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HomeMy WebLinkAboutresolution.council.033-14 RESOLUTION 33 (Series of 2014) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING CONTRACT AMENDMENT BETWEEN THE CITY OF ASPEN AND ASCENT BUILDING CONSULTING AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT AMENDMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract amendment for quality assurance services during the construction of Burlingame Phase II buildings 5-7 between the City of Aspen and Ascent Building Consulting, a true and accurate copy of which is attached hereto as "Exhibit P'; 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 the contract amendment for quality assurance 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 24th day of March 2014. Steven Skadron, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held March 24, 2014. Kai ryn S. Koch, City Clerk JEXHIBIT I March 24, 2014 Amendment No. 1 To the City of Aspen, Standard form of Agreement v. 2009 Between the City of Aspen and Ascent Building Consulting, Inc Original contract executed 4/22/13. The Agreement is amended effective March 24, 2014 as follows: • ADD 2014 Burlingame Phase II Building 5 through 7 Enclosure Inspection Services per attached Exhibit A dated February 14, 2014. $62,050.00 • ADD Increase for Enclosure Inspection Services Buildings 1-4 per attached Exhibit B letter dated January 6, 2014. $12,000.00 AMENDMENT#1 TOTAL: $74,050.00 Original contract and all amended amounts: Original Contract (2013) Executed 4/22/13 Council $ 74,925.00 Amendment 1 (2014) This amendment $ 74,050.00 AMENDED CONTRACT VALUE $148,975.00 OWNER Building Enclosure Inspector City of Aspen Ascent Building Consulting, Inc .r Steve Ska on, Mayor Steve Bunn, Ascent Building Consulting Date Date March 12 , 2014 Ascent Building Consulting, Inc. 9061 Sanderling Way Littleton,Colorado 80126 EXHIBIT A Tel:303-877-1119 February 14, 2014 The City of Aspen c/o Mr. Rob Taylor Rider Levett Bucknall 1675 Larimer Street, Suite 470 Denver,Colorado 80202 Re: 2014 Proposal for Burlingame Ranch Phase Ilaii—Building 5 through 7—Building Enclosure Inspection Services Ascent No.: 14003 Dear Mr. Taylor and City Officials: Ascent Building Consulting, Inc. is pleased to provide this proposal to perform enclosure inspection services for the Burlingame Ranch Phase IIaii 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." This proposal has been developed based upon our experience providing building envelope consulting services during Phase II construction that is approaching substantial completion. Purpose and Scope of Building Envelope Consulting 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. Mr.Rob Taylor Rider Levett Bucknall February 14,2014 Page 2 of 3 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. • Based upon our prior experience performing similar services during Phase II construction, we have developed the following methodology for site visitation in preparing our proposal and fees. ➢ The installation of the foundation waterproofing systems will likely occur from April to June of 2014. No other envelope work will likely occur 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 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 will likely occur from July to November of 2014. For most weeks, various envelope systems will likely 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). 6. We will perform 2 days of inspection of the roofs on Buildings 1-4 from Phase II to observe the condition of the roofs and potential impact of outstanding Variance Items, as well as 1 day of follow up inspection after completion of additional work by Douglass Colony Group on the roofs. These inspections will be performed on days adjacent to our observations being completed on Phase Ilaii buildings to eliminate the need for additional mileage for travel. Mr.Rob Taylor Rider Levert Bucknall 11?—r February 14,2014 Page 3 of 3 Proposed Fees We propose to perform our services on a fixed fee basis as performed during Phase II construction. For the scope of services listed below, we believe our fee, including reimbursable expenses, will not likely exceed $62,050. A further breakdown of our fees and reimbursable expenses is provided below: 1. Exterior Mockup Review: ....................................................................................................................$1,000 2. 25%Observation of Foundation Wall Waterproofing on 5 Building Pods........................................$10,000 J. 25%Observation of Exterior Walls on Buildings 5 Building Pods...................................................$15,000 4. 25%Observation of Exterior Balconies on Buildings 5 Building Pods...............................................$2,500 5. 25%Observation of Roofing on Buildings 5 Building Pods..............................................................$10,000 6. 25%Observation of Internal Unit Envelope on 5 Building Pods.........................................................$2,500 7. 25%Observation of Interior Insulation on 5 Building Pods................................................................$2,500 8. Attendance of 8 OAC Meetings(April—November)..........................................................................$2,800 9. Perform 3 Days of Inspection of Phase II Roofs..................................................................................$3,000 10. Reimbursable Expenses Throughout Project(Mileage, Lodging, Per Diem)....................................