HomeMy WebLinkAboutresolution.council.049-06
RESOLUTION iq
(Series of 2006)
A RESOLUTION APPROVING A CONTRACTUAL AGREEMENT FOR
PROFESSIONAL SERVICES BETWEEN THE CITY OF ASPEN, COLORADO,
AND LAUER AND ASSICIA TES, L TD, FOR REMODELING OF A PORTION
OF THE COMMUNITY DEVELOPMENT DEPARTMENT OFFICES.
WHEREAS, there has been submitted to the City Council an "Agreement for
Professional Services" between the City of Aspen, Colorado, and Lauer and Associates,
Ltd, a copy of which agreement is attached hereto and made a part thereof, for the
remodeling of a portion of the Community Development Department offices.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1.
That the City Council hereby approves a supplemental funding request in the amount of
$31,000 for the remodeling of office space within the Community Development
Department.
Section 2.
That the City Council of the City of Aspen hereby approves the "Agreement for
Professional Services" between the City of Aspen, Colorado, and Lauer and Associates,
Ltd, 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.
Date~
/;),,~h
,
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 June 12, 2006.
:.'
f,.City"f^,p'"
CONTRACT FOR CONSTRUCTION
(Short Form)
THIS CONTRACT, made and entered into on r./IlNfF Iv 1IID" , by
and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and
Lauer & Associates, Ltd. ,hereinafter called the "Contractor".
THEREFORE, in consideration of the mutual covenants and Contracts herein contained,
and for other good and valuable consideration, the receipt and adequacy of which are
hereby acknowledged, the parties hereto hereby agree as follows:
1. Construction of Project. Contractor agrees to furnish all labor, materials,
tools, machinery, equipment, temporary utilities, transportation and any other facilities
needed therefor, and to complete in a good, workmanlike and substantial manner the
Project as described in the Scope of Work and/or Proposal appended hereto as Exhibit
"A" which is incorporated herein as iffully set forth (the "Project").
2. Plans and Specifications; Compliance with Laws. The Project is to be
constructed and completed in strict conformance with the Scope of Work and/or Proposal
appended hereto for the same approved in writing by the parties hereto. The Project shall
also be constructed and completed in strict compliance with all laws, ordinances, rules,
regulations of all applicable governmental authorities, and the City of Aspen Procurement
Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-
08-040. Contractor shall apply for and obtain all required permits and licenses and shall
pay all fees therefor and all other fees required by such governmental authorities.
3. Payments to Contractor. In consideration of the covenants and
Contracts herein contained being performed and kept by Contractor, including the
supplying of all labor, materials and services required by this Contract, and the
construction and completion of the Project, City agrees to pay Contractor a sum not to
exceed Fourtv three thousand four hundred aiu!ltsixtyr
($ 43,460.00 ) DOLLARS or as shown on Exhibit "A".
4. Commencement and Completion. Contractor agrees to commence work
hereunder immediately upon execution hereof, to prosecute said work thereafter
diligently and continuously to completion, and in any and all events to substantially
complete the same not later than July 1 0 2006 , subject to such
delays as are permissible under the "Extension of Time for Completion" section of this
Contract.
5. Payment of Bills and Charges. Contractor shall pay promptly all valid bills
and charges for material, labor, machinery, equipment or any other service or facility
used in connection with or arising out of the Project, and shall obtain periodic releases
from all subcontractors and material suppliers supplying labor or materials to the Project
concurrently with Contractor's delivering any payment to such subcontractors and
material suppliers. Contractor shall indemnify and hold City and City's officers,
employees, agents, successors and assigns free and harmless against all expenses and
liability suffered or incurred in connection with the claims of any such subcontractors or
material suppliers, including but not limited to court costs and attorney's fees resulting or
arising therefrom; provided that Contractor shall be excused from this obligation to the
extent that City is in arrears in making the payments to Contractor. Should any liens or
claims oflien be filed of record against the Property, or should Contractor receive notice
of any unpaid bill or charge in connection with construction of the Project, Contractor
shall immediately either pay and discharge the same and cause the same to be released of
record, or shall furnish City with the proper indemnity either by title policy or by
corporate surety bond in the amount of 150% of the amount claimed pursuant to such
lien.
6. Releases. Contractor shall, if requested by City, before being entitled to
receive any payment due, furnish to City all releases obtained from subcontractors and
material suppliers and copies of all bills paid to such date, properly receipted and
identified, covering work done and the materials furnished to the Project and showing an
expenditure of an amount not less than the total of all previous payments made hereunder
by City to Contractor.
7. Bonds. Contractor shall furnish performance, payment and maintenance
Bonds, each in an amount specified. These Bonds shall remain in effect until the job is
advertised and closed except for the Maintenance Bond which shall remain in full force
and effect for One Year from the date of project closure, except as otherwise provided by
the Contract Documents.
8. Hierarchy of Project Documents. This Contract and the Proposal or Scope
of Work appended hereto as Exhibit "A" are intended to supplement one another. In
case of conflict, however, this Contract shall control both.
9. Changes in the Work. Should the City at any time during the progress of
the work request any modifications, alterations or deviations in, additions to, or
omissions from this Contract or the Proposal/Scope of Work. it shall be at liberty to do
so, and the same shall in no way affect or make void this Contract; but the amount thereof
shall be amortized over the remaining term of this Contract and added to or deducted, as
the case may be, from the payments set forth in Paragraph 3 above by a fair and
reasonable valuation, based upon the actual cost oflabor and materials. This Contract
shall be deemed to be completed when the work is finished in accordance with the
original Proposal or Scope of Work as amended or modified by such changes, whatever
may be the nature or the extent thereof. The rule of practice to be observed in fulfillment
of this paragraph shall be that, upon the demand of either City or Contractor, the
character and valuation of any or all changes, omissions or extra work shall be agrced
upon and fixed in writing. signed by City and Contractor. prior to performance.
