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HomeMy WebLinkAboutresolution.council.026-12 RESOLUTION # � (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND MCLAUGHIN WATER ENGINEERS LTD 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 contract for Professional Services for the Water Utility Asset Management Plan and Infrastructure Analysis, between the City of Aspen and McLaughlin Water Engineers Ltd., a true and accurate copy 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 that Contract for Professional Services for the Water Utility Asset Management Plan and Infrastructure Analysis, between the City of Aspen and McLaughlin Water Engineers Ltd., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 26th day of March 2012. 71 Michael . Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, March 26, 2012. Ka n S. Koch, City Clerk 4 The Mr flees CITY OF ASPEN STANDARD FORM OF AGREEMENT-2009 PROFESSIONAL SERVICES City of Aspen Project No.: 2012-016. AGREEMENT made as of 26th day of March, in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen c/o Water Department 130 South Galena Street Total: $83,500.00 Aspen, Colorado 81611 Phone: (970)920-5055 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 McLaughlin hlin Water Engineers, Ltd. until it has been approved by the City g Council of the City of Aspen. c/o James McLaughlin 2300 15'h Street City Council Approval: Denver,CO 80202 Phone: (303)964-3333 Date: March 26, 2012 Resolution No.: For the Following Project: Professional Services Contract for the Water Utility Asset Management Plan&Infrastructure Analysis Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Hourly Fee Schedule. Agreement Professional Services Page 0 4 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than November 30, 2012. 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 sums 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 finished or unfinished documents, data, studies, surveys, drawings,maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be Agreement Professional Services Page 1 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. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability,claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the 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. 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 Agreement Professional Services Page 2 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 ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (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. (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. Agreement Professional Services Page 3 (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, 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 $150,000.00 per person and $600,000 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. 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 Agreement Professional Services Page 4 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 term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 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 turns 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 employ 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. Agreement Professional Services Page 6 (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: (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 et 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, Agreement Professional Services Page 7 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. (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. 17. 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 rime of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. Agreement Professional Services Page 8 (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CI F ASPEN,COLORADO: PROFESSIONAL: (1/1...P" AO/ I 'Al: [Signature] [Signature] B c (('' t niflough/;a Y� ���� t� �A�.(I �- By: eon L. [Name] [Name] Title: tt- 1-1((„{) L Title: pYl74,pa/ i Date: 7 "ir--- ( Z Date: 3 - /5' /2 Approved as to form: rty Attorney's Office Agreement Professional Services Page 9 Exhibit A Professional Services Agreement MC Laughlin Water ENGINEERS. LTD. EXHIBIT A PROPOSAL TO PROVIDE ENGINEERING SERVICES FOR THE CITY OF ASPEN Based on the City's Request for Proposal, dated February 23, 2012 for a Water Utility Asset Management Plan and Infrastructure Analysis GENERAL The work scope is to be in accordance with the City's Request for Proposal, pages 3 through 6, and as specifically modified herein. In addition, McLaughlin Water Engineers, Ltd. agrees to comply with the provisions listed in the City of Aspen's Standard Form of Agreement. SCOPE OF SERVICES Summaries of work scope, segregated into principal tasks, follow. The work proposed is intended to be comprehensive—including all effort needed to result in the completed product—even though not specifically listed. Task 1. Organizational—Work Sessions Identify, obtain, review and excerpt all existing reports, applicable ordinances/policies and other documents relevant to the Aspen water system, including as-built drawings. Participate in an initial work session with staff. Discuss any special concerns and problems. Obtain operational historical knowledge of condition and maintenance requirements— particularly for underground, inaccessible, infrastructure. Typically we would assume probably one or two more group type, in-progress work sessions with staff(in addition to multiple individual contacts). Task 2. Develop Demand Design Criteria Review Comprehensive Plan, or similar planning documents. Work with planning/management staff. Obtain consensus as to planned service area boundaries. Obtain development projections (location and type). Analyze water use records to project unit demands. 