HomeMy WebLinkAboutresolution.council.078-94
...
. '\\'!!L
e
-
RESOLUTION NO. 18
Series of 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONSTRUCTION AGREEMENT BETWEEN VALLE DEL RIO COMPANY
INC. AND THE CITY OF ASPEN, COLORADO, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a construction agreement
between Valle del Rio Company Inc. and the City of Aspen, a true and accurate copy of whjch
is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
That the City Council of the City of Aspen hereby approves that service agreem~nt
between Valle del Rio Company Inc. and the City of Aspen, a copy of which is annexed hereto
and incorporated herein, and does hereby authorize the City Manager of the City of Aspel1- 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 11th day of October, 1994.
~ /#
h 1~-4-'_'1-'
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 resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting Iheld on the day hereinabove stated.
-
e
-
\' f'- G
(.,Vk", \ ~ ~
CONSTRUCTION AGREEMENT
THIS AGREEMENT, made and entered into, this 11th day of October, by and between
the City of Aspen, Colorado, hereinafter referred to as the "City" and Valle del Rio Company
Inc., hereinafter referred to as the "Contractor".
The Project is:
City Hall Renovation Project
The Architect is:
Raul Gawrys PC Inc.
The Owner and Contractor agree as set forth below:
ARTI~I.1<', 1
THE CONTRACT DOCUMENTS
1.1 The Contract Documents consist of this Construction Agreement, Conditions of the Contr.ct
(General, Supplementary and other Conditions), Drawings, Specifications, the City's Request for
Qualification Statements, Contractor's Qualification Statement, Addenda issued prior to t:be
execution of this Agreement, other documents listed in this Agreement and Modifications iSSt\ed
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 ~nd
integrated agreement between the parties hereto and supersedes prior negotiations, representatiqns
or agreements, either written or oral. If anything in the other Contract Documents is inconsist~nt
with this Agreement, this Agreement shall govern.
A RTI~T.1<', 2
THE WORK OF THIS CONTRACT
2.1 The Contractor shall execute the entire Work described in the Contract Documents, ex~ept
to the extent specifically indicated in the Contract Documents to be the responsibility of otherS as
described in the Contract Documents.
,
I
1
-
-
-
A RTI~l.1<', ~
RELATIONSHIP OF THE PARTffiS
3.1 The Contractor accepts the relationship of trust and confidence established by ~s Agreeme~t
and covenants with the Owner to cooperate with the Architect and utilize the Contractor's b~st
skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business
administration and supervisionj to make best efforts to fUrnish at all times an adequate supply pf
workers, materials. equipment and supplies; and to perfonn the Work in the best way and mqst
expeditious and economical manner consistent with the interests of the Owner. The Owner agre~s
to exercise best efforts to enable the Contractor to perfonn the Work in the best way and mqst
expeditious manner by furnishing and approving in a timely way information required by tlle
Contractor and making payments to the Contractor in accordance with requirements of the
Contract Documents.
ARTI~I,EA
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
4.1 The date of commencement and date that Contrac;tor shall achieve Substantial Completion lof
the entire Work is December IS, 1994. The Contractor shall pay Liquidated Damages in Ian
amount of $500.00 per calender day for work after December 15, 1994.
ART.ICLE..5
CONTRACT PRICE
5.1 GUARANTEED MAXIMUM PRICE
5.1.1 The sum of the Cost of the Work and the Contractor's Pee Is guaranteed by the Contrac~or
not to exceed Two Hundred Ninety Six Thousand Dollars ($296,000.00), subject to additions and
deductions by Change Order as provided in the Contract Documents. Such maximum sum is
referred to in the Contract Documents as the Guaranteed Maximum Price, Costs which would
cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without
reimbursement by the Owner.
2
e
e
-
A){TICI,E..6
CHANGES IN THE WORK
6.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be
determined by any of the methods listed in Article 11 of the General Conditions.
ARTI~I,1<',7
COSTS TO BE REIMBURSED
7.1 The tenn Cost of the Work shall mean costs necessarily incurred by the Contractor in tile
proper performance of the Work. Such costs shall be at rates not higher than the standard p.id
at the place of the Project except with prior consent of the Owner. The Cost of the Work sh~ll
include only the items set forth at Article 11.4 of the General Conditions.
ARTI~I$..8
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,
ARTI~I,1<', 10
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 appropri.ilte
agreements with the Contractor. The Contractor shall obtain bids from Subcontractors and fr9m
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 subj~ct
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; howeyer,
inasmuch as a Guaranteed Maximum Price has been established, the Owner may not prohibit ~he
Contractor from obtaining bids from others. The Contractor shall not be required to contract \\(ith
anyone to whom the Contractor has reasonable objection. The Contractor shall not contract v.:ith
anyone to whom Owner or Architect has reasonable objection.
3
e
e
e
A RTI~I.1<', 11
ACCOUNTING RECORDS
11;1 The Contractor shall keep full and detailed accounts and exercise such controls as may be
necessary for proper f'mancial management under this Contract; the. accounting and contrql
systems shall be satisfactory to the Owner. The Owner and the Owner's accountants shall ~e
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.
AR'I'l~U~ 12
PROGRESS PAYMENTS
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 qn
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 endin;g
on ,the last day of the month.
12.3 Provided an Application for Payment is received by the Architect not later than the fir~t
day of a month, the Owner shall make payment to the Contractor not later than the tenth danlf
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 afth
the Architect receives the Application for Payment.
12.4 With each Application for Payment the Contractor shall submit payrolls, petty ca~h
accounts, receipted invoices or invoices with check vouchers attached, and any other evidente
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 (1) progress payments already
received by the Contractor; less (2) that portion of those payments attributable to the Contracto~' 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.