10. Contractor's Failure to Perform. Should Contractor, at any time during
the progress of the work, rcfuse or fail to supply sufficient material or workmen for the
expeditious progress of said work or fail to perform any other provisions of this Contract,
City may, upon giving notice in writing to Contractor as provided hcrein and upon
Contractor's failure to rcmedy any such failure within 3 days from receipt of such notice.
terminatc this Contract and provide the nccessary matcrial and workmen to finish the
work and may enter upon thc Property for such purpose and complete said work. The
expense thereof shall be dcducted rrom the payments rcmaining under Paragraph 3
above. or if the total cost of the work to City exceeds the amount of such remaining
payments, Contractor shall pay to City upon dcmand the amount of such excess in
addition to any and all othcr damagcs to which City may be entitled. In the event of such
termination, City may take possession of all materials, equipment and appliances
belonging to Contractor upon or adjaccnt to the Property upon which said work is being
performed and may use the same in the completion of said work. Such termination shall
not prejudice or be exclusive of any other legal rights which City may have against
Contractor.
11. Extension of Time for Completion. Time is of the essence of this
Contract and Contractor shall substantially complete the work during the time provided
for herein. However, the time during which Contractor is delayed in said work by (a) the
acts of City or its agents or employees or those claiming under Contract with or
permission from City. or (b) the acts of God which Contractor could not have reasonably
foreseen and provided against. or (c) unanticipated stormy or inclement weather which
necessarily delays the work. or (d) any strikes, boycotts or obstructive actions by
employees or labor organizations and which are beyond the control of Contractor and
which it cannot reasonably overcome. or (e) the failurc of City to make progress
payments promptly, shall be added to the time for completion of the work by a fair and
reasonable allowance. Contractor recognizcs, however, that the site of the work is in the
Rocky Mountains at a high elevation where inclemcnt whether conditions are common.
This fact has been considered by Contractor in preparing its Proposal and or agreeing to
the Scope of Work. Furthermore, Contractor shall havc the right to stop work if any
payment, including payment for extra work, is not made to Contractor as provided in this
Contract. In the event of such nonpayment, Contractor may keep the job idlc until all
payments then due are received.
12. Unforeseen Conditions. It is understood and agreed that Contractor,
before incurring any other expcnses or purchasing any other materials for the Project,
shall proceed to inspect the work site and all visible conditions and that if, at the time uf
inspection therefor, the Contractor finds that the proposed work is at variance with the
conditions indicated by the Proposal, Scope of Work. or infonnation supplied by City, or
should Contractor encounter physical conditions below the surfacc of the ground of an
unusual nature, differing materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in this Contract or inherent
in a work site locatcd in the Rocky Mountains, Contractor shall so notify City, and City
shall at that time have the right and option to immediately cancel and terminate this
Contract or to instruct Contractor to continue the work and add the additional amount
attributable to such unforcseen conditions to thc payments due Contractor as sct forth
abovc.
It is agreed that in the event of any cancellation by City in accordance with this section,
Contractor shall be paid the actual costs of the work done prior to the time of
cancellation. In computing such costs, building permit fees, insurance and such financing
and title charges as are not refundable shall bc included; provided that supervision time,
office overhead and profit shall not be included in such costs to be refunded to Contractor
by reason of such cancellation.
13. Aceeptance by City. No payment hereunder nor occupancy of said
improvements or any part thereof shall be construed as an acceptance of any work done
up to the time of such payment or occupancy, but the entire work is to be subject to the
inspection and approval of City at the time when Contractor notifies City that the Project
has been completed.
14. Notice of Completion; Contraetor's Release. City agrees to sign and tile of
record within five (5) days after the substantial completion and acceptance of the Project
a Notice of Completion. If City fails to so record the Notice of Completion within said
five (5) day period, City hcreby appoints Contractor as City's agent to sign and record
such Notice of Completion on City's behalf. This agency is irrevocable and is an agency
coupled with an interest. Contractor agrees upon receipt of final payment to release the
Project and property from any and all claims that may have accrucd against thc same by
reason of said construction. If Contractor faithfully performs the obligations of this
Contract on its part to be performed. it shall have thc right to refuse to pcrmit occupancy
of any structures by City or City's assignees or agents until the Notice of Completion has
been recorded and Contractor has received the payment, if any. duc hereunder at
completion of construction, less such amounts as may be retained pursuant to mutual
Contract of City and Contractor under thc provisions of Paragraph 3 above.
15. Insuranee.
a. The Contractor agrees to procure and maintain, at its own expense, a policy
or policies of insurance sufficient to insure against all liability , claims. demands. and other
obligations assumed by the Contractor pursuant to the terms of this Contract. Such insurance
shall be in addition to any other insurance requirements imposed by this contract or by law.
The Contractor shall not be rclicved of any liability, claims, demands, or other obligations
assumed pursuant to the terms of this Contract by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufticient amounts,
duration, or types.
b. Contractor shall procure and maintain, and shall cause any subcontractor of
the Contractor to procure and maintain. thc minimum insurance coverages listed in the
Supplemental Conditions. If the Supplemcntal Conditions do not set forth minimum
insurance coverage, then the minimum coverage shall be as set forth below. Such coverage
shall be procured and maintained with forms and insurance acceptable to City. All coverage
shall be continuously maintained to cover all liability , claims. demands. and other
obligations assumed by the Contractor pursuant to the terms of this Contract. In the case of
any claims-made policy, the necessary retroactive dates and extended reporting periods shall
be procured to maintain such continuous coverage.
