HomeMy WebLinkAboutresolution.council.078-13 RESOLUTION #
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND SOPRIS ENGINEERING LLC AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN,
COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
condo mapping services, between the City of Aspen and Sopris Engineering LLC,
a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract
for condo mapping services between the City of Aspen and Sopris Engineering
LLC, a copy of which is annexed hereto and incorporated herein, and does hereby
authorize the City Manager to execute said agreement on behalf of the City of
Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of August 2013.
Steven Skadron, Mayor
1, 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 August 12, 2013
�z
Kath S. Koch, City Clerk
"Exhibit A": Professional Services Agreement, Sopris Engineering
The Cin'of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009
PROFESSIONAL SERVICES
City of Aspen Project No.:
AGREEMENT made as of the 8"'day of July, in the year 2013.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Chris Everson
130 South Galena Street Total: $46,250.00
Aspen, Colorado 81611
Phone: (970)920-5055
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Sopris Engineering LLC Council of the City of Aspen.
c/o Mark Beckley
502 Main Street, Suite A3 City Council Approval:
Carbondale, CO 81623 Date: 2 ZO 3
(970)704-0311 G
Resolution No.: � O 3
For the Following Project:
Burlingame Phase IIA(i) Buildings 1 through 4 Condo Mapping
and Zoning Height Compliance
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Hourly Fee Schedule.
Agreement Professional Services Page 0
The City and Professional agree as set forth below.
1. Scope of Work. Professional shall perform in a competent and professional manner the
Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein.
2. Completion. Professional shall commence Work immediately upon receipt of a written
Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as
is consistent with professional skill and care and the orderly progress of the Work in a timely
manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later
than January 31, 2014. Upon request of the City, Professional shall submit, for the City's approval,
a schedule for the performance of Professional's services which shall be adjusted as required as the
project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having
jurisdiction over the project. This schedule, when approved by the City, shall not, except for
reasonable cause,be exceeded by the Professional.
3. Payment. In consideration of the work performed, City shall pay Professional on a time and
expense basis for all work performed. The hourly rates for work performed by Professional shall
not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually
agreed to by the parties the payments made to Professional shall not initially exceed the amount set
forth above. Professional shall submit, in timely fashion, invoices for work performed. The City
shall review such invoices and, if they are considered incorrect or untimely, the City shall review
the matter with Professional within ten days from receipt of the Professional's bill.
4. Non-Assn ability. Both parties recognize that this Agreement is one for personal services
and cannot be transferred, assigned, or sublet by either party without prior written consent of the
other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees, each
of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the
extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any
sums due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of this Agreement, without specifying the reason therefor, by
giving notice, in writing, addressed to the other party, specifying the effective date of the
termination. No fees shall be earned after the effective date of the termination. Upon any
termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models,
photographs, reports or other material prepared by the Professional pursuant to this Agreement
shall become the property of the City. Notwithstanding the above, Professional shall not be
Agreement Professional Services Page 1
relieved of any liability to the City for damages sustained by the City by virtue of any breach of
this Agreement by the Professional, and the City may withhold any payments to the Professional
for the purposes of set-off until such time as the exact amount of damages due the City from the
Professional may be determined.
7. Independent Contractor Status. It is expressly acknowledged and understood by the parties
that nothing contained in this agreement shall result in, or be construed as establishing an
employment relationship. Professional shall be, and shall perform as, an independent Contractor
who agrees to use his or her best efforts to provide the said services on behalf of the City. No
agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent
or servant of the City. City is interested only in the results obtained under this contract. The
manner and means of conducting the work are under the sole control of Professional. None of the
benefits provided by City to its employees including, but not limited to, workers' compensation
insurance and unemployment insurance, are available from City to the employees, agents or
servants of Professional. Professional shall be solely and entirely responsible for its acts and for the
acts of Professional's agents, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and
shall assume full responsibility for payment of all federal, state and local taxes or contributions
imposed or required under unemployment insurance, social security and income tax law, with
respect to Professional and/or Professional's employees engaged in the performance of the services
agreed to herein.
