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HomeMy WebLinkAboutresolution.council.084-00 RESOLUTION NO. 000) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING A CONTRACTURAL AGREEMENT BETWEEN THE CITY OF ASPEN AND SHAW CONSTRUCTION, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado and Shaw Construction, a copy of which contract is annexed 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 the contract between the City of Aspen, Colorado, and Shaw Construction. regarding the Pre-Construction Contract for the Iselin and Tmscott Projects, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said contract on behalf of the City of Aspen. Dated: ~ ~ ,2000. achel Richards, yor ' I, Kathryn 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 ~ /o~ ,2000. Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN. Colorado, ("City") and Shaw Construction of Grand Junction ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform m a competent and professional manner the Scope of Work as set forth ar Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to t/tis agreement shall be completed in coordination with the City and the desXgn teams for the projects. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not. except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed. City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed m by the parties the payments made to Professional shall not initially exceed $235.000.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and. if they are considered incorrect or untimely, the City shall rewew the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability: Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts. errors, omissions or neglect of any subcontractors officers. agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for paymem of any sums due which may be due to any sub-contractor. PSI-971.doc Page 1 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving' notice, in writing, addressed to the other party, specifying the effective date of the termination: No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City: Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact mount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional 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 arising 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, if 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 Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the PS1-971.doc Page 2 Professional. or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional. 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. 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 Professional for the portion of the judgment attributable to such act. omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional 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 Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 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. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minknum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained ro cover all liability, claims, demands, and other obligations assumed by the Professional pursuant ro Section 8 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. (i) Worlonen's Compensation insurance ro cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minnnum 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 stares may be substituted for the Workmen's Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minnnum 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 contractors, products, and completed operations. The policy shall contain a severability of interests provision. PSI-971.doc Page 3 (iii) 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 ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned m or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the mum limits of ONE MILLION DOLLARS ($I,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate, (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and nor contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions. and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages 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. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, 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, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against mon~es due to Professional from City. (f) City reserves the fight to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend ro waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600.000 per occurrence) or any other rights, immunities, and PS1-971.doc Page 4 protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S.. as from time m time amended, or otherwise available m City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City ~s a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Deparunenr and are available m Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. i 1. Completeness of Agreement. It ~s expressly agreed that this agreemem contains the entire undertaking of the parties mlevani to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project maner thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered m the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: Ed Sadler. Asset Mgr. Clark Atlcinson, partner 130 S. Galena 760 Horizon Dr. Aspen. CO 81611 Grand Junction. CO 81506 (970) 920-5085 (970) 242-9236 13. Non-Discrimination. No discrimination because of race, color, creed, sex. marital stares, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons ro perform services under this comract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term. covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term. covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional m which the same may apply and. until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, admini.