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HomeMy WebLinkAboutresolution.council.037-24RESOLUTION 4037 (Series of 2024) 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 change order for the IT Data Center Cooling Project, 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 change order for $188,406.61 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 12" day of March 2024. 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 A the City of Aspen, Colorado, at a meeting held, March 12, 2024. Nicole Henning, City Clerk DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Change Order Form Revision 12/08/2021 I I T er r General Information Vendor Change Order Number Date of Issuance Project Name Project Number Project Completion Date Project Manager COA Account Code Project Information Description Of Service Description Of Change Order Contract Information Original Contract Amount Previous Change Orders) Change Order Amount (If Over 50!< Change Order To Be Presented To Council For Approval) North Peak Inc. 002 2/12/2024 IT Data Center Cooling Project 2023-204rev1 RESO: 2023415 12/31/2024 Evan Pletcher 510-11&8120MXXXX-51670 The City Hall server Room Cooling System project involves adding dedicated cooling to the data center via the addition of condensing units in the parking garage that run cooling equipment in the data center. North Peak Inc. is our general contractor overseeing and managing the completion of this project. The project team determined that the original engineered design to provide cooling to the Data center was not a viable solution due to constraints with condenser locations for the equipment. The team went back to the drawing board and worked together to design a new cooling system that fulfilled the key goals of the project and worked with available location for the condensers. Unfortunately, this system has proved to be more expensive to install that the previous system hence this change order. $479,066.69 50 $188,406.61 Page 1 of 2 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Change Order Form Revision 12/08/2021 Final Contract Amount (ll l%tIuding All Change Orders) Revised Completion Date Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 5. '6. Procurement Officer (Required) City Attorney (Required Based On Value Of Thresholds) City Manager (Required Based On Value Of Thresholds) $667,473.30 12/31/2024 DocuSigned by: bt�,V�, U -—46F8ABA15718492::: - -- - -- DocuSigned by: �4d Vim.. ti 466F766D8A5B4E6... DocuSigned by: 432FOA4OA55C4BD... DocuSigned by: L2DA4D214EE1942B... 2/26/2024 19:1;0:51 AM MST 2/23/2024 11:38;:43 PM MST Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy "Change Orders And Add Services Request" (page 30). Page 2 of 2 DocuSign Envelope ID: 62A4A20E-8BC5-484B-9522-5CDBAB25E52D � North Peak Construction ,� �1;� �QA•�L.I Aspen IT Project �E�4K CHANGE ORDER PROPOSAL Change Order Proposal No Scope Change Contractor North Peak Inc. Institution or Agency Aspen IT Project 01-23-038 ame 1 Date 2/12/2024 (enter information ONLY in YELLOWED cells) Change Order Bulletin No: Description of Work: (enter into text box) 1 Date 2/12/2024 Change of scope from a refrigerant system to a hydronic system as the original system speed would not work. Substantial change to total man hour i needs and material costs. ' r ' r i � , (Before completing this form, read instructions on reverse side.) PART I - WORK PERFORMED BY CONTRACTOR Line 1. Direct Labor Costs $ 3,600.00 Line 2. Labor Overhead (Direct Labor Burdens) ( 10% x Line 1) $ 360.00 Line 3. Total Contractor's Labor Costs (Lines 1 and 2) $ 3,960.00 Line 4. Direct Materials Costs $ 250.00 Line 5. Materials Overhead (Delivery costs &Taxes) ( 5% x Line 4) $ 12.50 Line 6. Total Materials Costs (Lines 4 and 5) $ 262.50 Line 7. Total Equipment Costs $ Line 8. PART I -TOTAL CONTRACTOR'S L, M & E COSTS (Lines 3, 6 and 7) Part I $ 4,222.50 PART II - WORK PERFORMED BY SUBCONTRACTOR Line 9. Direct Labor Costs $ 0.00 Line 10. Labor Overhead (Direct Labor Burdens) ( 0% x Line 9) $ 0.00 Line 11. Total Subcontractor's Labor Costs (Lines 9 and 10) $ 0.00 Line 12. Direct Materials Costs 0.00 Line 13. Materials Overhead (Delivery costs &Taxes) ( 0% x Line 12) $ 0.00 Line 14. Total Subcontractor's Materials Costs (Lines 12 and 13) $ 0.00 Line 15. Total Subcontractor's Equipment Costs $ 0.00 Line 16. Total Subcontractor's L, M & E Costs (Line 11, 14 and 15) $ 0.00 Line 17. Subcontractor's Overhead (Indirect costs) (10.0% x Line 16) $ 0.00 Line 18. Subcontractor's Profit (on line 1s) 0% Addition or Deduct 0 $ 0.00 Line 19. PART II -TOTAL SUBCONTRACTOR'S COSTS (Lines 16, 17 and 18) See CC Change Orden Part II $ 169,583.96 PART III - CONTRACTOR'S OVERHEAD 8 PROFIT Line 20. Contractor's Overhead (Indirect costs) (10.0% x Part I Total) $ 422.25 Line 21. Contractor's Profit ( 5.0% x Part I Total) $ 211.13 