HomeMy WebLinkAboutresolution.council.143-00 RESOLUTION NO. 143
(SERIES OF 2000)
A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO, APPROVING AN
PROFESSIONAL SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND DHM
DESIGN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
PROFESSIONAL SERVICE AGREEMENT ON BEHALF OF THE CITY OF ASPEN
WHEREAS, there has been submitted to the City Council a professional service
agreement between the City of Aspen, Colorado and DHM Design, a copy of which is annexed
hereto and part thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COL0~RADO.
Section One
That the City Council of the City of Aspen hereby approves that the Professional
Service Agreement between the City of Aspen, Colorado, and DHM Design, regarding the
Burlingame Ranch Affordable Housing Development Design Contract, 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.
Dated://f ~ (7 -- , 2000.
I, Kathryn 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 ~,,/ _,~ ,2000.
· Kathryn S/gKoc-h City Clerk /~~,._~
AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement made and entered on the date hereinafter stated, between the CITY OF
ASPEN, Colorado, ("City") and DHM Design, ("Professional").
For and in consideration of the mutual covenants contained herein, the parties agree as
follows:
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 September 2001. 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 $121,680.00 for Phase I. Services rendered in Phase II will be provided on a
time and materials basis based on the attached professional's hourly rates. 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-Assignability. Both parties recognize that this contract 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.
PS1-971.doc Page 1
5. Termination. The Professional or the City may terminate 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 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.
6, Covenant Against Contingent Fees. The Professional warrants that s/he has not
employed or retained any company or person, other than a bona fide employee working for the
Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any
company or person, other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gifts or any other consideration contingent upon or resulting from the award or
making of this contract.
7. Independent Contractor Status. It is expressly acknowledged and understood by
the parties that nothing contained in this agreement shall result in, or be construed as establishing
an employment relationship. Professional shall be, and shall perform as, an independent
Contractor who agrees to use his or her best efforts to provide the said services on behalf of the
City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the
employee, agent or servant of the City. City is interested only in the results obtained under this
contract. The manner and means of conducting the work 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
PS1-971 .doc Page 2
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
pan 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 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) Workrnen's 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 Workmen's Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with mhfimum 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.
PS1-97i.doc Page 3
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injtu'~y and property damage of not less than ONE MILLION
DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000:00) aggregate with respect to each Professional's owned, hired and non-
owned vehicles assigned to or used in performance of the Scope of Work. The policy
shall contain a severability of interests provision. If the Professional has no owned
automobiles, the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($I,000,000) each claim and ONE MILLION DOLLARS
($1,000,000) aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the
City's officers and employees as additional insureds. Every policy required above shall be
primary insurance, and any insurance carried by the City, its officers or employees, or carried
by or provided through any insurance pool of the City, shall be excess and not contributory
insurance to that provided by Professional. No additional insured endorsement to the policy
required above shall contain any exclusion for bodily injury or property damage arising from
completed operations. The Professional shall be solely responsible for any deductible losses
under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages, condi-
tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the
City prior to commencement of the contract. No other form of certificate shall be used. The
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
PS1-971.doc Page 4
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 Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of
Aspen Finance Department and are available to Professional for inspection during normal
business hours. City makes no representations whatsoever with respect to specific coverages
offered by CIRSA. City shall provide Professional reasonable notice of any changes in its
membership or participation in CIRSA.
11. Completeness of A~reement. It is expressly agreed that this agreement contains
the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal
or written representations, agreements, warranties or promises pertaining to the project matter
thereof not expressly incorporated in this writing.
12. Notice. Any written notices as called for herein may be hand delivered to the
respective persons and/or addresses listed below or mailed by certified mail return receipt
requested, to:
City: Professional:
Steve Barwick, City Manager Laura F. Kirk, Vice President
City of Aspen DHM Design Corporation
130 South Galena Street 580 Main Street, Suite 110
Aspen, Colorado 81611 Carbondale, CO 81623
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 mtmicipal 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. Notwith-
PS1-971.doc Page 5
standing anything to the contrary contained herein, this agreement shall not be binding upon the
City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his
absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the
Mayor (or a duly authorized official in his absence) to execute the same.
