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HomeMy WebLinkAbout11260RESOLUTION NO. 11260 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DESIGN STUDIOS WEST, INC FOR DEVELOPMENT REVIEW SERVICES FOR THE PUEBLO SPRINGS RANCH ANNEXATION — PROJECT NO. 08- 010, IN THE AMOUNT OF $250,000.00 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, proposals were received for Development Review Services for the Pueblo Springs Ranch Annexation — Project No. 08 -010 and have been examined; and WHEREAS, the proposal from The Antero Company, through Design Studios West, Inc of Denver, Colorado, was determined to be acceptable for the project. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The Antero Company, through Design Studios West, Inc is hereby accepted and approved as the consultants to provide the services described in Development Review Services for the Pueblo Springs Ranch Annexation — Project No. 08 -010. SECTION 2_ An Agreement dated March 24, 2008, a copy of which is attached hereto and made a part hereof, after having been approved as to form by the City Attorney, by and between Pueblo, a Municipal Corporation, and Design Studios West, Inc is hereby approved. SECTION 3. Funds in the amount of $250,000 for this project will be provided from a special escrow fund established by Resolution No. 11259. SECTION 4_ The President of the City Council is hereby authorized to execute the said Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED March 24, 2008 BY Vera Ortegon Councilperson APPROVE Lim PPI`81f I T' i I L'I'll Res 11g (a [D p I] Background Paper for Proposed RESOLUTION AGENDA ITEM #23 DATE: MARCH 24, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND DESIGN STUDIOS WEST, INC FOR DEVELOPMENT REVIEW SERVICES FOR THE PUEBLO SPRINGS RANCH ANNEXATION — PROJECT NO. 08 -010, IN THE AMOUNT OF $250,000.00 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an Agreement for Professional Services with Design Studios West, Inc for the services described in Development Review Services for the Pueblo Springs Ranch Annexation — Project No. 08 -010? RECOMMENDATION Approval of Resolution BACKGROUND City Staff requested statements of qualifications from professional urban planning and real estate development consultants to assist the City in its critical review of the 24,000 - acre annexation and zoning request for the area commonly referred to as the Pueblo Springs Ranch (PSR). Professional services are needed to supplement City Staff's review of the development proposal's social, physical, fiscal and environmental impacts to the community including impacts to municipally provided services and infrastructure. A selection committee conducted interviews with two consulting companies that specialize in urban planning and real estate development. The Antero Company, through Design Studios West, Inc, was selected as the most qualified group to assist the City. FINANCIAL IMPACT The funds in an amount up to $250,000 will be paid from the special escrow fund established by Resolution No. 11259. Project No.:08 -010 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered this 24th day of March 2008, by and between the City of Pueblo, a Municipal Corporation ( "Client ") and Design Studios West. Inc. (hereinafter referred to as "Consultant ") for Consultant to render professional planning and consulting services for Client with respect to the Development Review Services for the Pueblo Springs Ranch Annexation and related ancillary services, hereinafter referred to as the "Project ". In consideration of the mutual covenants hereinafter set forth, the parties agree as follows: SECTION 1. GENERAL AND SCOPE OF SERVICES (a) Consultant shall satisfactorily perform the professional planning and consulting services forthe Project described in more detail in Schedule 1 attached hereto and incorporated herein by reference (the "Scope of Work "). Such services shall include all usual and customary professional planning and consulting services including any required drafting or design services incident to its work on the Project. (b) To the extent Consultant performs any of the Project work through subcontractors or sub - consultants, Consultant shall be and remain as fully responsible for the full performance and quality of services performed by such subcontractors as it is for services performed directly by Consultant. (c) To the extent Consultant requires access to private property to perform its services hereunder, Consultant shall be required to make arrangements to obtain such access. However, in the event Client has already secured access for Consultant to any such property through a right of entry agreement, access agreement, letter ofconsent or other instrument, Consultant shall fully comply with and be subject to the terms and conditions set forth therein. A copy of any such instrument