HomeMy WebLinkAboutres076-05TO:
THRU:
FROM:
DATE:
RE:
MEMORANDUM
Mayor Klanderud and Aspen City Council
Ed Sadler, Assistant City Manager ~
Ben Ludlow, Project Manager
September 20, 2005
Old Street Shop Historic Renovation
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SUMMARY: The old Castle Creek Power Plant, which now is used as a Streets Department Shop,
is in need of renovation for the preservation of the building. In 2003 the Streets Department made an
AMP request to renovate the building. Design was funded in 2004, with the actual work funded in
2005 ($290,000). Soon after, the Colorado Historical Society became involved with a grant to help
fund the work ($155,584). The renovation of this building includes: construction ora new retaining
wall behind the building, repoint existing masonry and reconstruction of damaged masonry, cleaning
of all brick masonry, installation of new corrugated steel roof, repalnting of exterior and interior
windows and doors, grading and drainage improvements to keep water away from the building and
therefore reduce ongoing damage to the brick.
DISCUSSION: Bids were'received May 17, 2005 for the reconstruction of the building. The bids
were far over the Amhitect's Estimate of $384,074, so staff worked with the low bidder to reduce
scope and to lower the price, while still accomplishing all of the major objectives in preserving the
building. The Apparent low bidder was Fenton Construction at $770,438. With a reduction of the
scope of work, Fenton was able to lower the bid to $410,664 to complete the most important portion
of the work Which is the exterior brick, doors, windows, roof and other structural repairs to the
building.
Since the scope changed from the originally approved plan by the Colorado Historical Society, staff
had to present a new scope of work. The Colorado Historical Society then did a site visit and
reviewed the new scope and cost impacts. The Colorado Historical Society had to then decide if they
would still approve the grant at the same level of funding for the new scope of work. This decision
was final on 9/19/05 when they did finally approve the project with the new scope of work.
STAFF RECOMMENDATION: Staff is recommending approval of the contract with Fenton
Construction for $410,664
ALTERNATIVE: Reject the bid and put the project back out to bid in 2006 with a new work scope.
FINANCIAL IMPACTS: The Colorado Historical Society has approved a grant for $155,584 to use
towards.exterior rehabilitation of the building. Additionally, the Streets Department has $290,000
funds available through the AMP budget general fund, for a total of $445,584 in available funds.
Construction will occur during 2005 if weather holds, but otherwise could lapse into early 2006.
CITY MANAGER'S COMMENTS:
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tLESOLUTION NO. ~-(9
Series of 2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING A CONTRACT FOR RENOVATION AND PRESERVATION OF THE
CASTLE CREEK POWER PLANT AT THE CITY OF ASPEN STREETS
DEPARTMENT, BETWEEN THE CITY OF ASPEN AND FENTON
CONSTRUCTION, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO
EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, .there has been submitted to the City Council a contract for
reconstruction and preservation of the old Castle Creek Power Plant at the City of Aspen
Streets Department, between the City of Aspen and Fenton Construction a true and
accurate copy of which is attached hereto as Exh/bit ..... A,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF ASPEN, COLORADO:
That the City Council of the City of Aspen hereby approves that Contract for
reconstruction and preservation of the old Castle Creek Power Plant at the City of Aspen
Streets Dep,'mment, between the City of Aspen and Fenton Construct.ion, a copy of wkich ·
is annexed hereto and incorporated herein, and does hereby authorize the Mayor or 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 day of ., 2005.
Helen Kalin Klandemd, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council of the
City of Aspen, Colorado, at a meeting held on the day hereinabove stated.
Kathryn S. Koch, City Clerk
TLO- saved: 9/20/2005-276-G:\tara~Resos\Fenton.powerplant.doc
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CONTRACT FOR CONSTRUCTION T~c~
THIS AGREEMENT, made and entered into on September 20, 2005, by and between the
CITY OF ASPEN, Colorado, hereinafter called the "City", and Fenton 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 Castle Creek Power Plant, 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 Constructio¢ therefore, for the sum or sums set forth herein;
NOW, THEREFORE, in consideration of the payments and Contract for Construction
herein mentioned:
The Contractor shall commence and complete the construction of the Work as fully
described in the Cont(act Documents.
The Contractor shall furnish all of the materials, supplies,-tools, equipment, labor and
other services necessary for the construction and completion of the Work described
herein.
The Contractor shall commence the work required by the Contract Documents within
seven (7) consecutive calendar days after the date of "Notice To Proceed" or Issuance of
Building permit 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.
The Contractor agrees to perform all of the Work described in the Contract Documents
and comply with the terms therein for a sum not to exceed Four Hundred Ten
Thousand Six Hundred and Sixty Four ($410,664) DOLLARS or as shown on the BID
proposal.
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
Special Conditions. The Contract Documents are included herein by this reference and
made a part hereof as if fully set forth here.
CC1-971,doc Page 1 *'CC1
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6.
10.
11.
12.
13.
14.
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.
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.
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.
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 wt~om 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.
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, cover~ants or conditions herein
contained, to be performed, kept and observed by the other party.
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.
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.
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.
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
CC1-971.doc Page 2 **CC1
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Construction and that he/she has full and complete authority to enter into this Contract
For Construction for the terms and conditions specified herein.
IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For
Construction on the date first above written.
ATTESTED BY:
CITY OF ASPEN, COLORADO
By:
Title:
RECOMMENDED FOR APPROVAL:
APPROVED AS TO FORM:
City Engineering Department
By:
City Attorney
ATTESTED BY:
CONTRACTOR:
Title:
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.
CC1-971.doc Page 3 -CC1
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CERTIFICATE OF INCORPORATION
(To be completed if Contractor is a Corporation)
STATE OF (~'~C;~-CL(~O )
COUNTY OF ~1- gi ¢'x ))SS.
On this ~, da~ ~~~ ,~ b~fore me appeared
~ ,~ I~~ to me peri,ally known, who,
bein~b' y ~e f"' ~rst dul~ swgrn, di~ ~ay that s/he ~.,~ ~ ~ ~~ of
~~ _~~/~O~ ,~ ~C ' a~ that the seal affixed
to said instrument is the corporate se~l 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.
· th Cmmis~0~
My commission expires:
Notary Pu b~cLZ~
[I.
Address /' -
CC1-971 .doc Page 4 **CCl
June 30, 2005
Fenton Construction, Inc.
Ben Ludlow
City Of Aspen
130 S. Galena St.
Aspen, CO. 81611
Dear Ben,
Thank you for the opportunity to submit our pricing for the Castle Creek Power Plant. We have
compiled a detailed estimate and scope letter based on drawings provided. We look forward to
working with you on this project.
The proposal is broken down into the following categ0hes:
1. Estimate
2. ScoPe Letter
Fenton Construction's contact information for additional questions is as follows:
Pat Fenton - President
117 South Monarch
Aspen, CO 81611
Office: (970)-920-4623
Cell: (970)-948-5190
Fax: (970)-920-4629
p fenton~fentonconstmct.com
Tim Fenton
117 South Monarch
Aspen, CO 81611
Office: (970)-920-4623
Cell: (970)-948-I279
Fax: (970)-920-4629
ffenton~£entonconstruct.com
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Please call us with any questions about our proposal.
Respectfully submitted,
Tim Fenton.
117 South Monarch Street, Aspen, CO 81611
Phone: 970-920-4623
Fax: 970-920-4629
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Fenton Construction, Inc.
Castle Creek Power Plant Restoration
Scope Letter
June 30, 2005
City of Aspen
130 S. Galena Street
Aspen, CO 81611
To Whom It May Concern:
This letter shall confirm our quote to you for the Castle Creek Power Plant Restoration
Project and outline our scope of work, assumptions, and exclusions per the contract
documents.
Contract Documents
Our price is in accordance with the following documents:
· Architectural Sheets by Aller Lingle Architects, dated 04-07-05: Site Plan
SD1.0; Building Floor Plan Al.0; Reflected Ceiling Plan Al.l; Roof Plan and
Details Al.2; Building Elevations A2.0; Building Elevations A2.1; Building
Sections A3.0; Roof Detaits A4.0; General Notes Project Plan S1.0; Sections &
Details S2.0; Mechanical Plans MI.0; Electrical Plans El.0; Panel Schedules/One
Line Diagram E2.0
· 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 $410,664.00. This price includes our
contingency of $ 8,052 and contractor fee of 10%.
The followin~ items are included:
Division 1 - General Conditions
· Project Supervision for 3 Months.
· Temporary fire protection.
· First aid, safety program, and safety equipment.
· Tools and equipment rental and consumables.
· Finish clean of the site and building.
· Blue Prints & Spec Books
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Fenton Construction, Inc.
Division 2 - Sitework
· Excavation for the new micro pile
· Sub-grade excavation for new parking area
· 450 CY of export around building and new parking area
· New inlet and drywell ( 100 tons of 1 ½" screened Rock)
· Fine grade the sub-grade and place 4" 3/4 ".road base) approximately 60 tons
· Prep for the drainage pan between the buildings and the micro pile wall
· Micro pile wall and fencing
Division 3 - Concrete
· Furnish/install (2) two recast concrete caps
Division .4 - Masonry
Exterior brick repair allowance $65,625.00, If we save money on the micro pile
wall and the excavation the credit will be applied to the exterior brick repair
Division 6 - Wood and Plastics
· Furnish materials and labor for installation of miscellaneous rough'ct~pentry
· Furnish and install pressure-treated and fire treated materials
· Furnish nails, screws, bolts, fasteners, and glues
· Furnish/install epoxy-type wood repair materials
Division 7 - Thermal-Moist Proofing
· Furnish/install new galvanized sheet metal flashings and counter flashings
· Furnish miscellaneous metal flashings
· Furnish all equipment required for field forming and cutting operations &the ·
prefinished metal roofing system
· Furnish/install rigid board-type roof insulation with attachments to inside face of
existing lantern louvers
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Fenton Construction, Inc.
Division 8 - Doors and Windows
· Repair of existing wood double hang windows and screens
· Refurbish existing finish hardware for reinstallation in existing doors
· Furnish/install glass and glazing for new wood windows
Division 9 - Finishes
· Prep and paint interior and exterior of all windows and exterior doors
Division 15 - Mechanical
· Install new bathroom fixtures
· Test existing mechanical equipment and repair if needed
Division 16 - Electrical
· , Electrical allowance as needed for safety issues
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