HomeMy WebLinkAboutresolution.council.088-23RESOLUTION # 088
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND GARVER. 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
Water Treatment Facility Campus Improvements Design, between the City of
Aspen and Garver, 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 the Water
Treatment Facility Campus Improvements Design Contract, between the City of
Aspen and Garver 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 1 I' day of July, 2023.
l
Torre, Mayor
I, Nicole Henning, 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, July 11', 2023.
c
Nicole He ing, City Clerk
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CITY OF ASPEN STANDARD FORM OF AGREEMENT CITY OFASPEN
PROFESSIONAL SERVICES
City of Aspen Contract No.: 2022-265
AGREEMENT made this 1 lth day of July, in the year 2023.
BETWEEN the City:
The City of Aspen
c/o Sara Ott
427 Rio Grande Place
Aspen, Colorado 81611
Phone: (970) 920-5079
And the Professional:
Garver
c/o Rick Huggins
744 Horizon Court, Suite 140
Grand Junction, CO 81506
970-985-9902
rghug~yins iDgarverusa.com
For the Following Project:
Contract Amount:
Total: $889,526
If this Agreement requires the City to pay
an amount of money in excess of
$50,000.00 it shall not be deemed valid
until it has been approved by the City
Council of the City of Aspen.
City Council Approval:
Date: July 11', 2023
Resolution No.: 088, Series of 2023
City of Aspen Water Treatment Facility Campus Improvements Design
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.
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1. Sco a of Work. Professional shall perform in a competent and professional manner the Scope
of Work as set forth at Exhibit A ("Work or "Scope of Work") 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 in accordance with
schedule shown in Exhibit A and no later than .lanuaa 31. 2024. 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 allowanc-
es 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. Time is to be of
material consideration under this Agreement. Professional schedule and compensation shall receive
equitable adjustment for any impacts caused by events outside the control of 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. Expenses and subconsultant
costs shall be subject to a 10% markup to compensate Professional for overhead costs associated with
these expenses and subcontracts.
4. ''on-AssiLmability. 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,
not to be reasonably withheld. 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, eash ef iA,hem shall,
dal to the extent of the subcontract services. 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, to the extent payment
for Work has been provided to the Professional.
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 such termination for
convenience, the Professional shall be entitled to receive payment for: (i) the value of the Work
completed to the date of termination not previously covered by monthly payments, including profit
with respect to such completed services, (ii) documented and reasonable costs (plus profit on such
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costs) incurred by the Professional to implement such termination (including demobilization costs,
and termination/cancellation costs under subcontracts and purchase orders). 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, the Professional may retain copies of all information provided under this
Agreement. 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.
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 perform any and all services required herein in accordance with generally accepted practices
and standards employed by the applicable United States professional services industries as of the
effective date practicing under similar conditions and locale. Such generally accepted practices and
standards are not intended to be limited to the optimum practices, methods, techniques, or standards
to the exclusion of all others, but rather to a spectrum of reasonable and prudent practices employed
by the United States professional services industry. use his ^~ "e~ best effb r,.^ ..Feyiae the said
an behalf of the Gi y. No agent, employee, or servant of Professional shall be, or shall be
deemed to be, the employee, agent or servant ofthe City. City is interested only in the results obtained
under this eeatfast Agreement. 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 subcontrac-
tors during the performance of this eeFAfaet Agreement. 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 third party tort liability, claims, and
demands, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, , sickness, disease, death, tanglible property loss or damage, hex
IA- ss kind a , 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
^ ^ ; p l ewer-, ::;sWw, negligence, or OdWF intentional 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
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reimburse the Professional for the portion of the judgment, as well as related expenses, 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 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 an), subeentmeter of the
P fe a""' to pree a and maintain, the minimum insurance coverages listed below. Any
subconsultant hired by Professional to provide services under this Agreement shall be required
to maintain insurance coverages commensurate to their respective scope of work. All such
coverages shall be procured and maintained by both Professional and its subconsultants 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) Worker's 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 ONE MILLION DOLLARS
($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00)
disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) 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 TWO MILLION DOLLARS ($2,000,000.00) each occurrence and THREE
MILLION DOLLARS ($3,000,000.00) 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, limited contractual, independent
contractors, products, and completed operations.