will be provided to Consultant upon request. SECTION 2. CONSULTANT'S RESPONSIBILITIES (a) Consultant shall be responsible for the professional quality, technical accuracy and timely completion of Consultant's work, including that performed by Consultant's sub - consultants and subcontractors, and including drawings, reports and other services, irrespective of Client's approval of or acquiescence in same. (b) Consultant shall be responsible, in accordance with applicable law, to Client for all loss or damage to Client caused by Consultant's negligent act or omission; except that Consultant hereby irrevocably waives and excuses Client and Client's attorneys from compliance with any requirement to obtain a certificate of review as a condition precedent to commencement of an action, including any such requirements set forth in Section 13 -20 -602, C.R.S. or similar statute, whether now existing or hereafter enacted. (c) Consultant shall be completely responsible for the safety of Consultant's employees in the execution of work under this Agreement and shall provide all necessary safety and protective equipment for said employees. (d) Consultant acknowledges that time is of the essence with respectto the completion of its services under this Agreement. Consultant represents that Schedule 3 attached hereto is the schedule by which Consultant proposes to accomplish its work, with time periods for which it will commence and complete each major work item. Except to the extent the parties agree to time extensions for delays beyond the control of Consultant, Consultant shall adhere to this schedule and perform its work in a timely manner so as not to delay Client's timetable for achievement of interim tasks and final completion of Project work. Consultant further acknowledges that its schedule has accounted for all reasonably anticipated delays, including those inherent in the availability of tools, supplies, labor and utilities required for the work, the availability of information which must be obtained from any third parties, and all conditions to access to public and private facilities. Form Approved by CA 10/ 17/07 - I - Project No.:08 -010 (e) Before undertaking any work or incurring any expense which Consultant considers beyond or in addition to the Scope of Work described in Schedule 1 or otherwise contemplated by the terms of this Agreement, Consultant shall advise Client in writing that (i) Consultant considers the work beyond the scope of this Agreement, (ii) the reasons that Consultant believes the out of scope or additional work should be performed, and (iii) a reasonable estimate of the cost of such work. Consultant shall not proceed with any out of scope or additional work until authorized in writing by Client. The compensation for such authorized work shall be negotiated, but in the event the parties fail to negotiate or are unable to agree as to compensation, then Consultant shall be compensated for its direct costs and professional time at the rates set forth in Schedule 2 attached hereto. SECTION 3. FEES FOR SERVICES; PAYMENT (a) Client will pay to Consultant as full compensation for all services required to be performed by Consultant under this Agreement, except for services for additional work or work beyond the scope of this Agreement, the maximum sum of U.S. $250,000.00, computed as set forth in Schedule 2. (b) Consultant shall submit periodic, but not more frequently than monthly, applications for payment, aggregating to not more than the maximum amount set forth above, for actual professional services rendered and for reimbursable expenses incurred. Applications for payment shall be submitted based upon the hourly rates and expense reimbursement provisions set forth in Schedule 2 attached hereto, and shall contain appropriate documentation that such services have been performed and such expenses incurred. Thereafter, Client shall pay Consultant for the amount of the application within 45 days of the date such application is received. (c) No separate or additional payment shall be made for profit, overhead, local telephone expenses, lodging, routine photocopying, computer time, secretarial or clerical time or similar expenses unless otherwise provided and listed in Schedule 2. (d) No compensation shall be paid to Consultant for services required and expenditures incurred in correcting Consultant's mistakes or negligence. (e) Compensation for authorized work beyond the scope of this Agreement shall be governed by the provisions of Section 2(e). (f) In the event services under this Agreement are phased and to be performed in more than one fiscal year or are subject to annual appropriation, Consultant acknowledges that funds only in the amount of initial appropriation are available and it shall confirm availability of funds before proceeding with work exceeding initial