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resolution.council.032-03
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING PART 1, AGREEMENT BETWEEN CITY OF ASPEN AND DEVELOPER, ASW REALTY PARTNERS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN. WHEREAS, there has been submitted to the City Council Part 1, Agreement Between City of Aspen and Developer, ASW Realty Partners, a Copy of which is auneXed hereto and part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. Section One That the City Council of the City of Aspen hereby approves that Part 1, Agreement Between City of Aspen and Developer, ASW Realty Partners, regarding Burlingame Parcel D Project, 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. Dated: ~~, c:~ / ,2003. H el ~'n l~alin/K1 aXndex4~,'~a~or I, Kathryn Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy o/f~t~esobat~n adopte~ by the City Council of the City of Aspen. Colorado, at a meeting held~ /',~ ,2003. .~ _-~ _ ~ Kathryn S. K ity Clerk Part 1 - Agreement Between City of Aspen an,d Developer This Agreement, made and entered into on Monday, April 14, :2003, by and between the CITY OF ASPEN, 130 S. Galena Street, Aspen, Colorado 81611, hereinafter called the "City", and Developer: ASW Burlingame Parcel D LLC cio Vincent Hooper PlannedDevelopment Manager P.O. Box 770720 Steamboat Springs, CO 80477 For the following project: Burlingame Parcel D Legal: Burlingame RanCh SUbdivision, Lot 1 Description: 40 one-bedroom affordable hoUsing units Location: Airport Business Center- off of Ventnor AVe. between the old Federal EXpress Building and Qwest Telecommunications. The architectural services described herein shall be provided by the following person or entity who is lawfully licensed to practice architecture: (Name and address) (Registration. Number) (Relationship to Developer) Cottle, Graybeal and Yaw Architects, LTD. B-1634 Dvpmnt. Team Member c/o Doug Graybeal 228Midland AvenUe Basalt, CO 81621 The planning serviCes described herein Shall be provided contractUally through the Architect except as indicated below: (Name and address) (Registration Number) (RelationShip to Devel~oper) Design WorkshoP, Inc. Not Applicable DvPmnt. Team Member ~B3-03.doc **DB3 Page 1 Normal structural, mechanical and electrical engineering services shall be provided contractually through the Architect except as indicated below: (Name and address) (Registration Number) (Relationship to Developer) Structural Engineer: Monroe & Newell Engineers, Inc. Hannes Spaeh, P.E. PE # 26799, Colorado Dvpmnt. Team Member Peter D. Monroe PE # 12082, Colorado Dvpmnt. Team Member Mechanical & Electrical Engineer: Beaudin Ganze Tyler Seals, P.E. PE # 34250 Dvpmnt. Team Member Dan Koelliker, P.E. PE # 35218 Dvpmnt. Team Member The City of Aspen and Developer agree as set forth below: ARTICLE 1 DEVELOPER 1.1 SERVICES 1.1.1 Planning, land use approval processing, landscape architecture, preliminary design, engineering, traffic engineering, driveway access / exit requirements per Pitkin County Public Works' requirements, budget, construction documents, and schedule comprise the services required to be accomplished, as well as the preparation and submission of modificatiOns to the Developer's PropOsal prior to execUtion of the Part 2 Agreement. 1.1.1(a) Construction Documents (a) I Based upon the Developer's proposal, the Developer shall Prepare and submit to the City Construction Documents, inCluding Shop Drawings, for review and conformance with the intent of the Developer's Proposal. (a) II The Construction Documents shall (a) set forth in detail the requirements for the construction of the Work; (b) develop the intent of the Developer's PropoSed in greater detail; (c) provide information customarily necessary for the use of those building trades; (d) include documents customarily required for regulatory agency approvals; (e) conform to recognized architectural and engineering standards; and (f) be Propedy approved and certified by a Professional Engineer, registered in the State of ColOrado, Prior t° submittal to the CitY~ (a) III The Construction Documents shall be deVeloped by the Developer. The Developer shall develop plans which show details, lines, grades, cross sections, location, and design of all structures and earthwork. The Developer shall supplement the plans with drawings, diagrams, illustrations, samples, schedules, calculations, sPecifications, and other data Which provide details of construction of the Work, illuStrate the conStruction of the Work, material, equipment, fixtures, ~)B3-03.doc **DB3 Page 2 methods, and items which are necessary to construct the Work, and provide details for inspection of the Work. (a) IV The Developer shall be responsible for the accuracy of all dimensions and quantities shown on the Construction Documents. The Developer shall be responsible for confirmation and correlation of all information at the Project site. The Developer shall be responsible for all information that pertains to the fabrication processes and methods of ~n~tmction, The Developer shall be responsible for providing constructi0n in acCOrdance with the Construction Documents. (a) V The Developer shall submit the Construction Documents to the City for review and approval. The Developer shall make specific notation of any deviations or changes from the Developer's Proposal on the Construction Documents prior to submittal to the City. Submittals shall be made in complete packages and shall include ail necessary information to allow the City to review the work depicted in the submittal for conformance to the Developer's Proposal. (a) VI The format of the Construction Documents shall be as follows: (a) VI i All drawings shall be 34 inches long and 22 inches wide overall. There shall be a title block in the lower right-hand comer of each sheet. The title block shall show the project number, the location of the structure, and the contents of the sheet, The Developer, sheet number, and revision number. (a) VI ii Design notes, calculations, lists, reports, descriptions, catalog cuts, and other non-drawing submittals shall be submitted on 8 ¼ inch by 11 inch sheets in lieu of the size mentioned above. (a) VI iii Three copies of each submittal, plus one reproducible on sepia or vellum for drawings, shall be submitted to the City for review. (a) VI iv Prior to submittal to the City for review? the Construction Documents shall be signed and sealed for the Developer, by a Professional Engineer registered in the State of Colorado. Also, pdor to submittal, the Construction Documents shall be stamped "Approved for Construction" and signed by the Developer's construction superintendent. Submittals without the required seals, stamps, and signatures shall not be accepted and shall be returned to the Developer without action: (a) VI v The City shall review the Construction Documents to determine that general conformance with the design concept and general compliance with the information given in the Contract Documents have been achieved. The review shall not extend to means, methods, techniques, sequences, schemes, or procedures of construction or to safety precautions or to programs incident thereto: The review contemplated by this subsection does not include the normal regulatory review conducted by other City agencies and departments such as the building Department. The review and approval of specific Construction Documents shall not relieve Developer from complete compliance with the terms and conditions of the Contract Documents. ~B3-O3.doc **DB3 Page 3 (a) VI vi Work shall not proceed on items in Part 2 ^greement until the Construction Documents for those items have been reviewed and accepted by the City. Work performed prior to the City's review of Construction Documents shall be solely at the Developer's risk. (a) VI vii The City may request additional details and require Developer to make changes in the Construction Documents which are necessary to conform to the provisions and intent of the Developer's proposal without additional costs to the City. (a) VI viii After