Line 22. PART III -TOTAL CONTRACTOR OVERHEAD &PROFIT (Lines 20 and 21) Part III $ 633.38 PART IV - CONTRACTOR'S MARKUP ON SUBCONTRACTOR Line 23. Contractor's Commission on Subcontractor ( 5.0% x Part II Total) $ 8,479.20 Line 24. Contractor's Profit (on Line 1s) DAddition or Deduct 0 $ 0.00 Line 25. PART IV -TOTAL CONTRACTOR MARKUP ON SUBCONTRACTOR (Lines 23 and 24) _Part IV $ PART V - SUBTOTAL C.O. PROPOSAL (Parts I and II and III and IV) Part V (subtotal $ PART VI - CONTRACTOR'S BOND COST ( 3% x Part V Total) Part VI $ PART VII -GRAND TOTAL CHANGE ORDER PROPOSAL (Sum of Totals: Parts V and VI) Grand Total $ PART VIII •CONTRACT TIME (CALENDAR DAYS CHANGED) 4EXTENDED �NO CHANGE REDUCED 8,479.20 182,919.04 5,487.57 188,406.61 0 THE TIME OF COMPLETION MAY CHANGE BY THE CA ENDAR DAYS IND CATED (ABOVE FROM THE TOTAL NUMBER OF DAYS LISTED IN THE CONTRACTOR'S AGREEMENT TO COMPLETE THE ENTIRE PROJECT. CONTRACTOR'S CERTIFICATE: This is to certify that, to the best of my knowledge and belief, the cost/price data submitted in response to the listed C.O. Bulletin, are accurate, complete and current as of 2/23/2024 Firm: North Peak Inc. Name &title Jeremy Haptonstall Director of Operations Signature: L�_ -- *Date: '� 2(23l2024 * The proposal shall remain in full force and effect for a period of City of Aspen Owners Rep (or Authorized Delegate) Date: This is to certify that I have analyzed the proposal and find, to the best of my knowledge and belief, that the proposal represents current, fair, factual and competitive cost/price data. Firm: NA Name &title: NA Signature: NA Date: NA calendar days from date of signature. State Form SC-6.312 (Rev. 7/2015) DocuSign Envelope ID: 62A4A20E-8BC5-484B-9522w5CDBAB25E52D Change Order Form Revision 12/08/2021 CITY OF ASPEN General Information Vendor Change Order Number Date of Issuance Project Name Project Number Project Completion Date Project Manager COA Account Code Project Information North Pea!< Inc. 001 12/18/2023 IT Data Center Coiling Project 2023-204rev1 RES0:2023-115 12/1/2023 Evan Pletcher 510-118-81200-XXXXX-51670 Change Order Form Description Of Service The City Hall server Room Cooling System project involves adding dedicated cooling to the data center via the addition of condensing units in the parking garage that run cooling equipment in the data center. North Peak Inc. is our general contractor overseeing and managing completion of this project. Description Of Change Due to long lead times and an ongoing discussion over Order equipment specifications that will work for the Data Center, project completion has been delayed. This change order serves to extend the contract termination date one year to 12/31/2024. Contract Information Original Contract Amount Previous Change Orders) $479,066.69 $0 Page 1 of 2 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Change Order Form Revision 12/08/2021 Change Order Amount If Over 50k Change Order To Be Presented To Council For Approval) Final Contract Amount (Including All Change Orders) Revised Completion Date Signature 1. Contractor (Required) 2. Project Manager (Required) 3. Department Head (Required) 4. Procurement Officer (Required) 5. City Attorney (Required Based On Value Of Thresholds) 6. City Manager (Required Based On Value Of Thresholds) $0 $479,066.69 12/31/2024 r--oocus�anea ay: S �770A2040140E4A2.-___.-_ —Dbuf ocuSignedb/y: —BB9E6A620A634BA..1 —DocuSigned by: pit voyoc�.: DocuSigned by: 32FOA40A55C4BD... DocuSigned by: &P. tn7 2DA4D214EE1942B... 12/19/2023 18:53:18�AM MST 1Z/19/2023 12/19/2023 I 12:26:03 PM MST 9:17':23 AM MST 12/21/2023 19:30 Original contract, if applicable all other change orders, and vendor quote for requested change order must be attached to this document. For additional information: See Procurement Policy "Change Orders And Add Services Request" (page 30). :46 AM MST Paae 2 of 2 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 1tESOLUTION 9115 (Series of 2023) it I NI # I I I i Wt1ER.EAS, 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 41111 FBE CITY OF ASPEN, COLORAD09 That the City Council of the +City of Aspen hereby approves that contract for, 5479,066.69 between the City of Aspen and North Peak Inc. a copy of which is annexed hereto and incorporated herein and does hereby authorize the C Aspen. ity Manager to execute said agreement on behalf of the City of II`�TRC�DUCED, READ, ��+iD ADt)PTED by the City Council of the City of Aspen on the 22" ' day of August 2023. �'orre, I�a�or 1, Nicole :Henning, duly appointed and acting City Clerk do .certify that the Foregoing is a true and accurate copy of that resolution adoptheld, August 22, 2023 ed lay the City Council of the Caty of Aspen, Colorado, at a meeting . Nicole Henning, City clerk I DocuSign Envelope ID: 62A4A20E-8BC5-484B-9522-5CDBAB25E52D i 1 Y OF ASP5N 1�ONT'RACT FOR CON�TRUCTIUN (Short Form) 