8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on
account of injury, loss, or damage, including without limitation claims arising from bodily injury,
personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind
whatsoever, which arise out of or are in any manner connected with this contract, if such injury,
loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by,
the act, omission, error, professional error, mistake, negligence, or other fault of the Professional,
any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's
compensation claim of any employee of the Professional or of any employee of any subcontractor
of the Professional. The Professional agrees to investigate, handle, respond to, and to provide
defense for and defend against, any such liability, claims or demands at the sole expense of the
Professional, or at the option of the City, agrees to pay the City or reimburse the City for the
defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is
determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act,omission,or other fault of the City, its officers, or
its employees, the City shall reimburse the Professional for the portion of the judgment attributable
to such act, omission, or other fault of the City, its officers, or employees.
9. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies
of insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by the Professional pursuant to Section 8 above. Such insurance shall be in
Agreement Professional Services Page 2
addition to any other insurance requirements imposed by this contract or by law. The
Professional shall not be relieved of any liability, claims, demands, or other obligations
assumed pursuant to Section 8 above by reason of its failure to procure or maintain
insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts,
duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the
Professional to procure and maintain, the minimum insurance coverages listed below. Such
coverages shall be procured and maintained with forms and insurance acceptable to the
City. All coverages shall be continuously maintained 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 procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by
applicable laws for any employee engaged in the performance of work under this
contract, and Employers' Liability insurance 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-insured status may be substituted for the
Workers'Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum 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.
Waived for siRgle bodily J" J pr-opefty damage of not less than Ws�N41LLION
t h i s POLLARS ($1,000,000-00) earah 0eetiff
eace and ONE N41LLION DOLLARS
contract
owned vehieles assigned to or used in performance of the Seepe of WedE. The
owned atAomobiles, the r-equir-ements of this Section shall be met by eaeh empleye
of the Pfef i pfeviding, es to the City_ma__this -
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
Agreement Professional Services Page 3
(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 operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided to the City shall be completed by the
Professional's insurance agent as evidence that.policies providing the required coverages,
conditions, and minimum limits are in full force and effect, and shall be reviewed and
approved by the City prior to commencement of the contract. No other form of certificate
shall be used. The certificate shall identify this contract and shall provide that the coverages
afforded under the policies shall not be canceled, terminated or materially changed until at
least thirty(30)days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the
required coverages, conditions, and minimum limits shall constitute a material breach of
contract upon which City may immediately terminate this contract, or at its discretion City
may procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by City shall be
repaid by Professional to City upon demand, or City may offset the cost of the premiums
against 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 agree 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 Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management Department and are available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
CIRSA. City shall provide Professional reasonable notice of any changes in its membership or
participation in CIRSA.
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
Agreement Professional Services Page 4
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 or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status,
affectional or sexual orientation, family responsibility, national 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 regard whatsoever shall not constitute a waiver of any
term, 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. Notwithstanding
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.
16. Illegal 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 are defined in the new law and by this reference
are 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
Agreement Professional Services Page 5
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 furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are 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 are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming 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
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) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. 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.
Agreement Professional Services Page 6
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new 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
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.
16. Warranties Aizainst Continizent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
Agreement Professional Services Page 7
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
17. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived,
superseded or extended except by appropriate written instrument fully executed by the
parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or
unenforceable it shall not affect or impair the validity, legality or enforceability of any other
provision.
(c) The parties acknowledge and understand that there are no conditions or limitations
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.
Agreement Professional Services Page 8
(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 all original oil
the date first written above.
A I
CITY 0I'--,ASP,1-'N, COLORADO: PROFES I NAII-
Signature iatur-
6 By: By:
�7
[Nam'
Title: Title: P1 I
Date: Date:
Approved as to form:
�ltyt�torney's Attorney's Office
Professional Services
Page 9
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
Scope of work per pages 1 and 2 of proposal
attached.
Agreement Professional Services Page 10
EXHIBIT B PROFESSIONAL SERVICES AGREEMENT
Fee Schedule
See fee schedule on page 3 of attached proposal.