1. Workmen's Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance with minimum limits of FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE
HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and
FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each
employee. Evidence of qualified self-insured status may be substituted for the
Workmen's Compensation requirements of this paragraph.
2. Commercial General Liability insurance with minimum combined
single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and
ONE MILLION DOLLARS ($1.000.000.00) aggregate. The policy shall be
applicable to all premises and operations. The policy shall include coverage for
bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors, products, and completed operations. The policy
shall include coverage for explosion, collapse, and underground hazards. The policy
shall contain a severability of interests provision.
3. Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not less than ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION
DOLLARS ($1,000,000.00) aggregate with respect to each Contractor's owned,
hired and non-owned vehicles assigned to or used in performance of thc services.
The policy shall contain a severability of interests provision. If the Contractor has no
owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each
employee of the Contractor providing services to the City under this contract.
c. Except for any Professional Liability insurance that may be required, the
policy or policies required above shall be endorsed to include the City of Aspen and the City
of Aspen's officers and employees as additional insureds. Every policy required above shall
be primary insurance. and any insurance carried by the City of Aspen, its officers or
employees, or carried by or provided through any insurance pool of the City of Aspen, shall
be excess and not contributory insurance to that provided by Contractor. No additional
insured endorsement to the policy required above shall contain any exclusion for bodily
injury or property damage arising [rom completed operations. Thc Contractor shall be solely
responsible for any deductible losses under any policy required above.
d. The certificate of insurance provided by the City of Aspen shall be
completed by the Contractor's insurance agent as evidence that policies providing the
required coverage, conditions, and minimum limits are in full force and effect, and shall be
reviewed and approved by the City of Aspen prior to commencement of the contract. No
other form of certificate shall be used. The certificate shall identifY this contract and shall
provide that the coverage afforded under the policies shall not be canceled, terminated or
materially changed until at least thirtv (30) days prior written notice has been given to the
City of Aspen.
e.
clauses:
In addition, these Certificates ofInsurance shall contain the following
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance'policies so
effected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the Contractor.
Underwriters and issuers shall have no right of recovery or subrogation against the
City of Aspen, it being the intention of the parties that the insurance policies so
etfected shall protect all parties and be primary coverage for any and all losses
covered by the above-described insurance. To the extent that the City's insurer(s)
may become liable for secondary or excess coverage, the City's underwriters and
insurers shall have no right of recovery or subrogation against the
Contractor. Underwriters and issuers shall have no right of recovery or subrogation
against the City of Aspen, it being the intention of the parties that the insurance
policies so effected shall protect all parties and be primary coverage for any and all
losses covered by the above-described insurance. To the extent that the City's
insurer(s) may become liable for secondary or excess coverage. the City's
underwriters and insurers shall have no right of recovery or subrogation against the
Contractor.
The insurance companies issuing the policy or policies shall have no recourse
against the City of Aspen for payment of any premiums or for assessments under
any form of policy. The insurance companies issuing the policy or policies shall
have no recourse against the City of Aspen for payment of any premiums or for
assessments under any form of policy. The insurance companies issuing the policy or
policies shall have no recourse against the City of Aspen for payment of any
premiums or for assessments under any form of policy.
Any and all deductibles in the abovc-described insurance policies shall be assumed
by and be for the amount of, and at the sole risk of the Proposer. Any and all
deductibles in the above-described insurance policies shall be assumed by and be for
the amount of, and at the sole risk of the Proposer.Any and all deductibles in the
above-described insurance policies shall be assumed by and be for the amount of,
and at the sole risk of the Proposer.
Location of operations shall be: "All operations and locations at which work in
connection with the referenced project is done." Location of operations shall be:
"All operations and locations at which work in connection with the referenced
project is done."Location of operations shall be: "All operations and locations at
which work in connection with the referenced project is done."
Certiticates of Insurance for all renewal policies shall be delivered to the Architcct at
lea,t fifteen (15) days prior to a policy's expimtion date except for any policy expiring on the
expiration date of this Contract or thereafter.
e. Failure on the part of the Contractor to procure or maintain policies
providing the required coveragc, conditions, and minimum limits shall constitute a material
breach of contract upon which City may immediately tcrminate this contract. or at its
discretion City may procure or renew any such policy or any cxtended reporting period
thereto and may pay any and all prcmiums in connection therewith. All moneys so paid by
City shall be repaid by Contractor to City upon demand, or City may offset the cost of the
premiums against moneys due to Contractor from City.
f. City reserves the right to request and receive a certified copy of any policy
and any endorsement thereto.
16. Damage or Destruction. If the Project is destroyed or danlaged by any
accident or disaster, such as fire, storm, flood, landslide, earthquake, subsidencc. theft or
vandalism. any work done by Contractor in rebuilding or rcstoring thc work shall be paid
for by City as extra work under Paragraph 8 above. If. however, the estimated cost of
replacement of the work already completed by Contractor exceeds twenty (20%) percent
of the insured sum set forth in Paragraph 14 above, City shall have the option to cancel
this Contract and. in such event, Contractor shall be paid the rcasonable cost, including
net profit to Contractor in the amount often (10%) percent, of all work performed by
Contractor before such cancellation. .
17. Notices. Any notice which any party is required or may desire to give to any
other party shall be in writing and may bc pcrsonally delivered or given or made by
Unitcd States mail addressed as follows:
To City:
Aspen. Colorado 81611
To Contractor:
Lauer & Associates, Ltd.
