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HomeMy WebLinkAboutresolution.council.037-04 RESOLUTION NO. ~-~ Series of 2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A PHASE II DESIGN BUILD CONTRACT FOR THE WHEELER OPERA HOUSE FIRST FLOOR MASTER PLAN WITH FENT©N CONSTRUCTION, INC.; AND AUTHORIZING THE MAYOR, CITY MANAGER OR ASSISTANT CITY MANAGER TO EXECUTE SAID AGREEMENT AND OTHER RELATEED DOCUMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City of Aspen City Council approved Part I of the Design Build Contract on March 22, 2004. The Wheeler Opera House is nearing completion of the design phase and are preparing to enter into Part II of'the Design Build contract. NOW, THEREFORE, BE IT 'RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the City'Council of the City of Aspen hereby approves Part II of the Design Build Contract for the Wheeler opera House First Floor Master Plan with Fenton Construction, Inc., for an amount not to exceed $191,000.00, all as set forth in the General Conditions and Part II Agreement for Design/Build Projects appended hereto as Exhibit INTRODUCED, READ AND ADOPTED by the City Council o f the City of Aspen on the ,,// / Helen I?,2. kla~f~md, Mayor I, Kathtyn 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 herein above state~d~ o~ c~,/C//~/~it~y~ TLO- sa~ed: 4/13/2004~373-G:\john\word\resos\wheeler-desi9n-build-ph2°d°c Wheeler Opera House Remodel CITY OF ASPEN, COLORADO GENERAL INFORMATION FOR TWO PART AGREEMENT OF DESIGN/BUILD PROJECT [Version DB-101) The Two Part Design/Build Agreement for construction projects consists of two separate agreements (Part 1 and Part 2) and General Conditions related to each part. These agreement documents are an integral part of the Contract Documents for the particular construction project described therein. These agreement forms are intended to establish a contractual relationship between the City of Aspen and a Design/Builder. Design/build is a process in which the City of Aspen contracts directly with one entity that is to provide both design and construction services. The Design/Builder's organization may take a variety of forms, such as a sole proprietorship, a partnership, a joint venture, or a corporation. An architect or architectural firm may directly contract to perform design/build, or alternatively may form a separate corporate entity or joint venture for design/build, although these options are not explicitly stated in the document. The City of Aspen's Design build agreement contains two separate, sequential agreements. Pan 1 Agreement covers services for preliminary design and budgeting. The Part 2 Agreement covers services for final design and construction. It is intended that the parties first enter into the Part 1 Agreement to determine the feasibility and the scope of the Project, and thereafter enter into the Part 2 Agreement. Before the Part 1 Agreement is executed, the parties should reach substantial agreement on the terms of the Part 2 Agreement, except for the scope of the Project and compensation. Note that the parties may conclude their relationship after the Part 1 Agreement is performed rather than continuing on the Part 2 Agreement. CONTENTS Part One Agreement for Design/Build Projects General Conditions for Part One Agreement for Design/Build Projects Part Two Agreement for Design/Build Projects General Conditions for Part Two Agreement for Design/Build Projects PART TWO AGREEMENT FOR DESIGN/BUILD PROJECT [ T h ~ C ~ly of Aspcn THIS~AGREEMENT, made and entered into on [DATE OF CONTRACT1 , by and between the CITY OF ASP~EN, Colorado.hereinafter called the "City", and [CONTRACTOR'S NAMEI~?'?~_._/~ /"/~. ~,.~,,~ ,~ , 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:/_¢'~./,~¢~,. ,-//J~.J~. ~/?~,~? , 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 ..ocuments a, nd co~mply with the terms therein ShOwn in tfie~prbp0sal'. Work described in the Contract for a sum not to exceed ($/,¢b,~-0'0. ~ ) or as CC4-971.doc **CC2 Page 1 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. 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. 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. CC4-971 .doc **CC2 Page 2 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. RECOMMENDED FOR APPROVAL: City Engineering Department CITY ~~,ADO By:~ Title:~ APPR( AS TO FORM: c-tt~¢6 rr~y' ' ATTESTED BY: DESIGN/BUILDER: : ' ' ' p ' I"~¢id'l ' 'gn/Builder is a Corporation. If a partnership, the Agreement shall be signed by a Principal and indicate title. CC4-971.doc **CC2 Page 3 CERTIFICATE OF INCORPORATION (To be completed if Design/Builder is a Corporation) STATE OF ~.~/-"~Jo ) COUNTY OF '/~;/,~,,~' )) SS. On this ./,,.~.-/¢~ day of/~_~. ,20¢¢ , before me appeared , to me personally known, who, being by~ me fir~,t duly s.w,orn,,~id say that s/he is ~ ~'-~¢,/~. ~.'