review, the City shall retum one set of the Construction Documents to the Developer. Returned Construction Documents shall be stamped With the City's review stamp to indicate the following; Reviewed- Construction Documents have been reviewed and do not require re- submittal. Reviewed as Noted - Construction Documents have been reviewed and the Developer shall incorporate the comments noted in the Construction Documents and Work. The Construction Documents do not require re-submittal. Revise and Resubmit - ConstructiOn Documents require correction or re-drawing and shall be resubmitted for review. If COnstruction Documents are returned for correction or re-drawing, corrections shall be made and the Construction Documents shall be resubmitted by the Developer in the same manner as the first submittal. Specific notation shall be made on the Construction Documents to reflect the revisions. (a) VI ix The time required for the City's review of each submittal shall not exceed 30 calendar days after the Construction Documents are received by the city. it is the intent that no more than two submittals shall be required. If, however, additional submittals are required by actions of the DeveloPer, any delays will be the resPonsibilitY of the DevelOper. If additional submittals are required by the city's actions or of Construction Document review is delayed by the City, and if the Developer's critical path activities are delayed by reason of the City's delay in Construction Document review, an extension of time commensurate with the delay in completion of Work thus caused shall be granted. (a) VI x The Developer shall keep one set of Construction Documents available on the Work site at all times. This set shall be the "construction drawings." The Developer shall note on these construction drawings all changes and deviations from the Work shown on the Construction Documents. The construction drawings shall be kept current as the Work progresses and notations shall be made within seven days of the change or deviation. The construction drawings shall be stamped "As Constructed" and signed by the Developer. Upon completion of the Work and prior to Final payment, the construction drawings shall be submitted to the City. (a) VI xi Failure of the Developer to comply with the requirements of this subsection shall be considered to demonstrate unsatisfactorY progress, and progress payments may be withheld until the requirements are met. ~B3-03.doc **DB3 Page 4 1.2 RESPONSIBILITIES 1.2.1. Services required by this Part 1 Agreement shall be performed by qualified amhitects and other professionals. The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Developer. 1.2.2 The agreements between the Developer and the persons or entities identified in this Part 1 Agreement, and any subsequent modifications, shall be in writing. These agreements, including financial arrangements with respect to this Project, shall be promptly and fully disclosed to the City upon request. 1.2.3 Construction budgets shall be prepared by qualified professionals, cost estimators or contractors retained by and acting in the interest of the Developer. 1.2.4 The Developer shall be responsible to the City for acts and Omissions of the Developer's employees, subcontractors and their agents and employees, and other persons, including the Architect and other design professionals, performing any portion of the Developer's obligations under this Part 1 Agreement. 1.2.5 If the Developer believes or is advised by the Architect or by another professional retained to provide services on the Project that implementation of any instruction received from the City would cause a violation of any applicable law, the D~ivelsper shall n0tify the City in writing. Neither the Developer nor any professional engaged by Developer shall be obligated to perform any act which either believes will violate any applicable law. 1.2.6 Nothing contained in this Part 1 Agreement shall create a contractual relationship between the City and any person or entity other than the Developer. 1.3 BASIC SERVICES 1.3.t The Developer has provided a preliminary evaluation of the City's program and project requirements as set forth in the Preliminary Design Documents and the City has approved of such evaluation. See attached Exhibit "A". 1.3.2 The Developer shall visit the site, become familiar with the local conditions, and correlate observable conditions with the requirements of the CitY's program, schedule and budget. 1.3.3 The Developer shall review laws applicable to design and construction of the Project, correlate such laws with the CitY'S Program requirements, and advise the City if any program requirement may cause a violation of such laws. Necessary changes to the City's program shall be accomplished by appropriate written modification or disclosed as described in Paragraph 1.3.5. 1.3.4 The Developer has reviewed with the City alternative approaches to design and additional design features for the Project, and the City has approved these additional features to be integrated into the Preliminary Design Documents. See attached Exhibit "B". ~B3-03,doc **DB3 Page 5 1.3.5 The Developer shall, if it has not already done so, .,submit to the City a Proposal, including the completed Preliminary Design DOcuments (to include, but not limited to, a site plan, landscape plan, parking plan, 3-dimensional mOdel Of the ProjectI architectural schematics, elevation drawings with materials), a statement of the proposed schedule for completion of the Project. Preliminary Design Documents shall consist of preliminary design drawings, outline specifications or other doCuments sufficient to establish the siZe, quality and character of the entire Project, its architectural, structural, mechanical and electrical Systems, and the materials and such other elements of the Project as may be appropriate. Deviations from the City's program shall be disclOsed in the ProPOSal. 1.3.6 The Developer shall prePare all applications and take all steps necessary to obtain a Development Order from the CitY's CommunitY Development Department consistent with the City's Land Use Code (Title 26 Of the AsPen MUniciPal COde.) Said steps shall include, but not necessarily limited to, approvals from the Aspen City Council for planned Unit Development, Re-zoning, Subdivision, GMQS, or any other land use approvals required to obtain the requisite Development Order. The City's Community Development Department shall prepare and deliver in timely manner a list of all suCh apPlications and aPProVals Which are required to be obtained by the Developer. 1.3.7 If Developer receives a Development Order and if the Proposal is accepted by the City, the parties shall then eXecute the Part 2 Agreement. A modification to the Proposal before execution of the Part 2 Agreement shall be recorded in writing as an addendum and shall be identified in the Contract Documents of the Part 2 Agreement. 1,4 ADDITIONAL SERVICES 1.4,1 The Additional Services described under this Paragraph 1.4 shall be provided by the Developer and paid for by the City if authorized or confirmed in writing by the City. 1.4.2 Making revisions in the Preliminary Design Documents, budget or other documents when such revisions are: 1. inconsistent with approvals or instructions previously given by the City, inClUding revisions made necessary by adjustments in the City's program or Project budget; 2. required by the enactment or revision of codes, laws or regulations subsequent to the preparation of suCh documents; or 3. due to changes required as a result of the CitY'S failure to render decisions in a timely manner. 1.4.3 Providing more extensive programmatic criteria than that furnished by the City as described in Paragraph 2.1. When authorized, the Developer shall provide professional services to assist the City in the preparation of the program. Programming services may consist of: 1. consulting with the City and other persons or entities not designated in this Part 1 Agreement to define the program requirements of the Project and to review the understanding of such requirements with the City; ~B3-03.doc **DB3 Page 6 2. documentation of the applicable requirements necessary for the various Project functions or operations; 3. providing a review and analysis of the functional and organizational relationships, requirements, and objectives for the Project; or 4. setting forth a written program of requirements for the City's approval which summarizes the City's Objectives, schedule, constraints, and criteria. 