HomeMy WebLinkAboutresolution.council.008-13 RESOLUTION #e
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND BURLINGAME PHASE II CONTRACT AMENDMENT FOR ADDITION
OF VERTICAL CONSTRUCTION OF BUILDINGS 1 — 4, AUTHORIZING THE
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
Burlingame Phase II Contract Amendment for Addition of Vertical Construction
of Buildings 1 - 4, between the City of Aspen and Haselden Construction, a true
and accurate copy of which is attached hereto as Exhibit "A";
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 that Contract
for Burlingame Phase II Contract Amendment for Addition of Vertical
Construction of Buildings 1 - 4, between the City of Aspen and Haselden
Construction, 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 14th day of January 2013.
•
ichael C. Aland, Mayor
1, 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, January 14, 2013.
Kath n S. Koch, City Clerk
RIB Rider Leven Bukn �
1675 Larimer Street
Suite 470
Denver,Colorado 80202
T:+720 904 1480
January 4, 2013
Mr Chris Everson email: chris.everson @ci.aspen.co.us
Affordable Housing Project Manager
City of Aspen
130 South Galena St
Aspen, CO 81611
BURLINGAME RANCH PHASE II
2013 PHASE 2A VERTICAL—BUILDINGS 1 THROUGH 4— HASELDEN GMP ADDENDUM
Dear Chris,
The purpose of this letter is to summarize our recommendation regarding the Haselden 2013 Phase
2a GMP.
CONTRACT ADDENDUM
Rider Levett Bucknall (RLB), Janet Lawler-McDaniel from the legal firm Benjamin, Bain, Howard and
Cohen (BBHC) and the City of Aspen have been very active over the past month compiling the A195
GMP Contract Addendum which will form the basis of the 2013 Phase 2a vertical construction work.
RLB is privy to many construction contracts and the efforts by BBHC in the earlier phases of the
project have provided a sound base contract (which was not altered during recent contract
negotiations). We are satisfied that the A195 GMP addendum currently contemplated serves to
adequately control the City of Aspen's risk.
Four specific components of this addendum were focused upon with Haselden and BBHC:
• Understanding the 2% Bidding and Award Allowance
• Mitigating and managing any potential risk of escalation (particularly in lumber which saw.a 48%
increase over the last 12 months and 29% in the last quarter!)
• Having the buildings completed in 2013 to allow sale and occupancy
• Agreeing the GMP price and ensuring no cost overlap with the Access/Infrastructure package
We note that two critical factors affect the GMP addendum, a/timely Notice to Proceed to the General
Contractor by February 01, 2013 and b/ uplift of the Building Permit to enable a start on site on April
01, 2013.
A minor item defining the duration from substantial completion to final completion will need to be
resolved as the contract schedule is finalized.
Page 1 of 2
January 04, 2013 RLB I Rider Levett Buckna«
Chris Everson, Affordable Housing Project Manager
BURLINGAME RANCH PHASE II
2012 ACCESS INFRASTRUCTURE PACKAGE —CONTRACT ADDENDUM AND HASELDEN GMP
2013 PHASE 2A VERTICAL—BUILDINGS 1 THROUGH 4— HASELDEN GMP ADDENDUM
Phasing of the project has created some complexities with scope, particularly for site work and
earthwork. In October, considerable work was also done to reduce the initial GMP cost through value
engineering, alternates and targeted savings.
The GMP submitted is well compiled, reasonable and sufficient to complete the 2013 Phase 2a work.
RLB queried some cost items in the GMP at the time of CoA budget submission, and Haselden felt
these were still necessary to be retained within the GMP and order to complete/carry out the work.
RLB will be active in tracking expenditure against these line items.
We are comfortable with the General Conditions inclusions and value ($1,192,000; 7.1%) and other
allowances of 12.4% carried in the total. The larger allowances include the civil scope and the bidding
allowance and these will be resolved with the subcontractor re-bid Haselden is planning to carry out
until January 28tH
As such, we recommend the Haselden GMP is accepted for$16,779,287 and the A195 GMP Contract
Addendum is executed.
CONCLUSION
Overall, the Haselden GMP appears to be well compiled, reasonable and sufficient to complete the
2013 Phase 2a work. Allowances included in the GMP are reasonable and appropriate for the project
scope.
We are satisfied the GMP covers the scope of the 2013 Phase 2a package and we recommend
acceptance of the A195 GMP addendum with the Contract Sum of$16,779,287.
We trust this is of assistance. Please contact me for any queries relating to this memo.
Sincerely,
Rob Ta for
Associate Principal, BE,PSP
Rider Levett Bucknall Ltd
Page 2 of 2
O 2
AIA Document A195-2008
Exhibit C
Guaranteed Maximum Price Amendment
This Exhibit is incorporated into the Agreement dated the 22nd day of March in the year 2009.
for the following PROJECT:
Burlingame Ranch Phase II
Aspen,Colorado
ARTICLE A.1
§A.1.1 PHASE II GUARANTEED MAXIMUM PRICE—48 UNIT VERTICAL CONSTRUCTION
Pursuant to Section 4.2.2 of the Agreement,the Owner and Contractor hereby amend the Agreement to establish a
Guaranteed Maximum Price("GMP")for Phase II—48 Unit Vertical Construction of condominium units for sale to
private residential owners,Buildings 1 through 4. As agreed by the Owner and Contractor,the Guaranteed
Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Contractor's
Fee plus the Cost of the Work,as that term is defined in Article A.3 of this Amendment.
§A.1.1.1 The Contract Sum is guaranteed by the Contractor not to exceed Sixteen Million,Seven Hundred, Seventy-
Nine Thousand,Two Hundred and Eighty-Seven Dollars(16,779,287.00),subject to additions and deductions by
Change Order as provided in the Contract Documents. This amount includes the deduct of$78,720.00 for
overlapping General Conditions between the Civil Infrastructure scope of Work and the Vertical Construction scope
of Work. The Contractor shall submit a revised Guaranteed Maximum Price Estimate within 14 days of Contract
execution to align with this guaranteed Contract Sum which will become Exhibit 113.
The amount by which the sum of the(i)actual Cost of the Work,plus(ii)the Contractor's Fee, is less than the
Guaranteed Maximum Price, defined herein as"Savings", shall be shared between the Owner and Contractor. The
sharing ratio shall be fifty percent(50%)to the Owner and fifty percent(50%)to the Contractor. The Contractor's
portion of the Savings shall be paid at the time of the Final Payment,as provided for in the Agreement.
§A.1.1.1.2 Contractor's Fee: The Contractor's Fee for Work performed after the establishment of the GMP will be
3%of the Cost of the Work.No fee shall be added to expenditure of the Contractors Contingency or the Final
Bidding&Award Allowance.