(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 polio
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(iv) Professional Liability insurance with the minimum limits of ONE MILLION
DOLLARS ($1,000,000) each claim and TWO MILLION DOLLARS ($2,000,000)
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 to the extent of the indemnities agreed between
the parties in Section 8 of this Agreement. 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 such that no erosion occurs to the limits of liability agreed
upon in this Section 9.
(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 certifi-
cate shall identify this contract and shall provide that the coverages afforded under the policies
shall not be canceled or terminated d until at least thirty (30) days prior
written notice has been given to the City. The Professional will provide thirty (30) days written
notice of material change.
(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 redacted policy and
any redacted 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. CiVs 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
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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 A ement. 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 15.04.570, 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 tern, 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. Worker Without Authorization prohibited —CRS 8-17.5-101 & 24-76.5-101
Purpose. During the 2021 Colorado legislative session, the legislature passed House Bill 21-
1075 that amended current CRS §8-17.5-102 (1), (2)(a), (2)(b) introductory portion, and
(2)(b)(III) as it relates to the employment of and contracting with a "worker without
authorization' which is defined as an individual who is unable to provide evidence that the
individual is authorized by the federal government to work in the United States. As amended,
the current law prohibits all state agencies and political subdivisions, including the Owner, from
knowingly hiring a worker without authorization to perform work under a contract, or to
knowingly contract with a Professional who knowingly hires with a worker without authorization
to perform work under the contract. The law also requires 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.
Definitions. The following terms are defined by this reference are incorporated herein and in any
contract for services entered into with the Owner.
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1. " E-verify program" means the electronic employment verification program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as
amended, that is jointly administered by the United States Department of Homeland Security and
the social security Administration, or its successor program.
2. "Department program" means the employment verification program established pursuant to
Section 8-17.5-102(5)(c).
3. 'Public Contract for Services" means this Agreement.
4. "Services" means the furnishing of labor, time, or effort by a Professional or a subprofessional
not involving the delivery of a specific end product other than reports that are merely incidental
to the required performance.
5. "Worker without authorization" means an individual who is unable to provide evidence that
the individual is authorized by the federal government to work in the United States
By signing this document, Professional certifies and represents that at this time:
1. Professional shall confirm the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services; and
2. Professional has participated or attempted to participate in either the e-verify program or the
department program in order to verify that new employees are not workers without authorization.
Professional hereby confirms that:
1. Professional shall not knowingly employ or contract with a worker without authorization to
perform work under the Public Contract for Services.
2. Professional shall not enter into a contract with a subprofessional that fails to certify to the
Professional that the subprofessional shall not knowingly employ or contract with a worker
without authorization to perform work under the Public Contract for Services.
3. Professional has confirmed the employment eligibility of all employees who are newly hired
for employment to perform work under the public contract for services through participation in
either the e-verify program or the department program.
4. Professional shall not use the either the e-verify program or the department program
procedures to undertake pre -employment screening of job applicants while the Public Contract
for Services is being performed.
If Professional obtains actual knowledge that a subprofessional performing work under the
Public Contract for Services knowingly employs or contracts with a worker without
authorization, Professional shall:
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1. Notify such subprofessional and the Owner within three days that Professional has actual
knowledge that the subprofessional is employing or subcontracting with a worker without
authorization: and
2. Terminate the subcontract with the subprofessional if within three days of receiving the notice
required pursuant to this section the subprofessional does not stop employing or contracting with
the worker without authorization; except that Professional shall not terminate the Public Contract
for Services with the subprofessional if during such three days the subprofessional provides
information to establish that the subprofessional has not knowingly employed or contracted with
a worker without authorization.
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.
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 Owner may terminate this Agreement. If this
Agreement is so terminated, Professional shall be liable for actual damages to the Owner arising
out of Professional's violation of Subsection 8-17.5-102, C.R.S.
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.
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.
17. *4 es Representations A ainst Contin ent Fees Gratuities Kickbacks and Conflicts
of Interest.
(a) Professional waffaws represents 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 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.
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(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.
18. 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.
19. 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. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado.
