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HomeMy WebLinkAboutresolution.council.026-95 RESOLUTION #26 (Series of 1995) A RESOLUTION APPROVING A CONSTRUCTION AGREEMENT BETWEEN BASALT CONSTRUCTION COMPANY, AND THE CITY OF ASPEN, COLORADO, FOR DRIVING RANGE FENCE CONSTRUCTION, AND AUTHORIZING THE MAYOR 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 Basalt Construction Company and the City of Aspen, a true and accurate copy of which 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 construction agreement between Basalt Construction Company and the City of Aspen, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor 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 /~-~ day of May 1995. Johfi S. Bennett, Mayor I, Katlu'yn 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 held on the day hereinabove stated. CONSTRUCTION A GREF_.IVI~,NT THIS AGREEMENT, made and entered into, this day of May ,197~ by and between the City of Aspen, Colorado,' hereinafter referred to as the "City" and Ba~aI't Construction Co. ; hereinafter referred to as the "Contractor". Aspen Cfty Golf Course The Project is: Driving Range Fence Construct-iDn ~" The Architect is: Patt~'ll'o & Associates The Owner and Contractor agree as set forth .below: ARTICLE 1 ~ CONTRACT DOCUMENTS 1.1 The Contract Documents.consist of this Construction Agreement, Conditions of the Contract (G'eneral, S~pplemehta~ 'and other Conditions), Drawings, Specifications, the City's Request for Qualification Statements, Contractor's Qualificatibn. Statement, Addenda '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 th{s Agreement, this Agreement shall govern. ARTICLE 2 THE V~ORK 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, and more specifically, architectural, stmctdral, mechanical, electrical engineering which will be · the responsibility of cit7 of Aspen , as described in the Coatract Documents. ! RELATIONSH31' OF ~ PARTIES 3.1 The Contractor accepts the relationship of trust .and'confidence established by this Agreement and covenants with. the Owner to cooperate with the Architect and utilize the · "~' ' efforts and judgment in furthering the interests of the Owner; to furnish · Contractor s best skill, 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 apprn~n~ in a timely way information required by the Contractor and making payments to the Contractor in accordance · with requirements of the ContraCt Documents. · DATE OF COMB4~NC~ AND SUBSTANTIAL COMI'LETION 4.1 The date of commemcement and date that Contractor shall achieve Substantial CompI~'tion of the entire Work shall be the dates to be fixed in a NOtice to Proceed issued by the Owner and wi)ain ten (i0) days'of issuance'of a building permit~. ARTICLE 5 CONTRACT PRICE · 5.1 The Owner 'shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Price consisting of the Cost of the Work as defined in Sections 11.4 and Section 11.5 of the General Conditions and the ContractOr's Fee determined as follows: One hundred perce~ ( ~ 00 %) on.the Cost of the. Work. Change Orders will be charged at.One hundered percent' (_~0 _%) on Subcontractors and one hundred percent ( 100 %) for work performed by Contractor. 5.2 GUARANTEED MAXIMUM PRICE 5.2.1 The sum qf~ tli,e Cost of the Wqrk ~n~d the Contractor's Fee is guaranteed by the Contractor not to exceed Fifty four sJ-xV'nJ-net:¥ 'cwo Dollars ($54,692 subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documefits as the Guaranteed Maximum Th±s cont:rac~: is a lump sum contract: as per bJ-d schedule t:o complet;e 2 all it:ems bid. Price, C~sts which would cause the Guaranteed Maximum Price to be exceeded, shall be paid by the Contractor without reimbursement by the Owner. ARTICLE fi CHANGES IN ~ 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. COSTS TO BE REIMBURSED 7.1 The term Cost of the Work shall mean cost~ necessarily incurred by the C~ntractor 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 ~he Owner. The Cost of th.e Work shall include only