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HomeMy WebLinkAboutresolution.council.049-13 RESOLUTION #49 (Series of 2013) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND EXPONENTIAL ENGINEERING COMPANY 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 substation design, between the City of Aspen and Exponential Engineering Company, 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 substation design, between the City of Aspen and Exponential Engineering Company, 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 Cit of Aspen on the 22nd day of April 2013. y Michael C. reland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that he 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, April 22, 2013. KaI n S. Koch, City Clerk Tqe C8Y of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT v 2009 PROFESSIONAL SERVICES City of Aspen Project No.: 2013-042. AGREEMENT made as of 25th day of March,in the year 2013. BETWEEN the City: Contract Amount: The City of Aspen c/o Water Department 130 South Galena Street Total: $62,850.00 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 until it has been approved by the City Exponential Engineering Company Council of the City of Aspen. c/o Thomas Ghidossi P.E. 328 Airpark Drive City Council Approval: Fort Collins, CO 80524 Date: , 2013 "Z Phone: 970-207-9648 - -- Resolution No.: For the Following Project: Substation Design Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Agreement Professional Services Page 0 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 August 31 2013. _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 relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Page 1 Agreement Professional Services 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.. Duty to Indemnify. (a). The Parties agree to defend, indemnify, save and hold harmless each other in accordance with the following terms, conditions, and limitations and to the extent allowed by law. As used in this section, the Party who owes an obligation of indemnity arising with respect to any particular claim is referred to as the "Indemnifying Party," and the subject to whom the obligation of protection is owed as to such claim is referred to as the "Indemnified Person." Subjects of Indemnity Obligation. The Parties' indemnity obligations under this Section shall extend from City to Professional, to the extent allowed by law, and from Professional to City, respectively, together in each case with their respective managers, representatives, political bodies, office-holders, officers, administrators, principals, owners, stockholders, equity holders, predecessors, successors, assigns, agents, directors, members, officers, employees, former employees, representatives. attorneys, and affiliates. Covered Claims. To the Tul lest-extent-allowed by applicable law, but subject to the limitations in Subsection 8.A.iii, below,each Party's indemnity obligations under this Section 8 shall apply to all third-party claims and liability incurred by or asserted against an Indemnified Person, including but not limited to reasonable attorneys' fees, settlement fees, costs of investigation and defense, arising out of or in any way related to theories of liability predicated upon any type of culpable act or omission by the Indemnifying Party occurring after the effective date of this Agreement and related to the Indemnifying Party's performance, non-performance, breach Page 2 Agreement Professional Services or other culpable legal fault arising under this Agreement. In the case of Professional, its duty as Indemnifying Party shall extend to the culpable act(s) or omission(s) of any of Professional's subcontractor(s), consultant(s) or other agent(s), and further, shall include any third-party claim that arises out of any workmen's compensation claim of any employee of Professional or any employee of any subcontractor of Professional. i). Limitations Upon Duty to Indemnify. The obligations of an Indemnifying Part)- with respect to a claim subject to this Section 8 shall not extend to third-party claim(s) to the extent determined to have been caused by the negligence, breach, or culpable legal fault of the Indemnified Person. Further, an Indemnifying Party shall in no circumstance whatsoever bear responsibility or liability for any amounts that are greater than represented by the degree or percentage of negligence, breach, or other culpable fault attributable to Indemnifying Party with respect to the claim being analyzed. (b). Receipt by City of the Professional's services under this Agreement and City authorization to proceed with the various phases of services shall not be construed as approval of Engineer's Workproduct by the City or as the giving of instructions or directions by the City. The indemnity provisions within this Section 8 are subject to the requirements of C.R.S. § 13-21-111.5, as the same may be amended from time to time. (c) The time and expense spent by an Indemnifying Party in defending claims where a duty of indemnification is owed to an Indemnified Person pursuant to this Section 8 shall be at Indemnifying Party's own expense, and the Indemnifying Party shall cooperate with the Indemnified Person in defending such claims. Such cooperation shall not require of either Party the preparation of new Workproduct or Deliverables that are not within the scope of this Agreement. 8. 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 Page 3 Agreement Professional Services 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 DNE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall for for applicable njury, all premises and operations. The policy shall e 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. (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 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 Page 4 Agreement Professional Services 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. 9. 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. 10. 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. 11. 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. 12. 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. Page 5 Agreement Professional Services 13. 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. 14. 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 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: Page 6 Agreement Professional Services (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. (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 Page 7 Agreement Professional Services 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. 15. 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. (c) Professional represents that no official, officer, employee thereafter shall ntat ve of any City during the term of this Agreement has or one (1) year 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. Page 8 Agreement Professional Services (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. 16. 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. 17. 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. unenforceable If any of the provisions impair of lthe validity, legality or enforceability of illegal or other unenforceable rt shall not affect 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. 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 OF ASP COLORADO: PR F SSIONAL: [Signaturel i afore] Page 9 Agreement Professional Services By: , By: [Name] (N � > > Title: Title: � S� , .,. Date:=E—� Date: l3 Approved as to form: -City Attorney's Office Page 10 Agreement Professional Services EXHIBIT A PROFESSIONAL SERVICES AGREEMENT The City of Aspen (COA) will construct a 25kV feeder bay extension to the east end of the 25kV bus at the Holy Cross Electric (HCE) Aspen Substation. COA will purchase major equipment y obtain contractor the substtion bay to HCE upon completion,andacceptance, with the exception of the 25kV cable riser,terminations, and lightning arresters. The project will include installation of a new 25kV breaker, bus work, metering units,substation steel, foundations, cable and conduit, and ground grid e substation fence di I be provide on-going access around the east end of the 25kV bus, modified and expanded with a retaining wall and appropriate back in to allow for the expansion of the substation. EEC's scope of services includes the design of equipment and installations inside the substation as well as primary conduit to the south fence for connection to the Aspen Substation to Burlingame Express Feeder conduit system being designed and installed by others.All design elements will be submitted to HCE for review and concurrence. EEC will subcontract services as follows: • Smith Geotechnical Engineering Consultants, Fort Collins, Colorado o Civil/Structural Design and Geotechnical Investigation • Aspen Survey Engineers, Inc.,Aspen, Colorado o Site Survey Project Billing Group 002-Aspen Substation Design Services 1. Initial Design Services: a. Material specifications, bidding, evaluation, and purchase recommendations for Owner Furnished Equipment: I. Feeder Circuit Breaker to match HCE existing equipment, including protective relaying equipment inside the breaker cabinet. ii. Combined CTNT metering transformer unit for revenue metering on the new feeder. iii. Disconnect switches,insulators,and other long lead-time equipment. iv. Substation steel to tie to the existing structures and provide the riser and metering unit supports. Page 11 Agreement Professional Services v. Control panel and metering equipment for installation inside the substation control building. b. Site Survey I. Topographic site survey with two foot contours covering the east segment of the 25kV buswork and bays, extending to the fence and the proposed substation surface support extensionto wall drainage, and backfill cover a sufficient area to 9 design at the head of the slope to the river. c. Geotechnicai investigation I. Soil Borings ii. Soils Analysis and Laboratory Tests 2. Design Services a. Civil and Structural Design i. Equipment foundations based on existing substation foundation designs. H. Retaining wall, fill, grading, drainage and surfacing for the extension of the substation and fence to the east. iii. Substation fence modifications. iv. Substation steel dimensions and loading trees for bidding and design by steel manufacturers. 1. Review of steel manufacturer's shop drawings and calculations. b. Electrical Design I. 25W Bus and equipment connections. ii. Modifications to the existing ground grid. Ill. Cable and conduit design. 1. Primary conduit from 25kV riser to a point within 25 feet of the south fence for connection to Express Feeder duct designed by others. 2. Control and metering cable runs to existing building. a. Conduit from new equipment to existing cable trench. b. Additional conduit from end of existing trench to existing control building vault. iv. Relay,Control and Metering Design 1. Drawings indicating wiring additions and modifications to integrate the new equipment into the substation. a. Panel arrangement modifications, Nameplate and Material Lists. b. New breaker control switches in existing panels. c. Single Line, Three Lines, DC Schematics, and Wiring Diagrams. d. Interface to existing 25kV relaying scheme. e. SCADA Interface. 2. Relay Settings for feeder protection. Page 12 Agreement Professional Services Project Billing Group o11 -Aspen Substation Coordination witFi HCE 1. Design Coordination and Review. s. All details regarding the substation design will be submitted for HCE review and concurrence. arsons, one day plus 2. EEC anticipates two review and coordination meetings (two p for each at ti offices the en fs In th e even that additional meetings are required, aper-metig co ti ndicated below. 3. Other meetings will be conducted via telephone conference wherever possible. items to be Furnished by the City of Aspen 1. Standard construction contract format. 2. Bidding receipt and management(advertisements, mailings,plan distribution, notices). 3. Design of the Express Feeder duct bank ending in the vicinity of the south fence at the substation. Items to be Furnished by Holy Cross Electric 1. Drawings of existing substation equipment. a. Foundation'Plan b. Foundation Details c. Ground Grid d. Cable Trench e. Single Line,Three Lines,and DC Schematics f. Relay and Control Panel Wiring Diagrams g. SCADA Interface Drawings 2. Equipment Information and Requirements a. 25kV Breaker b. Metering VT/CT Unit c. Revenue Meter and Communication Equipment d. Control Panel Equipment i. Control Switches ii. Test Switches 3. Access to Substation Property and Title Commitment for Surveyor items not Included in EEC's Proposed Scope 1. Full-time Construction Observation 2. Concrete testing. 3. Equipment testing and commissioning services. 4. 25kV cable pulling calculations will be provided separately under the Deer Hill project. Page 13 Agreement Professional Services EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule Engineering Design Services $37,950 Site Survey $ 3,680$ 7,000 Geotechnical Investigation $14,220 Coordination with HCE Total $62,850 Additional work outside of the original Scope of Work shall be billed at the 2013 Rate Schedule shown on the next page. Page 14 Agreement Professional Services