HomeMy WebLinkAboutresolution.council.086-18 RESOLUTION # 86
(Series of 2018)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, ACCEPTING A GRANT FROM THE COLORADO WATER
CONSERVATION BOARD AND APPROVING A CONTRACT BETWEEN
THE CITY OF ASPEN AND ELEMENT WATER CONSULTING INC.
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON
BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a grant award for
water efficient landscaping ordinance implementation project from Colorado
Water Conservation Board; and, a contract for water efficiency grant
implementation assistance, between the City of Aspen and Element Water
Consulting Inc., a draft of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves and accepts that
Grant for water efficient landscaping implementation and hereby approves that
Contract for grant implementation assistance, between the City of Aspen and
Element Water Consulting, Inc., a draft of which contract is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute a final
contract on behalf of the City of Aspen in substantially the form attached hereto,
subject to the approval of the City Manager and the City Attorney.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 9th day of July, 2018.
Stev Skad on, ayor
1, Linda Manning, duly appointed and acting City lerk 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, July 9, 2018.
rAa =Z'
Linda Manning, City Clerk
L
d�aDD
CIPY OF ASPEN STANDARD FORM OF AG RE EM ENT V2009 CITYOFASPEN
PROFESSDNAL SERVrES
City of Aspen Contract No.: 2018-071.
AGREEMENT made as of 9'day of July, in the year 2018.
BETWEEN the City:
Contract Amount:
The City of Aspen
c/o Water
130 South Galena Street Total: $25,400.00
Aspen, Colorado 81611
Phone: (970) 920-5079
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
Element Water ConsultingInc until it has been approved by the City
Council of the City of Aspen.
c/o Beom Courtney
PO Box 140785 City Council Approval:
Denver, CO 80214
Phone: 303-481-2365 Date: July 9, 2018
Resolution No.:
For the Following Project:
Technical water resource services to support the Water Efficient Landscaping Ordinance
Exhibits appended and made a part of this Agreement:
Exhibit A: Scope of Work.
Exhibit B: Fee Schedule.
The City and Professional agree as set forth below.
Agreement Professional Services Page 0
1. Scone 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("Standard of Care"). The parties anticipate that all Work pursuant to this Agreement shall
be completed no later than December 31. 2018. 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 the amount set
forth above. 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 Agreement 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
stuns due which may be due to any sub-contractor.
5. Termination of Procurement. The sale contemplated by this Agreement may be
canceled by the City prior to acceptance by the City whenever for any reason and in its sole
discretion the City shall determine that such cancellation is in its best interests and convenience.
6. Termination of Professional Services. The Professional or the City may terminate the
Professional Services component of 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 fmished 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.
Agreement Professional Services Page I
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 provide the said services on behalf of the City in accordance with the Standard of
Care. 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, to the extent and
for an amount represented by the degree or percentage 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 wrongful 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 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 part 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.
Notwithstanding any other provisions in this Agreement to the contrary, including any other
provision with the same or similar limiting language: (a)the performance of Professional's services
shall not subject the personnel of either party to any personal legal exposure for project risks,each
party waiving such claims and"covenanting that any claim(regardless of the legal theory)shall be
made against only a party and not against any of its personnel; (b) Professional's duty to indemnify
the City shall apply if and when covered by the insurance required in Section 9 below.
Agreement Professional Services - Page 2
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) Workers' 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
Workers'Compensation requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single
limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and TWO
MILLION DOLLARS ($2,000,000.00) 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.
(iii) Comprehensive Automobile Liability insurance with minimum combined
single limits for bodily injury 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.
Agreement Professional Services Page 3
(iv) Professional Liability insurance with the minimum limits of ONE
MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS
($1,000,000)aggregate.
(c) The policy or policies required above (except Workers' Compensation and Professional
Liability) 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 carred 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 to the City shall be completed by the
Professional's insurance agent as evidence that policies providing the required coverages,
conditions, 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
$350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and
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 Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk
Management 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.
Agreement Professional Services Page 4
11. Completeness of Agreement. 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 or mailed by
certified mail return receipt requested to the respective persons and/or addresses listed above.
