HomeMy WebLinkAboutresolution.council.115-23RESOLUTION #115
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO.) APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN AND NORTH PEAK INC. 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 IT
Data Center Cooling Project Construction Services, between the City of Aspen and
North Peak Inc., a true and accurate copy of which is attached hereto as Exhibit
"II".
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,
$479,066.69 between the City of Aspen and North Peak Inc. 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 22" d day of August 2023.
1
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, August 22, 2023.
Nicole Henning, City Clerk
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CITY OFASPEN
CONTRACT FOR CONSTRUCTION
(Short Form) 2023-204rev1
Reso 2023-115 on 8/22/23
THIS CONTRACT, made and entered into on July 25", 2023, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and North Peak Inc.,
hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporary utilities, transportation and any other facilities
needed therefor, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit
"A" which is incorporated herein as if fully set forth (the "Project").
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or Proposal
appended hereto for the same approved in writing by the parties hereto. The Project shall
also be constructed and completed in strict compliance with all laws, ordinances, rules,
regulations of all applicable governmental authorities, and the City of Aspen Procurement
Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-
08-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefor and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by this Contract, and the
construction and completion of the Project, City agrees to pay Contractor a sum not to
exceed four -hundred seventy-nine thousand, sixty-six dollars and sixty-eight cents
($479,066.68) DOLLARS or as shown on Exhibit "A".
4. Commencement and Completion.. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to substantially
complete the same not later than December 1st, 2023, subject to such delays as are
permissible under the "Extension of Time for Completion" section of this Contract.
5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills
and charges for material, labor, machinery, equipment or any other service or facility
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used in connection with or arising out of the Project, and shall obtain periodic releases
from all subcontractors and material suppliers supplying labor or materials to the Project
concurrently with Contractor's delivering any payment to such subcontractors and
material suppliers. Contractor shall indemnify and hold City and City's officers,
employees, agents, successors and assigns free and harmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material suppliers, including but not limited to court costs and attorney's fees resulting or
arising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arrears in making the payments to Contractor. Should any liens or
claims of lien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be released of
record, or shall furnish City with the proper indemnity either by title policy or by
corporate surety bond in the amount of 150% of the amount claimed pursuant to such
lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing an
expenditure of an amount not less than the total of all previous payments made hereunder
by City to Contractor.
7. Hierarchy of Project Documents. This Contract and the Proposal or Scope
of Work appended hereto as Exhibit "A" are intended to supplement one another. In
case of conflict, however, this Contract shall control both.
8. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in, additions to, or
omissions from this Contract or the Proposal/Scope of Work, it shall be at liberty to do
so, and the same shall in no way affect or make void this Contract; but the amount thereof
shall be amortized over the remaining term of this Contract and added to or deducted, as
the case may be, from the payments set forth in Paragraph 3 above by a fair and
reasonable valuation, based upon the actual cost of labor and materials. This Contract
shall be deemed to be completed when the work is finished in accordance with the
original Proposal or Scope of Work as amended or modified by such changes, whatever
may be the nature or the extent thereof. The rule of practice to be observed in fulfillment
of this paragraph shall be that, upon the demand of either City or Contractor, the
character and valuation of any or all changes, omissions or extra work shall be agreed
upon and fixed in writing, signed by City and Contractor, prior to performance.
9. Contractor's Failure to Perform. Should Contractor, at any time during
the progress of the work, refuse or fail to supply sufficient material or workmen for the
expeditious progress of said work or fail to perform any other provisions of this Contract,
City may, upon giving notice in writing to Contractor as provided herein and upon
Contractor's failure to remedy any such failure within 3 days from receipt of such notice,
terminate this Contract and provide the necessary material and workmen to finish the
work and may enter upon the Property for such purpose and complete said work. The
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expense thereof shall be deducted from the payments remaining under Paragraph 3
above, or if the total cost of the work to City exceeds the amount of such remaining
payments, Contractor shall pay to City upon demand the amount of such excess in
addition to any and all other damages to which City may be entitled. In the event of such
termination, City may take possession of all materials, equipment and appliances
belonging to Contractor upon or adjacent to the Property upon which said work is being
performed and may use the same in the completion of said work. Such termination shall
not prejudice or be exclusive of any other legal rights which City may have against
Contractor.
10. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However, the time during which Contractor is delayed in said work by (a) the
acts of City or its agents or employees or those claiming under Contract with or
permission from City, or (b) the acts of God which Contractor could not have reasonably
foreseen and provided against, or (c) unanticipated stormy or inclement weather which
necessarily delays the work, or (d) any strikes, boycotts or obstructive actions by
employees or labor organizations and which are beyond the control of Contractor and
which it cannot reasonably overcome, or (e) the failure of City to make progress
payments promptly, shall be added to the time for completion of the work by a fair and
reasonable allowance. Contractor recognizes, however, that the site of the work is in the
Rocky Mountains at a high elevation where inclement whether conditions are common.
This fact has been considered by Contractor in preparing its Proposal and or agreeing to
the Scope of Work. Furthermore, Contractor shall have the right to stop work if any
payment, including payment for extra work, is not made to Contractor as provided in this
Contract. In the event of such nonpayment, Contractor may keep the job idle until all
payments then due are received.
11. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expenses or purchasing any other materials for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time of
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work, or information supplied by City, or
should Contractor encounter physical conditions below the surface of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent
in a work site located in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have the right and option to immediately cancel and terminate this
Contract or to instruct Contractor to continue the work and add the additional amount
attributable to such unforeseen conditions to the payments due Contractor as set forth
above.
It is agreed that in the event of any cancellation by City in accordanec with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs, building permit fees, insurance and such financing
and title charges as are not refundable shall be included; provided that supervision time,
office overhead and profit shall not be included in such costs to be refunded to Contractor
by reason of such cancellation.
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12. Acceptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the Project
has been completed.
13. Notice of Completion; Contractor's Release. City agrees to sign and file of
record within five (5) days after the substantial completion and acceptance of the Project
a Notice of Completion. If City fails to so record the Notice of Completion within said
five (5) day period, City hereby appoints Contractor as City's agent to sign and record
such Notice of Completion on City's behalf. This agency is irrevocable and is an agency
coupled with an interest. Contractor agrees upon receipt of final payment to release the
Project and property from any and all claims that may have accrued against the same by
reason of said construction. If Contractor faithfully performs the obligations of this
Contract on its part to be performed, it shall have the right to refuse to permit occupancy
of any structures by City or City's assignees or agents until the Notice of Completion has
been recorded and Contractor has received the payment, if any, due hereunder at
completion of construction, less such amounts as may be retained pursuant to mutual
Contract of City and Contractor under the provisions of Paragraph 3 above.
14. Indemnification. Contractor agrees to indemnify and hold harmless the
City, its officers, employees, insurers, and self-insurance pool, from and against all liability,
claims, and demands, on account of injury, loss, or damage, including without limitation
claims arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this contract, to the extent and for an amount represented by the degree or
percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be
caused in whole or in part by, the wrongful act, omission, error, contractor error, mistake,
negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any
officer, employee, representative, or agent of the Contractor or of any subcontractor of the
Contractor, or which arises out of any workmen's compensation claim of any employee of
the Contractor or of any employee of any subcontractor of the Contractor. The Contractor
agrees to investigate, handle, respond to, and to provide defense for and defend against, any
such liability, claims or demands at the sole expense of the Contractor, or at the option of the
City, agrees to pay the City or reimburse the City for the defense costs incurred by the City
in connection with, any such liability, claims, or demands. If it is determined by the final
judgment of a court of competent jurisdiction that such injury, loss, or damage was caused
in whole or in part by the act, omission, or other fault of the City, its officers, or its
employees, the City shall reimburse the Contractor for the portion of the judgment
attributable to such act, omission, or other fault of the City, its officers, or employees.
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15. Insurance.
a. The Contractor agrees to procure and maintain, at its own expense, a policy
or policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law.
The Contractor shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
b. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain, the minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemental Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such coverage
shall be procured and maintained with forms and insurance acceptable to City. All coverage
shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of
any claims -made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
1. Worker's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of ONE
MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION
DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS
($1,000,000.00) disease - each employee. Evidence of qualified self -insured status
may be substituted for the Worker's Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and
THREE MILLION DOLLARS ($3,000,000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy
shall include coverage for explosion, collapse, and underground hazards. The policy
shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned,
hired and non -owned vehicles assigned to or used in performance of the services.
The policy shall contain a severability of interests provision. If the Contractor has no
owned automobiles, the requirements of this Section shall be met by each employee
of the Contractor providing services to the City under this contract.
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C. Except for any Contractor Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the City
of Aspen's officers and employees as additional insureds. Every policy required above shall
be primary insurance, and any insurance carried by the City of Aspen, its officers or
employees, or carried by or provided through any insurance pool of the City of Aspen, shall
be excess and not contributory insurance to that provided by Contractor. No additional
insured endorsement to the policy required above shall contain any exclusion for bodily
injury or property damage arising from completed operations. The Contractor shall be solely
responsible for any deductible losses under any policy required above.
d. The certificate of insurance provided to the City of Aspen shall be completed
by the Contractor's insurance agent as evidence that policies providing the required
coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed
and approved by the City of Aspen prior to commencement of the contract. No other form
of certificate shall be used. The certificate shall identify this contract and shall provide that
the coverage afforded under the policies shall not be canceled, terminated or materially
changed until at least thin 30da s prior written notice has been given to the City of
Aspen. .
e. In addition, these Certificates of Insurance shall contain the following
clauses:
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above -described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any form of policy.
Any and all deductibles in the above -described insurance policies shall be assumed
by and be for the amount of, and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done."
Certificates of Insurance for all renewal policies shall be delivered to the Architect at
least fifteen (15) days prior to a policy's expiration date except for any policy expiring on the
expiration date of this Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coverage, conditions, and minimum limits shall constitute a material
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breach of contract upon which City may immediately terminate this contract, or at its
discretion City may procure or renew any such policy or any extended reporting period
thereto and may pay any and all premiums in connection therewith. All moneys so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or damaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidence, theft or
vandalism, any work done by Contractor in rebuilding or restoring the work shall be paid
for by City as extra work under Paragraph 8 above. If, however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (20%) percent
of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel
this Contract and, in such event, Contractor shall be paid the reasonable cost, including
net profit to Contractor in the amount of ten (10%) percent, of all work performed by
Contractor before such cancellation.
17. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and may be personally delivered or given or made by
United States mail addressed as follows:
To City:
City of Aspen
427 Rio Grande Place
Aspen, Colorado 81611
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To Contractor:
North Peak Inc.
