HomeMy WebLinkAbout551661 ELDER CONSTRUCTION INC - CONTRACT - RFP - 8516 CMGC FOR NIX FARM GARAGE & SHOP REMODELAmendment #1
8516 CM/GC for Nix Farm New Garage & Shop
Remodel Agreement – Work Order #600018-C
between The City of Fort Collins and Elder
Construction, Inc.
This First Amendment (“Amendment #1”) is entered into by and between Elder Construction, Inc. (the
“Service Provider”) and the City of Fort Collins, Colorado (the “City”) this 10th day of January, 2019.
WHEREAS, Service Provider and the City have mutually entered into a Services Agreement –
Work Order type dated September 15, 2017 (the “Agreement”); and
WHEREAS, Service Provider and the City have mutually entered into a construction Work
Order #600018-C dated April 4, 2018 (the “Work Order 600018-C”); and
WHEREAS, City and Service Provider desire to clarify that under the Work Order #600018-C,
with the exception of the parking lot asphalt paving addressed below, Service Provider’s work is subject
to a one (1) year correction period; and
WHEREAS, Service Provider and the City agree that Service Provider did not install the
parking lot asphalt pavement subgrade in compliance with the applicable Contract Documents
including: (a) the Geotechnical Investigation Report provided by CTL Thompson dated June 8, 2016;
(b) Architectural Drawings provided by Architecture West, LLC dated February 26, 2018; and (c) Civil
Drawings dated January 29, 2018; and
WHEREAS, City and Service Provider have agreed to remedy this situation by extending the
correction period associated with the defective parking lot asphalt paving to five (5) years; and
WHEREAS, Service Provider agrees to conform to the requirements of the 5-year correction
period.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
herein contained, the parties agree as follows:
1. Section 00800 of Supplementary Conditions shall be amended to add the following new
section:
SC-13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
SC-13.12.1. Delete paragraph 13.12.1 of the General Conditions entirely and
replace it with the following paragraph:
13.12.1 If within one (1) year after the date of Substantial Completion or such
longer period of time as may be prescribed by Laws or Regulations or by the
terms of any applicable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, any Work is found to
be defective, CONTRACTOR shall promptly, without cost to OWNER and in
8516 CM/GC for Nix Farm New Garage & Shop Remodel
Amendment 1 - Work Order No. 600018-C
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DocuSign Envelope ID: 698CC506-FEF2-4328-A7D6-ACF18055286A
accordance with OWNER’s written instructions: (i) correct such defective
Work, or, if it has been rejected by OWNER, remove it from the site and replace
it with Work that is not defective, and (ii) satisfactorily correct or remove and
replace any damage to other Work or the work of others resulting therefrom. If
CONTRACTOR does not promptly comply with the terms of such instructions,
or in an emergency where delay would cause serious risk of loss or damage,
OWNER may have defective Work corrected or the rejected Work removed and
replaced, and all claims, costs, losses and damages caused by or resulting from
such removal and replacement (including but not limited to all costs of repair or
replacement of work of others) will be paid by CONTRACTOR.
2. Pursuant to Section 13.13 of the General Conditions, “Acceptance of Defective Work,” the
City agrees to accept the defective parking lot asphalt paving work and instead of requiring
Contractor to correct the work or pay claims, costs, losses, and damages attributable to the
defective work, the City will accept and Contractor shall provide an extended five (5) year
correction period in Section 13.12 of the General Conditions, for the parking lot asphalt
paving work shaded in red on Attachment 1 – Site Plan, hereby incorporated by this
reference.
3. The parties agree that a defect in the asphalt paving that will trigger the enforcement of the
five (5) year correction period shall include, but not be limited to, a structural failure,
defined as a deflection up or down greater than 1-inch or any observable cracking.
4. The parties agree that in the event of a structural failure of the asphalt pavement triggering
enforcement of the 5-year correction period, Article 13.12.1 Correction Period of the
EJCDC, a copy of which is included in the Work Order, shall govern to the extent not
otherwise in conflict with the 5-year correction period created by this Amendment #1.