PO Box 9399
Aspen. CO 81612
subject to the right of either party to designate a different address for itself by notice
similarly given. Any notice so given, delivered or made by United States mail, shall be
deemed to'have been given the same day as transmitted by telecopier or delivered
personally, one day after consignment to overnight courier service such as Federal
Express, or two days after the deposit in the United States mail as registered or certified
mattcr, addressed as above provided, with postage thereon fully prepaid.
18. Inspections; Warranties.
(a) Contractor shall conduct an inspection of the Project prior to final acceptance
of the work with City.
(b) Contractor shall schedule and cause to be performed all corrective activities
necessitated as a result of any deficiencies noted on the final inspection prior to
acceptance. The costs of material and/or labor incurred in connection with such
corrective activities shall not be reimbursed or otherwise paid to Contractor.
(c) Contractor shall obtain, at City's expense, third party warranty contracts (to be
entered into by City).
19. Licensure of Contraetor. Contractor hereby represents and warrants to
City that Contractor is duly licensed as a general contractor in the State of Colorado, and
if applicable, in the County of Pitkin.
20. Independent Contractor. It is expressly acknowledged and understood by
the parties that nothing in this Contract shall result in, or be construed as establishing an
employment relationship. The Contractor shall be, and shall perform as, an independent the
Contractor who agrees to use his best efforts to provide the Work on behalf of the City. No
agent, employee, or servant of the Contractor shall be, or shall be deemed to be, the
employee. agent or servant of the City. The City is interested only in the results obtained
under the Contract Documents. The manner and means of conducting the Work are under
the sole control of the Contractor. None of the benefits provided by the City to its employees
including, but not limited to, worker's compensation insurance and unemployment
insurance. are available from the City to the employees, agents or servants of the Contractor.
The Contractor shall be solely and entirely responsible for its acts and for the acts of the
Contractor's agents, employees. servants and subcontractors during the performance of the
Contract.
THE CONTRACTOR, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE
ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE
OBUGA TED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS
EARNED PURSUANT TO THE CONTRACT.
21. Assignment. This Contract is for the personal services of Contractor.
Contractor shall not transfer or assign this Contract or its rights and responsibilities under
this Contract nor subcontract to othcrs its rights and responsibilitics undcr this Contract,
and any attempt to do so shall be void and constitute a material breach of this Contract.
22. Successors and Assigns. Subject to paragraph 22, above, this Contract
shall be binding on, and shall inure to the benefit of. City and Contractor and their
respective successors and assigns.
23. Entire Contraet. This Contract contains the entire Contract between City
and Contractor respecting the matters set forth herein and supersedes all prior Contracts
between City and Contractor respecting such matters.
24. Waivers. No waiver by City or Contractor of any default by the other or
of any event. circumstance or condition permitting either to terminate this Contract shall
constitute a waiver of any other default or other such event. circumstance or condition,
whether of the same or of any other nature or type and whether preceding, concurrent or
succeeding; and no failure or delay by either City or Contractor to exercise any right
arising by reason of any default by the other shall prevent the exercise of such right while
the defaulting party continues in default, and no waiver of any default shall operate as a
waiver of any other default or as a modification of this Contract.
25. Remedies Non-Exclusive. No remedy conferred on either party to this
Contract shall be exclusive of any other remedy herein or by law provided or permitted.
but each shall be cumulative and shall be in addition to every other remedy.
26. Governing Law. This Contract shall be governed by. and construed in
accordance with, the laws of the State of Colorado. Venue for any action at law or equity
shall be Pitkin County.
27. Attorneys' Fees. If either party to this Contract shall institute any action
or proceeding to enforce any right, remedy or provision contained in this Contract, the
prevailing party in such action shall be entitled to receive its attorneys' fees in connection
with such action from the non-prevailing party.
28. Severability. Any provision in this Contract which is held to be
inoperative, unenforceable or invalid shall be inoperative, unenforceable or invalid
without affecting the remaining provisions, and to this end the provisions of this Contract
are declared to be severable.
29. Nondiscrimination. During the performance of this Contract, the
Contractor agrees as follows: The Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, national origin. age, marital
status. sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet
Nam era veteran. The Contractor will take affirmative action to insure that applicants are
employed, and that employees are treated during employment without regard to their race,
color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a
disadvantaged person, or a disabled or Viet Nam era veteran. Such action shall include, but
not be limited to, the following: employment, upgrading, demotion or transfer; recruitment
or recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to
post in conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
30. Prohibited Interest. No member, officer. or employee of the City of
Aspen, Pitkin County or the Town of SnoWffiass Village shall have any interest, direct or
indirect, in this Contract or the proceeds thereof:
31. Warranties Against Contingent Fees, Gratuities, Kiekbacks and
Conflict of Interest:
a. The Contractor warrants that no person or selling agency has been employed
or retained to solicit or secure this Contract upon an Contract or understanding for a
commission, percentage, brokerage, or contingency fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Contractor for the
purpose of securing business.
b. The Contractor agrees not to give any employee or former employee of the
City a gratuity or any offer of employment in connection with any decision, approval.
disapproval, recommendation, preparation of any part of a program requirement or a
purchase request, influencing the content of any specification or procurement standard,
rendering of advice, investigation, auditing, or in any other advisory capacity in any
proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter, pertaining to this Contract or to any solicitation or proposal therefor.
c. It shall be a material breach of the Contract for any payment, gratuity, or
offer of employment to be made by or on behalf of a Subcontractor under a contract to the
prime Contractor or higher tier Subcontractor or any person associated therewith, as an
inducement for the award of a Subcontract or order. The Contractor is prohibited rrom
inducing, by any means, any person employed under this Contract to give up any part of the
compensation to which he/she is otherwise entitled. The Contractor shall comply with all
applicable local, state and federal "anti-kickback" statutes or regulations.
