMPTIONS INCLUSIONS: • Work to be completed between September 26th 2022 and December 2nd, 2022 • Performance and Payment Bond • Replacement of an entire existing Rio Grande Parking Garage dry -pipe sprinkler system based on NFPA 13 coverage with hydraulic calculations to meet or exceed state and local codes. • Pricing includes reverse engineering system design/layout for not only the fabrication process but will also provide electronic records of the system design to the City of Aspen for permanent documentation. • Permit/plan fees • Once a contract is signed by both parties no change order for material escalation will be accepted. • Add/Alternate #1: Management of waste/recycling of old pipe. Includes all dumpster and or dump fees • Add/Alternate #2: Complete Nitrogen generator system: Compressor, dryer, generator, receiver tank, air maintenance device, purge vents, multiport header, and enough tubing pipe vents back to riser room for central viewing. 5 monitors - mount all five monitoring stations in one central location (riser room) and run the sampling tubing as needed. Addition of a nitrogen generator will require additional inputs into the Fire Alarm panel. KFS will supply the wiring up to the Fire Alarm panel for the new components, but landing the wiring and any programming will be the scope of the existing Fire Alarm System service provider. • Add/Alternate #4: Adding schedule 10 pipe to system for (2) 6000-sf spaces that are not currently sprinklered in the lowest level of garage deemed `storage areas' • All piping and fittings to be Steel. Includes all pipe sizes as required by hydraulic calculations (1", 1-1/4", 1-1/2", 4" and 6" etc.). The pipe schedule is as follows: 1" - Threadable Thinwall - The equivalent schedule is-27-30. 1-1/4" through 6" - Sch 10 • Brass upright sprinklers ■ Existing stairway standpipes and standpipe valves. • Replacing the existing air compressors with new. • Work starts at the outlet side of the existing dry pipe valves at the water entry/fire sprinkler room • Replacing all drum -drips and purge points. ■ Replaces all piping up to the FDC connection and includes the check valve for the FDC. ■ The system must be kept operational with the exception of the direct area being worked on. KFS will isolate leg(s) at a time and replace them to get the system back in operation as quick as possible. • The CoA will assist with strategically scheduling and blocking off the work areas. • All tools, equipment, hangers, miscellaneous supplies required for work • All current OSHA regulations will be followed, and appropriate PPE will be worn at all times. • Fire stop, and or fire caulking where required Kubed Fire Suppression Page 6 DocuSign Envelope ID: 85221CgF-50DF-42FE-BCF7-2143B3FOBCCO Concrete or masonry core drilling, sleeving of concrete holes as required, and steel beam drilling. Drilling of standard LVL's included, but guidelines must be approved by structural engineer. The pipe inside the existing bathrooms above hard lids will be left as -is. New pipe and connections will be made and the closest fitting outside of bathrooms $250 for every time a water or air filled system ($450 for glycol) needs to be drained post rough -in inspection and $400 per head for post installation modifications. EXCLUSIONS: ■ Replacement of work recently completed in Fire Entry Room: Backflow devices/main fire riser control. Fire riser manifolds • Fire Alarm system modifications. Does not include wiring of KFS provided flow switches or tamper switches. • Line voltage • 3D design integration, only 2D design and blueprints. • Removal/replacement of insulation, sheetrock, wiring, drop ceilings/grid work and framing wall Patching/painting. Installation of ceiling tiles around sprinkler heads • Does not include providing means of permeant access (ladders, platforms, access panels) as required to any of the fire sprinkler equipment. • Asset Department will be notified of any non -code required ancillary items or components the Aspen Fire Department deems necessary for the project as part of the Rough In or Final Inspection that has NOT been noted or requested during their permit application review. Request will be reviewed and approved via. change order prior to additional work being performed. ■ Building heat, heat tracing, and temporary/permanent insulation to prevent freezing of system. • Underground piping. • Antifreeze solution. • Fire extinguishers, cabinets, Knox box and caps. • Overtime/premium labor including time over 40hr weeks, nights, and weekends. Contractor will cover overtime if behind schedule due contractors own performance • No coverage in crawl spaces, attics, and other spaces not required by NFPA 13, unless noted otherwise in inclusions. All areas in garage currently covered will be replaced with new a new system ■ Booster pumps, reservoir tanks, and other needs for adequate water supply requirements as required by water data analysis. ■ Installation of water main coming into the building. Kubed Fire Suppression Page 7 DocuSign Envelope ID: 85221CgF-50DF-42FE-BCF7-2143B3F08CC0 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. TESTED B APPROVED AS T:LZFW'�d by: By: �awtt,S City Attorney ��s�A6;TT0 R: V tLA 6/30/2022 1 2 CITY OF A cu6@t@RAD❑ By: Sala M By: city Manager Jeff Kubica 08:16 MaPDPrincipal General Conditions for Construction Contracts and Special Conditions can be found on City of Aspen Website. littps://www.citvofaspen.coinY497/Ptircliasine 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. Kubed Fire Suppression Page 8