and subsequent annual appropriations. SECTION 4. CLIENT'S RESPONSIBILITIES (a) Client agrees to advise Consultant regarding Client's Project requirements and to provide all relevant information, surveys, data and previous reports accessible to Client, which Consultant may reasonably require. (b) Client shall designate a Project Representative to whom all communications from Consultant shall be directed and who shall have limited administrative authority on behalf of Client to receive and transmit information and make decisions with respect to the Project. Said representative shall not, however, have authority to bind Client as to matters of governmental policy or fiscal policy, nor to contract for additions or obligations exceeding a value which is the lesser of $5000 or 5% of the maximum contract price. (c) Client shall examine all documents presented by Consultant, and render decisions pertaining thereto within a reasonable time. The Client's approval of any drawings, specifications, reports, documents or other materials or product furnished hereunder shall not in any way relieve Consultant of responsibility for the professional adequacy of its work. Form Approved by CA 10/17/07 -2- Project No.:08 -010 (d) Client shall perform its obligations and render decisions within a reasonable time under the circumstances presented. Based upon the nature of Client and its requirements, a period of 14 days shall be presumed reasonable for any decision not involving policy decision or significant financial impact. A period of 46 days shall be presumed reasonable for Client to act with respect to any matter involving policy or significant financial impact. The above periods of presumed reasonableness shall be extended where information reasonably required by Consultant is not within the custody or control of Client but must be procured from others. SECTION 5. TERMINATION (a) Client reserves the right to terminate this Agreement and Consultant's performance hereunder, at any time upon written notice, either for cause or for convenience. Upon such termination, Consultant and its subcontractors shall cease all work and stop incurring expenses, and shall promptly deliver to Client all data, drawings, specifications, reports, plans, calculations, summaries and all other information, documents and materials as Consultant may have accumulated in performing this Agreement, together with all finished work and work in progress. (b) Upon termination ofthis Agreement for events or reasons not the fault of Consultant, Consultant shall be paid at the rates specified in Schedule 2 for all services rendered and reasonable costs incurred to date oftermination; together with any reasonable costs incurred within 10 days of termination provided such latter costs could not be avoided or were incurred in mitigating loss or expenses to Consultant or Client. In no event shall payment to Consultant upon termination exceed the maximum compensation provided for complete performance in Section 3(a). (c) In the event termination of this Agreement or Consultant's services is for breach of this Agreement by Consultant, or for other fault of Consultant including but not limited to any failure to timely proceed with work, or to pay its employees and consultants, or to perform work according to the highest professional standards, or to perform work in a manner deemed satisfactory by Client's Project Representative, then in that event, Consultant's entire right to compensation shall be limited to the lesser of (a) the reasonable value of completed work or (b) payment at the rates specified in Schedule 2 for services satisfactorily performed and reimbursable expenses reasonably incurred, prior to date of termination. (d) Consultant's professional responsibility for its completed work and services shall survive any termination. SECTION 6. SITE ACCESS In the event the Project will require access to property not under the control of Client, Consultant and Consultant's employees and consultants shall obtain all additional necessary approval and clearances required for access to such property. Client shall assist Consultant in obtaining access to such property at reasonable times but makes no warranty or representation whatsoever regarding access to such property. Notwithstanding the foregoing, Consultant understands and agrees that entry to some property by Consultant may be subject to compliance by Consultant with the terms and conditions of an access agreement in accordance with section 1(c) of this Agreement. SECTION 7. USE OF DOCUMENTS (a) Plans, drawings, designs, specifications, reports and all other documents prepared or provided by Consultant hereunder shall become the sole property of Client, subject to applicable federal grant requirements, and Client shall be vested with all rights therein of whatever kind and however