~'~,¥z;~ of ,o sa~d~i~urn{~n~'i?~;~orp'~orate seal of said corporation~and that sa~lntshtrautmthe~tSwe;Is 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. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. 'Notary Public - ~ AdSr6~ss ¢ ' / My commission expires: CC4-971.doc **CC2 Page 4 · You do life. We'll do'the bankir~g? April 14, 2004 City of Aspen 130 Galena Aspen, CO 81611 Gentlemen: This letter is to confirm that Vectra Bank Colorado has set aside $180,000 from the existing revolving line of credit in the name of Fenton Construction, Inc. for the sole use of the City of Aspen to be used specifically in lieu of a completion bond for the Wheeler Opera House construction project. This commitment shall be kept intact for a period of one year after completion and occupancy. Vectra Bank will release funds directly to the City of Aspen upon receipt of a demand letter and invoices documenting monies owed. The demand should be mailed to P. O. Box 6628, Snowmass Village, Co 81615. Vectra Bank will remit the funds to the City of Aspen no later than 3 business days after its receipt. Please call with any questions you may have regarding this process. Very truly yours, Vectra Bank Colorado, N.A. AcknOwleded by: Fenton Construction. Inc. Patrick H. Fenton, President Deborah Fenton, Secretary EQUAL HOUSING LENOER Snowmass Branch 16 Kearns Road Suite 109 P.O Box 6628, Snowmass Village, Colorado 81615 Phone: (970) 923-2800 Fax: (970) 923-9933 Member FDIC Fenton Construction, Inc. April 13,2004 Wheeler Opera House Attn: Nida Tautvydas and Scott Smith 320 East Hyman Avenue Aspen, CO. 81611 Dear Nida and Scott, Thank you for the opportunity to submit our proposal on the Wheeler Opera House 1 st Floor Remodel Project. We have broken down our proposal into the sections listed below in our table of contents. Fenton Constmction's contact information for additional questions is as follows: Pat Fenton - President 117 South Monarch Aspen, CO 81611 Office: 920-4623 Cell: 948-5190 Fax: 920-4629 pfenton~fentonconstruct.com Miah Dancy - Project Manager 117 South Monarch Aspen, CO 81611 Office: 920-4623 Cell: 948-8878 Fax: 920-4629 jdanc¥~fentonconstruct.com Table of Contents 1. Workscope Letter 2. Timberline Estimate 3. Exclusions Please call us with any questions about our proposal. We look forward to working on the Historic Wheeler Opera House. Sincerely, Pat Fenton Miah Dancy 117 South Monarch Street, Aspen, CO '81611 Phone: 970-920-4623 Fax: 970-920-4629 Wheeler Opera House First Floor Remodel SCOPE OF WORK DESCRIPTION (To be attached and included as part of the City of Aspen Design Build Agreement) This describes scope of work and responsibilities for Reno Smith Architects, L.L.C. and Fenton Construction as it pertains to the above mentioned project. In general, responsibilities and associated liability will follow the traditional scope of work associated with architectural and construction services respectfully. These services are further defined.in AIA Documents and AIA B 151 (Architectural) and AIA A101 and AIA A201 (Construction Services). The architect shall be responsible for means and methods to produce design documents and services necessary for the contractor to build the project (this is also further defined by the architects Phase I Agreement. With the Owner (Wheeler Opera House/City of Aspen) The Contractor shall be responsible for means and methods to construct the project. Ageed to: Re o Smith~"e'l~ects, L L C \. "Fenton Construction, mc. Date: Date: Date: Fenton Construction, Inc. Wheeler Opera House Work-Scope Letter April 13, 2004 Mrs. Nida Tautvydas Mr. Scott Smith Wheeler Opera House 320 East Hyman Aspen, CO 81611 Dear Nida and Scott, This letter shall confirm our quote to you for the Wheeler Opera House Remodel and outline our scope of work, assumptions, and exclusions per the contract documents. Fenton Construction is providing this price on incomplete plans and specifications. This price is a schematic estimate. Contract Documents: Our price is in accordance with the following documents: · Architectural Sheets by Reno Smith Architects LLC, dated 4/01/04; Sheet A0.0, Title Sheet; Sheet A0.1, General Notes; Sheet Al. 1, Main Level Demo Plan; Sheet Al.2, Main Level Proposed Plan · The price is based on plans and specifications except where otherwise noted or qualified below. When an allowance is noted, it includes cost for both labor and materials unless specifically stated otherwise. · The construction cost of the work is $186,000. This price includes our contractor fee of 10%. Fenton Construction, Inc. The following items are included: Division 1- General Conditions } Project Supervision and Coordination for 2.5 months. )~ Fire Extinguisher } First Aid Equipment )~ Safety Equipment )~ Tools and Equipment Rental } Final Clean ~ As