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HomeMy WebLinkAboutresolution.council.121-04RESOLUTION # 121 (Series of 2004) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND SHAW BUILDERS LLC SETTING FORTH THE TERMS AND CONDITIONS REGARDING PART I BURLINGAME RANCH AFFORDABLE HOUSING AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Shaw Builders LLC a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Shaw Builders LLC regarding Part I, Burlingame Ranch Affordable Housing, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: January 25, 2005 ~or 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 ~ S. Koch, City Clerk This Document comprises two separate Agreements: Part I - Planning, and use approval processing, landscape architecture, preliminary design, engineering, traffic engineering, budget, and scheduling; and Part 2 Agreement: final design and construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2 Agreement is referred to as Part 2. Before executing Part l, the parties should reach substantial agreement on Part 2. It is the intent of the Contract Documents to describe a functionally complete Project to be constructed in accordance with the Contract Documents and to describe a relationship between the parties that places all responsibility upon the Developer to undertake all the Work necessary to complete the Project, from initial planning to final construction, as if the Developer were the owner of the land and Project, with the City assuming only a supervisory role to ensure that the Work proceeds in accordance with the Contract Documents. By contracting for full performance of the Work described in the Contract Documents, the Developer shall assume all responsibility and obligations to complete the Work for the amount set forth as the Contract Price within the stated Contract Time. Part 1 Agreement Between City of Aspen and Developer DB3-03.doc DB3 Page 1 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 cover 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 General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent 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. 5.2.3. 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 shall be primary insurance, and any insurance carded by the City of Aspen, its officers or employees, or carried by or provided through 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 under any policy required above. DB3-03.doc DB3 Page 10 5.2.4. The certificate of insurance provided to 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 the coverage afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City 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 primary 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 right 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 primary coverage for any and all losses covered by the above-described insurance. 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 to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith. 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. 5.2.7. City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. DB3-03.doc DB3 Page 11 5.3 CITY'S LIABILITY INSURANCE: 5.3.1. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (ClRSA) and as such participates in the ClRSA Property/Casualty Pool. Copies of the ClRSA policies and manual are kept at the City of Aspen Risk Manager's Office and are available to Developer for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverage offered by CIRSA. 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 Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 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 to 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: 6.4.1. The Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, marital status, sexual DB3-03.doc D133 Page 12 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 disadvantaged person, or a disabled or Viet 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 origin, sexual orientation, age, marital status, being handicapped, a disadvantaged person, or a disabled or Viet 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 origin, 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 Viet 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 individua1 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: DB3-03.doc DB3 Page 13 6.7.1 include: For purposes of this Part 1 Agreement, "Contract Documents" shall mean and This Part 1 Agreement Exhibits A and B to this Part 1 Agreement. All deliverables provided to City in accordance with the Professional Services Agreement between the City and Developer dated 6-22-2004.. Developer's Proposal dated 9-7-2004 in response to City's Request for Proposals, including the Addendum dated 11-3-2004. The Part 2 Agreement. 6.7.2. 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 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. 6.7.3. 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 Contract Documents, and all of the rights 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, 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 relationship. 