Agreement Professional Services Page 11
May 29, 201
Chris Everson
Affordable Hnusiny, PnJcctMxnagcr
City oFAspen
\3O South Galena Street
Aspen, CO &|6| |
Emui|: uhriy.evumou6 cihw[bmpcn.com
RE: Burlin0omC 112013Coodmniniu111 K4oppio"
8E Proposal No. 1]075l}1
Deal-Chris:
800ris Engineering., 1-1-C(SE) is pleased k`submh the fbUo*ioAproposal for the DrN and off ice work necessary to
aubm|1ZooingH6ghtrompUxocc3urvcykcpoUaundCoo(1mniuiux) K4opkx(hmiokinlk`ur(4)buiNix&einWhe
Burlingame Ranch 9honc l| Project located ill &spun.Colorado(see attachment). Per your email these four buildings will
house forty-eight(48) individual coudon/iuimo ooiio. It is Out*m1demtnndingthat survey reports and condominium
mapping are k`hu completed (o facilitate homeowners hcu unins,k`ncmpyUu ooi|m ill Dcucmhcr,2013. We would
anticipate preparing both the required Zoning-,Compliance Survey kepm1s and Condominium muppiogum soon us
c*omUnc1imlaUowu.
Scope of W01-
Zoning Compliance Survey :
SE would p,cpmr the individual building Survey Reports per the(\xnmuui(y Dcrc|*pmellt DrnuUnncnt policy. We will
coordinate with both |hcGcncro| Contractor and the City's Zoning Officer iuSet ncheJo|eund to idcuh[vibc hcoiionyml
the buildings to be verified for height compliance.
The scope of work for this proJect w|UindodeNhc6eNondofhoewmrkucvcmxryk`cs(uh|ishhorizo/Uo| ondvcricu|
control on-site.as-bUilt the buildings both horizontally and vertically and prepare the report and accompanyingelevation
drawing certified and dimensions per the City's requirements. This work will be perl'ormed in such a nianneras to aide ill
the preparation u[UhcnonduoDioiuol mopping.
Condominium mapping:
SE-%vould prepare a Condomillit.1111 Mal) to accompany a ConclornilliUm Declaration or supplement to all existing
Declaration, Said Mal) will he coordinated with and compliant tnUm Declaration which will he p,cpmrcJ bv the City
&(torneyor others m designated by you. This Map would conform to Colorado Condominium Interest Ownership Act of
2005 (CC10A) requirements as my forth in the 2009[hkxndo Revised Statutes Section J8-]3]-2OV(Plats and Maps)and
would bc recorded io the Office o[the Clerk and Recorder ofPitkinCounty.
The Scope w[work for this p Jec1wiUindude the field and officc work necessary (o prepare uCondominium Map,uu
outlined above. Field crews will establish horizontal and vertical control on-site,set monumentation to establish the
property right-of-way and phase boundary(35+/-monuments); along with Site iniprovernent locations including
parking areas. sidewalks,Curb, gutter and od��u[pavcm�uiu\m��th�devc|opm�ntudiovenito the site; buUding
corners, balconies and decks, patios,exterior stairways, (/uyh cnc|ua/nry,and visible u|i|i{yuouuuuhoxy that may
ioOucncC Nbc mapping. Field work also ioc!udeeneusuhn�the exterior o[thc building.as well as the interior unit
airspaces(between demising walls only, not to include interior Ullit walls or partitions),common elements,and
collecting finished floor and ceiling elevations oil each level.
502 Main Street * Suite A3 - Carbondale, CO 8:L623 * (970) 704-0313 - Fax (970) 704-03:1
SOPRIs ENGINEERING * LLCcivil consultants
Burlingame Phase 11 Condominium Mapping
SE Proposal No. 13075-02
May 29, 2013
Page 2 Of 4
Office work inc|udca coordinating with the Project teambnfaci|itatccondominiummuppiug. This inc|udcoworking
with tile Project teum0m align tile Condo Mapping with the legal documents and intent uf the condo association.
Survey technicians will process field data,analyze the information and research compliance with recorded platted
caucn)onta; ooviewcunrn{hUc`vork, reOrotdUceayonentanndcxucptiunsinto{hcbaxedm*iug,undca|cu|ate
individual unit areas based Upon fiddmcn sit tile tits. \Vc will prepare tile Condominium Map according$oState
81xfti(em and local requirements for recording and will manage f ic|d books, tiles and notes.