Builts Plans ~ Job Photos > Job Signs > Punch List > Trash Haul Division 2 - Site-work } Demolition of all walls as noted on plans dated 4/01/04 Division 5 - Steel Demolition of front entrances to allow for handicapped access ramps Two handicapped access ramps Metal slide-down gate Division 6 - Wood and Plastics ~ Interior wall framing per plans dated 4/01/04 } Framing Material Fenton Construction, Inc. Ticket Counter Baseboard Installation of ticket counter, owner supplied drop in safe, owner supplied benches and displays Hang all Interior doors Build Temporary Walls Casing Blocking for ADA accessible bars Install owner furnished desks in back office Separate existing ticket counter and save part to use as visitors center counter-top Installation of handicapped Door openers Installation of all new door hardware Installation of wainscot in box office bathrooms Division 7- Thermal-Moist Proofing Insulation on all interior plumbing walls Asbestos abatement excluded Division 8 -Doors and Windows 8 Interior Doors Allowance Screen separating main entrance Office Partition walls Door Hardware Allowance Automatic Door Openers One way mirror and door for back office Fenton Construction, Inc. Division 9 - Finishes Drywall Allowance Fire and Sound drop ceiling Allowance Interior Paint and Stain Allowance Bathroom Counter-tops Bathrooms Stone Tile Visitors Center Counter-top Tile Interior Signage Floor patching Allowance Drywall Patching Allowance New carpet insert at box office entrance Division 10 - Special Conditions Handicapped Access Ramp Handicapped Accessories in Bathroom Automatic Door Openers Handicapped Signage Handicapped Access Mirrors Bathroom Partitions Division 15 - Mechanical Floor Drains in bathrooms and janitors closet Bathroom fans Conditioned air to Bentley's bathrooms Fenton Construction, Inc. New plumbing to accommodate bathroom changes per plans dated 4/01/04 Allowance Plumbing Fixtures Allowance Division 16 - Electrical Electrical Rough in and Finish Allowance Fixture Allowance $2,500 Move existing panel in office Allowance Separate downstairs kitchen from entry window lights Allowance Temporary power for temporary office Allowance Separate Bentley's Panel Allowance LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and terms of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delaYed calendar day beyond the total time at the rate of $180. OOper day. This amount and the total allowed time by the City shall not be negotiable under any conditions. Attest: Corporate Seal STATE OF COLORADO ) ) COUNTY ) SS. By: Co~tractor Before me County, Colorado personally appeared notary public and for knOWIl tO me personally to be the person(s) whose signature(s) in my presence this day of A.D. 199 ~o o+ My commission expires: (Seal) LIl-971.doc. *LD 1 -' Notary/~ublic ,-t o o $. Z · °'~ 0 .la. Exclusions Builders Risk Building permits, plan review fees, State and Federal permits, tap feeS, development fees, Holy Cross, KN Energy, CATV and telephone companies. Survey of site to establish legal limits of propertylines. Relocation of existing utilities Remedial work to adjacent property utilities and relocation of existing or abandoned lines. Furniture, fixtures or equipment, wall covering. All testing and inspections Public improvement bonds- ~ ~ ~/~/~ ~ ~'-~(/'~..~_...~c~~-~. Disconnection agreements with utility companies Any work to alter existing structure for the visitors center podium Refinishing existing wood floor Any work in the downstairs offices, other than what is required to complete 1st floor remodel Bentley's kitchen Bentley's restaurant Desks and shelving in 1 st floor offices All displays shown as dashed lines in drawings dated 04/05/2004 Drop-in safe Check only one category: NOTICE TO PROCEED Fand delivered axed 130 S. Galena Street Aspen, Colorado 81611 Date: Project No. (Project Title) Dear · Enclosed please find an executed copy of the Contract Documents for the above referenced project. You are hereby informed to attend a mandatory Pre-construction Conference and you are authorized to commence construction thereafter as set forth in the Contract Documents. The Commencement Date of the contract performance time is the date fixed for the Pre-construction conference. The date for the Pre-construction conference will be set by the City Engineer. If you have any questions concerning this project please do not hesitate to call the Engineering Department. Again, thank you for your bid and your continued interest in this project. Sincerely, City Manager City Attorney Finance Department NP1-971 .doc NP1 Conditioned air to box-office bathrooms Appliances Window seats New entry air-lock system for box-office Bathroom vanities Asbestos abatement Any computer wiring for systems other than power and phone to back office Front display window lighting