1.4.4 Providing financial feasibility or other special studies, 1,4.5 Providing planning surveys, site evaluations or comparative studies of prospective sites. 1.4.6 Providing special surveys, environmental studies, and submissions required for approvals of governmental authorities or otherS having jurisdiction over the Project. 1.4.7 Providing services relative to future facilities, systems and equipment. 1.4.8 Providing services at the City's specific request to perform detailed investigations of existing conditions or facilities or to make measured drawings thereof. 1.4.9 Providing services at the City's specific request to verify the accuracy of drawings or other information furnished by the City. 1.4.10 Coordinating services in connection with the work of separate persons or entities retained by the CitY, subsequent to the execution of this Part 1 Agreement. 1.4.11 Providing analyses of owning and operating costs. 1.4,12 Providing interior designs and other similar services required for or in connection with the selection, procurement or installation of furnitureI fUrniShingS and related equipment. 1.4.13 Providing ServiCes for planning tenant or rental spaces. 1.4,14 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 1,4.15 Providing services related to obtaining approval from any party for the access to the Project and for the constrUction of a portion of the Project to be located within the Airport Business Center and the cost of any reqUired design and/or Construction change to the Preliminary Design Documents as a result of the inability to obtain any required approval. 1.4,16 Providing services related to modification or amendment in any material manner the Preliminary Design Documents as a result of any governmental or other review process. The City acknowledges that the Preliminary Design Documents and the budget therefore are based on the conceptual design approved by the City Council and that deviations required will be compensated as an additional service. ~)B3-03~doc **DB3 Page 7 ARTICLE 2 CITY 2.1 RESPONSIBILITIES 2.1.1 The City shall provide full information in a timely manner regarding requirements for the Project, including a written program which is accurate and complete to the City's knowledge and shall set forth the City's objectives, schedule, constraints and criteria. Developer shall take responsible measures to satisfy itself of the accuracy and completeness of said information. 2.1.2 The City shall establish and update an overall budget for the Project, including reasonable contingencies. This budget shall not constitute the COntract sum. The City's preliminary budget as of the date of this Part 1 Agreement is attached. See attached Exhibit 2.1.3 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. The City or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the DevelOper in order to avoid unreasonable delay in the orderly and sequential progress of the DevelOper's services. The City may obtain independent review of the documents by a separate architect, engineer, contractor or cost estimator under contract to or employed by the City. Such independent review shall be undertaken at the City's expense in a timely manner and shall not delay the orderly progress of the Developer's services. 2.1.4 The City Attorney's Office shall deliver a title commitrnent and the City shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements, and adjoining property and structures; adjacent drainage; rights-Of-way, restrictions, boundaries and contours of the site; locations, dimensions and necessary data pertaining to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 2.1.5 The City shall disclose, to the extent known to the City, the results and reports of prior tests, geotechnical studies, inspections Or investigations conducted for the Project involving: structural or mechanical systems; chemical, air, and water polllution, hazardous materials; or other environmental and subsurface conditions. The City Shall diisclose all information known to the City regarding the presence of pollutants at the Project's site. 2.,1.6 The City may furnish legal, accOunting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the City may require to verify the Developer's Applications for payment. 2.1.7 Those services, information, surveys and reports referenced by Paragraphs 2.1.4 through 2.1.6 which are within the City's control shall be furnished at the CitY'S expense. Developer shall not be entitled to reasonably rely upon the accuracy and completeness thereof and Developer ~B3-03.doc **DB3 Page 8 shall use its sound professional judgment under the Developer's Model to verify the accuracy of any such reports, information, surveys and services provided to Developer by the City. The City represents that it has no knowledge that the information provided to Developer is inaccurate or incomplete. 2.1.8 The City shall communicate with persons or entities employed or retained by the Developer through the Developer, unless otherwise directed by the Developer. 2.1.9 The City is responsible for securing access from Ventnor Avenue. The Developer will cooperate and assist the City in obtaining the Pitkin COunty Road Access Permit. 2.1.10 The Developer is not responsible for subdividing the property, but shall assist the City when possible. ARTICLE 3 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA 3.1. The copies or other tangible embodiments of all design materials, whether or not such materials are subject to intellectual property protection, including but not limited to documents, shop drawings, computer programs developed for the Project or if such programs are not the property of Developers the results of the use of them by Developer, data, plans, drawings, sketches, illustrations, specifications, descriptions, models, the Design Documents, as-built documents and any other documents developed, prepared, furnished, delivered or required to be delivered by the Developer to City under the Contract Documents (collectively "Design Materials") shall be and remain the property of the City whether or not the Project or Work is commenced or completed; provided, however, that City makes payment for the documents in accordance with the Contract Documents. Subcontractors During the term of the Agreement, the Developer shall be responsible for any loss or damage to the Design Materials, while the Materials are in the possession of the Developer or any of its Subcontractors, and any such DeSign Materials lost or damaged shall be replaced or restored at the Developer's expense. The intellectual property rights, if any, to the contents of or concepts embodied in the Design Materials shall belong to the Developer or its Design Subcontractors in accordance with their contractual relationship and may be copyrighted by them in the United states Or in any other cOuntry, 0r be subject to any other intellectual property protection. 