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HomeMy WebLinkAboutresolution.council.067-11 RESOLUTION # (O (Series of 2011) A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND OZ ARCHITECTURE SETTING FORTH THE TERMS AND CONDITIONS REGARDING BURLINGAME PHASE II INTEGRATED PROJECT DELIVERY CONTRACT AMENDMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council an agreement between the City of Aspen, Colorado, and OZ Architecture, a copy of which agreement 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 agreement between the City of Aspen, Colorado, and OZ Architecture regarding Burlingame Phase II Integrated Project Delivery Contract Amendment for the city of Aspen, 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: 4 •i/ ' % ' 2Cj/ Michael C. Ir and, 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 4 2011. I Of '1 K fr n S. ' och, City Clerk EXHIBIT "B" i rr ARCHITECTURE MEMORANDUM URBAN DESIGN IA ® INTERIOR DESIGN TO: Scott Miller DATE: September 12, 2011 FROM: Will Hentschel PROJECT: Burlingame Ranch Phase II SUBJECT: 07 8195 - BGRPII Accepted and PROJECT #: 809003.00 Proposed Amendments Summary CC: Chris Everson, Barry Crook, Rob FILE #: Taylor, Eduardo Illanes Please see the following summary of the Accepted and Proposed Change Orders to the 8195 -2008 Agreement between Owner and Architect for Integrated project Delivery for the Burlingame Ranch Phase II Project Dated January 25, 2010. Initial Contract Amount: s814,7tq Amendment Scope Amount • ContractAmendmentl— Implementation Documents 5386,357 (Approved io /io) • Contract Amendment 11— Fire Sprinkler and Life Safety Consultant— Shaner Life Safety & OZ - 522,048 (Approved s /u) • Contract Amendment 111— PUD Base & Building Model at 1:25 scale — LGM & OZ 514,265 (Approved 7/11) Current Approved Contract (as of September 12, 2011) 61,21l.42q Contract Amendment Proposals • Proposed Contract Amendment IV - 521. q6c ALTA Survey & Plat Drawings for PUD • Proposed Contract Amendment V - 317.677 o Pre - Sales / Finish Upgrade Package — OZ Architecture o Burlingame Phase 11 Logo — OZ Architecture o Extension in Duration / Non-Parallel Work for the development of materials for the PUD stage of the project. • Proposed Contract Amendment VI s3s,88o Supplemental Drainage Report for Burlingame Phase II for Harmony Pond & Design Civil Implementation — Sopris Engineering, AEI and OZ Architecture. Proposed Contract Amendment Total - 5 74,9 32 Percentage of Initial Contract Amount 6.194 9.25. coin Page sofa 9g9oog18ogoo3.00 burlmgame ranch phase lifproject managemengmntracts \contract addendum \eosoo3 I BOULDER PHONE: 303 449.8900 contract adendum lv_vi summary doa 1805 29TH STREET, SUITE 2054 FAX: 303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER, COLORADO 80301 WWW.OZARCH.COM EXHIBIT "B" ARCHITECTURE MEMORANDUM J , URBAN DESIGN SA INTERIOR DESIGN Additional Add Services The OZ lead IPD Team for the Burlingame Ranch Phase II completed Detail Design per the requirements of Contract Documents in September of 2010. At the completion of Detail Design, the team assembled a Re- Kickoff Document that outlined the tasks at hand to serve as a guide to Re -start the drawing process with Implementation Documents when appropriately directed by the City of Aspen. Over the course of the last 12 months, the team has worked toward and attainted PUD Approval for Phase II along with Phase I amendments from the Aspen City Council. During this time a number of items were completed to allow for the transition into full Implementation Documents. With this information in hand we understand the process ahead for completion Implementation Documents per the requirements set out in B195 -2008 Agreement between Owner and Architect for Integrated project Delivery for the Burlingame Ranch Phase I/ Project Dated January 25, 2020. Via this document, we have disclosed all of the items to date that we believe constitute addendums to the contract. Currently, to the best of our knowledge, we do not anticipate a need for additional contract amendments through the implementation documents unless they are dictated per Article 1.5 of the 8195- 2oo8Agreement between Owner and Architect for Integrated Project Delivery for the Burlingame Ranch Phase 11 Project Dated January 25, 2010. In the future, items that should be noted to the Owner that may constitute an addendum or add services tied to this contact are (but not limited to): 1. Any change in project scope not outlined in Addendums I thru VI. 2. Any change to the approved PUD Masterplan including: o A Modification to Building Locations o A Modification to Building Configuration o A Modification to the Pod Matrix o Addition of Parking Spaces within Phase II 3. Any modification to the approved PUD unless required in items outlined in Addendums I thru VI. y. Pursuit of LEED Certification or initial LEED application 5. A start of Site Construction later than May 2013 & Building Construction Later than November 2013. 6. A start of Implementation Documents later than January 15, 2012 7. Response to Questions for Document Bidding (GMP) by General Contractors other than the Current Contractor - at -Risk 8. A diversion from the project schedule outlining go%o Implementation Documents, Permit Review and Final Implementation Documents. This Project Schedule will be set and mutually agreed upon by the IPD at the Implementation Document Kick -off meeting. Each Stage (go%B Implementation Documents, Permit Review and Final Implementation Documents), once started must be continuous to completion. g. Any meetings or work completed after the completion of the permit process and the start of Construction Administration. 9 1 5. 