§A.1.1.1.3 The Contract Sum identified in Section A.1.1.1 above includes within it an amount for General
Conditions of One Million,Two Hundred Sixty-Eight Thousand,Four Hundred Twenty-Seven Dollars
($1,192,000.00), which is$1,268,427 reduced by$76,427 for the overlapping of General Conditions between the
Civil Infrastructure and Vertical Construction, subject to additions and deductions by Change Order as provided in
the Contract Documents. General Conditions will be billed at actual costs. Contractor must not move Work from
General Conditions to subcontract trades or self-performed work without a signed Change Order.
§A.1.1.2 ITEMIZED STATEMENT OF THE GUARANTEED MAXIMUM PRICE
The Contractor shall provide an Exhibit 1B which will be an itemized statement of the Guaranteed Maximum Price
which conforms to the GMP amount in the Agreement,organized by trade categories,allowances,contingencies,
General Conditions, the Contractor's Fee,and other items that comprise the Guaranteed Maximum Price.
§A.1.1.3 The Guaranteed Maximum Price is based on the Implementation Documents identified below. The GMP
includes all the Work required to complete the Phase 11 Vertical Construction Work. The Contractor guarantees
that the Contract Sum will not exceed the GMP price provided that this GMP Amendment is executed before
February 1,2013 and a Notice to Proceed is issued by February 1,2013.
The Contractor's GMP includes a Final Bidding&Award Allowance($310,000.00)to cover costs with the final
subcontractor awards and subcontract execution in accordance with article A.3.4.of this amendment. This allowance
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shall also be used to cover added costs,if any,associated with post GMP submission documentation reflecting the
Accepted Cost Trend log scopes not otherwise reflected.
•OZ Architecture-Burlingame Ranch Phase II-Addendum 02 -November 09,2012
•OZ Architecture-Burlingame Ranch Phase II-Volume 04 drawings-November 09,2012
Contractor shall provide a detailed log of these awards and provide reconciliation of the allowance within 45 days of
the Notice to Proceed.All savings from this allowance shall be returned to the Owner. Any shortfalls in this
allowance shall not be cause for an increase in the GMP.
§A.1.1.3.1 The Contractor's GMP includes a 2%Contractor's Contingency for the Contractor's exclusive use to
cover costs defined in this Section A.1.1.3 to cover costs to expedite the schedule for non-excusable delays,and
other unanticipated costs which are properly considered reimbursable as a Cost of the Work but do not form the
basis for a Change Order as a result of changes in the scope of the Work.
§A.1.1.3.2 The Contractor shall report and reconcile the Contractor's Contingency to the Owner on a monthly basis.
Contractor's Contingency will be allocated to specific line items in the Estimate through the use of a Change Order
signed by the Owner and Contractor, including a description of the items covered by the Contractor's Contingency,
and the Contingency amount will be reduced accordingly.
§A.1.1.3.3 The Owner shall not unreasonably withhold approval of a Change Order to utilize the Contractor's
Contingency so long as(a)the contingency amount does not increase or exceed the GMP, (b)the Contractor utilizes
the Contractor's Contingency for items required for the Project that are otherwise recoverable as Costs of the Work
under the Contract Documents, or(c)the Contractor's Contingency is used for items outlined in clauses(1)through
(3)below:
.1 Scope of the Work that is unclear, incomplete or conflicting on the Contract Documents but which is
Work consistent with the Contract Documents and reasonably inferable as being necessary to produce the
intended results.
.2 Additional resources necessary to recover lost time for non-excused delays. If overtime is required to
maintain the schedule, the Contractor shall obtain the Owner's prior written approval before moving
forward with such overtime.
.3 Delays caused by market,labor,material or transportation conditions,labor disputes,weather or other
causes which are costs of the Work but do not justify an increase in the GMP.
§A.1.1.3.4 The Contractor's Contingency is not available for use by the Contractor for mistakes that result from Self-
Performed Work secured through competitive bidding, mistakes of subcontractors or vendors, subcontractor's
warranty work,or manufacturer's warranty work.
§A.1.1.3.5 The Contractor's Contingency is not available for use by the Owner for allowance overruns, changes in
the Scope of Work,differing or changed site conditions,or design errors.
§A.1.1.3.6 At Final Completion of the Project, any Contractor's Contingency remaining in the Final GMP will be
returned 50%to the Owner and 50%to the Contractor in the shared Savings in Section A.1.1.1.
§A.1.1.4 Allowances and Alternates included in the Guaranteed Maximum Price,if any:
The Allowances included within the GMP are as follows:
1 Earthwork(includes updated cost on trend log with Bldg. 5) $ 1,259,424
2 Vehicle Control Signage $ 7,500
3 Pavement Markings $ 6,000
4 Transit Benches $ 3,200
5 Grass Seed for Areas Outside Area of Disturbance $ 4,500
6 Independent Soil Testing for Landscaping $ 10,000
7 Irrigation Infrastructure $ 32,520
8 Irrigation Pump Station $ 150,000
9 Pump house#2 on 15.2 $ 100,000
10 Miscellaneous Flashings&Counter flashings $ 20,000
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§A.3.1.2 Where any cost is subject to the Owner's prior approval,the Contractor shall obtain this approval prior to
incurring the cost.The parties shall endeavor to identify any such costs prior to executing this Agreement.
§A.3.1.3 LABOR COSTS
§A.3.1.3.1 Wages of Contractor's Own Forces or Own Personnel,which are defined as construction workers directly
employed by the Contractor to perform the construction of the Work at the site or,with the Owner's prior approval,
at off-site workshops. Overtime for non-exempt employees may be charged at 1.5 times the Burdened Hourly Rates
identified in Exhibit 3B.
§A.3.1.3.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site
with the Owner's prior approval,based on actual hours devoted to the Project. Salaried,exempt employees of
Contractor will not be paid an overtime premium,and will not charge the Project for more than 40 hours in any
week. Wages or salaries of officers of the company,Project Executives,Construction Executives, Senior Project
Executives or above will not be reimbursed under any circumstances. Contractor's approved supervisory and
administrative personnel for Phase II-Vertical Construction include a Superintendent,a Project Manager,and a
Project Engineer at the rates identified in Exhibit 3B. These rates must not include allocation for subsistence,per
diems,housing,travel,vehicle allowances,gas,merit pay, incentive pay,profit sharing or bonuses.
Person included Status(full-timelpart-time) Rate($0.00) Rate(unit of time)
Sen.Project Manager Part Time See Exhibit 3B Hour
Project Manager Full Time See Exhibit 3B Hour
Gen. Superintendent Full Time See Exhibit 313 Hour
Project Superintendent Part Time See Exhibit 313 Hour
Project Engineer Full Time See Exhibit 3B Hour
Environmental/Safety Engineer(s) Part Time See Exhibit 313 Hour
MEP Coordinator Part Time See Exhibit 3B Hour
§A.3.1.3.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged at factories,
workshops or on the road,in expediting the production or transportation of materials or equipment required for the
Work,but only for that portion of their time required for the Work and devoted to the Project. Salaried,exempt
employees of Contractor will not be paid an overtime premium,and will not charge the Project for more than 40
hours in any week.
§A.3.1.3.3.4 Contractor's project personnel stationed at the Contractor's principal office or offices other than the site
office,will not be charged to this Project without the Owner's prior written approval. With the Owner's prior
approval,such personnel will be paid based on actual hours devoted to the Project at the rates listed in the approved
Burdened Hourly Rates schedule in Exhibit 3B. With the Owner's prior approval,reasonable travel and temporary
living expenses are allowed for such employees. Salaried,exempt employees of Contractor will not be paid an
overtime premium,and will not charge the Project for more than 40 hours in any week. Wages or salaries of
officers of the company,Project Executives,Construction Executives,Senior Project Executives or above will not
be reimbursed under any circumstances.
§A.3.1.3.4 Costs paid or incurred by the Contractor for taxes,insurance,contributions,assessments and benefits
required by law or collective bargaining agreements and,for personnel not covered by such agreements,customary
benefits such as sick leave,medical and health benefits,holidays,vacations and pensions,provided such costs are
based on wages and salaries included in the Cost of the Work under Sections A.3.1.3.1 through A.3.1.3.3 are
included in the Burdened Hourly Rates identified on Exhibit 313,attached hereto,and will not be paid in addition to
the Burdened Hourly Rates.
§A.3.1.3.5 Intentionally deleted.
§A.3.1.4 SUBCONTRACT COSTS
Payments made by the Contractor to any Subcontractors in accordance with the requirements of the subcontracts on
the Project will be considered a Cost of the Work and the Contractor will be entitled to no more than a 3%fee on
Subcontract costs.
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§A.3.1.5 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION
§A.3.1.5.1 Costs,including transportation and storage,of materials and equipment incorporated or to be incorporated
in the completed construction.
§A.3.1.5.2 Costs of materials described in the preceding Section A.3.1.5.1 in excess of those actually installed to
allow for reasonable waste and spoilage.Unused excess materials, if any, shall become the Owner's property at the
completion of the Work or,at the Owner's option, shall be sold by the Contractor.Any amounts realized from such
sales shall be credited to the Owner as a deduction from the Cost of the Work.
§A.3.1.6 COSTS OF OTHER MATERIALS AND EQUIPMENT,TEMPORARY FACILITIES AND RELATED ITEMS
§A.3.1.6.1 Costs of transportation,storage,installation,maintenance,dismantling and removal of materials,supplies,
temporary facilities,machinery,equipment and hand tools not customarily owned by construction workers that are
provided by the Contractor at the site and fully consumed in the performance of the Work.Costs of materials,
supplies,temporary facilities,machinery,equipment and tools that are not fully consumed shall be based on the cost
or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used
at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value.
§A.3.1.6.2 Rental charges for temporary facilities,machinery,equipment and hand tools not customarily owned by
construction workers that are provided by the Contractor at the site and costs of transportation,installation,minor
repairs,dismantling and removal.The total rental cost of any Contractor-owned item may not exceed the purchase
price of any comparable item. Rates of Contractor-owned equipment and quantities of equipment shall be subject to
the Owner's prior approval.
§A.3.1.6.3 Costs of removal of debris from the site of the Work and its proper and legal disposal.
§A.3.1.6.4 Costs of document reproductions,facsimile transmissions and long-distance telephone calls,postage and
parcel delivery charges,telephone service at the site and reasonable petty cash expenses of the site office.
§A.3.1.6.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable and insured
location, subject to the Owner's prior approval.
§A.3.1.7 MISCELLANEOUS COSTS
§A.3.1.7.1 Premiums for that portion of insurance and bonds,at actual cost,required by the GMP Documents that
can be directly attributed to this Contract. Estimates of the Guaranteed Maximum Price may be based on
percentages,however payment to the Contractor will be based on actual cost.
§A.3.1.7.2 Sales,use or similar taxes imposed by a governmental authority that are related to the Work and for
which the Contractor is liable and which are not exempt under the City's Tax Exemption.
§A.3.1.7.3 Fees and assessments for the building permit and for other permits,licenses and inspections for which the
Contractor is required by the GMP Documents to pay.
§A.3.1.7.4 Fees of laboratories for tests required by the GMP Documents,except those related to defective or
nonconforming Work for which reimbursement is excluded by Section 12.4.3 of AIA Document A295TM-2008 or
by other provisions of the GMP Documents,and which do not fall within the scope of Section A.3.1.8.3.
§A.3.1.7.5-Royalties and license fees paid for the use of a particular design,process or product required by the GMP
Documents;the cost of defending suits or claims for infringement of patent rights arising from such requirement of
the GMP Documents;and payments made in accordance with legal judgments against the Contractor resulting from
such suits or claims and payments of settlements made with the Owner's consent. However,such costs of legal
defenses,judgments and settlements shall not be included in the calculation of the Contractor's Fee or subject to the
Guaranteed Maximum Price.If such royalties,fees and costs are excluded by the last sentence of Section 9.17 of
A295Tm -2008 or other provisions of the GMP Documents,then they shall not be included in the Cost of the Work.
§A.3.1.7.6 Costs for electronic equipment,cell phones,computers and software,office furniture and office
equipment directly related to the Work with the Owner's prior approval.The total rental cost of any rental item,
excluding the cost of insurance,repairs and maintenance, whether a Contractor-owned item or otherwise,may not
exceed the purchase price of any comparable item.
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Contractor shall provide Owner with an equipment management plan which identifies the following:
.1 All equipment to be used on the Project;and
.2 Competitive market rental rates for the equipment,including whether the equipment can be rented on an
hourly,weekly or monthly basis;and
.3 A recommendation regarding whether it is in the Owner's best interest to purchase the equipment
outright or to rent the equipment;and
.4 Which equipment may be provided by the Contractor,at rates not to exceed the competitive market
rates.
§A.3.1.7.6.1 Equipment including,but not limited to,electronic equipment,machinery,cell phones,computers and
software,office furniture,supplies and office equipment purchased and charged to the Project as a Cost of the Work
shall become the property of the Owner.The Owner may require Contractor to turn these items over to the Owner at
the end of the Project.Any lease/purchase rental arrangements must be disclosed to the Owner. If the Contractor
purchases equipment under a lease/purchase arrangement whereby rental payments are charged to Owner as a Cost
of the Work,an appropriate credit shall be given to the Owner for the fair market value of the equipment at the time
it was last used on the Project. For Contractor-owned equipment,the Contractor shall maintain daily equipment
usage reports. The Owner shall not be charged for equipment which is stored on the job site but not in regular use.
The equipment use reports shall be used by the Contractor to determine the most economical billing rate(hourly,
weekly,monthly)to the Owner.
§A.3.1.7.7 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility
in the GMP Documents.
§A.3.1.7.8 Legal,mediation and arbitration costs,including attorneys' fees,other than those arising from disputes
between the Owner and Contractor,and other than those related to claims filed by subcontractors or material
suppliers for non-payment on the Project,reasonably incurred by the Contractor after the execution of this
Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably
withheld.
§A.3.1.7.9 Subject to the Owner's prior approval,temporary living and subsistence expenses approved by Owner
incurred for the Contractor's personnel identified in A.3.1.3.2 above and required for the Work on this Project.
Meals will not considered temporary living expenses and will not be reimbursed.The Owner reserves the right to
approve accommodations for Contractor's personnel in advance,and to find them alternate accommodations in the
event that the Owner does not approve of their proposed accommodations.
§A.3.1.7.10 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel
identified in A.3.1.3.2 above,incurred while traveling in discharge of duties connected with the performance of the
Work on this Project,at the rates on Exhibit 1 B which have been approved by the Owner in writing.Travel expenses
of officers of the company,Project Executives,Construction Executives, Senior Project Executives or above will not
be reimbursed under any circumstances.
§A.3.1.7.11 General Conditions will be paid monthly, on the basis of actual costs incurred,but only when supported
by evidence satisfactory to the Owner.
§A.3.1.8 OTHER COSTS AND EMERGENCIES
§A.3.1.8.1 Other costs incurred in the performance of the Work if,and to the extent,approved in advance in writing
by the Owner.
§A.3.1.8.2 Costs incurred in taking action to prevent threatened damage,injury or loss in case of an emergency
affecting the safety of persons and property,as provided in Section 9.24.4 of A295-2008.
§A.3.1.8.3 Costs of repairing or correcting damaged Work executed by the Contractor,Subcontractors or suppliers,
provided that such damaged Work was not caused by negligence,failure to conform to the Contract Documents,or
failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction
is not recovered by the Contractor from insurance,sureties,Subcontractors, suppliers,or others.
§A.3.1.9 RELATED PARTY TRANSACTIONS
§A.3.1.9.1 For purposes of this Section A.3.1.9,the term"related party"shall mean a parent, subsidiary,affiliate or
other entity having common ownership or management with the Contractor; any entity in which any stockholder in,
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or management employee of,the Contractor owns any interest in excess of ten percent in the aggregate;or any
person or entity which has the right to control the business or affairs of the Contractor. The term"related party"
includes any member of the immediate family of any person identified above.
§A.3.1.9.2 If any of the costs to be reimbursed arise from a transaction between the Contractor and a related party,
the Contractor shall notify the Owner of the specific nature of the contemplated transaction,including the identity of
the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost
incurred. If the Owner,after such notification,authorizes the proposed transaction,then the cost incurred shall be
included as a cost to be reimbursed,and the Contractor shall procure the Work,equipment,goods or service from
the related party,as a Subcontractor,according to the terms of Section A.3.4.If the Owner fails to authorize the
transaction,the Contractor shall procure the Work,equipment,goods or service from some person or entity other
than a related party according to the terms of Section A.3.4.
§A.3.1.9.3 Self-Performed Work:The Contractor will be allowed to bid on self-performed Work on the Project under
the following conditions:
1. The Contractor may provide a bid on any portion of the Work(the"Self Performed Work")that the
Contractor requests to perform,subject to the terms and conditions set forth in this Section A.3.1.9.3.
Contractor must disclose to the Owner the subcontractor bid tabulation results for all subcontracted Work,
including Self Performed Work.Contractor shall prequalify all subcontractors for all subcontracted work
including the Self Performed Work,and must disclose the prequalification results to the Owner.The
prequalification process for subcontractors involves the Contractor's evaluation and determination that the
subcontractors have the experience,financial strength,safety record and staffing sufficient to perform the
work within the scheduled time. The prequalification process for Self Performed Work involves the
Owner's evaluation and determination that the Contractor has the appropriate experience,qualifications and
competence for the Bid Package. Contractor shall list in the bid tabulation results any firm it proposes to
use as a sub-subcontractor. Contractor may not utilize any firm as a sub-subcontractor if such firm could
have successfully prequalified to bid the Self Performed Work.
If the Owner approves the award of Self Performed Work to the Contractor,then such Work shall be
performed for the Contractor's bid amount on the basis of a Stipulated Lump Sum,and shall not be subject
to further audit or adjustment. Owner agrees that Contractor's own forces, for Self Performed Work which
complies with this Section A.3.1.9.3, shall be deemed to include Contractor's own employees,material
suppliers and sub-subcontractors involved in the Self Performed Work.
2. At least 30 days prior to soliciting bids from the subcontracting community,the Contractor shall submit its
proposed Bid Packages to the Owner for review and approval including a detailed,line item list of the
scope of work proposed by the Contractor to be included in each Bid Package,accompanied by a list of
subcontractors from whom the Contractor intends to request bids. If Contractor intends to request approval
from the Owner to submit a bid for Self Performed Work,then the Contractor must be listed on the
proposed list of bidders. The Owner will review the Bid Packages and Bid Lists proposed by the
Contractor within 14 days and notify the Contractor of any revisions required to be made to the Bid
Packages or any proposed bidders to whom the Owner has an objection. The Contractor shall revise the
Bid Packages and Bid Lists accordingly.
3. The Contractor must obtain the Owner's written consent in advance of submitting a bid to self-perform any
Work on the Project. The Owner may request information and references from the Contractor to determine
Contractor's experience,qualifications and competence to perform the scope of work. Bid tab review and
award for trade packages involving Self Performed Work will be subject to Owner review and approval of
award in conjunction with the Contractor.
4. The Contractor must not move Work included in the General Conditions to subcontractor Bid Packages or
Self Performed Work.
5. If approved in advance to submit a competitive bid,the Contractor must obtain a minimum of three other
competitive bids for the same scope of work. If there are less than four competitive bids received on the
scope of work(Contractor plus 3 others),then the Owner will not approve the Contractor's self-performed
bid and the Contractor must proceed to perform the Work under the Contract in accordance with
A.3.1.9.3.7 below.
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6. Contractor shall submit its competitive sealed bid to the Owner at least 24 hours in advance of the
published bid opening date.
7. For all work performed by the Contractor on a non-competitive basis,defined as less than four competitive
bids received on the scope of work,then the Contractor will be compensated on the basis of the Cost of the
Work plus a 3%fee in its role as the General Contractor using the same overhead,general conditions and
supervisory and administrative staff identified in the General Conditions for the Project as a whole,unless
agreed mutually by the Owner and Contractor.
8. For Self performed Work,when items 1 through 7 above have been satisfied,the Contractor may utilize
any fee deemed appropriate to form part of Contractor's competitively submitted bid for such Self
Performed Work(the"Self-Perform Fee"). The Self Performed Work Fee is separate and distinct from the
Contractor's Fee defined in Subparagraph A1.1.1.2. Contractor shall furnish the Owner with sufficient
information regarding the scope and all inclusions/exclusions in the bid so Owner can confirm the scope is
consistent with the Bid Packages approved in item 2 above,and to the other submitted bids.