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 Developer's agents, employees, servants and Subcontractors during the performance of the Agreement. THE DEVELOPER, AS AN INDEPENDENT CONTRACTOR, SHALL NOT BE ENTITLED TO WORKERS' COMPENSATION BENEFITS AND SHALL BE OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONEYS EARNED PURSUANT TO THE AGREEMENT. DB3-03,doc DB3 Page 14 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 AND 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 commercial 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 former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering 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 time 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 final payment made on the final completion of Work under this Agreement, or of 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 DB3-03.doc DB3 Page 15 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 all 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, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 6.14 THIRD PARTIES, 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 to 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 accordance 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. DB3-03.doc DB3 Page 16 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 Colorado, 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 accordance 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. 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 8.1 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 8.5.2. 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 betow. 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. DB3-03.doc DB3 Page 17 8.5 The total amount for Part 1 Agreement shall a total lump sum amount of $2,241,872. 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: A Lump Sum amount of $2,126,532 (Two million one hundred twenty six five hundred thirty two dollars) 8.5.2 AN INITIAL PAYMENT of Three Hundred Ten Thousand Seven Hundred Dollars ($310,700) shall be made upon execution of this Part 1 Agreement and credited to the City's account 8.5.3 SUBSEQUENT PAYMENTS shall be made as follows: Developer will submit monthly an Application for Payment on or before the last day of the month for work completed through the month and payment will be made in accordance with Article 8.3. 8.5.4 FOR ADDITIONAL SERVICES, compensation shall be as follows: Per rates in Exhibit B 8.5.5 The rate of interest for past due payments shall be 6% APR. fhis Agreement shall not be binding upon the City of Aspen unless duly executed by the 2ity Manager or the Mayor of the City of Aspen following a resolution of the Aspen City Council authorizing the City Manager or Mayor to execute the same. The Developer shall commence Work required by this Agreement within seven (7) calendar days after the date of a "Notice to Proceed" and will complete the Work within :he scheduled times per Exhibit A. DB3-03.doc DB3 Page 18 IN WITNESS WHEREOF, the parties agree hereto have executed this Part 1 Agreement on the date first above written. ATTESTED B~: -- , ~ CITY OF-ASPEN, COLORADO Title: C RECOMMENDED FOR ,~,PPROVAL: City Engineering DSpartme'~t APPROVED AS TO FORM: ATTESTED BY: DEVELOPER: Title: 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. DB3-03.doc DB3 Page 19 EXHIBIT A SCOPE OF WORK As defined in part III and part IV of the City of Aspen issued Request for Proposals to provide Developer Services for the City of Aspen Affordable Housing Proiect: Burlingame Ranch Affordable Housing, April 19, 2004 the Development Team shall acquire Conceptual Land Use approvals, Final Land Use approvals, and building permits and such similar required permits as the scope of work for Part 1 of the Developer Contract. Land use approvals, building permits, etc. shall be acquired for the proposed development as described in the City of Aspen Project Requirements, Shaw Poss DHM Conceptual Master Plan submittal dated September 7, 2004 and the Shaw Poss DHM document titled Conceptual Submittal Updates. The completed project will receive a certification that the project meets Building America standards upon project completion. PROFESSIONAL FEES - Part I Services and professional fees to complete the scope of work described for Part 1 of the Developer Contract is a lump sum of $2,241,872. This amount includes the following soft costs for Phase I only and Part 1 only. The services are anticipated to be complete by May of 2005. Services during construction and changes to workscope initiated by the City are not included. Refer to the attached Rate Sheet for rates that will apply to Additional Services. Services include design to secure entitlements and permits for construction. The following are included in this Part I Contract: 1. Geotechnical foundation design 2. Topographic and boundary survey 3. Civil Engineering design · 4. Planning & Landscape Design 5. Architecture 6. Structural, mechanical and electrical engineering 7. Legal Review 8. Project Management of the Shaw/Poss/DHM Team The City or others will provide the following items: 1. Any geotectmical investigations and reports that are available. 2. Any legal description, datum point and benchmark for performing boundary and topographic surveys that are available. 3. Subdivision plat 4. Consulting from the Department of Energy Building America Program 5. Legal Description including all legal work for easements required by utility or other entities. 6. Utility company impact fees, improvement and relocation agreements and costs. OTHER NOTES 1. This project is assumed to be tax exempt. 2. Real Estate Taxes do not apply 3. Permits and costs for all permits are not included in Part 1 4. Tap fees are not included in Part 1 5. Payment and Performance Bond is not included for Part I. 6. No City of Aspen costs are included in this price, i.e. this price excludes the project related expenses of City of Aspen Project Managers, the transportation mitigation fee and utility agreements. 7. The schedules submitted by the Shaw Poss DHM Team are projections based on best estimates, and materials submitted by the City of Aspen. Although no favoritism is expected by the Shaw Poss DHM Team, the City Agrees to mediate and assist in coordinating the various staff departments to streamline ~he entitlement process as is intended in the COWOP process for a project that brings a benefit to the public good. 8. All attached Units are being designed as condominium units. Any additions or changes to the proposed master plan as outlined in the Shaw Poss DHM Conceptual Master Plan Submittal & Conceptual Submittal Updates shall be agreed on between the Development Team and the City of Aspen in the form of either a contract amendment or an approved change order. The Shaw/Poss/DHM Team recognizes that the Burlingame project will be submitted for awards. The City agrees to recognize and credit the Shaw/Poss/DHM in award submittals. SCHEDULE ITEM RESP Council Signoff of Final Scope COA Submittal of Final Application Shaw DRC Review/Approval of Final App COA Ordinance 1st Reading COA Ordinance 2nd Reading COA Submit Final Plat/PUD Shaw PUD Agreement Approval COA Submit for Grading Permit Shaw Submit for Building Permit 1st Pod * Shaw Issue Grading Permit COA Break Ground Shaw Issue Building Permit COA Start Building Construction Shaw Duration/Taraet Date 12/13 Within 60 days COA Notice to Proceed 2 weeks to closest Wed after Submittal 2 weeks after DRC to closest lSt/3® Mon 4 weeks after 1st reading Within 2 weeks after 2nd reading/Appvl** Within 2 weeks of Submittal Within I week after Plat/PUD Approval** Within 2 weeks after plat approval** Within 3 weeks after Grading Permit submittal Within 10 days after Grading Permit Within 4 weeks after permit submittal Within 10 days of Building Permit receipt Final CO's will be complete for all buildings within 14 months of issuance of building permits, as set forth in the Developer's proposal, should these permits be issued prior to May 30, 2005 and a part II contract signed. * First Pod will encompass approximately 3 buildings. Plans will be submitted for subsequent Building permits approximately 3 buildings at a time, approximately each week until all Phase I are submitted for permit. ** Assuming no extensive changes or revisions are required. PROFESSIONAL FEES - Part II Services and hard costs to complete the Developer Contract Part II scope of work is a lump sum of $32,562,740. This amount includes the following costs for constructing Phase I of the proposed development: · Builder's Insurance · Site Development o Site prep/excavation o Roadways/paving o Sanitary sewer o Storm sewer o Water o Dry utilities · Construction of Finished Square Footage · Construction of Parking · Landscaping · Developer Fee · Contingency Any additions or changes to the proposed master plan as outlined in the Shaw Poss DHM Conceptual Master Plan Submittal & Conceptual Submittal Updates shall be agreed on between the Development Team and the City of Aspen in the form of either a contract amendment or an approved change order. BURLINGAME PHASE I SOFT COST MODEL EXHIBIT A (Continued) 11/20/2004 TOTAL SOFT COSTS $ 6,219,191 $ SHAW EXHIBIT B RATE SCHEDULE Principal Manager of Construction Services Project Manager General Superintendent Project Superintendent Project Coordinator Travel RT Grand Junction - Aspen Administrative Expense $155/hour $128/hour $112/hour $116/hour $109/hour $47/hour $175/RT 6% of each monthly billing DHM Staff Billing Rates: Principal Associate Senior LA LA DHM $120.00 $g0.00 $75.00 $65.OO BILL POSS & ASSOCIATES, ARCHITECTURE & PLANNING, P.C. Bill Poss & Associates Staff Billing Rates: Principal/Sr. Principal Associates/Sr. Associates/Sr. Project Manager Project ManagedSr. Project Architect Sr. Job Captain/Project Amhitect Job Captain Project Support Staff Technical Level I - Sr. Draftsman Technical Level [I - Draftsman Technical Level III- Jr. Draftsman Office/Support Staff Lamont Staff Billing Rates: Principal/Sr. Principal $165.00to$200.00 $125.00 to $165.00 $115.00to$125.00 $80.00 to $115.00 $70.00to$80.00 $55.00 to $70.00 $65.00 $60.00 $55.00 $45.00 $120/hr Civil, Structural, Mechanical, Electrical Subconsultant Rates apply per Firm Standard rates. Reimbursable Mark-up 10% Reimbursable Expenses include any travel, required lodging and meals, parking, printing and mailing costs, reasonable petty cash expenses (meeting refreshments, etc.), etc. Generally any items not paid directly by Owner, but paid out of pocket by CM. o Hourly rates are threshold to threshold · Administrative Expense covers costs of long distance and mobile phones, fax, copy expenses · All rates are subject to a 5% increase per annum, effective July 1 of each year