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HomeMy WebLinkAboutCity of Aspen Lift 1A Proposal March 10, 2017 Jennifer Phelan, AICP Deputy Planning Director Community Development Department City of Aspen 130 S. Galena St. Aspen, CO 81611 via email: jennifer.phelan@cityofaspen.com Dear Jennifer, As per our phone conversations, following is SE Group’s proposal for undertaking a 3rd party assessment of the Lift 1A replacement project as it relates to proposed developments of the Gorsuch Haus and Lift 1 Lodge properties, and creating a skiers’ link to the original ski area portal near Dean Street. Our assessment will involve evaluating potential optional lift configurations, and outlining regulatory, physical and operational considerations for providing enhanced skier access to the original mountain portal. The assessment will investigate three options: 1. Extending the Lift 1A alignment proposed by the Gorsuch Haus project further down the slope closer to Dean Street. 2. Extending the current Lift 1A alignment further down the slope closer to Dean Street. 3. A surface lift or people-mover option linking a Dean Street skiers’ portal to the Lift 1A bottom terminal location proposed by the Gorsuch Haus project. SCOPE OF WORK Our scope of work will include five sequential tasks: TASK 1 – Base Mapping Set-up 1. De-archive and organize base mapping files 2. Prepare Gorsuch Haus base sheet with proposed buildings and related pedestrian, skier and vehicular circulation improvements. 3. Prepare Lift 1 Lodge base sheet with proposed buildings and related pedestrian, skier and vehicular circulation improvements. TASK 2 – Analysis 1. Data collection 2. Layout of different lift alignment/configuration options 2 3. Review and evaluation of proposed building heights, lift setbacks, and other physical, regulatory, and operational considerations 4. Grading, elevation and spatial studies for lift terminals and structures TASK 3 – Review with City of Aspen 1. Illustrations of initial findings sent to City of Aspen 2. Conference call with City of Aspen to review initial findings 3. Revisions TASK 4 – Report Production 1. Report outlining study methodologies, information sources, findings, and conclusions 2. Graphics production of report illustrations TASK 5 – Presentation (OPTIONAL) 1. Preparation for presentation 2. Travel to Aspen and presentation to City of Aspen TIMING We are prepared to initiate the project on April 3rd. It is anticipated that tasks 1-4 would take 2 to 3 weeks to complete. The presentation in Aspen would occur following completion of tasks 1-4, as schedules dictate. PROFESSIONAL FEES AND EXPENSES Professional fees for tasks 1-4 are not anticipated to exceed $10,000. Professional fees for Task 5 are not anticipated to exceed $2,500. Project expenses (travel, printing, etc.) will be billed in addition to professional fees and are estimated at approximately five percent of the professional fees without the presentation in Aspen and 10 percent with the presentation. SE Group will not exceed this budget estimate without prior authorization and/or a scope revision from the client. CLIENT AUTHORIZATION If you are in agreement with the Scope of Work, Timing, and professional fees described above, as well as the attached SE Group Terms and Conditions, your signature on a duplicate of this document and its return to our Frisco, CO office shall constitute an agreement between us. We request a retainer in the amount of $2,000 to authorize our commencement of the project. 3 We look forward to the opportunity of assisting the City of Aspen with this assessment. Please feel free to contact me with any questions or comments. Sincerely, Sno.engineering, Inc. (d/b/a SE Group) Chris Cushing Vice President ACKNOWLEDGED AND ACCEPTED: This letter of proposal and SE Group’s Terms and Conditions as attached comprise the total agreement between SE Group and City of Aspen – Community Development Department. By: Title: Date: 4 SE Group (Sno.engineering, Inc., d/b/a SE Group) TERMS AND CONDITIONS Retainers: All retainers will be applied to final project billing to Client. Compensation: Billings to Client for all work in connection with the Scope-of-Work and Additional Services (i.e., all work in addition to that required in connection with the stated Scope-of-Work) shall consist of the following: Professional Fees: All professional services performed by SE Group will be billed on an hourly basis. SE Group’s hourly rates for calendar year 2017 are as follows: Principals/Directors $170 to $210 Senior Associates $135 to $180 Associates $95 to $130 Professional Staff $85 to $120 Administrative Support $75 to $105 The above hourly rates will be adjusted on an annual basis, effective January 1 of each ensuing year. Direct Expenses: Direct expenses include, but are not limited to, travel and travel related costs such as actual transportation costs, food, subsistence and lodging, printing, faxing, internet fees, telephones, maps, documents prepared by others, materials, in-house prints, copies, renderings, models and mock-ups, plots, any expenses for insurance coverage or limits of insurance which are in excess of that normally carried by SE Group and other similar direct expenses related to the completion of the Scope-of-Work. All Direct Expenses will be billed at cost, plus ten (10%) percent. Sub-Consultant Fees: Sub-Consultant fees and expenses, if any, will be billed at cost, plus ten (10%) percent. Payment Terms: SE Group’s invoices will be prepared and sent on a monthly basis. Invoices will be sent in a standard summary format without supporting documentation. More detailed billings may be requested by the Client, and will be prepared by SE Group and billed as Additional Services. Payment is due upon receipt of the invoice. A “Service Charge,” which is the greater of twenty ($20.00) dollars, or one and one-half (1½ %) percent per month (unless limited by the prevailing legal rate) will be assessed and billed monthly (at SE Group’s discretion) on each unpaid invoice, or unpaid portion thereof, at the time of the next billing. Client agrees to pay all costs of collection, including, but not limited to, reasonable attorney’s fees, expert witnesses fees, and all other collection charges and expenses. Termination: If the Client fails to make payments to SE Group in accordance with the “Payment Terms” above, SE Group may, at its sole discretion, elect either to temporarily suspend or terminate all work and services. SE Group will give seven (7) days’ notice, in writing, to Client of any said suspension or termination. Other than termination for non-payment, either party may terminate this Agreement upon five (5) days’ notice, in writing, to the other. 