2023-204rev1 Reso 2023-115 on 8/22/23 THJ % UUPNTRAU'I', made and entered into on July 25th9 20235 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 furzush all labor, materials, tools, machinery, equipment, temporary utilities, transportation and any other facilities needed therefor, and to complete in a good, workrnanlike 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 fiflly set forth (tbe "Project"). �. Plang and Speci�icaiions; +Compliance with Laws. The Project is to be constructed and completed in strict conformance witlx the Scope of Work and/or Proposal appended hereto for the sane approved in writing by the parties hereto. The Project shall also be constructed and completed in strict compliance with all laws, ordinances, Mules, regulations of all applicable goveniental authorities, and the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4- )&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 tlxc supplying of all labor, materials and services required by this Contract, and the constroction and completion of the Project, City agrees to pay Contractor a sum not to exceed four4mndred seventy-nine thousand, si�tymsix dollars and sixty-eight cents ($479,066.68),DOLLARS or as shown on Exhibit "A" 4. Commencement and Completion. Contractor agrees to commence work hcrcunder itnmediutely 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 111, 2023, subject to such delays as are pernnissible under the "Extension of Time for Completion" section of this Contract. S. 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 CC5-y7l.doc Page: 1 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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 Proj ect, 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. d. 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 identifited, 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. ?. �Iierarchy 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. S. Changes in the i�Vork. Should the City at any lime 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 array 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 osfail 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 CCS•97 a .dac Page: 2 DocuSign Envelope ID: 62A4A20E-8BC5-484B-9522-5CDBAB25E52D 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. I4. Extension of 'Timie 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 t%s 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 eveui of any cancellation by City in accordance with this section, Contractor shall be paid the actual costs of the wank 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. l.doc Page: 3 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 12. .Acceptance by City. No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any worts 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 i 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. Indem�cationContractor agrees to indeixinify and hold hanmloss 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 die 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 whale 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. CCS-97Ldoc Pgge: 4 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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 terns of this Contract by reasonn 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. Do Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintains, the minimum insurance coverages listed in the Supplemental Conditions. If the Supplemental Conditions do not set forth minimum insuransce coverage, then the rninimum coverage shall be as set forth below. Such coverage maintained with forms and insurance acceptable to City. All coverage shall be procured and maintained 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. Yi�orker'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 DOLL�4RS ($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 shale limits of TWO MILLION DOLLARS ($2,000,00u.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 farm 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 Autonaobile 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. contain a severability of interests provision. If the Contractor has no The policy shad cont owned automobiles, the requirements of this Section shall be met by each employee of the Contractor providing services to the City under this contract. ces-s7l .doG Page: s DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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 cerif cats 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 th%'3Q days prior written notice has been given to the City of Aspen. e. In addition, these Certificates of Insurance shall contain the following clauses: Undcrwriters 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 u�suzance companies issuing the policy or policies shall have no recourse against the City of Aspen for payment of any pre muma 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, conditlons, and minirnuim limits shall constitute a material GCS-971.doG Page: 6 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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. 