HomeMy WebLinkAboutresolution.council.089-08RESOLUTION #~
(Series of 2008)
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
ASPEN, COLORADO, AND DHM DESIGN SETTING FORTH THE TERMS
AND CONDITIONS REGARDING SITE PLANNING AND ENGINEERING
SERVICES FOR BURLINGAME PHASES II AND III 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 DHM Design, 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, DHM Design regarding Site Planning And
Engineering Services for Burlingame Phases II and III 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: ~,~ ~ ~~,~
Michael C. Irelan ,Mayor
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 September 22, 2008.
/ ~~~~
ryn S. Koch, City Clerk
AGREEMENT FOR PROFESSIONAL SERVICES
This Ageement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and DHM DESIGN ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agee as
follows:
1. Scope of Work. Professional shall perform in a competent and professional manner
the Scope of Work as set forth at Exhibit "B" 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 caze and the orderly progess of the Work
in a timely manner. The parties anticipate that all work pursuant to this ageement shall be
completed no later than SEE EXHIBIT "B". 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 ageed to by the parties the payments made to Professional shall not initially
exceed $205,252.00. Professional shall submit, in timely fashion, invoices for work performed. The
City shall review such invoices and, if they aze considered incorrect or untimely, the City shall
review the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assi aai bility. Both parties recognize that this contract is one for personal
services and cannot be transferred, assigned, or sublet by either parry 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 ageement. 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 payment of any sums due which maybe due to any sub-contractor.
PS1-971.doc Page 1
5. Termination. The Professional or the City may temminate this Agreement, without
specifying the reason therefor, by giving notice, ui 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 fmished 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 flee City may withhold any
payments to the Professional for the purposes of set-off until such time as the exact amount of
damages due the City from the Professional may be determined.
6. Covenant Against Continent 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 aze 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, aze 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 aze 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 Professional, or which arises out of any
workmen's compensation claim of any employee of the Professional or of any employee of any
PS1-971.doc Page 2
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 reimbwse 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 reimbwse 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 Inswance. (a) Professional agrees to procure and maintain, at its own
expense, a policy or policies of inswance sufficient to inswe 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 inswance 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 failwe to procure or maintain insurance, or by reason of
its failure to procwe or maintain insurance in sufficient amounts, duration, or types.
(b) Professional shall procwe and maintain, and shall cause any subcontractor of the
Professional to procwe and maintain, the minimum inswance coverages listed below. Such
coverages shall be procwed and maintained with forms and insurance acceptable to the City. All
coverages shall be continuously maintained to cover all liability, claims, demands, and other
obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-
made policy, the necessary retroactive dates and extended reporting periods shall be procwed to
maintain such continuous coverage.
(i) Workers' Compensation inswance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this contract, and
Employers' Liability inswance 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-inswed status maybe substituted
for the Workers' Compensation requirements of this pazagraph.
(ii) Commercial General Liability inswance with nvnimum 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.
(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 occun•ence and ONE MILLION DOLLARS ($1,000,00-
PS1-971.doc Page 3
0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles
assigned to or used in performance of the Scope of Work. The policy shall contain a
(~fi severability of interests provision.
wi
~~~
(iv) Professional Liability insurance with the minimum limits of ONE
MII,LION DOLLARS ($1,000,000) each claim and ONE MII,LION 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 not 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 operafions. 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 certifi-
cate 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 ternunate 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 monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any
endorsement thereto.
(g) The parties hereto understand and agee that City is relying on, and does not waive or
intend to 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 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.
10. City's Insurance. The parties hereto understand that the City is a member of the
Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA
PS1-971.doc Page 4
Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen
Finance Department and are available to Professional for inspection during normal business hours.
City makes no representations whatsoever with respect to specific coverages offered by CIlZSA.
City shall provide Professional reasonable notice of any changes in its membership or participation
in CIRSA.
11. Completeness of Agreement. It is expressly agreed that this agreement contains the
entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or
written representations, agreements, warranties or promises pertaining to the project matter thereof
not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City:
City Manager
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Professional:
Laura Kirk
DHM Design
311 Main Street, Suit 102
Cazbondale, Colorado 81623
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital
status, affectional or sexual orientation, family responsibility, nationai origin, ancestry, handicap, or
religion shall be made in the employment of persons to perform services under this contract.