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 municipal 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
tens, 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. Notwithstanding
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. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101_
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed
House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added
new statutes relating to the employment of and contracting with illegal aliens. These new
laws prohibit all state agencies and political subdivisions, including the City of Aspen,
from knowingly hiring an illegal alien to perform work under a contract, or to knowingly
contract with a subcontractor who knowingly hires with an illegal alien to perform work
under the contract. The new laws also require that all contracts for services include
certain specific language as set forth in the statutes. The following terms and conditions
have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference
are incorporated herein and in any. contract for services entered into with the City of
Aspen.
"Basic Pilot Program" means the basic pilot employment verification program
created in Public Law 208, 104th Congress, as amended, and expanded in Public
Agreement Professional Services Page 5
Law 156, 108th Congress, as amended, that is administered by the United States
Department of Homeland Security.
"Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a
subcontractor not involving the delivery of a specific end product other than
reports that are merely incidental to the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are
newly hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot
Program in order to verify that new employees are not illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees
without confirming the employment eligibility of all such employees hired for
employment in the United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to
confirm to the Professional that the subcontractor shall not knowingly hire new
employees without confirming their employment eligibility for employment in the
United States under the Public Contract for Services.
(iii) Professional has verified or has attempted to verify through participation
in the Federal Basic Pilot Program that Professional does not employ any new
employees who are not eligible for employment in the United States-, and if
Professional has not been accepted into the Federal Basic Pilot Program prior to
entering into the Public Contract for Services, Professional shall forthwith apply
to participate in the Federal Basic Pilot Program and.shall in writing verify such
application within five (5) days of the date of the Public Contract. Professional
shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until
Professional is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Federal Basic Pilot Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while the Public Contract for
Services is being performed.
(v) If Professional obtains actual knowledge that a subcontractor performing
work under the Public Contract for Services knowingly employs or contracts with
a new employee who is an illegal alien, Professional shall:
Agreement Professional Services Page 6
(1) Notify such subcontractor and the City of Aspen within three days
that Professional has actual knowledge that the subcontractor has newly
employed or contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three
days of receiving the notice required pursuant to this section the
subcontractor does not cease employing or contracting with the new
employee who is an illegal alien; except that Professional shall not
terminate the Public Contract for Services with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal
alien.
(vi) Professional shall comply with any reasonable request by the Colorado
Department of Labor and Employment made in the course of an investigation that
the Colorado Department of Labor and Employment undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services
pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of
Aspen may terminate the Public Contract for Services. If the Public Contract for
Services is so terminated, Contractor shall be liable for actual and consequential
damages to the City of Aspen arising out of Professional's violation of Subsection
8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or
affirms under penalty of perjury that the Professional (1) is a citizen of the United
States or otherwise lawfully present in the United States pursuant to federal law,
(2) shall comply with the provisions of CRS 24-76.5-101 at seq., and (3) shall
produce one of the forms of identification required by CRS 24-76.5-103 prior to
the effective date of this Agreement.
16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that'no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees or
bona fide established commercial or selling agencies maintained by the Professional for
the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of
employment in connection with any decision, approval, disapproval, recommendation,
preparation of any part of a program requirement or a purchase request, influencing the
content of any specification or procurement standard, rendering advice, investigation,
auditing, or in any other advisory capacity in any proceeding or application, request for
ruling, determination, claim or controversy, or other particular matter, pertaining to this
Agreement, or to any solicitation or proposal therefore.
Agreement Professional Services Page 7
(c) Professional represents that no official, officer, employee or representative of the
City during the term of this Agreement has or one (1) year thereafter shall have any
interest, direct or indirect, in this Agreement or the proceeds thereof, except those that
may have been disclosed at the time City Council approved the execution of this
Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against
contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right
to:
1. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or
subcontractor under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of
anything transferred or received by the Professional; and
4. Recover such value from the offending parties.
1.7. Fund Availability. Financial obligations of the City payable after the current fiscal year
are contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. If this Agreement contemplates the City utilizing state or federal funds to meet its
obligations herein, this Agreement shall be contingent upon the availability of those funds for
payment pursuant to the terms of this Agreement.