~trators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the PS1-971.doe Page 5 City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. General Terms. (a) It is agreed that neither this agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended. waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations [o this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three cop~es each of which shall be' deemed an original on the date hereinafter written. [SIGNATURES ON FOLLOWING PAGE] PS1-971.doc Page 6 ~h~t.~ ~unszr_tut~un GJ Fax : 970-241-5618 ~un ? '00 8:30 . .0~, ATTESTED BY: CITY OF ASPEN, COLORADO: Title: ~__ PROFESSIONAL: WITNESSED BY: ~l~IkoJ C~lqST'~.Oc"rT o,q : rifle: Date: O.g. oo P$1-~71.doe Page 7 SHAW CONSTRUCTION SUMMARY OF CM SERVICES In summar~ our services during Pre-Construction will include the following: * Cost Estimating Scheduling Schedule Management Constructability Review & Design Coordination · Systems Analysis, Value Engineering & Life Cycle Costing · Procurement Services leading to a GiMP ***The scooe of these services is more fully defined in this ~rooosal. In summary, our services during Construction will include the following: · Labor & Material Quality Control I · Schedule Comrol · Construction Completion within a Guaranteed Maximum Price (GMP) for each project · Project Closeout & Warranty Management If the projects are postponed, canceled; or if Shaw is terminated with cause for any reason during the Pre-Construction Phase. the City of Aspen will not be obligated to pay any cancellation fees, but will remain responsible for paying for the services rendered to date, In the event the projects are canceled after Shaw has made contractual commitments to other parties, (and if Shaw has secured the permission by the Asset Manager or designated representatives for those contractual commitments), the City will remain responsible for assuming the liabilities of Shaw in discharging those liabilities. THE PROJECT PREVIEW ] PRE-CONSTRUCTION SER VICES Shaw anticipates meeting on a bimonthly or weekly basis with Design Team members and the designated representatives fi.om the City of Aspen to develop and manage an agenda and plan of action that will culminate m project success. The following services will result from these meetings. ~ Cost Estimating ~' Scheduling ~ Schedule Management ~ Constructability Review & Design Coordination ~ Systems Analysis, Value Engineering & Life Cycle Costing ~ Procurement Services leading to GMP Estimating Shaw will prepare a Schematic and a GMP estimate for the AGTC, TAH and IPPI projects. Detailed estimates are prepared m the CSI format, using Timberline estimating software, by performing quantiw surveys for all building components. Each project estimate wilt require 3 - 4 weeks to complete, and will be compiled in collaboration with the City and Design Team. Shaw has always maintained a complete Open Book Policy to our Clients and their consultants, provided that the information is treated as proprietary and confidential to the project Team. All worksheets, estimates, subcontractor quotes, etc are available at all times to the Owner and team. Cash flow models will be prepared for each project during this phase of the services. Scheduling Shaw will prepare a Master Schedule for each individual project incorporating milestones for design, permit, long-lead procurement. Shaw will also prepare a preliminary construction schedule for each project. Pre-Construction schedules will be developed with Team input, so that critical design, cost estimate, material procurement and permit submittal Milestones are identified and met. A preliminary staging and lo, sties plan will be prepared for each project during this phase of the services. All schedules are prepared using the Critical Path method, using SureTrack or On Target scheduling soft-ware. Schedule Management Shaw will assist the Owner in managing the Design Team and related consultants to meet the schedule. Regular face-to-face interacuon in a disciplined weekly Team Meeting, with a prescribed agenda is essential to project success. The City of A~pen should have a designated representative at each of these meetings to help ensure that all parties are meeting the schedule; Shaw will assist in "pushing" the schedule to meet all required deadlines. Constructability Review & Design Coordination Shaw will perform a Constmctability Review ~t Schematic and GMP stages of design. The first stage is a dynamic dialogue between the Design Team and Shaw, as Shaw acts as a continuous source of feedback for questions and research regarding the detailing of project, components. The benefits of this dialogue ultimately result in simplified details that increase worker productivity and decrease project schedules and costs. The second stage takes place when GMP documents are complete. Shaw will perform a eonstructability and design coordination review, will redline drawings for Design Team coordination and modification. Shaw cannot ensure 100% coordination, and