32. Payments Subject to Annual Appropriations. If the contract awarded
extends beyond the calendar year. nothing herein shall be construed a~ an obligation by the
City beyond any amounts that may be, rrom time to time. appropriated by the City on an
annual basis. It is understood that payment under any contract is conditional upon annual
appropriation of funds by said governing body and that before providing services, the
Contractor. if it so requests, will be advised as to the status of funds appropriated for
services or materials and shall not be obligated to provide services or materials for which
funds have not been appropriate.
v'
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
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ATTESTED BY:
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CITY~COLORADO
By: V&..,./
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Title: C2t;
APPROVED AS TO FORM:
B~~
City Attorne
CONTRACTOR:
By: Daniel T. Lauer
Title: Manaqer
Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a
partnership, the Contract shall be signed by a Principal and indicate title.
.~~
CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF Colorado
COUNTY OF Pitkin
On this 715 r day of
me appeared
)
) SS.
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;tfW( ;Ho6
,2006 ,before
\),.....:,,"-"\...\ L,,-,^-e.~ , to me
personally known, who, being by me first dul sworn, did say that s/he is
BaHt?] T. ~aYe~ ~~~~ of
Lauer & Associates, Ltd. 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~~:!~:~~t ~d deed of said corporation.
WlTNE~AND AND NOTARIAL SEAL the day and year in this certificate
first above written.
@tlL-------
'5\ ~ \0<0
Notary Public
My commission expires:
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I\~ CD 8[&-[\
LAUER & ASSOCIATES, LTD.
Post Office Box 9399
Aspen, Colorado 81612 USA
Telephone +970.379.9722
Facsimile f 970.544.6666
Email dtlaucr@sprynet.com
June 1,2006
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VIA
email attachment
TO
Chris Bendon < chrisb@cLaspen.co.us >
City of Aspen
Community Development
130 South Galena Street
Aspen CO 81611
RE
Citv Project Number: 2006-021
3" Floor Citv Hall Office Remodel- PHASE 2 PROPOSAL.
Chris,
Thank you for selecting Lauer & Associates, Ltd. for City Project Number: 2006-021
(Phase I) A.K.A 3'd Floor City Hall Office Remodel, Install & Finish.
We propose to provide for materials, labor, supervision. management and creative input
on the proposed remodel component installation and finishing as referenced in the following
documents:
a) Invitation to Bid document
b) Limited plan set issue date 8/16/2005
c) Discussion during pre-bid conference help April 12,2006
d) L&A notes from clarify and revise meeting on May 3, 2006 (attachment).
e) Proposed finish schedule, Anticipated timeline, both part of this proposal
I) This proposal
For an amount not to exceed the base price of$ 43.460.00.
Inclusions:
1. Performance bond to 100% of contract.
2. Coordinate pre-construction documentation. Prepare, apply for necessary permit and
approvals to commence and follow through building department requirements to
Certificate of Occupancy.
3. Materials acquisition, off-site pre-fabrication, mobilization, site preparation/protection,
moving of existing office furniture for re-use on level, moving of existing office furniture
for storage within building, demolition/recycling/disposal, on-site installation and
construction, end of work shift preparation for incoming office staff, daily housekeeper
grade cleaning and final cleaning.
4. Wall penetrations for window units in north/south wall between stairway and Claude's
office and north/south wall at Steohen's office. Deconstruction of east/west facing wall
and ceiling section between stairway and plans storage cabinet and construction of a l-hr
rated assembly per code and specification. Removal, termination and/or relocation of
existing utilities and fixtures.
5. Manufacture and installation of partition wall sections utilising 2x4" Timberstand LSL
wall (24" OC) and window framing, 3.5" thick CertaPro™ AcoustaThenn™ Batts (or
similar), Homasote 440 Sound Barrier sheeting, 2x6 Timberstrand LSL cap,
Lauer & Associates, Ltd.
Timberstrand LSL window stops, \I," laminated glass (STC 39) and manufacturer
specified glazing accessories. Manufacture and installation of l-hr fire rated
PYROSTOpTM glazing sections between stairway and offices. Durable fastening to
adjacent surfaces to meet or exceed code. Fill annular spaces and caulk joint between
wall sections adjoining brick walls.
6. Installation of new electrical and communication wiring, j-boxes, receptacles, trim plates
and merge new office wiring to existing feed. Install three (3) Tolomeo Clip Spot (pinza)
task lamps, one (I) per office.
7. Manufacture and install three (3) open face book box units sized per specification and per
office to singularly or in combination approximately 9'6" wide. Made with Y.,"
particleboard.
8. Manufacture and install three (3) desk units made with '/.," particleboard to resemble
manufacturing style of desk units found at BlueGreen offices in Aspen. Construction to
be two layer thick, where the total thickness is not less than 1-1/4" thick and not more
than 1-1/2" thick.
9. Desk working surfaces to be finished with a self-levelling waterborne lacquer system
(excluded from OSB option).
10. Installed, repaired and patched gypsum wallboard surfaced to be finished with similar to
surrounding texture and wall section to be primed and painted in a eggshell sheen finish
system. Installed, repaired and patched gypsum wallboard surfaced to be finished with
similar to surrounding texture and wall section to be primed and painted in a flat sheen
finish system.
