HomeMy WebLinkAboutresolution.council.031A-97
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RESOLUTION NO. 3lA
Series of 1997
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN,
CO'LORADO, AND THE DESIGN BUILD TEAM OF RUDD CONSTRUCTION INC./
BAKER FALLIN ASSOCIATES, INC., SETTING FORTH THE TERMS AND
CONDITIONS REGARDING THE AFFORDABLE HOUSING PROJECT, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF
OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract between the City of
Aspen, Colorado and The Design Build Team of Rudd Construction Inc./ Baker Fallin
Associates, Inc. a copy of which contract is annexed hereto and made a part thereof.
NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that contract between the
City of Aspen, Colorado, and The Design Build Team of Rudd Construction Inc./ Balcer Fallin
Associates, Inc., regarding the Affordable Housing Project a copy of which is annexed hereto
and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to
execute said contract on behalf of the City of Aspen.
Dated: a/Ad. ~
,1997 ~
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John . Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
a true and accurate copy of ~ion adopted by the City Council of the City of Aspen,
Colorado, at a meeting held . DUS , 1997. '
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CITY OF ASPEN
PART TWO AGREEMENT
OF THE
DESIGN/ BUILD CONTRACT
FOR THE CONSTRUCTION
OF THE
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1997
. AFFORDABLE HOUSING PROJECT
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WITH THE DESIGN BUILD TEAM OF
RUDD CONSTRUCTION, INC./
BAKER FALLIN ASSOCIATES, INC.
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PART TWO AGREEMENT FOR DESIGN/BUILD PROJECT
Th.. C::l't"y or A.pen
THIS AGREEMENT, made and entered into on APRIL 28. 1997 ,by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and RUDD CONSTRCUTION
Inc.lBAKER FALLIN ASSOCIATES , hereinafter called the
"Design/Builder".
WHEREAS, the City has caused to be prepared, in accordance with the law,
specifications and other Contract Documents for the work herein described, and has approved
and adopted said documents, and has caused to be published, in the manner and for the time
required by law, an advertisement, for the project entitled: Affordable Housing Project,
. and,
WHEREAS, the Design/Builder, in response to such advertisement, or in response to
direct invitation, has submitted to the City, in the manner and at the time specified, a sealed
proposal in accordance with the terms of said Invitation for Proposals; and,
WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined,
and canvassed the proposals submitted in response to the published Invitation for Proposals
therefore, and as a result of such canvass has determined and declared the Design/Builder to
be the most responsive proposer for the said Work and has duly awarded to the Design/Builder
a Part 2 Agreement therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Part 2 Agreement herein
mentioned:
1. The Design/Builder shall commence and complete the Work as fully described in
the Contract Documents.
2. The Design/Builder shall furnish all of the materials, supplies, tools, equipment,
labor and other services necessary for the Work described herein.
3. The Design/Builder shall commence the Work required by the Contract
Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed"
and will complete the same by the date and time indicated in the Special Conditions unless the
time is extended in accordance with appropriate provisions in the Contract Documents.
4. The Design/Builder agrees to perform all of the Work described in the Contract
Documents and comply with the terms therein for a sum not to exceed Three Million Five
Hundred Sixty Three Thousand Thirty Three Dollars, ($3,563,033,00), which amount
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includes a $60,000.00 amount budgeted for contingencies. As an added incentive to
perform all of the Work described in the Contract Documents for an amount less than the not to
exceed amount set forth above, the parties hereto agree that Design/Builder may receive
compensation equal to one half of all savings achieved, exclusive. of the $60,000.00
contingency amount. By way of example, If the total project cost is $3,500,000, then the
Design/Builder shall be entitled to additional compensation of $1516.50 (($3,563,033 -
60,000.00 _ 3,500,000) / 2 ). All expenses from the $60,000.00 contingency amount shall
require an approved Change Order.
5. The term "Contract Documents" means and includes the documents listed in the
City of Aspen General Conditions for Design/Build Project and in the Special Conditions, if any,
and the City approved Scope of Work and Drawings developed by the Design/Builder during the
Part One Agreement. The Contract Documents are included herein by this reference and made
a part hereof as if fully set forth here.
6. The City shall pay to the Design/Builder in the manner and at such time as set
forth in the General Conditions, unless modified by the Special Conditions, such amounts as
required by the Documents.
7. This Part 2 Agreement shall be binding upon all parties hereto and their respective
heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the
contrary contained herein or in the Contract Documents, this Part 2 Agreement shall be subject
to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval
requirements of Section 4-08-040. This agreement shall not be binding upon the City unless
duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized
official in his/her absence) following a resolution of the Council of the City of Aspen authorizing
the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the
same.