9. Contractor's fee will be no more than 3%of the Cost of the Work,including but not limited to Self
Performed Work,work performed by the Contractor's own forces,employees or personnel,materials
purchased or equipment rented in the role as General Contractor,General Conditions,and all Work
performed by Subcontractors.
§A.3.2 COSTS NOT INCLUDED IN THE COST OF THE WORK
§A.3.2.1 The Cost of the Work shall not include the items listed below:
.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal
office or offices other than the site office,of officers of the company,Project Executives,
Construction Executives,Senior Project Executives or above,except as specifically provided in
Section A.3.1.3. or as may otherwise be provided;
.2 Expenses of the Contractor's principal office and offices other than the site office;
.3 Entertainment,business development meals,meals delivered to the job site,or similar expenses;
.3 Overhead and general expenses,except as may be expressly included in Section A.3.1;
.4 The Contractor's capital expenses,including interest on the Contractor's capital employed for the
Work;
.5 Except as provided in Section A.3.1.8.3 of this Agreement,costs to correct defective,non-conforming
work,or work damaged due to the negligence or failure of the Contractor for self-performed work
awarded on a competitive basis, Subcontractors and suppliers or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable to fulfill a specific
responsibility of the Contract;
.6 Any cost not specifically and expressly described in Section A.3.1;
.7 Costs,other than costs included in Change Orders approved by the Owner,that would cause the
Guaranteed Maximum Price to be exceeded;
.8 Bonuses,profit sharing,incentive compensation and any other discretionary payments paid to anyone
hired by the Contractor or paid to any Subcontractor or vendor,without the Owner's prior approval;
and
.9 Travel expenses of any kind,including aviation related expenses,of officers of the company,Project
Executives,Construction Executives, Senior Project Executives or above.
§A.3.3 DISCOUNTS,REBATES AND REFUNDS
§A.3.3.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if(1)before
making the payment,the Contractor included them in an Application for Payment and received payment from the
Owner,or(2)the Owner has deposited funds with the Contractor with which to make payments;otherwise,cash
discounts shall accrue to the Contractor.Trade discounts,rebates,refunds and amounts received from sales of
surplus materials and equipment shall accrue to the Owner,and the Contractor shall make provisions so that they
can be obtained.
§A.3.3.2 Amounts that accrue to the Owner in accordance with the provisions of Section A.3.3.1 shall be credited to
the Owner as a deduction from the Cost of the Work.
Page 8 of 10
§A.3.4 SUBCONTRACTS AND OTHER AGREEMENTS
§A.3.4.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own
forces,defined as the Contractor's own personnel or employees, shall be performed under subcontracts or purchase
agreements with the Contractor.There will be no distinction made for different subcontract or supplier tiers other
than for Self Performed Work defined in Section A.3.1.9.3.The Owner may designate specific persons from whom,
or entities from which,the Contractor shall obtain bids.The Contractor shall obtain bids from Subcontractors and
from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the other
Project Participants.The Project Participants shall then determine which bids will be accepted.The Contractor shall
not be required to contract with anyone to whom the Contractor has reasonable objection.
§A.3.4.2 When a specific bidder(1)is recommended to the Owner by the Contractor;(2)is qualified to perform that
portion of the Work;and(3)has submitted a bid that conforms to the requirements of the GMP Documents without
reservations or exceptions,but the Owner requires that another bid be accepted,after the GMP has been established,
then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the
difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of
the subcontract or other agreement actually signed with the person or entity designated by the Owner.
§A.3.4.3 Subcontracts,purchase orders or other agreements shall conform to the applicable payment provisions of
this Agreement,and shall not be awarded on the basis of cost plus a fee without a guaranteed maximum price or
lump sum price.If a Subcontract or purchase order is awarded on the basis of the cost-plus a fee with a guaranteed
maximum price,the Contractor shall provide in the Subcontract or purchase order for the Owner to receive the same
audit rights with regard to the Subcontractor or supplier as the Owner receives with regard to the Contractor in
Section A.3.5,below.
§A.3.5 ACCOUNTING RECORDS
The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such
controls as may be necessary for proper financial management under this Contract and to substantiate all costs
incurred.The accounting and control systems shall be satisfactory to the Owner. The Owner and the Owner's
auditors shall,during regular business hours and on at least a monthly basis,upon reasonable notice,be afforded
access to,and shall be permitted to audit and copy,the Contractor's records and accounts, including complete
documentation supporting accounting entries,books,correspondence,instructions,drawings,receipts,subcontracts,
Subcontractor's proposals,purchase orders, vouchers,memoranda and other data relating to this Contract.The
Contractor shall preserve these records for a period of three years after final payment,or for such longer period as
may be required by law.
ARTICLE 4 MISCELLANOUS PROVISIONS
§A.4.1 The Owner's program for the Project described in Section 1.2.1 of the AIA A295-2008 has been revised,as
follows: Burlingame Ranch Phase II will be constructed in multiple Phases over a period of several years.
Construction of Civil Infrastructure began in 2012 and will be completed in 2013. Construction commencement of
Buildings 1,2,3 and 4 is anticipated in 2013. Construction commencement of Building 5,6 and 7 is anticipated in
2014,subject to Aspen City Council approval. Award by the Owner to the Contractor of any particular Phase will
not be construed to be a guarantee of award of subsequent Phases. Owner reserves the right to terminate the
Agreement for the Owner's convenience,as well as the right to competitively bid subsequent Phases. The
Preconstruction Services and Implementation Documents Phase Services as defined in the Agreement have been
fully completed.The terms for performance for any additional preconstruction services in the future shall be
mutually agreed upon between Owner and Contractor.
§A.4.2 Sections 7.1.5.1 and 7.2.4.1.1 in the A195-2008 Agreement are deleted and replaced with the following
provision:
§7.2.4.1.1 Notwithstanding the above,in the event the City Council for the City of Aspen does not approve the
Guaranteed Maximum Price for Phase II,Vertical Construction,or any subsequent Phase of the Work,this
Agreement will be terminated for the Owner's convenience and no subsequent Suspension or Termination Expenses
or fees will be due or will accrue from the Owner to the Contractor after such termination. Approval of the
Guaranteed Maximum Price for Phase II,or any subsequent Phase,by City Council creates no obligation on the part
of the Owner to approve subsequent Amendments to the Agreement for subsequent Phases of the Work.
Page 9 of 10
§A.4.3 Interest on amounts ultimately determined to be due to a contractor or the City shall be payable at the
statutory rate applicable to judgments from the date the claim arose through the date of decision or judgment,
whichever is later.Aspen Municipal Code Sec.4.16.070.Interest.
§AAA Sections 11.1.10 and 11.3.1.3 of the AIA A295-2008 are deleted and replaced with the following.