20. Electronic Signatures and EIectronic 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 Party. The Scope 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 grounds that it is an electronic record or electronic signature or that it
is not in its original form or is not an original.
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21. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the City and the Professional respectively and their agents,
representatives, employee, successors, assigns and legal representatives. Neither the City nor the
Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder
without the written consent of the other party.
22. Third Parties. This Agreement does not and shall not be deemed or construed to confer
upon or grant to any third party or parties, except to parties to whom Professional or City may
assign this Agreement in accordance with the specific written permission, any right to claim
damages or to bring any suit, action or other proceeding against either the City or Professional
because of any breach hereof or because of any of the terms, covenants, agreements or conditions
herein contained.
23. Attome 's Fees and Waiver of Jury Trial. In the event that legal action is necessary to
enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs
and reasonable attorney's fees. Each party irrevocably waives, to the fullest extent permitted by
applicable laws, any and all right to trial by jury.
24. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual
efforts of the parties hereto and the parties agree that no construction shall be made or presumption
shall arise for or against either party based on any alleged unequal status of the parties in the
negotiation, review or drafting of the Agreement.
25. Certification Regarding Debarment Suspension, Ineligibility, and Voluntary Exclusion.
Professional certifies, by acceptance of this Agreement, that neither it nor its principals is presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in any transaction with a Federal or State department or agency. It further certifies
that prior to submitting its Bid that it did include this clause without modification in all lower tier
transactions, solicitations, proposals, contracts and subcontracts. In the event that Professional or
any lower tier participant was unable to certify to the statement, an explanation was attached to
the Bid and was determined by the City to be satisfactory to the City.
26. Integration and Modification. This written Agreement along with all Contract Documents
shall constitute the contract between the parties and supersedes or incorporates any prior written
and oral agreements of the parties. In addition, Professional understands that no City official or
employee, other than the Mayor and City Council acting as a body at a council meeting, has
authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the
City. Any such Agreement or modification to this Agreement must be in writing and be executed
by the parties hereto.
27. Authorized Representative. The undersigned representative of Professional, as an
inducement to the City to execute this Agreement, represents that he/she is an authorized
representative of Professional for the purposes of executing this Agreement and that he/she has
full and complete authority to enter into this Agreement for the terms and conditions specified
herein.
28. Mutual Waiver. Excepting indemnity claims under Section 8 of this Agreement and to the
fullest extent permitted by law, neither City, the Professional, nor their respective personnel shall
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be liable for any consequential, special, incidental, indirect, punitive, or exemplary damages, or
damages arising from or in connection with loss of use, loss of revenue or profit (actual or
anticipated), loss by reason of shutdown or non -operation, increased cost of construction, cost of
capital, cost of replacement power or customer claims, and City hereby releases the Professional,
and the Professional releases City, from any such liability.
29. Limitation. In recognition of the relative risks and benefits of the project to both the City
and Professional, City hereby agrees, with the exception of indemnity claims under Section 8 of
this Agreement, that Professional's and its personnel's total liability under the Agreement shall be
limited to two hundred percent (200%) of Professional's fee set forth in Exhibit A.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly
authorized officials, this Agreement of which shall be deemed an original on the date first written
above.
CITY OF A�,,PQ ,,ORADO:
Sam G. R
[Signature]
Sara G. Ott
By:
[Name]
Title: city Manager
Date: 7/13/2023 1 7:02:00 AM PDT
Approve as to Form:
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City Attorney
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Mary Elizabeth Mach
Title: West Region Director
Date: 6/29/2023 1 5:05:08 AM MDT
Agreement Professional Services Page 10
DocuSign Envelope ID: 47349AC4-OOBE-4137-B44E-2C56D67BO9CB
744 Horizon Court
Suite 140
Grand junction, CO 81506
www.GarverUSA.rnm
EXHIBIT A
(SCOPE OF SERVICES)
GARVER agrees to perform engineering services for the City of Aspen (Owner) Water Treatment
Facility (WTF) Campus Improvements as stated below and in accordance with the stipulations in this
agreement. Generally, the current scope includes pre -design, development of as-builts, survey, record
research, staff interviews, building information modeling, and conceptual design. A contract gate is
included after conceptual design to allow the City time to prioritize recommended improvements and
receive an updated fee proposal from GARVER for work necessary to complete the project. Future
Services will include detailed design, bidding services, project management during detailed design, and
completion of relevant permits and approvals.