3.2. As to those Design Materials subject to copyright or as to which patent or trademark, or any other form of intellectual proPerty prOtection has been, is or Wiii be 0btainedl the Developer grants to City as of the date that the Design Materials are delivered Or required to be delivered to the City, a world-wide, paid-up, nonexclusive, nontransferable (except as provided) license for the term of intellectual property protection, for the City to use (including the completion of the Project by the City or a third party), reproduce and have reproduced, display and allow others to display and to publish and allow others to publish, in any manner, at any time and as often as it desires, with or without compensation to the Developer or any third party subject to the following restrictiOnS: (a) All copyright and other intellectual proprietary rights in or relating to any of the Design Materials, shall remain the property of the Developer or Design Subcontractor whether or not the Project is constructed. It is understood that, except as provided in this paragraph, the Developer and Design ~B3-O3.doc '*DB3 Page 9 Subcontractor shall have the right to use any detail, part, concept .or system(s) shown on, specified in, or inferable from the Design Materials On any Other project and to retain copies for the Developer's or Design Subcontractor's future use; (b) City Shall nC~t, without prior written conSent of the DeveloPer or Design Subcontractor use Design Materials Or documents, in whole or in part, for the construction of any other project. If, however, City agrees to indemnify the Developer of the intellectual property rights against liability arising from the misuse or incorrect use of Design Materials by City, City shall be entitled to, at no additional CoSt t° the City, use such materials and documents for additions, improvements, changes or alterations to the Project after completion. If Developer is in default under this Contract and the Contract is terminatedl CitY Shall be entitled to use the Design Materials for completion of the Project bY others ~/ithout additional compensation, or a release, indemnification or other action by City; (c) Any reproduction of the Design Materials or part of them shall be faithful and accurate to the original and of gOod quality; (d) City shall not remove or alter, and shall reproduce and prominently displaY on all copies made by City, the copyright notice and other proprietary legends appearing on the Design Materials when delivered to City. The restrictions set forth in (c) and (d) above Shall be imp¢)sed by City on any third party to whom the City allows to diSplay or publiSh the Design MaterialS~ If the City ShoUld use any of the information or plans described herein on an other project or site, the Developer or its Design Subcontractors shall not be held reSponsible for any liability that might result from the City using and/or transferring such information. 3.3. It is understood that City considers the ProjeCt's aggregate arChitectUral expression (that is, the overall combination of the ProjeCt's visually apparent desicjn features) and any distinctive individual features, to be unique and of commercial ValUe, and the Developer and its Design Subcontractors agree not to design or build, or allow other third Parties the use of the Design Materials to design or build another structure(s) having a substantially Similar architectural expression so that an average person would relate the structure(s) to the Project. Developer and its Design Subcontractors shall, however, be free to use individual features from the Project or combinations of features in other projects, so long as the Developer complies with the first sentence of this paragraph. Developer shall include this proviSion in its contractS with its DeSign SubcontractOrs and provide copies of these agreements to City. 3.4. As of the Date of Substantial Completion of the ProjeCt, Or lin the event of termination of the Agreement, Developer shall turn over to City any of the Design MaterialS referred to abOve whiCh have not yet been submitted to City. DeVeloPer Shall submit the Design Materials to City within ten days of the Date of Substantial Completion, or date of termination. In the event of the failure by Developer to make sUch deliVery as provided above, DevelOper .,;hall pay City any damages City may sustain from the failure. Date of Substantial CompletiOn for the purposes of this Section shall mean acceptance of the Developers' Work as deSCribed in section 1.3. ARTICLE 4 TIME 4.1 Upon the request of the City, the DeveloPer shall prepare a SChedule for the performance of the Basic and Additional Services which shall not exceed the established time limits and shall include allowances for periods of time required for the City's review and for apprOVal of submissions by authorities having jurisdiction over the Project. PeaSe see attached Exhibit "D". ~B3-O3.doc **DB3 Page 10 4.2 If the Developer is delayed in the performance of services under this Part 1 Agreement through no fault of the DevelOper, any applicable schedule shall be equitably adjusted. 4.3 When any pedod of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such pedod. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holliday by the law of the applicable jurisdiction, such day will be omitted from the computation. 4.4 A consecutive calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. A working day is any day, Monday through Friday of each week, alSo called business day. ARTICLE 5 INDEMNIFICATION AND INSU~N~CE 5,'1 INDEMNIFICATION: The DeveloPer 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 adSing 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, to the extent that 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 Developer, any Subcontractor of the Developer, or any offiCer, employee, representative, or agent of the Developer or of any Subcontractor of the Developer, or which adses out of any workmen's compensation claim of any employee of the Developer or of any employee of any Subcontractor of the Developer. The Developer agrees to investigate, handle, respond to, and Provide defense for and defend against, any such liability, Claims or demands at the s01e expense of the Developer, 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. The Developer also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. 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 Developer for the portion of the judgment attributable to such act, omission, or other fault of the City, its °fficers, or employees. 5,2 DEVELOPER'S INSURANCE: 5.2.1. The Developer 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 Developer pursuant to Section 5.1 above. Such insurance shall be in addition to any other insurance requirements imposed by this Agreement or by law. The DeVeloper Shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 5.1 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. ~)B3,-O3.doc **DB3 Page 11 5.2.2. Developer shall procure and maintain, and shall cause any Subcontractor of the Developer to procure and maintain, the minimum insurance coverages listed below. Such coverage shall be procured and maintained with forms and insurance acceptablE: to City. All coverage shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Developer pursuant to Section 5.1 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. 5.2.2.1. Worker's Compensation insurance to (;over obligations imposed by applicable laws for any employee engaged in the performance of WOrk under this Agreement, 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 Worker's Compensation requirements of this paragraph. 5.2.2.2. Commercial Genera/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 DevelOpers, Products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision. 5.2.2.3. Comprehensive Automobile Liability insurance ,with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000~000~00) aggregate with respect to each Developer's owned, hired and non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision. If the Developer has no owned automobiles, the requirements of this Section 5.4.2.3 shall be met by each employee of the Developer providing services to the City under this contract. 5.2.2.4. Professional Liability Insurance with minimum limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000;00) each claim and in the aggregate. 5.2.2.5. The budget attached to this Agreement contains an allowance of $175,000.00 to cover bonds and insurance related to the project. If the bo~ds and insurance cost more or less than this allowance amount, the amount of compensation will be adjusted to reflect the exact amount of such costs unless the City agrees to reduce or waive the bond and/or insurance requirements. 