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HomeMy WebLinkAboutC20-246 LRE WaterROCKY MOUNTAIN | MIDWEST | SOUTHWEST | TEXAS 1221 Auraria Parkway Denver, CO 80204 | Office: 303-455-9589 | LREWATER.COM July 7, 2020 Beth Oliver, Deputy County Attorney P.O. Box 850 500 Broadway Eagle, Colorado 81631 RE: Review of Edwards River Park Land Development Application & Associated Wetlands Impacts/Mitigation Dear Ms. Oliver, Eagle County (the County) is currently in the process of reviewing the land use application (the application) for the Sierra Trail Investments’ (the applicant) proposed Edwards River Park project. The County requested LRE Water (LRE) to review the application and relevant documents with a focus on potential impacts to the wetlands at the potential Edwards River Park site, and whether the proposed setbacks and/or mitigations are sufficient to preserve the health of the wetlands. This proposal provides a scope and cost estimate for this review effort. I.SCOPE OF SERVICES Task 1: LRE will review targeted documents related to the Edwards River Park project with the focus being on the proposed developments potential impacts on the site’s wetlands and the applicants proposed wetlands-protective measures. Documents may include but are not limited to: •County’s 1041 and land use regulations, specifically Article 3 Zone Districts – Eagle County; •Original application and supplemental applications; •Referral comments (first and second) and public comments, particularly those made by the County; •Associated maps, figures, drawings, etc.; •May 21st letter from the applicant to the County; and •The Preliminary Riparian and Water Quality Management Plan. LRE may also review wetlands setback related documents of others for reference. LRE will develop a technical memorandum that summarizes the findings of the review and LRE’s recommendations resulting from the review. This scope of services will also include a conference call with the County to discuss LRE’s findings and recommendations. LRE anticipates Task 1 will cost approximately $6000. DocuSign Envelope ID: 3859EFDF-0C38-4C7D-8AA4-C65306DCECDD C20-246 Beth Oliver July 7, 2020 Page 2 of 4 Task 2: LRE has included time in this scope of services to a conduct a site visit at the future Edwards River Park site, per the request of the County. This site visit will allow LRE to view the wetlands in person, and discuss the proposed development with the developer’s representation and the County. LRE anticipates Task 2 will cost approximately $1400. This includes driving time between Golden, CO and Edwards, CO. Task 3: LRE will prepare for and participate in the Planning Commission Hearing #2 on the Edwards River Park Application scheduled for August 5th, based on County staff direction based on the results of LRE’s review and/or discussions with staff. LRE anticipates Task 3 will cost approximately $2500. II. TIME REQUIRED We can begin the proposed services as soon as we receive authorization to proceed. We estimate the review under Task 1 and the site visit under Task 2 can be completed within three weeks of receiving authorization to proceed. Hearing related tasks will be completed as needed based on the County’s hearing schedule. It is LRE’s understanding that the information from LRE’s review will be utilized by the County for the hearing scheduled for August 5th. Delays caused by major changes in the project plans or by circumstances beyond the control of LRE could extend the time of completion. III. PAYMENT We believe the services described above can be accomplished for $9,900. Invoices are submitted monthly for time and expenses incurred. Terms of payment are net 30 days. Overdue accounts are subject to an interest charge of 1.5 percent per month and services will stop whenever payment is overdue more than 75 days. Payments for our services, like other professional services, are based on the actual time spent on your behalf and are measured by standard hourly rates in effect at the time the services are performed. For those assigned to your team, those rates currently range from $200–$265 for principals; $100–$250 for engineers and hydrologists; and $70-$130 for data processing, technicians and IT support. Individuals are assigned to a project based on the type of services involved and the experience and expertise of the individual. DocuSign Envelope ID: 3859EFDF-0C38-4C7D-8AA4-C65306DCECDD Beth Oliver July 7, 2020 Page 3 of 4 Routine expenses such as telephone and copies are included in the rates above. Outside expenses such as laboratory analysis, obtaining aerial photos, or other special services incurred directly in connection with the project are billed at cost plus 5 percent to cover handling and administration. Reimbursable expenses billed at cost include airfares, automobile rental, and other travel or per diem costs. Subconsultants to LRE are billed at cost plus 10 percent. The scope described under Part I represents our estimate of the services required based on the information provided. As the project proceeds and additional facts are discovered, it may be necessary to perform additional services and some items described may not be needed. For these reasons, we can provide only an estimate of the time and cost of completing the services. IV. LIMITATION OF LIABILITY In recognition of the relative risks and benefits of the project to both Eagle County and LRE, the risks have been allocated such that Eagle County agrees, to the fullest extent permitted by law, to limit the liability of LRE and its officers, employees, and sub-consultants, to Eagle Count and all of Eagle County’s contractors and consultants, for any and all claims, losses, costs, damages of any nature whatsoever; or claims expenses from any cause or causes, including attorneys’ fees and costs and expert witness fees and costs, so that the total aggregate liability of LRE to Eagle County shall not exceed the total amount of $100,000 or the total fees billed to this project, whichever is less. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. V. SPECIAL SERVICES Services in addition to those described under Part I will be performed or obtained for the client’s account upon request and approval at rates currently in effect. Special services may include, but are not limited to, expert testimony, appearances at public meetings, soil investigations, topographic and land surveys, including establishment of boundaries, well drilling, well and aquifer testing, electric logging, water quality sampling and analysis, preparation of construction drawings and specifications, material testing, and environmental permitting. Acceptance of this proposal and authorization to proceed with the services can be indicated by signing one copy and returning it to us for our files. The terms of this proposal will be honored for a period of 30 days. We look forward to discussing this proposal with you and if you have any questions or concerns about the services offered in the proposal please call Jessica DiToro at 802-793-8545. DocuSign Envelope ID: 3859EFDF-0C38-4C7D-8AA4-C65306DCECDD Beth Oliver July 7, 2020 Page 4 of 4 Thank you for providing us the opportunity to present this proposal to Eagle County. Sincerely, For: _________________________________________ Contracting Agency R Gregory Roush, PE By: _________________________________________ Principal Authorized Signature/Title Date: Jessica DiToro, PE Senior Project Engineer DocuSign Envelope ID: 3859EFDF-0C38-4C7D-8AA4-C65306DCECDD 7/8/2020 County Manager Eagle County Government