Loading...
HomeMy WebLinkAboutresolution.council.063-93 - e e'" \ '~" RESOLUTION NO. fD ~ Series of 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SUPPLY PROCUREMENT AGREEMENT BETWEEN GRAND JUNCTION PIPE & SUPPLY, BASALT DIVISION, 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 supply procurement agreement between Grand Junction Pipe & Supply, Basalt Division, 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 supply procurement agreement between Grand Junction Pipe & Supply, Basalt Division, 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 Aspen 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 1:3 day of ~ 1993. ~ 'Y. (j~..:;f' 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 held on the day hereinabove stated. h Kathr Grall(UUn.rcs . e;, I,". "~, ,.." ., CONSTRUCTION AGREEMENT THIS AGREEHENT, made and entered into, this , 1993, by and between the City hereinafter referred to as the "City" and NEWSTROM DAVIS CONSTRUCTION COMPANY OF COLORADO, 0905 Highway 133, Carbondale, Colorado 81632, hereinafter referred to as the "Contractor" . 27th day of September ot Aspen, Colorado, The Project is: The Architect is: ASPEN CITY SHOP GIBSON , RENO, ARCHITECTS The owner and Contractor agree as set forth below: ARTICLE 1 THE CONTRACT, DOCUHEN'rS 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, 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 in inconsistent with this Agreement, this Agreement shall govern. ARTICLE 2 THE WORlC 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, architecturai, structural, mechanical. electrical engineering which will ,be the responsibility of Gibson & Reno Architects, as described in the Contract Documents. 1 e e 1- ., ARTICLE 3 RELATIONSHIP OF THE 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 Contractor's best skill, efforts and judgment in furthering the interests of the Ownerl to furnish efficient business administration' and supervision; to make best efforts to' furnish at all times an adequate supply of workers, materials, equipment al'td 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 m9st 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. ARTIn..... 4 DATE OF COKMENCBKE!rr AND SUBSTANTIAL COMPLETION 4.1 The date of commencement and date that Contractor shall achieve Substantial Completion of the entire Work shall be the dates to be fb;ed in a Notice to Proceed issued by the Owner and within (10) ten days of issuance of a building permit. ARTICLE 5 CONTRACT PRICE 5.1 ~he 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: Six perce~t (6.0%) on the Cost of the Work. 5 . 2 GUARANTEED MAXIMU:K PRICE 5.2.1 The sum of the Cost of the, Work and the Contractor's Fee is guaranteed by the Contractor not to exceed: One Kill~on Four Hundred Forty Thousand. Three Hundred Thirty Six Dollars ($1,440,336.00), subject to additions and deductions by Change Order as provided in the Contract , Documents. Such maximum sum is referred to ion the Contract Documents as the Guaranteed Maximum Price, costs which would 2 ~ II' ~, ~j. ,e', \it, "<", cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. ARTICLE 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. ARTICLE 7 COSTS TO BE REIMBURSED 7.1 The term Cost of the Work shall 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 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 = 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. 3 tit ~ ~. e - -, ARTICLE 11 , ACCOUNTING RECORDS 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 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. ARTICLE 12 PROGRESS PAYl\1ENTS 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. 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 (1) 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 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 , 1 I , 'I I I , I i ,I I ,.. ~. e, Q ~~". - 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 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 compler.ed 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. 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 retainag.e of ten percent (10%). The C~ntractor'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 errors subsequently discovered by the Owner's accountants in such documentation. 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. 5 .e \, , '-"". (A - e", k "l!, 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 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 Change Order. 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 Contractor 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 Subcon~ct 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 of the information furnished by the Contractor. 6 e .. ., e, . ~\ ~~ ARTICLE 13 FINAL PAYMENT 13.1 Final payment shall be made by the Owner to the Contractor when (I) 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 final 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 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 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 the Owner. 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 ~ 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. C9ntractor. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Contractor's final accounting, and provided the other conditions of Paragraph 13.1 have 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 excluded by Article 8 to correct defective or nonconforming Work, the Owner shall reimbUrse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in 7 7 ,. .. e! *' , ~, "'\. ft,' ~ .~ - c 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 MUSCELLANEOUSPROVffiIONS 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. 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 exceeded. ~ 8 , - '. -, ~. '\," e:,i" \ '\c~ . September 27, 1993 This Agreement is entered into as of the day and year first written above and is executed in acleast three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER City of Aspen By: AT~ '~ 'LUp) ,0 , 9