5.2.3. Except for any Professional Liability insurance that may be required, the policy or policies required above shall be endorsed to include the City of Aspen and the City of Aspen's officers and employees as additional insureds. Every policy required above shalll be primary insurance, and any insurance carried by the City of Aspen, its officers or employees, or carried by or provided through ~B3-03.doc **DB3 Page 12 any insurance pool of the City of Aspen, Shall be excess and not contributory insurance to that provided by Developer. No additional insured endorsement to the policy reqUired above shall contain any exclusion for bodily injury or Property damage arising from completed operations. The Developer shall be solely responSible for any deductible losses U~der any policy required above. 5.2.4. The certificate of insurance provided by the City of Aspen shall be completed by the Developer's insurance agent as evidence that policies providing the required coverage, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City of Aspen prior to commencement of the contract. No other form of certificate shall be uSed. The certificate shall identify this Agreement and shall provide that ttie coverage afforded under the policies Shall not be canceled, terminated ~ mat~riall~ ~hanged ui~ii a~ least thirty (301 days Prior wdtten notice has been given to the City of Aspen. 5.2.5 In addition, these Certificates of insuranCe Shall contain the follOwing claUses: Underwriters and issuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be pdmary coverage for any and all losses covered by the above- described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers shall have no dght of recovery or subrogation against the DeVeloper's underwriters and iSsuers shall have no right of recovery or subrogation against the City of Aspen, it being the intention of the parties that the insurance policies so effected shall protect all parties and be pdmary coverage for any and all losses covered by the above-described insurance. To the extent that the City's insurer(s) may become liable for secondary or excess coverage, the City's underwriters and insurers Shall have no dght of recovery or subrogation against the Contractor. The insurance companies issuing the policy or policies shall have no reCourse against the City of Aspen for payment of any premiums or for assessments under any form of policy. Any and all deductibles in the above-described insurance policies shall be assumed by and be for the amount of, and at the sole riSk Of the PropOSer. Location of operations shall be: "All operations and locations at which work in connection with the referenced project is done." Certificates of Insurance for all renewal policies shall be delivered to the City at least fifteen (15) days prior to a POlicy's expiratiOn date except for any policy expiring on the expiration date of this agreement or thereafter. 5.2.6. Failure on the part of the DeveloPer t0 Procure or- maintain POlicies Providing the required coverage, conditions, and minimum limits shall constitute a matedal 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. All moneys so paid by City shall be repaid by Developer to City upon demand, or City may offset the cost of the premiums against moneys due to Developer from City. ~)B3-03,doc **DB3 Page 13 5.2.7. City reserves the right to request and receive a certified copy of any pOlicy and any endorsement thereto. $.3 CITY'S LIABILITY INSURANCE: 5.3.1. 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 Property/Casualty P0ol. Copies of the CIRSA policies and manual are kePt at the City of Aspen RiSk Manageys Office and are available to Developer for inspection during normal business hOurs. City makes no representations whatsoever with respect to specific coverage offered by ClRSA. City shall provide Developer reasonable notice of any changes in its membership or participation in ClRSA. 5.3.2. The parties hereto further 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 or any other rights, immunities, and protections ProVided bY the COlOrado G0vernmer~tal Immunity Act, section` 24~10~ 101 et seq, C.R.S., as from time to time amended, or otherwise a~vailable to City, its officers, or its employees. Further, nothing in the Contract Documents shall be construed Or interpreted to require or provide for indemnification of the DevelOper by the City for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of City or its agents or employees. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 The City and the Developer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the Other party to this Part 1 Agreement and t© the partners, successors and assigns of such other party with respect to all covenants of this Part 1 Agreement. Neither the City nor the Developer shall assign this Part 1 Agreement without the written consent of the other. 6.2 This Part 1 Agreement represents the entire and integrated agreement between the City and the Developer and supersedes all Prior negotiations, representations or agreements, either written or oral. This Part 1 Agreement may be amended only by written instrument signed by both the City and the Developer. 6.3 Prior to the termination of the services of the Architect or any other design professional designated in this Part 1 Agreement, the Developer shall identify to the City in writing another architect or design professional With respect to whom the city has not reasOnable objection, who will provide the services originally to have been provided by the Architect or other design professional whose services are being terminated. 6.4 Nondiscrimination During the performance of this Contract, the Developer agrees as follows: ~)B3-03.doc *'DB3 Page 14 6.4.1. The Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, madtal status, sexual orientation, being handicapped, a disadvantaged person, or a disabled or Viet Nam era veteran. The Developer will take affirmative action to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, sex, age, sexual orientation, handicapped, a disadvantag~-~d person, or a disabled or Vier Nam era veteran. Such action shall include, but not be limited to, the folloWing: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 6.4.2. The Developer, with regard to the Work performed by it dUring the Agreement, shall not discriminate on the grounds of race, color, religion, sex, national odgin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Vier Nam era veteran in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. 6.4.3. The Developer will, in all solicitations or advertisements for employees placed by or on behalf of the Developer, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national odgin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or viet Nam era veteran. 6.4.4. In all solicitations either by competitive bidding Or negotiation made by the Developer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential Subcontractor or Supplier shall be notified by the DevelOper of the Subcontractor's obligations under this Contract and the regulations relative to nondiscrimination on the grounds of race, color, religion, sex, national origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Vier Nam era veteran. 6.4.5. The Developer will send to each labor union or representative of workers, with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Developer's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 6.5 Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 6.7 General: Should the City or the Developer suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the Other Party's employees or agents or others for whose acts the other party is legally liable, claim Will be made in writing to the other party within ~)B3-03.doc **D[~3 Page 15 a reasonable time of the first observance of such injury or damage. The provisions of this paragraph shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 6.7.1. The duties and obligations imposed by this Agreement and the rights and remedies available hereunder to the parties hereto, and, in particular but WithoUt limitatiOn; the warranties, guarantees and obligations imposed upon the Developer by the General Conditions, and all of the dghts and remedies available to the City thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them Which are otherwise imposed or available by Laws or RegulationS, by special warranty or guarantee or by other provisions of the Contract DoCUments, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the Contract Documents will survive final payment and termination or completion of the Agreement. 