18. 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.
(b) 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.
19. Electronic Signatures and Electronic Records This Agreement and any
amendments hereto may be executed in several counterparts, each of which shall be deemed an
original, and all of which together shall constitute one agreement binding on the Parties,
notwithstanding the possible event that all Parties may not have signed the same counterpart.
Furthermore, each Party consents to the use of electronic signatures by either Parry. The Scope
Agreement Professional Services Page 8
of Work, and any other documents requiring a signature hereunder, may be signed electronically
in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or
enforceability of the Agreement solely because it is in electronic form or because an electronic
record was used in its formation. The Parties agree not to object to the admissibility of the
Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a
paper copy of a document bearing an electronic signature, on the ground that it is an electronic
record or electronic signature or that it is not in its original form or is not an original.
20. City Data. Unless the scope of services in Exhibit A includes an explicit undertaking by
Professional to confirm the accuracy of plans,,drawings, specifications, criteria, maps, surveys or
other documents or information furnished by or on behalf of City ("City Data"), Professional is
entitled to rely upon City Data as accurate and correct without investigation.
21. Instruments of Service. Professional's final instruments of service shall become the
property of City upon full payment to Professional. City agrees to indemnify, defend and hold
Professional harmless from any and all claims, damages, losses, liabilities and expenses,
including attorney fees and expert and consulting fees, arising out of or resulting from
unauthorized reuse of the instruments of service.
22. Integration of Work Product. Notwithstanding any other provision in this Agreement to
the contrary, including any other provision with the same or similar limiting language, the parties
agree to the provisions of this Section. Professional shall be entitled to rely upon as accurate
information provided by or on behalf of the City. Since Work Product is compiled for
integration and adjustment with other information by the City to arrive at a final instrument of
service (the "Project Product"), it is acknowledged that project participants must be directed not
to rely upon Work Product and other similar information as a stand-alone instrument of service.
The City covenants to: (a) adequately scope, insure, and allocate responsibility and risk on the
Project, including the provision of qualified and experienced firms to review and integrate the
various compiled data into the Project Product (the foregoing is referred to, collectively, as the
"Integration Caveat"); and (b) advise all project participants of the Integration Caveat on a need-
to-know basis, since Consultant does not have the privity to do so; and (c) indemnify, defend and
hold Consultant harmless from any breach of these covenants. Consultant is authorized to display
the Integration Caveat on its Work Product and in its communications, when practicable.
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 fust written above.
Agreement Professional Services Page 9
CITY OF ASPEN,COLORADO: PROFESSIONAL:
By: S By: &O{,j W Ur-4 0 g4
[Mame] (� INamel
Title: Title:
Cb-KSu(-h , KC- -
Date: �� �a/,- Date:. TIto I I$' J
Approved as to form:
Attomey's Office
Agreement Professional Services Page 10
EXHIBIT A PROFESSIONAL SERVICES AGREEMENT
A. SCOPE OF SERVICES
ELEMENT will provide technical water resources services to Client to support the City of Aspen
Water EfFlcient Landscaping Ordinance Implementation through the Colorado Water Conservation
Board Water Efficiency Grant Fund.The services are described under Task 1 of the attached grant
application to the Colorado Water Conservation Board(CWCB)dated April 23,2018, related to
Implementing the Qualified Water Efficient Landscaper(QWEL)Program.
B. DELIVERABLES AND SCHEDULE
The deliverables and schedule are described in the attached CWCB grant application dated April 23,
2018.
All deliverables,as well as participation in phone/conference calls and meetings and communication
via email,will be provided in a timely manner to meet critical deadlines and mutually agreed upon
schedules.We are available to begin working on this project upon acceptance of this scope.
Agreement Professional Services Page I I
EXHIBIT B PROFESSIONAL-SERVICES AGREEMENT
Fee Schedule
C. FEE SCHEDULE AND PAYMENT
Payments,for our services are based on the actual time spent on Client's behalf and are measured by
standard hourly rates. Our 2018 rate for Project Manager is$170 per hour and for
Engineer/Hydrologist is$130 per hour based on work performed during the course of regular working
hours(based upon a 40 hour work week).The total fees will not exceed$25,400.00,as further
described in the attached CWCB grant application.