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 regazd whatsoever shall not constitute a waiver of any
teen, covenant, or condition to be performed by Professional to 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, administrators, successors, and assigns. Notwith-
standing anything to the contrary contained herein, this agreement shall not be binding upon the
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.
PS1-971.doc Page 5
16. Illeeal Aliens -CRS 8-17.5-101 & 24-76.5-101.
a. Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
b. Definitions. The following terms aze defined in the new law and by this reference
aze incorporated herein and in any contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th. Congress, as amended, and expanded in Public Law
156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the famishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than reports that
aze merely incidental to the required performance.
c. By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who aze
newly hired for employment in the United States; and
(ii) Professional has pazticipated or attempted to participate in the Basic Pilot
Program in order to verify that new employees aze not employ illegal aliens.
d. Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirnung the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
PS1-971.doc Page 6
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States; and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into. the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendaz months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is eazlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
anew employee who is an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within
three days that Professional has actual knowledge that the subcontractor
has newly employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
PS1-971.doc Page 7
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal
law,(2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
17. 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 aclrnowledge and understand that there aze no conditions or
limitations to 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 copies each of which shall be deemed an original on
the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971.doc Page 8
ATTESTED BY:
CITY OF ASPEN, COLO~RADO~/J
Bx ~!~~~~~ ~i~S~'~
Title:
Date: ~ Z
PROFESSIONAL:
SSED BY:
'i
PS1-971.doc
By:
Date: ~ ~ ~ I ~(.J
Page 9
{,~ N V}1 b C~ 6rJ
EXHIBIT "A" to Professional Services Agreement
Scope of Work
(To be completed prior to execution of Agreement)
PS1-971.doc Page 10
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
(To be completed prior to execution of Agreement)
PS1-971.doc Page 11
311 Main Street, Suite 102
Carbondale, CO 81623 i 970.963.6520
4 September, 2008
John Laatsch
City of Aspen
Asset Management
130 Galena Street
Aspen, CO
Re: Burlingame Ranch Density Study Services
Dear John:
Per your request we are providing an estimate of our fees for site planning services for the
density studies at Burlingame Ranch. Our services are broken into four categories: work
completed and billed through the 25"' of July; work completed ftom July 25`h to the first deadline
of September 4`h; work to be completed by October 2"'; and work to be completed by November
6`h. In developing our scope we have made a number of assumptions as outlined below:
• We are developing site plan documents consistent with a conceptual level PUD
application submittal. Based on direction from the City and the Construction Experts
Group, our plans are predicated on a density of up to 300 units.
We are working on a time and materials basis responding to work tasks as directed by
the City and the Construction Experts Group. In this respect, it is difficult for us to
anticipate the full range of our scope or work products. We have been and will continue
to work in close coordination with the City to ensure the most efficient and cost effective
process possible. We will continue to work under these assumptions unless otherwise
directed by the City.
• We will be contracted directly with the City of Aspen and report directly to you as a
representative of the City. While we fully expect other City staff to review and comment
on the project, we will be looking to you for final authorization and design direction.
Sopris Engineering will be providing a proposal for civil engineering services for a similar scope
of work under separate cover.
WORK BILLED THORUGH JULY 25th:
DHM worked on the density studies and site plan diagrams on a time and material basis,
as directed by the City. The following is a summary of the work and tasks completed for
the month of June and July.
Generated site plan diagrams ("Schemes i-3" and "Current Scheme"), exploring
the opportunities for increasing unit density in Phases I and II. Studies included
diagrammatic building IayouUunitcounts, surface parking, and
underground/structured parking options.
• Attended team conference cal{ (06/04/08) to kick off Phase II Density Study work.
• Attended meeting (06/11/08) with City Staff and Poss Architecture+Planning staff
as needed to coordinate site plan diagrams.
• Formatted diagrams into product package for distribution to City and Task Force.
• Attended Task Force Meeting (06/12/08).
• Revised site plan diagrams based on team meeting of 06/11/08 and Task Force
Meeting of 06/12/08.
• Scanned and distributed diagrams via email and print media.
• Conducted a photo inventory of various existing affordable housing projects in
the APCHA inventory. Determined unit densities based on site acreage and total
unit counts. Formatted photo inventory and density data into graphic product for
distribution to City and Task Force.
• Generated revised parking structure studies based on surface parking priorities.
• Formatted scheme diagrams into AutoCAD to be used for area and rough
quantity takeoffs.
• Continued refinement of higher density schemes without underground parking
structures.
• Met with Assistant City Manager on 07/15/08
• Team meeting (7(16/08)
• Attended Task Force Meeting (07/24/08)
• Generated initial grading schemes for preliminary cut and fill calculations by
Sopris Engineering
DHM fees for this work already billed total: $27,810
WORK COMPLETED PS OF SEPTEMBER 4'"
DHM developed a site plan looking at a maximum of 300 units, without centralized
underground parking structures, while maintaining a level of open space more consistent
with lower density schemes. A plan incorporating these goals was provided to the City
on 09/04/08. The total recommended unit count for all phases is 293 with a parking ratio
of 1.6 cars per unit. Unit and modular sizes are based on direction from the City and
Task Force. Preliminary grading was completed for the new higher density plan and
provided to Sopris Engineering for use in their draft engineering report. Preliminary site
sections have been developed as a basis for further illustrating the intent of the new site
plan.
• During this period, DHM attended a task force meeting on 8/14/08; a team
meeting on 08!23108; and a team meeting with the City on 9/3/08.
• Coordinated with Poss regarding footprints and building locations.
• Reviewed and provided information as needed for a code study relative to fire
access, accessibility, and building design.
Estimated fees for this work will be approximately: $14,000
WORKTO BE COMPLETED AS OF OCTOBER 2N°
DHM will continue to develop the site plan in coordination with Poss and Sopris
incorporating code reviews, and more developed architectural unit and building layouts.
Refinements to the site sections will also be provided during this period. In anticipation
of meetings with the existing homeowners at Burlingame, DHM is prepared to provide
products for those presentations as well as attend those meetings to address specific
site concerns.
Estimated fees for this work will be approximately: $14,000 - $18,000
WORK TO 8E COMPLETED AS OF NOVEMBER 6'"
DHM will produce a site and landscape package suitable for conceptual level submittal
to the Community Development Department at the City of Aspen. Products will respond
to the required items as defined in the City's Land Use Code. DHM will continue to
coordinate with the design team and City as well as attend meetings as requested.
Estimated fees for this work will be approximately: $15,000 - $20,000
3D COMPUTER MODEL:
DHM would be happy to assist with development of computer models to better illustrate the
conceptual design for the revised site plans to the community. DHM would begin by working
with contour information provided by Sopris Engineering. ff this information is suitable for
modeling, we anticipate that we could generate a computer site model indicating simple building
blocks for $5,000-$10,000. This level of 3D modeling would still be quite rough but would
provide the framework for additional detail and rendering opportunities to more fully explain the
design direction.
TIME & MATERIALS:
DHM is working on a time and materials basis under the authorization and supervision of the
City of Aspen's Asset management Department. Fees above are estimates only based on our
stated hourly rates and anticipated work given our efforts over the last several months. Should
the nature of the work tasks change substantially our fee estimates may be either too high or
too low.
HOURLY RATES:
Our hourly rates for this portion of the project are as follows: Principal - $160; Senior Associate -
$135; Associate - $120; Senior Designer - $105; Designer - $90. These hourly rates shall be
adjusted in accordance with the normal salary review practices of DHM Design Corporation.
Please call with any questions or clarifications as you review our proposal.
Sincerely,
DHM Design
Laura Kirk
Uce President
Sept 4, 2008
Page 1 of 5
Laura Kirk
DHM Design
311 Main Street, Suite 102
Carbondale, Colorado 81623
RE: Burlingame Ranch Employee Housing Project Phase- II Civil Services through November 4, 2008
SE Project No. 28019.02C
Dear Laura:
Sopris Engineering, LLC (SE) is pleased to submit this proposal to provide the required Civil Engineering
services for conceptual site design work and preparation of design documents and plans for the project.
Scope of Work
We have based our scope of services on the preliminary site layout developed by DHM Design and
POSS Architecture. We understand that the Project comprises development of employee housing, and
construction of site infrastructure. This proposal describes the scope of work we feel is necessary to
provide the information required for site planning purposes. SE will perform all civil engineering, and
prepare the engineering report and preliminary site plan.
SuuportinE Engineering Documents and DrawinEs
SE will provide civil services including the following:
1. Preparation ofPhase-I As-Constructed Survey Plan; We have billed $34,000 and have been paid.
2. Phase-II preliminary conceptual site analysis, grading and earthwork estimates; We have billed
$41,442 and have not been paid.
3. Completion of the preliminary drainage design and system layout based on current City standards;
We estimate our fees at $20,000, we have not billed and not paid.
4. Development of a preliminary site grading plan that will show the utility layouts, site grading,
storm water drainage system, street geometric layout, and typical cross sections through
coordination with utility service providers, obtaining "Will Serve" letters from the Utility
companies, and finalizing the stacking order of future lines following project architect's user
demands. We estimate our fees at $20,000, we have not billed and not paid.
SE will provide these services based on our hourly rates included with this proposal.
Fee Structure
SE anticipates the Scope of Work will include continued work with the design and project management
team. The fees will be based on time and materials and billed monthly to the City of Aspen. We will
make our best attempt to meet your application schedules providing that we receive the required
information on a timely basis.
502 Main Street Suite A3 Carbondale, CO 81623 {970) 704-0311 Fax (970) 7D4-0313
SOPRIS ENGINEERING • LLC clvl~ consultants
Bwlingame Ranch Phase-II
SE Project No. 28019.02C
Page 2 of 5
4 September, 2008
Services Not Included
The services not included in this proposal are any structural design, soil or geological investigations,
environmental studies, water rights research, wildfire or wildlife studies, landscaping, debris flow studies,
traffic studies, Survey, or any other special or unusual requirements. However, if any of the above-
mentioned services aze needed or requested, fees maybe negotiated for those services on either a fixed
fee or time and materials basis as indicated on the enclosed Schedule of Hourly Rates dated January
2008.
Public meeting attendance or meetings for review with government entities are not included. However,
if such meeting attendance is requested or required, fees may be negotiated for such services based upon
the attached Schedule of Hourly Rates.
Acceptance of Proposal
In accepting this proposal, the client warrants that funds are available to compensate Sopris Engineering
and that these funds are neither encumbered nor contingent upon the subsequent granting of approvals,
pemaits, or financial commitments by lending institutions or other entities. You may accept this proposal
by signing the enclosed agreement authorizing professional services and returning one signed copy to
our office along with the specified retainer.
Thank you for providing us with an opportunity to submit a proposal for this project. Sopris Engineering
looks forward to working with you once again. Please contact me if you have any questions or need
further information.
Sincerely,
Sopris Engineering, LLC
Nick Adeh, P.E.
Project Leader /Manager
Enclosures: Schedule of Hourly Rates
Authorization for Professional Services
502 Main Street Suite A3 Carbondale, CO 81623 (970) 704-0311 Fax (970) 704-0313
SOPRIS ENGINEERING • LLC clvll consultants
Bwlingame Ranch Phase-II
SE Project No. 28019.02C
Page 3 of 5
4 September, 2008
Sopris Engineering, LLC
Schedule of Hourly Rates
Effective January, 2008
Total project chazges aze based on howly rates, plus direct job expenses as follows
Personnel Charges
Principal Engineer, Principal Surveyor $170,00/Iv.
Project Manager $120,00/Iv.
Project Engineer (P.E.), Survey Manager (L.S.) $105.00/hr.
Design and/or Field Engineer, Survey Supervisor $90.00/hr.
Technician, Field Observer, Party Chief $80.00/hr.
Technical Typist, Clerical $50,00/hr.
Three-man Survey Crew $160.00/hr.
Two-man Survey Crew $140.00/hr.
Robotic Survey Crew $140.00/hr.
GPS Survey Crew $180.00/Iv.
Courtroom Expert Testimony $250.00/hr.
Court and Deposition Prepazation $170.00/Iv
Deposition $200.00/hr
Computer Charges
Computer Plots $20.00/ea
Online Reseazch Additional $20.00/(u
Miscellaneous Charges
Photocopies $0.15/ea.
BlacklineBlueline prints $ L50/ea.
Mylar Sepias $20.00/ea.
Vehicle Mileage $0.50/mi.
Overnight Delivery (in state) As chazged
Overnight Delivery (out of state) As chazged
Custom Billing $20.00/hr
Outside Consultants orsub-Contractors Billed at Our Cost plus
10%
Other Direct Project Expenses Billed at Our Cost
Travel Expenses:
Airfaze, lodging, meals, car rental, telephone, pazking fees,
502 Main Street • Suite A3 Carbondale, CO 81623 (970) 704-0311 Fax (970) 704-0313
SOPRIS ENGINEERING •LLC ei~il consultants
Burlingame Ranch Phase-II
SE Project No. 28019.02C
Page 4 of 5
4 September, 2008
etc.
AUTHORIZATION FOR PROFESSIONAL SERVICES
BY SOPRIS ENGINEERING, LLC
ProjeM Name: Burlingame Ranch Phase-II, Civil Services
Proposal No.:
ProjeM No.: 28019.02C
Date: 4 September. 2008
The services covered by this Authorization form shall be performed in accordance with the following provisions and [he enclosed Sopris
Engineering, LLC (SE) proposal letter listed above unless otherwise specified.
1. Time Schedule: SE will make every reasonable effort to complete all services, which are specifically to be famished under this
agreement, in a timely manner.
2. Professional Standards: SE shall be responsible, to the level of competency presently maintained by other practicing professional
engineers/surveyors in the same type of work in the Client's Community, for [he professional and technical soundness, accuracy, and
adequacy of al] work famished under this Authorization. SE makes no other wazranty, expressed or implied.
3. Termination: Either CLIENT or SE may terminate [his Authorization by giving twenty (20) days written notice to the other party. In
such event, CLIENT shall forthwith pay SE in full for al] work previously authorized and performed prior to the effective date of
termination. If no notice of tenninafion is given, relationships and obligations created by this Authorization shall be temtinated upon
completion of all applicable requirements of this Authorization.
4. Legal Expenses: In the event legal action is brought by CLIENT or SE against [he other to enforce the obligations hereunder or arising
out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable
amounts for fees, costs and expenses as maybe se[ by the court.
5. Payment: Monthly invoices will be issued by SE for all work performed under the terms of this agreement Time accounting cuts off on
the 25th of the month (invoice date). Invoices will be sent out on or about the last day of the month. They will be sent to the client at the
address indicated at the bottom of this Authorization form. Invoices aze due and payable on receipt. Finance chazges at 1 1/2%per month
(18% Annual Rate) will be charged on al] amounts which aze over 30 days past due. Client/Owner agrees to pay reasonable collection and
attorney's fees m the event of norrpayment.
6. Assignment of Agreement: This agreement shall be binding on the heirs, successors and assigns of the parties hereto and is not to be
assigned by either party without first obtaining the written consent of the other.
7. Ownership of Documents: All reports, plans, field data, field notes, calculations, esfimates and other documents prepared by SE as
instruments of service, shall remain the property of SE unless there are other contractual agreements.
8. Limitation of Liability: SE's liability to the CLIENT for any negligent act, error or omission is, in the aggregate, limited to an amount
not to exceed the fee earned under this agreement, or $50,000, whichever is greater.
Please provide the jol[owing information:
CLIENT: DHM Design
Approved for CLIENT:
Title:
Date:
Billing Name and Address:
502 Main Street Suite A3 Carbondale, CO 81623 (970) 704-0311 Fax (970) 704-0313
SOPRIS ENGINEERING • LLC civil consultants
Burlingame Ranch Phase-II
SE Project No. 28019.02C
Page 5 of 5
4 September, 2008
Phone No.
502 Main Street Suite A3 Carbondale, CO 81623 (970) 704-0311 Fax (970) 704-0313
SOPRIS ENGINEERING • LLC clvfl consultants