6.8 INDEPENDENT CONTRACTOR STATUS: It is expressly acknowledged and understood by the parties that nothing in this agreement shall result in, or be construed as establishing an employment relationslhip. The Developer shall be, and shall perform as, an independent contractor who agrees to use his best efforts to provide the Work on behalf of the City. No agent, employee, or servant of the Developer shall be, or shall be deemed to be, the employee, agent or servant of the City. The City is interested only in the results obtained under the Contract Documents. The manner and means of conducting the Work are under the sole control of the Developer. None of the benefits provided by the City to its employees including, but not limited to, worker's compensation insurance and unemployment insurance, are available from the City to the employees, agents or servants of the Developer. The Developer shall be solely and entirely responsible for its acts and for the acts of the Developel~s agents, employees, servants and Subcontractors during the performance of the Agreementl THE DEVELOPER, AS AN INDEPENDENT CONTRACTOR, SHALl NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL ,Z~N~'STATE iNCOME TAx ON ANY MONEYS EARNED PURSUANT TO THE AGREEME~. 6.9 PROHIBITED INTEREST: No member, officer, or employee of the City of Aspen shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 6.10 WARRANTIES AGAINST CONTINGENT FEES;GRATUITIES, KICKBACKS ~D ' CONFLICTS OF INTERESTS: The Developer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingency fee, excepting bona fide employees or bona fide established commemial or selling agencies maintained by the Developer for the purpose of securing business. 6.10.1. The Developer agrees not to give any employee or forme~r employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, ~)B3-03.doc **DB3 Page 16 recommendation, preparation of any part of a program requirement or a purchase request, influenCing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement or to any solicitation or proposal therefore. 6.10.2. It shall be a material breach of the Agreement for any payment, gratuity, or offer of employment to be made by or on behalf of a Subcontractor under a Agreement to the Developer or higher tier Subcontractor or any person associated therewith, as an inducement for the award of a Subcontract or order. The Developer is prohibited from inducing, by any means, any person employed under this Agreement to give up any part of the compensation to which he/she is otherwise entitled. The Developer shall comply with all apPliCable local, state and federal "anti- kickback" statutes or regulations. 6.11 PAYMENTS SUBJECT TO ANNUAL APPROPRIATIONS: If the Agreement awarded extends beyond the calendar year, nothing herein shall be construed as an obligation by the City beyond any amounts that may be, from tiime to time, appropriated by the City on an annual basis. It is understood that payment under any contract is conditional upon annual appropriation of funds by said gOverning body and that before ProViding services, the Developer, if it so requests, will be adviSed as to the status of funds appropriated for services or materials and shall not be obligated to provide services or materials for which funds have not been approPriated. 6.12 DEVELOPER ACCEPTANCE, 6,12.1. The acceptance by the Developer of any payment made on the final completi°n Of WOrk under this Agreement, or of any final payment dUe On termination, shall constitute a full and complete release of the City from any and all claims, demands and causes of action whatsoever which the Developer, has or may have against the City under the provisions of these Contract Documents. 6.12.2. No action shall be maintained by DeveloPer, its successors or assigns, against the City on any claims based upon or arising out of this Agreement or out of anything done in connection with this Agreement unless such action Shall be commenced within 180 days after the date approval of the final progress payment hereunder, or within 180 days of the termination of this Agreement. 6.13 SUCCESSORS AND ASSIGNS. This Agreement and ail of the covenants hereof shall inure to the benefit of and be bidding upon the City and the Developer respectively and their agents, representatives, employees, successors, assigns and legal representatives. Neither the City nor the DevelOper shall have the right to assign, transferother party, or sublet his or her interest or obligations hereunder without the written consent of the 6.t4 THIRD PARTIES. ~)B3-03.doc **DB3 Page 17 This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Developer of the City may assign this Agreement in accordance with the specific written consent, any dghts to claim damages or to bring suit, action or other proceeding against either the City Or the DeVeloper because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 6.15 WAIVER. No waiver of default by either party of any terms, covenants or conditions hereof t© be performed, kept and observed by the other party Shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be Performed, kept and observed by the other party. 6.16 CONTRACT MADE IN COLORADO, The Parties agree that this Agreement was made in accordanca with the laWs of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 6.17 ATTORNEYS' FEES, In the event that legal action is necessary to enforce any of the provisions Of thiS Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 6.18 WAIVER OF PRESUMPTION. This Agreement was negotiated and reviewed through the mutual efforts of the Parties hereto and the parties agree that no construction shall be made or presumption shall ariSe for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Agreement. 6.19 SEVERABILITY CLAUSE. If any provision of the Agreement is sUbsequently deClared by legislative or jUdicial authority to be unlawful, unenforceable, or not in aCCordance with applicable laws, statutes, and regulations of the United States of America or the State of Colorad©, all Other provisions of the Agreement shall remain in full force and effect. ARTICLE 7 TERMINATION OF THE AGREEMENT 7.1 This Part 1 Agreement may be terminated by either party upon seven (7) days' written notice should the other party fail to perform substantially in accorHance with its terms through no fault of the party initiating the termination. 7.2 This Part 1 Agreement may be terminated bY the City without cause upon at least (7) days' written notice to the Developer. ~B3-03.doc **DB3 Page 18 7.3 In the event of termination not the fault of the Developer, the Developer shall be compensated for services performed to the termination date, together with Reimbursable Expenses then due and Termination Expenses. Termination Expenses are expenses directly attributable to termination, including a reasonable amount for overhead and profit, for which the Developer is not otherwise compensated under this Part 1 Agreement. ARTICLE 8 PAYMENTS AND BASIS OF COMPENSATION 821 The initial payment provided below shall be made upon execution of this Part 1 Agreement and credited to City's account as provided in Subparagraph 8.2 Subsequent payments for Basic Services and Additional Services provided for in this Part 1 Agreement shall be made monthly on the basis set forth below. 8.3 Within ten (10) days of the City's receipt of a properly submitted and correct Application for payment, the City shall make payment to the Developer. 8.4 Payments due the Developer under this Part 1 Agreement which are not paid when due shall bear interest from the date due at the rate specified below. 