II. Manufacture from mahogany laminated solid core 3'0" 6'8" 1-3/4", four (3) custom
doors, to a Homasote 440 Sound Barrier finished recess panel approximately 6'0"tall x
2'6" wide, no glazing. And a. OR b. to meet or exceed ANSI 404 requirements.
a. POCKET DOOR SYSTEM: Install with as sliding pocket door system or as inward
swing hinged door system. Pocket door system to be Johnson Hardware 2000 Pocket
Door Frame - commercial grade (for 2 x 4 framing), with door sweep (no door sweep
for Alex's Office) and bar style pull handles on both sides of door, no locks.
OR
b. HINGED DOOR SYSTEM: Hinged door with Schlage AL-Series commercial grade
lever style lock and 4 x 2 ball bearing hinge hardware on 2x4 Timberstand LSL
doorjamb and strike.
12. ModiJy existing rolled drawing storage cabinet to fit and install in new wall cavity.
Cabinet cubbies quantity will not be increased.
13. ModiJy existing Layout w/storage table, by utilising existing 3 section cabinetry presently
located under the rolled plans storage as base boxes and join to a new work surface to be
made and finished similarly to the new desks. To meet or exceed ANSI standards.
14. Use green and/or fonnaldehyde free and/or VOC compliant and/or water based building
materials and/or FSC certified lumber where applicable, appropriate and available.
]5. Disposal and or recycling of job waste materials.
16. Noisy work to be done off site or after hours on-site. Quiet work is authorised during
Exclusions:
17. Sound attenuation panels/tile @ ceiling - discussed omitted during pre-bid conference.
18. Storage nook behind Alex's office door - discussed omitted during pre-bid conference.
19. Replacement of existing ceiling surface mount lighting.
20. Work as a result of unknown subsurface conditions that would cause for work at variance
with proposal and job scope.
2] . Disposal of hazardous waste.
22. Electrical, Communication and HV AC plans.
City Project Numher: 2006.021, 3rd Floor City Hall Office Remodel; PHASE 2.Proposal
Page 2 of8
Lauer & Associates, Ltd.
23. Architectural and Engineering services.
24. Plans storage racks.
25. Asbestos testing and mitigation.
26. Carpet work.
Considerations:
27. Generally accepted glass STC rating:
1/4" 31
1/2" 36
Sin Ie Laminated 1/8",0.030 P.V.B., 1/8" 35
1/4",0.030 P.V.B., 1/4" 38
1/2" 1/4",0.060 P.V.B.. 1/4" 39
Air s aced Glass 1/2" 1/8". air, 1/8" 28
Laminated Insulated (IGU) I" 1/4" lam", air, 1/4" lam 39
PYROSTOP I-Hr 7/8" 7/8" w/lntumescent interla er 41
I. Tested under ASTM E90, panels caulked in place with wooden SlOpS and glazing putty.
2. Tested under ASTM E90, laminated outside pane consisted of either 1/8"-0.030" P.V.B. -1/8" (total 1/4" thick), 1/4"-
0,030" r.Y.B. -1/8" (total 318" thick), 1/4"-0.030" r.Y.B, -1/4" (total 1/2" thick), 1/4"-0.030" r.Y.B. .112" (total 3/4"
thick), panels caulked in place in single frame with wooden stops and glazing putty. Units with less than I" airspace
were factory sealed. All other units were constructed in place.
3. PyrostopTM as manufactured by the Pilkington Group and distributed by Technical Glass Products.
1.
28. 1/2" laminated glass is the preferred glazing material where there is not a I-hr fire rated
requirement.
29. Our preferred supplier, Roaring Fork Glass, has told us that 1/4" monolithic glass could
be used for this installation.
30. 1/4" monolithic, aka plate glass (STC 31) is approximately 40% less in cost than 1/2"
laminated (STC 38/39) and has a 20% lower STC. 1/2" monolithic glass (STC 36) costs
the same as 1/2" laminated glass (STC 38/39). IGU is priced about the same as it's
laminated counterpart.
31. Although Dan previously thought that blugreen offices used wheatboard in the
construction of their built.in cabinets, upon site verification on May 4, 2006, it appears
that the used material is 3/4" particleboard. We have selected 3/4" particleboard for
cabinets and desk working surfaces for this proposal. Unfinished OSB option is
available. Durable surface finishing (i.e. clear lacquer system) ofOSB is difficult due to
residual wax content from the manufacturing process.
32. We recalculated this proposal with the assumed design changes of:
i. Sarah's office entry allowing for a passageway to Alex and Stephen's office
i i. Om itting of wall behind layout table
III. To raise level of glazing beside doors to match the level of glazing above
doors.
33. Daniel Lauer will be the on-site supervisor and/or carpenter/trades person. Employees
and subcontractors will be used.
34. Presently there are only 5 sheets of wheat board available amongst out preferred suppliers.
They do not plan to re-stock in this material because of its unpopular nature. We are able
to special order this material; however, we anticipate there may be an additional cost for
freight.
City Project l'lumber: 2006.(}2!, 3,d Floor City Hall Office Remodel; PHASE 2-Proposal
Page 3 of8
Lauer & Associates, Ltd.
35. Planset indicates, "file cabinet". We have assumed there is an existing file cabinet and
that this would be re-used and simply replaced under the new desk.
36. We have substituted the planset specified Ix6 cap with 2x6 Timberstrand during pricing
as a 90% material cost saving to the project and to have a similar look to the rest of the
finish materials.
37. We have substituted the planset specified aluminium glass stops with Timberstrand LSL
glass stops during pricing in an effort to use a lower sound transmission material and
have a similar appearance to the rest of the finish materials.
