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Home My WebLink AboutB08-0277 Fogata safebuilt contract� � � �� ince � �'°'� � � � � . Bailding Department Services 1NSPECTION AND PLAN REVIEW SERVIGES AGREEMENT: � . ' SiNGLE PROJECl' SERVICES This agreement is made this �� day of _, �, between Saf�.Built Coiorado Inc., antl the Town of Vail, ("Municipality"}, 7he purpose of this Agreement is to document and clarify L'�e ser�ices SuFe �3uilf �rrili provide to the P;luricipa,ity as �:�:��1' as �he fee, in�oicing, and, payment strucfure both parties are agreeing to. Scape of Services: Safe Suilt will provide aii necessary plan reviews antl building code inspections an the project and building at the location identified below from site excavation through completion and sign-off of all inspections. The reviews and inspec6ons will encompass foundation, structural, electricai, plumbing, mechanical and life safety provisions. Ali inspections wifl be performed during narmal business hours (8;00 a.m. — 5:Q0 p.m., Monday —�riday) except t�at inspections petformed outside of normal business hours may be performed for additional compensation to be paid by the property owner. Safe Built is not obligated to Perform services beyond whak is contemplated by this agreement Any changes or additions to the scope of work shall be tlone only in writing which writing shall specifica!!y sate the additionai fees, if any, for soch changes. Safe Built is untler no obfiga6on to perform and will not perform any inspec6on services relating to site infrastructure including roads, parking lots, landscaping, drainage ar other matters nat included as building code issues. Safe Built will perform work at a level of campetency in accordance with industry standards. Building Name and Project �ocation: Fogata — Vail, Colorado � , Fee�Structure: Safe Built fees are based on the valua6on of the project as provided by the buifding awner or as calculated using irtdustry standar.d data. The fee schedule used by Safe Bailt is based on the Municipality's most current permit fee strucfure in effect as of 2005. Using this information, the fees associafed with �this project are: Fees for Revlew of Changes ta Approved Pians: All review oi' changes io approved plans will be billed at a reduced rate of $60 per hour. These charges will be approved #hraugh the Building Of�cia! and charged to the applicant by fhe Town of Vail. Reinspection Fees: in the event fhat reinspection fees become necessary, Safe Bui(t will bil! at a rate of $47 per violation. These fees wiil be approved through fhe Building Official and,charged to the applicant by fhe Town af Vai1. Fogata Contract 12 27 072 Page 1 of 3 _ _ _ _ _ Invoice & Payment StrucEure: Safe Buiit will invaice fhe Town ot Vail per the below schedule. All payments are due to Safe Buil# within 30 tlays of invoice date. Fee tnvoice Milestone °lo of Safe Built Fee to be lnvoiced Project Reposit Upon execu6on of this agreement 10°/a of total estimated plan review and building ermit fees � Phased Plan Review Fee Upon first phased permit issue 100°!0 of Safe Builf phased plan review � fee, less project deposit � Plan Review Fee First comment submitta! 5Q% of Safe Built lan review fee Plan review com leiion � 50°/fl of Safe Buiit plan review fee E(ectrica) Permit Fee Upon permit issue 100% . �— -- -- ---- , TAeCh<i?tir,�l °9rtTtiP Fpe U��n Fr� if issua 1Cp% �... � _ � P_,: �__._ � -----�-- ---�--... --------.._ . _._...._... �._I �lumbin Permit Fee � U on �rmit issue 1 Q6°o __ � Buildin�, Pemtit Fee � U on first phased errnit issue 25% _ Upon fuif buildin ermit issue 25% 6 months from dafe o# full building permit 50% issue � Okher Fees 7racked and invoiced monthl • 100% rn the evenf thaf the appGcaiion e�ires, Safe Built wilt invoice plan review complete. Municipal'rty Obligations: The Municipa(ity shall 6mely provide ali data.informafion, plans, specifications and other ma#arials required by Safe Built fo perform fhe Scope of Services. Time of Performance: Safe Built wiil perform fhe services commencing upon execu6on of this contrect and will do so iimely in the manner consistent with�indusfry sfantlards. Safe Built obligation under this confraci shall end and will be deemed completed upon fhe completion and_ sign-o#f of all inspec�ons for the projecf. Insurance: Safe Built will pravide insurance