$12,750 GrandTotal....................................................................................................................................................$62,050 "Attachment-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. 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 Burlingame Phase III Building Enclosure Inspection Services Fee Worksheet Ascent Building Consulting, Inc. Fee Each(for 25% Item Service sample) Multiply by Subtotal 1 Exterior Mockup $ 1,000.00 1 mockup $ 1,000.00 2 Foundation Walls $ 2,000.00 5 Pods $ 10,000.00 3 Exterior Walls $ 3,000.00 5 Pods $ 15,000.00 4 Exterior Balconies $ 500.00 5 Pods $ 2,500.00 5 Roofing $ 2,000.00 5 Pods $ 10,000.00 6 Internal Unit Envelope $ 500.00 5 Pods $ 2,500.00 7 Interior Insulation $ 500.00 5 Pods $ 2,500.00 8 months(April to 8 OAC meetings $ 350.00 Nov) $ 2,800.00 9 Inspection of Phase II Roofs $ 1,000.00 3 Days $ 3,000.00 Reimbursable Expenses (estimate,to be paid for actual 10 costs only) $ 12,750.00 Grand 0.00 Hourly rate for principal $ 125.00 $/hour 1 Tscent Building Consulting, Inc. 9061 Sanderling Way Littleton,Colorado 80126 EXHIBIT B Tel:303-877-1119 January 6,2014 Mr. Craig Roth Rider Levett Bucknall 1675 Larimer Street, Suite 470 Denver, Colorado 80202 Re: Burlingame Ranch Phase II—Buildings 1 to 4 Request for Fee Increase for Enclosure Inspection Services Perform by Ascent Building Consulting, Inc. Ascent No.: 13007 Dear Mr. Roth: Based upon our meeting with you on site on January 2,2014,as well as a number of other meetings and discussions by telephone last year, we are formally requesting a fee increase for enclosure inspections services as specified in our Agreement with the City of Aspen dated April 22,2013. As you are aware,there were a number of issues that came about during construction that required additional efforts on our part to address design and construction related issues that were outside our original scope of service. These issues generally fell within the three categories noted below: 1. Some of the Construction Documents prepared by the Architect were ambiguous and/or had conflicting requirements. This required us to identify and communicate these items to the Architect. This additional work comprised some of the additional time and associated fees required; however, construction related issues have been the greatest cause for us to perform additional services. 2. Haselden and/or their subcontractors had numerous variances related to construction that appeared to be non-compliant with the requirements of the Contract Documents. On some occasions, Haselden initially disputed these requirements(such as the manufacturer's installation requirements for Thermax sheathing), which required additional research, correspondence, and meeting time on site. On other occasions, Haselden and/or their subcontractors did not appear to provide adequate supervision of the work or correction of previously noted variance items, which resulted in additional efforts, correspondence, and meetings on our part to help reduce the potential for uncorrected work being covered up by other work. As of the invoice we sent on December 9, 2013, these additional services totaled $4,262.50. We understand that you and representatives from the City of Aspen reviewed and provided initial approval of these additional services, for which we have been paid in full. At your request,we are formalizing our request for our fee increase for additional services that have been provided and billed as of December 9, 2013, as well as additional services recently performed and required to close out the proj ect. These additional services are related to the following: 1. Due to the roofing contractor's(Douglass Colony Group)severe delay in installing the roofs at the project, roofing activities were being performed during a season of the year where installation quality is questionable, and the City of Aspen requested additional observation be performed by our firm. This required two additional site visits not included within our original agreement. These site visits were performed within the original fee; however, we are requesting to perform two additional site visits to observe the construction through completion of the project. Mr.Craig Roth Rider Levett Bucknall January 6,2014 Page 2 of 2 2. Additional services will be required at the end of the project to assist Haselden with closeout of variance items, as well as additional correspondence and documentation for the City of Aspen relating to variance items,particularly those variance items that will not be fully closed out. As we discussed with you during our last meeting, we estimate that an additional $7,750 would be required to perform these additional services listed immediately above. In addition to the$4,262.20 previously requested and initially approved, we are therefore requesting that ouriorip-mal tee be increased from the original $75,470 limit. We propose to perform all additional services on an hourly rate basis of$125/hr. Please contact me if you have any questions. If you approve of our proposed services and fees as described above and wish to authorize us to proceed,please sign below and return a complete copy to our office. Sincerely, Ascent Building Consulting, Inc. :!5 z_---, , 1�5-- Steve R. Bunn,RRC, RRO President Proposal Accepted by: Client(Name of Party Accepting This Proposal): Signature of Person Representing Client: Title of Person Representing Client: