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Home My WebLink Aboutresolution.council.008-21 RESOLUTION #008 (Series of 2021) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT AMENDMENT BETWEEN THE CITY OF ASPEN AND 359 DESIGN 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 an amendment to the Owner-Architect agreement between the City of Aspen and 359 Design LLC, 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 the amendment to the Owner-Architect agreement between the City of Aspen and 359 Design LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract amendment on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 26th day of January, 2021. 7MEC.- Torre, Mayor I, Nicole Henning, 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 June 26, 2021. e Nicole Henni g, City Clerk DocuSign Envelope ID:F71473FC-F7CC-4A44-A1F3-9E9628CC254C Amendment to AIA B132-2009 Standard Form of Agreement Between Owner and Architect Construction Manager as Adviser Edition Amendment Date:January 26, 2021 Original Contract Date:June 24, 2019 Owner:City of Aspen Architect:359 Design Project: Burlingame Ranch Phase 2B(aka Phase 3)Affordable Housing WHEREAS Part 1 of the existing contract scope was described as "Community outreach, City Council presentation and direction"; and WHEREAS Part 2 of the existing contract scope was described as"Detailed Design, Engineering, Document Production, Modular Facilitation and Permitting", and WHEREAS The existing contract was designed to be amended to add Part 3 additional services when Part 1 and Part 2 were completed; NOW,THEREFORE in consideration of the foregoing premises,the parties hereto agree as follows: A. Services to be added include Part 3 services as described in"PROPOSAL FOR 019-046 Burlingame Ranch Phase 3 Affordable Housing-Architect/Design Services PREPARED FOR City of Aspen,prepared by 359 Design LLC,23 May 2019",with fees as described in the attached fee schedule and with scope of work described as follows: PART 3: CONSTRUCTION ADMINISTRATION, PROJECT CLOSEOUT AND WARRANTY Scope —To facilitate construction of Burlingame Phase 3 as the Architect, based on the terms laid out within Section 3.6 of the 8132-2009 for Burlingame Phase 3 between the City of Aspen and 359 Design LLC. The terms and the language laid out with in the contract outline the Construction Administration and Care for the Design Team to provide during construction. This process is inclusive of responding to Questions as they Arise through RFI, providing supplement information as needed to facilitate the construction of the base scope in the form of ASI, Site Visits, Certificates of Payment and Submittals. Fees—$497,133.00.The initial fee proposal was based on 18 months of construction, whereas the updated schedule is 22 months. Fees and site visits have been updated accordingly and are outlined in attached exhibits. DocuSign Envelope ID:F71473FC-F7CC-4A44-A1 F3-9E9628CC254C B. Additional services to be added with fees and scope of work described below. Additional Scope: Described and apportioned as described below. Additional Fees: $92,517.00 • Sopris Engineering—Civil Engineering—$21,112 o A request for services provided within the insubstantial Amendment, Civil Adjustment for Park 3 and Open Space at City of Aspen Parks—Park 2/Park 3& Survey work for Park 2 modifications • BG Design—MEP Engineering-$18,225 o Addition of 2020 NEC updates at building department request and Solar schematic design • ProSpec-Spec Writer—$3,500 o Adjustments of and review of Specs based on Manufacturer Submittals not included in base spec or Allowable Alternates • 359 Design—Architecture-$49,680 o Bridge Fee for Construction Administration Scope from August 2020-January 2021 to cover Manufacturer Submittals & Modular Team Meetings outside of Shop drawing process Total Fees: (A)$497,133.00+(B)$92,517.00=$589,650.00 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement of which shall be deemed an original on the date first written above. CITY OFAQDUXT OnRADO: PROFESSI AL: �.o./E [Signature] [Si ature] By: Sara Ott By: Will Hentschel [Name] [Name] Title: city Manager Title: 359 Design, Its Manager Date: 1/29/2021 1 1:06:53 PM PST Date: 01/15/2021 DocuSign Envelope ID:F71473FC-F7CC-4A44-A1F3-9E9628CC264C Exhibit A—Amended Fees A. Services to be added include Part 3 services as described in "PROPOSAL FOR 019-046 Burlingame Ranch Phase 3 Affordable Housing-Architect/Design Services PREPARED FOR City of Aspen,prepared by 359 Design LLC,23 May 2019",with fees as described below: Part 3 Fee Table Firm Fee Discipline Architecture 359 Design $202,800.00 Interiors 359 Design $10,800.00 Landscape Arch. Blue Green $57,700.00 Civil Eng. Sopris Engineering $60,000.00 Traffic Eng. Kimely Horn Drainage Eng. Sopris Engineering $20,000.00 Structural Eng. Ascent $40,000.00 MEP Eng. BG Building Works $30,139.00 Irrigation Western Heritage $15,500.00 Acoustics DL Adams $8,500.00 Waterproofing PIE $6,500.00 SUBTOTAL $451,939.00 Reimbursables 10%Allowance $45,194.00 Total Part 3 $497,133.00 B. Additional services to be added with fees described below. Firm-Discipline Fee 359 Design-Architecture $49,680.00 Sopris Eng-Civil Eng. $21,112.00 BG Design-MEP Eng. $18,225.00 ProSpec-Spec.Writer $3,500.00 Total Additional Svcs $92,517.00 Summary of existine contract fees: Part 1:$252,159.00+Part 2: $886,258.00+$6,710.00=$892,968.00=Subtotal:$1,145,127.00 This amendment: (A) Part 3 services$497,133.00+(B)Additional services$92,517.00=$589,650.00 Updated Contract Total: Existing contract$1,145,127.00+Amended Fees$589,650.00=$1,734,777.00 DocuSign Envelope ID:F71473FC-F7CC-4A44-A1F3-9E9628CC254C Exhibit B— Updated Schedule/Site Visits (assumes project closeout by end of 2022,fees for site visits are included, actual reimbursables will apply) Estimated Site Visits 2021 Per Month JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 359 Design (Site) 2 2 3 3 4 4 4 3 3 3 3 359 Design (Factory) 2x1.5 2x1.5 2x1.5 Blue Green 2 2 2 2 Western Heritage 1 1 Sopris 1 3 3 3 3 3 3 2 2 2 Ascent 1 2 2 2 1.5 1.5 1.5 1.5 1 1 BG Bldg Works 1 1 1 1 1 1 1 Estimated Site Visits 2022 Per Month JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 359 Design(Site) 2.5 2.5 2.5 2.5 2 2 2 2 2 2 2 2 359 Design(Factory) Blue Green 1 2 2 2 1 1 3 Western Heritage 1 1 1 2 Sopris 2 2 1 2 Ascent BG Bldg Works 1