16. 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.
(lo) 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.
(d) This agreement shall be governed by the laws of the State of Colorado as
from time to time in effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their
duly authorized officials, this Agreement in three copies each of which shall be deemed an
original on the date hereinafter written.
[SIGNATURES ON FOLLOWING PAGE]
PS1-971 .doc Page 6
ATTESTED BY: CITY OF ASPEN, COLORADO:
~~~Z~/~/;~. By. ,~~~ ~'~_~------'~/~~~::~
Date:/l<
WITN/~, ED BY: PROFESSIONAL:
~"'--~ DHM Design Corporation
Ti~e: VtC~ ~'~~q'
PS1-971.doc Page 7
EXI41RIT "A" to Professional Services Agreement
Scope of Work
The scope of work will consist of the following elements:
1. Objective
The Consultant will be selected to produce a Comprehensive Development Program (CDP)
for the Affordable Housing component of Burlingame Ranch (see Task 3 below). The CDP
will take the form of mostly written and some graphic material in a booklet. The CDP will
be used to solicit Request For Proposals for the creation of preliminary designs, design
development, construction documents, cost estimates and a guaranteed maximum price for
the project.
2. Services
The propose of this solicitation is to select a qualified Consultant to act on behalf of the
property owners through APCHA to create a Comprehensive Development Program for the
affordable housing portion of the project. The successful Consultant will establish and be a
part of a Consulting Team, which will include architects, planners, civil engineers,
landscape architects, transportation consultants, surveyor, construction manager, estimator
and other professionals that are required to successfully complete the project as described
in this RFP. The Consultant may be any one of the above. The team of professionals will be
recommended by the Consultant and approved by City Council. The Consultant will
manage all project consultants, project budgets and costs under the supervision of the
APCHA.
The Consultant will call upon any professional in the Consulting Team to respond to any
request of the COWOP Task Fome Team or City Council. Performance of any such
request will be managed by the Consultant under the supervision of APCHA. The
Consultant will also provide project reports as needed. The Consultant will coordinate the
COWOP Task Fome Team project design recommendations into the CDP that City Council
approves.
The following tasks listed under BOTH Phase I and Phase II are required of the Consultant
and Consulting Team:
(a) Phase I: Existing Conditions Analysis of Entire 219 Acre Site 1. Analysis of existing conditions of the site;
2. Create a fixed budget for Consultant's fees for Phase I
PS1-971 .doc Page 8
Phase II: Development of Comprehensive Development Program for Affordable Housing
Component
3. Assist in general project identification for Burlingame Ranch resulting in a
written final Comprehensive Development Program that will be used to solicit
design proposals leading to construction, including any relevant graphics
created during the COWOP Process (the selected professionals for this RFP
will be eligible to submit a Design proposal leading to construction);
4. Create visual aids and designs as may be requested by the Task Force Team
and City Council with approval of the City Council;
5. Compose and distribute meeting minutes;
6. Write interim reports as required.
The selected Consultant will be responsible for completing the CDP consistent with all the
terms, standards and conditions of the Professional Services Contract (Ex. F), within the
budget and schedule developed by the Consultant and approved by the City Council.
b?Phase I
TASK 1 :Analysis of Existin~ Site Conditions of Entire 219 Acres
The first task of the Consultant shall be to assist the COWOP Task Force Team in a
comprehensive review and analysis of the existing site oppommities and constraints. This
review and analysis will be used to consider options for construction methods and
materials, scheduling and budget. This analysis and scheduling wiI1 be refined and updated
throughout the COWOP process. As part of the Existing Site Conditions Analysis, the
Consultant will evaluate and address at minimum:
1. Plat of survey
2. Topography of site
3. Environmental and wildlife issues
4. Plant materials
5. Soil analysis
6. Utility connections
7. Access routes
8. Public transit access
9. Market research
TASK 2: Create a Fixed Budget for Phase I Consnltant's Fees
The Consultant is required to provide a fixed budget for work to be preformed in Phase I.