created, whether by common law, statute or equity. Client shall have access at all reasonable times to inspect and make copies of all notes, designs, drawings, specifications, and all other technical data or other documents pertaining to the work to be performed under this Agreement. In no event shall Consultant publish work product developed pursuant to this Agreement except (i) with advance written consent of Client and (ii) in full compliance with the requirements of this Agreement and applicable federal regulations. Form Approved by CA 10/ 17/07 -3 - Project No.:08 -010 SECTION 8. INSURANCE AND INDEMNITY (a) Consultant agrees that it shall procure and will maintain during the term of this Agreement, such insurance as will protect it from claims under workers' compensation acts, claims for damages because ofpersonal injury including bodily injury, sickness or disease or death of any of its employees or of any person other than its employees, and from claims or damages because of injury to or destruction of property including loss of use resulting therefrom; and such insurance will provide for coverage in such amounts as set forth in subparagraph (b). (b) The minimum insurance coverage which Consultant shall obtain and keep in force is as follows: (i) Workers' Compensation Insurance complying with statutory requirements in Colorado and in any other state or states where the work is performed. (ii) Comprehensive General and Automobile Liability Insurance with limits not less than Six Hundred Thousand and No /100 Dollars ($600,000.00) per person and occurrence for personal injury, including but not limited to death and bodily injury, and Six Hundred Thousand and No /100 Dollars ($600,000.00) per occurrence for property damage. (iii) Professional Liability Insurance with coverage of not less than $1,000,000, and with a deductible acceptable to Client. (c) Consultant agrees to hold harmless, defend and indemnify Client from and against any liability to thud parties, arising out of negligent acts or omissions of Consultant, its employees, subcontractors and consultants. SECTION 9. SUBCONTRACTS (a) Client acknowledges that Consultant is the prime contractor and the only party with whom Client has a contractual relationship under this Agreement. To the extent Consultant performs any Project activities through sub - consultants or subcontractors, Consultant shall contractually bind each of its sub - consultants and subcontractors by subcontract agreement to all of the terms of this Agreement which are for the benefit ofClient, and Client shall be athird party beneficiary of those subcontract provisions. (b) Consultant shall indemnify and defend Client from all claims and demands for payment for services provided by subcontractors of Consultant. (c) Consultant acknowledges that, due to the nature of the services to be provided under this Agreement, the Client has a substantial interest in the personnel and consultants to whom Consultant assigns principal responsibility for services performed under this Agreement. Consequently, Consultant represents that it has selected and intends to employ or assign the key personnel and consultants identified in its proposal submitted to Client prior to execution of this Agreement to induce Client to enter this Agreement. Consultant shall not change such consultants or key personnel except after giving notice of a proposed change to Client and receiving Client's consent thereto. Consultant shall not assign or reassign Project work to any person to whom Client has reasonable objection. SECTION 10. REQUIRED FEDERAL PROVISIONS [Nor Applicable.] (a) Consultant understands that Client may be funding the Project in whole or part with funds provided . Consultant agrees it is subject to and shall comply with all applicable provisions of said the Act under which the contract award has been made, and applicable regulations. (b) Contractor shall comply with all applicable Federal, State, and local laws applicable to its activities. (c) All records with respect to any matters covered by this Agreement shall be available for inspection by Form Approved by CA 10/17/07 -4- Project No.:08 -010 Client, at any time during normal business hours and as often as Client, deems necessary, to audit, examine and make excerpts or transcripts of relevant information, and otherwise to perform its official functions or duties. SECTION 11. MISCELLANEOUS (a) Notices Any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Consultant or Client by the other party shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom it is directed, or in lieu of such personal service, when deposited in the United States mail, first -class postage prepaid, addressed to the Client, Attention: Jerry Pacheco, Department of Planning and Community Development 211E "D" Street Pueblo Colorado or to Consultant at Design