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HomeMy WebLinkAboutresolution.council.162-17 RESOLUTION #162 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CHANGE ORDER 4001 BETWEEN THE CITY OF ASPEN AND PNCI CONSTRUCTION INC., AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the change order#001 between the City of Aspen and PNCI CONSTRUCTION INC. - a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTE -by Y eh City Co ncil of the City 99f Aspen on the 27'" of November, 2017. / Steven Skadron, ayor I, Linda Manning, duly appointed and acting City Clerk do cert fy 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 27`h of November, 2N7. Linda Manning, City Clerk Page 1 of 1 ?NCi Construction Inc. Change Order Request November 17, 2017 1 The City of Aspen 130 South Galena Street Aspen, CO 81611 Attn: Tim Thompson RE: Burlingame Pump house Change Order Request #1 - Micro Pile changes, with crane and crew for pump set. Mr. Tim Thompson, According to your request, we submit the following Change Order Request #1. The scope of work is listed below and our Change Order Request pricing is as follows: pricing: $40,319.00 Forty Thousand Three Hundred ninteen Dollars Scope of Work: Micro Pile plan change #1-2 add soil stabilization wall—add micro piles and soil nails to wet well with crane and crew for pump set .. see attached backup.. Please call with any questions. Thank You, Christopher Cutsforth UNCI Construction, Inc. File: 1777 Enc: COR #1 Estimate, back up 11 Page 553 25 Y: Road Grand Junction , CO 81505 . www . onciconstruction . com Phone : 9 7 0 . 2 4 2 . 3 5 4 8 Fax : 970 . 242 . 0844 / F 1 0 PHON Construction Inc. CHANGE ORDER REQUEST (1) One Revised Date: November 17, 2017 Owner City Of Aspen Project Number: 1777 Address: 130South galenaStreet Owner CO#: CCD - I Aspen CO 81611 PNCI COR#: 1 2017-081 Description of Change(s): CO $ 37,325.00 CO la $ 2,994.00 $ Total Net Chances: $ 40,319.00 Affect to current completion date: ID Extended EDNot Extended Number of Days: Revised Completion Date: Unchanged NOT VALID UNTIL SIGNED BY THE SUBCONTRACTOR AND CONTRACTOR City Of Aspen ����/ (Subcontractor) Authorized Signature date PNCI Construction, Inc. Christopher Cutsforth 11/17117 (Contractor) Authorized Signature Date Original Contract Value: $ 269,441.00 Previous Change Orders: $ - Contract Value After Previous Change Orders: $ 269,441.00 This Change Order Value: $ 40,319.00 Revised Contract Value: $ 309,760.00 The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change set forth herein, including claims for impact and delay costs. Burlingame • House �NC COR#1 - Micro Pile Plan changes Construction Inc. Project No.: 1777 REVISED Date: 10119/2017 Address: 283 Forge Road Estimator: CC Aspen,CO Project Duration: CODE Description Quan. Unit Labor Material Vendor l Sub Total • • • 01-105 Builders Risk $ 01-120 Permit Fees $ 01-311 Pro'ect Manager 2 hrs 65.00 $ 130.00 01-313 Pro'ect Superintendent 2 hrs 55.00 $ 110.00 01-315 General Labor 2 hrs 45.00 $ 90.00 01-317 Vehicle Expense $ 01-451 Q.C.&Special Inspections $ 01-529 Sanitary Facilities $ 01-576 Winter Conditions $ 01-755 Trash Dum sters&Fees $ 01-771 Consumables 55.00 $ 55.00 $ $ $ Yenter Micro piles plan change#1 9/14 1 1 incl Yenter Micro Piles plan change#2 10/9 $ 34,394.85 winter blankets deduct $ 500.00 $ $ ,xvr w ".n;+ ,�•:, " - �Lrebo�pMaterial7 RVend�!(S-ub7 I�T.iilal® .Subtotals x$165!00 - Tt$55!00 �$0r.00 $34,279.85 Direct Cost of Work $34,279.85 Liability Insurance 1.45% $497.06 Contractors Fee 6.00% $2,086.61 Bond 1.25% $460.79. Estimate Total: -----$3T325.Q Page 1 of 1 i i • • -House ?HON COR#1 a - Crane & crew Construction Inc. Project No.: 1777 - nate: 101242017 Address: 283 Forge Road Estimator: TLS Aspen,CO Project Duration: CODE Description Quan. Unit Labor Material Vendor/Sub Total 01-105 Builders Risk $ 01-120 Permit Fees $ 01-311 Project Manager 2 65.00 $ 130.00 01-313 Project Superintendent 2 55.00 $ 110.00 01-315 General Labor Traffic Control 45.00 $ 360.00 01-317 Vehicle Expense $ 01-451 Q.C.