HomeMy WebLinkAboutresolution.council.045-13 Resolution #45
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND ASCENT BUILDING CONSULTING 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
housing enclosure construction observation services in the amount of$74,925
between the City of Aspen and Ascent Building Consulting, 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 housing enclosure construction observation services in the amount of$74,925
between the City of Aspen and Ascent Building Consulting, 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 22nd day of April, 2013.
Mich el C. Ireland, yor
41p
I Kathryn Z
ry 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 April 22, 2013.
thryn S. Koch, City Clerk
THE CITY OF ASPEN
MEMORANDUM
TO: Mayor and City Council
FROM: Chris Everson, Affordable Housing Project Manager and
Steve Bossart, Capital Asset Project Manager
THRU: Scott Miller, Capital Asset Director
DATE OF MEMO: April 15, 2013
MEETING DATE: April 22, 2013
RE: 2013 Burlingame Phase 11A(i)Construction Quality Assurance
REQUEST OF COUNCIL: Staff requests approval of contract with Ascent Building
Consulting in the amount of$74,925.
BACKGROUND: At a budget work session on November 13, 2012, Council approved funding
for the construction of buildings #1 through #4 (48 affordable housing units) at Burlingame
Phase I1. On January 14, 2013, Council approved a contract amendment with Haselden
Construction for the physical construction of same.
DISCUSSION: The contract with Ascent Building Consulting is for housing enclosure
construction observation and construction deficiency reporting for the purpose of construction
quality assurance for buildings 1 through 4 of Burlingame Phase II (48 housing units). The
Burlingame Phase 11 project management team will utilize reports from Ascent Building
Consulting to direct the general contractor, Haselden Construction, to remediate any construction
deficiencies found during the construction process. This is intended to catch any potential
problems while the buildings are still being constructed, rather than having to go back and
remediate problems after the construction effort is complete. Ascent Building Consulting was
selected by the Burlingame Phase II project management team among a field of six providers
who bid via a competitive RFP process.
FINANCIAL/BUDGET IMPACTS: The project team has budgeted $60,000 for this work. The
Ascent Building Consulting contract sum consists of$62,725 in fees plus an estimated $12,200
in reimbursable expenses. Staff feels that the reimbursable expenses can be mitigated, and we
will make every effort to try to make sure that less than $10,000 of contingency budget is used
for this contract. The current contingency budget is over $1MM, and staff wishes to try to save
the contingency budget to the fullest extent possible,but this contract is a prudent expense.
RECOMMENDED ACTION: Staff recommends approval of contract with Ascent Building
Consulting in the amount of$74,925.
CITY MANAGER COMMENTS:
ATTACHMENTS:
"Exhibit A": Professional Services Agreement, Ascent Building Consulting
Page 1 of 1
EXHIBIT A: Professional Services Agreement, Ascent Building Consulting
CITY OF ASPEN STANDARD FORM OF AGREEMENT % 2009 The City ofQsoen
PROFESSIONAL SERVICES
City of Aspen Project No.: 2013-040 .
AGREEMENT made as of 22nd da% of April in the\ear 2013
BETWEEN the Cih:
Contract.amount:
SCott Miller
Total: s 711,9 2 5.60
$62,725 fee plus $12,200 expenses
If this Agreement requires the City to pay
And the Professional: an amcunt of money in excess of
$25.000.00 it shall not be deemed valid
5C?nr1 F'-u�lc ,NA until it has been approved by the City
Council of the City of Aspen.
coil JUNCjp•�,N��. City Council Approval
For the Follov.ing Project:
2013—._0 e,A}
J
Exhibits appended and made a part of this Agreement:
V, Page 5 of attached Ascent proposal dated March 18, 2013
13: ?!,�,,ri� 1 �, 1,: - Page 6 of attached Ascent proposal dated March 18, 2 13
\Lreement Pmlcssiomal Seri ices
Nee tl
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than per RFP schedule. Upon request of the City, Professional shall submit, for the City's
approval, a schedule for the performance of Professional's services which shall be adjusted as
required as the project proceeds, and which shall include allowances for periods of time required by
the City's project engineer for review and approval of submissions and for approvals of authorities
having jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause,be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assignability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees,each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
Agreement Professional Services Page 1
this Agreement by the Professional, and the City may withhold any payments to the Professional
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
7. Independent Contractor Status It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, if such injury,
loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,
the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance.
