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03-13-2007 SCHMUESER GORDON MEYER TOA CLIMATE ACTION CONTROLSCHMUESER ( GORDON I MEYER E N G I N E E R S S SURVEYORS March 13, 2007 Eric Heideman Community Development Director Town of Avon 400 Benchmark Road Avon, CO 81620 GLENWOOD SPRINGS ASPEN 1 1 8 W. 6TH, SUITE 200 P.O. BOX 2 1 55 GLENWOOD SPRINGS, CO 8 1 601 ASPEN, CO 8 1 6 1 2 970-945-1004 970-925-6727 Fx: 970-945-5948 Fx: 970-925-4157 RE: Town of Avon Climate Action Plan Proposal Dear Eric, CRESTED BUTTE P.O. Box 3088 CRESTED BUTTE. CO 8 1 224 970-349-5355 Fx: 970-349-5358 It's great to hear that the Town of Avon is pursuing a climate action plan. Addressing global warming is a daunting challenge from any perspective, but it's important to remember that most solutions are definitely within reach of local governments. Based on the grant proposal to Eagle County we collaborated on, I have prepared a proposal to provide the necessary services for the Town of Avon to quantify, track, and begin reducing its greenhouse gas emissions. Scope of Work for Town of Avon Climate Action Plan Pha-se-1 : 1. Create a Greenhouse Gas Emissions Inventory for Town of Avon government. This Inventory will create a baseline with 2006 data (and earlier if data is available) from which the Town can begin to track gasoline, diesel, electricity and natural gas from town facilities and fleets. Tracking this energy use will not only allow the Town to quantify GHG emissions, but also track potential financial savings earned through efficiency - money that would otherwise not be reinvested into the local community. By developing an Inventory that is clear and transparent, this project will then set an excellent example for other local businesses and individuals to follow to reduce their climate impact and operating costs. Estimated time to complete report: 45 hours NOTE: SGM can also track monthly data for the Town of Avon if desired. Client responsibilities: Client will provide for SGM all necessary data or access to data from various utilities and the Finance Department. SCHMUESER I GORDON I MEYER E N G I N E E R S S SURVEYORS 3/13/2007 Page 2 of 4 SGM Deliverables: SGM will provide a report, complete with tables quantifying the data, as well as a narrative explaining the results and methodology used. The report will be written so that all information is clear and transparent to the general public. The data tables will be set up to facilitate ongoing tracking. 2. Develop a Town of Avon Climate Action Plan for aggressively reducing GHG emissions from all sources. In order to accomplish the fundamental shift in how the Town uses energy, a comprehensive strategy is required. The plan should likely consist of a reduction goal and the following components: 1. General Policy - Develop new and/or revise existing 2. Buildings - Facility Operations & New Construction 3. Transportation - Employee Travel, Fleet Maintenance & Vehicle Procurement 4. Utilities - Operations, Contracts & franchise agreements 5. Waste Management - general policies Estimated time: 120 hours Client responsibilities: Client will provide for SGM a copy of the municipal code, applicable policies & budget, franchise agreements with utilities or access to this information; and assist with arranging meetings with various members of staff. SGM Deliverables: SGM will meet with appropriate staff; review all applicable policies; and provide a report that proposes an overall reduction goal, as well as an outline of the proposed actions to reach that goal for Town Council and/or staff to evaluate. The writing of any new policy is not included in this scope. 3. Prepare Annual Report in newsletter form for release to the public. Completing a GHG Inventory, tracking energy use and identifying potential reduction projects is a significant accomplishment. The Town could highlight this accomplishment and the accomplishments ahead by releasing an annual report to its citizens and visitors. This also gives the tax payer an accurate account of how the Town is managing its energy. Estimated time: 32 hours* * Subsequent years would likely be less. I:\proposals\2007\Town of Avon\draft Avon proposal 3 5 07.doc SCHMUESER I GORDON I MEYER E N G I N E E R S S SURVEYORS 3/13/2007 Page 3 of 4 4. Assess town facilities to lower GHG emissions from buildings. After the GHG Inventory is complete, Town buildings would be `benchmarked' against comparable buildings nation-wide to determine potential for energy improvements. Buildings well suited for energy efficiency improvements could then be audited to identify which projects are worthy of investment. Depending on the results, simple audits could be performed to capture the low-hanging fruit, or an RFP could be drafted for more comprehensive performance contracting by an energy services provider. Improvements could be funded internally, or through performance contracting. Making such improvements to city facilities would reduce overall operating costs for the city, while demonstrating how private businesses could do the same. Estimated time to: Benchmark buildings: 12 hours Perform simple audits: (Phase H) TBD Draft Performance Contracting RFP: (Phase H) TBD Client responsibilities: Client will provide for SGM all necessary building data such as size, type of use, hours of operation, etc. SGM Deliverables: SGM will research comparable buildings and present results along with a short analysis of how Town of Avon facilities are performing in comparison and which facilities are well suited to have audits conducted. Phase III 5. Engage the community. The same process to reduce municipal GHG emissions should be used to reduce community-wide GHG emissions, but engaging the community in