2011 Page 2 of 2 BOULDER PHONE: 303 449.8900 1805 29TH STREET, SUITE 2054 FAX: 303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER, COLORA00 80301 WWW.OZARCH.COM EXHIBIT "B" p7 ARCHITECTURE MEMORANDUM URBAN DESIGN k r4e INTERIOR DESIGN (Amendment IV • TO: Scott Miller DATE: September 13, 2011 FROM: Will Hentschel PROJECT: Burlingame Ranch Phase II SUBJECT: Burlingame Phase II ALTA Survey PROJECT N: 809003.00 and Plat Drawing Amendment IV to OZ Architecture AIA Document 83.95 -2008 CC: Chris Everson, Barry Crook, Rob FILE k: Taylor • Amendment IV Proposed Amendment to AIA Document B195-2008 Agreement between Owner and Architect for Integrated project Delivery for the Burlingame Ranch Phase II Project Dated January 25, 2010. Description The proposed Amendment is for the ALTA Survey and the Plat Drawings associated with the PUD Amendment. The ALTA survey is a required part of the PUD application and was excluded from the above mentioned contract. Additionally, Platting of the site by a professional surveyor and engineer is also a requirement for a City of Aspen PUD. The Attached Proposal by Sopris Engineering LLC Dated August 27, 2010 further outlines the scope of the work Deliverables See Attached Proposal Schedule • ALTA Survey December o2, 2010 • Preliminary PUD Plat Drawings January 21, 2011 • Final PUD plat Drawings October i5, 2011 ALTA Survey and Title Work ALTA Survey and Title Work - (Sopris Engineering) $14,000 Administration and Coordination (OZ Architecture) si,ogo 7.5% of the Fee Subtotal ALTA Survey si5,oso PUD Plat Drawings Platting is normally excluded from Architectural base fees and while Oz Architecture recognize we committed to completing the PUD process, the contract clarifications were silent regarding specific PUD Platting. We did not allow in our base fee a sub- consultant for this specialist work, therefore Oz propose to equitably share the additional cost of Platting relating to the PUD submittal PUD Plat Drawings (Sopris Engineering) 322,750 Administration and Coordination (OZ Architecture) s88z BOULDER PHONE: 303 449.8900 o u - 1305 29Th STREET, SUITE 2054 FM: 303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE I BOULDER, COLORADO 80301 WWW.OZARCH.COM EXHIBIT "B" 1�7 ARCHITECTURE ' Amendment iv b MEMORANDUM URBAN DESIGN e INTERIOR DESIGN 7.5% of the Fee Subtotal Plat Drawings x22.672 50/50 Share with the City of Aspen (Revised Subtotal) x Total Amendment lV S21,365 Owner / Architect City of Aspen OZArchite ure f r Scott Miller Ed - rdollla -s ^u � - vci: BOULDER PHONE: 303 449.8900 1805 29Th STREET. SUITE 2054 FAX: 301449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE ( BOULDER, COLORADO 80301 WWW.OZARCH.COM EXHIBIT "B" August 27, 2010 Page 1 of 5 Will Hentschel OZ Architecture 1805 29 St., Suite 2054 Boulder, CO 80301 whentschel @ozarch.com Re: Burlingame Ranch, Phase 11— P.U.D. Plat Submittal SE Project No. 10159 Dear Mr. Hentschel: Sopris Engineering, LLC (SE) is pleased to prepare the following proposal for survey services required for the P.U.D. submittal drawings for the Burlingame Ranch Phase II Project located in the City of Aspen, Colorado. Scope of Work Our scope of services will entail the preparation of the A.L.T.A. survey and the P.U.D. plat drawings that are required to be included in the submission documents per Aspen City code. Per the August 23, 2010 team meeting the property to be included for the submission drawings are defined as Tracts A, B and C according to the Burlingame Ranch Affordable Housing 1 Amendment recorded as reception number 522859 of the Pitkin County records. A.L.T.A. Survey Services and Drawings The scope of work for preparing the ALTA survey will include the following tasks: 1. Weekly Coordination meetings (3) to review current status and anticipated work. 2. Review the Subject and adjoining properties current ownership status and reflect this status on survey. 3. Review the originally supplied existing conditions drawings to current plats, association and condominium documents for dedication language and easement grants. 4. Overlay working drawing with as -built utility and topographic files. 5. Update file with field acquired current Tract A, B and C corner monumentation 6. Update Tract A, B and C mapping with field changes that occurred after the original existing conditions mapping was prepared. 7. Review to -be- supplied current title work and reflect exceptions on survey. 8. Prepare A.L.T.A. survey certification and note language. 9. Submit signed and stamped hard copy for collation into submittal set for set generation. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704 -0311 • Fax (970) 704 -0313 SOPRis ENGINEERING • LLC civil consultants EXHIBIT "B" Burlingame Ranch, Phase II - Amended Plat SE Proposal No. 10159.01 August 27, 2010 Page 2 of 5 P.U.D. Plat Services and Drawings AS per the aforementioned Project meeting it is our understanding that the Plat will consist of Rights -of- Way, three Parkland Parcels, four single family Lots and three multi - family /parking Parcels (two inside the right -of -way bifurcated by a park and one between the right -of -way the PUD boundary). The scope of work for preparing the PUD Plat survey will include the following tasks: 1. Weekly Coordination meetings (3) to review current status and anticipated work. 2. Coordination with Project Team for parcel, right -of -way, parkland and easement line work. 3. Create base file of pertinent line work and text from ALTA survey. 4. Prepare preliminary plat certification language for team and City review and comment. 5. Prepare preliminary plat parceling and easement line work for team review in context to utility, access and drainage implications. 6. Prepare plat land use tables to illustrate record and proposed area and zoning tabulation. 7. Finalize parcel, lot, parkland and right -of -way configuration from team review and comment. 8. Finalize easement configuration from team review and comment. 9. Finalize plat certification language from team and City review and comment. 10. Language and data input for application . 11. Prepare PUD plat and two sets of mylars for recording. Fee Structure Sopris Engineering will perform the work as defined above for a fixed fee in accordance with the attached Schedule of Rates dated January 2009. The anticipated Scope of Work for the PUD submission can be accomplished for a fixed fee of $25,750.00. SE understands that anticipated submission date is the week of October 4 and that preliminary team coordination drawings will need to be available the week September 22nd. In order for this time frame to be accomplished Sopris Engineering staff anticipates timely title work, required line work, review and issue resolution by the City and Project team. Excluded Services The services not included in this proposal are any civil design, building or construction staking, site planning, public meetings, soil or geological investigations, environmental studies, landscaping, water right research, wildfire or wildlife studies, wetland mapping, debris flow studies, or any other special or unusual requirements. However, if any of the above mentioned services are needed or required, fees may be negotiated for these services. Acceptance of Proposal In accepting this proposal, the client warrants that funds are available to compensate SE and that these funds are neither encumbered nor contingent upon the subsequent granting of approvals, permits, or financial commitments by lending institutions or other entities. EXHIBIT "B" Burlingame Ranch, Phase 11- Amended Plat SE Proposal No. 10159.01 August 27, 2010 Page 3 of 5 Thank you for providing us with the opportunity to submit a proposal for this project. SE looks forward to working with you again. Acceptance of this proposal may be indicated by signing the enclosed agreement and returning one signed copy to our office. Please contact us if you have any questions or concerns. Sincerely, SOPRIS ENGINEERING, LLC Mark S. Beckler, P.L.S Principal Sopris Engineering, LLC Enclosures: Schedule of Hourly Rates Authorization for Professional Services EXHIBIT "B" Burlingame Ranch, Phase 11- Amended Plat SE Proposal No. 10159.01 August 27, 2010 Page 4 of 5 Sopris Engineering, LLC Schedule of Hourly Rates Effective January 2010 Total project charges are based on hourly rates, plus direct job expenses as follows: Personnel Charges Principal Engineer, Principal Surveyor $170.00/hr. Project Manager $120.00/hr. 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/hr. Courtroom Expert Testimony $250.00/hr. Court and Deposition Preparation $170.00/hr Deposition $200.00/hr Computer Charges Computer Plots $20.00 /ea Online Research Additional $20.00/ hr Miscellaneous Charges Photocopies $0.15 /ea. Blackline/Blueline prints / small color $1.50 /ea. 24" x 36" Color prints $20.00 ea. Mylar Sepias $30.00 /ea. Vehicle Mileage $0.50 /mi. Overnight Delivery (in state) as charged Overnight Delivery (out of state) as charged Custom Billing Forms $20.00/hr Outside Consultants or sub - Contractors Billed at Our Cost plus 10% Other Direct Project Expenses Billed at Our Cost Travel Expenses: Airfare, lodging, meals, car rental, telephone, parking fees, etc. EXHIBIT "B" Burlingame Ranch, Phase 11 - Amended Plat SE Proposal No. 10159.01 August 27, 2010 Page 5 of 5 AUTHORIZATION FOR PROFESSIONAL SERVICES BY SOPRIS ENGINEERING, LLC Project Name: Burlingame Ranch, Phase 11 - Amended Plat Proposal No.: 10159.01 Date: August 27, 2010 The services covered by this Authorization form shall be performed in accordance with the following provisions and the 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 furnished 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 the professional and technical soundness, accuracy, and adequacy of all work furnished under this Authorization. SE makes no other warranty, expressed or implied. 3. Termination: Either CLIENT or SE may terminate this Authorization by giving twenty (20) days written notice to the other party. In such event, CLIENT shall forthwith pay SE in full for all work previously authorized and performed prior to the effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 4. Legal Expenses: In the event legal action is brought by CLIENT or SE against the other to enforce the obligations hereunder or arising out of any dispute conceming the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set 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 are due and payable on receipt. Finance charges at 1 1/2% per month (18% Annual Rate) will be charged on all amounts which are over 30 days past due. Client/Owner agrees to pay reasonable collection and attorney's fees in the event of nonpayment. 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, estimates 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 eamed under this agreement, or $50,000, whichever is greater. Please provide the following information: CLIENT: Oz Architecture Approved for CLIENT: Billing Name and Address: By: Title: Date: Phone No. Composed by: JP EXHIBIT "B" • ' ' ARCHITECTURE MEMORANDUM URBAN DESIGN S INTERIOR DESIGN Amendment V TO: Scott Miller DATE: September 13, 2011 FROM: Will Hentschel PROJECT: Burlingame Ranch Phase II SUBJECT: Burlingame Phase II Logo, Upgrade PROJECT #: 809003.00 Finish Package & PUD Extension Amendment Vto OZ Architecture AIA Document 63 95 - 2008 CC: Chris Everson, Barry Crook, Rob FILE #: Taylor • Amendment V Proposed Amendment to AIA Document 8395 -2oo8 Agreement between Owner and Architect for Integrated project Delivery for the Burlingame Ranch Phase II Project Dated January 25, 2010. This amendment is comprised of 3 parts: 1. Burlingame Ranch Phase 11 - Logo Visioning, Concept and Material Processing for the Pre -Sales effort of the project. (sa,25o) 2. Burlingame Ranch Phase 11- Upgrade Finish Package visioning, concept, development and documentation (38,063) 3. Burlingame Ranch Phase 11 - Additional time and development of materials for the PUD stage of the project ( Amendmentll/Total 317,677 1. Burlingame Ranch Phase II Logo Visioning, Concept and Material Processing for the Pre -Sales effort of the project. Description The proposed Amendment is for the Logo Development of for Burlingame Ranch Phase II. The scope is inclusive of Logo Visioning & Concept Development. Additionally, Material Processing and Initial Newspaper page layout associated with the Pre -Sales is included in this scope. Deliverables • Logo Visioning Fact Gathering and Research • 3 Logo Concepts based on Initial Fact Gathering & logo modification based on owner comments. • Initial Graphics Processing and set up for Pre -Sales effort Schedule • Logo Visioning April 03, 2010 • Logo Concepts April 10, 2033 • Initial Processing of Pre -Sales Ad May 3, 2011 Logo Work (OZ Architecture) Logo Visioning (6 hours @ s7o/hr) 3420 3 Concept Logos (9 hours © s7o /hr) s63o BOULDER PHONE: 303 449.8900 1805 29TH STREET, SUITE 2054 FAX: 303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER, COLORADO 80301 WWW.02ARCH.COM EXHIBIT "B" r ARCHITECTURE MEMORANDUM URBAN DESIGN I ,� a INTERIOR DESIGN Amendment V Initial Processing for Pre -Sales Add (2 hours @ s7o /hr) szyo Subtotal Logo Sa,ago Administration and Coordination (OZ Architecture) s6o 7.5% of the Fee Total Part #i, Amendment V Logo $1,25o 2. Burlingame Ranch Phase!! - Upgrade Finish Package visioning, concept, development and documentation Description OZ will work with the Pre - Construction General Contractor to determine the appropriate level of upgrades to fit the owners budget. OZ will develop and document i upgrade finish package based on the requirements of the above mentioned contract. OZ will not be responsible for coordination & selections with Buyers orAPCHA. Deliverables • Visioning & Concept of Upgrades to based on the Finish Package of the Detail Design Drawings and Specifications o