§11.1.10 Deductible: The Contractor shall pay any amounts not covered because of a deductible under the OCIP
general liability policy up to$10,000 per claim.
§113.1.3 If the property insurance requires deductibles,the Contractor shall pay costs not covered because of such
deductibles up to$10,000 per claim.
§A.4.5 Section 9.22.2.8.7 of the AIA A295-2008,the Schedule of Liquidated Damages applies to each date of
Substantial Completion in Section A.2.1 for each building,separately,but shall not exceed$2,000 per day.
§A.4.6 Section 10.1.2 of the AIA A295-2008 is amended to add the following sentence to the end of the Section:
"In order for the Owner to occupy and utilize the Work for its intended purpose,consisting of the sale of
condominium units to private individuals,the building must have official approval for occupancy from each
Authority having jurisdiction,and the interior punch lists on the individual units must be completed to an extent to
allow a condominium owner to move-in and occupy any unit in a particular building."
§A.4.7 Section 9.23.3.4 of the AIA A295-2008 is amended to add the following sentence to the end of the Section:
"The Contractor shall submit the updated Construction Schedule each month in electronic.pdf format,and shall
also submit the corresponding base or raw schedule file in Primavera P6 format"
§A.4.8 Section 9.23.3.4 of the AIA A295-2008 is replaced with the following Section:
"Retainage of five percent(5%)will be withheld from the completed Construction Phase of the Work.This
retainage will accumulate throughout 100%of the Construction Phase(s).
§A.4.9 Section 11.4 of the AIA A295-2008 is revised as follows:
Section 11.4,Performance and Payment Bonds, is revised to remove the language requiring a Performance and
Payment Bond on the amount of preconstruction services.
§A.4.10 Section 9.21.3.5 of the AIA A295-2008,add the following sentence to the end:
The Contractor shall submit a Change Order Request to the Architect and the Owner which includes the proposed
adjustment in the Contract Sum and Contract Time as a result of the Construction Change Directive within 21 days
of receipt of the Construction Change Directive.
This Agreement entered into as of January 2013.
CITY OF ASPEN HASELDE CO CTIO PLC
By:
OWNER(Signature) TOR gnature)
Michael C.Ireland,Mayor Byron Haselden,President
/am
Page 10 of 10
Exhibit 1B
100% Implementation Documents
Guaranteed Maximum Price
48 Unit — Revision 8
January 3. 2013
tot
BURLINGAME<
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RANCH
Page 1
�������� |��N�
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CONSTRUCTION
January J, 20|3
Chris Everson
Affordable Housing Project Manager
City ofAspen
|30 South Galena Street
Aspen. C{} 8\G| |
Rc�ur�in�� B�udin�umoc Ranch Phase ||-4QUnit
Guaranteed Maximum Price—revision 5
Dear Chris,
We are p|uasod to submit for your review our Revised Guaranteed Maximum Price, for the vertical
construction o[8udiuoumneRanch Phase lL1n provide all necessary |abur, materials. and equipment
to construct the project. This proposal also includes all of the cost trends the team has been working
on the several months. Our Proposal is as b`}|*`vs:
Site(remaining n/wrk)— ......
[arpod»— .... ----- .........----------- ........ -------------- ...$809`0U|
8uiidingo--------------------....... -----------------S10`489,j78
Trend Log Summary........ -------------....... ----------..-----.(S'8|9`|5O)
General Cmndhiono---- .....
----------------------------- �|_3078�]
Construction Contingency—..... S3 0 8 3 1
Bidding and Award &Uowance ------------ ...... |0,O00
Insurance, fecs 0ond-------------------- ....... ------ ....... ---S734.I|5
1[O1[A8. ESTIMATED CONSTRUCTION COSI. ..................................................S16,779 7
/�mcuxuchcJsummu��hcuhx*ddibkmo| inhvmukv )
()ur [;MP is based on 14j month duration with construction starting April \. IO|]' see attached
mUesiooeschcdo\c�
lhia(3K-1P is based ou Hascideu Construction being, issued u notice ou proceed bYFebruary }, 20 1 S, i[
the NTP is not issued by this date wcv/i|| need to reevaluate the Gh1P for -cost ondschcdu|e impacts,
DESIGN DOCUMENTS
Our Proposal is based on Jocunncni^ prepared b\ Oz Architecture as [o||oss:
Page
lanuar x. 1-01
Pac-- '~of 2
• BurlinLannc Ranch Phase; 11 ._lt W-0 Implementation Documents Project -Manual. dated ugu:�t
)I, 20i-)
• BurlinLa e Ranch Phase II - 100% Implementation Documents For Construction Drawings,
dated August 3 1. 20 1
• Burlinayame Ranch Phase 11 --- Pry:-Bid Addendum #101.. dated September 20. '012
We believe that this proposal properly reflects the entire cast and scope of the project. If you have
any questions regarding the data submitted or should require additional information, please do not
hesitate to contact us.
Sincerely,
F-IASELDEN CONSTRUCTION. L,L,C
Christian Ekstrom
Preconstruction `vianatLer
cc: IPD Team —COA. RLB. OZ
Page 3
HASELDEN BURLINGAME RANCH AFFORDABLE HOUSING PHASE 11
48 Unit Vertical Construction
January 3,2013
Precc,i Team- Cnfi5fvar Ekstrom Revision 6
48 UNIT GMP
COST
DESCRIPTION TOTALS
BUILDING NUMBER I 52,776.637
BUILDING NUMBER 2 $3.132.145
BUILDING NUMBER 3 $1,784,329
BUILDING NUMBER 4 $2,796,467
COVERED PARKING STRUCTURES $809,001
COVERED WALKWAYS AT BUILDING CONNECTORS w/Building Est
SITE DEVELOPMENT 51464,280
MEDIUM VOLTAGE LINE-ALLOWANCE $175.000
6 R.O.HOMES Excluded
DIRECT COST TOTAL $14,937,859
COST TRENDS:
Cost trends carried forward from sheet 2 ($819,150)
TOTAL COST TRENDS ($819,150)
GENERAL CONDITIONS S 1,384,260
GENERAL CONDITIONS-Al SCOPE OVERLAP CREDIT S (76,427)
DIRECT COST W/GC SUBTOTAL Is 15,426,642
INDIRECT COSTS:
DESIGN&PROFESSIONAL SERVICES BY OWNER
MATERIALS&SOILS TESTING BY OWNER
TRAFFIC STUDY BY OWNER
PERMITS&FEES BY OWNER
LEED DOCUMENTATION NOT INCLUDED
DEVELOPMENT FEES BY OWNER
SALES TAXES AS APPLICABLE
INDIRECT COST TOTAL is
DIRECT&INDIRECT COST TOTAL Is 15,426,6421
CONSTRUCTION FEES:
CMIGC PRE-CONSTRUCTION FEE IN OWNER BUDGET
CM/GC CONSTRUCTION FEE S 15,426,542 3,00% S 462,736
CONSTRUCTION FEES COST TOTAL I $ 462,7961
CONTINGENCIES&ALLOWANCES:
CONSTRUCTION CONTINGENCY S 15,426 542 200% S 308,531
PERMIT REVIEW COMMENT CONTINGENCY BY OWNER
BIDDING AND AWARD ALLOWANCE $ 310,000
CONTINGENCY COST TOTAL $ 61$,631
COST OF CONSTRUCTION SUBTOTAL
INSURANCE&BOND COSTS:
QUALITY CONTROL-3RD PART Y ILA JOLLA PACIFICj S 53,865
GENERAL LIABILITY INSURANCE OR PROJECT INS• RAN""'E. OCIP BY OWNER
DIFFERENCE IN COVERAGE INSURANCE 0,448% S 74,270
BUILDER'S RISK OCIP BY OWNER
PERFORMANCE&PAYMENT BO,ND 0,861"Y"i S 143,283
INSURANCE&BOND COST TOTAL $ 2711,4118
148 UNIT GMP TOTAL COST $ 16,779,287
Note-All"re3I(OUt Vak!e'S afe 3pPrOXiMate if sc-ee is femoved re-verification of the costs,will be required
Page 4
Exhibit 2B
Burlingame Ranch Phase 11—48 Unit GMP r
Clarifications/Assumptions &
January 3,2013 RS HASELDEN
CONSTRUCTION
General items
inclusions
1) The Guaranteed Maximum Price is based on 100%implementation Documents For
Construction issued by Oz Architecture dated August 31,2012 and Addendum 1 dated
September 20,2012,
2) This GMP proposal expires on February 1,2013.