The proposed improvements include construction of new facilities and rehabilitation of existing facilities
to increase the performance and the ease of operation and maintenance activities at the WTF. The
proposed work generally includes improvements to the following areas and processes at the WTF and
is intended to include all work stated in the City of Aspen's original request for proposals (RFP) for
2022-265 Design of Water Treatment Facility Improvements and Garver's Proposal in response to that
RFP:
(a) SCADA and electrical systems
a. Ensure system meets all applicable electrical codes
b. Improve system resilience
c. Replace the West MCC and consider replacement of the East MCC
d. Remove abandoned conduit, wires, junction boxes, and equipment
e. Revise controls to allow for remote operation of filter systems at both West and
East Plants
f. Design electric services, controls, and instrumentation for any new plant processes
constructed as part of this project
g. Design upgrades/replacements for programmable logic controllers (PLCs) and
remote telemetry units (RTUs) in the water treatment facility
h. Design improvements and upgrades to the filter control consoles, anticipated to be
full replacement and upgrades to modern standards.
(b) Flocculation and sedimentation processes at the East Plant
a. Improve access to flocculation basin for replacement and repairs
b. Replace settling tubes and plates and maximize loading rates within the existing
basin footprint
c. Evaluate ways to add a third flocculation basin
d. Add or improve chemical dispersion using rapid mix in the existing raw water vault
or using a new raw water vault.
e. Review and analyze vendor -provided jar testing data and conduct jar testing to
optimize coagulation chemistry and characterize potential process improvements
that could be realized by installing rapid mix.
(c) Flocculation and sedimentation processes at the West Plant
a. Improve flocculation and sedimentation efficiency
b. Reduce short-circuiting between the clarifloc units (potentially using new control
valves)
c. Add or improve chemical dispersion using rapid mix in the existing raw water vault
or using a new raw water vault.
Exhibit A - Scope of Services Page 1 of 13 22W23060 - Aspen WTF Improvements
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CARVER
d. Review and analyze vendor -provided jar testing data and conduct jar testing to
optimize coagulation chemistry and characterize potential process improvements
that could be realized by installing rapid mix.
(d) Chemical storage, application, and mixing
a. Decommission the existing sodium hypochlorite storage building
b. Construct a new chemical storage and feed building which combines the
chlorination and fluoridation facilities (storage, batch, and feed)
c. Ensure new building is sited to allow for safe and efficient delivery of bulk
chemicals
d. Provide demolition and decommissioning design and planning for the existing
fluoride fee and storage systems at the water treatment facility
e. If central chemical building is located west of the existing clearwell then the potable
water meter vault will be redesigned and incorporated into the new chemical
building basement.
(e) Backwash ponds and residuals handling process
a. Improve access to the backwash pond
b. Improve ease of removal of accumulated solids in the backwash pond
c. Design a permanent solids drying bed
d. Evaluate other options for residuals management including construction of a
second backwash pond, installing backwash pond baffles in existing or proposed
ponds, surge tanks, gravity thickeners, or mechanical dewatering if desired by the
City
(f) Media filters and scouring
a. Replace filter beds (including media and underdrains) in both East and West Plants
b. Consider replacing the existing surface wash system with an air scour system
c. Improve the efficiency of the backwash cycles
d. Replace aging filter gallery valves and actuators
e. Add hand -actuated valves to allow for isolation of half of the filter beds in each
plant
f. Provide input and guidance to City for designing and installing a filter pilot
column(s) at the water treatment facility for evaluating changes to media bed.
(g) Exterior buildings and site
a. Replace deteriorating paving throughout the site
b. Improve stormwater management and conveyance throughout the site
c. Repair degraded finishes on building exteriors
d. Relocate the perimeter fence to encompass the backwash pond
e. Improve the access ramp to the Administration Building
f. Reduce accumulation of snow and ice on the northwest side of the Distribution
Building
g. Evaluate the concept of adding a 24" waterline between the new point of entry and
the music school, and if selected by City design this waterline segment.