Development of Concept Package and Finish Selections o Provide General Contractor with Material Specifications for Pricing o Adjust Finish Package Per Pricing o Collect finish Materials for Presentation o Present Materials to Owner for Review • Detail Design of z Upgrade Option to the Finish Package of the Detailed Design Drawings and Specifications o Matrix documentation & drawing development of z Finish Package upgrade o Detailed Design Specifications for z Finish Package upgrade o Initial Material Detail Drawings o Provide General Contractor with Material Specflcationsfor Pricing 1 y ;• o Develop Finish Board o Present Materials to Owner for Review • Implementation Documents of Upgrade Option o Adjust Schedule /Specifications based on Owner modifications from Detailed Design o Adjust Schedule /Specifications based on Supplier information o Implementation Document Scheduling and Drawing Labeling o Implementation Document Detailing Schedule • Visioning and Concept May z5, 2o11— dunez5, 2011 • Detail Design Septemberzg, 2011— October 17, 2011. • Implementation Documents 2 months (To coincide with Implementation Documents for the 6 Pods) Up Grade Finishes (OZ Architecture) Visioning and Concept (25 hours © avg sz25 /hr) 51,875 Detail Design (22 hours @ avg sz25 /hr) 52,675 Implementation Documents (22 hours @ avg sz25 /hr) 51,500 Expenses for 2 meetings 51,500 Subtotal Upgrade Finishes $7,500 :z�. - . c• z BOULDER PHONE: 303 449.8900 1805 29TH STREET, SURE 2054 FAX: 303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAXE TAHOE BOULDER, COLORADO 80301 VAVW.OZARCH.COM EXHIBIT "B" 7 ARCHITECTURE MEMORANDUM URBAN DESIGN ��® INTERIOR DESIGN Amendment V Administration and Coordination (OZ Architecture) 5563 7.5% of the Fee Total Part #a. Amendment V Upgrade Finishes 48,o61 3. Burlingame Ranch Phase!! - Additional time and development of materials for the PUD stage of the project Description The initial project proposal for Services associated with the above mentioned contract and additional supplemental documents, (attached) were based on parallel tracks between Development /Implementation Documents for the Project Design and the administrative material submittals and meetings needed for PUD Approval. Additionally, the fee for overall design service was based on Implementation Document Completion by January of 2010, with a ground breaking for the initial delivery of Phase II in May of 2o12.. The design Team had initially estimated and based the fee upon 42 meetings (Public and the COA). Since the start of the project the design team has traveled to Aspen for over 58 trips. This proposal is for time and expenses to cover the inefficiencies only in non parallel work periods and not the work required for the PUD. Per the initial project schedules (per the proposal and supplemental documents)that targeted a November 2010 Vote, the PUD work and submittal was planned to coincide with Conceptual and Detailed Design. At the conclusion of Conceptual Design, there was a mutual agreement within the IPD team that a draft of the PUD Document would be completed by the end of September zoa1. This was met. Detailed Design was completed on September 2, 2010. Through the fall, the IPD team was advised that the documentation portion Implementation Documents would be put on hold until the completion of the PUD and a vote would not occur in 2010. PUD was eventually submitted on March 31, 2011 and PUD hearings occurred from June 15` to August 22 The attached exhibits illustrate the project schedule, meeting commitments and fee / scope understanding. All are exhibits to the above mentioned contract. Deliverables Per the requirements of the PUD Presentations June 1 thru August 23rd 2011 Schedule See Below PUD Submittal & Approval Meetings (OZ Architecture) See Amendment V, Exhibit 1 DRC Meeting (June 1, 2011) 51,50o First Reading of the PUD (July 25, 2011) s1,o5o Open House for PUD (August 1, 2011) 51,825 Second Reading of the PUD (August 1, 2011) s PUD Final Presentation Preparation (August 21, 2011) 51,250 Subtotal PUD Submittal & Approval Meetings 57,780 Administration and Coordination (OZ Architecture) 5584 7.594 of the Fee Total Part #1, Amendment V Upgrade PUD Submittal & Approval Meetings 48,164 BOULDER PHONE: 303449.8900 1805 29711 STREET, SURE 2054 FAX: 303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LANE TANOE BOULDER, COLORADO 80301 WWW.OZARCH.COM EXHIBIT "B" r7 ARCHITECTURE MEMORANDUM URBAN DESIGN h�® INTERIOR DESIGN 'Amendment V Total Amendment V e17,677 Owner /Architect City of Aspen OZ Architecture // ' Scott Miller E• ardollla -' ga aou Pxx s of. BOULDER PHONE: 303449.8900 1805 29TH STREET, SURE 2054 FAX 301.499.3886 DENVER BOULDER COLORADO SPRINGS US VEGAS LAKE TAHOE BOULDER, COLORADO 80301 WWW.OZARCN.COM EXHIBIT "B" Amendment V Item #3 - Exhibit 1 OZArchitecture - September 13, 2011 PUD Meetings DRC Meeting (June 1, 2011) Time Required (12 hours) Request for Time (6 hours @ $150 /hr)) $900 Reimbursable $600 Request for DRC Meeting $1,500 First Reading of the PUD (July 25th, 2011) Time Required (8 hours) Request for Time (4 hours @ $150 /hr)) $600 Reimbursable $450 Request for First Reading Meeting $1,050 Open House for PUD (August 1, 2011) Time Required (16 hours) Request for Time (8 hours @ $150 /hr)) $1,200 Reimbursable $625 Request for First Reading Meeting $1,825 Second Reading of the PUD (August 2nd, 2011) Time Required (32 hours) Request for Time (4 hours @ $150 /hr)) $600 Reimbursable $55 Request for First Reading Meeting $655 PUD Final Presentation Preparation 51,500 Time Required (12 hours) Request for Time (4 hours @ $150 /hr)) $900 Reimbursable $350 Request for First Reading Meeting $1,250 Sub Total $7,780 OZ Administrative Processing (7.5 %) $584 OZ Architecture Total $8,364 Amendment V Item #3, Exhibit 1 EXHIBIT "B" � Y € 1 Y �i S E 1 -- 1 _ — r _ -- � . ._— __ _ — _ �— i S .i i I 1 I -4 P 'S I — 1 , i s ■ I -- 1 1 -- - -a— s — e _n 1 2 2 I I ` q a 1 Et e ' 5 . t ti I 1 p Q - 4_ _ ' _ : — __ --'-__ - — S • _ , s - 1 i . 1, - . .. i i L - - - : - I - � 1 ? 1 I a , I 1 tl . _ 1 a — s _ i 1 i 1— d j I, l - ,Iii i i I I jjjj q£ E 3 f d E i 88 fl it n 1 l t' 211 L c E 9 E e < yy' e r ii Y SS qa 8 < E S N a gg 9 5 Y, I E 5 u' I 1 $ a l O S S v I f3E II i 1 12 alai / ! 1 �� I g i i € c C N E a) E F Q EXUIBIT "B" e ;2 Fa4 NMI 30 co O / N c 11 I 3 \ .9 a a F v o V a a . 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"434433& • 7.1.- 7.1.