5 In the event of termination of SE Group’s services for any reason, SE Group shall be paid “Termination Expenses,” which include time and expenses necessary for both itself and for its Sub- Consultants, to finalize analyses and records as necessary, and to complete any reports on services already performed, in a manner appropriate for the professional services provided. Billing of these expenses shall be as Additional Services; and are in addition to Professional Fees, Direct Expenses and Sub-Consultant Fees incurred to the date set forth in the Notice of Termination, attributable to work performed on the Scope-of-Work and any previously authorized Additional Services. Client hereby waives any and all claims for consequential damages arising out of any disputes or other matters relating to this Agreement, including, without limitation, consequential damages due to said termination. Specifically, but without limiting the generality of the foregoing, Client hereby waives on claims for damages incurred by Client for rental expenses, for losses of use, income, project financing, business and reputation. In no event shall SE Group’s liability arising out of any claims or demands exceed the amount paid for Professional Fees as defined in “Compensation” above. Instruments of Service: Drawings, specifications and other documents, including those in electronic form, prepared by SE Group and its Sub-Consultants are instruments of service for use solely with respect to this project. SE Group and its Sub-Consultants shall be deemed the authors and owners of their respective instruments of service and shall retain all common law, statutory and other reserved rights, including copyrights. Upon execution of this Agreement SE Group grants to the Client a non-exclusive license to reproduce said instruments of service solely for the purposes of the project described in the Scope-of- Work, provided that the Client shall comply with all obligations including prompt payment of all sums when due under this Agreement. SE Group shall obtain similar nonexclusive licenses from its Sub- Consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the project shall terminate this license. Upon such termination, the Client shall refrain from making further reproductions of instruments of service and shall return to SE Group within seven (7) days of termination all originals and reproductions in the Client’s possession or control. If and upon the date SE Group is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, non-exclusive license permitting the Client to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the instruments of service solely for purposes of completing, using and maintaining the project. Except for the licenses granted in the preceding paragraph, no other license or right shall be deemed granted or implied under this Agreement. The Client shall not assign, delegate, sub-license, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of SE Group. However, the Client shall be permitted to authorize any Contractor, Subcontractors, or material or equipment suppliers to reproduce applicable portions of the instruments of service appropriate to and for use in their execution of the project by license granted above. Submission or distribution of instruments of service to meet official regulatory requirements or for similar purposes in connection with the project is not to be construed as publication in derogation of the reserved rights of SE Group and its Sub-Consultants. The Client shall not use the instruments of service for future additions or alterations to this project or for other projects, unless it obtains the prior written agreement of SE Group. Any unauthorized use of the instruments of service shall be at the Client’s sole risk and without liability to SE Group and SE Group’s Sub-Consultants. Change in Scope-of-Work: The Scope-of-Work to be performed by SE Group is as set forth in the attached letter or proposal. Change in services or in the Scope-of-Work including services required of SE Group’s Sub-Consultants, may be accomplished, without invalidating the authorization contained in the attached letter or proposal, if mutually agreed in writing, if required by circumstances beyond SE Group’s control, or if SE Group’s services are affected as described below. In the absence of mutual agreement in writing, SE Group shall notify the Client prior to providing such services. If the Client deems that all or a part of such Change in Services is not required, the Client shall give prompt written 6 notice to SE Group, and SE Group shall have no obligation to provide those services. Except for a change due to the fault of SE Group, change in services of SE Group shall entitle SE Group to an adjustment in compensation in accordance with the “Compensation” paragraph above. If any of the following circumstances affect SE Group’s services for the project, SE Group shall be entitled to an appropriate adjustment in SE Group’s schedule and compensation: 1) change in the instructions or approvals given by the Client that necessitate revisions in instruments of service; 2) enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared instruments of service; 3) decisions of Client not rendered in a timely manner; 4) material change in the Scope-of-Work including, but not limited to, size, quality, complexity, the Client’s schedule or budget, or procurement method; 5) failure of performance on the part of the Client, or the Client’s consultants or contractors; 6) preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where SE Group is party thereto and, except as provided for in the Scope-of-Work.