4
-
e
e
12.5.1 Each 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 valu~s
shall allocate the entire Guaranteed Maximum Price among the various portions of the work,
except that the Contractor's Fee shall be shown as a single separate item. The schedule of valu~s
shall be prepared in such form and supported by such data to substantiate its accuracy as tq.e
Architect may require. This schedule, unless objected to by the Architect, shall be used as a bas,s
for reviewing the Contractor's Applications for Payment.
12.5.2 Applications for Payment shall show the percentage completion of each portion of tl).e
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 be~n
incurred by the Contractor on account of that portion of the Work for which the Contractor ~s
made or intends to make aclUal 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 value~.
12.5.3 Subject to other provisions of the Contract Documents, the amount of each progre~s
payment shall be computed as follows:
12.5.3.1 Take that portion of the Guaranteed Maxinium Price properly allocable to comple~
Work as determined by multiplying the percentage completion of each portion of the Work by the
share of the Guaranteed Max.imum Price allocated to that portion of the Work in the schedule pf
values. Pending final determination of cost to the Owner of changes in the Work, amounts ~ot
in dispute may be included as provided in the General Conditions, even though the Guarante~d
Maximum Price has not yet been adjusted by Change Order.
12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials a~d
equipment delivered and suitably stored at the site for subsequent incorPoration in the Work qr,
if approved in advance by the Owner, suitably stored off the site at a location agreed upon jin
writing.
12.5.3.3 Add the Contractor's Fee, less retainage of ten percent (10%). The Contractor's :Pee
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 12.4 to substantiate priol' Applications for Payment, or resulting from errmrs
subsequently discovered by the Owner's accountants in such documentation. .
5
e
e
e
12.5.3.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certifica~e
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 tl1-e
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 ~s
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 Subcontractor' s sched~e
of values, less retainage of ten percent (10 %). Pending f'U1lI1 determination of amounts to be p~d
to the Subcontl,'aCtor 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
Order.
12.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipm~rtt
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, l~ss
retainage of ten percent (10 % ).
12.7.3 Subtract the aggregate of previous payments made by the Contractor to the Subcontractqr.
12.7.4 Subtract amounts, if any. for which the Architect has withheld or nullified a Certific~te
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 suffici~nt
to increase the total payments to the Subcontractor to one hundred percent (100%) of $e
Subcontract Sum, less amounts, if any, for incomplete Work and unsettled claims; and, if fmal
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 paymellts
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 of the information furnished by the Contractqr.
6
e
.
e
A RTI~"1<', 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 responsibUity to correct defecti~e
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 fm~l
ac<;aunting for the Cost of the Work have been submitted by the Contractor and reviewed by t1).e
Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Archite~t
within seven (7) days of Contractor's request; such fmal payment shall be made by the Owner n9t
more than 30 days after the issuance of the Architect's final Certificate for Payment.
13.2 The amount of the final payment shall be calculated as follows:
13.2.1 Take the sum of the Cost of the Work substantiated by the Contractor's fmal accountiI1g
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 fiQal
Certificate for Payment as provided in the General Conditions or other provisions of the Contr~ct
Documents.
13.2.3 Subtract the aggregate of previous payments made by the Owner.
If the aggregate of previous payments made by the Owner exceeds the amount due the Contractqr,
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 fi~al
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 ~e
Contractor's fmal accounting, and provided the other conditions of Paragraph 13.1 have been met,
tlJ.e Owner shall, within seven days after receipt of the written report of the Owner's accountan,ts,
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 certificateias
provided in the General Conditions. 'The time periods stated in this Paragraph 13.3 supers~de
those stated in the General Conditions.
13.4 If, subsequent to final payment and at the Owner's request, the Contractor incurs cqsts
described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work,
the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable ther~to
7
e
e
e
on the same basis as if such costs had been incurred prior to fmal payment, but not in excess elf
the Guaranteed Maximum Price, if any. If the Contractor has participated in savings as provld~
in Paragraph 5.2, the amount of such savings shall be recalculated and appropriate credit giv~n
to the Owner in determining the net amount to be paid by the Owner to the Contractor.
A RTI~I.1<', 14
MISCELLANEOUS PROVISIONS
14.1 Where reference is made in this Agreement to a provision of the General Conditions Qr.
another Contract Document, the reference refers to that provision as amended or supplement~d
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.
A R1'T~T .F. 1 ~
TERMINATION OR SUSPENSION
15;1 The Contract may be terminated by the Owner for cause as provided in Article 15 of t~e
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 exceeded.
8
10/05/94 16:53 UALLE DEL RIO COMPANY, INC. .. 363 92lil 511!:l
OCT as '94 04:41PM CITY OF ASPEN
.
NU.,j~ 1.o'1::l~
P.5
.'
ThlI ApMmu:1l1 is enrerediAto lIS of the day all4 year rlllt writlel\ i.bov. and Is executed In a lellS~
three original topies of whlch ODe is to bo deli\'Wll! to the Comraetor, one to the Architcc;t for "'51:
in the administration of the Contra~t, and the remaindel' to the Owner.
CONTRACTOR
BY:~ IA' ~f) J7'nl"d.-A-.:.
Sl&natur.
Emil T. Mack1, President
Name It. Title
CITY OP ASPEN. COLORADO
.
John S. Bennett, Mayor
z~<~
Crl5tophll . City Engi1lccr
APPllOVED AS TO FORM:
,...'W/7~
John "\Vi(rcestor. City AttomllY
ATTEST:
Kathryn K. Koch. City Clerk
CDQ5,U"'*ll
e
II