&Special Inspections $ 01-529 Sanitary Facilities $ 01-576 Winter Conditions $ 01-755 Trash Dum stern&Fees $ 01-771 Consumables 45.00 $ 45.00 $ $ F=t - • 01-542 Riqqinq crew $ 704.00 $ $ 01-542 Crane 1 81 175 1 1,400.00 1 $ 1,400.00 5 $ $ $ �Lrabor MM5teri5lssM&Vendi7l/S'ub �T,otal® Subtotals' x$765!00 I $45!00 x$1(400!00 $2,749.00 ` Direct Cost of Work $2,749.00 Liability Insurance 1.45% $39.86 - Contractors Fee 6.00% $167.33 Bond 1.25% $36.95 Estimate Total: Page 1 of 1 ! | ! | § 9 . � L - - - - - „ n � � | ■ , � . , � . , � , . § § ; 2 | | § � �� • | | # 9 8 ; ! @ ¥ Q ■ ar § @ � @ � q ■ , | k T � ` § 2 § | § ® ` � ® §� ! ■ ■ | ` f J2 | f �§ � @`,!0 g a \_ ■ B � f� |, ga ■ • | ' , # # ■ ■ ■ @ ■ m4 & | � ) | j� LL, �| § \ � | � aa ; a & , § I7k ; | ! | § ! 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Construction Change Directive 001 PROJECT CHANGE DIRECTIVE NUMBER:001 OWNER: lig 2017-081 Burlingame Pump House DATE: October 20",2017 ARCHITECT: lig Aspen,Colorado CONTRACTOR: 9 FIELD: O CONSTRUCTION MANAGER: ❑x TO CONTRACTOR: PNCI Construction CONTRACT DATE: June 12'",2017 CONTRACT FOR: 2017-081 -Burlingame Pump House THE CONTRACT IS CHANGED AS FOLLOWS: The original Contract Sum was $ 269,441.00 The net change by previously authorized Change Orders $. 0.00 The Contract Sum prior to this Change Order was $ 269,441.00 The Contract sum will be increased by pending Change Order in the amount of $ TBD The new Contract sum including pending Change Order will be $ TBD The Contract Time will be increased by Zero(0)days. The date of the Substantial Completion as of the date of this Change Directive therefore is: unchanged. _ This Construction Change Directive (CCD 001) is issued to furnish PNCI notice to proceed at once with the work scope related to soil stabilization for the Burlingame Pump House Project 2017-081. Referencing the attached: - A—CoA redlined COR dated 10/19/17 B—.COR#01 return email dated 10/12/17 from City of Aspen and email for delay from City of Aspen dated 06/30/17 C—notice to proceed to PNCI letter dated 06/02/17 D—executed contract scope dated 06/12/17 A soil stabilization plan was to be submitted and approved by the local regulatory agencies in a timely manner and installed per the contract schedule. Since the notice to proceed was issued, PNCI has provided multiple versions of designs not conforming to the contract documents and requiring revisions in order to meet regulatory requirements and meeting constructability requirements. A preliminary revised design has been agreed on 10/18/17;but now COR 4001 dated 10/19/17 has been issued for$42,309 for approval. Per the attached exhibit A and B,the COR does not conform to the contract requirements. Per this CCD;PNCI shall provide final drawings for approval ASAP to Charles Cunniffe Architects via submittal and commence drilling on 10/23/17 based upon the agreed upon sketch via OAC on 10/18/17 in order to maintain schedule conformance. 1 WHEN SIGNED BY THE OWNER AND ARCHITECT AND RECEIVED BY THE CONTRACTOR,THIS DOCUMENT BECOMES EFFECTIVE InIb1EDIATFLY AS A CCD, AND THE CONTRACTOR SHALL i PROCEED WITH THE CHANGE DESCRIBED ABOVE. ARCHITECT CONTRACTOR OWNER Charles Cunniffe Architects PNCI Construction, Inc. City of Aspen 610 East I lyman Avenue 553 25 1/2 Rd. 130 South Galena Street Aspen,CO 81611 Grand Junction, CO 81611 Aspen,CO 8!16111 By —PORI MAaF+{E(LSoN Tim Thompson October 20",2017 October 20",2017 i I i I EXHIBIT A - CCD #001 DATED 10/20/17 Construction Inc. Change Order Request October 19, 2017 1 The City of Aspen 130 South Galena Street Aspen, CO 81611 Attn: Tim Thompson RE: Burlingame Pump house Change Order Request #1 - Micro Pile changes. Mr. Tim Thompson, According to your request, we submit the following Change Order Request #1. The scope of work is listed below and our Change Order Request pricing is as follows: Pricing: Scope of Work: Micro Pile plan change #I —add soil stabilization wall Micro Pile plan change #2 —add micro piles and soil nails to wet well see attached backup.. Please call with any questions. Thank You, SEE CCD #001 Christopher Cutsforth ATTACHED UNCI Construction, Inc. File: 1777 Enc: COR #1 Estimate, back up 11 Page 553 25 Y: Road Grand Junction , CO 81505 w w w . o n c i c o n s t r u c t i o n . c om P h o n e : 970 . 242 . 3548 Fax : 9 7 0 . 2 4 2 . 