Studios West Inc. Attention Donald H Brandes Jr., ASLA 1475 Lawrence Street, Ste 100, Denver, CO, 80202 Either party may change his address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. (b) Entire Agreement This instrument contains the entire agreement between Consultant and Client respecting the Project, and any other written or oral agreement or representation respecting the Project or the duties of either Client or Consultant in relation thereto not expressly set forth in this instrument and its attachments is null and void. (c) Successors and Assigns This Agreement shall be binding on the parties hereto and on their successors and assigns; provided, however, neither this Agreement, nor any part thereof, nor any moneys due or to become due hereunder to Consultant may be assigned by it without the written consent of Client. (d) Amendments No amendment to this Agreement shall be made nor be enforceable unless made by written amendment signed by an authorized representative of Consultant and by Client in accordance with the requirements of Section 4(b) of this Agreement or upon authorization of Client's governing board. (e) Choice of Law This Agreement shall be governed and interpreted in accordance with the laws of the State of Colorado. Any unresolved dispute arising from or concerning any breach of this Agreement shall be decided in a state court of competent jurisdiction located in Pueblo, Colorado. (f) E ual Employment Opportunity In connection with the performance of this Agreement, neither Consultant nor its consultants shall discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, disability or age. Consultant shall endeavor to insure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin, disability or age. (g) Severabilitv If any provision of this Agreement, except for Section 2, is determined to be directly contrary to and prohibited by law or the requirements of any federal grant or other Project funding source, then such provision shall be deemed void and the remainder of the Agreement enforced. However, it is the intent of the parties that Section 2 of this Agreement not be severable, and that if any provision of said section be determined to be contrary to law or the terns of any federal grant, then this entire Agreement shall be void. SECTION 12 — STATE - IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM PERFORMING WORK. (a) Prior to or within ten (10) days of execution of this Agreement, Consultant shall submit to the Purchasing Agent of the Client its certification that it does not knowingly employ or contract with an illegal alien and that the Consultant has participated or attempted to participate in the "Basic Pilot Program" created in Public Law 208, 100 Congress, as amended and expanded in Public law 156, 108` Congress, as amended, that is administered by the United States Department of Homeland Security in order to confirm the employment eligibility of all employees who are newly Form Approved by CA 10/17/07 -5 - Project No.:08 -010 hired for employment in the United States. (b) Consultant shall not: (1) Knowingly employ or contract with an illegal alien to perform work under this contract; (II) Enter into a contract with a sub - consultant that fails to certify to Consultant that the sub - consultant shall not knowingly employ or contract with an illegal alien to perform work under this contract. (c) The following state- imposed requirements apply to this contract: (1) The Consultant shall have confirmed or attempted to confirm the employment eligibility ofall of its employees who are newly hired for employment in the United States through participation in the Basic Pilot Program and, if the Consultant is not accepted into the Basic Pilot Program prior to entering into this contract, that the Consultant shall apply to participate in the Basic Pilot Program every three months until the Consultant is accepted or this Contract has been fully completed, whichever occurs earlier. This provision shall not be required or effective if the Basic Pilot Program is discontinued. (II) The Consultant is prohibited from using the Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Contract is being performed. (I I l) If the Consultant obtains actual knowledge that a sub - consultant performing work under this contract knowingly employs or contracts with an illegal alien, the Consultant shall be required to: A. Notify the sub - consultant and the Client's Purchasing Agent within three (3) days that the Consultant has actual knowledge that the sub - consultant is employing or contracting with an illegal alien; and B. Terminate the subcontract with the sub - consultant if within three (3) days of receiving the notice required pursuant to subparagraph (c)(III)A. above the sub - consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub - consultant if, during