38. Licensing and permit fees have not been added into this proposal, as we understand that
this project is fees waived to the general contractor.
Ootions:
39. Substitute with 3/4" aSB instead of particleboard........................................
ADD $ 325.00
40. Substitute with wheatboard instead of particleboard
(not including freight on special order)................................................
ADD $ 565.00
41. Add glazing to new doors (only for hinged door)............... ... ..................
ADD $ 525.00
42. Three (3) pocket doors and hardware instead of hinged doors and hardware.
NO CHANGE
43. Use 1/4" monolithic, aka plate glass instead of 1/2" laminated glass
for glazing in partition walls......... ............ ...... ......... ... ..........
SUBTRACT $ 825.00
City Project ,'lumber: 20()6~021, r Floor City flail Office Remodel: PHASE 2-Proposal
Page 4 of8
Lauer & Associates, Ltd_
Anticipate time line:
It is estimated that the scope of work can be completed within 18 working days/nights
during a 29 calendar day period. The 17 working day/nights is Friday at thc cnd of workweek 1
through Sunday at the end of workweek 2. The number of calendar days is extended becausc of
the lead-time required for the PyrostopTM. Once this material has arrived, we will return for a 1-
day installation for the last of 18 working days/nights. 2 days of contingency are included in the
total calendar days. Noisy and disruptivc work hour will be Saturday and Sunday 8:30 am to
5:30pm and Tuesday through Friday 4:45pm to 1 :OOam. Quiet and non-disruptive work may be
done during Monday through Friday, 8:00am --- 5:00pm_
\ I\llt I P \ II II II \1 rI I" F
-- - - -
( ,t1lnd,1I 1)1\01 PI Ol~ (I I) l\ (HI......1l I .t~k
n,n \\nl, ()n .....tl
Cal Dav I Fri Proi Dav 1 On*site Hall and Claude's l-hr rated wall, Glazino
Hall, Claude's I-hr rated wall, plan holder unit, Layout
Cal Dav 2 Sat Pr'!.LDay 2 On-site desk, Clean and protecl.
Cal Day 3 Sun proi Day3 On-site Partition Wall Install 1/~!,inling Hall
Cal Day 4 Mon Proi Day 4 Off-site Cabinet manufacture
Cal Dav 5 Tue Proi Day 5 Off/on-site Pre:Man; Wall and window framing
---
Cal Day 6 Wed Proj Day 6 Off/on-site Pre-Man; Cabs
~av7 Thu Proi Day 7 OfT/on-site Partition Wall install 3/4, Gypsum
Cal Dav 8 Fri Proi Day 8 On-site Parlition Wall install 3/4, Gypsum
--- ----
Electrical, Window frames, Stephen's ollice Windows,
Cal Day 9 Sat Proi Day 9 On-site Gypsum T ex
Cal Dav 10 Sun Proi Dav 10 On-site Ilomasote 440, Gypsum Paint
--
Cal Day II Mon Proi Day 11 On-site Glazing, Electrical
Cal Dav 12 Tue proj Day 12 On-site Glazing, R/ROffiee Furniture
--- n..
Cal Dav 13 Wed proi Day 13 On-site R/R Office furniture
9LDav 14 Proi Day 14 ---
Thu On-site Doors manufacture and/or install
Cal Dav 15 Fri Proi Day 15 On-site Doors manufacture and/or install
Cal Dav 16 Sat proi Day 16 On-site --. ~Iand Dunch
Cal Dav 17 Sun Proj Dav 17 On-site Clean up - move out
-- Continoencv, Waitin" for Pyrostop -
Cal Dav 18 Mon Proi Dav 18 Dav OFF
~Day 19 Tue Proi Day 19 Dav OFF Conti_~~cncy_~.~aitinl) for PvrostOD
Cal Dav ~fJ.. _Wed pf(~i Day 20 Day OFF Waitin" forPyrostol'__ _
Cal Dav 21 Thu Proi Day 21 Dav OFF "
Dav OFF -~_._~
Cal Day 22 Fei Proj [)ll}'.22 "
~ay 23 Sat Proi Dav 23 Dav OFF "
--
Cal Dav 24 Sun Proi Dav 24 Day OFF "
--
Cal Dav 25 Mon Proi Dav 25 Day OFF "
Dav OFF - --- - --
Cal Day 26 Tue Proj Dav 26 "
-
Cal Dav 27 Wed Proi Day 27 Day OFF "
-- --
Cal Day 28 Thu proi Day 28 Dav OFF "
Cal Dav 29 Thu proi Dav 28 On-site Remove-temo wall sections and lnstall-l-hr tire rated 2:lass
City Project Numher: 2006-021, 3"1 Floor City Hall Office Remodel; PHASE 2.Proposal
Page 5 of8
..1--_____...-
Lauer & Associates, Ltd.
Proposed Finishes:
PI~( lll( )",1 !) ! 1\,1'';'11 ",( III 1)1 II
- - -r -- --- ---- ~--- , - --- - - - -
1>.\1 "lIlll,_ 1 lllll h I \.,\1"
Stairway
Resemble existing orange peel over gypsum board. Sherwin Williams J larmony or similar
Ceiling Paint with primer and paint system. White or light paint.
color with flat finish.
Resemble existing orange peel over gypsum board.
Wall - North Paint with primt:r and paint system White or light ''''
color with eggshell finish.