Required Information
In order tocomplete the work described ubuvc. SE will require open access<oeach uniL in Ulcu*ns(ructcd building. St."
will also ,equirc current title work 0m determine eauem*nts and exceptions in place nrofrecord. \Vc would also ask that
the client provide electronic aoch(0mc(om| plans for tile new buildings to be Utilized as background |iuc work for tile
mapping floor plans and elevation vicvva.
Fee Pronosall
SE can perforin the work as defined above oil a tirric and materials basis in accordance with the attached Schedule of
Hourly Rates dated Junuury2O\]. SC estimates this can bc accomplished for a fee in tile range uf$]Q,500(o$4G,250.
This ranoe is attributable to unknowns SUITOLInding easement adftistnlcnts and limited coninion element variables.
Services Not Included
The services not included in this proposal are onycivil dcsign,condnudknn y<okin�� topographic ourvg� building pcnni1
applications,or any other special or UnUstial reqUit-eillerItS. However, if any additional set-vices are needed or reqUested,
1ecsmuyhuncgp(iuicd [or(hoscscrviocoonniimuuudmu(eria\sbusiaosiudicatcdooUhccnc\unod8dhcdo|oo[Uourh
Rates.
Acceptance of Proposal
}o accepting this proposal, (lie client warrants that funds are available to compensate SE and that these funds are neither
encumbered nor con|in"ent Upon tile muhacqucnt granting ofupprovub� permits. orI imnciu| commitments 6vlending
institutions or other entities. You may accept this proposal by signing the enclosed Authorization For Professional Services
and returning one signed copy|o our othcc.
Thank you for providing Lis with on oppodnni1y to submit pn`pomui for this project. S6 looks forward tu working with
YOU Oil this l3 'mct. Please contact mei[ynu have any questions or need further information.
Sincerely,
SOP&\8 ENGINEERING, LL/C
�
&4urk0eck|c: P.L.S.
Principal
Sno|oyures: Schedule of Hourly Rates, Authorization foi-Professional Set-vices
502 Main Street * Suite A3 - Carbondale, CO 81623 - (970) 704-0311. * Fax (970) 704-0313
SOPRIs ENGINEERING * LLCcivil
Burlingame Phase 11 Condominium Mapping
SE Proposal No. 13075.01
May 29, 2013
Page 3 Of 4
SOPRIS ENGINEERING,LLC
SCIIEDULE OF HOURLY RATES
Effective January 2013
'Total project charges are based on hourly rates,plus direct job expenses as follows:
Personnel Charges
Principal Engincer, Principal Surveyor S 190.00/11r.
Project Manager S 120,00/hr.
Protect 17-mgineer(PE), Survey Wilager(1—S.) $105.001/1•.
Design and/or Field Ell"illeer. Survey Supervisor-1 S90,00/111%
Technician, Field Observer, Party Chief $80,00/hr.
Technical Typist,Clerical $50.00111•.
Three-man Survey Crew $170,00/lu%
Two-mall Sul-Vey Crew $140.00/hr.
Robotic SUrVCY Cl-CNV S 140.00/hr.
GPS Survey Crew $150.00/hr.
Courtroom 1--.xl)ci-t Testimony $250.001,11•.
Court and Del)oSiti011 Preparation $170.00/hr
Deposition S200,00/hr
Computer Charges
Computer PUS $20.00/ea.
Online Research Additional$20.00/Ili-
Miscellaneous Charges
Photocopies $0.15/ca.
Blackline.'Blucline prints/small color $1.50/ca.
24"x 36"Color prints $20.00 ca.
mylar Sepias $30.00/ca.
vehicle mileage $0.50,1111i.
Overnight Delivery(ill state) as charged
Overnight [Delivery(Out of'state)
as charged
Custom Billing Forms $20.00/fir
Outside Consultants or sub-Contractors Billed at 01.11-Cost pAUS 10
Other Direct PiAect Expenses B i I led at Our Cost
Fravel Expenses:
Airfare, lodging, meals,car rental, telephone, parking tees,etc.