such three (3) days, the sub - consultant provides information to establish that the Sub - consultant has not knowingly employed or contracted with an illegal alien. (IV) The Consultant is required to comply with any reasonable request by the Colorado Department of Labor and Employment (hereinafter referred to as "CDLE ") made in the course of an investigation that CDLE is undertaking pursuant to its authority under §8- 17.5 - 102(5), C.R.S. (d) Violation of this Section 12 by the Consultant shall constitute a breach of contract and grounds for termination. In the event of such termination, the Consultant shall be liable for Client's actual and consequential damages. (e) As used in this Section 12, the term "sub- consultant" shall mean any sub - consultant or subcontractor of Consultant rendering services within the scope of this Agreement. SECTION 13. PERA LIABILITY (a) The Contractor shall reimburse the City for the full amount of any employer contribution required to be paid by the City of Pueblo to the Public Employees' Retirement Association ( "PERA ") for salary or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement. The Contractor shall fill out the questionnaire attached as Exhibit A and submit the completed form to City as part of the signed Agreement. Form Approved by CA 10/17/07 -6- Project No.:08 -010 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION By President of the City Council APPROVED AS TO FORM: City ttomey CONSUL By: DES] Donald H. STUDIOS WEST, INC. ndes, Jr., ASLA, President Form Approved by CA 10/17/07 -7- Project No.: 08 -010 COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO Pursuant to section 24- 51- 1101(2), C.R.S., salary or other compensation from the employment, engagement, retention or other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association (PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore, as a condition of contracting for services with the City of Pueblo, this document must be completed, signed and returned to the City of Pueblo: (a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who will perform any services for the City of Pueblo? Yes_, No X. (b) If you answered "yes" to (a) above, please answer the following question: Are you an individual, sole proprietor or partnership, or a business or company owned or operated by a PERA Retiree or an affiliated party? Yes I No. If you answered "yes" please state which of the above entities best describes your business: (c) If you answered "yes" to both (a) and (b), please provide the name, address and social security number of each such PERA Retiree. Name Address Address Social Security Number Social Security Number (If more than two, please attach a supplemental list) Failure to accurately complete, sign and return this document to the City of Pueblo may result in your being denied the privilege or doing business with the City of Pueblo. If you answered "yes" to both (a) and (b), you agree to reimburse the City of Pueblo for any employer contribution required to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under any current or future contract or other arrangement for services between you and the City of Pueblo. Signed 20 By: DESIGN STUDIOS WEST, INC. Name: Donald H. Brandes, Jr., ASLA Title: President For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or cobeneficiary on the PERA account of the PERA Retiree; (2) any person who is a relative of the PERA Retiree by blood or adoption to and including parents, siblings, half - siblings, children, and grandchildren; (3) any person who is a relative of the PERA Retiree by marriage to and including spouse, spouse's parents, stepparents, stepchildren, stepsiblings, and spouse's siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or compensation. Name —1— SCHEDULE 1 Scope of Work Based on the applicant's introductory presentation and the discussion that followed at our meeting with Pueblo Staff on March 5, 2008, we have prepared the following outline Scope of Work. The Scope is purposely process - oriented in its format to respond to the wide range of potential regulatory and development issues that are anticipated considering the scale and magnitude of the proposed annexation. Generally, our work will proceed follow the steps below: 1. Initial review of products prepared by the applicant; 2. Identify critical underpinnings and assumptions of proposed development planning, (e.g. there will be a sewage treatment plant, or expressway); 3. Identify critical policy issues; 4. Identify over - arching annexation policies, (e.g. keep the city whole); 5. Confirm over - arching annexation policies; 6. Identify additional planning material and /or technical studies to evaluate proposed development by the applicant, addressing such issues as: A. Plan Overview • Purpose and Scope of the Plan • Planning Process B. The Site and Its Context • Site Location • Physical and Natural Site Attributes • historical Context • jurisdictions • Ownership and Basements • Summary of Development Issues C. Land Use ■ Overview • Proposed Land Use • Proposed Zoning • Adequacy of current PUD ordinance or other regulatory model to implement plan • Land Use Goals, Objectives and Policies D. Circulation ■ Circulation Context Schedule 1- Scope of Work Page 1 of 3 • Pueblo Springs Ranch Circulation Plan Concept • Circulation Goals, Objectives and Policies E. Utilities • Domestic Water • Sanitary Sewer • Storm Drainage • Natural Gas and Electric Power Utilities • Telecommunications • joint Trench Utilities • Solid Waste • Utilities Goals, Objectives and Policies F. Community Facilities • Police, Fire and Public Safety • Schools • Parks, Recreation and Open Space • Civic Uses (Village Meeting Halls, Libraries, Performing and Visual Arts, etc.) • Community Facilities Goals, Objectives and Policies G. Community Design • Community Physical and Social Connections to the City • Community Design Concept and Character • Community Design Framework Plan • Community Design Goals, Objectives and Policies H. Fiscal Impact Analysis • Economic Development Strategy • Affordable Housing • Public Infrastructure Financing • Fiscal Impact Analysis • Economics and Financing Goals, Objectives and Policies I. Implementation • Legal - Annexation Agreement, Declarations and Covenants • Management and Administration • Regulatory Amendments • Phasing of New Development • Implementation Goals, Objectives and Policies 7. Conduct technical review of studies and other technical submittals prepared and submitted by the applicant; S. Prepare review comments and recommended revisions; 9. Conduct a second technical review of additional or revised studies/ technical submittals; 10. Prepare a summary report documenting the technical review findings; Schedule 1- Scope of Work Page 2 of 3 11. Prepare recommendations based on technical review and fiscal analysis of the proposed annexation for provisions in the annexation agreement between the City and AppficanL Project Team Our project team will be will be more effective if we have clearly defined areas of responsibility and lines of communication between the Applicant, City Staff and Review Team. Don Hunt will serve as the General Manager for Strategic Issues, providing overall strategic leadership for the consulting review team. We will organize our work and representative team leaders by topic as illustrated in the table below. Representatives from the City and Applicant will be identified for each topic area. Schedule 1- Scope of Work Page 3 of 3 Topic /Issue CityolPueblo Representative Applicant Representative Review Team Re resentadve A. Peficy Issues J erry Pacheco Jim Munch Don Hunt B. Tecbnicallssaes 1. Overview and Context Bob Eck 2. Land Use Mark Nemger 3. Circulation Ray Moe 4. Utilities W.Quality /Environmental Civil / Drainage Bill Stoner Jon Jones Chuck McKni t S. Community Facilities Mark Nemger S. Community Design Bob Eck 7. Economics & Financing Terrye Underwood S. Implementation Don Brandies Schedule 1- Scope of Work Page 3 of 3 SCREVULE Z Professional Fee Professional services shall be invoiced on an hourly basis, with a top set, not to exceed budget of $250,000.00. Upon approaching 80% of that budget figure, the City Representative shag be notified in writing by the Consultant, to report on work remaining to completion and recommendations to complete work within budget, or Additional Services and Fees for consideration. Hourly rates for Professional Services are provided on the following pages. Reimbursable Expenses Reimbursable direct expenses will be invoices separate and in addition to the Professional Fee at the rates prescribed on the following pages. Schedule 2 Page 1 of 7 SCHEDULE 2 The Ante Company 1555 California St. Suite 503 Denver, CO 80202 303.378.2650 (f) 303.623.5768 dhunt @anteronst.com DON HUNT, PRESIDENT $225.00 Reimbursable Expenses A. B &W Copies $0.24 each B. Color Copies - 11 x 17 $2.00 each 8 112 x 11 $1.00 each C. Plotting Costs - Color bond $8.00 sq. ft. BondNellum $2.00 sq. ft. Mylar $3.00 sq. ft. 0. Mileage $0.48 mile E. Outside reproduction, long distance telephone calls, shipping and postage, photo supplies & developing will be reimbursed at cost plus 10 %. F. Travel costs including airfare, rental car, lodging and meals will be invoiced at cost plus 10 %. SCHEDULE -2 The Client shall compensate Consultant for the Scope of Services in the following manner: DESIGN STUDIOS WEST, INC. IIOURLYRATES On a monthly basis the Client shall compensate consultant on an hourly basis, plus expenses. These hourly rates shall be considered as fixed for one calendar year from the date of the Agreement. The following hourly rates include overhead and profit. These rates reflect the