0 8 4 4 EXHIBIT A - CCD #001 DATED 10/20/17 ?NC i COR#1 - Micro Pile Plan changes Construction Inc. Project No.: 1777 REVISED Date: 10/1912017 Address: 283 Forge Road Estimator: CC Aspen,CO Project Duration: CODE Description Quan. Unit Labor Material Vendor/Sub Total ,General Conditions 01-105 Builders Risk $ 01-120 Permit Fees $ 01-311 Project Manager 2 hrs 65.00 $ 130.00 01-313 Project Superintendent 2 hrs 55.00 $ 110.00 01-315 General Labor 2 hrs 45.00 $ 90.00 01-317 Vehicle Expense - $ 01-451 Q.C.&Special Inspections $ 01-529 Sanitary Facilities $ 01-576 lWinter Conditions $ 01-755 jLrash Dum stern&Fees $ 01-771 Consumables 55.00 $ 55.00 $ $ " PTIWMATMITITXTT-� NOT AGREED - SEE NEXT PAGE $ $ !Subcontractors en 1 9/14 Yenter Micro Piles plan change#2 10/9 22,299.00 22,299.00 $ $ $ $ 1�t—� MMaterialss GkVendor7/1S5b7 1 iTotal®"�.a Subtotals $38;972!85 ,857.85 Direct Cos ork $38,857.85 Liability Insuranc 1.45% $563.44. Contrac as 6.00%, $2,365.28 Bond 1. $522.33 !mate Total: NOT AGREED -. SEE NEXT PAGE Page 1 of 1 EXHIBIT A - CCD #001 DATED 10/20/17 October 19, 2017 • REVISED PROPOSAL # 2017-728 TO: Christopher Cutsforth THIS PROPOSAL PNCI Construction, Inc. Original Contract Value = Phone: 970-242-3548 $37,082.00 Cell: 970433-1303 Revised Proposal = $76,055 christopher@pnciconstruction.com Yenter Change = $38,973 PER SPREADHSEET FROM: Megan Perschon ATTACHED WITHOUT LINES 5, 6, and 8 EQUALS $68,976.10 PROJECT: Burlingame Pumphouse REVISED YENTER CO DELTA IS $31,894.10 Yenter Companies is pleased to provide this Proposal for Burlingame Pumphouse in Aspen, CO. This Proposal is based on information provided to Yenter Companies by Todd Schmitt & Christopher Cutsforth with PNCI Construction, Inc. and based on plans by Charles Cunniffe Architects Dated May 5, 2017. Yenter Companies has identified 42 LF of Micropiles, 273 SF of Shotcrete Wall and 41 LF of Wet Well Micropiles. Estimated completion date has now been extended into the week of October 23`h. Item Item Description Approx. Unit Unit Price # QuantityPrice 1 Mobilization 1 LS $3,333.34 $3,333.34 2 Micropiles 42 BHF $617.08 $25,917.36 3 Shoterete Wall 273 SF $44.79 $12,227.67 4 Wet Well Micropile Wall 41 LF $608.88 $24,964.08 Per $500.00 8500.00 use 6 Down Time t5 !IRS S248.68 $3,660.66 7 Soil Nails 3 EA $844.55 $2,533.65 Total _S76,055.0-4- This offer and Proposal is expressly conditioned COA is approving unit prices as per Customer reaching a mutual agreement upon: (1 I contract and is not accepting down time work; and (2)the terms of a Subcontract for Yen and management time due to the acceptance of the terms and conditions in this oft required effort as outlined in the of those terms and conditions as enforceable in a 10/12/17 email. The correct amount is $68,976. See attached excel spreadsheet. EXHIBIT A - CCD #001 DATED 10/20/17 1 3333.34 $ 3,333.34 42 617.08 $ 25,917.36 273 44.79 $ 12,227.67 41 608.88 $ 24,964.08 3 844.55 $ 2,533.65 $ 68,976.10 $ 7,078.90 DELTA YENTER PRICE WITHOUT LINES 6 AND 8 EXHIBIT B - CCD #001 DATED 10/20/17 Tim Thompson From: Tim Thompson Sent: Thursday,October 12, 2017 11:16 AM To: 'Christopher Cutsforth' Cc: Todd Schmitt;leramy Casteel; Kevin Dunnett; Steve Cronin Subject: RE: Burlingame Pump house COR 1 &2 Attachments: RE: Burlingame Pumphouse Categories: Burlingame- Coordination Chris, Per our talk please continue to work with Megan but I need to put in record the following given this is a 40K change order claim from PNCI with possible more claims for winter conditions: 1. Winter conditions we fully reject and claim on time and or cost due to PNCI/Yenter taking months to get their approved drawings sent in thus holding permit issuance and I must have had 10 phone calls to Mark DeWolfe warning of timing and see the attached email dated 06/30. PNCI needs to reconcile this with Yenter outside of owner change orders. 2. The entire time and from signing of the contract we have only required one thing: A shoring design that worked in compliance with the contract documents and met regulatory code. From that time,we have been provided drawings that had conflict issues,would result in settling,did not have any shock crete in the original design, were located in easements that cannot go into,and that could not have been built as designed. Further-as of recent a$150+per pile cost jump now at the 11`h hour effectively holding our feet to the fire to approve. PNCI needs to figure this out with Yenter—I do appreciate them working with us and responsiveness but my argument is our timing and having to rework things is required due to the many variations in the original design not being able to work. CoA Asset and CoA Parks area more than reasonable to work with the cost for re-design to help in this manner but any argument that winter conditions, hold up due to rig failures or staking,etc.