the items set forth at Article 11.4 of the General Conditions. ARTICLE 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. · ARTICLE I0 SUBCONTRACTS AND OTHER AGREEMENTS 10.i Those portiOns of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be l~rformed under subcontracts or by other .appropriate agreements with the Contractor. The Contractor shall obtain bids from S. ubcontractors 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 rexsonable objection of the Architect or Owner, which bids will be aecepted. The Owner may designate specific persons or entities from ~vhom the Contractor shall obtain bids; however, inasmuch.as a Guaranteed Maximum Price has been established, the Owner may not prohlbi.t the Cont[act6r from 'obtaialng bids from others. The Contractor shall 3ot be required to' cofitract with anyone to whom the Contractor has reasonable objection. The Contractor shall not contract with anyone to whom Owner or Architect has reasonable objection. 3 ARTICLE 11 · . .. ACCOUNTING RFA2ORDS 11.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control · systems sfiall be ~atisfactory to the Owner. The Owner and the Owner's accountants shall be afforded access to the 'Contractor's records, books, correspondence, instructions, drawings, receipts, subconh'acts, purchase orders, vouchers, memoranda and other data relating to this Contract, and the Contractor shall preserve these for a period of three years after fins1 payment, or for such longer period as may be required by. law. ~RTICLE 12 PROGRESS pAIqVIFAvrs 12.i 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 accouni of the Coatract Sum to the Contractor as provided below and elsewhere in 'thc Con.tract Documents. ' ' 12~2 The l~riod 'co-;,ered'by each Application for Pa.yment shall be one calendar month ending on the last day of the month. 12.3 Provided an Application fo~ Payment is received by th~0~ri~ ~' not later than the first day of a month, the Owner shall make payment to the Contractor not later than the ten. th day of the following month. If an Application for Payment is received by the0~'~lO~' 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 Coatraet0r shall submit payrolls, petty cash accounts, receipted invoices or invoices with. check.vouch.ers attached, and any other evidenee 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 ConU'actor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payroll~ 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 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 values shall allocate the entire Guaranteed Maximum-Price among .the various portions of the work, 4 except that the Contractor's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architi:ct may require. This schedule, unless objected to by the Architect, shall be used as a. basis for reviewigg the Contractor's Applications for Payment. .12.5.2 Applications for Payment shall 'show the Percentage completion of each portion of the · Work as 6f the end of the period covered by the Application for Payment.. The percentage completion shall be the les?er of (1) the percentage of that portion of the Work which has actually been 'completed or (2) the Percentage obtained by dividing (a) the expg. ase 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. IOiof.values. Pending final determination of cost to the Owner of changes in the Work, amounts not 'in dist3fite may' be included as provided in the General Conditions,. even though the Guaranteed Maximum Price has not yet been adjust.ed by Change Order. 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 inenrporation in the Work or, if approved in ~dvance 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 retalnage 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 12.4 to substantiate prior Applications for Payment, or resulting from ' err6rs subsequently discovered by the Qwner's accountants in such documentatign. .. 