- a • o S L O-Y DI i 434411433 ' 2r3334,333322 c a w:%c '. b d y fc d If ; AHM '1YNM OHM - NOI1tl Zl ltlllld3]MOJ G pSa EXHIBIT "B" THE all OF ASPEN APPROACH - ARCHITECT 2. STAKEHOLDER MEETINGS Please describe your team's approach to public presentations and stakeholder meetings. Include the number of anticipated meetings, the stakeholder groups involved, the design team members who would participate in the meetings and your team's strategy for incorporating feedback into the design. Approach: Inclusion of critical stakeholders in the design process is imperative to develop a plan that will be supported in the community. Adequate time spend in the Conceptualization Phase will more than likely save time in the review process and, therefore, at the back -end of project development. There are three critical pieces to the public outreach component targeted at the three primary Stakeholder Groups: the existing Burlingame Homeowners, the Project Sponsors (City of Aspen) and the Residents of Aspen. Public Outreach (8 Meetings): Existing Burlingame Homeowners must be included as critical stakeholders in the design process early and frequently. The OZ led Design Team will work with the City's Project Manager and Owner's Representative to organize a series of work sessions with these homeowners. It is anticipated that at least three work sessions will occur during the Conceptualization and Criteria Design Phases. The second critical component of the public outreach is consolidated work sessions with the P &Z and City Council. We anticipate two to three work sessions will occur in the Conceptualization and Detailed Design Phases. There is also a component of public outreach built into this process that addresses the Aspen voter population at large. This component will assist in building a foundation of knowledge around the design process that the City will then build upon when determining the path to financing the project. The design team will organize with the City's project manager two open houses occurring at the end of the Criteria Design and Detailed Design Phases. These open houses will not be work sessions, but rather, informative sessions where the design team can share in -depth details related to the Planning, Land Use and Building Design Decisions and gather input from attendees thus building the awareness and support of the project. Participants: Led by the City Project Manager and OZ (Eduardo Ilanes and Will Hentschel) with support from Richard Shaw at Design Workshop, all Design Team Members, the Contractor at Risk, Owner's Representative and Commissioning Agent. Owner Review /Project Sponsors (3 Meetings): At the onset of the project and at the start of each project stage thru Detailed Design the OZ led Design Team with the City's Project Manager and Owner's Representative will meet with the Housing Authority Board to determine goals and to verify positive progress against those goals. Participants: Led by the City Project Manager and Eduardo lllanes and Will Hentschel at 07 with Support from Richard Shaw at Design Workshop, all Design Team Members the Contractor at Risk, Owner's Representative and Commissioning Agent. • EXHIBIT "B" di THE GT OF ASPEN THE APPROACH - ARCHITECT 2. STAKEHOLDER MEETINGS, CONT. PUD (6 Meetings, Including 2 Pre - application Meetings): Prior to submitting for the PUD, there will be a technical review of the PUD criteria with Staff, and a Pre - Application meeting with Community Development. Afterthe project has been submitted for PUD review, there will be three to four meetings planned for attendance with both the Planning and Zoning Commission and City Council. We also anticipate that there will be various progress meetings with City Staff during the vetting and approval stages of the PUD. Participants: Led by the City Project Manager and Richard Shaw at Design Workshop with support from Eduardo Illanes and Will Hentschel at OZ, applicable design team embers including Mt. Daly and Alpine Engineering. The Contractor at Risk will offer support from time -to -time. GMP, Prior to Implementation Documents (3 Meetings): Once the GMP Documents have been translated into the Cost Model, the Design Team will support the City's Project Manager and the Contractor at Risk in presenting and vetting the GMP with City Council. In addition, a stakeholder open house will be held to garner public input and support. Participants: Led by the City Project Manager and Contractor- at- Risk with support from Eduardo Illanes and Will Hentschel at OZ. GMP, Implementation Documents and Permit (8 Meetings): Following a positive decision by City Council to put the GMP to a Bond Vote, the Design Team will support the City's Project Manager in facilitating Open House meetings with the Burlingame Homeowners & the Residents of Aspen to answer questions and provide clarification on the project. I n addition, the Design Team and the _.... City's Project Manager will meet twice with the Housing Authority Board to verify positive progress against those goals. Finally, the team will support the City Council in a PublicWork Session to present the project prior to the GMP vote. It is also anticipated that the Design Team will provide updates to the City Council and the Planning and Zoning Commission during Implementation Documents and prior to Permit Submittal on the progress of the documentation as it relates to the GMP and approved PUD. Participants: Led by the City Project Manager and Richard Shaw at Design Workshop with support from Eduardo Illanes and Will Hentschel at OZ, applicable design team members including Mt. Daly and Alpine Engineering. The Contractor at Risk will facilitate in leading GMP discussions and will support during Planning and Council updates. Project Management: It is anticipated that from Conceptualization through Implementation Documents that the Design Team will meet every three weeks (Bi- Weekly at the Project Onset) with the City's Project Manager, Owner's Representative and Contractor at Risk to facilitate progress against the mutually agreed IPD schedule. These meetings will occur in- person or via WebEx. The Design Team will work mutually with the City's Project • Managerto facilitate all workshops, open houses and City meetings. The design team Project Manager will speak weekly via a scheduled conference call with the City's Project Manager and the Owner's Representative Project Manager from the project onset through completion of Construction. EXHIBIT "B" • FA LUMP SUM FEE 5.2.2.1 Total Complete the included Conceptualization 555,528 fee worksheet. Submit lump sum fees to provide Criteria Design 8238,316 the services requested Detailed Design 5445,884 by phase as categorized • in the fee workbook. Implementation Documents 5344,888 • Construction 5376,008 Reimbursable $215,162 Total Fee $1,675,786 Please Note: Reimbursables are included in the Lump Sum • Comments: We have assumed the following meetings in our reimbursable fees. In order to reduce reimbursable expenses we could propose more video conference meetings in lieu of on- site team meetings during design or construction. See Section 8 for an explanation of the meeting breakdown. 