This budget must be approved by the City Council prior to the execution of any of the tasks
described above. The Consultant will be responsible, under the supervision of APCHA, for
keeping the cost for Consultant Team fees within the City Council approved budget. (A
second contract will be negotiated for Phase II at the completion of Phase I.)
PS1-971 .doc Page 9
*Phase H
TASK 3: Comprehensive Development Program
Information from the COWOP Task Force Team, Pre-Annexation Agreement, and thc Existing Site
Analysis will be the foundation for the Comprehensive Development Program that will address the
following:
1. Written principles for Project Design and Development;
2. Market analysis and recommendations for individual dwelling unit designs and mix,
building designs and mix;
3. Written neighborhood design concept and guidelines including scale and livability;
4. Writren building type concepts and aesthetics with photo examples;
5. Written description o£ individual dwelling unit amenities;
6. Incorporatiun of Green Building design enncepts;
7. Circulation standards including pedestrian orientation;
8. Traffic impact studies and transit-oriented design standards;
9. Neighborhood access to public transit;
10. Satisfy City of Aspen's Development Review Commi~ee requirements;
11. Address possible adverse effects of existing conditions on proposed development;
12. Landscape concepts and native plant materials;
i3. View maximization;
14. Environmental issues and analysis;
15. Infrastructure -- water, sanitary, storm drainage, streets, electrical, TV cable, fiber-
optic, and natural gas
16. Cost analysis of alternatives
The Comprehensive Development Program (CDP) for the affordable housing component will be
based on input from the COWOP Task Force Team and City Council members. The CDP will be
accomplished ~hrough consensus building, basic charettes and incorporation of established
principles for Project Design and Development. Written material must allow designers and
contractors to interpret information into their designs and cost estimates.
To identify program elements, the creation of simple graphic materials and/or visual aids may be
necessary to encourage dialogue. Photographs, sketches, material samples, overhead projections,
computer presentations, digital images will be encouraged.
TASK 4: Compose and Distribute Meeting Minutes
The Consultant shall be required to attend all COWOP Task Force Team and project related
meetings. Such meetings will be documented in a project tracking form and distributed to
APCHA, Bar/X Ranch, LLC, City Council, Task Force Team members, and other interested
citizens as required.
TASK 5: Write Proiect Status Reports as Required
The Consultant shall be required to write project status reports as requested by APCHA, Bar/X
Ranch, LLC and/or City Council for the benefit of providing all-inclusive updates on the status of
the existing conditions, the Comprehensive Development Program, and management of project
budgets and costs including Consultant fees.
PS1-971.doc Page I0
EXHIBIT "B" to Professional Services Agreement
Rate Schedule
See attached for DHM Design and team of professionals.
PS1-971.doe Page 11
FEE S T P~UCTU P~E
DHM DESIGN COKPORATION
Effective .lanuary 1, 2000
Hourly Rates
Sexlior Principel $1]0.00 - $150.00
Principal $85.00 - $120.00
Sanior Associate $80.00 - $100.00
Associate $60.00 - $80.00
Senior Landscape Arehit~JPlarmer $55.00- $75.00
Landscapo Architect $45.00 - $55.00
Techbical Assistam $50.00- ~65.00
Compotar Spocialist $85.00- $95.00
Clarical/Word Pruecssing $38.00- $50.00
ReimbnrsableRxlmases
Color Copies $1.50 per copy
Blacldine Prints $0.50 per square foot
Mylar S~pias $3.00 per square foot
In-House Computer Plots
Mylar $3.00 per square foot
Vellum $2.00 per square foot
Bond $0.35 per square foot
Color Computer Plots $2.50 per square foot
LargeDoeumont Xerox $0.25 pot square foot
Milea~ $0.32 per mile
All outside mimbu.mabie ~peme~ such ~ pa'imin& cop~.ng, and long diatauee telephor~ calls ar~ billed
at our direct costs.
Bills am rendered and due poydale monthly. Terms: Due and poyabie within 30 d~ys upon receipt o£
smtemems. 1 1/2% per month interest c,~d on all past due ~cconms.
Proposal price quotes shell remain in effect for a period of six months with re~egotiation ofhonrly r~ms
and reimbursable cxpouses at that time.