1 1:1Madcebnp12012 Proposalsaspen1ExNbf A.doc Translate development projections to water demand projections. Also, establish probable fire protection flow requirements for the multiple sub-areas. Customer demand projections and design fire flow criteria will also be developed for present service area (with fill in). Obtain Design Criteria concensus. Task 3. Evaluate Existing Infrastructure An inventory, by functional category, would be generated for all water infrastructure facilities. Each significant item of existing facilities would be evaluated to provide: a. Capacity—as relates to system requirements. b. Suitability—how well the item fits in with the overall system. c. Condition—facilities would be evaluated to the extent possible, as to condition/quality. d. Replacement/Maintenance—upgrade requirements, with schedule. The evaluations would incorporate interviews with staff, our present knowledge of the City's facilities and our experience with multiple similar items. This information would be summarized and catalogued for convenient use in the Plan. Task 4. Water Rights Obtain information and analyses from Kerry Sundeen and Cynthia Covell. Refer to the proposal letter from Kerry Sundeen in Appendix Al. Present this information in a format and scope relevant to the Asset Management Plan —as well as the recommended Master Plan. Coordinate the developed design criteria with their inputs to formulate a water rights strategy which would support the City's projected needs. Task 5. Distribution Master Plan A system computer based model is almost a must to confidently prepare a system Master Plan. We started this model several years ago— but the work was deferred because of lack of as-built information; the City has since completed as-built drawings of the distribution system. Under this task, IDModeling will build a complete distribution model, incorporating all piping, PRVs, storage tanks and pumping stations. The proposed software would be Water Gems or EPANET 2.0, at the City's option. Refer to the IDModeling Proposal in Appendix A2 for additional details. 2 I To meet time requirements, and limit the budget for this assignment, the model runs would be limited to loading with only generalized demands and fire flows. We have prepared many multi zone Master Plans and can furnish a good plan without comprehensive runs. The model would be capable of running all pressure zones simultaneously. Service would include a staff familiarization session. Task 6. Capital Improvements Program An improvement program involving all planned projects to be considered as capital financed would be formulated. This would consist of: 1 Capitalized Replacements. a Recommended or Required Upgrade Improvements. Expansion or Extension Projects—to be financed by the City for projected development. The program would include, and be broken down as to function, e.g.: d Water Rights a Raw Water Supply a Raw Water Storage a Water Treatment d Hydropower a Water Distribution As stipulated, items projected to be needed for the next 10 years(to 2023)would be included. The preceding work, particularly the Evaluation of Existing Infrastructure, the Design Criteria and the Master Plan would be used to prepare the CIP (Capital Improvement Program). Preliminary cost/budget estimates will be prepared for all components of the CIP thought desirable to be constructed during the projected 10 year period. Task 7. 0 & M Program The facilities' evaluation research would be supplemented to obtain operational related information. Using this, and our extensive experience with similar municipal utilities, a set of suggested operational modifications would be prepared. If acceptable to the City, it is probable that this scope should be furnished as a separate document(and not as part of more long-lasting records such as an AMP or MP). 3 w ' Task 8. Reports Information, Analyses, and Recommendations would be organized and edited so as to result in logical, comprehensive, documents. This Proposal contemplates three final deliverables(which can readily be reorganized if desired by the City): • Asset Management Plan ▪ Master Plan with Infrastructure Evaluation Notes: The Water Rights scope would be included unless it is later determined to involve confidential analyses. It is acknowledged that any proposed treated water pipe sizings for the distribution system will be approximate, and may require optimizing, based on later model runs. t 0 & M Program —Conclusions and Recommendations Task 9. Meetings Work sessions with staff and others needed to develop the Reports are included in the relevant Tasks. This Task includes the Council Meeting and Public Meeting itemized in the RFP. Our work would include preparation of visuals and tasks as needed to enhance and illustrate the presentations—as well as attendance by appropriate team members. Information to be Furnished by the City of Aspen Base information to be furnished by the City includes: d As-built drawings of all City water infrastructure(particularly underground facilities). d Available water usage records—both customer and production. .a Available water quality data and CDPHE reviews/complaints. d Assistance and cooperation with regard to obtaining historic water system operation and maintenance information. if Any legal consultation/information needed to complete water rights aspects of the report. d Projections of future development/service area boundaries. 