3) GMP is based on construction of buildings 1-4 with associated site work/carports only.
Buildings 5 thru 7 will be priced at a later date,the price included within the alternates
section is for budget purposes only.
4) The GMP is based on receiving a written notice to proceed/letter of authorization by
February 1,2013.
S) The GMP is based on a construction start of April 1,2013.
6) On the award recommendation if the selected subcontractor column states"scope
completion subcontractor"this means that the work can be awarded to another
subcontractor to complete this scope or Haselden will complete this scope on a time and
material basis at our fixed wage rates.
7) Per the Addendum,2 units are included as Type A(ADA)at building 2. The breakout is as
follows:(1)1 BR Type A Unit, (1)2 BR Type A Unit.
Exclusions
1) Importing of fill,assumed that a mining process will be established onsite to use the existing
soils.
2) Building permits,grading permits,construction mitigation permits and plan check fees are
by Owner.
3) We have not included any costs for permit review comments that may affect the GMP.This
will be issued as a Construction Change Directive to the Contract.
4) Fees associated with permit transfers are by Owner.
S) Utility tap fees are by owner
6) Temporary construction power consumption cost is by the Owner.
7) Service expansion fees are by owner
8) All City of Aspen taxes on material permanently installed into the project are excluded.
9) Telecom Communications,Electrical,Cable,Gas service fees are by Owner.
10) Road cut/closure permits and fees are by Owner
11) Platting and recording fees are by Owner
12) Registered survey is by Owner
13) Architectural and consultant fee are by Owner
14) Cost of testing and inspections services are by Owner
15) Offsite improvements not indicated on the plans are not included
16) Geotechnical and material testing are by Owner.
17) We have not included any costs for on-site security services during off-hours.
18) Procurement of all easements is the responsibility of the owner.
19) We have not included any costs to maintain the site after substantial completion.
20) We have not included any costs to maintain the site over the 2012/2013 winter season.
21) We have not included any costs for LEED documentation.
22) Costs associated for the relocation of the overhead power lines.
Pagel
Burlingame Ranch Phase it—48 Unit GMP
Clarifications/Assumptions
January 3,2013 R5 NA$ELDEN
CONSTRUCTION
02B Earthwork
Inclusions
1) We have included an allowance for the Earthwork scope of work.Once the At work is
completed,the existing conditions are surveyed and coordinated with the construction
documents,and the OAC team has discussed and come to agreement on the scope of work
and pricing,the allowance will be reconciled.
• The earthwork allowance is based on the provided drawings and AutoCAD files, not
actual site conditions.
• The earthwork allowance assumes that no excess structural fill will be available from
the At package.This assumption is based on information provided by Gould
Construction.Due to this information,buildings 1-7 require a substantial import.
2) We have included costs to process all fill on-site.
3) We have included costs to crush rock on-site for fills below building slabs that require over-
excavation and will do so in order to meet the noise requirements as set by the City of
Aspen.
4) We have included all boulder retaining walls as utilizing on-site rock. No additional costs
have been included to import and place new rock. We believe that we should have a
sufficient amount of boulders on-site for this scope but if for some reason there is a
shortage of quantity we will borrow from the existing stockpiled boulders left from Phase I.
5) We have included trenching,backfilling,and conduit only for Aspen Electric service. Wiring
by others.
6) We have included trenching and backfilling of the gas service. installation of line is by
others.
7) We have included trenching,backfilling,and conduit for the joint phone/cable line. Wiring
by others.
Exclusions
1) We have not included any temporary shoring.
2) We have not included any costs for re-spreading topsoil at the 12" depth as specified in the
Western Ecological Report,we have included re-spreading at a 6"depth.
02G Site Concrete
Exclusions
1) We have not included any colored or stamped concrete.
02J Site Furnishing
Inclusions
1) We included an allowance for two transit benches.A question was asked,but the answer
did not provide us with specific enough information to procure.
2) We have included 4 mailboxes with 16 cluster boxes by Salsbury Industries.This should
provide enough mailbox units for 64 tenants.While there are not additional mailboxes
shown for buildings 6&7,we believe that two more units are required to provide enough
mailboxes for 82 tenants. Because of this,the alternate for buildings 6&7 includes two
additional mailboxes to ensure all 82 units have mailbox space.
Page 2
Burlingame Ranch Phase II—48 Unit GMP
Clarifications/Assumptions
January 3,2013 R5 NASELDEN
CONSTRUCTION
Exclusions
1) We have not included installation of bike racks per the plan note for snow removal
purposes.
2) Precast window wells.
02L Landscaping/irrigation
Inclusions
1) It is our understanding that the completion or additional scope in the"Park Areas"will be
paid for from a different fund. Temp seeding of these areas has been included for erosion
control purposes.
2) We have included grading only for the community gardens. It is our understanding that the
gardens will be by others.
Exclusions
1) We have not included any costs for importing topsoil. We have assumed all topsoil on-site
will be screened and properly amended for use.
03B Gypsum Concrete
Inclusions
1) We have included gypsum concrete at 1.5"thick.The 0.75-1.("thickness listed in the
specifications does not meet the minimum required by the manufacturers.
Exclusions
1) We have not included any costs gypsum crack filler,acoustical sealant or 6mil plastic
sheeting vapor barrier.These products are not part of this system,but listed in the
specification.