(a) Professional 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 Professional pursuant to Section 8 above. Such insurance shall be in
addition to any other insurance requirements imposed by this contract or by law. The
Agreement Professional Services Page 2
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained to cover all liability, claims, demands,
and other obligations assumed by the Professional pursuant to Section 8 above. In the case
of any claims-made policy, the necessary retroactive dates and extended reporting periods
shall be procured to maintain such continuous coverage.
(i) Workers' 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
Workers'Compensation requirements of this paragraph.
(ii) 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
contain a severability of interests provision.
a limits for-be4il�-4ftjuiFy and pr-apefty damage of fiet less than 03N
Waived for
this ,
contract �d vehieles assigned to of: used in performanee of the Seepe of Aler-k. The
—6.1 � T inter-ests pro n. if the Fir-efessienal has fie
r o sen,iees to the City
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000)aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
Agreement Professional Services Page 3
primary insurance, and any insurance carried by the City, its officers or employees, or
carried by or provided through any insurance pool of the City, shall be excess and not
contributory insurance to that provided by Professional. No additional insured endorsement
to the policy required above shall contain any exclusion for bodily injury or property
damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City 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 coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty(30)days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against monies due to Professional from City.
(0 City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations (presently
$150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et
seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its
employees.
10. City's Insurance. The parties hereto understand that the City is a member of the Colorado
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
H. Completeness of Agreement. It is expressly agreed that this agreement contains the entire
undertaking of the parties relevant to the subject matter thereof and there are no verbal or written
representations, agreements, warranties or promises pertaining to the project matter thereof not
expressly incorporated in this writing.
Agreement Professional Services Page 4
12. Notice. Any written notices as called for herein may be hand delivered or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
Professional agrees to meet all of the requirements of City's municipal code, Section 13-98,
pertaining to non-discrimination in employment.
14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not
operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or
condition of this Agreement can be waived except by the written consent of the City, and
forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any
term, covenant, or condition to be performed by Professional to which the same may apply and,
until complete performance by Professional of said term, covenant or condition, the City shall be
entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto
and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding
anything to the contrary contained herein, this Agreement shall not be binding upon the City unless
duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence)
following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a
duly authorized official in his absence)to execute.the same.
16. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
(a) purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
Agreement Professional Services Page 5
"Public Contract for Services"means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
Agreement Professional Services
Page 6
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Against Contingent Fees Gratuities Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any 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 advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
Agreement Professional Services Page 7
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
to this understanding except those as contained herein at the time of the execution hereof
and that after execution no alteration, change or modification shall be made except upon a
writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time
to time in effect.
Agreement Professional Services
Page 8
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed b� their duh
authorized officials, this Agreement in three copies each of which shall be deemed an original on
the date first written above.
CITY OF ASPEN,COLORADO: PROFESSIONAL:
7 � &--
ISIVWMl .._7 [signature)
By: BY: jkr✓P� —&A Au� QQ e Ql�U
[Nanvi [Name[
Title: — Title: ]PreswJe-)+
Date: 5 t Date: 3 2 9 r
Approved as to form: •
ty Attorney's Office
Agreement Professional Services Page 9 •
Burlingame Phase II Buildings 1 through 4 Enclosure Inspection Services
Fee Worksheet
Ascent Building Consulting, Inc.
Fee Each (for 25%
Item Service sample) Multiply by Subtotal
1 Exterior Mockup $ 1,125.00 1 mockup $ 1,125.0
2 Foundation Walls $ 3,750.00 4 buildings $ 15,000.00
3 Exterior Walls $ 3,800.00 4 buildings $ 15,200.00
4 Exterior Balconies $ 1,200.00 4 buildings $ 4,800.00
5 Roofing $ 2,350.00 4 buildings $ 9,400.00
6 Internal Unit Envelope $ 125.00 48 units $ 6,000.00
7 Interior Insulation $ 175.00 48 units $ 8,400.00
8 months(April to
8 OAC meetings $ 350.00 Nov) $ 2 800.00
Reimbursable Expenses
(estimate,to be paid for actual
9 costs only) $ 12,200.0
Grand 0
Total
Hourly rate for principal $ 125.00 $/hour
Ms.Rebecca Hodgson
The City of Aspen
Olp March 18,2013
Page 8 of 8
Section 4 —Example Construction Observation Report
Please find a copy of a sample construction observation report for a current project attached for review.