—that falls on PNCI and Yenter to help this coordination and should not result in a literal doubling of the contract value to the shoring design for effectively a scope that is the same from bid. PNCI please work with Yenter to resolve so we find a reasonable solution. We cannot approve CO#1 until we have this revised. We need to keep work moving so I am open for any calls of meetings so we can keep on track. Thank You, Tim Thompson, LEED AP Project Manager, Capital Asset Dept. City of Aspen, 130 S. Galena St. Aspen, CO 81611 Office: (970) 429-1791 Cell: (970)456-8469 tim.thomosonC@citvofaspen.com t From:Christopher Cutsforth [mailto:christopher@pnciconstruction.comj Sent:Thursday,October 12,2017 8:56 AM To:Tim Thompson<tim.thompson@cityofaspen.com> Cc:Todd Schmitt<todd@pnciconstruction.com>;Jeramy Casteel<jcasteel@pnciconstruction.com> Subject: FW: Burlingame Pump house COR 1&2 Importance: High Tim, After a lengthy conversation with Yenter, Megan sent the email response below. Note: there is winter conditions now involved. Yenter has been very responsive,engaging to keep the wheels on track since I have been involved. Thank you, Christopher Cutsforth From: Megan Perschon [mailto:Meean.Perschon@venter.com] Sent:Tuesday, October 10,2017 11:51 AM To:Christopher Cutsforth<christopher@pnciconstruction.com> Subject: RE: Burlingame Pump house COR 1&2 I-ley Christopher, That's fine with the shoterete. I agreed to that on the phone.As far as the Wet Well Micropiles,I can't agree to what Tim is asking. 1 have to account for the extra time and materials for the longer micropile wall.Also,our stand-by time is documented on the 27"and 28"'of September,which was due to excavation, surveying and staking. I didn't even add that to my bid. Something that needs to be kept in mind is that this project was initially supposed to start the V of August.That was before the bridge was closed. My guys are now sitting in traffic for 4 hours each day.This project was supposed to start and be completed before the closure of the Grand Avenue bridge in Glenwood. Also,all of the time we have spent on this in the office for administrative costs,engineering costs and our CAU costs. I'm not going to sluff any of that off from the bid either. I haven't even put in the cost for the concrete blankets we brought out.That was discussed as a change order. I'm not sure where we go from here,but there's not much I'm going to budge on. Estimator VENTER Yenter Companies, Inc. 2388 Leland Avenue Grand Junction, CO 81505 Cell:970-948-2058 Phone: 970-241-1853 Fax 970-241-1921 2 From:Tim Thompson [mailto:tim.thompson@citvofaspen.coml Sent:Tuesday,October 10, 2017 10:44 AM To:Christopher Cutsforth<christopher@pnciconstruction.com>; Kevin Dunnett<kevin.dunnett@citvofaspen.com>; Steve Cronin<steve.cronin@citvofaspen.com>;Tori MacPherson<torim@cunniffe.com> Cc:Todd Schmitt<todd@pnciconstruction.com>; Cheris R. Campbell<cheris@pnciconstruction.com>;Jeramy Casteel <Icasteel@pnciconstruction.com> Subject: RE: Burlingame Pump house COR 1&2 Chris, Per our talk and conference call for COR#1, in general please proceed with this scope but further clarification to Yenter quote: 1. Line 3—shotcrete we will have PNCI coordinate to the minimal amount of SF area for the building backing wall. Finalization of this cost item will be reconciled after the shotcrete is finished with actual work placed. Please proceed on the shotcrete in this fashion. Currently 370 SF seems a lot for the amount of wall space we need considering the back of the building is only 30 SF. 2. Line 4—Yenter is to proceed on the wet well micro piles but after that talk I would rather Meghan broke out the cost for CA time separate from the cost of the micro piles. The original unit cost of$582 per the 08/11/17 attached quote for 41 LF should come out to$23,862—they currently