6. Damage ur Deslru+eti+�n. I� 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 sung set forth in Paragraph 14 above, Cite shall have& the option to cancel this Contract and, in such event, Contractor shall be paid the reasonable cos i, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 17. No#ices. Any notice which any pasty 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 CCS-971.dt� Page: 7 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D To Contractor: North Peak Inc. 305 Main St., Suite A +Grand Junction, CO 81501 subject to the right of either party to designate a diffeanent 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 Ak 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 party warranty contracts (to be entered into by City). 19. Licensuxe 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. 211. Independent Vantractor. Yt is expressly .acknowledged ...and understoad by the parries that nothing in this Contract shall result in, Qr 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. (lie 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, SMALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE CCS-97l,doc Page: 8 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Tr BLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MOrW LARNED PURSUANT THE 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. I.�. 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. �V`aivers. 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. Reamedies Non,Exciusive. 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. 2b. +GoverningThis 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 sI all 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. 2$. Severability. Any ..provision in this Contract which is held to be inoperative, unenforceable or inrralid shall be inoperative, unenforceable or invalid without affecting the remaining provisions, and to this end the previsions of this Contract are declared to be severable. 29. Nondiseii^iminaiion. 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 ccs-��>laaoc Page: DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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 terminations 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 nondzscrimination clause. 30. Prohibited Interest. No meamber, off cer, 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 Coantngent Fees, Gratuities, Kickbacks and conflict of Interest: a. The Contractor watr<ants 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. Tt 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. 37. Paym.ents 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, wiU 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 8-1154111& 42446. GCS-9� 1.doe Page: 10 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 214 075 that amended current CRS § 84 7.54 02 (1), (2)(a), (2)(b) introductory portion, and (2)(b)(11I) 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 as a contract, or to knowingly contract with a Contractor who knowingly is with a worker without authorization_ to perform work under the contract. The law also requires chat all contracts for services include certain specific language as set forth in the statutes. The following terns and conditions have been designed to comply with the requirements of this new law. Definitians. 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 employrrlent 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 847.5402(5)(c). ,3 "Public Contract for Services" means this Agreement, .4 "Services" means the fiunishing 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 whet 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 far Will" 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 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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 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. Tf 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. i . 