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 thc Owner's prior approval, paymenis to Subcontractors included in the Contractor's Applications for Payment shall not exceed an amount for each Subcontractor calculated as follows: · '12.7.1, Tkk~ that portion of the Subcontract Sum properly'allocable to completed :Work as. determined by multiplfmg 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 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~ Ch.ange Order. 12.7.2 Add that portion of the Subcontract Sum properly allocable t6 materials and equipment delivered and suitably stored at the site for subsequent incorporation jn the Work or, if approved in advance by the Owngr, suitably stqred 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 Contractor to 'the OSubcontractor. 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 a..cCOunt 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 al the site. 12.9 In taking action on the Contractor's Applications for Payment, the Architect shall be entitled to rely on the ~ceuracy and completeness of the information furnished by the Contractor.. ..-. ~RT~CL~ 13 FE~AL PAYMENT 13.1 Final payment shall b~ m~dc by ~ Owner ~ ~ Con~ctor whc~ (1) ~ Con.ct h~ b~n ~y,~o~ 'by ~e Con~ctor ~x~pt for ~e Con~ctor's res~nsib~ty ~ ' def~five or non~nfo~g Work, ~ pw~d~ h ~e G~c~ ~ondifions, ~d to ~fisfy other r~u~m~, ff ~y, w~eh n~y suave tint paymtnt; (2) a fine Appli~fion for Payment ~d a ~ a~unfing for ~e Cost of~e Workhave b~ submitt~ by ~e Con~ctor ~d ~ew~ by ~e O~er's a~un~; ~d (3) a ~fl ~fi~ for Paym~t h~ ~ b~n issu~ by ~e ~c~t wi~ ~v~ ~ ~ys of ~n~cWr's r~u~t; such tint paym~t shill be made by ~e Owner not more ~ 30 ~ys ~r ~e iss~ of ~e ~e~t~t~s fret Ce~fi~ for Paym~t. 13.2 ~e ~ount of ~e ~fl paym~t sfi~ ~ ~eu~ ~ follows: 13.2.1 T~e ~e sum of ~e Cost of ~e Work subs~fia~ by ~e Con~ctor's tint a~unfing .. ~d ~e Con~etor's F~; but not mom-~ ~e G~ M~mum 13.2.2 Sub,et ~ounm, iffy, for w~eh ~e Archit~t wi~holds, in whole or in p~, a tint . Ce~fimm for Paym~t ~ pro~d~ ~ ~e G~e~ Conditions or o~er provisions of ~e Con~ct ' 13.2.3 Sub~ct ~e aggrega~ of pre~ous paym~m made by ~e Owner. If ~e aggregate of previous paymen~ made by ~e Owner exes ~e amount due Con~ctor, ~e Con~etor shill mimbur~ ~e differ~m to ~e Owner. 13.3 ~e o~er's a~unmm w~ review ~d reda ~ ~fing on the Con~ctor's tint a~unfing M~n 30 ~ys ~ter de~ve~ of ~e ~fl a~unfing'to ~e Owner by ~e Con~ctor. B~ u~n such Cost of.~e Work-~ ~e O~er's a~unmm rein to be subsmfiat~ by Con~ctor's ~fl a~unfing; ~d' provid~ ~e o~er renditions 0f Prograph 13. { have 'b~n m~, ~e Owner sh~, wi~in ~v~ ~ys ~r ~ipt of ~e ~n rein of ~e Owner's a~un~U, eider issue to ~e owner a ~fl ~mm for Payment M~ a ~py to Con~ctor, or nofi~ ~e Con~etor ~d O~er ~ wring 6f ~e Owner's r~ons for wi~hold~ng a ~fim~ ~ provid~ in ~e G~e~ Conditions. ~e time ~fi~s smt~ in ~is Prograph 13.3 su~r~e .~o~ smt~ in ~e G~e~ Conditions. 13~.4 if, sub~uent~ to ~nfl payment ~d at ~e~ Owner's r~u=t, ~e Con~ctor incurs ~su d~cfib~ ~ ~cle 7 ~d not exclud~ by A~cle 8 to m~t def~tive or nonmnfo~ing Work, ~e Owner sh~l reimbur~ ~e Con~ctor such msm ~d ~e Con~ctor's F~ applimble ~ereto on ~e ~me b~is ~ if such ~s~ had b~n ~cu~.pfior to tint payment, but not in 7 : excess of the Guaranteed Maximum Price, if any..If the Contractor has Participated in ~vings " .as provided in Paragraph 5.2, the amount of st~eh savings shall be recalculated-and appropriate credit given to the Owner in determining the net amount to be paid by the Owder .to'the Contractor. MISCELLgaNEOUS 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 prov!sion as amended or supplemented by other provisions of the Contract DOCuments. ... 14.2 Payments due and u,npaid 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. ARTICLE 15 TERMINATION OR SUSPENSION gi~5.1 The Contract may ~e terminated by the Owner for cause as provided ha Article 15 of the ~neral C6fiditions;' hoWever,"the amount, if any, ~to be paid to the Cor~tracfor under this Agreement shall not cause the Guaranteed Maximum Price to be exceeded.