varied expertise levels that we feel will be required for your project. Title Description Hourly Rate President Project Programming, Planning, Design $172 and Presentations Vice - President, Director Project Initiation, Control, Management $142 Senior Associate Oversight, Supervision of staff Senior Planner and Concept, Preliminary, Final and Construction $96 Landscape Architect Documentation Planner and Landscape Preparation and production of all planning $78 Architect and design documents Computer, Graphics and Technical assistance with the preparation of $65 Technical Support project exhibits Administration and Clerical Word Processing, editing and report compilation $38 Reimbursable Expenses A. B &W Copies $0.24 each B. Color Copies - 11 x 17 $2.00 each 81/2 x 11 $1.00 each C. Plotting Costs - Color bond $8.00 sq. ft. Bond /Vellum $2.00 sq. ft. Mylar $3.00 sq. f1. D. Mileage $0.48 mile B. Outside reproduction, long distance telephone calls, shipping and postage, photo supplies & developing will be reimbursed at cost plus 10% P. Travel costs including airfare, rental car, lodging and meals wM be invoiced at cost plus 109L Design Studios West, Inc. Appendix B — Hourly Rates RS2007 SCHEDULE -2 LSA ASSOCIATES, INC. 2000 Schedule arHourly Rates R4 TES AND REIMBURSABLE EXPENSE S FIRM NAME: LSA ASSOCIATES, INC. ADDRESS: 132 WEST MOUNTAIN AVENUE CITY /STATE /ZIP: FORT COLLINS, COLORADO 80524 Ray Moe, Managing Principal $170.00 Everett Bacon, Principal $135.00 Sean McAtee, Transportation Planner /Engineer $95.00 Michael Ilallock- Solomon, Planner /GIS Analysis $100.00 Sharma Guiller, Senior Planner $90.00 Ravi Palakurthy, Transportation Planner $80.00 Scott Ladzinski, Graphic Designer $80.00 Elissa Palmer, Office Manager $75.00 Mileage $0.445 per mile Reproduction $0.10 per page Reproduction (8 X 11- Inch Copies) $0.10 /Page Reproduction (8 X 11- Inch Color Copies) $1.00 /Page Reproduction (11 X 17 - Inch Copies) $2.00 /Page Reproduction (11 X 17 - Inch Color Copies) $3.00 /Page Facsimile $1.00 per page Plotting $5.00 per linear lit. Facsimile Transmittals $1.00 /Page CD -Rom Data Transmittal $5.00 /CD Expendable Supplies & Other Direct Costs Cost + 5% SCHBDULB -Z SEH Short Elliot Hendrickson, Inc. Hourly Rates for Pueblo Spring Ranch Proposal Principal Senior Project Manger Project Manager Project Engineer Senior Designer Technician Administrative Assistant Expenses Sub consultants $175 $165 $150 $125 $110 $100 $SO At cost Cost plus 15% SCHEDULE- 2 WRIGHT WATER ENGINEERS, INC. 2008 SCHEDULE OF HOURLY RATES SCHEDULE B PERSONNEL RATE PER HOUR SENIOR CONSULTANT /PRINCIPAL S163 SENIOR PROJECT ENGINEER /SCIENTIST $141 SENIOR ENGINEERING /SCIENTIST PROFESSIONAL $127 ENCrINEERtTIG /SCIENUST PROFESSIONAL I $116 ENGINEERING /SPECLALIST $107 ENGINEFRING/SCIF,NTIST PROFESSIONAL 11 $93 ENGINEERING DESIGNER /PROFESSIONAL III $84 ENGINEERING'11CIINICIAN 1 $76 ENGINF,ER[NO TECHNICIAN R So ENGINIi1r:RIN('r'fliCI1NICIAN 111 S06 ENGINEERING TECI INICIAN IV ENGINEERING TECHNICIAN V • Automobile at 60 cents per mile • Four - wheel drive /Pick up truck vehicle at 70 cents per mile • AutoCAD computer at 15 dollars per hour. $55 $47 • GIS computer at 20 dollars per hour. ♦ In -house computer at 10 dollars per hour. ♦ InfbwaterW at 20 dollars per hour. Seven and one.- hal(pereent (ZS%I will be added to all reimbursable expenses to cover arhninistration for special consultants. independent laboratory tests, direct printing costs. telephone, supplier, lodging and subsistence, all in -house computer, auto, postage, fox, and travel. TERNIS OF PAYMENT: It is agreed that this account will be billed on a monthly basis. I Jnless otherwise approved by the Company, payment is due upon receipt of invoice. Mail . payment to die main office of the Company at 2490 West 26th Avenue, Suite 100A, Denver, Colorado 80211. If payment is not received, client agrees to pay interest at the rate of 1.5 percent per month on the outstanding balance. This does not constitute a credit arrangement, and in no case shall the minimum payment be less than 33 percent of the amount billed. If account is placed with an attorney for collection. client agrees to pay court costs and reasonable attorney tees. Uie liability of Wright Water Engineers, Inc. for losses or damages arising out of the errors, omissions, or negligence of Wright Water Engineers, Inc. while providing professional services shall be limited to the total fee due Wright Water Engineers, Inc. pursuant to this agreement. F11akkYB91- 9W:991 W9ASe'Ndei„VOOS Prom S - it -R 01"1 &< SCHEDULE - 2 RCI'U"O SELECTED RCLCO BILLING RATES Gad! Kaufmann Gregg Logan Terrye Underwood Staff ROBERT CHARLES LESSER d CO. Managing Director $600 Managing Director $450 Senior Principal $320 Senior Associates to Vice $90-$230 Presidents MI ANIA 1 LOS ANGECcS I ORLANDO : WASH ING!0141)G Schedule 2 Page 7 of 7