Sot Main Street Suite A3 • Carbondale, CO 81623 (970) 704-0311 Fax (970) 704-031
S O P R I S ENGINEERING * L L C civil consultants
Burlingame Phase 11 Condominium Mapping
SE Proposal No. 13075.01
May 29, 2013
Page 4 Of 4
AUTMqROCATION FOR PROFESSIONAL SERVICES
BY80P8IS ENGINEERING,LL(-
Project N=mc' Burlingame Condominium Mapping
Proposal No.: 13075-01
Date: K1u>lY.2o|3
The services cowred by this Atithorkotion lbrin sliall lie perlbrined in accordance with tile following pnviai^o'and the enclosed 8opris
[ngi"^chotg.L|/C(SC)proposal k/ur limed above uo|co"/hcn^isxspecified.
/. Tim,Schedule: SE will make every reasonable el'tort to complete all services.\\hich are specifically to be fbinished under this
uQocmmuinwlimc|ym,oxcr.
%. Professional Standards: S&I shall be responsible.10 tile level orcompetency presently maintained by otherpracticing proressional
cngin*cmAvneyors|oU`ewmo|y[**lx*rkiuth*Uieo&[mnmoxity,D`rth*pmfesnivun\uvdtednim\mmldnxSS.uuuvmcY.xno
adequacy n[al|"^rk rumish*d under this Authorization. S[makes wo other warranty,expressed mimp|i*].
J. Tv,mivmioo: GU`uL'UENT*,SCmnytmoiuo|c/his Ao|hodumim/bygiviog/wcx�(Z0)days n,iocn not iru/o the other pnny, |o
such evn�C]JENT shall lonhxi,hp�iy3[inkd}for all work previously authorized and performed prior w the effective date of'
unninn|iov, 11'no notice ot'lerinination is given, relationships and obligations created by this Authori/ation shall be terminated upon
completion o[W|applicable uqobxxmno( hi*Authorization.
4. Legal Expenses: (it the event legal action iu brought hyn.|CNTmSC against the other mcurorce tile obligations bcnoode,vrmioiog,out
ofany dispute concerning file temis and conditions hercb� created,tile losing party shall pay the prevailing party such reasonable 4111101,111ts
k`,kes,cvm,m`d expenses o,may tic set h}tile mvn.
1;. Poym,on Monthly invoices v ill hci*LWJh> SCkvoUnvrkpolomied under the/cmyv[thinug^ro/m'. Hole uCC000hog cuts vffom
the z5th^[lhvmmxb(invoice dnle). invoices v ill hc sent out oil m about the last(lay v/Uvmouk |h~xv ill be sent m tile client at tile
address indicated at the bottom^f(his&udwhmh,mform. Invoices are due nnd payable oil nc ipt ol'0ty ol'Aspen xypm,ala Finance
charges at 1/2o!/o per nionth(6m Annual Rafe)will be charged oil all aniounts%Nhich are over 30 da%s past title. Oi*oN3vnr,agrees mpay
reasonable collection and attorney's 6cs ill tile event o[nvopaymcnt.\Wityof Aspen Approvals are not received hy]mne.Z0|iUhmogh
m`fault(If Sop6y ioeeh/rt).. [LC prior invoices are |OU%(file.
6. Assignment vfAgreement: Thipogxxm,m shall be binding oil tile heirs,successors and assions ol'the parlies hereto and is no[to be
assigned by either party vi,h^u1 first^Noiningo (lie written consent of* heother,
7. Ownership^fDocuments: All reports,plans. UcW data, fivWnotes,calculations,estimates and other documents prepared hy SF.o,
in,onmu`m^r,ervice.shall remain mvp^vn*,\ ^/mcxv|^o there are other contractual,euenmx`,
S. Limitation v[Liability: xC'^liability w tile O]CN l' ki,any negligent act.error m "mixi"^ i, ind`,,genuu/c.limited u all om^vu/not
to exceed the fee earned under this ogr,mo`/.of,*5um0 xhi,hue,irgreater.
CLIENT:
Please provide the following information:
Approved for CLIENT: Billing-Nume and Address:
uy:
/mc
Dxe:__ __
Phone wv ___________________________
P'yymvil bY:xob
502 Main Street - Suite A3 Carbondale, CO 81623 (970) 704-03:Li Fax (970) 704
SOPRIs ENGINEERING * LLCcivil
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