Thank you for your request for our assistance on this project. We hope we will be able to assist you with this
project. Please contact us if you have any questions or require additional information.
Sincerely,
Ascent Building Consulting,Inc.
Steve R.Bunn,RRC,RRO
President
Attachments:
Burlingame Envelope Inspection Fee Worksheet
Sample Construction Observation Report
Staff Note: The majority of sections 3 and 4 have been
omitted to avoid public dissemination of private contact
information furnished in Ascent Building Consulting 's
proposal related to reference projects and sample project
reports.
Ms.Rebecca Hodgson
P,r The City of Aspen
March 18,2013
Page 6 of 8
observe the installation of the foundation waterproofing systems is a bit higher than installation of
other envelope systems.
➢ The installation of all other envelope systems appears to be scheduled from the week of July 15,
2013 through November 18, 2013. For most weeks, various envelope systems are scheduled to
be installed. With the intent to observe 25% of the envelope system installation, we have still
anticipated spending a portion of two separate days on site each week. As many of the
observations for the different building systems can be performed concurrently, we have
consequently reduced the fee for each item accordingly,which is to the benefit of The City.
4. At the completion of the project, we will issue a final report summarizing the known status of the
Green/Yellow/Red traffic light reports for items noted as deficient during our site visits.
5. We will attend one OAC meeting each month during the construction of the envelope systems(from April
to November). In the development of our fees, we have anticipated that we will be able to attend most of
the OAC meetings at times when we will be in town to perform construction observation services. As it
appears there is a three week period from the weeks of June 24, 2013 through July 8, 2013 where no
envelope system installation is scheduled, we have anticipated we would need to make a separate trip to
Aspen to attend an OAC meeting on this one occasion.
Proposed Fees
We propose to perform our services on a fixed fee basis as specified in the RFP. For the scope of services listed
below, we believe our fee, including reimbursable expenses, will not exceed $74,925. A further breakdown of
our fees and reimbursable expenses is provided below:
1. Exterior Mockup Review:......... ..............�.........g..................g......................................................$1,125
2. 25%Observation of Foundation Wall Wate roofin on Buildin s 1-4............................................$15,000
3. 25%Observation of Exterior Walls on Buildings 1-4........................................................................$15,200
4. 25%Observation of Exterior Balconies on Buildings 1-4...................................................................$4,800
5. 25%Observation of Roofing on Buildings 1-4............................................................ $9,400
6. 25%Observation of Internal Unit Envelope on 48 Units.....................................................................$6,000
7. 25%Observation of Interior Insulation on 48 Units....................................................... ....................$8,400
8. Attendance of 8 OAC Meetings(April—November).....................
............ $2,800
........................................ .
9.
Reimbursable Expenses Throughout Project(Mileage,Lodging, Per Diem)....................................$12,200
GrandTotal....................................................................................................................................................$74,925
"Attachment D—Burlingame Envelope Inspection Fee Worksheet"is included as an attachment to this proposal.
For all other additional services requested by The City, we propose to perform our services on an hourly rate basis
of$125/hour.
4BITBSection 3 —Relevant Reference Projects and References
: s a list of projects and references that included construction observation services. Most of the
services beyond that required by The City for this project; however, we believe this additional
ce will be beneficial to our understanding and performance of the services requested by The City.
Rate
Ms.Rebecca Hodgson
EXHIBIT A: Scope of work The City of Aspen
0- w- :March 18,2013
Page 5 of 8
Purpose and Scope of Enclosure Inspection Services:
We propose the purpose of our enclosure inspection services will be to provide construction observation services
for the building enclosure systems for this project, to visit the site at appropriate intervals (to be coordinated with
the City and Contractor) to develop opinions as to whether the observed conditions of the building enclosure
systems appear to be in general compliance with the"Construction Documents." The"Construction Documents"
will include the "For Construction" set of drawings and specifications, and approved submittals. The
"Construction Documents"will be provided by the City to Ascent in electronic .pdf format.