this effort requires a significant effort. The steps would likely be as follows: • Complete a community-wide GHG Inventory • Conduct community outreach meetings to listen to how the citizens, tax payers, businesses, etc. would like to approach a climate mitigation strategy. As with any public campaign, this step is critical. • Enlist a task force, blue ribbon panel, etc. to develop an action plan and reduction goal. • Create, strengthen or maintain public private partnerships to make the financial and technical resources available to the general public to make significant reductions. • Request that all applicable jurisdictions endorse the recommended action plan and goal. 1:\proposals\2007\Town of Avon\draft Avon proposal 3 5 07.doc SCHMUESER I GORDON I MEYER E N G I N E E R S S SURVEYORS 3/13/2007 Page 4 of 4 Phase III is a significant step that would require considerable dialogue between staff, Town Council and SGM. A more complete Scope of Work would be provided at that time. We estimate that the Scope of Work outlined above would take approximately 209 hours. With consulting time and miscellaneous expenses included, the estimated total cost for SGM's services would be $25,000. 1 am proposing that we approach this project from a time and material basis, with a Not to Exceed amount of $28,000. I am enthusiastic about the opportunity to work with you and the Town of Avon and look forward to hearing from you to so that we can move your project forward. Sincerely, Dan Richardson Senior Energy Consultant I:\proposals\2007\Town of Avon\draft Avon proposal 3 5 07.doc SCHMUESER I GORDON I MEYER E N G I N E E R 5 1 5 U R V E Y O R 5 AGREEMENT FOR PROFESSIONAL SERVICES Date: March 13, 2007 Client Name: Town of Avon Address: 400 Benchmark Road City: Avon State & Zip: CO 81620 Phone: 970.748.4009 Mailing Address (if other than above) Project Name: Climate Action Plan Description: GHG Inventory & Action Plan Contact Person: Project Manager: SGM Project No.: Eric Heideman Dan Richardson Client requests and authorizes Schmueser Gordon Meyer, Inc. (SGM) to perform the following services: Scope of Work: (including assumptions, limitations & exclusions) Please refer to cover letter with Scope of Work Legal Description of Property: (including owner's name, address & phone) Time & Compensation by Client to SGM will be on the basis of: (Time & Materials per current Fee Schedule, Not to Exceed amount, Lump Sum, Per Proposal, etc.) Time and material per current Fee Schedule, with a Not to Exceed per proposal. When compensation is on a cost-reimbursable basis, a service charge of 10% will be added to Direct Expenses. All sales, use, value added, business transfer, gross receipts, or other similar taxes will be added to SGM's compensation when invoicing Client. Other Terms: Services covered by this Agreement will be performed in accordance with the Provisions stated on the next two (2) pages along with any attachments or schedules. This Agreement supersedes all prior agreements and understandings and may only be changed by written amendment executed by both parties. IN WITNESS WHEREOF, the parties have made and executed this Agreement to be effective as of the date first above written. CLIENT SCHMUESER GORDON MEYER, INC. BY: BY: ME: Eric Hei man NAME: Dan Richardson (PLEASE PRINT) (PLEASE PRINT) DATE: March 13, 2007 DATE: March 13, 2007 CL BY: NAN DAl 118 W. 6th, Suite 200 Glenwood Springs, CO 81601 970-945-1004 Fax: 970-945-5948 Page 1 Provisions Authorization to Proceed Execution of this Agreement by Client will be authorization for SGM to proceed with the Project, unless otherwise provided for in this Agreement. 2. Billing Rates Both parties understand and agree that all work not specifically delineated within the scope of work described herein shall be billed on a time and materials basis and shall be in addition to any budget, bid or maximum price agreement for the above-described Scope of Work. Fee adjustments shall be made accordingly for delays and interruptions not the fault of SGM. 3. Direct Expenses SGM Direct Expenses are those necessary costs and charges incurred for the Project including, but not limited to: (1) the direct costs of transportation, meals and lodging, mail, courier services, equipment materials and supplies; (2) SGM's current standard rate charges for direct use of SGM's vehicles, computing systems, word processing and printing. 4. Standard of Care Services performed under this Agreement are performed with care and skill ordinarily exercised by members of the profession practicing under similar conditions at the same time and in the same or similar locality. No warranty, expressed or implied, is made or intended by the interpretation of consulting services or by furnishing oral or written reports of the findings made. SGM's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. 5. Termination This Agreement may be terminated for convenience on 30 days written notice, or for cause, if either party fails substantially to perform through no fault of the other and does not commence correction of such non- performance within 5 days of written notice and diligently complete the correction thereafter. On termination, SGM will be paid for all authorized work performed up to the termination date plus any related closeout costs such as copying of files, blueprints copies, etc.. If no notice of termination is given, relationships and obligations created by this Agreement will be terminated upon completion of all applicable requirements of this Agreement. 