305 Main St., Suite A
Grand Junction, CO 81501
subject to the right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or certified
matter, addressed as above provided, with postage thereon fully prepaid.
18. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final acceptance
of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third parry warranty contracts (to be
entered into by City).
19. Licensure of Contractor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado, and
if applicable, in the County of Pitkin.
20. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No
agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the
employee, agent or servant of the City. The City is interested only in the results obtained
under the Contract Documents. The manner and means of conducting the Work are under
the sole control of the Contractor. None of the benefits provided by the City to its employees
including, but not limited to, worker's compensation insurance and unemployment
insurance, are available from the City to the employees, agents or servants of the Contractor.
The Contractor shall be solely and entirely responsible for its acts and for the acts of the
Contractor's agents, employees, servants and subcontractors during the performance of the
Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
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OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS
EARNED PURSUANT TO THE CONTRACT.
21. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities under
this Contract nor subcontract to others its rights and responsibilities under this Contract,
and any attempt to do so shall be void and constitute a material breach of this Contract.
22. Successors and Assigns. Subject to paragraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of, City and Contractor and their
respective successors and assigns.
23. Entire Contract. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior Contracts
between City and Contractor respecting such matters.
24. Waivers. No waiver by City or Contractor of any default by the other or
of any event, circumstance or condition permitting either to terminate this Contract shall
constitute a waiver of any other default or other such event, circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding; and no failure or delay by either City or Contractor to exercise any right
arising by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
25. Remedies Non -Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or permitted,
but each shall be cumulative and shall be in addition to every other remedy.
26. Governing Law. This Contract shall be governed by, and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
27. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in connection
with such action from the non -prevailing party.
28. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the provisions of this Contract
are declared to be severable.
29. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin, age, marital
status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or
Vietnam era veteran. The Contractor will take affirmative action to insure that applicants
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are employed, and that employees are treated during employment without regard to their
race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Vietnam era veteran. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
30. Prohibited Interest. No member, officer, or employee of the City of
Aspen, Pitkin County or the Town of Snowmass Village shall have any interest, direct or
indirect, in this Contract or the proceeds thereof.
31. Warranties Against Contingent Fees, Gratuities, Kickbacks and
Conflict of Interest:
a. The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon a Contract or understanding for a
commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection with any decision, approval,
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Contract or to any solicitation or proposal therefor.
C. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited from
inducing, by any means, any person employed under this Contract to give up any part of the
compensation to which he/she is otherwise entitled. The Contractor shall comply with all
applicable local, state and federal "anti -kickback" statutes or regulations.
32. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year, nothing herein shall be construed as an obligation by the
City beyond any amounts that may be, from time to time, appropriated by the City on an
annual basis. It is understood that payment under any contract is conditional upon annual
appropriation of funds by said governing body and that before providing services, the
Contractor, if it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
33. Worker Without Authorization — CRS $8-17.5-101 & 424-76.5,-101.
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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 Contractor 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.
.4 "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.
.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, Contractor certifies and represents that at this time:
1. Contractor 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. Contractor has participated or attempted to participate in either the e-verify
program or the department program in order to verify that new employees are not
workers without authorization.
Contractor hereby confirms that:
CC5-971.doc Page: 11
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1. Contractor shall not knowingly employ or contract with a worker without
authorization 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 a worker without authorization to perform work under the Public
Contract for Services.
3. Contractor 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. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Contractor shall:
1. Notify such subcontractor and the Owner within three days that Contractor has
actual knowledge that the subcontractor is employing or subcontracting with a
worker without authorization: and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not
stop employing or contracting with the worker without authorization; 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 a
worker without authorization.
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.
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 Owner may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for actual
damages to the Owner arising out of Contractor'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.
CC5-971.doe Page: 12
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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.
34. Electronic Signatures and Electronic Records 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.
CC5-971.doc Page: 13
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IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for
Construction on the date first above written.
APP �QnA4::TO FORM:
By fah;un�
City Attorney
ATTESTED BY:
rr ..PYr,0)pe44 b
8/4/2023 111:28:34 AM MDT
CITBy:�F,, §Rf,,N, COLORADO
>*,
Title: city Manager
CONTRACTOR:
By: Levi Higgs
Title: Project Manager
General Conditions for Construction Contracts and Special Conditions can be found on
City of Aspen Website. Purchasing I Aspen. CO
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.
CC5-971.doc Page: 14
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF
) SS.
COUNTY OF
On this day of , 20 , before
me appeared
to me
personally known, who, being by me first duly sworn, did say that s/he is
of
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.
Notary Public
Address
My commission expires:
CC5-971.doc Page: 15
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EXHIBIT A
2023-204rev1 IT Data Center Cooling
Project ITB Information and Pricing
NORTH
PEAK
North Peak, Inc
970-812-7970
305 Main St., Suite A
Grand Junction, CO 81501
www.northpQakcc)nstruction.com
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Cover Letter
North Peak, Inc
305 Main Street, Unit A
Grand Junction, CO 81501
July 14, 2023
City of Aspen, Purchasing Office
Attention: Asal Vojdani
427 Rio Grande Place
Aspen, CO 81611
RE: 2023-204revl IT Data Center Cooling
Dear Asal and team,
We are excited to share our proposal for your data center cooling and engineering office project. North Peak, Inc has been
a General Contracting business since 2008.Our experience ranges in projects from custom homes and multi -family
building projects to commercial buildings and tenant finishes. Our staff and subcontractors bring the knowledge and
experience needed to complete every project big or small efficiently in a first-class manner.
