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Home My WebLink Aboutresolution.council.043-05 RESOLUTION NO. Series of 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE PART ONE CONTRACT, BETWEEN THE CITY OF ASPEN AND SHAW-POSS-DHM, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO APPROVE SAID CONTRACT AMENDMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a change order to the Part One Contract between the City of Aspen and Shaw-Poss DHM in the amount of $1,911,084.00 for certain "soft costs" for the construction of Burlingame Ranch; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves a Change Order to increase the contract price by $1,911,084.00 of the Part One Contract, between the City of Aspen and Shaw-Poss-DHM. A copy of said Change Order is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to approve said Change Order of behalf of the City of Aspen. ADOPTED by the City of the City of INTRODUCED, READ AND ~o~jacil~ Aspen on the/~ay o~2005. I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the the day here above stated. City of Aspen, Colorado, at a meeting held on 'Kathryn S. Ko~ ~ity Clerk TLO- saved: 6/7/2005-271-G:\tara\ResosXBurlingame Ranch contract amendment doc A~rACHMENT A CC APPROVED CHANGES TO ORIGINAL PLAN ORIGINAL CC Approved Additions 2.01 Extend "Bluff Trail" along North Edge 98,600 2.03 Conduit to future street lighting 62,484 2.04a Two street lights at each (2) intersections in PHI 99,702 2.06 Install additional transit stop/trash 38,400 2.20 Underground system, ditch, reclaimed, and domestic water option.· 325,000 6.02 Solid surtace tops @ Cat 2-4 in lieu of laminate (kitchens) 157,248 6.03 Solid surtace tops (~ Cat 5-7 in lieu of laminate (kitchens) 231,840 8.04 Clerestory windows at select units 36,000 9.01 Bamboo finishes in units living rooms cat 5-7 in tieu of carpet 177,840 9.02 Bamboo finishes in units living rooms cat 2-4 in lieu of carpet 275,796 9.03 Bamboo finishes in units kitchens cat 2-4 in lieu of linolieum 51,480 9.04 Ceramic tile in lieu of linoleum in bethrms cat 2-4 28,980 9.05 Babmoo finishes in kitches cat 5-7 in lieu of ceramic tile 112,320 9.10 Tile surrounds in bathrooms in lieu o fiberglass enclosures 2-4 114,048 9.11 Tile surrounds in bathrooms in lieu o fiberglass enclosures 5-7 164,160 15.01 Alternate tub using cast iron in lieu of fibarglass cat 2-4 units 95,040 15.02 Alternate tub using cast iron in lieu of fiberglass cat 5-7 units 164,160 17.01 Commons Euilding Shell built in PHI 564,768 17.02 Change live-work units to conventional units 181,120 SUBTOTAL 2,978,986 Contingency -- (10%) 297,899 Developer Fee of 2.5 % 74,475 Jun-05 REVISED CHANGE IN ESTIMATES for COST (from CC Approved original Changes estimate) 98,600 62.484 25,096 (74,606) 79,716 41,316 394,971 69,971 157,248 231,840 53,022 17,022 221,530 43,690 332,213 56,417 66,856 15,376 36,120 7,140 165,599 53,279 114,048 164,160 95,040 136,800 (27,360) 564,768 181,120 3,181,231 202,245 318,123 20,225 79,531 5,056 $ 3,351,359 $ 3,578,885 $ 227,526 ** This item was a request of the Cit~ Council to keep all ~radin~ within the Phase I boundary. PUD APPLICATION REQUIREMENTS - ADDITIONAL COSTS PUD Additional Costs 2.24 In-line cont roi valve (for water line) 6533 2.27 Barrier fence/erosion control for protecting area outside of PHI 66177 2.28 Level spreaders to reduce erosion 100822 2.29 Root barders (49 trees in ROW 5If barrier/tree 24" deep panels) 11644 2.30 Landscape manual & weed management plan for HOA 10935 [~ 196,111 Contingency - (10%) 19,611 Developer Fee of 2.5 % 4,903 $ 220,625 Odginial CC Approved items $ 3,578,885 PUD Items $ 220,625 TOTAL IF ALL ITEMS APPROVED $ 3,799,610 FINAL SOFT COST ALLOCATION Permits Building Permits Plan Review Fees Energy Code Impact Fees Water Tap Sewer Tap School Park for RO Lots Transportation Holy Cross Gas Increase from Original Budger to Current Mark-Up TOTAL Shaw's Original Budget 88,828.00 