3 -D Renderings and 3D Models are included in the initial design phase fees — we have assumed some collateral will be needed for the entitlements process and that graphics from OZ and the Land Planner /Landscape Architects will be needed. Revit modeling is included in the fees. Application for LEED certification has been included in the fees (LEED commissioning has not been included) Fly - throughs and physical models are not included, but can be added at the request of the Owner. Up to 12 meetings have been included for the City of Aspen public process. We have assumed these meetings to be in conjunction with a team meeting during the design phases. If modular construction is employed, our Construction Document and Construction Observation fees may be renegotiated based on the scope of the fabrication shop. We assume that construction may be phased, however our fees for Construction Administration are fora 24 month period of time. Should the phasing go beyond 24 months, fees may be renegotiated based on the scope of the proposed phasing and adjusted time line for construction. FF &E for model unit(s) is not included but can be added and completed by OZ Interiors. We have assumed that some paper copying is still needed during design phases and Construction Administration. Should paperless CA services be decided upon by the team, the expenses for copying may be reduced depending on the I PD team and their capacities. 74 OZ will not bill additional fee for travel time to Aspen. We have figured this into our fees. EXHIBIT "B" se ARCHITECTURE MEMORANDUM URBAN DESIGN ® INTERIOR DESIGN Amendment VI TO: Scott Miller DATE: September 13, 2011 FROM: Will Hentschel PROJECT: Burlingame Ranch Phase II SUBJECT: Burlingame Phase II Supplemental PROJECT#: 809003 Drainage ReportAmendment VI to OZ Architecture AIA Document 8195 -2008 cc: Chris Everson, Barry Crook, Rob FILE #: Taylor Amendment VI Proposed Amendment to AIA Document 8195 -zoo8 Agreement between Owner and Architect for Integrated project Delivery for the Burlingame Ranch Phase II Project Dated January 25, 2010. Description Our proposal is for a Supplemental Drainage Report, Stormwater Management Plan Review and Design Implementation based on the attached proposal by Sopris Engineering on July 8, 2011. This proposal is being submitted as an enhancement to the current drainage report to fulfill current best practices and ensure that the owner, the City of Aspen, with have the most efficient and low maintenance drainage system possible. Additionally, we see that the supplemental drainage report may suggest opportunities potential cost savings but utilizing a more streamlined approach. Additional Description - See attached - Sopris Engineering LLC Proposal - Drainage Studies, Civil Design Services SE Job Number: moo -A (Amendment VI, Exhibit 1) Deliverables See Attached Schedule • Kick off and Drainage Report Review/ Fact Gathering September 2011 • Coordination Meeting with COA Engineering September26, 2011 • Coordination Meeting with AEI/ OZ September 27, 2011 • Schematic / Detailed Design Drainage Report for HPP &Calculation Review /Recommendations NPII SMP September 28— October 24 • Detailed Design Coordination Meeting with AEI/ OZ October25, 2011 • Detailed Design Coordination Meeting with COA Engineering October 2011 • Final Report and Design Recommendations October27— November 17, 2011 • Final Coordination Meeting with COA Engineering November 21, 2011 • Final Drainage Report and Submittal Decembers, 2011 ** *This schedule is estimated. The exact schedule will be set at the Kick -off meeting between COA and the OZ led Design team. If scheduling efficiencies can be realized, the duration will be shorter. Supplemental Drainage Report (Sopris Engineering) Supplemental Drainage Report per attached Proposal $ 62,13o Not to Exceed (work will be done hourly per attached billable rates) BOULDER PHONE: 3034498900 1805 29TH STREET SUITE 2054 FAX: 303.449.3886DENVER BOULDERCOLORADO SPRIdOE 9 LAS YEWS LAJlE TAHOE 99P C9LORAD0803U1 I WWW.OZARCH.COM EXHIBIT "B" PA MEMORANDUM URBAN DESIGN • ® INTERIOR DESIGN !Amendment VI Administration and Coordination (OZArchitecture) 54,660 7.5% of the Fee Reimbursable Expenses (OZ Architecture) $2,485 ** ** Additional Site Design Modifications that affect the PUD approved Masterplan resulting in a review process and PUD modifications beyond administrative (1E, through a Public City Council Review & Hearing) will be done after mutual acceptance by the 1PD team with owner approval at standard hourly rates for the OZ led IPD Team. It is understood that the final drainage report may require modifications to the engineering drawings prior to acceptance by the City of Aspen Engineering Department. These modifications are covered under this proposal. Once the final drainage report is determined and accepted by the City of Aspen Engineering all final modifications (except a major modifications to the PUD, as mentioned above) to grading, detailing and specifications for construction will be done in Implementation Documents Stage by the OZ led Design team at no additional cost to the owner. Proposed Additional Services s6q,27s (Not to Exceed) OZ Architecture proposes a 50/50 split on the Additional services amount between the OZ Architecture Design Team and The City of Aspen. Proposed Contract Amendment saz,ag5 + sz.48[(reimbursable) Total Amendment VI s35,88o Owner / Architect City of Aspen OZ Architecture I r Scott Miller Ed -rdo Wanes • BOULDER PHONE: 303 449.8900 1805 29TH STREET, SURE 2054 FAX 303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER, COLORADO 80301 WWW.OZARCH.COM EXHIBIT "B" Burlingame Phase -II Drainage SE Proposal No. 11100 -A July 8, 2011 Page 1 of 6 Will Hentschel OZ Architecture 3003 Larimer Street Denver, Colorado 80205 Reference: Burlingame Ranch Phased -II Drainage Studies, Civil Design Services SE Job Number: 11100 -A Dear Will: We are pleased to prepare this proposal to