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 floe 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 germinate 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 T�epartment 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 847.5402 (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 nriay 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 84 7.5m i 02, C.R.S. Xt 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. CCS-97I .doc Fags: 12 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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 igrinatures 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 �'sge: 13 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D N WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. LV F3 Y j! "I, Mul Y6{ram City Attorney ATTESTED BY: naau��nnRd aye 8/4/2023 � 11:28:34 AM MDT ,aLCRADC Title: �� ty Manager CQ11iTR.ACTOR: t_evi yi ggs By: Tale: Project Manager General Conditions for Construction Contracts and Special Conditions can be found on City ofMimi WeLlSitc. Pul•chasillg l Aspcn. GC) 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. CCS-971.doG Page:14 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D • {To be completed if Contractor is a Corporation) STATE UF ) )SS. "OUNTY OF ) On this day of 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 carporation, an 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 iUIY NAND AND i�C3TARIAL SEAL the day and year in this certificate first above written. Notary Public Address nay cammission expires: DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 2023-2o4revl II Date. Center Cooling Proj ect ITB Information and Pricing Aiorth Peak, Tnc 970-812-7970 305 Main St., Suite A Grand Junction, CO 81501 ' \ \ www.northpeakconstruction.com DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D over Letter North Peak, Inc 305 Main Street, Unit A Grand Junction, CO 81501 July l4, 2023 City of Aspen, Purchasing Office Attention: Asal Vojdani 427 Rio Grande Place Aspen, CO 81611 RE: 2023-204rev 1 IT Data Center Cooling Bear Asal and team, We are excited to share ��ur proposal for y©ur data center cooling and engineering office project, North Peak, Tnc 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 fvst-class manner. The enclosed docunleuts include our ITB Summary, Scope of Service, refences, teain qualifications, project examples, and pricing, We have received, reviewed, and acknowledge addendums l through 7 to the ITB. Thank you for the Qpportunity to continue doing business with the City of Aspen, Sincerely, r f � l�evin Young Jeremy Haptoilstall Levi Higgs President Director of Operations Project Manager DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D xTB Summary Project De%nition. Replacement and addition of cooling systems for the City of Aspen's IT Data Center ]J Client and Project Information Name of Client/tlrgallm ion Time Schedule. dates Questions A.ddendums posted due 7/7 6/19 41, 6/21 #2 6/22 #3 & 4, 6/26 #5 & 69 6/28 #7 Project Description: Name or Project 2U23-204revl IT Data Center Cooling Project Location Project No. City, Zip County II,FP due Contact Person Asal Vojdani 7/14 72M894943 asal.vojdani�a aspen.gov 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 word completed. to date for) required: Per ITB documents mechanical plans are complete. °Timeline of Project: Required completion by December 1, 2023 Award Date; Start Construction: TBD TBD Approval .Requirements; �'roject Team - 10 Points Qualifications & Experience —10 Points Approach to Project -- 20 Points Additional Requirements and /or Conditions: Review Exhibits A through B. Received and Reviewed Addendums 1-7. Boncli�.g: 100% Performance & Payment Bond References — 30 Points Fee Proposal — 40 Points North peak Contact for Procurement Process: �,evi X�iggs, .Project .t11'ana�er Pliolie.d 970.331.5.163 Email Levi@northpeakeonstruction.com DocuSign Envelope ID: 62A4A20E-8BC5-484B-9522-5CDBAB25E52D Section 1: Introduction Aorth Peak Construction Main Office location, Address: 305 Main St, Suite A, Grand Junction, CO 81501 Phone: 910.012.1970 Hours: 8am"4pm Description of 1Worfih Peak North Peak, Inc. (r�ejerred to as forth Peak. from here fotivarr�� 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 worlkrnanship and customer service while maintaining the highest level of professional] sin, 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 usefitl and significant products, services, and solutions to markets we currently serve while expanding into new areas that build on our competencies and client interests. I'rinczpals 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: kc��in I rung. President Phone, 970,812.7973 Einall; Ketoffl-ilerlr1) )eakirrc(irt&t1na11.vO1)1 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 constriction and starting North Peak, Inc. in 2008. .1eyeitay Etnptonstail: Director• of Operations rl-iollrc: 970.629.8767 C���nil; Jcl•callrtllrr r,ll���thl�crrl iltc<< tcril.c�r�l�l 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: Plaoject Manager P11011r; 970.331.5163 Lmtiil: L��t��i �llrrrlJrJ���ukcTrrii_Ir urlinl�.curlr 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. N'lichnei 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 DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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. Hiatt Schwartz* 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. A DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Section 2: Experience and Qualifications Project Sample 1: Project II;i,,,l.I I DC Peaks at Redlands Mesa Buildings A4 i�rt�jcc t I )c., c.l Ilpl 4-unit luxury town home project consisting of 40 total units. ccviccs ['tc�vitic�cl: Project Management. On -site Supervisiosa, Self -performance o#` framing, millwork, window, and door installation. Cost ol, I'mslect; $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. t�rgilIIIG6ItIllli,�l �;tl1icalloce Service delivery under contract Ke �tssi n,'d ill-I1ouse titii l'I'; Mike Holm- Fran ing Manager. Jimmy Giles- Project Superintendent. Davc Hancock- Preconstruction Manager. Jeremy Haptonstall- Project Manager. Subcolilr�Cts; MEP's, Life Safety, Specialized finishes. AdICclult' Ilisto ry; See Attachments. Arch Itec:t; Apex Design and Drafting ON, TlIel The Peaks at Redlands Mesa LLG—970��12-2933 North Peak provides a oneyear warranty on their projects. Also included is storlY�tivater management, organization, and management of landscaping. A, Tini lull',, Built and maintained a master schedule and distributed to trades fI•otn precorlstruclion 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. l�uclt���t c_'a�IItiicl4�rtiti�,7l�s; 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 bury 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. '. ity; 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. C). Sclvvicc DIS1411l hole; 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. 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. I . C�,,i»pl ialicc; 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 l00% compliance. DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Project Sample 2: I}roject Namc: CHI Grand Junction Office Remodel IIIoJect Dc. c i#lpi ion): Interior remodel of conference rooms & open office space to create private offices. ►"ervices 11rovicled: Project Management, Site Supervision. Self=perform carpentry scopes. CC sst Ot'!'rnject: (fir ls;Ir1al f3urlgel: $185,820.06 1'i�rul ���.til.' $185,820006 Change Order# 'I'o1a1.s, 40 (None) Orgc+niz.nf-loncll SU'tteltire: Service Delivery Under Contract. Ke A SI 11wkl lit-Iti,lrlttie ► i-11'I': Project Manager: Levi Higgs, Site Superintendent: Matt Schwartz, North Peal: Field Crew: Mike Holm & Nate Seitz Subcontrlcts: MEP's, Life Safety, Metal framing, Specialized finishes. Architect: Billy Farris, Blythe Group + CO. Owner Colorado Department of Public Safety, Michael Moore f_'�+nt �IIIIi►11� ���rvic.:; North Peak Construction offers 1 year warranty on all supplied materials and workmanship, AtI i111� 1 i17�: COIII,: Built ;end 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. 13 I.iudL►eI ('I�,Idt.I iIoiis: 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, t,)u111 i I : 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 perfornned by project manager and site supervisors and distributed with weekly schedule updates. f r.4�r\ i�,�� I �i .r111►�i�►I,: This was mitigated by proper communcation 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 tunes 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. El I' I � ► i4� t �icc�tl� � �.I � i r : North Peak maintained a gallery of project photos that were available far 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 Pear and owners' representation. F. t ' II1i1,1i;ii 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. DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Project Sample 3: Project 1131111c. ; CSFS Ullnmson Office Remodel Ounnison, Colorado Prc_.lec.t Desc1•iption: 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; original %1011 t4N/: $44%187 /'Mal C' isl: fending Completion Change Order Totals: $21,860.98 C'hai�t►cor�lcr I ; Additional Data equipment and Cabling. Terminate data and cabling at data closet and offices. C'111u1ge 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. C luingue order 31 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. Orglirliziltioiial Stru'cturV; Service Delivery Under Contract. Key assigned ill-11 LISC Stft11.1'1 Jeremy Haptonstall- Project Manager. Mike Holm- Site Superintendent. North Peak Field Crew- Nate Seitz, Viiunie Vodehnal. Subcaljtlficts; MEP's, Life Safety, Specialized finishes, Archl(eci: CSU Facilities Management C)tivncr: Colorado State University -- Steve Kellums Colitiiluirlg Sen./iues: North Peak Construction offers 1 year warranty on all materials and workmanship. A, Tfincliiless; 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. BLIdget C'oilsider�itimIs: 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 conununicated all budget deviations, as necessary. North Peak maintained a weekly meeting with ownership and project management to update any changes in budget. C'. QuJili}1: 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: DIS1,111711loll: The project of relevance has no service disruptions at the time of this submission, which is approximately 90% completion. r, Project acceptability: North Peak Construction updated ownership with project photos and made punch list items visible using Buildertrend. At each phase of constriction, we invited ownership to a site walk through to address any concerns with quality or function. North Peak considered our preconstruction phases to research specified material and distriE7cite those details to project management and On�site management. Architect and engineered detail's were communicated to sales, supervision, and Meld labor to achieve acceptability. The diverse knowledge and experience of our project management and field supervision ensured approval of applicable building codes. Communication fioin architects, engineers and building officials through North Peak ensured we met compliance in all areas. DocuSign Envelope ID: 62A4A20E-8BC5-484B-9522-5CDBAB25E52D Project Sample 4: C'rujvc:l tt1tmC: Grand Mesa Flats Apartments Delta, Colorado 111korled Dt;,cl 1l1lic►I1: 72-unit apartment project, consisting of 9- 8-unit buildings and a clubhouse/office. servicc•�. I'n ►�I &dedt Pre -Construction Services, Project Management. Can -site Supervision. Project Coordination. Self performance of framing, millwork and window and door installation, Cost ni" l'ruject: Original Budget: $11.5 Million. Final Cost: $12.2 Miltion. C'h,tilgc; Dreier Tc,t;tls: VOW Ch.litille m(ler 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. Ch.ttlgc• urcier 2: Added waterproof membrane to elevated decks, Cll111119C 011d i, 1: Modified door openings in ground level units to accommodate ADA requirements suggested by City of Delta Consultant. (I IIC111 (Li lfl1CIIIf(: Service .Delivery Under Contract. KC irls'iiilli.cl ir1-I11►I1.,t `,klhet Jeremy i-taptonstall- Project Manager. Gary Steele- Asst Site Superintendent. Nate Seitz- Site Superintendent. North Peak Field Crew- Matt Schwartz QA/QC, William Austin, Tobias Razor, Vinnie Vodehnal. Subcuntruct;,; MEP's, Fife Safety, Specialized f�nishes, . Reference Foie Ginner algid Architect: Architect -Anderson Drafting and Design-719�24&9374 Owllef . Rimrock Construction- Scott Neff- Sal-748-1525 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, Ii1i4jeI ('+►nsicleralic►rl�,. 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. Peakmaintained a weekly meeting with ownership and project management to update any changes in budget. C. �)1141111%r; North Peak maintained duality 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 Procore. After distribution items were followed up and eliminated from the list when in compliance and complete. 1). Service Dirruptiun: 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. l . 1'tt�jcc� .��_t c FIcII�Il11� ; North Peale Constnlction 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. ��IttltlittitcT1 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 expeiience 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. DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D M 1 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. <tN'rth. Teak, Iris» 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. � Identify the address of your organization's principal place of business and lisfi 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 websitZI e. Legal Status • Identify the Legal status under which year organization does business, such as sole propzietorship, partnership, corporation, limited liability corporation, joint venture, or other. <Corporatiow) • 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. <QOL RADI If your organization is a partnership, identify its partners and its date of organization. * If your organization is individually owned, identify its owner and date of organization. «Kevin Young» o If the formof your organization is other than those Listed above, describe. it, and identify its vidual leaders; +� 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. «N.A» Other Information How many years. has your organization been in business? <l� Years> �► How many Full-time. employees work for your organization? t<l�» �► List the business license and contractor license or registration numbers for the Contractor's project office that pertain to the project. DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D «GriC#2023IN 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. {$14006-6,- 0 80 • Of the amount stated in Section .A.2.2, state the dollar value of work that remains to be completed; • State your organization's average annual dollar value of construction work performed during the last five years. CAPABILITIES + List the. categories of work that your organizatian typically self -performs. • Identify qualities, accreditations, services, skills, or personnel that you believe