have$737 per LF at 41 LF totaling 30,232 with a delta of$6,370. This seems excessive for the cost of micro piles and I would think half this would be a fair rate for more draftsman and redesign time. I do not agree that guys stood around for a long time—that was due to their rig breaking down and no fault of the owner. Tori- It should be noted we will get the final design from Yenter once their draftsman is back next week. Due to timing being of importance we need to provide CTL with the design we have to date and then get their analysis—this will be pieced from the original design and the new ring design sketch. The field will be onto the ring before next week when draftsman is back thus the rush. Please coordinate with Chris and let's make sure CTL reviews the sketch now so we have some level of assurance this will work. For COR#2—this looks reasonable and we will work into a CO. Please proceed. Thank You, Tim Thompson, LEED AP Project Manager, Capital Asset Dept. City of Aspen, 130 S. Galena St. Aspen, CO 81611 Office: (970) 429-1791 Cell: (970) 456-8469 tim.thompson@citvofaspen.com From: Christopher Cutsforth [mailto:christopher@pnciconstruction.com] Sent:Tuesday, October 30, 2017 8:25 AM To:Tim Thompson<tim.thompson@citvofaspen.com> Cc:Todd Schmitt<todd@pnciconstruction.com>; Cheris R. Campbell<cheris@pnciconstruction.com>;Jeramy Casteel <icasteel@pnciconstruction.com> Subject: Burlingame Pump house COR 1 & 2 Importance: High 3 Tim, Please review for approval attached COR 1—micro pile plan changes. Please review for approval attached COR2—crane, rigging crew change. Please contact me with any questions or concerns. Thank You, Christopher Cutsforth PNCII Construction, Inc. 970.242.3548 Office 970.242.0844 Fax 970.433-1303 Cell 4 EXHIBIT B - CCD #001 DATED 10/20/17 Tim Thompson From: Tim Thompson Sent: Friday,June 30, 2017 11:06 AM To: Mark DeWolfe Cc: Kevin Dunnett; Steve Cronin;Garrett Larimer;Tori MacPherson Subject: RE: Burlingame Pumphouse Attachments: RE: Burlingame Pump House - NTP 06/02/17; Burlingame Pump House- NTP 06/02/17 Categories: Burlingame- Coordination Mark, Per our talk, I reviewed with CoA building(Garrett)and they said they felt they can push through with 4 weeks minimum and will do all they can to help. But they re-iterated we MUST have a soil stabilization stamped plan as part of the submittal so we can't submit until this is done. Referencing the NTP attached and executed contract this design is critical to the schedule of this project. As we all know we were shooting to have this by 06/23/17 at the latest to keep schedule conformance. Please forward to Yenter—it should be noted without this plan we can't get permit and thus if we don't get by 07/12/17 we will be forced to cancel the contract as we can't meet schedule due to winter weather coming. I hope this gets their attention that this is critical, if necessary please procure another soil stabilization company if need be to ensure we meet dates. Thank You, Tim Thompson, LEED AP Project Manager, Capital Asset Dept. City of Aspen, 130 S. Galena St. Aspen, CO 81611 Office: (970) 429-1791 Cell: (970) 456-8469 tim.thompson@citvofaspen.com From: Mark DeWolfe [mailto:mark@pnciconstruction.com) Sent: Friday,June 30, 2017 9:54 AM To:Tim Thompson<tim.thompson@cityofaspen.com> Subject: FW: Burlingame Pumphouse Tim, You can see from the below emails that I don't have the soil stabilization design. I have contacted (left voice message) with Yenter's engineer and will let you know the status of the design as soon as I know. Thanks, Mark DeWolfe, PMP PNCI Construction, Inc. I EXHIBIT B - CCD #001 DATED 10/20/17 mark@pnciconstruction.com From: Megan Perschon [mailto:Megan.Perschon@venter.coml Sent: Friday,June 30, 2017 7:46 AM To: Mark DeWolfe<mark@pnciconstruction.com> Subject: RE: Burlingame Pumphouse Good Moming, Mark. I did speak to Mick at the end of the day yesterday. I let him know that everything is waiting on the plans. lie didn't really give me a direct answer on when we can expect those. I will contact him again this morning,but maybe it would be helpful if you contacted him directly. His direct number is 303-273-5223 and his cell number is 303-710-3043. 