5. Except as expressly amended by this Amendment #1, all other terms and conditions of the
Agreement and Work Order #600018-C shall remain in full force and effect. In the event
of a conflict between the terms of the Agreement and/or Work Order #600018-C and
Amendment #1, Amendment #1 shall prevail.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year shown.
CITY OF FORT COLLINS: ELDER CONSTRUCTION, INC.:
By:____________________________ By: ____________________________
Gerry Paul
Director of Purchasing Title: ___________________________
Date: __________________________ Date: ___________________________
8516 CM/GC for Nix Farm New Garage & Shop Remodel
Amendment 1 - Work Order No. 600018-C
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DocuSign Envelope ID: 698CC506-FEF2-4328-A7D6-ACF18055286A
Patrick Elder
Vice President
1/15/2019 1/15/2019
SHOP
EXPANSION
'G'
EXISTING
MAINTENANCE BLDG
'E'
VEHICLE
STORAGE
'F'
EXISTING
FUEL
STORAGE
EXISTING
OFFICE BLDG
'B'
EXISTING
OFFICE
BLDG
'A'
PRIVATE DRIVE
PROPOSED
MODULAR
RELOCATED
CHEMICAL STORAGE
0
30'
30 15 30 60
SCALE: 1" =
CALL BEFORE YOU DIG
CALL UTILITY NOTIFICATION
CENTER OF COLORADO
1-800-922-1987
or 8-1-1
CALL 2-BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE
MARKING OF UNDERGROUND MEMBER UTILITIES.
CHECKED BY:
Date
City of Fort Collins, Colorado
UTILITY PLAN APPROVAL
Parks and Recreation
Traffic Engineer
Stormwater Utility
Water & Wastewater Utility
City Engineer
CHECKED BY:
APPROVED:
Environmental Planner
CHECKED BY:
CHECKED BY:
CHECKED BY:
CHECKED BY:
Date
Date
Date
Date
Date
Date
PREPARED FOR
PROJ. NO.
DATE:
SCALE (H):
SCALE (V):
CHECKED BY:
DESIGNED BY:
PROJECT NAME
NIX FARM NATURAL AREAS FACILITY
MAJOR AMENDMENT 2016
HORIZONTAL CONTROL PLAN
01/29/18
1" = 30'
N/A
JTC
RA
1276-195-00
4 of 10
CITY OF FORT COLLINS
NATURAL AREAS DEPARTMENT
1745 HOFFMAN MILL ROAD
FORT COLLINS, CO 80524
PH: 970.416.2815
NOTES:
1. VERIFY BUILDING PLAN DIMENSIONS PRIOR TO CONSTRUCTION
2. ALL PAVEMENTS AND EARTHWORK SHALL CONFORM TO THE
GEOTECHNICAL REPORT FOR THE SITE.
3. ALL WORK SHALL CONFORM TO THE CITY OF FORT COLLINS
CONSTRUCTION SPECIFICATIONS AND STANDARDS.
4. COORDINATE LOCATION, HEIGHTS, ETC. OF WALLS FENCES, AND
SITE FEATURES WITH ARCH AND LANDSCAPE.
5. ALL SURFACES SHALL BE THOROUGHLY CLEANED PRIOR TO
INSTALLATION OF STRIPING OR MARKING.
6. FINAL STRIPING AND SYMBOL LOCATIONS SHALL BE FIELD
COORDINATED WITH OWNER.
NOTE: ADD KNOX BOX AND
LOCK AT EXISTING FIRE
ACCESS GATE ADJACENT
TO TIMBERLINE ROAD
LIGHT DUTY ASPHALT
PAVEMENT
HEAVY DUTY CONCRETE
PAVEMENT
HEAVY DUTY ASPHALT
PAVEMENT
LEGEND
attachment 1 - site plan
8516 CM/GC for Nix Farm New Garage & Shop Remodel
Amendment 1 - Work Order No. 600018-C
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DocuSign Envelope ID: 698CC506-FEF2-4328-A7D6-ACF18055286A