in accordance wit� the cerfi6cate af insurance previousiy submitied. This poiicy wi11 be non-cancelabfe and name ihe Town of 1�ail as addifional insured. . Indemnification: Safe Built will procure antl maint�in, at its own expense, adequate insurance againsf and to indemnify and� hold the Town of Vail harmless against any and all of the following types of claims: Claims by any Safe Built employee for compensafion, fringe benefits of any kind whatsoever, or indemnification for tort claim damages or similar claims for damage, . , G►aims by any:otl�er party for damages €or any alleged.unlawiul act or omission, negiigent or will;ul, on pari of any SAFE BUIL.T employee acting pursuant fo fhis agreement. Safe Built or its employees shall not be deemed to assume any liability for intentional or negligent acks of the Town of Vail or any of�cer, agent, or employee thereof, and fhe Town, to the e�ent permitted by law, agrees to indemnify and hold Safe Built harmless for any and ail claims arising out of such acts. Assignment: Sefe Built may not assign this.contract without the consent of the Municipality which consent shall not be unreasonably withheld. Nowever, Safe Built is permitted to subcontract por�ons of the se�vices to be provided. Safe BuiEt remains responsib(e for any subcoritractor's performance, Sobcantractors will be subjecf to the same performance criferia expected of Safe Buil#. Performance clauses.will ba included in contracts with all subcontractors to assure quality fevels and agreed upon schedules are met. . Third Party Reiiance: This agreement is intentled for the mutual benefit of the par6es hereto and no #hird party rights are intended or implied. Fogata Contract 12 27 07.2 Page 2 oP 3 Independent Contractor: Safe Buiit is an independent contractor and neither Safe Bui[t nor its empfoyees wiil be considered as employed by Muniapality. � Termination of Agreemen� If either party cancels this Agreement, Safe Built will immediafely invoice Municipa{ity, and Municipality agrees to pay, for all services rendered to Municipality prior to can�elia6on of this Agreement. Services rendered will be determined by monthly progress reports in a format agreed upon between the pa�ies. Governing Law; This Agreement shail be govemed by and consfrued in accordanca with the laws of ihe State of Coloratlo and all services to be provided wil! be.provided in accordance with applicab(e federal, state and local law. Prohibition Against Empfoying Illegat A(iens: Pursuant to Sec6on 8-17.5-101, C.R.S., ei. seq., Contractor warrants, represents, acknowledges, and agrees that: ,, Cant; actor does not knowin�ly empioy ur cci�ir"ct �eitii an ill�:yal ai�en; Con� actar shall not enter in;o a confracf with a subcnntractor inat iails to certify to Contractor that the subcontraciar shall not knowingly employ or coniract with an illegal alien; �" � Contractor has verified or attempted to verify through pa�icipa6on in �he basic pilot emplayment verification prograrn created in Pub([c �aw 208,104th Congress, as amended, and expanded in Public Law 956> 108th Congress, as amended, adminiskeretl by fhe Unifed Sta#es Department of Homeland Security (fhe "Basic Pilot Prog�am"} thaf Contractor does not employ any iI(ega( aliens. I€ Contractor is, not accepted into the Basic Pilot Program prior to entering into fhis Agreement, Contractor shall forfhwith apply fo pariicipate in the Basic Pilot Program antl shail submit to �e iown writ#en verification oP such applica6on wifhin five (5) days of the date o.f this Agreement Contractar shall continue to apply to participate in the Basic Pilot Program, and shall verify such application fo the Town in writing, every three (3) months until Contrac�or is accepted or this Agreement is completed, whichever occurs firsf. This subparagraph 3 shali be riull and void i� �he Basic Pilot Program is disconfinued; Con6�actor sha11 not use the Basic Pilot Program procedares to untlertake preempioyment screening ofjob applicants while �his Agreement is b�ing performed; � � 5. If Contrackor obtains actuaf knowletlge fhai a subcontractor perForming work under this Agreement knowingly empfoys or contracts with an illegal alien, Confractor shall noti(y such subcontractar and the Town within three (3) days that Contractor has actual knowledge that the subconh�actor is employing ar contracting with �an illegal alien, and shall terminate #he subconfrect with the su6confractor if wifhin t�ree (3) days of receiving fhe notice required pursuanf to this subsaction fhe subcontractor does not ceasa employing or contracting.wikh the illegal afisn, except that Confractor shal( not terminaie the contract wifh fhe subcontractor if during such three (3} days the subcontractor provides information to establish that fhe subcontractor has not knawingly employed or contracted wi#h an illegal alien; Contractor shalf compfy wifh any reasonable request by the Colorado Department of Labar and Employment {the "Deparlmene'} made in the course of an inves6ga�ion #hat the Department undertakes or is undertaking pursuant to the authority estabiished in su6sec6on 8-17.5-102 (5y, C.R.S; and If Contractor viola#es any provision of this Agreement pertaining to the du6es imposed by subsec[ion 8-17.5-� 02, C.R.S. the Town may teiminate this Agreemank and Con#ractor sha(f be 1ia61e for actual and consequen6al damages fo ths Town arising out of said viola6on. Town of.Vail Mr. Sta mler, Town Manager Date: �l�/� Safe Built Colorada, lnc. BY� .'=� Mike c urd�e, Pres�dent Date: d ! �/,�� Fagata Contract l2 27 07.2 - , Page 3 of 3 � � �ow�o�� Offxce af the Town Attorrzey � 7'S South Frontrtge Raad Vai� Colorudo 81 G57 7anuary 14, 2008 970-479-2106 FAX 970-479 2157 www. vailgov. com Safe Built Inc. . � Municipal Building Department Services Mike McCurdie 561 E. Garden Dr., Unit B. Windsor, CO. 80550 Re: Fogata Dear Mi.ke: Enclosed, please find an executed original of fihe above mentioned agreement between Town of Vail and your organization. Once the agreement has been signed, please ret� one iully executed copy to our office. Should yau have any questians please contact our office at (970) 4'19-2460. OFFICE OF T(JWN ATTORNEY ' . 7. MATT�IEW MIFF2.E Tammy Nage Lega1 Ass •an`�t � C� Enclosure �"�� nscrczEnr.4nEn e r :� �1� �� Department of Community Deve%pment Bullding Safety and Inspection Services 75 South Frontage Road �aIl, Co%rado 8.7657 970-979-2138 PAX 970-479-2452 www. vaflgov, com REVISED 3/i3/2008 3:15 PM March 13, 2008 Mr. Axel B. Russell The Wells Partnership 7951 E. Mapiewoad Ave. Greenwood Village Co 80111 Dear Mr. Russeli, Listed below are calculations far permit fees for the Fogata �odge Project. These fees have been calculated based on the valuation and revised approach provided to us in an email dated 03/12/08 from Doug Thompson of Nyder Construction, The plan check fee has been calculated at 65% of the building permit fee based on the disclosure that this project will no longer be a phased/fast track project. . �' � ��' ��. r , • � � �:, .�., �,. �;M. . �� . �� Projected Valuation $94,0OO,OQ0.00 T.O.V. Building permit fee: $345,�58.75 T.O.V. Plan check fee: $224,288.18 � Total Fee: $569,346.93 (excludes other fees i.e. rec.fees) Q�3�ZSl��SafeBuilt Retainer Fee $38,646.58 (Retainer fee charged by SafeBuilt to accept preliminary meetings) SafeBuilt has requested a 10% deposit to be paid up-front prfor to accepting this project for any type of review. The Town will be invoiced far this fee prior to accepting this project. The retainer fee is based on the total contract value between the Town and SafeBuilt and is not an additional charge to the applicant. The Town shall require that 1 �% deposit to be paid by the developer prior to any review occurring for this project. The Town will in turn reduce the total fee due by the developer at the time which the building permit is released for construction. � Fee1 free to contact me with any questions that may arise. ' Best Regards, C ie v' ief Building Official Town of Vail Building Safety and Inspection Services 970-479-Z142 cdavis@vaiigov.com � i � .i ` ,i ; �" i/' ,i ; :/ March 17, 2008 Mr. Charlie Davis Chief Building Officiai Town of Vail Department of Community Development Building, Safety and Inspection Services 75 South Frontage Road Vail, Colorado 81657 Re: 2203 Strata Vail Lionshead - Vail, Colorado SafeBuilt Retainer Fee Plan Check Fee Tlie Wei(s Partnership, Inc. Project Management / Construction Management Consulting 7951 E. Maplewood Ave., Suite 200 Greenwood Village, Colorado 80111 Plione (303) 892-6662 FAX (303) 770-G830 Dear Mr. Davis: In accordance with your letter dated March 13, 2008 regarding the required SafeBuilt retainer fee on the above referenced project, please see our enciosed check for $38,646.58. We understand that with this payment, the TOV wili allow consultation with beiween our design team, the TOV and.SafeBuiit. Thank you for your cooperation to date on this project. We look forward to our continued association toward making the Strata Vail project a success. Sincerely, The �'ells Partnersliip Axel B. Russell Vice President Enc.: Check # 1049 TOV letter dated 3/13/08 C: Mr. Bobby Butler — The Wells Partnership — with enclosure Mr. Doug Thompson — Hyder Cons#ruction with enclosure Ms. Heike Kerbs — OZ Architecture — with enclosure Mr. Dominic Mauriello — Mauriello Group — with enclosure Mr. Rocky Cortina — Lionshead Inn, L�C — with enclosure 2203-2001 Denver, Colorado LIOIVSHEP►D INN, LLC. C/O CORDES & COIVIPANY 4949 S. SYRACUSE ST., STE 375 DENVER, CO 80237 (303) 721-8755 FIRSTBANK VAIL VAIL, CO 81657 82-151-1021 1049 ' ; I 3/14/2008 � O DER OF Town of Vail �**38,646.58 Thirty-Eight Thousand Six Hundred Forty-Six aI1C� SH��.00�`�a`�'�'�'�'a`�"f`�`�'*�`�'��`�"�`x`�'�a`k�'�`�'�`'�`�`��'��'�`�'a"1`�'�`"�`a` DOLLARS Town of Vail 75 South Frontage Road Vail, CO 81657 Atm: Lynne Campbell MEMO SafeBuilt Retainer Fee ��°00 �049�� m b0 2 L015 b9o0 2 29503 L.IONSHEl�D IiVN, LLC. Town of Vail Date Type 3/14/2008 Bill Reference Ori�inal Amt. 38,646.58 3/1 "r/2008 Balance Due Discount 38,646.58 Check Amount 1049 Payment 38,646.58 38,646.58 lst Bank of Vail SafeBuilt Retainer Fee 38,646.58 Town of Vail Department of Community Development � 75 S. Frontage Road Vail, CO 81657 Name: �,�(S�S V�-��v1+--� �..�- Receipt No. �`� � � Address: Project: Date � / ��j � � Please make checks payable to the TOWN OF VAI� Account No. Item No. Code # Cost Each ' 001 0000 314 1110 Address Maps ZA $5.00 * 001 0000 314 1110 Zoning Maps ZA $20.00 * 001 0000 319 4400 Custom Maps * 001 0000 314 1112 Other Code Books CB * 001 0000 314 1211 Blue PrintslMylar Copy Fees BF * 001 0000 314 1111 Xerox Copies 001 0000 314 1111 Master Plan 001 0000 314 1111 Studies, Master Plans, etc. 001 0000 312 3000 Contractors License Fees 001 0000 312 3000 Contractors License Fees - RENEWAL 001 0000 240 3300 Developer Improvement Agreement Deposit D2-DEP10 001 0000 312 1000 Restaurant License fee (TOV) 001 0000 230 2000 Spec. Assess.-Restaurant Fee to Co.Dept.Rev. 110 0000 314 1115 Resale Commission t�� oUob3i� l Z-��o Other - ' (� 4 �Z,• Other - Other - Other - Other - 001 0000 201 1000 Taxable @ 4.4% (State) - Tax payable 001 0000 310 1200 Taxable (c� 4% (Town) - Retail Sales Tax * all items charged tax Ne speed code for 001-0000-319-44-00 Comments: Gash � U� Money Order # Check # c) � m � � m � m m m m � � m � ,� � _� ■�s TOTAL: 'jit��i Received by: �- f/cdev/forms/admin/sales_action form_2007 1/5/06 � � rn � 0 � �� u, v, �� a�� M M � � O � � O � O ` .� � �� Q Q M V N � � � Q�U U �O � � � M W � � �� •� M .� O a� U L'. � N 4� N (�-+ V J � cti � J' t1 .'�.—.. z � E—' FA � Q � o0 O � W F,, o � �? v- � �� Q M � � � � �►- � � M � w � � .� �.� � � ' � � ..., � 4'A �c � � � ' O x � � � , � � �Dt9ii p i �81 ? #-nt% ��i]��I�i��{ F{�'.G�L��t'{{ �.'"��-,°' ki�er°� y3��!U�� i`��,ea FA ll;�aGaer: 1 ltdi �: �1��/$ta C�! Rece � pt i,G: �;;86 L'vscr�ipt?on L�uair�kity Nur,at-,t h1�; 1�11SCtLL�Ii�lEOJS 1, ��i� �:;5646, �8 t;1L �uccount nu�a�er•: ��i � 1��l�"��u17. ��i��.9 LI�:iC�1�NtHJ 1;�hJ � 11�;• U�:f-' FUis aG!-c��U1L-1 �icU�Il4 JF��7-!]��Cj3 i�Qli�lfF11S3tfRifl � ��ituE�� ic�1� C�( �I;E1;K 1�r4� ��b64�.58 r�t�l te�� .�,��.�s T�zal payrer�� :5�t646_ ��8 fr�lis 1�?�ee ,�l�6{��B iit�e: 1��J¢�;ll THHfI� 'ICaLt F�GIi 4'Ul1is �'�tYh1kIU#' $ � OF V � Department of Community Development 75 South Frontage Rou.d Uail, Colorado 81 G57 970-479 2138 FAX 970-479 2452 www. vailgov. com March 25, 2008 Mr. Axei B. Russell The Wells Partnership, Inc. 7951 E. Maplewood Ave., Suite 200 . ------ - ---Greenwood Village,—GO-80111 Re: 2203 Strata Vail DEV07-0003 Dear Mr. Russell, Enclosed is the receipt for the 1 �% deposit for SAFEbuilt's plan review contract on the above mentioned project. The $38,646.58 will be credited to the plan review fees upon receipt of the building permit application into our tracking system. If you have any questions do not hesitate to contact me at 970-479-2150. Sincerely, �7� � �l �-� �'e.-2''�-- "6 Lynne Campbell Office Manager enclosures �� RECYCLED PAPER