Agreement Professional Services Page 12
COLORADO
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Colcrd
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Last Update:October 20 2017
Coiorado Water Coneaion 8 rao d
Water Efficiency Grant Fund
Grant Application
Instructions
All WEGF grant applications shall conform to Grant Guidelines. Please do not recycle previously used
applications;download a current version directly from CWCB.
If you have questions,please contact CWCB staff:
Ben Wade
Ben.wadenstate.co.us
303-866-3441 ext 3238
WEGF Submittal Che kiistl(Requlred)
acknowledge I have read and understand the WEGF Criteria and Guidelines.
Attachments
Scope of Work(')(Word—see Template)
Budget&Schedule(')(Excel Spreadsheet—see Template)
Letters of Support(For Public Education/Outreach Grants)
Contracting Documents(For Public Education/Outreach Grants)
W-9m
Certificate of Insurance#)(General,Auto, &Workers'Comp.)
(1)Required with application if applicable.
(2)Required for contracting.While optional at the time of this application,submission can expedite
contracting upon CWCB Board approval.
VN, B boa c eeting Schedula,,{o-17 Ft an reques�ia 000 Or more):
CWCB Meeting Application Submittal Dates
January December 1
March February 1
May April 1
July June 1
September August 1
November October 1
WEGF Grant Application I1
®®ICOLORADO
Colorado WAlO!
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Last Update: October 20 2017
`Water Ef l iency�1rroJect 8G nnm Eigy
Name of Applicant City of Aspen
Name of Grant Project City of Aspen Water Efficient Landscaping Ordinance Implementation
WEGF Grant Request Total $48,923
In-Kind Match $12,610
Cash Match $
Total Project Costs $61,533
Applicant Information
Name of Applicant City of Aspen
Water Department
Mailing Address 130 S.Galena Street
As en CO 81611
Applicant's Organization Lee Ledesma
Contact(')
Posltlon/Titie Utilities Finance and Administrative Services Manager
Email lee.ledesma@cityofaspen.com
Phone 970.429.1975
Grant Management Lee Ledesma
Contact(2)
Positlon/Title Utilities Finance and Administrative Services Manager
Email lee.ledesma@cltyofaspen.00m
Phone 970.429.1975
Name of Consultant Beorn Courtney, ELEMENT Water Consulting, Inc.
if applicable)
Mailing Address P.O. Box 140785
Denver.CO 80214
Position/Title President,Water Resources Engineer
Email bcourtnevfdlelemenNm1g_dnc.com
Phone 303.481.2365
(1)Person with signatory authority
(2)Person responsible for creating reimbursement Invoices(Invoice for Services)and corresponding with
CWCB staff.
WEGF Grant Application 12
COLORADO
�®I Corcradowolor
o v:em+arreamaRn
Last Update:October 20,2017
Orgna Izatlons &`Ilndividu_1 AesistingLon the LMOJ t
A list of the organizations and/or Individuals Including those hired or otherwise retained by the entity
thatwill assist
in the project,and a written statement of their role and contributions
City of Asoen:Aoolicant
The City of Aspen will act as the applicant for this project and will oversee and coordinate project
progress with all Involved organizations.
Roaring Fork Conservancy: Proaram Assistance
Roaring Fork will support WaterNow Alliance and City of Aspen in public outreach,training assistance,.
development of materials,and other administrative activities.Work conducted by Roaring Fork staff will
be Considered in-kind services in support of this grant
ELEMENT Water Consulting Inc:Technical Summit and Prolect Coordination
ELEMENT will support the City of Aspen with project technical support and grant administration.This
will Include program content development,technical support with Efficient Landscaping Standard
Implementation,and project coordination.
WaterNow Alliance: Landscane CertiFlcatlon Proaram Trainina
WaterNow Alliance will support the City of Aspen with coordination of, outreach for,and presentation of
the initial landscaping certification training session.