1/aapologize this is taking so long. Estimator YENTER Yenter Companies, Inc. 2388 Leland Avenue Grand Junction, CO 81505 Cell: 970-948-2058 Phone: 970-241-1853 Fax : 970-241-1921 From: Mark DeWolfe [mailto:mark(alpnciconstruction.coml Sent: Friday,June 30, 2017 6:49 AM To: Megan Perschon Subject: Burlingame Pumphouse Megan, Hate to keep bugging you butt still have not heard back from you regarding the pumphouse soil stabilization design. The owner can't submit for the building permit until I have that design. Please call with status Mark DeWolfe, PMP PNCI Construction, Inc. 970-260-2094 mark@pnciconstruction.com 2 EXHIBIT C - CCD #001 DATED 10/20/17 THE CITY OF ASPEN Capital Asset Department NOTICE TO PROCEED June 2nd, 2017 Delivery Method: Email-marka pneiconstmction.com Mark Dewolfe,Project Manager PNCI Construction,Inc. 553 25 1/2 Road Grand Junction,CO 81505 RE: Notice to Proceed-Burlingame Pump House 283 Forge Rd. Aspen,CO 81611 Dear Mr. DeWolfe: This letter serves as NOTICE TO PROCEED up to$10,000 for the Burlingame Pump House for services related to the design only of the shoring wall. The intent is to complete this design scope with stamped drawings delivered to the City of Aspen ASAP so this can be inclusive in the permit package to the City of Aspen building department to be then submitted by Charles Cunniffe Architects(CCA). If you have any questions concerning this project,please call Tim Thompson in the Capital Asset Department 970.429.1791. Thank you for your assistance in expediting this work. Sincerely, CITY OF ASPEN Jack Wh ler- - - - - ---- - — - -- _ - City ofX pen-Capital Asset Manager ; i UeCC•� T'n Thompson-City of Aspen becca Hodgson-City of Aspen 130 SOUTH GALENA STREET-ASPEN,COLORADO 81611-1975-Pt[ONE 970.429.1791 -FAx 970.544.5378-WEE www.aspennitkinxom Tim Thompson,Project Manager-Cell 970.456.8469-TIMTHOMPSON@cityofaspen.com Page I of I EXHIBIT D - CCD #001 DATED 10/20/17 RESOLUTION 94 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PNCI CONSTRUCTION, INC., AUTHORIZING THE CITY MANAGER TO APPROVE ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract - between the City of Aspen and PNCI Construction Inc., a true and accurate copy of which is attached hereto as "Exhibits"I"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the contract between the City of Aspen and PNCI CONSTRUCTION, INC. - a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager 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 121h day of June, 2017. Steven adro . Mayor I, Linda Manning, 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 12th day of June, 2017. Ain'd-aManning, City derk qv •,_ riredn9ruw� CONTRACT FOR CONSTRUCTION c�umor�r'aomce THIS AGREEMENT, made and entered into on June 12, 2017, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and PNCI CONSTRUCTION INC., hereinafter .called the "Contractor 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: 2017.081 Burlingame Pumphouse, and, WHEREAS, the Contractor, 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 Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall fumish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor 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 Contractor agrees to perform all of the Workdescribed in the Contract Documents and comply with the terms therein for a sum not to exceed TWO HUNDRED SIXTY NINE THOUSAND FOUR HUNDRED FORTY ONE ($269.441.00) DOLLARS or as shown on the BID proposal. i 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction.(version GC97-2) and .in the CC1-971.doc Page 1 "cci Special Conditions. 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 Contractor 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 Contract for Construction 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 Contract for Construction 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 Contractor respectively and their agents, representatives, 'employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor 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 Contractor or the City may assign this Contract for Construction 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 Contractor 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 Contract for Construction 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 Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction 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 Contract for Construction. CC1.971.doc Page 2 "cc1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract for Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. 