The enclosed documents include our ITB Summary, Scope of Service, refences, team qualifications, project examples,
and pricing. We have received, reviewed, and acknowledge addendums 1 through 7 to the ITB.
Thank you for the opportunity to continue doing business with the City of Aspen.
Sincerely,
J
90
Kevin Young Jeremy Haptonstall Levi Higgs
President Director of Operations Project Manager
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ITB Summary
Project Definition:
Replacement and addition of cooling systems for the City of Aspen's IT Data Center
1.1 Client and Project Information
Name of Client/Organization
Time Schedule dates
Questions Addendums posted RFP due
due
7/7 6/ 19 # 1, 6/21 #2 7/ 14
6/22 #3 & 4, 6/26 #5
& 6, 6/28 #7
Name of Project
2023-204rev1 IT Data Center Cooling
Project Location
City, Zip
Contact Person
County
Asal Vojdani
Project No.
720-589-4943
asal.vojdani@aspen.gov
Project Description:
Removal and replacement of the existing in rack cooling system in the IT data center.
Architect Selection Process: (selected Per bid documents)
Charles Cunniffe Architects
Pre -design work completed to date (or) required:
Per ITB documents mechanical plans are complete.
Timeline of Project: Required completion by December 1, 2023
Award Date: Start Construction: Bonding:
TBD TBD 100% Performance & Payment Bond
Approval Requirements:
Project Team - 10 Points References — 30 Points
Qualifications & Experience — 10 Points Fee Proposal — 40 Points
Approach to Project — 20 Points
Additional Requirements and /or Conditions: North Peak Contact for Procurement Process:
Review Exhibits A through E. Levi Higgs, Project Manager
Received and Reviewed Addendums 1-7. Phone: 970.331.5163
Email: Levi@northpeakconstruction.com
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Section 1: Introduction
North Peak Construction Main Office location:
Address: 305 Main St, Suite A, Grand Junction, CO 81501
Phone: 970.812.7970
Hours: 8am-4pm
Description of North Peak
North Peak, Inc. (referred to as North Peak from here forward) is a corporation, owned by Kevin Young.
North Peak is a Licensed General Contractor, providing services from start to finish through subcontracted and
self -performed work.
Mission Statement
To provide quality workmanship and customer service while maintaining the highest level of professionalism,
honesty, and fairness in our relationships with our customers, employees, and vendors. To grow by constantly
striving to exceed each client's expectations in providing useful and significant products, services, and
solutions to markets we currently serve while expanding into new areas that build on our competencies and
client interests.
Principals
Inspire: North Peak, Inc wants this to be a safe place where all team members lead by example.
Be Dependable & Accountable: We are dedicated and committed to the success of our clients, partners, and
employees.
Be World Class: Product, services, and processes that are among the best of the best. This designation denotes
standard -setting excellence in terms of design, performance, quality, and client satisfaction and value
when compared with all similar items from anywhere in the world.
Dealing with Issues Head on: We never procrastinate or run from an issue that may arise, instead we are
committed that the team will pull together and deal with any issue head on.
Business with Passion and Purpose: As a team we need to cultivate our confidence, challenge our fears and
be able to align them with our strategic objective.
Exceed Client Expectations: Clients will always come first when making any decision.
Introduction of Management and Team Members:
Kevin Young: President
Phone: 970.812.7973 Email; Kci,iii.iioi-lh eaklnc,@ »tal , coin
Kevin moved to Grand Junction and attended Mesa State College while studying business. He continued his
career path in business while working in both commercial and residential construction and starting North Peak,
Inc. in 2008.
Jeremy Haptonstall: Director of Operations
Phone; 970.629.8767 Email; ,Ierenn hrr zsrnr11�1 c�crkirrc�a]��rt 1 _cnnr
Jeremy is a Colorado native who has worked in the construction industry for over 25 years. He began his career
in Steamboat Springs, Colorado, where he developed and fine-tuned his building skills on high -end, turnkey
custom homes., where he ventured into commercial construction and grew his construction knowledge and
skills. He successfully ran and operated his own construction company for several years before coming home
to the Western Slope and joining the quickly expanding team at North Peak.
Levi Higgs: Project Manager
Phone; 970.331.5163 Email: Levi tot jlortlil3 sac kcoiisvp3iCj�n11..com Levi has 20 years' experience in project and
facility management working in both the private and governmental sectors. Sharpening his skills in the field,
Levi has worked on residential remodels to large-scale projects in event venues and project design and
development.
Michael Holm: Site Superintendent
Mike has over 25 years of construction knowledge specializing in commercial construction. Spending most of
his career in the San Jose valley of California focusing his time supervising hotel and commercial builds as
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well as tenant finishes. Mike has over 15 years of experience as a project superintendent and has been North
Peaks Framing and Self Perform Manager for the last 12 months.
Matt Sebwartz: Site Superintendent
Matt started woodworking and building things at an early age learning from his dad in his home shop. His first
job was in a professional millwork shop producing a variety of custom millwork projects such as doors and
spiral staircases. Wanting to expand his skillset, Matt attended Colorado Mesa University for drafting and
engineering. Matt had the opportunity to work with engineers and designers around the world on both
architectural and civil projects, increasing his experience in project management, standards, and attention to
detail that North Peak requires on all projects.