Olin Type o0ligible Entl (check one)
X Covered Entity: as defined In Section 37-60-126 Colorado Revised StatutesPubllc
Non-covered Entity
State or Local Governmental Entity
Public or Private Agency: entity whose primary purpose Includes the promotion of water
resource conservation. Please disclose your organizational structure and charter(or equivalent)
Type ofrWr Ject'(clieckione)
Drought Management Plan
Drought Management Implementation
Water Efficiency Plan
X Water Efficiency Implementation
Public Education&Outreach
WEGF Grant Application 13
COLORADO is
ColondoWator
CommdonBmM
0.�nMv+dNM�JPnoucc,
Last Update:October 20 2017
ocation of Entity
Please provide the county and applicants(If needed)location Identified by SWSI(Statewide Water
Supply Initiative
Basin Colorado River
Nff
Re„ta'I Water D livery over Past 5 Years
Please Identify retail water delivery by the entity for each of the past five years(in acre feet)and additional
Information characterizing past water use by sector(e.g., residential, commercial, industrial, irrigation)
and source e. ., surface water, roundwater,etc.).
Treated Water Use(AF/yr) 2012 2013 2014 2015 2016
Commercial/Industrial 647 626 .648 667 639
Irrigation 85 75 80 79 84
Other 484 381 315 395 410
Residential MF 485 .483 531 521 518
Residential SF 1,390 1,265 1,262 1,177 1,257
Utility/Municipal 1 129 1 124 100107 112
Total Water Use 3,220 2,954 2,935 2,946 1 3,021
Most Aspen's supplies are surface water with minimal supplies from three groundwater wells. Data
provided in the table above are taken from Aspen's 2015 Water Efficiency Plan(WEP)and 1051
reporting.
i
WEGF Grant Application 14
J
COLORADO
AT I Colorado venter
Cootenal t aoerd
o y.m,w a1l�Peea.«.
Last Update: October 20 2017
,P�roJectlons"$o_'fLFuture Annual Retally�emand
A reasonableestimate must be submitted with detailed projections of future annual retail demand for
the next five years based on predicted population(provide source of data), building permits, expected
new taps,and/or some other credible information
Full Time Water Use
Year Population q AF/ r)
2017 10,888 3,277
2018 11,019 3,308
2019 11,151 3,340
2020 11,285 3,372
2021 11,421 3,404
2022 .111558 3,437
2023 11,696 3,470
2024 11,837 3,504
2025 11,979 3,538
*Based on"passive"forecast from 2015
WEP,not Including non-revenue water.
Bnckgrou d'jCharac` iii g'4he Water System
Current and past system'wide and single family residential per capita water use for the last five years,
and the basis for those calculations.
Treated Water Use AF/yr 2012 2013 2014 2015 2016
Residential MF 485 483 531 521 518
Residential SF 3,390 1,265 1,262 1,177 1,257
Total Water Use 3,220 2,9541 2,935 2,946 3,021
Full-Time Population(q) 10,258 10,381 10,506 10,632 10,760
calculated system-wide
gpcd 280 254 249 247 251
Calculated SF residential
gp¢d 121 109 107 99 104
Data provided in the table above are from Aspen's 2015 WEP and 1051 reporting.
WEGF Grant Application 15
COLORADO
Colorado
Colorado Watm
Comarvatlon➢card
aaw,mdwmnnnewm
Last U date: October 20 2017
Potentla`I Car wth-Pop la'tton
Provide population for the past five years,current year and 10-year population projection served by the
entItV and the source of this information
Year Po 11
2012 10,258
2013 10,381
2014 10,506
2015 10,632
2016 10,760
2017 10,888
2018 11,019
2019 11,151
2020 11,285
2021 . 11,421
2022 11,558
2023 11,696
2024 11,837
2025 11,979
Data provided In the table above are from Aspen's 2015 WEP and 1051 reporting.
Est'"ima ed Water Savings Go Is
Estimate water savings goals to be achieved through implementation of the Pian In acre feet and as a
ercenta e.
Funding from this Water Efficiency Plan Implementation Grant will be used to support programs
Identified in Aspen's 2016 WEP that focus on outdoor water efficiency, Including Implementation of
landscape ordinance for new construction.Additionally,certification of landscape professionals
generally raises the'level of awareness of the Importance of water management and best management
practices not only for Aspen, but for landscape professionals working throughout the Roaring Fork
valley,and was an Identified program under the 2015 Roaring Fork Watershed Regional Water
Efficiency Pian.
Aspen estimates that there will be over 2,000 new and reinstalled landscapes in Its service area by the
year 2035. Using the water budget aspect of the Water Efficient Landscaping Standards that are
currenting being Implemented under the pilot program,Aspen estimates that there could be up to a
14%reduction In water use relative to recently submitted landscaping plans prior to the pilot program,
resulting In up to 65 acre-feet of water saved by 2035. However,there is the potential for more
significant savings beyond just the amount achievable through the water budget that are likely to result
through Irrigating landscaping more efficiently, reducing runoff,and other Improved management
practices as a result of an Increase In certified landscape professionals working In the Aspen area and
throughout the Roaring Fork valley.
Estjgs Goals -Monitoring
Indicate how the activities will be monitored to estimate actual water savings during Project
implementation(Implementation&Public Education/Outreach Proertts
WEGF Grant Application 16
�® COLORADO
Coloradloradatio
Coon onn noard
atn,umeawe.dw+oua.
Last Update:-October 20 2017
EstimatedjWeter Saving' G am Monitoriny
Landscaping professionals certified through Aspen's OWEL program will be recorded and tracked
through a web-based database managed by Aspen and the certifying organization. Properties with new
landscaping Installed under Aspen's Water Efficient Landscape Ordinance pilot program will be audited
by certified third party contractors.Over time,as more landscape professionals In the Aspen area
become certified, more new development landscape and Irrigation systems will also be installed by
certified landscape professionals in compliance with the Water Efficient Landscaping Standards.
Providing a local certification program to facilitate having certified auditors available to provide these
services is the primary purpose of this grant.
As landscaping plans have been submitted under the Pilot Program,the City has and continues to
evaluate potential water savings through the water budget aspect of the Water Efficient Landscaping
Standards.Additional information and perspective on the savings potential will also become available
as audits of new landscapes and irrigation systems become available through the Independent,
certified third-party audits.
�Dr uo ghtImpacts (D uor gh`t�Mapagement PI—a nin® Grants Only)
Description of the Impacts experienced by the covered entity,or state or local governmental entity,during
the 2000-2003 & 2012-2014 drought including a breakdown by water use sector (e.g. municipal,
commercial, Industrial, Irrigation,etc.)of those adverse Impacts and steps taken to address 2002-2003
drought Impacts to date. Include short term and long-tens impacts, as well as social and economic
Impacts where applicable and as feasible,
� Adeguacy,,8tabl10y, andRgilaty
Explain the adequacy,stability,and reliability of the entity's watersystem and provide the entitles location
with respect to areas of current and future water needs as identified by the Statewide Water Supply
Initiative SWSI .
WEGF Grant Application 17
COLORADO
Colorado
Colorado Walar
Conwrvatlon Oonttl
�m'Wu.wd�m.rxu..a+
Last Update: October 20 2017
Adequacy, StablHty,.and Reliability
Aspen's 2015 WEP describes the adequacy, stability,and reliability of the City's water system.As
described In that plan'Whlle the historical dry year yield of the City's water rights appear sufficient to
meet current and forecast future demands,the dry year supply figure is misleading. The City, unlike
many Colorado municipalities, does not have a significant water storage component to its water system
that would allow It to store water supplies when they are available, and release stored water when It la
needed. Storage allows a water provider to relime deliveries of water supplies to match water
deliveries with demands.'Without storage,the City is dependent upon streamflow availability at Its river
diversion points.Streamflow Is susceptible to annual variation and changing conditions, Including
dlumal streamflow fluctuations, as well as catastrophic events such as landslides, fires or other events
that can prevent diversion from Castle Creek or Maroon Creek for some period of time. For Aspen, the
water supply Is most vulnerable In the late summer, after the snowmelt runoff period when landscape
Irrigation demands are still high. Furthermore,the available water supply is limited by Aspen's
commitment to actions to protect decreed Instream flows,continue the effectiveness of conservation
programs,as well as to Implement water supply improvements already underway.