perform civil engineering and services in support of your project located at Burlingame Ranch, Aspen, Colorado. We will perform Civil Engineering services required to obtain approved designs for drainage plan from the City of Aspen Engineering Department as outlined in scope of work below. Scope of Work: Based on the information we received from you and Gary Brooks of Alpine Engineering, Inc. (AEI), a subsequent telephone conferences with you, discussions with City Engineer, and a copy of "Drainage Calculations for Harmony Pond and Drywells D4 and D5, Dated March 8, 2011 and attached site drawing exhibits, we have defined the engineering work required as outlined below. Harmony Pond Drainage Basin Drainage Plan (HPP) We will perform the following tasks that will include existing site condition analysis, and will compare it with Carter Burgess, Inc. (CBI) analysis dated June 2005 and September 15, 2005 and the drainage plan proposed by Alpine Engineering, Inc. We will prepare a drainage report per the requirements of the City's Urban Runoff Management, and regulations adopted recently by the City with the intent to receive approval from COA Engineering Department. Our approach to Part One drainage mitigation will differ from the AEI to the extent that no modification to HPP, the existing pond inlet pipe or the outlet structure will be done. 1. Coordination and Kick -off meeting with project Design Team: This work will involve a project meeting to coordinate and start work that will include current site condition assessment, evaluation of the exiting drainage patterns and verify changes to post as -built drawings. Additionally, we will conduct a project coordination meeting with COA Engineering staff and discuss CBI's drainage study and verify its impact on URMP's approach. 2. Response to COA comments originally issued on 10/18/10: Sopris Engineering, LLC (SE) will review AEI's drainage report and their responses to City Engineer in conjunction with drainage system designs and for compliance with URMP. 3. Drainage Report for the HPP Delineated Drainage Area as shown in AEI's Exhibit: Our work for this category will include the following tasks and will be based on the City Engineer's design review comments mentioned above: SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3, Carbondale, Colorado 81623 (970)704 -0311 Fax (970)704 -0313 EXHIBIT "B" Burlingame Phase -I1 Drainage SE Proposal No. 11100 -A July 8, 2011 Page 2 of 6 • Drainage basin delineations for approximately 40% surface area, also designated as the southern section of the Phase -II and associated offsite basins. • Stormwater routing and conveyance analysis using the City's URMP spreadsheets and selected routing software. • HPP detention capacity verification for historic versus developed flow volumes. We will assume an irrigation base flow of 0.9 cfs, and we will incorporate CBI's existing condition flows. SE will Provide Calculations for 5 -yr, and 100 -yr storm events including the HPP's water quality capture volume (WQCV). • SE will Provide design recommendations for stormwater routing, collection, and conveyance including non - impactive HPP outlet improvements if available. We realize no changes to Harmony Park amenities is desirable. 4. Phase -II On -site WQCV and runoff detention capability: SE will perform a detailed analysis for the southern sub - basins within Phase -II as explained above to determine in -line bio- retention swales and rain gardens capabilities within the flood routing paths. We will provide possible integrated on -site stormwater mitigation enhancements. 5. HPP Outlet Structure: This task will include an analysis of the existing pond outlet capacity, development of its current condition output hydrograph in order to mimic the existing runoff release capabilities as requested by the City Engineer. 6. Coordination of Revisions to Southern Phase -II Stormwater Management Facilities: We will coordinate the design of system revisions and enhancements including grading with project team for inclusion in final design. It is understood that SE will provide design option(s) to project team, and AEI will perform design revisions. SE will review AEI's design changes for compliance and conformity to SE's final drainage report. 7. HGL and EGL Calculations and Plotting: SE will perform a system wide HGL and EGL calculations and compare the results to AEI's design based on the proposed system calculations accepted by the Engineering Department. 8. Design Review Meetings with City Engineering Staff: SE will facilitate and attend up to three (3) meetings with COA Staff to review the design approach and calculations. SE will also attend up to two (2) meetings with project team to facilitate and prepare its final drainage report. Northern Phase -II Stormwater Management Plan These engineering services will include the following tasks and will address the City of Aspen Engineering standards and other pertinent regulations as they relate to Burlingame Ranch Phase -II housing project. 1. Review of Engineering Department Comments: This work will be performed in order to address all project issues raised by the City Engineering Department to include the following work items: SOPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3, Carbondale, Colorado 81623 (970)704 -0311 Fax. (970)704 -0313 EXHIBIT "B" Burlingame Phase-11 Drainage SE Proposal No. 11100 -A July 8, 2011 Page 3 of 6 - A joint project coordination meeting with AEI, COA engineering staff, Project Manager, and perhaps Parks Department staff to finalize the overall requirements of stormwater management and irrigation water supply. - Attend design review meetings with COA engineering staff and AEI for completion of SE's drainage report. 2. Pond -2 Sizing: Calculations to accommodate onsite detention and release of water quality capture volumes as defined in AEI's recent drainage designs report will be performed by SE for compliance with URMP. SE will determine an irrigation base flow or maximum water surface elevation based on information from the Parks Department to accommodate irrigation water demands. It is our understanding that the primary source of water supply is the reclaimed water line and the secondary source of supply will be a potable water supply line for the project. 3. Level Spreader(s): SE will coordinate with AEI to determine the appropriate level spreader(s) sizes and configurations throughout project boundaries and /or specify alternative outlet protection facilities. 