the Design Team must play it's role in coordinating documents, however, this service historically results in reduced change orders and more efficient construction sequencing by reducing design coordination errors. SFstems AnalFsis~ Value Engineering & Life CFcle Costing, Shaw will evaluate schematic drawings for each project and help the Design Team resolve the most cost and functionally efficient systems for civil, structural, and MEP The Team systems. Design may be asked to provide preliminary sketches or schemes for Shaw to evaluate these systems. Value Engineering of systems for foundations, structural framing, waterproofing, electrical and mechanical components etc., will be analyzed in the context of the functional and aesthetic needs for the project. We win identify alternative systems which simultaneousiy achieve the programmatic requirements, the architectural design intent and which achieve the budget. Structural locations for shear cores/circulation cores are reviewed. Material and labor availability, cost and speed of Construction are reviewed for C~, Precast, CMU, composite steel, steel barjoist and light gauge steel assemblies and building components. Resultant system assemblies which are part of the various structural systems are reviewed for cost, performance, speed of construction and constmctability. Shaw will constructively challenge the structural engineer to minimize costs of the structural design, and to think about the inherent problems of coordinating MEP components. We like to engage MEP subcontractors in this dialogue as early as possible, with as much detail as coordinating the review of steel shop drawings with MEP trades for locating shop reinforced penetrations to save money and time later. Roof designs, waterproofing and details are carefully reviewed to reduce or eliminate ice damming and drainage problems which pose long term maintenance headaches. Life cycle costing will evaluate various systems to help the Owner make long-term value decisions based on capital costs versus maintenance costs for various components. The important variables affecting Life Cycle costing include: * Building Performance · Ergonomic/User Performance and Time & Motion/Productivity Studies * Building Quality · Building Function · Time of Construction/Financing costs · Capital costs vs. Maintenance costs/Payback durations PROCUREMENT SERVICES Shaw will complete a GMP estimate leading to a GMP contract for each project. Due to the restrictive labor pool in Aspen and the national shortage of qualified construction labor, Shaw.will notify key subcomractors in the early design phases Of the project. This promotes a strong interest in the project by !(ey subcontractors m begha reserving capacity. Although subcontractors know they will be bidding against other qualified competitors, this "promotional psychology" has benefitted numerous projects in the past. Subcontractor and Material Procurement Shaw has a database of over 2,000 subcontractors and vendors state-wide which will be referenced for competitively bidding all subcontract trades. When construction documents are complete, Shaw will prepare an Invitation to Bid to all subcomractors, The Invitation includes a description of the project, a preliminary schedule, clarifications to the documents. A set of documents is sent to the Denver and Grand Junction Offices, and to ABC Plan rooms to make documents available to a wide range of subcontractors. All bids are taken on a competitive basis. We will solicit at least three bidders in all major categories ofwork. Bids are received and reviewed. All documents axe thoroughly reviewed and a list of"descope" questions prepared each category of work. Final for awards are made after reviewing the bids, completing the descope and making fmai adjustments to the bids so that "apples are compared to apples". Letters of intent are issued as necessary to reserve capacity, to lock material pricing, etc, and subcontracts are ,arritten for all scopes of work. Insurance, Worker'~ Compensation certificates and OSHA required safety [] programs are secured for all subcontractors. iii SHAW CONSTRUCTION PHASE I - CM PRE-CONSTRUCTION SERVICES FEE The scope, duration and total hours represented in this Proposal are based on our discussions with City Staffto date, and represent our current understanding of your needs. We propose that the PHASE I services be rendered on an hourly basig umil such time that the first Cost Estimate is complete and the first Design Program for each project is accepted by the City. At such time, and notwithstanding minor modifications to the approved program, we will have a mutually clear understanding of the total Pre- Construction Services scope, and will "tm" the balance of our PHASE I Pre-Construction fees based on the same rates represented in this Proposal. All services for this phase will be as shown on ScheduLe A - PHASE I; CM PRE-CONSTRUCTION RATES FOR AGTC, TAH, [PPI PHASE I services will be complete when a GMP for each project is defined. Monthly statements for services will be made to the City of Asperb for payment within (10) business days. The following estimates for Pre-Construction Services follow: )' Detailed Proposal for Preconstruction Services for the AGTC based on a 5 month schedule ~' Detailed Proposal for Preconstruction Services for the TAH based on an 8 month schedule > Detailed Proposal for Preconstruction Services for the [PPI based on