Wall - South '''' ''''
Wall- East '''' ''''
Wall-West "to ""
Floor Existing carpet /
Baseboard Same as wall /
Trim N/A /
Window(s) N/A /
Door(s) Clear waterborne lacquer /
Plans Layout
Resemble existing orange peel over gypsum board. Sherwin Williams Harmony or similar
Ceiling Paint with primer and paint system. White or light paint.
color with flat finish.
Wall - North Homasote 440, un-painted /
Wall - South NfA f
Wall - East N/A /
Wall - West Homasote 440, un-painted /
Floor Existing Carpet /
Baseboard Non /
Trim NfA /
Window(s) Existing New windows-unfinished.
Door(s) Clear waterhome lacquer
Claude Office
Resemble existing orange peel over gypsum board. Sherwin Williams I-Iannony or similar
Ceiling Paint with primer and paint system. White or light
color with flat finish. paint.
Wall - North Homasote 440, un-painted /
Wall - South Homasote 440, un-painted /
Wall - East Existing Brick /
Wall- West Homasote 440, un-painted f
Floor Existing Carpet /
Baseboard Non /
Trim N/A f
Window(s) Existing Existing window as is, new windows~
unfinishod.
Door(s) Clear waterborne lacquer /
City Project Number: 2006-021, r' Floor City Hall Office Remodel; PHASE 2-P'nposal
Page 60f8
Lauer & Associates, Ltd.
PR\ Jill 1......1 J) 11,\;ISll ",( He I >1 l L l\lIlfII1\I,-,j
-- - - - 1 , - -- - --- ----
h \1 1 "., III k~ I IIIII I, I ,,\l~
Sarah Offiee --
Resemble existing orange peel over gypsum board. Sherwin Williams Ha.nnony or similar
Ceiling Paint with primer and paint system. White or light paint.
color with flat finish.
--
Wail - North Homasole 440, un-painted /
-- /
Wall - South Homasote 440. 11I1.paintcd -.---
Wall- East Existing Brick /
Wall-West Homasote 440, un-painted /
Floor Existing Carpet /
Baseboard Non /
-.-----
Trlm N/A /
-
Window(s) Existing l~xisting window as is. new windows-
unfini~hed.
Door!sL Clear waterborne lacquer I /
A lex Office
------- ..'-------
Resemble existing orange peel over gypsum board. Sherwin Williams llarmony or similar
Ceiling Paint with primer and paint system. White or light paim.
COIOf with l1at finish.
- -..- ---
Wail - North Homasote 440, un-painted /
Resemble existing orange peel over gypsum board. ShelWin Williams Hannony or similar
Wan - South Paint with primer and paint system. White or light
color with flat finish. paint.
_..- ----- -- ____
Wan-East Homa.'iolt: 440, tm-painted /
Wall - West Homasote 440, un-painted /
Floor Existing Carpet /
--.-.... --..-.- -- ~._.-
Baseboard Noo /
Trim N/A /
Window(s) Existing Existing window as is, new windows-
unfinished.
--
Door(s) Clear waterborne lacquer /
--
Stephen Office ------
--------..--------- __.n.n.____....__... .....-
Ceiling N/A /
___n_..____" ---------
Resemble existing orange peel over gypsum board. Sherwin Williams Harmony or similar
wan- North Paint with primer and paint system. White or light
color with flat finish paint.
Wall - South N/A /
.-_'0'0-'- - --------- -----~
Wall- East N/^ /
-'---
Wail - West N/^ /
---.-
Floor N/A /
-
Baseboard N/A /
I Trim N/A /
_.-~---
Window(s) Existing Existing window as is, new windows-
--- unfilli:,;ht'u.
Door(s) N/A /
Ceiling N/A /
City Project Number: ]006-02/. 3''' Floor City Hall Office Remodel; PHASE 2.Proposa}
Page 70f8
Lauer & Associates, Ltd.
Pl,(}!'( \'-,1 f) IINl"'l! <.;( 111])111 --,:tll1!lllll<..,l _ _ _
- -1\\ ~ "IIIIL r---- - lllllll- --- I - ','l~
H
eraissa Omce -,-,. --
Resemble existing orange J}Ccl over gypsum board. Slll:rwin Williams Harmony or similar
Ceiling Paint with primer and paint system. While or light paint
color with flat finish.
Wall - North N/A I
Wall - South N/A /
--
Wall- East IIlomasote 440, un.painted / --
---
Wall-West } Iomasotc 440, un-painted I --
~- N/A I
Baseboard N/A /
"-.~
Trim N/A /
Window(s) N/A I --
-------
____~sL N/A I -.-
allway by Sarah's Omce --. .----
Ceiling N/A I
- -
Wall - North N/A I
--- /
Wall - South N/A
Wall- East Homasote 440, un-painted I
-
Wall - West N/A /
Floor N/A I .-
- - -
Baseboard N/A I
..
Trim N/A /
-
Window(s) East wall will not have glazing. /
---
Door(s) N/A /
-
T
I'refcrred Materials Suppliers (alphabetieal):
Alpine Ace Hardwarc BMC West - Aspen
Jeld Wen Windows & Doors (lWP) Roaring Fork Glass
Sandy's Office Supply Thc Lighting Studio
Prcferred Contraetors (alphabetieal):
Ilighland AN Nurealm Electric
Pacific Sheet Metal Pyramid Painting
Roari ng Fork Glass
We would like your business and look forward to an opportunity to work with
you on this project.
Sincercly.
Lauer & Associates, Iftd. I
'L
la,,1 V""')
\.., (,,\
\ -
By:
Daniel T. Lauer
City Project Number: ]()(}6-021, 3"" Floor City Hall Office Remodel; PHASE 2-Proposal
Page 8 of8