4. Stormwater Runoff Calculations: SE will perform stormwater calculation to determine Pre - development and post- development runoff volumes for 5 -yr and 100 -yr rainfall events as defined in URMP and based on Carter Burgess, Inc. report for storm events. 5. HGL and EGL Calculations: SE will perform HGL and EGL calculations for the proposed storm sewer system. Final Design Coordination Final site and stormwater management system designs will be coordinated with AEI to produce necessary implementation documents required for this project. This work will include progress design reviews and final design reviews by SE to ensure compliance and conformance to SE's final drainage report and Engineering Department' requirements. Sopris Engineering, LLC, at its sole discretion may elect to perform any applicable hydrologic /runoff analysis and calculations method or modeling software as outlined in URMP to model the basins and facilities under either part of the scope of work as explained above. Drainage Report This professional engineering work will include completion of final drainage analysis and preparation of a drainage report by SE for the entire Phase -II development. Engineering Services Fee Structure: As requested, our estimate of fees is based on a total professional engineering work, which includes the work outlined above. Our fees will not be exceeded without prior written authorization, and any additional engineering work, if requested beyond final submittal to City Engineering Department will be based on T &M rates established in this proposal. Total Phase -II Project Engineering Fees: $62,130.00 S OPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3, Carbondale, Colorado 81623 (970)704 -0311 Fax (970)704-0313 • EXHIBIT "B" Burlingame Phase -II Drainage SE Proposal No. 11100 -A July 8, 2011 Page 4 of 6 The additional work to provide engineering services during construction are not a part of this estimate. Services Not Included: Services excluded from this proposal are design services, landscape plans, soils/geotechnical services, structural design, geological hazard investigations, excavation and stabilization design, construction engineering services, construction staking, as -built survey or as -built plans, construction management plan, environmental studies, water rights research, wildfire studies, traffic studies, or any other special or unusual requirements. We can provide certain additional services based on a negotiated fee. Reproduction costs and other authorized services will be performed on a time and materials basis in accordance with the enclosed Schedule of Rates dated January 2011. Acceptance of Proposal: In accepting this proposal, the client warrants that funds are available to compensate SE, and that these funds are neither encumbered nor contingent upon the subsequent granting of approvals, permits, or financial commitments by lending institutions or other entities. Thank you for providing us with the opportunity to submit our proposal for this project. SE looks forward to working with you. Acceptance of this proposal may be indicated by signing the enclosed agreement and returning one signed copy to our office. Please contact us if you have any questions or concerns. Sincerel , S ENWG, LLC anc ichol, P.E. E. . / Prin 1pal S OPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3, Carbondale, Colorado 81623 (970)704 -0311 Fax:(970)704 -0313 EXHIBIT "B" Burlingame Phase -11 Drainage SE Proposal No. 11100 -A July 8, 2011 Page 5 of 6 Sopris Engineering, LLC Schedule of Rates (Effective January 2011) Total project charges are based on hourly rates, plus direct job expenses as follows: Personnel Charges Principal Engineer, Principal Surveyor $170.00/hr. Project Manager $120.00/hr. 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 $140.00/hr. Courtroom Expert Testimony $250.00/hr. Court and Deposition Preparation $170.00/hr Deposition $200.00/hr Computer Charges Computer Plots $20.00 /ea. Online Research Additional $20.00/ hr Misc. Charges Photocopies $0.15 /ea. Blackline/Blueline prints / small color $1.50 /ea. 24" x 36" Color prints $20.00 ea. Mylar Sepias $30.00 /ea. Vehicle Mileage $0.50/mi. Overnight Delivery (in state) as charged Overnight Delivery (out of state) as charged Custom Billing Forms $20.00 /hr Outside Consultants or sub - Contractors Billed at Cost plus 10% Other Direct Proiect Expenses Billed at Our Cost S OPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3, Carbondale, Colorado 81623 (970)704 -0311 Fax:(970)704 -0313 EXHIBIT "B" Burlingame Phase -II Drainage SE Proposal No. 11100 -A July 8, 2011 Page 6 of 6 AUTHORIZATION FOR PROFESSIONAL SERVICES BY SOPRIS ENGINEERING, LLC Project Name: Burlingame Ranch Phase -II Drainage — Civil Services for Site Development Proposal No.: 11100 -A Date: July 8, 2011 The services covered by this Authorization form shall be performed in accordance with the following provisions and the 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 furnished 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 the professional and technical soundness, accuracy, and adequacy of all work furnished under this Authorization. SE makes no other warranty, expressed or implied. 3. Termination: Either CLIENT or SE may terminate this Authorization by giving twenty (20) days written notice to the other party. In such event, CLIENT shall forthwith pay SE in full for all work previously authorized and performed prior to the effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 4. Legal Expenses: In the event legal action is brought by CLIENT or SE against the 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 may be set by the court. 5. Payment: Monthly invoices will be issued by SE for all work performed under the terns 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 are due and payable on receipt. Finance charges at 1 1/2% per month (18% Annual Rate) will be charged on all amounts which are over 30 days past due. Client/Owner agrees to pay reasonable collection and attorneys fees in the event of nonpayment. 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, estimates 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 eamed under this agreement, or $50,000, whichever is greater. Please provide the following information: CLIENT: Billing Name and Address: Approved for CLIENT: By: (Please print and Sign) Phone No. Title: - Date: S OPRIS ENGINEERING • LLC civil consultants 502 Main Street Suite A3, Carbondale, Colorado 81623 (970)704 -0311 Fax:(970)704 -0313