We propose the following services be performed:
1. We will review the Construction Documents to become familiar with the requirements of the documents
for observations during construction; however, the consultant will not provide any form of plan or code
review of the Construction Documents. All responsibility for proper design of the buildings remains with
the Architect of Record and other members of the design team. We may request additional information,
specifications, and/or detailing from the Architect in order to obtain clarification on the requirements of
the Construction Documents that appear to be unclear or in conflict. For the purposes of this proposal, it
is presumed that the Construction Documents are complete and accurate. If it appears that significant
clarifications and correspondence associated with incomplete or conflicting Construction Documents is
required for Ascent to perform its enclosure inspection services, we will request that these additional
services be paid for on any hourly rate basis.
2. We will perform a site visit to review the completed construction of the envelope systems of the mock-up
for general compliance with the Construction Documents. Upon completion of the mock-up review, we
will issue a brief report noting items that appear to be non-compliant with the Construction Documents.
3. We will perform intermittent construction observations during construction, at a rate of two partial days
per week throughout the duration of the project while installation of envelope systems (as noted
specifically within the RFP issued by The City) is taking place. The overall intent of the rate of site
visitation is intended to observe approximately 25% of each of the envelope systems being installed.
Our construction observation services will include the following:
• For each site visit, we propose to visit the site and observe the work being performed by the
contractor. Our site observations will be of the readily visible portions of the work, and no intrusive
examination or testing of the work is included at this time. At the end of our site visit,we will review
our findings with the project superintendent if available on site. Following each site visit, we will
prepare a report summarizing our findings and will include observations of items that we observed
that did not appear to comply with the general requirements of the Construction Documents. The
report will utilize a Green/Yellow/Red traffic light system for documenting non-compliant items
observed. A copy of this report will be sent to The City, the architect, the contractor, and other
parties as requested by The City. It will be the sole responsibility for the contractor to address and
rectify any deficiencies noted within our site visit reports. Weekly site visit reports will be issued
shortly after the site visits are completed.
• Upon evaluation of the Preliminary Building Schedule included within the RFP, we have developed
the following methodology for site visitation in preparing our proposal and fees.
➢ The installation of the foundation waterproofing systems appears to be scheduled from the week
of April 22, 2013 through the week of June 17, 2013. No other envelope work appears to be
scheduled during this time. As it is intended to observe 25%of the waterproofing installation,we
have anticipated spending a portion of two separate days on site each week; however,there are no
other envelope systems to install during this same timeframe. As a result, the anticipated fee to
Ms.Rebecca Hodgson
P—r The City of Aspen
March 18,2013
Page 4 of 8
He has worked on projects throughout the United States, as well as different parts of the world, including Mexico
and Israel. He is a published author and has worked on many projects in snow-county environments which
involved the design and evaluation of snow retention systems, cold roofs and superinsulated roofs, vapor drive
analysis, and roof ice melt systems. Mr. Bunn has also provided technical consultation and testing services to
manufacturers of roofing materials and systems, has managed a material's testing laboratory, and has directed
field testing including water spray testing,moisture scans, and infrared thermography analyses.
In addition to evaluating designs for new construction and repairs to existing buildings, Mr. Bunn has provided
consulting services to evaluate the performance of building materials and observe the construction of building
envelope materials and systems. Mr. Bunn has served as an expert witness on projects involving building
envelope design and construction-related issues.
Advantages to the City of Aspen for Utilizing Ascent for Envelope Inspection Services
Ascent is uniquely positioned to provide quality envelope inspection services at a cost competitive rate. Ascent
only uses a senior level professional to perform observation services whose level of experience and qualifications
far exceeds that of technicians that are typically used for construction observations. Despite the use of such a
senior professional, our low overhead costs enable us to provide a higher level of experience and service to our
clients at fees that are competitive with other firms.
While Ascent will not be providing design review services, our experience in designing, observing, evaluating
building envelope systems, as well as our expert witness services provided during litigation, enables us to be more
thorough and efficient during the performance of envelope inspection services. As we have designed and
prepared Construction Documents for numerous projects, we know how to quickly and properly interpret
Construction Documents, as well as identify areas that require further information or detailing from the Architect.
We also have extensive experience observing the installation of many types of building envelope systems, as well
as evaluating systems post construction that were not properly constructed by the Contractor. This enables us to
more readily spot potential deficiencies in construction due to our understanding where Contractors typically are
challenged in performing their work.
By utilizing a single senior level professional on this project,there is no need for time delays or additional costs to
have a technician's work product review. Lines of communication with other parties is also streamlined and
expedited as we can communicate directly with the City, Architect, and Contractor on issues we observe while
on-site.
Ascent is also dedicated to delivering services and work product that is highly tailored to the needs of each and
every client. While we already use a construction observation report format that appears to closely comply with
the needs of The City (a copy of which is attached in Section 4), we do plan on providing a customized report
format with will best meet the needs of The City for this project.
Section 2 — Fee
For the purposes of The City's review of our proposed fee, we have provided additional commentary confirming
our understanding of the Envelope Inspection Services requested, with some additional description on how our
fees were developed. We believe this will further inform The City on how we would propose to perform
envelope inspection services during this project.
The information provided below is intended to supplement the requirements noted within the RFP issued by The
City, and it is Ascent's intent to comply with the scope and requirements of said RFP. The Burlingame Envelope
Inspection Fee Worksheet is included as an attachment to this proposal.
Ms.Rebecca Hodgson
The City of Aspen
P- W March 18,2013
Page 3 of 8
Section 1 —Experience & Representation of Services
Ascent Building Consulting, Inc. (Ascent) is owned and operated by Steven R. Bunn, RRC, RRO. Mr. Bunn is
the President and sole employee of the firm. He is a Registered Roof Consultant and Registered Roof Observer
through the RCI, Inc.
Services Provided by Ascent:
Ascent Building Consulting, Inc. is a'consulting firm specializing in the evaluation and design of the building
envelope to address or mitigate water intrusion into buildings and structures. Ascent performs evaluations and
design of repairs on all kinds of existing buildings and structures, including municipal, commercial, multi-family,
and single family properties. We have experience working on hundreds of projects throughout the United States,
as well as other parts of the world. We are dedicated to providing services tailored to meet the needs of each of
our clients.
We have expertise and offer consulting services for the following:
➢ Third party observation services for municipalities,owners,and property managers
➢ Investigation and evaluation of existing water leakage and condensation problems
➢ Property condition assessments and due diligence reports
➢ Design of repairs to address existing building problems and design on new construction
➢ Design consultation and design review for architects,engineers, owners,developers, and contractors
➢ Services during construction including construction observation,review of submittals and pay applications
➢ Dispute resolution services including investigations,reporting,and expert witness testimony
➢ Evaluation of hail and wind damage for insurance carries and property owners
Professional Experience of Steven R.Bunn:
2011 -Present: Ascent Building Consulting,Inc.,Littleton,Colorado
President
2008-2011: Building Consultants& Engineers,Inc.,Littleton,Colorado
Associate
2000-2008: Bornengineering,Westminster,Colorado
Senior Project Manager
1995-2000: Exterior Research& Design,Seattle,Washington
Building Envelope Consultant
Mr. Bunn has been active in the building envelope and roofing consulting field for eighteen years. He has
extensive experience with the evaluation and design of numerous types of roofing systems. Low-slope roofing
systems which Mr. Bunn has evaluated include built-up roofing, modified bitumen roofing, single-ply roofing
such as EPDM,PVC,EIP,TPO, and Hypalon, fluid-applied roofing, and inverted roof membrane assemblies.Mr.
Bunn has comprehensive knowledge of steep-slope roofing systems which include concrete tile roofing, asphalt
and composite shingle roofing, slate roofing, wood shake and shingle roofing, copper roofing, metal panel
roofing, and synthetic slate roofing. Mr. Bunn has also evaluated a wide variety of accessory roofing materials
and systems including flashings and copings. His extensive experience also includes the evaluation and design of
below-grade and plaza waterproofing systems and pedestrian-grade traffic coatings. Exterior cladding systems
which Mr. Bunn has evaluated include cementitious stucco, EIFS, fiber-cement and hardboard siding, brick,
concrete block, stone masonry, precast concrete, wood siding, composite metal panels, windows, storefronts,
curtain walls,exterior doors, sealant joints,and expansion joints.
Ms.Rebecca Hodgson
pop The City of Aspen
March 18,2013
Roofing:
Page 2 of 8
• Dimensional laminated asphalt shingles, underlayment, snow fences, and snow clips for steep slope
roofing.
• Standing seam and corrugated metal roofing panels with snow clips for steep slope roofing.
• Fully adhered TPO,underlayment board,and tapered polyisocyanurate insulation for low slope roofing.
• Sheet metal gutters and downspouts.
• Sheet metal chimney caps.
• Metal copings caps at parapet walls.
• Sheet metal overflow scuppers for low slope roofs.