6. Payment to SGM All fees, commissions, product charges and expenses billed shall be due within thirty (30) days of the date of billing. Interest on unpaid or late bills shall accrue at 1'/2 percent per month (18.0 % A.P.R.). In the event any sum is not timely paid, SGM shall be entitled to the recovery of all costs of collection, including reasonable attorney's fees and expenses. In addition to any right and remedy conferred hereunder or by law, SGM shall specifically have the right to assert a lien on the property described above. Client agrees that all Statements not objected to in writing within fifteen (15) days of receipt are assumed to be final and binding upon the parties as to the amount due, the adequacy of SGM's performance and the value of the services provided to Client. 7. Venue This Agreement is subject to the Laws of the State of Colorado, the venue of the County of Eagle shall control any proceedings arising in the transaction described herein. 8. Engineers' Responsibilities Engineer shall review laws, codes, and regulations applicable to the Engineers' services. The Engineer shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction Page 2 over the Project. Engineer's certification of the amounts due the Engineer shall constitute a representation that to the best of the Engineer's knowledge, information & belief, the quality of the work is in accordance with the contract documents. Engineers may review shopdrawings "for the limited purpose of checking for conformance with information given & the design concept expressed in the Contract Documents." This review will not relieve the Contractor or client from the responsibility for errors or deviations from the Contract requirements. "Contract Documents" include; Advertisement For Bid, Instructions To Bidders, Bid, Agreement, General Conditions, Supplementary General Conditions, Notice of Award, Notice To Proceed, Change Order, Drawings, Specifications and Addenda. Insurance SGM shall secure and maintain throughout the full period of this Agreement, sufficient insurance to protect itself adequately from claims made by its employees under applicable Workers' Compensation Act and from claims of bodily injury, death or property damage as may arise from the performance of services under the Agreement. CLIENT must obtain its own insurance. SGM will, upon request, file certification of such insurance coverage with CLIENT or authorized representative. 10. Limitation of Liability The liability of SGM, for any actions, damages, claims, demands, judgments, losses, costs and expenses arising out of or resulting from the negligent acts, errors or omissions of SGM is limited to the proceeds available to SGM. The term 'proceeds available to SGM' means the proceeds of liability and/or errors and omissions insurance available to SGM. The parties understand and agree that SGM is acting as an engineer and not as a contractor hereunder and nothing shall be construed as imposing on SGM any duty or obligation to have authority over Contractor's work, nor shall SGM have authority over, or responsibility for, the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or for safety precautions and programs incident to the work of the Contractor, or for any failure of the Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to the Contractor furnishing and performing the work- 11. Indemnity Client and SGM each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against liability for all claims, losses, damages, and expenses, including reasonable attorneys fees, claimed by third parties to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors or omissions. In the event claims, losses, damages or expenses are caused by the joint or concurrent negligence of Client and SGM, they shall be borne by each party in proportion to their respective negligence. 12. Opinions of Cost When included in SGM's scope of services, opinions or estimates of probable construction cost are prepared on the basis of SGM's experience and qualifications and represent SGM's judgment as a professional generally familiar with the industry. However, since SGM has no control over the cost of labor, materials, equipment, or services furnished by others, over contractor's methods of determining prices, or over competitive bidding or market conditions, SGM cannot and does not guarantee that proposals, bids, or actual construction cost will not vary from SGM's opinions or estimates of probable construction cost. Page 3 SCHMUESER 1 GORDON MEYER E N G I N E E R S I S U R V E Y O R S FEE SCHEDULE January 2007 HOURLY RATE PRINCIPAL ENGINEER $145.00 SENIOR ENGINEER $125.00 SENIOR ENERGY CONSULTANT $115.00 REGISTERED ENGINEER $110.00 PROJECT MANAGER $100.00 DESIGN ENGINEER $ 90.00 PLANNING ENGINEER $ 85.00 SENIOR FIELD ENGINEER $ 90.00 FIELD ENGINEER $ 80.00 SENIOR CADD DESIGNER $ 90.00 CADD DESIGNER $ 80.00 CADD DRAFTER $ 70.00 GIS TECHNICIAN $ 85.00 PROJECT MARKETING $ 80.00 CLERICAL STAFF $ 60.00 SURVEY MANAGER $135.00 REGISTERED LAND SURVEYOR $110.00 SURVEY TECHNICIAN $ 85.00 FIELD SURVEY (1-Man Crew) $140.00 FIELD SURVEY (1-Man Crew OVERTIME) $210.00 FIELD SURVEY (2-Man Crew) $190.00 FIELD SURVEY (2-Man Crew OVERTIME) $285.00 EXPERT TESTIMONY Equipment Vehicle Mileage......... ATV / SNOWMOBILE REIMBURSABLES Reproduction (Plot Sheets are typical "D" size @ 2' x 3', Oversize higher) Black & White Plots Mylar Plots Color Plots Photocopies ..$275.00 Rate $ 0.60/mile $ 125.00/day $ 5.00/sheet $17.50/sheet $26.50/sheet $ 0.20/page Miscellaneous Overtime will be charged out at 1'/2 times hourly rate (field survey overtime rates noted above). 10% will be added to all direct expenses, including FedEx, special delivery and courier charges, special consultants, subcontractors, laboratory tests, airfare, lodging, meals, car rental, telephone, outside printing expense, etc. Interest of 1.5% per month will be charged for invoices past 30 days.