8.5 The City shall compensate the Developer in accordanCe with this Article and the other provisions of this part 1 Agreement as described below: 8.5.1 FOR BASIC SERVICES, compensation shall be as follows, but if further development of or modification to the design plans for the Project cause the costs of construction of the Project to exceed the submitted and accepted proposal's cost, the City hereby agrees that wil either amend the buclget to provide for such additional costs or cause the design to be modified to reduce construction costs: 8.5.2 AN INITIAL PAYMENT of Dollars ($170,607.35) shall be made upon execution of this Part 1 Agreement and credited to the City's account. This sum is a portion of ASW Realty Partners' $6,705,650.00 Million (Six Million Seven Hundred Five Thousand Six Hundred Fifty Dollars) submitted and accepted proposal for both Part 1 Agreement and Part 2 Agreement of the Contract. See attached Exhibit 8.5.3 SUBSEQUENT PAYMENTS shall be made as follows: Invoice monthly 8.5.4 FOR ADDITIONAL SERVICES, compensation shall be as follows, but the City and the Developer will mutually agree on the amount of compensation to be paid for such additional Services, and the compensation will be reflected in an Agreement for Additional Services: ~B3-03.doc **DB3 Page 19 8.5.5 The rate of interest for past due payments shall be 6% APR. WITNESS WHEREOF. the parties aoree hereto have executed this Part 1 Aareement on the rhis Agreement shall not be binding upon the City of Aspen unless duly executed by the ;ity Manager or the Mayor of the City of Aspen following a r~Solution of the AsPen City ;ouncil authorizing the City Manager or Mayor to execute the same. rhe Developer shall commence Work required by this Agreement within seven (7) endar days after the date of a "NOtice to Proceed" and Will complete the Work Within O$calendar days of the date of the "NOtice t° Proceed'" ATTESTED BY: CITY OF, ASPEN, COLORADO RECOMMENDED FOR APPROVAL: APPROVED AS TO FORM: ~~~artment Bg:'/~'"~'~t~/"*~ ATTESTED BY: DEVELOPER: ~B3-03~doc **DB3 Page 20 Note: Certification of Incorporation shall be executed if Developer is a Corporation. If a partnership, the Agreement shall be signed by a Principal and indicate title. ~B3-O3,doc **DB3 Page 21 CERTIFICATE OF INCORPORATION (To be completed if Developer is a Corporation) STATE OF .) )SS. COUNTY OF ) On this day of ,19 , before me appeared , to me personally known, who, being by me first duly sworn, didsay that S/he is of and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public Address My commission expires: JPW-04/I 4/2003-M:\cityXcityattyXcontractXconstruc~developer~b3-O3.doc ~B3-O3.doc **DB3 Page 22 Memorandum To: Mayor Klandemd and City Council City of Aspen, Colorado From: Troy Raybum, Project Manager Through: Ed Sadler, Assistant City Manager Date: Monday, March 24, 2003 RE: Burlingame Parcel D * Select Additional Proje,¢t Items '~. Appropriate Funding Summary / Previous Council Action: The purpose of the requested actions is in follow up to the City Cmmcil's February 24t~ deliberation and selection of ASW Realty Partners as the Development Team for the .construction of Burlingame Parcel D. Background Information: When the Council selected ASW Reality Partners, it also requested that ASW and staff come back with pricing for a list of possible additions to the project. These possible additions are as follows: 1. research cost of adding a trash compacter per unit; 2. research cost of adding a recycling bin to trash enclosure per building; 3. research cost of providing greater privacy from neighboring commercial sites and screening affordable housing finits from the bright, afternoon sun; 4. research cost of adding a skylight per unit; 5. replace hollow core doors with solid core doors; 6. research cost of upgrading bathroom floor to tile per umt; 7. research cost of adding tile to tub surrounds per unit; 8. research cost associafed with Xeriscape landscaping; 9. research :cst associated with providin~ greater insulation per unit to decrease sound from neighbors and provide greater heat efficiency; 10. reseamh cost of adding solar hot water system; t 1. research cost of adding solar electricity generation system; 12. research cost associated with proving a trash compactor per garage; 13. research cost of reducing surface parking; 14. research cost associated with replacing vinyl windows with aluminum clad wood; 15. research cost associated with adding microwave hood per unit; m~d 16. research cost of upgrading kitchen floor to tile per unit. Burlingame Parcel D - Staff Report Monday, March 24, 2003 Page 2 of 5 Discussion: Please see below staffs' recommendation and the cost associated with each possible addition to the project: Addition Staff Recommendation Cost 1. trash co'mpacter per unit No $31,050 (total) 2. recycling bin to trash enclosure per building No $4,025 (total) 3. screen AH from BMC West ye/additional trees Yes $31,000 (total) 4. non vented skylight per unit Yes $12,564 (total) 5. replace hollow core doors with solid core doors ASW Corrected $00,000 ' 6. upgrade bathroom floor to tile per unit No $26,4961 total) 7. tile tub surrounds per unit Yes $34,776 ~ total) 8. Xeriscape landscaping Yes $20,125 (total) 9. greater insulation per unit , No $152,2141 total) 10. solar hot water system Yes - through R~MP $172,500t total) 11. solar electricity generation system No $ 80,500~ total) 12. trash compactor per garage Required.per Guidelines (a) common roll off trash compactor per garage $36,225 (total) (b) common stationary trash compactor per garage $50,025 (total) 13. reduce surface parking No ($ 2,170) 14. vinyl windows with aluminum clad wood Yes t~ $46,000 (total) 15. microwave hood per unit ~'6~.~ $16,100 (total) 16. upgrade kitchen floor to tile per unit No $63,342 (total) Staff Conclusions - 1. Trash Compactor in each unit - Staffis worried about the additional cost and the minimizing of cabinet and/or floor space per the Aspen Affordable Housing Building Guidelines (revised November 2002). RA Nelson has confirmed that adding a trash compactor to each unit would decrease cabinet and/or floor space and conflict with the Building Guidelines. Cost = $31,050.00 total or $773.00 per unit: 2. Recycling Bin in trash enclosure to each building - Staffis concerned about adding cost to the project and believes this is an issue that the homeowners' association should resolve. City Council can require that the homeowners association's covenants require'a recycling bin in each garage / trash area. Cost -- 4,025.00 total or $100.00 per unit, Burlingame Parcel D - Staff Report Monday, March 24, 2003 Page 3 of 5 3. Screen AH fi.om BMC West w/additionai trees - staff agrees with the February 24 conversation that additional screening between the AH units and the neighboring commercial businesses is important in providing both privacy for the homeowners and shading from the bright, afternoon sun.. Staff interpreted this to mean mature trees that would provide both greater privacy for our homeowners fi.om the neighboring commercial sites and shade from the hot afternoon sun. ASW interpreted the Council's interest as adding wood lattice to the decks / balconies. Staffis concerned that the wood lattice would cheapen the aesthetic value of the fi;ont side of. the buildings and eventually produce maintenance and replacement issues. Cost for additional trees = $31,000.00 total or $775.00 per unit. Cost for wood lattice = $18,400.00 total or $460.00 per unit. 4. Non-vented skylight per unit - Staff believes that a non-vented sky light would enhance those applicable unit's (The sky light would be installed in 23 units) livable space at minimum cost. ASW provided three alternatives: vented, non-vented and sun tunnel. Staff believes that the non-vented sky light is the best value and would prevent possible leakage that a vented sky light might produce. Cost for non-vented sky light = $12,564.00 total or $550.00 per unit. 5. Replace hollow core doors with solid core doors - Staff has worked with ASW Realty Partners and the selected Development Team understands that solid core doors are required per the Aspen Affordable Housing Building Guidelines (revised Novernber 2002), Section: Doors, page 5. 