• Associated metal flashings at transitions with dissimilar roofing or cladding systems.
Exterior Cladding:
• Corrugated metal wall panels installed over vertical battens.
• Fiber cement lap siding installed over vertical battens.
• Fiber cement board and batten siding installed over vertical battens.
• Fiber cement soffit panels.
• Vinyl windows with fluid-applied membrane flashings, self-adhered membrane flashings,and sheet metal
flashings.
• Swing vinyl balcony doors with self-adhered membrane flashings and metal flashings.
• Steel swing and overhead doors with associated flashings.
• Exterior painting of metals with oil in water enamel paint, exterior wood with low VOC stain, and
exterior wood and pre-primed siding and trim with acrylic latex paint.
• Exterior sealants with single or multi-component urethane sealant.
• Closed cell polyisocyanurate board sheathing with self-adhered flexible flashings.
Exterior Balconies:
• Plastic lumber decking over Douglas Fir balcony framing.
Roof Insulation and Ventilation:
• Soffit, head wall,and ridge vents at asphalt shingle roofing with open attic spaces.
• R-60 spray cellulose insulation in attic spaces below asphalt shingle roofing.
• Spray cellulose insulation in roof cavity below low slope roofing.
• Spray cellulose insulation in roof cavity below metal panel roofing.
Wall Insulation and Air/Vapor Barrier:
• ''/z" closed cell polyurethane spray foam insulation behind insulated sheathing forming an air/vapor
barrier.
• Spray cellulose insulation within exterior wall cavity.
• 1-1/2"polyisocyanurate insulation boards and spray cellulose insulation at below grade exterior walls.
Foundation Waterproofing:
• Self-adhered membrane waterproofing with mechanically attached drainage composite.
• Bituminous dampproofing at foundation walls not scheduled to receive waterproofing.
'scent Building Consulting,Inc.
9061 Sanderling Way
Littleton,Colorado 80126
Tel:303-877-1119
March 18,2013
The City of Aspen
c/o Ms. Rebecca Hodgson
Aspen City Hall
130 South Galena Street
Aspen, Colorado 81611
Re: 2013 Proposal for Burlingame Ranch Phase II—Building 1 to 4 Enclosure Inspection Services
Ascent No.: 13007
Dear Ms.Hodgson and City Officials:
Ascent Building Consulting, Inc. is pleased to provide this proposal to perform enclosure inspection services for
the Burlingame Ranch Phase II—Buildings 1 through 4 Project located in Aspen, Colorado. We understand that
The City of Aspen(The City)wishes to retain a third party consultant to provide construction observation services
for the building enclosure systems for this project, to visit the site at appropriate intervals (to be coordinated with
the City and Contractor) and to develop opinions as to whether the observed conditions of the building enclosure
systems appear to be in general compliance with the"Construction Documents."
Documents Reviewed in Preparation of This Proposal for Enclosure Inspection Services
We reviewed the following documents in the preparation of this proposal:
• "Request for Proposals for Burlingame Ranch Phase II—Building 1 to 4 Enclosure Inspection Services",
8 pages.
• "Attachment A—The City of Aspen Instructions to Offerors of Professional Services", 5 pages.
• "Attachment B—City of Aspen Standard Form of Agreement", 10 pages.
• "Attachment C—Preliminary Building Schedule for Phase 2AI Buildings 14", 12 pages.
• "Attachment D—Burlingame Envelope Inspection Fee Worksheet", 1 page.
• Architectural Drawings for "Burlingame Ranch 100% Implementation Documents — For Construction",
180 pages,dated August 31,2012.
• "Burlingame Ranch 100% Implementation Documents Project Manual — Volume 1", 812 pages, dated
August 31,2012.
• "Burlingame Ranch 100% Implementation Documents Project Manual — Volume 2", 541 pages, dated
August 31,2012.
Project Overview
We understand that The City is constructing an affordable housing project named "Burlingame Ranch Phase 11"
on a 17 acre site. The completed project will ultimately include 161 affordable housing units contained within 15
buildings, with an additional 6 single family owned units. The scope of work included within the current phase
only incudes 48 units in Buildings 1 through 4, which are made up of Pods A through D.
Based upon our review of the documents provided above, we further understand that Buildings 1 through 4 are
three story stick framed buildings installed over a concrete foundation and slab-on grade concrete floor, and
consist of the following exterior envelope systems: