HomeMy WebLinkAboutresolution.council.065-94
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RESOLUTION NO. 65
(Series of 1994)
A RESOLUTION APPROVING A CONSTRUCTION AGREEMENT BETWEEN THE CITY
OF ASPEN, COLORADO, AND ASPEN EARTHMOVING CONSTRUCTION COMPANY,
INC., SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE
CONSTRUCTION OF THE POWER PLANT ROAD RETAINING WALL, AND AUTHO-
RIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a
construction agreement between the City of Aspen, colorado, and
Aspen Earthmoving Construction Company, Inc., a copy of which
construction agreement is annexed hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1
That the city Council of the city of Aspen hereby approves
that construction agreement between the City of Aspen, Colorado,
and Aspen Earthmoving Construction Company, Inc., for the con-
struction of the Power Plant Road retaining wall, a copy of which
is annexed hereto and incorporated herein, and does hereby autho-
rize the city Manager to execute said lease on behalf of the City
of Aspen.
Dated:
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John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting city Clerk do
certify that the foregoing is a true and accurate copy of that
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resolution adopted by the city Council of the City of Aspen,
Colorado, at a meeting held Ck,/ f! /9'7.'7
, ~994.
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CONSTRUCTION AGREEMENT
TIllS AGREEMENT, made and entered into, this August 8, 1994, by and between the
City of Aspen, Colorado, hereinafter referred to as the "City" and Aspen Earthmoving
Construction Company Inc., hereinafter referred to as the "Contractor".
The Project is:
Power Plant"Road Retaining System
The Architect is:
Pattillo Associates Engineers Inc.
The Owner and Contractor agree as set forth below:
ARTICLE 1
THE CONTRACT DOCUMENTS
1.1 The Contract Documents consist of this Construction Agreement, Conditions of the Contract
(General, Supplementary and other Conditions), Drawings, Specifications, the City's Request for
Qualification Statements, Contractor's Qualification Statement,y.udenda issued prior to the
execution of this Agreement, other documents listed in this Agreement .and Modifications issued
after execution of this Agreement; these form the Contract, and are as fully a part of the Contract
as if attached to this Agreement or repeated herein. The Contract represents the entire and
integrated agreement between the parties hereto and supersedes prior negotiations, representations
or agreements, either written or oral. If anything in the other Contract Documents is inconsistent
with this Agreement, this Agreement shall govern.
ARTICLE 2
THE WORK OF THIS CONTRACT
2.1 The Contractor shall execute the entire Work described in the Contract Documents, except
to the extent specifically indicated in the Contract Documents to be the responsibility of others as
described in the Contract Documents.
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ARTICLE 3
RELATIONSHIP OF THE PARTIES
3.1 The Contractor a=pts the relationship of trust and confidence established by this Agreement
and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best
skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business
administration and supervision; to make best efforts to furnish at all times an adequate supply of
workers, materials, equipment and supplies; and to perform the Work in the best way and most
expeditious and economical manner Consistent with the interests of the Owner. The Owner agrees
to exercise best efforts to enable the Contractor to perform the Work in the best way and most
expeditious manner by furnishing and approving in a timely way information required by the
Contractor and making payments to the Contractor, in accordance with requirements of the
Contract Documents.
ARTICLE 4
.
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1 The date of commencement shall be August ll, 1994 and date that Contractor shall achieve
Substantial Completion of the entire Work shall be September 23, 1994. The Contractor shall pay
Liquidated Damages in an amount of $1,000.00 per calender day for work after September 23,
1994. ~.
ARTICLE 5
CONTRACT PRICE
5.1 GUARANTEED MAXIMUM PRICE
5.1.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor
not to exceed Thirty Three Thousand Dollars ($33,000), subject to additions and deductions by
Change Order as provided in the Contract Documents. Such maximum sum is referred to in the
Contract Documents as the Guaranteed Maximum Price, Costs which would cause the Guaranteed
Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the
Owner.
ARTICLE 6
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CHANGES IN THE WORK
6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be
determined by any of the methods listed in Article II of the General Conditions.
ARTICLE 7
COSTS TO BE REIMBURSED
7.1 The term Cost of the Work sliall mean costs necessarily incurred by the Contractor in ,the
proper performance of the Work. Such costs shall be at rates not higher than the standard paid
at the place of the Project except with prior consent of the Owner. The .Cost of the Work shall
include only the items set forth at Article 11.4 of the General Conditions.
ARTICLE 8
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COSTS NOT TO BE REIMBURSED
8.1 The Cost of the Work shall not include those items set forth at Section 11.5 of the General
Conditions.
ARTICLE 10
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SUBCONTRACTS AND OTHER AGREEMENTS
10.1 Those portions of the Work that the Contractor does not customarily perform with the
Contractor's own personnel shall be performed under subcontracts or by other appropriate
agreements with the Contractor. The Contractor shall obtain bids from Subcontractors and from
suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids
to the Architect. The Contractor will then determine, with the advice of the Owner and subject
to the reasonable objection of the Architect or Owner, which bids will be accepted. The Owner
may designate specific persons or entities from whom the Contractor shall obtain bids; however,
inasmuch as a Guaranteed Maximum Price has been established, the Owner may not prohibit the
Contractor from obtaining bids from others. The Contractor shall not be required to contract with
anyone to whom the Contractor has reasonable objection. The Contractor shall not contract with
anyone to whom Owner or Architect has reasonable objection.
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ARTICLE 11
ACCOUNTING RECORDS
11.1 The Contractor shall keep full and detailed accounts and exercise such c,ontrols as may be
necessary for proper financial management under this Contract; the accounting and control
systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall be
afforded access to the Contractor's records, books, correspondence, instructions, drawings,
receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this
Contract, and the Contractor shall preserve these for a period of three years after final payment,
or for such longer period as may be required by law.
ARTIeLl<: 12
PROGRESS PAYMENTS
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12.1 Based upon Applications for Payment submitted to the Architect by the Contractor and
Certificates for Payment issued by the Architect, the Owner shall make progress payments on
account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract
Documents.
12.2 The period covered by each Application for Payment shall be one calendar month ending
on the last day of the month. 'j"
12.3 Provided an Application for Payment is received by the Architect not later than the fIrst
day of a month, the Owner shall make payment to the Contractor not later than the tenth day of
the following month. If an Application for Payment is received by the Architect after the
application date fIxed above, payment shall be made by the Owner not later than fifteen days after
the Architect receives the Application for Payment.
12.4 With each Application for Payment the Contractor shall submit payrolls, petty cash
accounts, receipted invoices or invoices with check vouchers attached, and any other evidence
required by the Owner or Architect to demonstrate that cash disbursements already made by the
Contractor on account of the Cost of the Work equal or exceed (l) progress payments already
received by the Contractor; less (2) that portion of those payments attributable to the Contractor's
Fee; plus (3) payrolls for the period covered by the present Application for Payment; plus (4)
retainage provided in Subparagraph 12.5.4; if any, applicable to prior progress payments.
12.5.1 E~ch Application for Payment shall be based upon the most recent schedule of values
submitted by the Contractor in accordance with the Contract Documents.. The schedule of values
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shall allocate the entire Guaranteed Maximum Price among the various portions of the work,
except that the Contractor's Fee shall be shown asa single separate item. The schedule of values
shall be prepared in such form and supported by such data to substantiate its accuracy as the
Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis
for reviewing the Contractor's Applications for Payment.
12.5.2 Applications for Payment shall show the percentage completion of each portion of the
Work as of the end of the period covered by the Application for Payment. The percentage
completion shall be the lesser of (1) the percentage of that portion of the Work which has actually
been completed or (2) the percentage obtained by dividing (a) the expense which has actually been
incurred by the Contractor on account of that portion of the Work for which the Contractor has
made or intends to make actual payment prior to the next Application for Payment by (b) the share
of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values.
12.5.3 Subject to other provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
12.5.3.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed
Work as determined by multiplying the percentage completion of each portion of the Work by the
share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of
values. Pending final determination of cost to the Owner of changes in the Work, amounts nOt
in dispute may be included as provided in the General Conditions, even though the Guaranteed
Maximum Price has not yet been adjusted by Change Order. Jr'
12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and
equipment delivered and suitably stored at the site for subsequent incorporation in the Work or,
if approved in advance by the Owner, suitably stored off the site at a location agreed upon in
writing.
12.5.3.3 Add the Contractor's Fee, less retainage of ten percent (10%). The Contractor's Fee
shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate
stated in Paragraph 5.1.
12.5.3.4 Subtract the aggregate of previous payments made by the Owner.
12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required
by Paragraph l2.4 to substantiate prior Applications for Payment, or re~ulting from errors
subsequently discovered by the Owner's accountants in such documentat,ion.
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12.5.3.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate
for Payment as provided in the General Conditions.
12.5.4 Additional retainage shall be as set forth in the Supplemental Conditions.
12.7 Except with the Owner's prior approval, payments to Subcontractors included in the
Contractor's Applications for Payment shall not exceed an amount for each Subcontractor
calculated as follows:
12.7.1 Take that portion of the Subcontract Sum properly allocable to completed Work as
determined by multiplying the percentage completion of each portion of the Subcontractor's Work
by the share of the total Subcontract Sum allocated to that portion in the Sl/bcontractor's schedule
of values, less retainage of ten percent (10 %). Pending final determination of amounts to be paid
to the Subcontractor for changes in the Work, amounts not in dispute may be included as provided
in the General Conditions even though the Subcontract Sum has not yet been adjusted by Change
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12.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved
in advance by the Owner, suitably stored off the site at a location agreed upon in writing, less
retainage of ten percent (10%).