While the City's supplies appear to be sufficient for current and future demands under historical
hydrology conditions,without storage,a change in the volume or timing of streamflow and/or demand
growth beyond the levels currently projected(this plan considers growth in demand through 2035 while
the City's water planning extends to 2065)would result in the City having a water supply Issue in dry
year;.
The Roaring Fork Watershed Regional WEP Identified water efficient landscape professional
certification as a program that would benefit from regional scale Implementation.Aspen has initiated
discussions with other local water providers regarding the potential to expand the program regionally
and has engaged the Roaring Fork Conservancy In the CIWEL program development to help support
and facilitate this goal.
Water efficient landscaping professional certification programs and related education is also
recommended In Colorado's Water Plan and Is Identified as Best Management Practice No.8 in the
Colorado WaterWise Guidebook of Best Management Practices for Municipal Water Conservation In
Colorado(2010),SWSI 2010, and subsequently the Water Plan identified the need for local and state
regulations and ordinances In order to achieve the high conservation strategy. The Colorado River
Basin Implementation Plan also recommended model-basin and statewide land-use planning
guidelines that focus on water conservation and water-efficient land-use development.
Outs` peach Goals&Efforts
Identify the groups,Individuals,organizations and/or Institutions that will be Included within the education
and outreach efforts to be proposed as the Project.
Identify the specific goals of the Project (e.g., Identify target audience(s) to reach, policy changes,
outcomes of educational efforts, etc.)•with respect to promoting the benefits of water resource
oonservaflon and water efficiency through education and outreach activities.Make note of how the goals
of the Project tie to the mission and objectives of the CWCB and Its programs (Colorado Water
Plan/Basin Implementation Plans),as appropriate.
Identify In detail the specific activities and tasks to be funded with the Water Efficiency Grant Program
monies,Including all meetings,workshops,fairs,printings,mailings and all other tasks and activities that
will be used to promote the benefits of water resource conservation and water efficiency.
WEGF Grant Application 18
COLORADO
Colorado flonB
ConaervnUon Ooord
uww. dwn.artew.oe+
Last U date: October 20 2017
Otitr� `eac{i Goals &�E_—r,,b
_.
Under this project,the City of Aspen,WaterNow Alliance, ELEMENT Water Consulting;and Roaring
Fork Conservancy will all contribute to outreach and education efforts to support Aspen's Efficlent
Landscaping Standards and Landscape Professional Certification Program,all in support both of
Aspen's Water Efficiency Pian and the Roaring Fork Regional Water Efficiency Plan.The targeted
audience for this effort is the landscape and irrigation professional community. Outreach materials will
be focused on marketing and recruiting these professionals to attend the Initial OWEL certification
training session as requested in this grant application.The training session will be led by WaterNow
Alliance with support from Roaring Fork Conservancy,with the alm to educate landscape professionals
on local water conditions and efficient landscape and irrigation practices and to support Aspen's Water
Efficient Landscape Ordinance by producing certified landscape professionals that are available to
provide third-party audits of new landscapes Installed under the City's'pilot program.The grant funds i
will be used for the Initial multi-day OWEL training and testing session, Including printed reference
manuals and exams.
As described In previous sections of this grant request application,water efficient landscape
professional certification is recommended in Coloredo's Water Plan, is Identified as Best Management
Practice No.8 in the Colorado WaterWise Guidebook of Best Management Practices for Municipal
Water Conservation in Colorado(2010), and supports the municipal water conservation programs
recommended In the Colorado River Basin Implementation Plan.
Signature of an Individual with the authority to commit the resources of the entity seeking Water Efficiency
Grant progra •monl
Com' X� zo.�
Namerriiie // // Date
L !L- LP.cr! �d n ,.na er
WEGF Grant Application 19