15. This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the . Agreement solely because it is in electronic form or because an electronic record was used in Its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that It Is not in its original • form or is not an original. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. AMSTED Y: CITY OF EN, COLORADO 4 ° By, = Lr< Title: APPROVED AS TO FORM: - nY Attorney ATTESTED BY: CONTRACTOR: i By: Mark Uwalfe TWO: Director of Construction See List of attachments(A - D) Note:Certification of Incorporation shall be exemded d Contractor is a Corporation. If a partnership,the Contract shed be signed by a Principal and Indicate title. CC1�flA0eftP3 "CCW CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ) COUNTY OF "/ V� ) On this "� day of 201- , before me appeared —/,, /L"<. De-1 -b( L to me personally known, who, being by me first duly swom, did say that s/he is .#z hn a of f IrA CO'rLJ- 1- 2 i4 I k7 • 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. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. eE� 00 otary Ru GNE?`G rR��0,0 opz10 Nis _ a 2 �Qeh` \a:.eas ✓' 65 3 c35'1. Rd lP�1:3b'c Address My/commission expires: ft1JXA&ft3 a' )-Ola cct-071.Aoe P"e 4 "M - ATTACHMENTS A'—GMP/Estimate B—Plans, Specifications and Clarifications. C—Preliminary Construction Schedule D—General and Special Conditions of the Contract Purlingame, 0 • ATTACHMENT "A ?NCI GMP Estimate Construction Inc. Project No.:P-1954 Dcta:611/2017 Address:283 Forge Road Estimator.TLS Aspen,CO 81811 Project Duration: 10 Weeks CODE . Descdption Quan. Unit Labor material Vendor/Sub Total 01-105 Builders Risk 1,250.00 f 1,250.00 Dl-120 Parmit Fees by COA f 01-311 Project Manager 8,800.00 f 8,800.00 01.313 Fldd Engineer 7 200.00 $ 7,200.00 01.315 Project En 'neer 4 500.00 $ 4,500.00 01-316 Subsistence&Housing 1,200.00 $ 1,200.00 01-317 Vehicle Expense 750.00 $ 750.00 01-451 Q.C.&Special Inspections by COA It 01-755 Trash Dum eters&Fees 85D.D0 f 850.00 01.771 Comumables 1 D0D.D0 f 1.000.00 ConSn b owner f JOIM Sealants 506 at 1012.00 $ 1012.00 HM Doors Frames and Hardware 1 le 350.00 1 385.00 1,735.00 Root Hatch 1 Is 450.00 2 250.00 It 2,700.00 Basketball Hmp 1 Is 250.00 f 250.00 Install City Provided Sound Wails TBD f f ,Soil Naffina 1 Is 36 500.00 f 36 500.00 EardrAwk by owner f Electrical Trenching 420 M 8300.00 6100.00 Concrete 1 is 34 821.00 f 34,821.00 Structural Steel Handrails Misc 1 to 29 226.00 $ 29,226.00 Imulason 1 Is 19664.00 S '19664.00 Waterproofing 1 is 1250.00 f 1250.00 Scipper&Downspout 1 Is 875.00 875.00 Overhead Door 1 Is 1,824.00 $ 1,824.00 Pei 1 Is 3.350.00 3.350.00 PoUmbi i Is 4136.00 $ 4136.00 HVAC 1 IS 10533.00 S 10633.00 FJeariwl 1 Is 63 532.00 15 51512.00 Basketb dl Court 8 Striping by I othersf f $ is �Lebor�®Ma6riel7 MVendor7/iSub7�Tofelvli 'SubtotelsR_._ I �521U00100� 63:555!00=M$2/8073:00 $243258.00 -Uirsot trod of Work $243.259.00 Liability Insurance, 1.45% $3,527.24 Contractors Feel 6.00% $14,807.11 3.00% $7,547.77 Estimate Total: $269,441.00, ATACHMENT "B" PLANS AND SPECIFICATIONS DOCUMENTS PREPARED BY Charles Cunniffe Architects 610 East Hyman Ave. Aspen,CO 8 161 1 Phone: 970-925.5590 PLANS Dated 5-5-2017 CVR A0.1,Survey, !4.0a, L-1,L-2;ALI,A2.I, A3.1,A3.2,A3.3,A4.I,A9.1,A10.1,A]0.2, S001,S101, S201, M001, M101, E001, E002, 12101 SPECIFICATIONS Dated 5-5-2017 Division(s)01010, 01330,01400, 01420,01740 02300 05700 07210, 07920 08110, 08310,08361,08710 16500 Appendix A(cut sheets) CLARIFICATIONS Landscaping and basketball court hoop and striping by others. ➢ All excavation provided by others. Coordination as per mutually agreed schedule D Material and installation of Wet Well and associate piping by others. D Pump(s)associated piping and controls by others. ➢ Material and installation of Irrigation main/distribution lines\pipes by others ➢ Sleeves for all penetrations through concrete walls and floor to be provided by others and installed by PNCI. Seals are to be provided and installed by others. ➢ All line voltage and controls from disconnects to pumps to be provided and installed by others. 