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Section 2: Experience and Qualifications
Project Sample 1:
Project naille: The Peaks at Redlands Mesa Buildings A-F
Project Description: 4-unit luxury town home project consisting of 40 total units.
Services Provided: Project Management. On -site Supervision, Self -performance of framing, millwork, window,
and door installation.
Cost of Proiect: $10.4 Million. Change orders were driven by owner upgrades and finish selections from North
Peaks upgrade packet. Change order upgrades averaged $40k per unit.
Organizational Structure: Service delivery under contract
Key assigned in-house shaft': Mike Holm- Framing Manager. Jimmy Giles- Project Superintendent. Dave
Hancock- Preconstruction Manager. Jeremy Haptonstall- Project Manager.
Subcontracts: MEP's, Life Safety, Specialized finishes.
Sclieclule history: See Attachments.
Architect: Apex Design and Drafting
Owncr: The Peaks at Redlands Mesa LLC — 970-812-2933
Continuing services: North Peak provides a one-year warranty on their projects. Also included is stormwater
management, organization, and management of landscaping.
A. Timeliness: Built and maintained a master schedule and distributed to trades from preconstruction through
close-out. Maintained a weekly construction schedule with considerations for material availability, weather,
and other unforeseen items. Maintained a monthly budget meeting with ownership to communicate budget
and schedule.
B. Budget Considerations: Extensive work in preconstruction in the conceptual estimate explored all cost saving
analysis to meet previously agreed upon budgets with ownership. We installed cost -saving exercises for
materials in attempts to hedge the market at a time of volatility. These included prepayments for our
subcontractors to buy materials and equipment in bulk to ensure stabilized pricing. Cost savings were also
explored and executed by our self -performing crews, saving costs on site management, site maintenance and
numerous carpentry scopes.
C. Quality: North Peak maintained the quality of this project with adequate on -site direction and supervision.
Communications were distributed daily to both management and field labor to uphold expectations of quality.
Weekly QA/QC walkthroughs were performed by project manager and site supervisors and distributed with
weekly schedule updates. All items included in the corrections/to do list were followed up by the site
superintendent at the weekly site meeting. At the time of unit closeouts final punch lists were distributed and
retention was withheld until 100% satisfaction was achieved.
D. Service Disruption: This was mitigated by proper communication and planning by our project management
team and local facilities management. Road cuts were made for water and sewer connections and
improvements and coordinated and completed promptly. Facility disruptions were minimal as utilities were
80% complete before vertical construction phases began.
E, Project acccl)fabilily: North Peak maintained a gallery of project photos that were available for viewing in a
weekly project update email. This process minimized questions about production and quality of products
being installed. The ownership group was invited to view the project at any time with North Peaks
Superintendents. Punch lists were distributed by a combination of owners' representation and our on -site
supervision. At the time of project handoff, we administered an orientation and acceptance checklist, this was
then checked off and signed by North Peak representation and owners' representation.
F. Compliance: North Peak has developed a close working relationship with our vendors, installers, and our
management team. This relationship has guaranteed we complied with standards for installation and
maintenance. We kept open lines of communication with our architects and engineers to address any details
or potential deficiencies we foresaw to remedy before building inspections. The foresight helped us to achieve
100% compliance.
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Project Sample 2:
Project Name: CBI Grand Junction Office Remodel
Project Description: Interior remodel of conference rooms & open office space to create private offices.
Services Provided: Project Management, Site Supervision, Self -perform carpentry scopes.
Cost Of Project: Original Budget: $185,820.06 Final C'Osl: $185,820.06
Change Order Totals: $0 (None)
Organizational Structure: Service Delivery Under Contract.
Key Assigned In-house Sl.,if'f: Project Manager: Levi Higgs, Site Superintendent: Matt Schwartz, North Peak
Field Crew: Mike Holm & Nate Seitz
Subcontracts: MEP's, Life Safety, Metal framing, Specialized finishes.
Architect: Billy Harris, Blythe Group + CO.
Owner: Colorado Department of Public Safety, Michael Moore
Continuing Service: North Peak Construction offers 1 year warranty on all supplied materials and workmanship.
A. 'i i:ticlitiess: Built and maintained a master schedule and distributed to trades from preconstruction through
close-out. Maintained a weekly construction schedule with considerations for material availability weather,
and other unforeseen items. Maintained open communication with ownership to communicate budget and
schedule.
B. Midget Coil sidcrations: At preconstruction conceptual estimating our team met with ownership to digest and
explore cost saving materials and labor without compromising overall quality to the project. Bulk savings
were explored for finish items and labor price reductions due to the five homes' proximity. These areas were
balanced by the project manager and site superintendent throughout the project to streamline construction
activity and reduce waste or overage.
C. Quality: North Peak maintained quality on this project with adequate on -site direction and supervision.
Communications were distributed daily to both management and field labor to uphold expectations of quality.
Weekly QA/QC walkthroughs were performed by project manager and site supervisors and distributed with
weekly schedule updates.
D. Service Disruplion: This was mitigated by proper communication and planning by our project management
team and local facilities management. All utilities were in place at the time of construction, so disruptions
were nonexistent for this project. The only delay was on the doors and frames due to long lead times and the
tight completion schedule, we were able to complete all other aspects of the project and install temporary
doors until the specified doors arrived.