05B Miscellaneous Metals
Inclusions
1) Detail 2/A6.11 calls for the mesh to be"powder coated". No color is specified. We have
included black powder coating on all mesh.
Exclusions
1) Proposal excludes"U"Shape Perimeter steel frame between posts at Mesh as described in
the description of mesh in detail 2/A6.11. The detail shows the mesh being sandwiched
between 2x4 cedar pieces,not a"U"channel,so that is how we have included it.
2) Bollards are not included based on response#23 in Addendum#1.
3) Proposal excludes Building S,as there are no handrails or balcony assemblies at this
building.
06A Rough Carpentry
Exclusions
1) We have not included FSC certified dimensional lumber.
Page 3
Burlingame Ranch Phase If—48 Unit GMP
Clarifications/Assumptions J
January 3,2013 RS NASELDEN
CONSTRUCTION
06B Architectural Woodwork
Inclusions
1) Casework is by custom manufacturer equal to all specification requirements.
Exclusions
1) Specification section 06200-7 calls for exterior benches. The exterior site benches are
included with the site furnishings package. No benches are included using plastic lumber.
07E Roofing&Sheet Metal
Inclusions
1) We have included an allowance for snow fencing and snow clips.
2) We have included corrugated metal roofing.The specifications call for standing seam metal,
but the plans and details show corrugated metal.
Exclusions
1) We have not included any gutters or downspouts.
2) We have not included any heat tape or Bylin as none are shown.
3) We have not included any standing seam roofing.
4) Asphalt roofing at meter banks.This is shown in select details/notes,but Addendum#1 said
that these areas were fenced.
071 Joint Sealants
Exclusions
1) We have not included joint sealants per detail G/C5.01.
08B Door/Frame/Hardware Supply
Inclusions
1) The interior Masonite pre-hung doors as specified will not meet the urea-formaldehyde free
requirements.
Exclusions
1) We have not included any glass sliding doors.
2) We have not included any screen doors at unit entries that have fiberglass insulated doors.
08i Shower Enclosures&Mirrors
Inclusions
1) Specification section 10186,for Glass Shower Doors,doesn't list any specific products.
Therefore,we have included an allowance of$800 per door.
096 Gypsum Board Systems
Inclusions
1) We have included the following gypsum board assemblies:
- 0 1 layer of standard gypsum board at each side of interior partitions and at the interior
side of exterior walls.
o 1 layer of gypsum board at demising walls(2nd layer of sheathing with 06A).
o We have included 2 layers of gypsum board on RC channel at all lower level ceilings.
o We have included 1 layer of drywall on all top level ceilings with no RC channel.
Page 4
Burlingame Ranch Phase II—48 Unit GMP
Clarifications/Assumptions
January 3,2013 R5 NASELDEN
CONSTRUCTION
o Gypsum board, metal studs and metal roof framing at carport trash rooms per the
drawings.
09G Flooring Systems
Inclusions
1) A.375"thick,Class 1 carpet pad is included at all carpet locations.
2) We have included an Anti-Fracture membrane at all on-grade floor tile locations and a fluid
applied membrane at above grade floor the locations.
3) Specification section 09300 calls for the wall the to be installed per TCA Method W244. This
requires a water resistive barrier to be installed underneath the tile. Therefore,we have
included a Laticrete Hydro Barrier membrane that will be installed directly beneath the tile.
Exclusions
1) Tile base,as indicated in specification section 09300 is excluded. All base is indicated to be
M DF.
2) Proposal excludes all moisture mitigation at the slabs prior to flooring placement,as none is
indicated in the specifications.
3) Proposal excludes Chloroloy Waterproof Shower Liner. This is not needed based on the
response in Addendum#1 which stated that all shower pans are preformed units.
091 Painting Systems
Exclusions
1) We have not included any paint at misc metal that receives powder coating,including site
railings.
JOB Toilet Compartments&Accessories
Inclusions
1) Larsen's 2.5LB Multi-Purpose Fire Extinguisher on Bracket is included at each unit,to be
installed under the sink.
Exclusions
1) We have not included any shower curtains.
2) We have not included any architectural louvers—specification section 10202,none shown.
3) All fire extinguisher cabinets&10 lb extinguishers that fit inside them are excluded based on
response to Question#18 in Addendum#1.
10F Identifying Devices
Inclusions
1) We have included 2 (ea)identification signs per building.
2) We have included 1 (ea)identification sign per unit.
3) We have included 1 (ea)sign at each water entry room.
4) We have included 1 (ea)sign at each carport storage room.
5) We have included 2 (ea)signs per covered stair.
Page 5
Burlingame Ranch Phase 11—48 Unit GMP
Clarifications/Assumptions
January 3,2013 R5 HASELDEN
CONSTRUCTION
11E Appliances
Inclusions
1) We have included ADA accessible appliances at two(2)ADA units in Building 2 as indicated
in Addendum 1.
2) Sheet A7.01 lists that the Microwave Range Hood is at ADA units. It also lists the Under
Cabinet Hood and Countertop Microwave at ADA Units. We have included Microwave
Range Hoods at Non-ADA units only.
3) Many of the appliance models listed on sheet A7.01 are no longer available,therefore,
comparable products have been included.
Exclusions
1) We have not included the following appliances:
o Recycling Center
12B Window Treatments
Exclusions
1) We have not included any window treatments.
15A Mechanical Systems
Exclusions
1) Gas service by others,our cost includes taking the gas from the meter into the building
2) Sump pumps 4/P002, none shown on the documents.
3) Elkay fixtures,line is not available.
15B Fire Protection
Exclusions
1) The following items are not included within the budget
o Standpipe systems
o Fire pumps and controls,we are assuming that the current water pressures are
sufficient.
o Fire protection at closets less than 24 sf
o Fire protection at bathrooms less than 55 sf
o Exterior decks,carports, attics, interstitial spaces or exterior stairways.
o Anit-freeze or dry pipe system,assumed dry heads only off of the wet.This may cause
some additional soffits.
o Nicet level stamp on plans,engineering stamp excluded.
16A Electrical
Inclusions
1) Romex has been included for all wiring within the buildings
2) Medium voltage is included as an Allowance until a bid can be secured.
Exclusions
1) lightning protection and surge protectors are not included.
2) Incoming television and telephone service cable from pedestals to units are by Others.
3) Television and telephone pedestals are by Others.
4) Radio amplification is not included.
Page 6
Burlingame Ranch Phase II—48 Unit OMP
Clarifications/Assumptions
January 3,2013 Rs HASELDEN
-- - - - CONSTRUCTION
S) Cell amplification is not included.
6) Electrical meters by Others.
7) Pre-wiring for security is not included.
8) Temporary construction power consumption cost is by the Owner.
Page 7
Exhibit 3B
40 �������� Equipment Rates
# A CONSTRUCTION January Ranch Phase ti
January 3,2013
Detail upon request from City Attorney
Page 1