3"drain from building to be stubbed 5'outside building. Beyond 5' is by others. D Concrete walls are to be considered structural and not"architectural concrete". D GMP includes pricing/scope for Pumphouse three phase power from secondary of CoA provided and install transformer located at 221 Forge Road. Conductors to be installed in existing conduit to Pumphouse location. ➢ GMP is based on soil stabilization from Rock Solid and utilizes Soil Nails for both Concrete Wall and Wet Well ➢ Completion date of 12-1-2017 is based and/or contingent upon building permit no later than 8-1- 2017. ➢ Performance& Payment Bonds to be provide upon execution of this Agreement in the full amount of the Agreement. U F— Z d W 2 0 U Q . Q ° a v m aJl 0 � N zx � 0) +' a ao .� m o .� oo .� �o m Inrn ti WLL O 0 0' N d O d O c -0 -0 LL m O f 3 3 3 3 3 3 3 a F \ \ \ \ \ \ \ \ \ \ \ \ \ N V1 01 N Q H N Of N n d' 1p O C U w \ \ \ \ \ \ \.•"� �"� \ \ \,� m oo ao m In a+ o o ., •� •+ .� .•� ~ F- I J- SFJ- �` � � F- O O O N of of ut O m Y1 N O N j N N N N N rl O U c � N c 3 — c 2 O O 2 n 0) m c N H- C C —n Y C O. O m J Y O. J 4ca L 3 otf yTj A r a LL J J n C N �+ 3 = c 0 0 _ c_ = = — c o a a a f 3 on asE�^ Y Y F m E € 0 M GJ w U N N N SIC O 3 3 3 w LL c c c a c V O rl N M O V1 {� r oo Of � ti N ti v WAIA ®®dement 6701 na — 2017 Change Order PROJECT:(Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: 2017-08I Burlingame Pump House Contract For.General Construction Change Order Number:001 283 Forge Rd. Date:June 12,2017 Date: 11/27/17 OWNER:(Name and address) ARCHITECT:(Nance and address) 'CONTRACTOR:(Name and address) The City of Aspen Charles Cunniffe Architects PNCI Construction Inc. 130 S.Galena St. 610 East Hyman Avenue 553 25 1/2 Rd. Aspen,CO 81611 Aspen,Colorado 81611 Grand Junction,CO 81505 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and,if applicable,attach or reference specific exhibits.Also include agreed upon adjustments attributable to executed Comtructian Change Directives) AIA G701 change order#001 is inclusive of the following scopes: - 1. CCD#001 for the pumphouse soild stabilizailon scope as detailed in 11/17/17 from PNCI Construction CO #001. This CO#001 and this executed AIA G701 CO#001 is inclusive of all direct and indirect costs associated with the change. 2. CO#001 from PNCI dated 11/17/17 also includes scope to complete the crane picks and associated activities with moving the City of Aspen pump equipment. Commissoning of the system and completion of the pump activation scope to be completed by others. Reference the attached PNCI CO#001 -denoted Exhibit A for further detail. The original Contract Sum was $ .269,441.00 The net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 269,441.00 The Contract Sum will be increased by this Change Order in the amount of $ 40,319.00 The new Contract Sum including this Change Order will be S 309,760.00 The Contract Time will be increased by Zero(0)days. The new date of Substantial Completion will be unchanged NOTE:This Change Order does net-include adjustments to the Contract Sum or Guaranteed Maximum Price,or the Contract Time,that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor,in which case a GhaRgeQrdefthis AIA G701 Change Order#001 is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. i Charles Cusuriffe Architects Inc. PNCI Construction Inc. r The City of Aspen 1 ARCHITECT(Firm name) -t��—or—�r1pCTOR F'm-,,-�f`Y,-e) '\L 0 R(Firm nes e) � ���� SIGNATURE MATURE SIGNATURE Torct ,TRD,>EerartcHll><cr �nk PD�.Sams �estJnlu,rr�✓� GOf+ .Ass;,-f,� G-�� ri?G^��� PRIN NAME AND TITLE PRINTED NAME AND TITLE ' PRINTENAME TITLE ll/2�/��- 1✓ovE�sk2 119 2017 �� 2� DATE DATE DATr AIA Document(3701*—2017.CopyrightO 1979,1987,2000,2001 and 2017 by The American Institute of Architects.All rights reserved.WARNING:This AIA9 Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this MAY Document,at 1 any portion or It,may iesull In severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law.This document was produced by AIA soaware at 18'44:47 on 11/19/2017 under Order No.2607633999 which expires on 0812112018,and Is nol for resale. User Notes: (399ADA40)