57,738.00 8,883.00 963,148.00 322,507.00 21,938.00 339,500.00 g0,000.00 75,000.00 1,967,542.00 2.50% 2,016,730.00 Shaw Proposes become COA Responsibility 88,828.00 57,739.00 8,883.00 1,616,352.00 322,646.00 157,517.00 339,500.00 90,000.00 75,000.00 2,756,465.00 ~;l~i~ $ir~t ~menbment, made and entered into on June 13, 2005, by and between the CITY OF ASPEN, 130 S. Galena Street, Aspen, Colorado 81611, hereinafter called the "City", is hereby amends the Part 1 Agreement as follows: Developer: Shaw Builders LLC 760 Horizon Drive Grand Junction, Colorado 81506 For the following project: Budingame Ranch Affordable Housing Development Stage Road, Aspen, Colorado A master planned affordable housing development consisting of three phases of construction, totaling 236 residential units and lots. AMENDMENT ARTICLE 8 PAYMENTS AND BASIS OF COMPENSATION 8.5 The total amount for Part 1 Agreement shall total lump sum amount of $4,483,070. This amendment is based on: · The original Part 1 lump sum amount of $2,241,872 plus Change Order #1, $206,714. · Part 2 Soft Costs reallocated to Part 1 for an increase of $2,034,484 ($1,911,084 + 6.5% contingency) This increase reflects a change in scope of work as well as a movement of soft costs from the Part 2 contract to the Part 1 contract. The Scope of Work now includes the following list of City Council approved additions and City Council approved Planned Unit Development (PUD) application requirements. Similarly, Part 2 of this Agreement requires the Developer to hold a Performance Bond for construction. The cost of this bond is a cost to the City. By reallocating the Soft Costs from Part 2 of this Agreement to the Part 1, the Performance Bond amount is reduced and therefore reduces expense to the City. Therefore, Soft Costs in the amount of $1,911,084 (plus 6.5% contingency) previously associated with Part 2 are hereby reallocated to Part 1. (See Attachment "A':) WITNESS WHEREOF, the parties agree hereto have executed this Part 1 Agreement on the date first above written. ATTESTED BY: Title: RECOMMENDED F~OR AI~PROVAL: City Asset Management Department CITY OF ASPEN, COLORADO APPROVED AS TO FORM: City Attorney ATTESTED BY: Title: DEVELOPER: 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. BURLINGAME PHASE I TOTAL COST- DEVELOPMENT MODEL 6/10/2005 TOTAL DEVELOPMENT COSTS ACQUISITION Total Acquisition Costs Provided by City No Cost HARD COSTS Total Site Development Costs Total Site Amenities Total Building Costs SoladPhotovoitaics Total CORE subsidies assumed in program $ 4,009,394 $ 157,500 $ 21,656,790 $ 77,750 $ (381,000) TOTAL HARD COSTS $ TOTAL SOFT COSTS Part 2 Contract $ TOTAL CONTINGENCY $ DEVELOPERFEEincludingCouncil/PUDApprovedchangesat2.5%fee $ TOTAL DEVELOPMENT COST PART2 25,520,434 1 911 ~6~' Adjusted 2,612,668 Adi.s~ed 726,138 Agj.sted $ 30,770,7O9 TOTAL CONTRACT PART 2 TOTAL DEVELOPMENT COST PART 2 City Council Approved Changes PUD Approved Changes Warranty Reserve adjusted for changes CORE Subsidy TOTAL AMOUNT CONTRACT PART 2 $ 30,770,709 $ 3,181,231 $ 196,111 $ 288,454 $ 381,000 $ 34,817,506 PART 1 TOTAL PART 1 CONTRACT Finalized Authorized Changes to Part 1 Contract TOTAL COSTS PART 1 Contract =ART 2 HARD COSTS Total Site Development Costs Total Site Amenities Total Building Costs Solar/Photovoltaics Warranty Reserve adjusted for changes City Council Approved Changes PUD Approved Changes Developer Fee Contingency $ 2,241,872 $ 206,714 $ 4,009,394 $ 157,500 $ 21,656,790 $ 77,750 $ 288,454 $ 3,181,231 $ 196,111 $ 726,138 $ 2,612,668 $ 2,448,586 Original RFP Original RFP Original RFP Original RFP Adjusted for added scope accounts for 2.5% credit on OOA soi~ costs Adjusted for added scope IHARD COSTS PART 2 CONTRACT ITOTAL SOFT COSTS Part 2 Contract SOFT COSTS PART 2 CONTRACT TOTAL PART 1 & PART2 $ 32,906,036 $ 1,911,469 $ 34,817,506 $ 37,266,092 Pending Authorized Changes for Part 1 Soft Costs Contract $ 123,400