D H M D E S I G N' CORPORATION
FEE STI~UCTU R.E
CAKNEYAKCHITECTS
Hourly Rates
Principal $150.00
Project Architect $100.00 - $125.00
Project Designer $65.00 - $90.00
Clerical $45.00
VI. Schedule of Hourly Rates
Palomino Barth Architects P.C.
Hourly Rate Schedule - Effective Januaryl, 200C
Position Rate Per Hour
Principal Architect ........................................................................... $100.00
Project Architect ............................................................................. $80.00
Architect ....................................................................................... $70.0(]
Job Captain .................................................................................... $60.00
~d O~ra~r I .............................................................................. $55.~
~d O~ra~r ~ ............................................................................. ~5.~
Clerical I ....................................................................................... $40.00
Clerical H ....................................................................................... $35.00
SOPRIS ENGINEERING, LLC
SCHEDULE OF HOURLY RATES
Effective January, 2000
· Total project charges are based on hourly rotes plus direct job expenses as follows:
~ PERSONNEL CHARGES:
PRINCIPAL ENGINEER $100.00/HR
i PROJECT MANAGER $90.00/HR
· PROJECT ENGINEER (P.E.), SURVEY MANAGER (L.S.) $80.00/HR
DESIGN AND/OR FIELD ENGINEER, SURVEY SUPERVISOR $70.00/HR
-~ TECHNICIAN, FIELD OBSERVER, PARTY CHIEF $60.00/HR
TECHNICAL TYPIST, CLERICAL $38.00fHR
THREE-MAN SURVEY CREW $130.00/HR
TWO-MAN SURVEY CREW $110.00/HR
i EXPERT $225.00/HR
TESTIMONY
GPS SURVEY CREW $170.00/HR
COMPUTER CHARGES:
CAD SYSTEM (DESIGN) $10.00/HR
COMPUTER PLOTS $20.00/EA
MISC. CItARGES:
, PHOTOCOPIES $0.15/EA
BLUELINE PRINTS $1.50/EA
~ MYLAR SEPIAS $20.00/EA
VEHICLE MILEAGE $0.45/MI
OUTSIDE CONSULTANTS OR SUB-CONTRACTORS:
· BILLED AT OUR COST PLUS 10 PERCENT
OTHER DIRECT PROJECT EXPENSES:
OUT OF TOWN LIVING EXPENSES:
AIREARE, LODGING, MEALS, CAR RENTAL, TELEPHONE, PARKING FEES, ETC.
MISC. EXPENSES:
DELIVERY CHARGES, POSTAGE, ETC.
BILLED AT OUR COST
ERO Resources Corporation
Schedule of Fees
20OO
' ' Labor Position Hourly Rate
:- i Craig Sommers Scientist/Economist $125.00
· Richard Trenholme Environmental Scientist $105.00
~-i Mike Galloway Senior Hydrogeologist $100.00
· ' Dave Shaw Engineer $95.00
~ Steve Dougherty Senior Ecologist $90.00
' Barbara Mattingly Senior Hydrologist $85.00
'-~ Mark DeHaven Senior Natural Resource Specialist $80.00
Anjie Saunders Natural Resource Planner $70.00
: Kevin Giltinan Geologist $68.00
; Denise Larson Biologist $68.00
- ~ Liz Payson Ecologist $68.00
Mary Powel] Natural Resource Specialist $68.00
Scott Babcock Natural Resource Planner $60.00
Andy Cole Natural Resource Planner $60.00
~ · Jack Denman Environmental Scientist $60.00
; Aleta Powers GIS Specialist $60.00
~ Craig Sovka Geologist $60.00
~ ~ Steve Butler Natural Resource Specialist $57.00
- Leigh Rouse Ecologist $57.00
·, Justin Spring Natural Resource Specialist $57.00
· Mark Bina Graphic Designer $53.00
~ Janelle Luppen GIS Specialist $53.00
Sadie Russo GIS Specialist $53.00
_~ Clerical $45.00
Expenses Cost
--- Vehicle mileage $0.40/mi
D Photocopy $0.15/ca
~ ~. Other direct expenses COST + 3%
~/'~Charlier Associates, Inc.' 4041 Hanover Ave, Ste 101' Boulder, CO 80305' 303-543-727
2000 Schedule of Billing Rates
The following are current hourly billing rotes (fully allocated rates including overhead and
redirect expenses) for CAI staff:
Name Position Billing Rate
Jim Charlier President $ t30
Veronica Sommers Senior Transportation Engineer $80
Felice Nida Senior Transportation Planner $80
Claude Morelli Senior Transportation Planner $77
J.J. Folsom Senior Urban Designer/ $65
Landscape Architect
Carlos Hemandez Transportation Planner $50
Vickie Jacobsen Transportation Planner $50
Dan Rhodes Technical Support $40
Jennifer Baker Administrative Support $40
WESTERN SLOPE CONSULTING
October .16, 2000
Ms. Laura Kirk
DHM Design Inc.