12.7.3 Subtract the aggregate of previous payments made by the Cqptfactor to the Subcontractor.
12.7.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate
for Payment by the Owner to the Contractor for reasons which are the fault of the Subcontractor.
12.7.5 Add, upon Substantial Completion of the entire Work of the Contractor, a sum sufficient
to increase the total payments to the Subcontractor to one hundred percent (100%) of the
Subcontract Sum, less amounts, if any, for incomplete Work and unsettled claims; and, if final
completion of the entire Work is thereafter materially delayed through no fault of the
Subcontractor, add any additional amounts payable on account of Work of the Subcontractor in
accordance with the General Conditions.
12.8 Except with the Owner's prior approval, the Contractor shall not make advance payments
to suppliers for materials or equipment which have not been delivered and stored at the site.
12.9 In taking action on the Contractor's Applications for Payment, the Architect shall be
entitled to rely on the accuracy and completeness bf the information furnished by the Contractor.
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ARTICLE 13
FINAL PAYMENT
13.1 Final payment shall be made by the Owner to the Contractor when (1) the Contract has been
fully performed by the Contractor except for the Contractor's responsibility to correct defective
or nonconforming Work, as provided in the General Conditions, and to satisfy other requirements,
if any, which necessarily survive final payment; (2) a final Application for Payment and a final
accounting for the Cost of the Work have been submitted by the Contractor and reviewed by the
Owner's accountants; and (3) a fmal'Certificate for Payment has then been issued by the Architect
within seven (7) days of Contractor's request; such final payment shall be made by the Owner not,
more than 30 days after the issuance of the Architect's final Certificate fqr Payment.
13.2 The amount of the final payment shall be calculated as follows:
13.2.1 Talce the sum of the Cost of the Work substantiated by the Contractor's final accounting
and the Contractor's Fee; but not more than the Guaranteed Maximum Price.
13.2.2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final
Certificate for Payment as provided in the General Conditions or other provisions of the Contract
Documents.
13.2.3 Subtract the aggregate of previous payments made by thepwner.
If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor,
the Contractor shall reimburse the difference to the Owner.
13.3 The Owner's accountants will review and report in writing on the Contractor's final
accounting within 30 days after delivery of ,the final accounting to the Owner by the Contractor.
Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the
Contractor's fmal accounting, and provided the other conditions of Paragraph 13.lhave been met,
the Owner shall, within seven days after receipt of the written report of the Owner's accountants,
either issue to the owner a final Certificate for Payment with a copy to the Contractor, or notify
the Contractor and Owner in writing of the Owner's reasons for withholding a certificate as
provided in the General Conditions. The time periods stated in this Paragraph 13.3 supersede
those stated in the General Conditions.
13.4 If, subsequent to final payment and at the Owner's request, the Contractor incurs costs
described in Article 7 and not exdluded by Article 8 to correct defective or nonconforming Work,
the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto
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on the same basis as if such costs had been incurred prior to final payment, but not in excess of
the Guaranteed Maximum Price, if any. If the Contractor has participated in savings as provided
in Paragraph 5.2, the amount of such savings shall be recalculated and appropriate credit given
to the Owner in determining the net amount to be paid by the Owner to the Contractor.
ARTICLE 14
MISCELLANEOUS PROVISIONS
14.1 Where reference is made in- this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or supplemented
by other provisions of the Contract Documents.
14.2 Payments due and unpaid under the, Contract shall bear interest from the date payment is
due at the legal rate prevailing from time to time at the place where the Project is located.
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ARTICLE 15
TERMINATION OR SUSPENSION
15.1 The Contract may be terminated by the Owner for cause as provided in Article 15 of the
General Conditions; however, the amount, if any, to be paid to the Contractor under this
Agreement shall not cause the Guaranteed Maximum Price to be ~ed.
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This Agreement is entered into as of the day and year frrst written above and is executed in a least
three original copies of which one is to be delivered to the Contractor, one to the Architect for use
in the admini~trll,tiqll qf the Colltrll,ct, allP the reillll,inQer tq the Owner.
CONTRACTOR
By:
Signature
Name & Tirie
,
CITY OF A~;P~N, COLOIRADO
John S. Bennen, Mayor
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A TrEST:
Kathryn K. Koch, City Clerk
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BOULDER RETAINING WALL SPECIFICATION - POWER PLANT ROAD
PART 1 - GENERAL
1.0 DESCRIPTION
A. Provide new boulder retaining wall along Power Plant Road where shown on Sheet S1,
Boulder Retaining Wall Plan.
2.0 SUBMITTALS
A. Inform City Engineer as to source location of boulders prior to transportation for approval of
material.
3.0 INSPECTIONS
A. Notify Engineer after sHe preparation and prior to construction of wall for initial inspection and
approval of wall location.
, B. Notify Engineer after first course of boulders is in place, after select fill is placed, and prior to
placement of second course of boulders, for inspection and approval of boulder size and
layout.
4.0 JOB CONDITIONS
A. Embankment excavation and backfill for area between the building and roadway shall be
complete and 1:2 slope in-place prior to boulder placement (horizontal:vertical).
B.
Transportation and placement of boulders shall be accomplished in a safe and effective
manner, in compliance with applicable OSHA and COSHA regulations.
PART 2 - MATERIALS
'P
1.0 SELECT FILL
A. Select fill shall be provided in accordance with the specifications of CDOT Class 2 material.
2.0 BOULDERS
A. Boulders shall be dense, non-porous, igneous-type rock, approximately spherical in shape,
with a specific gravity of at least 2.4 (150 pct). Average diameters shall be as shown on the
Boulder Wall Schedule, and the minimum boulder weight for each size classification shall also
be as shown.
3.0 FILLER STONES
A. Filler stones used for leveling at the top of walls and filiing occasional gaps between boulders
shall be of a similar appearance and material as boulders and shall be of a size and shape
approved by the City Engineer.
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4.0
STOCKPILES
A. Stockpiles of materials shall be located in areas so as not to interfere with traffic or cause
delays in construction.
5.0 SURPLUS MATERIALS
A. Remove from site and properly dispose of excess materials not used in the boulder wall
construction.
PART 3 - EXECUTION
1.0 PREPARATION
A. Complete construction of embankment slopes at parking area to provide full required area at
rough grade elevation, with maximum 2:1 (horizontal:vertical) side slopes.
B. Trim embankment side slopes to 1:2 (horizontal:vertical) from top edge of roadway shoulder
down to natural soil below embankment
C. Extend the 1:2 slope into the existing soils to the depth indicated as "D" on the Boulder Wall
Schedule.
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2.0 BOULDER PLACEMENT
A.
According to the height of the retained embankment ("H") as measured in the field, determine
the minimum boulder size and spacing requirements for the first course from the Wall
Schedule. k3 the height of wall varies, so may the boulder size and spacing vary, per the Wall
Schedule.
B. Place the first course boulders side-by-side at the base,of.the 1:2 side slopes. "Seat" the
boulders into the natural soils in the trenched area so that t~ are stable and firmly supported
at their bases.
C. Fill the voided volumes between the boulders, between the boulders and lower soils, and
between the boulders and side slopes with "Select Fill" or sand. Compact by hand tamping.
D. Place the next course of boulders midway between the lower course of boulders so that they
are in contact with each boulder below and also with the 1:2 side slope. They must be firmly
"nested" by these three support points so that each new boulder is stable and not prone to shift
or roll.
E. Repeat steps C and D for each new course of boulders, based on the size, height,and
spacing requirements as shown on the Wall Schedule.
F. Finish the top of the wall with "Filler Stones" as directed by the City Engineer to provide a
relatively level top surface for the wall.
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3.0
TOPSOIL PLACEMENT
A. Apply topsoil in "pocket" areas along the face of the wall as directed by the City Engineer.
4.0 CLEANUP
A. Promptly remove excess materials from the site. Keep waste materials away from active
areas so as not to interfere with the progress of the work.
DESCRIPTION:
ALTERNATE #1 - CONCRETE FOOTING
MATERIALS:
EXECUTION:
END OF SECTION
Provide a continuous 12" thick by 30" wide reinforced concrete footing along each
section of boulder wall. Reinforcement shall consist of 3-#5 rebar, placed at 8"
centers and located 3" clear from bottom of footing. The footings may slope to match
the roadway grade.
1)
2)
1)
2)
3)
Concrete shall attain a minimum compressive !;trength of 3000 PSI in 28
days. Provide 4% to 8% air entrainment.
Reinforcing steel shall be Grade 60.
The center of the footing shall match the center of the lower course of
boulders. '
,Footings may be unformed, with the approval of the City Engineer.
The concrete shall be "green" at the time of boulder placement, so that the
boulders penetrate the surface of the footing a few inches; alternatively, a
2x8 keyway may be formed in the top of footing and additional concrete
placed as a mortar bed between the boulders and footing.
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ID:947-8012
JAN 24'95
10:26 No.004 P.03
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This Agreement is enleOOd ,into as of the day and year flnt written above l1lnd is executed in a least
1hree original caples of which one is to be delivered to the Colll1'll.ClOr. OIlCl to the Architect for use_
in w<;> w;!miRiemni':m 9f ~. Cqut'(~t, ant!. th.\; wma,I.n4i;t to ChI! QWl'l~f.
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Jail S. Bennett, Mll.Y6~
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Kathryn K. Koch, City Cleric
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