, 8. This agreement and all of the covenants hereof shall inure to the benefit of and be
binding upon the City and the Design/Builder respectively and their agents, representatives,
employees. Successors, assigns, and legal representatives. Neither the City nor the
Design/Builder shall have the right to assign, transfer or sublet his or her interest or obligations
hereunder without the written consent of the other party.
9. This agreement does not and shall not be deemed or construed to confer upon or
grant to any third party or parties, except to parties to whom the Design/Builder or the City may
assign this Part 2 Agreement in accordance with the specific written consent, any rights to claim
damages or to bring suit, action or other proceeding against either the City or the
Design/Builder because of any breach hereof or because of any of the terms, covenants,
agreements or conditions herein contained.
10. No waiver of default by either party of any terms, covenants or conditions hereof
to be performed, kept and observed by the other party shall be construed, or operate as, a
waiver of any subsequent default of any of the terms, covenants or conditions herein contained,
to be performed, kept and observed by the other party.
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11. The parties agree that this Part 2 Agreement was made in accordance with the
laws of the State of Colorado and shall be so 'construed. Venue is agreed to be kept
exclusively in the courts of Pitkin County, Colorado.
.12. In the event that legal action is necessary to enforce any of the provisions of this
Part 2 Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's
fees.
13. This Part 2 Agreement was reviewed and accepted through the mutual efforts of
the parties hereto, and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of this Part 2 Agreement.
14. . The undersigned representative of the Design/Builder, as an inducement to the
City to execute this Part 2 Agreement, represents that he/she is an authorized representative of
the Design/Builder for the purposes of executing this Part 2 Agreement and that he/she has full
and complete authority to enter into this Part 2 Agreement for the terms and conditions
specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Part 2 Agreement on the
date first above written.
ATTESTED BY:
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By:
Title:
Ci
FOR APPROVAL: APPROVED AS TO FORM:
By: /;&I;/j~ 51/~il1-
City Attorney~
ATTESTED BY:
DESIGN/BUILDER:
By ryaJ ~
Title: VIGIL P/Z.E-S/OE/t./7
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Note: Certification of Incorporation shall be executed if Design/Builder is a Corporation. If a
partnership, the Agreement shall be signed by a Principal and indicate title.
CERTIFICATE OF INCORPORATION
(To be completed if Dw:"T'I/Builder is a Corporation)
STATE OF
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On this ~ day of m~ ,1991 ,before me appeared
MClfk Przy by (-s k; , to me personally known, who,
being by me fin:;t duly sworn, did say that s/he is Vi C~ Pre 5; d en -f of
f2..tu:1cf COfl.5+rtAC-i-; an, -::z:hc. , and that the seal affixed
to said instrument is the corporate seal of said corporation, and that said instrument was signed
and sealed in behalf of said corporation by authority of its board of directors, and said deponent
acknowledged said instrument to be the free act and deed of said corporation.
COUNTY OF
WITNESS MY HAND AND NOTARIAL S.EAL the day and year in this certificate first above
written.
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Notary Public
1;8;;( f1cu...A- a....e. ~t-, eo
Address
My commission expires: .3 -~(-o<t){JO
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CITY OF ASPEN
SPECIAL CONDITIONS
FOR THE
PART TWO AGREEMENT
OF THE
DESIGN/ BUILD CONTRACT FOR THE CONSTRUCTION OF THE
AFFORDABLE HOUSING PROJECT
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WITH THE DESIGN BUILD TEAM OF
RUDD CONSTRUCTION, INC./
BAKER F ALLIN ASSOCIATES, INC.
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SPECIAL CONDITIONS FOR
PART TWO AGREEMENT
INTRODUCTION
The purpose of the Special Canditions propased herewith are to amend and supplement the
General Conditions in a manner intended to better accommodate the Contract for Constructian
and the Contract Administration of the Waterplace Housing Project, a residential building
project.
For purposes .of clarity, reference will be made to specific articles of the City of Aspen - General
Conditions for Part Two of DesignlBuild Projects.
ARTICLE 1 - DEFINITIONS
Daily Construction Log - The DesignlBuilder stipulates that Rudd Canstruction's 'Daily
Construction Report' will be substituted for the City's form for recording daily construction
progress and project events.
Progress Pay Estimate - The AIA Form G-702 'Application and Certificate for Payment' in
conjunction with a 'Billing Worksheet' generated by the Design/Builder's accounting system
showing a brealcdown of current charges as well as a summary of the 'Contract Amount' status
will be substituted for the City's form.
ARTICLE 2 - PRELIMINARY MATTERS
2.5.l.l The DesignlBuilder will deliver a hardcopy and electronic copy within seven days after
the effective Date of the Contract an estimated progress schedule using Microsoft Project. This
schedule will be maintained and updated by the DesignlBuilder to shaw accurately using a bar
chart the estimated schedule and all task relationships on a calendar basis. The schedule will be
reviewed weekly throughout the project at weekly construction progress meetings with the City's
Project Manager and the DesignlBuild Team.
ARTICLE 4 - AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE
POINTS
4.2 Physical Conditions:
1) Unknown, below ground surface conditians of rocks larger than three (3) cubic yards
or sa lid rock formations will be reason for initiation of a change order. Removal of such
.obstacles will be accomplished by methods approved by the City Engineer and Contract
Price Adjustment will follow one of the methads described in ARTICLE 1l of the
General Canditions for Part Two of DesignlBuild Projects.
2) De-watering of excavation that cannot be accomplished with a two inch (2") pump
will be reason for initiation of a change order. Removal of water to allaw far excavation,
installation of camponents of infrastructure, or installation of building foundations will be
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accomplished by methods approved by the City Engineer and Contract Price Adjustment
will follow one of the methods described in Article II of the General Conditions for Part
Two of Design/Build Projects.
4.4 Reference points
1) The City will be responsible for staking all lot corners of lots to be built upon prior to
commencement of excavation by DesignlBuild Team.
2) The City will be responsible for above ground marking of water and sewer taps.
3) The City will be responsible for any further surveys, such as, Improvement Location
Certificates, (ILC) required by financial institutions prior to transference of properties.
4.5 Protection and Restoration of Property and Landscape:
4.5.5 Materials storage, equipment parking, vehicle parking and stockpiling excavated
materials shall be allowed within the project limits. Prior to commencement of
construction under the DesignlBuild Team contract all stockpiles of unusable dirt and/or
materials will be removed by others from the site and the site will be inspected by City
Project Manager and DesignlBuilder representative for acceptance. The existing pile of
top soil at the site will be stockpiled by the Design/Build Team and used in finish grading
4.5.6 Prior to commencement of work under the DBT contract the City shall inspect the
site for damage to vegetation and other environmental features that might have occurred
during installation of the site infrastructure, record this data with the proper agency, and
submit to the DBT for it's sign off.
ARTICLE 5 - BONDS, INDEMNIFICATION AND INSURANCE
5.2 Indemnification: It is the intent of the DesignlBuilder to extend indemnification to the City.
However, it is not the intent of the DesignlBui1der to allow that indemnifi,cation to extend to the
potential homeowners ofWaterplace Housing.
5.3 DesignlBuilder's Insurance
5.3.2.2 Commercial General Liability: It is the intent of the DesignlBuilder to provide
Commercial General Liability with limits as per Article 5.3.2.2. It should be noted here
that Commercial General Liability does not extend coverage to potential homeowners,
but only to the Owner, the City of Aspen.
ARTICLE 6 - DESIGN/BUlLDER'S RESPONSIBILITIES
6.3 Labor, Materials and Equipment:
6.3.1 The DesignlBuilder hereby requests that 'blank:et permission' for overtime work and
work on Saturdays and Sundays be incorporated as a part of this contract. The
DesignIBuilder will comply with all City ordinances and regulations. The City will not
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be responsible for any overtime work compensation or any other costs resulting from
overtime work.
6.7 Work Schedule:
6.7.l The Design/Builder shall give the Project Manager 48 hour notice prior to beginning any
Work requiring the removal of existing trees. It is the intent of the Design/Builder to preserve to
the fullest extent possible existing trees and to remove only those trees absolutely necessary and
approved for removal by the City. The DesignlBuilder will comply with all City ordinances and
regulations regarding removal and relocation of trees. The City Project Manager will speci:fy to
the Design/Builder the trees approved for removal within the 48 period prior to excavation.
6.10 Subcontracting and Percentage of Work Awarded to Subcontractor(s):
6.10.2 The Design/Builder may award work to Subcontractors, but, regardless of the
amount of the work subcontracted the Design/Builder will remain the primary Contractor
and will be responsible for the performance and quality of the work of the
Subcontractors.
6.12 Permits: The Design/Builder shall obtain, and the City will waive building permit fees and
licenses for the Housing Project. The City shall pay for all governmental charges and inspection
fees necessary for the prosecution of the work. The City shall pay for all charges of utility
owners for connections to the work, and the City shall pay all charges of such utility owners for
capital costs related thereto such as main infrastructure construction, and meter costs and
deposits.
6.14 Taxes: The DesignlBuildef'is not responsible for the payment of any taxes regardless of
the taxing authority. The City is responsible for determining the applicability of tax exempt
status as it applies to the construction ofWaterplace Housing and is responsible for the payment
of any taxes or fees connected to the project should they be deemed applicable.
6.19 Shop Drawings and Samples:
6.l9.5 In the matter of Shop Drawings, BalcerlFallin Architects must retain and utilize
professional engineers, registered in Colorado and approved by the City Engineer to
perform in the "Engineer" category a defmed in the General Conditions of this Contract.
Review of non-structural drawings by the City Project Manager, David Hauter, will talce
place within seventy-two business hours after review by BalcerlFallin.
ARTICLE 7 - OTHER WORK
7.1 Related Work at Site:
7.l.1 The Design/Builder malces the following addition to this paragraph;
The Design/Builder shall submit to the City in writing any proposed change in the
Contract Price or the Contract Time attributable to the impact of other work performed
by the City or by others under direct contracts with the City at the site according to
Article ll, par. ll.2.5 Approval of changes in the Contract Price or the Contract Time
will be necessary before commencement of the other work.
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ARTICLE 8 - CITY'S RESPONSIBILITIES
8.2 Refer to ARTICLE 1 - DEFINITIONS for description of alternative forms for payment
requests by the DesignlBuilder.
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION
9.l City's Representative: The City's Project Manager shall be the City's representative during
the construction period and the term City Project Manager should be substituted for City
Engineer in all places where above ground construction of buildings and foundations and their
associated utilities are is referred to, and where related Construction Contract issues are
mentioned. The duties and responsibilities and the limitations of authority of the City Engineer
as the City's representative during construction shall remain intact where related to the
construction of underground improvements including installation of primary utilities to within
five feet of building envelopes, site drainage, paving, and all work incidental to site work.
9.6 Rejecting Defective Work: The City Engineer will have authority to reject defective work in
areas of concern mentioned in Article 9.1 The City Project Manager will have authority to reject
work in areas of concern mentioned in Article 9.l relating to construction within the building
envelopes. No individual buyers will have the right to reject work.
ARTICLE 11. CHANGE OF CONTRACT PRICE OR CONTRACT TIME
1l.4 Contract Sum Determination
11.4.1 Direct Labor. (see attachedfor Design/Build Team labor costs)
ARTICLE 14. PAYMENTS TO DESIGN/BUILDER AND COMPLETION
l4.1 Determination of Work Value: The Design/Builder stipulates that the basis for progress
payments be on a percentage of work completed, materials purchased and stored on site and for
deposits paid by the DesignlBuild Team when required. Applications for Payment subject to the
Project Managers review and approval will be paid within two weeks.
l4.2 Application for Progress Payment: The DesignlBuilder stipulates the use of AiA form
G702 'Application and Certificate for Payment' in conjunction with a 'Billing Worksheet'
generated by the DesignIBuilder's accounting system showing a brealcdown of current charges as
well as a summary of the Contract Amount status. The DesignlBuilder shall use AIAform G703,.
Continuation Sheet to brealc the contract sum into portions of the work in accordance with a
schedule of values approved by the City. The DesignlBuilder will submit within two weeks of
the Effective Contract Date a complete schedule of values and an estimated payment schedule
showing an amount by month all the probable Contract Amount Payments due.
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l4.2.l Standard Retainment: The Design/Builder proposes that the amount to be retained shall
be 5% of the value of the completed work. Upon partial utilization of individual units by the
Owner, the retainage value will be proportionally reduced, provided the total amount of the
retainage shall not be reduced below $50,000. Partial Utilization shall not be allowed until all
Punch List items(ref. par. l4.7) have been completed and all corrections completed to the
satisfaction of the City. Partial Utilization shall not be allowed until all maintenance and
operating instructions and other documents regarding utilization of an individual unit as required
by the Contract Documents have been delivered.
14.6.1 The Design/Builder stipulates that, should the City request partial utilization of the
project and the Design/Builder certifies that said part of the work is one hundred percent(100%)
complete and accepted by the City as one hundred percent(lOO%) and ready for use as its
intended purpose, that the amount retained from payment on that portion of the work be paid
within thirty(30) days and further that the value of that portion of the work no longer be subject
to liquidated damages.
No portion of the work shall be occupied until one hundred percent(lOO%) completion is agreed
to, and certified, by the City and the Design/Builder.
l4.9 Notice to Subcontractors:
The City shall cause to be published the first public notice within seven (7) days after one
hundred percent(1 00%) completion is agreed to, and certified, by the City and the
Design/Builder.
l4.11 Liquidated Damages
14.ll.3 Liquidated Damages: The Design/Builder stipulates that Liquidated Damages be
assessed at $l 00,00 per unit, per day for any unit not completed by the Adjusted Contract
Time.
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