580 Main Street Suite 110
Carbondale, Colorado 81623
Dear Laura:
Thank you for calling to discuss contract planning services with me the last week. I
am enclosing a copy of my currem resume. My billing rote for public sector work is
$75.00 per hour plus customary reimbursable expenses. Reimbursable expenses inclUde
items such as long distance telecommunications, lodging/meals, expenses for copying,
purchase of materials and similar items. Travel associated with consulting work is billed
at one-half of the hourly rote or $37.50 per hour.
I am a member of the American Plannir~g Association and am a subscriber to the
Planners Advisory Service. PAS affords me access to planning materials from across the
United Stales and is an excellent resource for obtaining information on various land use
issues.
Please review these materials and give me a call if you have any questions or wish to
discUSs any of this information and more detail. I would be happy to sit down with you at
your convenience and discuss my services and experience with you. [ look forward to
hearing from you in the near future.
Sincerely,
Davis Farrar
0165 BASALT MOUNTAIN DRIVE · CARBONDALE, COLORADO · 81623
PHONE: 970.963.7172 · FAX: 970.963.7172
The Housing Collaborative
Pricing lnformation
Following are hourly rates and related costs for members of The Housing Collaborative:
· Chris Cares- hourly rate: $125
· Kathy McCormick- hourly rate: $ 95
. Andy Knudtsen - hourly rate: $ 95
· Melanie Rees - hourly rate: $ 95
· Rates for drive time are half of the normal billing rate for each member.
· Other travel related expenses will be reimbursed at cost. Every effort is made to
minimize the number of trips and to take advantage of lodging rates (if an overnight
stay is needed), that may be arranged through the housing office.
A member of The Housing Collaborative, LLC.
5020 County Road 154-
Glenwood Springs, Colorado 81601
Phone: 970-945-798a
Fax: 970-945-8454-'
e-mail: hpgeo@hpgeotech.com
FEE SCHEDULE
GLENWOOD SPRINGS
PROFESSIONAL SERVICES
FIELD INVESTIGATION
Truck-mounted drill rig .............................. $120-$160/hour
Mobilization ....................................... $2.75/mile
All-terrain drill rig ..................................... Cost + 20 %
Crew travel ....................................... : $35/manlhour
Special equipment (backhoe, driil bits, well supplies, etc.) ........... Cost + 20%
Field Engineer or Technician ............................. $50-$65/hour
Overtime (over 8 hours/day, Saturday, Sundays, Holidays) ..... 1.5 x hourly rate
LABORATORY TESTING
Fee schedule available on request.
CONSTRUCTION OBSERVATION AND MATERIALS TESTING
'Fee schedule available onxequest.
ENGINEERING
(Includes project'pl~nnlng, ~dminlstration, analysis, consultation, report preparation, field
and travel time. Expert witness service has a 50% premium hourly rate.)
Principal ......................................... $120/hour
Project Manager .................................. $100/hour
Senior Project Engineer/Geologist. ........................ $90/hour
Project Engineer/Geologist ............................. $80/hour
Staff Engineer/Geologist ........................... $60-$70/hour
CAD/Drafting ..................................... $55/hour
Word Processing ................................... $40/hour
OTHER DIRECT CHARGES
Auto or pickup mileage ............................ $35/day + $.45/mile
Out of town living expenses, equipment rental, supplies, etc ........... Cost + 20%
1.5% per month interest charged 30 days after invoice date. Up to three copies of report
· provided for each project.