a 7 month schedule CONSTRUCTION SCHEDULEA CITY OF ASPEN .CM PRE-CONSTRUCTION RATES FOR AGTC, TAH~ IPPI Principal $140fnr Manager of Construction Services $115far Pre-Construction Project Manager $100far General Superintendent $100/hr Travel RT Gl- Aspen $160/roundtfip Reimbursable Expenses Cost plus 10% Overtime Rates 1.5 x base rate Admini~xative Expense 6% of each monflfly billing NOTES: *:o Reimbursable Expenses include any travel required todging and meals, park/ng, prmUng and mailing costs, reasonable petty e~h expes~es (meeting refreshments, etc) e~c. Generally any kerns not paid directly by Owner but paid out of pocket by CM. .:o Hourly rates are threshold to threshold .:o Admimstra~ve Expense covers costs of long distrmea and mobile phones, fax. copy o:o All rates are subject to a 5% increase per anmtlll, ef~ve January 1 of each year -:- Overtime Rates do not apply to Principal or Manag, r of Conmmc6m Servic~ .I S}]AW CONSTRUCTION PHASE H - CM AT-RISK CONSTRUCTION SERVICES FEE At such time that the Cky desires to enter into a conswaction contract with Shaw, with a Guaranteed Maximum Price (GMP) for each project, the total cost of the project will be fixed with a corresponding workscope. The GMP corm'act Agreement will be based on mutually acceptable terms (an sample format has been furnished to the City Attorney and is enclosed). The construction contract agreement will include the following features: ~. All subcontracts and material purchases will be subcontracted or purchased directly by Shaw Construction. In an open-book format, all subcontracts and major material purchases will be competitively bid or competitively negotiated, and will be reviewed with the City designated representatives prior to award. In tandem with the City of Aspen, Shaw will determine which subcontractors will reqmre performance & payment bonds. ~ Accounting and all payment functions will be performed by Shaw Construction. Costs for accounting and data processing functions will be budgeted in the construction General Conditions as shown in Schedule B - PHASE II; CM CONSTRUCTION PATES FOK AGTC, TAH, IPPI. Subcontractor and Vendor payment applications and invoices will be reviewed and approved by Shaw. ~- General Conditions will be specific to each project and are a cost of the work. All labor, materials and subcontracts for the work will be at cost plus the CM At-Risk Fee. Rates shown on Schedule B - PHASE II; CM CONSTRUCTION PATES FOR AGTC, TAIL IPPI will be included in the General Conditions, as required, and will be included in the cost of the work plus the CM At-Risk Fee. > CM At-Risk Fee. Our Fee for'CM services during PHASE II will be 3.75% of the total devetopmem cost. The total development cost is defined as hard costs (generally costs included in Article 5, 7, and 14 of the AIA Ill Agreement such as labor, materials, subcontracts, and agencies), plus sof~ costs (costs of permits, testing and inspecuons, furniture, f~-'tures and equipment, and fees for design, other consultants and CM pre-construction fees) excluding land and excluding Owner in-house staff payroll. P Warranty Liability - Shaw Construction will be responsible for all costs of warranty for non-performing subcontractors and materials, and for any work performed by Shaw. Warranty liability reserve will be a reimbursable cost of the work at a rate of 0.41% of the GMP for assuming the at-risk liability of the warranty. General & Liability Insurance - Shaw will secure general liability insurance for the projects to protect Shaw as Construction Manager, and will list the City of Aspen as an addkional insured. Design professionals need to secure their own E&O insurance. Insurance will be a reimbursable cost of the work at the rate of 0.36% of the GM? for assuming the risk of insurance. Performance & Payment Bond - If required, the rate for payment & performance bond fi-om Shaw (excluding the costs of subcontractors and vendors) will be a reimbursable cost of the work at the rate of 1.06% of the GMP. Contingency will be included in the GMP for each individual project. The amount depend on of completion drawings. will the state of the A savings-split clause will be included in the contract as an incentive to Shaw to save costs and complete the project below the GMP during procurement and construction. At the end of construction and final statements of costs, seventy, percent (70)%) of any savings resulting fi-om the GMP, if any, will be allocated to the Owner. SHAW CONSTRUCTION SCHEDULE B CITY OF ASPEN CM CONSTRUCTION RATES FOR AGTC~ TAll, IPPI Principal $!40/hr Manager of Construction Services $115/hr Construction Projec~ Manager $100far J Assistant Project Manager $75/bx General Superintenden~ $100/hr Project Superintendent $90]hr As~i~rt Superintendent $65/hr Proj~ Accountant $55.thr Proj~ Clerk $40/hr Saf~ Diroc~o~ $80/ha' Travel RT GJ - A~en $160/roundtrip Ow~dm~ Rat~ 1.5 x ba~o rat~ Sup~fint~d~r~ Track ('mci mil~g,) Field ¢on'~uter Hardware/Sof~are/VPN $265hno/~ti~m NOTES: -;* R~nnbursable Expenses include any travel required lodg/ng and meals, parking, printing and m~iling COSr~, reasc~abte petty cash expenses (meeting refi'~hmentz, e~c) e~c. Any items not paid dire~tl, y by Owner hot paid ou~ of pocket by CM. *:o All rates are subject to a 5% increase per anmmx, effective January 1 ofeach year -:o Hourly rates are threshold to threshold *:o Overtime Rates do not apply to Principal or Manager of Canstructica Services