differentiate your organization from others, +� Does your organization provide design collaboration orpre-construction services? If so, describe those services. i Does your organization use building information modeling �BIIVI}� If so, BIM so ----- describe .how BIM and identify Does your organization use a project managenn:ent information system? If so, identify the system. Section �: Approach to Project Qverall 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. DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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 Chen! References: Steve Iielluxns — P:E. Project Manager for CSU — 970.SSb.73g4 (C'S'F,S ca»xp:*Js - Gunnisnn) Michael Moore — Capital Development and Planning Unit - 720-68&3429 (CB1 Office Expansion - Grand' Junction Campus) • Darin Carei —Synergy builders — 9?0.234.0708 {.Development Fortner) Section 5; Pricing &Schedule North Peak anticipates the IT coaling project to last 3 months from Preconstruction to substantial completion. DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D t PRv Jo 1 .: 2fl23-2Q4 revl PRQJECT`: IT Data Center Cooling PRC)POSAL SUBMITTED BY'; eorrTx�c�roa r r � r r r! ► Tt3: The �ioverning 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 pricer to signature. The bidder agrees to keep this bid open for S Consecutive calendar ldu ys .from the date of bid opening. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor wi11 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 axed/or for repairs or additional work required for successful completion of the project. Ali work not specifically set forth as a pay item in the bid form shalt 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 BP1-9?1.doc *BP'f Page 1 Cantrac#or's Initials DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D a�11 Jnatorials, equipment and tools, and p i7foJming all labor and supemwon to ttJily Ctwoplete thdd wor1G to 0160 Oty's 600sf3alon, Poor quality find workmanship shall not lady paid for by 111C City. Nu�h wnr°� prTodu�t mrrst b� r°d�mrrvd�d iJ-nmed'awly and replaced properly M no 'ost to 014 City, T1)14 basis of paymont shall 004 the actual amorrnt 01 materials ful711ishW and worl� dune, The antraetor a r008 to make 1l0 claims for damages, antid~ipated profit, or othCrwisO on account of aI ly differotlpes butwew) Ole amount of work til�l�ally pd�rior771�d andnlator'ia18 ad�tually hunisllda4� nd the estimated amount of WON(# The pity rusIrvd's the right to ind cease oi' dr~�t' alb thda I Ix1RldJlt of w��r°1� tU �1d3 done on t1�e I rrsib �7f the bid tinit price rrrd up to l-grai or ifninua Tweno, Milo ('5 PPiweirt )f the total bid, �y signing this d�G)�:l.Jrndrli� CAntxactr�r� ccrti�d�s €rnd J'�pJ-c�►�nts that at this tir�rc; (i j ProfdrssioJlOi sha11 uonli��1 tli� ctx�ployrr���t eligihilit�► �Jf all d;r>1pJoyc�s who aJ'd� newly hired far employment Iin th$ Urllted. States; arld (ii) Prof�l�sional has }aatadattd�rxrptod�. tda paJ�iGipQte in the k�asid{ Pilot Progr4m in ordar to vat°ify that it dins not Pinploy illegal alid�ns, l hs✓1'eby ac1€rrowledge redycipt of �fil�l��li�U�i(s) rlunll��red � tlar°Audi � L� f/i1'dr�'l'llIf L�tX Xt1 !t t,S`t) 0 C' u uca nj (1t1 � 1'rnt�t ujunW►��1o1irrllt1 1���trt�c.�.c>>l j?t1 rtr��_ laeM rt'1`.'4'. �a.79,�6sess Tnta1 �� try N�����brs It Aatc'e�tr�nlr�'r�, jl: 1 Four hundred seventy- nine thousand and sixty-six Total .did M %VOMSN dollars and sixty-eight cents �P1-Q71.d�� Papa � �i�nara�lnr's Inillai� DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D 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: Full name signature: Company Jeremy Haptonstall 3oa 1V tI I Suite A Grand Junction, CO 815Q1 Telephone number: 970-812-797Q Email: Jerem Attested by; 6P1-971.doc ���mail.com Title, _Director of Operations Contractor's Initials DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D ntractor & 't Climate Controls #: t974 456m1165 Name. Phone Address 1537 County R in Glenwood Service or PI"oduct: Names ,Phone #; address: Service or Product: Name: ,Phone #: address: Service or Product: Name: ,Phone #; Address: Service or Product: Name: ,Phone #: Address: Service or Product: Narrze: � Phone #: address: Service or Product: BP1-971.doc Contractor's Initials DocuSign Envelope ID: 62A4A20E-8BC5484B-9522-5CDBAB25E52D Estimate — for IT room project Original Budget Revised General Requirements Total $ Division 01— General Requirements $51,767*62 $44,133404 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 $40000 $410=00 MEP -- Mep Contingency $4,000 $4,000,00 -- HVAC $3200867.00 $320,867.00 -- Electrical $26,000 $26,000M Site and infrastructure Division 31- housekeeping pads $3,200 $3,200 Sub -Total $421,582.62 $413,948404 Add Ons Division 99 - Insurance, Fees, Contingency, OH&P $103,758*44 $65,118*65 Contingency 10% of project budget Total $525,341.06 $479pO66.68