T~RMS AND CoNDmONS
STANDARD OF CARE: Services performed by I-IEPWORTH-PAWLAK GEOTECHNICAL, INC, (referred to as HP
GEOTECH) under this'Agreement will be conductnd in a manner consistent with that level of care and skill ordinarily exercised
by members of th~ profession currently practicing under sinfilar conditions in the same locale. No warranty, express or implied,
is made or intended by the proposal for consulting services or by fiunishing oral or written reports of the findings made. The client
recognizes that subsurface conditions may vary from those encountered at the location where borings, tests or explorations are made
by l-l-P GEOTECH and that the ,~.~o. interpretations and recommc~**ions of I~ GEOTBCH are based solely upon the data
available to HP GEOTECH. lip GEOTECH will be respons~le for those data, interpretations, and recommendations, but shall
not be responsible for thc interpretations by nthc~ of thc information developed.
LIMITATION OF LIABNATY: T~e elient agrees to limit HP GEOTECH and its ~,n~ployees, directors, officors and suboonsuilants
liability to the client arising from or in any way related to the Project or the Agreement including professional acts, errors, or
omissions or breach of contract or other cause of action, such that the total aggrngate liability of lip GEOTECH, including
reasonable attorney's fees and expert witness' fees, to all those named shall not cxc/ed $50,000 or liP GEOTECH's total fee for
the services rendei~l on this Project, whichever is greater, and client hereby ~lenses H1~ GEOTECH and its employees, directors,
officers and subconsohants from any liability above such amount.
SITE ACCESS: Unless otherwise agreed, the client will furnish I-~ GEOTECH with right-of-accnss to the site in order to copd.ct
the planned exploration. While HP GEOTECH will take reasonable pre~ntlons to limit damage to the property, it is understood
by the client that in the normal course of work soma damage may occur, the restoration of which is not part of this Agreement and
shall not be the obligation of HP GEOTECH. Unless otherwise agree, ~lient will secure ail nocessary approvals, permits,
licenses and consent~ necessary tO the per~rmanee of the services hereuao~.
UTILi'I~S: In the perfonuanoe of its work, HP GEOTECH will take reasonable precautions to.avoid damage or injury to
subterranean structures or utilities. The client agrees to hold tip GEOTECH harmless and indemnify HP GEOTECH for any
claims, payments or other liability, including atmrnoy's fees and costs, incurred by HP GEOTJSCH for any damages to subterranean
structures or utilities which are not called to lip GEOTECH*s altention and correctly shown on the plans furnished to tip
GEOTECH.
UNANTICIPATED HAZARDOUS MATERIALS: It shall bo the duty of the owner, the client, or their .representativo to advise
lip GEOTECH of any known or suspected ~7~rdons selmanoes which may exist on or near any premises upon which work is to
be pcrfomied by I-~ GEOTECH's crsployees, agents or subcontractors. If liP GEOTECH observes or suspects the existence of
unanticipated h,~.ons materials during the course of providing services, HP GEiYI~CH may at its option terminate further work
on the project and notify client of the condition. Services will bo resumed only after a rena~otiadon of scope of services and fees.
In the event that such renogotiafion c~m~*: occur to thc satisfaction of lip GEOTECH, HP GEOTECH may at its option termln~te
this conu'act.
IHVOICES: H1~ GEOTECH will submit invoices to the client monthly and a final bill upon completion of services. Payment is
due tlDOll presentation of invoico and is past due thirty (30) days from the invoice date. Client agrees to pay a ftnallce ehgrge of
Ono aud ono hall*porccot (1½~) per month onpast due accounts. Clicot sisu agrees to pay allnosts and ~, inolvaln5
rcasonsble attorney's fens incurred by HP G~OTECH relatins to collection procedures on overdue accounts.