4 METHOD OF PAYMENT Work for this assignment will be done on an hourly rate plus actual expense basis(except for the model). The following MWE Rate Schedule would apply for MWE employees. Subconsultant(Grand River Consultants)time would be billed at the hourly rates, without markup, given in their letter proposal included as an Appendix. It is assumed that any legal water rights consultation needed would be provided by Cynthia Covell, with her time being billed directly to the City. Preparation of the distribution system model is to be subcontracted to IDModeling, Inc., on a lump sum cost basis. The work, as described, will be completed at a not to exceed cost of$83,500. The Work Plan, by Task, which includes cost budgets, is attached. Submitted by: McLaughlin Water Engineers, Ltd. Atte t: ott / Qii441 R. James McLaughlin, P.E. Ronald C. M rile h' , P.E. & L.S. Attachments: MWE Rate Schedule Appendix-1 —Grand River Subconsultant Proposal Appendix-2— IDModeling Subconsultant Proposal Work Plan/Budgets 5 - 1 ■ L. § \ .g c } ■ e • ! # / ) c c ; 2 W I ) § 4 ] ® ( \ of ? [ | # •/ i ; :0 t \ t ƒ / i = } ,a ° � \ ƒ ƒ � / — ) \ \ ` � f ) \ 2 ~ ! / § � t f / ) ) , ® 2 CO - k± § \ !\ U ! /I)A / g2 Q 7 / ± ` a k ) 2 E C Exhibit B Professional Services Agreement City of Aspen -Water Utility Asset Management Plan and Infrastructure Analysis Work Plan- Budgets (Task Leader Underlined) Person Estimated Hours Hourly Rate Estimated Billing Task 1-Organizational Work Session Ron McLaughlin 12 $150 $1,800 Jim McLaughlin 8 $132 $1,056 Dean Derosier 10 $132 $1,320 Terry Kenyon 8 $132 $1,056 Diana Ramser 6 $47 $282 Expenses $800 Subtotal $6,314 Task 2- Develop Demand Criteria Ron McLaughlin 10 $150 $1,500 Jim McLaughlin 6 $132 $792 Melanie Asquith 20 $104 $2,080 Terry Kenyon 6 $132 $792 Diana Ramser 6 $47 $282 Expenses $500 Subtotal $5,946 Task 3-Evaluate Existing Infrastructure Ron McLaughlin 8 $150 $1,200 Jim McLaughlin 24 $132 $3,168 Dean Derosier 12 $132 $1,584 Diana Ramser 10 $47 $470 Expenses $800 Subtotal $7,222 Task 4-Water Rights Kerrvsundeen 20 $167 $3,340 Clerical 4 $52 $208 Ron McLaughlin 4 $150 $600 Subtotal $4,148 Task 5-Distribution Model/Plan Ron McLaughlin 20 $150 $3,000 Melanie Asquith 16 $104 $1,664 Terry Kenyon 8 $132 $1,056 Alan Johnson 20 $91 $1,820 IDModeling $10,500 Expenses $500 Subtotal $18,540 M Task 6-Capital Improvement Program Ron McLaughlin 12 $150 $1,800 Jim McLaughlin 36 $132 $4,752 Dean Derosier 12 $132 $1,584 Terry Kenyon 12 $132 $1,584 Diana Ramser 8 $47 $376 Expenses $800 Subtotal $10,896 Task 7-0& M Program Ron McLaughlin 8 $150 $1,200 Jim McLaughlin 30 $132 $3,960 Dean Derosier 10 $132 $1,320 Terry Kenyon 16 $132 $2,112 Diana Ramser 12 $47 $564 Expenses $500 Subtotal $9,656 Task 8- Reports(AMP) Ron McLaughlin 16 $150 $2,400 Jim McLaughlin 8 $132 $1,056 Melanie Asquith 20 $104 $2,080 Terry Kennon 24 $132 $3,168 Dean Derosier 8 $132 $1,056 Diana Ramser 12 $47 $564 Alan Johnson 16 $91 $1,456 Expenses $1,000 Subtotal $12,780 Task 9- Meetings Ron McLaughlin 6 $150 $900 (Travel) 8 $0 $0 Jim McLaughlin 6 $132 $792 (Travel) 8 $0 $0 Terry Kenyon 6 $132 $792 (Travel) 8 $0 $0 Dean Derosier 6 $132 $792 Alan Johnson 4 $91 $364 Expenses $500 Subtotal $4,140 Total Estimated Budget $79,642 5%Allowance for Contingency $3,982 $83,624 Not to Exceed Budget $83,500 ft McLaughlin Water ' ENGINEERS LTD. Schedule of Hourly Rates Effective February 1,2012 thru January 31,2013 2012 Personnel Minimum Qualifications Hourly Rate Senior Principal MS in Engineering,25+years relevant experience,Professional, $150 Engineer Registration,recognized expertise Principal Engineer BS in Engineering plus 20+years relevant experience,or MS in $132 Engineering plus 15+years relevant experience,Professional Registration Senior Project Engineer BS in Engineering plus 15+years relevant experience,or MS in $115 Engineering plus 13+years relevant experience,Professional Registration Project Engineer BS in Engineering plus 8+years relevant experience,or MS in $104 Engineering plus 6+years relevant experience,Professional Registration Professional Engineer BS in Engineering plus 4+years relevant experience,Professional $92 Registration Engineer in Training BS in Engineering plus passed FE examination $70 Resident Engineer/ BS in Engineering plus 4+years relevant experience; or 10 years $82 Senior Resident relevant experience Resident Inspector BS degree or 4+years relevant experience in heavy construction $72 Survey Crew Two person survey crew complete with Total station or other equipment $135 Hydrologist $105 Senior Designer with 10 years relevant experience $91 CAD Station and software Engineering drafter with 4 years relevant experience $76 CAD Station and software Engineer Technician $50 Secretarial whvord $47 processor Special rates will be negotiated for personnel with qualifications not described in the above schedule, or for personnel to be utilized not meeting the above minimum qualifications. Monthly rates will be furnished for full-time Residents. Billable Expenses Automobile IRS Rate($0.555hnile) 4 wheel&We vehicle IRS Rate plus 8 cents/mile Lodging&subsistence Actual cost Special communications/printing Actual cost Interest at 1%per month will be charged on amounts due over 60 days after invoice data This Schedule of Rates is considered by McLaughlin Water Engineers,Ltd.to be'CONFIDENTIAL'information. Release of any information contained herein to third parties is prohibited without express wniten consent of MWE.