6. Upgrade bathroom floor to tile per unit - Not requested by Council and staff is concerned about adding cost to the project. Cost = $26,496.00 total or $662.00 per unit. 7. Tile tub surrounds per unit - Staffbelieves tile tub surround would add a quality appearance or aesthetic value to a small confined space. Cost = $34,776.00 or $869.00 per unit. 8. Xeriscape landscaping - Staffbelieves that Xeriscape landscaping would decrease maintenance and watering and prove to be cost effective. Cost = $20,125.00 total or $503.00 per unit. Please note, staff has asked ASW Realty Partners to modify the Xeriscape Landscaping to include screening trees along the area between BMC West and the Al-/project. 9. Greater insulation per unit - Not requested by Council. Already ,'tddressed in specifications (Aspen Affordable Housi .nd Building Guidelines). Specifications provide for adequate sound / insulation proofing. Cost = $152,214.00 total or $3,805.00 per unit. 10. Solar hot water system - Not requested by CounciI, but staffbelieves this feature would add to the project's overall efficiency and funding should come through a partnership with CORE's REMP Fund to achieve its incorporation into the project. Burlingame Parcel D - Staff Report Monday, March 24, 2003 ?age 4 of 5 11. Solar electricity generation system - Not requested by Council. Staff has consulted CORE and believes this feature would not add to the project's overall efficiency. 12. Trash Compactor - Per the Aspen Affordable Housing Building Guidelines, each building is required to include a trash compactor. This requirement was included in the official Request for Proposal (RFP) that was released last fall] As a result, staffbelieves that a trash compactor for each building should have been included in ASW's proposal. Staff believes this requirement' should be left up to the Develop Team to decide. Their choices are: 12(a). Common roll offtrash compactor per garage - The down side to this type of product is that it would have to be'rolled outside and up a short driveway for the 16cai trash hauler to load. Cost = $36,225.00 total or $905.00 per unit. 12(b). Common stationary trash compactor per garage -Trash compactor is capable of being installed through the parking garage wall. Trash would be loaded inside the garage and then compacted and pushed outside into.a trash storage container that would need to be rented fi.om local trash haulers. The down side to this model is that the trash storage area outside is under a homeowner's deck/balcony. Pricing includes a concrete paved area for the trash storage container to sit on outside of each garage with paving for trash truck plck up and some provision for screening of the trash storage container. Cost -- $50,025.00 total or $1,250.00 per unit. 13. Reduce surface parking - Not requested by Council. Staffbelieves reducing the current number of parking spaces would be in direct disagreement with the wishes of the project's immediate neighbors and the COWOP Task Force's recommendations approved by the City Council. 14. Vinyl windows with aluminum clad wood - Staff believes this feature would enhance the project and decrease maintenance. Not requested by Council, but staffbelieves this feature is a good deal. Cost =.$46,000.00 total or $1,150.00 per unit. 15. 'Microwave hood per unit - Not requested by Council. Staffis concerned that many of our customers or homebuyers will come with a microwave (of varying size) and the space provided would become obsolete. Cost = $16,100.00 total or $402.00 per unit. 16. Upgrade kitchen floor to tile per unit -Not requested by Council and staff is concerned about adding cost to the project. Cost = $63,342.00 total or $1,583.00 per unit. Burlingame Parcel D - StaffReport Monday, March .24, 2003 Page 5 of 5 Financial Implications: Staffrecommended additional items total $316,965.00. Staffwill be coming forward in the near future to request that the City Council appropriate $8,000,000.00 (Eight Million) from the Housing Day Care Fund to the Burlingame Parcel D project. Per the City's Procurement Code, this sum will need to be authorized by Council and processed by Finance through the supplemental budget process. In addition to covering ASW's proposed contract at $6,500,000.00, this sum will also cover: · Council's selected items or staff's recommended items at S316,965.00; · any unforeseen expenses or development discoveries (associated cost with unforeseen expenses = ?); · Pitkin County's Traffic Mitigation / Impact Fee at approximately $105,000.00; · 2003 expenses to date at $45,284.00; · 2002 Budget at $340,000.00; and · a 2001 $19,000.00 overspending. Total = $7,326,249.00 + Please Note: All remaining funds will be returned back to the Honsing Day Care Fund's general account upon the completion of the project. It is not staff's intentio~t to exhaust the entire appropriated fund if it does not need to do so. Staff will also come back before City Council for spending approval regarding development discoveries or unforeseen costs. Staff believes $8,000.000,00 is reasonable.based on conversations with the Council's selected development team and reflecting back on the COWOP Task Fome's conversations,. Again,~the remaining amount will be returned to the Housing Day Care Fund's general account. Conclusion / Recommendation: Staft recommends: I. approval of those additional items under "Discussion" reviewed and accepted by staff; and 2. anticipate an appropriation request of $8,000,0000.00 (Eight Million). City Manager's Comments: Burlingame Parcel D Preliminary 2003 / 2004 Budget April 14, 2003 Expenditure Amount Advertising $ 1,000.00 ASW Realty Partners' Contract $6,500,000.00 Council Additions to Project $ 333,065.00 Design Competition $ 80,000.00 Development Discoveries / Unforeseen Costs $ 600,000.00 Development Feasibility Survey / Topo (Sopris Eng.) $ 17,000.00 Entitlement Process $ ?.00 Final Design Documents $ ?.00 Meetings & Presentations $ 2,000.00 Pitkin County Traffic Mitigation Fee* $ 100,500.00 Staffing (Including Benefits) $ 40,000.00 TOT3~L $7,673,565.00 $8,000,000.00 -$7,673,565.00 BALANCE $ 326,435.00 Funding Source: $8,000,000.00 (Eight Million) Appmpriatiun from the Housing Day Care Fund * Based on Conversations and Feedback from PitY, in County Public Works Burlingame Ranch Parcel D--Aspen Colorado Total Part 2 Estimated Part I Cost Est/mated Cost* Cost Hard Cost (RANA Subcontractl Site Development (initial submittal) $ 723,000 $ 723,000 Below grada/Tuckunder parking (initial submittal) 1,109,000 1,109,000 Finished Floor Area (initial submittal) 2,404,000 2,404,000 Landscaping inc, Additional Items Approved by Council 160,565 160,565 Contractor General Conditions, OH & Profit 37,737 597,263 635,000 Subtotal Hard Costs 37,737 4,993,828 5,03t ,565 Soft Costs Professional Fees: Architecture (CGY subcontract) Design Development 62,500 62,500 Construction Documents 132,500 132,500 Bid and Negotiation 5,000 5,000 Construction Observation 50,000 50,000 Planning and Civil Engineering (Design Workshop subcontract) Planning 46,000 25,000 71,000 Surveying 35,000 35,000 Civil Engineering 50,000 4,000 54,000 Field/Soil Investigation Allowance 15,000 10,000 25,000 Legal Review 25,000 25,000 Project (Construction) Management 5,000 43,710 48,710 Insurance** Allowance 175,000 175,000 Permits and Fees Allowance 20,000 200,038 220,038 Reimbumable Expenses Allowance 20,000 5,000 25,000 Total Soft Costs 586,000 342,748 928,748 Developer Fee 10% 200,000 287,100 487,100 Contingency 5% ~ 29~300 228,937 258,237 Total Cost $ 853,037 $ 5,85,2,614 $ 6,705,6,50 Initial Payment 20% 170,607.35 Remaining Payrr[ents 682,429.39 To be billed monthly, based on progress of work. * Costs that are not incurred during Part 1 (including allowances), may be rolled over to the Part 2 budget. ** Initial payment will include payment of insurance and bond premiums which must be paid upfront. Until