E. N- eject :tccciii ,,I) i I i i \ : North Peak maintained a gallery of project photos that were available for viewing through
the owner portal on Buildertrend. This process minimized questions about production and quality of products
being installed. The owner was invited to view the project at any time with North Peaks Superintendents.
Punch lists were distributed by a combination of owners' representation and our on -site supervision. At the
time of project handoff, we administered an orientation and acceptance checklist, then checked off and signed
by North Peak and owners' representation.
F. C'oliipliunce: North Peak has developed a close working relationship with our vendors, installers, and our
management team. This relationship has guaranteed we complied with standards for installation and
maintenance. We kept open lines of communication with our architects and engineers to address any details
or potential deficiencies we foresaw to remedy before building inspections. Foresight helped us to achieve
100% compliance.
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Project Sample 3:
Project name: CSFS Gunnison Office Remodel Gunnison, Colorado
Project Description: Remodel of existing residence into offices.
Services Provided: Pre -Construction Services. Project Management. On -site Supervision. Project Coordination.
Self -performance of framing, millwork and window and door installation.
Cost of Project: Orighial Budget: $449,187 P-inal r ,sl: Pending Completion
Change Order Totals: $21,860.98
Change orcicr 1: Additional Data equipment and Cabling. Terminate data and cabling at data closet and offices.
Change order 2: Add permanent crawl space access to IT closet at interior of the dwelling. Remove and replace
cut, broken or compromised wall studs. Remove and replace cut, broken or compromised floor joists under
former bathroom partition.
Change orcicr 3: Add truss screws at rafters. Flooring labor and material increase. Add electric heaters and
electrical provisions to shop. Dispose of refrigerators. Add pad, electrical, and gas provisions for generator.
Transport and set generator and complete installation.
Organizational Structure: Service Delivery Under Contract.
Key assigned in-house staff: Jeremy Haptonstall- Project Manager. Mike Holm- Site Superintendent. North Peak
Field Crew- Nate Seitz, Vinnie Vodehnal.
Subcontracts: MEP's, Life Safety, Specialized finishes,
Architect: CSU Facilities Management
Owner: Colorado State University — Steve Kellums
Continuing Services: North Peak Construction offers 1 year warranty on all materials and workmanship.
A. Timeliness: Built and maintained project master schedule and distributed to trades and vendors. Updated
schedule weekly to reflect gains or lags in the master schedule. Maintained a weekly meeting with on -site
supervisors and site labor to account for upcoming project construction direction. After the meeting schedules
were updated and passed along to managers and supervisors.
B. Budget Considerations: At the time of conceptual estimating North Peaks preconstruction team balanced
alternatives and cost saving analysis while maintaining quality materials for the project. Project Manager and
subcontractors' managers communicated all budget deviations, as necessary. North Peak maintained a weekly
meeting with ownership and project management to update any changes in budget.
C. Quality: North Peak maintained quality on this project with adequate on -site direction and supervision. Our
QA/QC team maintained an extensive gallery of project photos and distributed punch lists and areas in need
of attention or correction to appropriate trades daily through Buildertrend. After distribution items were
followed up and eliminated from the list when in compliance and complete.
D. Service Disruption: The project of relevance has no service disruptions at the time of this submission, which
is approximately 90% completion.
E. Project acceptability: North Peak Construction updated ownership with project photos and made punch list
items visible using Buildertrend. At each phase of construction, we invited ownership to a site walk through
to address any concerns with quality or function.
F. Compllaiice: North Peak considered our preconstruction phases to research specified material and distribute
those details to project management and &-site management. Architect and engineered detail's were
communicated to sales, supervision, and field labor to achieve acceptability. The diverse knowledge and
experience of our project management and field supervision ensured approval of applicable building codes.
Communication from architects, engineers and building officials through North Peak ensured we met
compliance in all areas.
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Project Sample 4:
Project name; Grand Mesa Flats Apartments Delta, Colorado
Project Description: 72-unit apartment project, consisting of 9- 8-unit buildings and a clubhouse/office.
Services Provided. Pre -Construction Services. Project Management. On -site Supervision. Project Coordination.
Self -performance of framing, millwork and window and door installation.
Cost of Project: Original Budget: $11.5 Million. Final Cost: $12.2 Million.
Change Order Totals: $700k.
C li rr it ge order 1, Additional site and street work required by the City of Delta. Included overlay in both lanes on
Crawford Ave and south lane of Stafford.
Chi111gc order 2: Added waterproof membrane to elevated decks.
Change order 3: Modified door openings in ground level units to accommodate ADA requirements suggested by
City of Delta Consultant.
OrganiZiitlonill 5trrl[:UIN: Service Delivery Under Contract.
Key a,"ignc({ in-11OUSC'StuH'; Jeremy Haptonstall- Project Manager. Gary Steele- Asst Site Superintendent. Nate
Seitz- Site Superintendent. North Peak Field Crew- Matt Schwartz QAIQC, William Austin, Tobias Razor,
Vinnie Vodehnal.
Subcontracts: MEP's, Life Safety, Specialized finishes,
Reference For Owner and Architect: Architect -Anderson Drafting and Design-719-248-9374
Owner: Rimrock Construction- Scott Neff- 801-748-1625
Continuing Services: North Peak Construction offers 1 year warranty on all materials and workmanship.
A. Timeliness: Built and maintained project master schedule and distributed to trades and vendors. Updated
schedule weekly to reflect gains or lags in the master schedule. Maintained a weekly meeting with on -site
supervisors and site labor to account -for upcoming project construction direction. After the meeting schedules
were updated and passed along to managers and supervisors.
13. 13uilget Considerations: At the time of conceptual estimating North Peaks preconstruction team balanced
alternatives and cost saving analysis while maintaining quality materials for the project. Project Manager and
subcontractors' managers communicated all budget deviations, as necessary. North Peak maintained a weekly
meeting with ownership and project management to update any changes in budget.
C. Quitrlity: North Peak maintained quality on this project with adequate on -site direction and supervision. Our
QAIQC team maintained an extensive gallery of project photos and distributed punch lists and areas in need
of attention or correction to appropriate trades daily through Procore. After distribution items were followed
up and eliminated from the list when in compliance and complete.
D. Service Disruption: The project of relevance had multiple service disruptions ranging from street closures,
water, electrical and natural gas services. North Peak notified appropriate personnel and through planning and
scheduling could minimize disruptions and execute work promptly.
E. PI"0 i cct accep l a b i l i t y : North Peak Construction updated ownership with project photos and made punch list
items visible using Procore. At each phase of construction, we invited ownership to a site walk through to
address any concerns with quality or function. At handoff, we administered an orientation and acceptance
check list, then checked off and signed by ownership, construction management and property management.
la. Compliance: North Peak considered our preconstruction phases to research specified material and distribute
those details to project management and on -site management. Architect and engineered details were
communicated to sales, supervision, and field labor to achieve acceptability. The diverse knowledge and
experience of our project management and field supervision ensured approval of applicable building codes.
Communication from architects, engineers and building officials through North Peak ensured we met
compliance in all areas.
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ORGANIZATION
Name and Location
■ Identify the full legal name of your organization.
«North Peak, Inc>>
• List all other names under which your organization currently does business and, for each name,
identify jurisdictions in which it is registered to do business under that trade name.
«North Peak, Inc>>
• List all prior names under which your organization has operated and, for each name, indicate the date
range and jurisdiction in which it was used.
«North Peak Construction, LLC»
• Identify the address of your organization's principal place of business and list all office locations out
of which your organization conducts business. If your organization has multiple offices, you may
attach an exhibit or refer to a website.
005 Main St Grand Junction, CO 815010
Legal Status
• Identify the legal status under which your organization does business, such as sole proprietorship,
partnership, corporation, limited liability corporation, joint venture, or other.
«Corporation»
• If your organization is a corporation, identify the state in which it is incorporated, the date of
incorporation, and its four highest-ranking corporate officers and their titles, as applicable.
<<COLORADO))
• If your organization is a partnership, identify its partners and its date of organization.
«NA»
■ If your organization is individually owned, identify its owner and date of organization.
«Kevin Young>>
• If the form of your organization is other than those listed above, describe it, and identify its
individual leaders:
«NA >
■ Does your organization own, in whole or in part, any other construction -related business? If so identify
and describe those businesses and specify percentage of ownership.
«NA>>
• Does your organization own, in whole or in part, any other construction -related business, if so identify
and describe those businesses and specify percentage of ownership.
«NA»
Other Information
• How many years has your organization been in business?
15 Years>>
• How many Full-time employees work for your organization?
«16o
■ List the business license and contractor license or registration numbers for the Contractor's project
office that pertain to the project.
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«GC#2023102 I »,
■ Indicate whether your organization is certified as a governmentally recognized special business class,
such as a minority business enterprise, woman business enterprise, service -disabled veteran owned small
business, woman owned small business, small business in a HUBZone, or a small, disadvantaged
business in the 8(a) Business Development Program. For each, identify the certifying authority and
indicate jurisdictions to which such certification applies.
«NA»
EXPERIENCE
• Complete Exhibit D to describe up to four projects, either completed or in progress, that are
representative of your organization's experience and capabilities.
■ State your organization's total dollar value of work currently under contract.
$14,060,018»
• Of the amount stated in Section A.2.2, state the dollar value of work that remains to be completed:
«$13,000,000»
• State your organization's average annual dollar value of construction work performed during the last
five years.
$10,000,000 o
CAPABILITIES
• List the categories of work that your organization typically self -performs.
«Construction Management, Division 6, Division 09»
• Identify qualities, accreditations, services, skills, or personnel that you believe differentiate your
organization from others.
«50+ yrs. combined experience in Residential, Commercial and Multifamily. »
• Does your organization provide design collaboration or pre -construction services? If so, describe those
services.
«Yes, Design Build and Preconstruction Services offered utilizing Drafting Software to mitigate
costs. »
• Does your organization use building information modeling (BIM)? If so, describe how BIM and identify
BIM software that your organization regularly uses.
Building Information Modeling (BIM) is the holistic process of creating and managing
information for a built asset North Peak utilizes Bluebeam and AutoCAD software. o
• Does your organization use a project management information system? If so, identify the system.
North Peak utilizes Buildertrend software. »
Section 3: Approach to Project
Overall Considerations:
Though out the scope of the project North Peak will make reasonable accommodations protect the existing
equipment and workstations from construction hazards such as dust and debris. We will coordinate with the
staff to coordinate work hours and ensure they are aware of times when there may be excessive noise to
mitigate the impact of the project on the daily operations and productivity of the staff in the building.
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IT Center:
North Peak will coordinate with Snyder Electric, Critical Facilities Technology, Climate Control, an electrician,
and other as needed subcontractors to ensure everything is completed on schedule.
Section 4: References
Client References:
• Steve Kellums — P.E. Project Manager for CSU — 970.556.7384 (CSFS campus - Gunnison)
Michael Moore —Capital Development and Planning Unit — 720-688-3429 (CBI Office Expansion -
Grand Junction Campus)
• Darin Carei — Synergy builders — 970.234.0708 (Development Partner)
Section 5: Pricing & Schedule
North Peak anticipates the IT cooling project to last 3 months from Preconstruction to substantial
completion.
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BID PROPOSAL FORM
PROJECT NO.: 2023-204 revs
BID DATE:
PROJECT: IT Data Center Cooling
PROPOSAL SUBMITTED BY: North Peak Inc
CONTRACTOR
CONTRACTOR'S PROPOSAL
TO: The Governing Body of the City of Aspen, Colorado
The undersigned responsible bidder declares and stipulates that this proposal is made in good
faith, without collusion or connection with any other person or persons bidding for the same
work, and that it is made in pursuance of and subject to all the terms and conditions of the
advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid
documents including the plans and specifications for this bid, all of which have been read and
examined prior to signature. The bidder agrees to keep this bid open for Sixty (60)
consecutive calendar da s from the date of bid opening.
Submission of this proposal will be takers by the City of Aspen as a binding covenant that the
Contractor will finish construction within the time specified in the Special Conditions of this
contract document.
The City of Aspen reserves the right to make the award on the basis of the bid deemed most
favorable to the City, to waive any informalities or to reject any or all bids.
The City shall not pay the Contractor for defective work and/or for repairs or additional work
required for successful completion of the project. All work not specifically set forth as a pay
item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in
connection therewith shall be included in the prices bid for the various items of work. Prices
shall include all costs in connection with successfully completing the work, including furnishing
BP1-971.doc *Bpi
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Contractor's Initials
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all materials, equipment and tools, and performing all labor and supervision to billy complete the
work to the city's satisfaction,
Poor quality and workmanship shall not be, paid for by the City, Such work product must be
removed immediately and replaced property at no cost to the city,
The, basis of payment shall be the actual amount of materials furnished and work done. The
Contractor agrees to mare, no claims for damaAeN, anticipated profit, or otherwise, on account of
any differences between the, amount of work actually pe,rfformed and materials actually furnished
and the, estimated amount of work,
The City re,servas the, right to increase, or decrease, the, amount of work to be done, on the, basis of
the, bid unit price and up to pfus or rninus Twentr Five (25) Percent of the total bid.
By signing this document, Contractor certifies and represents that at this time,:
(i) Professional shall conf-tan the, employment eligibility of all employees who are
newly hired for employment in the United States; and
00 Profe,ssional has participated or attempted to participate in the, Basic Pilot
Program in order to verify that it does not employ illegal aliens,
I hereby acknowledge, receipt of ADDENDUM(s) numbered 1 through 7
PROJECT BID PRICIN[,
!Terse Nate; These 1yoJects yi-v to be imiced individual!v, brrt both mo'ects will
be a warded jo a sits le bidden. Allocalit r OBI & Profit yo 1ui'doita1l 1 between
the Lvo ec s is also a p reLittled as the ai•e behi x &0 trom MO .s•WMritfe
bud nets.
IT AIL ['TV ' ?!t COOLING PROJECT
$479,066.68
Total Rid in Numbers It Data Center Cooling Project:
Four hundred seventy-nine thousand and sixty-six
Total .Rid in Words. dollars and sixty-eight cents
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I acknowledge that in submitting this bid it is understood that the right to reject any and all bids
has been reserved by the owner.
Authorized Officer: Jeremy Ala tonsW ! , Title: _.Director of Operations
Full name signature: J[ _
Company address: 805 tMM01roeet, Suite A�
Grand Junction, CO 81501
Telephone number: . 970-812-7970
Email: Jeremy hap.northpeakinc@gmail.com _
Attested by;_—
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Contractor's Initials
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Subcontractor & Material Su leer List
Name:
Climate Controls ,Phone #: (970) 456-1166
Address: 1537 County Rd 130, Glenwood Springs, CO 81601
Service or Product: Mechanical
Name:
Address:
Service or Product:
Name:
Address:
Service or Product:
Name:
Address:
Service or Product:
Name:
Address:
Service or Product:
Name. -
Address:
Service or Product:
BP1-971.doc
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, Phone #:
, Phone #:
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Contractor's Initials
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Estimate — for IT room aroiect
Original Budget
Revised
General Requirements
Total $
Division 01 — General Requirements
$51,767.62
$44,133.04
Facility Construction
Division 02 — Existing Conditions
$948
$948.00
Division 05 — Metals
$6,000
$6,000.00
Division 08 — Openings
$4,800
$4,800.00
Division 09 — Finishes
$4,000
$4,000.00
MEP
— Mep Contingency
$4,000
$4,000.00
— HVAC
$320,867.00
$320,867.00
— Electrical
$26,000
$26,000.00
Site and Infrastructure
Division 31 — housekeeping pads
$3,200
$3,200
Sub -Total
$421,582.62
$413,948.04
Add Ons
Division 99 - Insurance, Fees, Contingency, OH&P
$103,758.44
$65,118.65
Contingency 10% of project budget
Total
$525,341.06
$479,066.68