OWNERSHIP OF DOCUMENTS: All reports, boring logs, field duts, field notes, laboratory test data, calculations, estimates
and other duomients prepared by HP GEOTECH ns instruments of serx ~co, ~h,ll rems*in the property of H1· GEOTECH unless
the~ are other contracmel agreements.
SAMPLES: I~ GEOTECH will retain all sull and rock samples that are transported to HP GEOTECH*s hbotatodes until
submission of the project report. Further storage or lransfer of ~m~les can bo made at elient*s expa~ Ilpon written request.
DISPUTE RESOLUTION: All claims, disputes and other matm's in controversy between HP GEOTECH and client arising out
of or hi any way related to this Agreement will bo submitted to *alternative dispute resolution* IADR) such as medhtion and/or
arbitration, before and as a condition precedent to other remedies provided by law. If and to the exte~ client and HP GBOTECH
have a~*ed on methods for resolvin~ such disputes, then such methods will be set forth in the *Alternative Dispute Resulu~on
Agr~mcot * which, if attached, is incorix)ratad and madu a part of this Asreemcnt.
If a dispute at law arises related to the services providad under this Agreement and that dispute rcquir~ litigation instead of ADR
as provided above, then:
1) Tbe claim will bo bronght and tried in judicisl jurisdintion of tho court Of tho county where HP GEOTECH*s prinoipal piace
of bus h~,,s is located and client waives the right to remove the action to any other/:ounty or judicial jurisdiction, and
2) The prevailing party will bo cotitiad to recovery of all reasonable costs incorrcd, including staff time, court costs, anornoy's
f~es, and other claim related expenses.
January. ~00
"mIConstructlon Co.
Pre¢onstructio n Hourly Rate Schedule
Position Hourly Rate
Director of Preconstruction Services $75
Senior Estimator $70
Estimator $65
Estimating Coordinator $40
Project Manager $70
Superintendent $70
Scheduler $60
Corporate Management No charge
ASSET ENG~rR~a LIMITED
POSt O~v~Tc~ Box
O~ J~o~ CoLo~ ~1502
~o~ 13, 2~0
D~ Des~
580 ~a~n S~, S~e 110
C~, CO 81623
~: ~ble Ho~ ~t
~ Ms. ~k:
~ you for yo~ ~ mg~ ~ ~oj~t ~ ~m We ~ ~nlnly
~ ~ ~C~ On ~ t~m ~ ~ ~d co~ ~s to ~e
~. To ~t ~ I
ms~ ~r ~ U~n~tg~, m~ of ~ ~o~fion co~ ~ ~ m~t
out~ ~t ~
My ~ ~es ~e co~;ng ~es to ~ ~ ~veB~
~ ~ U~ S~ ~ M~. By ~ ~ive c~ ~d c~e
~ ~ ~n ~, ~ ~ able m pro~e e~t ~ to ~te ~o~on for
o~ ~ We ~e ~ ~e ~ o~ ~11~ ~ this ~ By prong ~io~ ~d
~ g~e ~ to op~ to ~c t~ly ~ c~c ~j~u~ts ~ ~ ~j~t
p~ing. ~ n~ of ~o~ ~ ~ d~ m word~f-~u~
~ I ~ioned to yo~ we
~ ~r ~ ~je~
o~ ~t~ nor ~ o~ ~ ~t~st to p~e thi~ pm~t ~ a ~ Co~tor or
~n ~er. By pm~ ~ ~ ~ ~r ~ ~, we
~ ~t~ ~o~ ~ honomb~ ~s.
You ~d ~ a~ o~ ~ ~ ~ ~d on ~ ho~ rote of $75.00 ~r
~ pl~ ~fio~ ~b~le ~s. Ho~, · ~lect~ to p~e ~ pmj~
~, we ~ ~ ~v~ mo~ ~o~fion to pm~& a mip~t~ ~ pm~ ~r a
de~ ~ of work.
~ you ~ ~r co~ ~. We look ~d to h~g good ~ws
eonc~ing yo~ pm~ to
~ Su~,
~et En~g ~it~
M~ Sc~
Te~pho~ (~70) M~22S F~l~ (970) 24~244
FEE STRUCTURE
ECO BUILD
Hourly Rates
David Adamson $80.00