0. PHASE 0 — PREDESIGN AND AS-BUILTS
0.1. TASK 1 — PROJECT SCOPING AND IMPLEMENTATION
A. Kickoff Meeting
GARVER will prepare for and conduct a project kickoff meeting with the Owner and up to five
(5) GARVER staff. The kickoff meeting will include the following:
Exhibit A - Scope of Services Page 2 of 13 22W23060 - Aspen WTF Improvements
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GARVER
(a) Prepare and present a request for information to the Owner prior to the project kickoff
meeting.
(b) Perform a site visit immediately following the kickoff meeting. The site walk will be used to
denote any major deficiencies at the WTF and to develop recommendations for
modifications, upgrades, and/or additions to the plant.
(c) Prepare kickoff meeting minutes that document discussions and action items.
B. Project Management Plan
GARVER will develop a Project Management Plan (PMP) that details the project objectives,
deliverables, communication protocol, quality control and quality assurance (QA/QC) protocols,
schedule, documentation plan, permit plan, and work plan. The draft PMP will be submitted to
Owner for review during the kickoff meeting.
C. Task 1 Deliverables:
(a) Kickoff meeting minutes
(b) Draft PMP
0.2. TASK 2 — HISTORICAL RECORD REVIEW
A. Review of Historical Documentation
GARVER will research, collect, and review data and records collected during Task 1. Relevant
information from these records will be tabulated, organized, and/or documented as necessary
to inform the conceptual design in subsequent tasks. Records of interest for review include, but
are not limited to, the following:
(a) Previous master plans, studies, and reports
(b) Existing drawings
(c) Performance history for processes
(d) Equipment maintenance records and operations and maintenance (O&M) manuals
(e) Contractor submittals relevant to areas being rehabilitated
(f) Regulatory materials (e.g., record of approved waterworks, CDPHE permits)
(g) Existing surveys and autocad files from surrey
(h) Existing geotechnical evaluations of the WTP site
B. Hydraulic Profile Review
GARVER will develop a preliminary hydraulic profile based on the existing historical records.
This initial hydraulic grade line will be used to identify data gaps and create a list of requested
survey points to be collected during Task 3.
C. Electrical and Controls Audit
Two (2) members of GARVER'S electrical team and instrumentation and controls team will
conduct a one -day site visit to assess the following related to the WTFs electrical system and
controls:
(a) Adequacy of current electrical supply and backup generator capacity
(b) Consistency between on -site conditions and existing electrical documentation, including
verification of the locations and power sources of all distribution equipment and load
centers
(c) Code deficiencies
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WMER
(d) Condition of all MCCs
(e) Condition of PLC and SCADA equipment
(f) Quality of HMI graphics and screens
(g) Consistency between on -site conditions and existing control system documentation.
(h) Condition of WTF field instrumentation
(i) Levels of automation for process control.
Q) SCADA network architecture and ethernet hardware
(k) Condition of remote telemetry sites and communication
The outcomes of the electrical and controls audit will be documented in a brief memorandum.
D. Staff Interviews
Two (2) members of GARVER'S regional Colorado team will conduct a one -day site visit to
interview WTF staff regarding the scope of the potential improvements. GARVER will work with
the Owner to identify approximately six key staff for interviews. The goal of these interviews is
to review the potential improvements with staff and identify additional "pain points" across these
areas of the WTF that were not already described in the Request for Proposals.
The outcomes of these interviews will be documented in a brief memorandum.
E. Yard Piping and Electrical Field Verification Plan
GARVER will develop a yard piping and electrical verification plan based on the results of the
historical record review and the electrical and controls audit. This plan will outline pipe and
conduit locations that need to be verified as part of the survey in Task 3.
F. Preliminary Existing Conditions Model and Conceptual Site Layouts
GARVER will use the information gathered throughout this task to develop a preliminary three-
dimensional model of the existing structural, civil, and mechanical conditions at the site. This
model will be further refined in Tasks 3 and 4. The preliminary model will be presented as part
of Workshop 1A and finalized in Task 4.
G. Task 2 Deliverables:
(a) Draft Hydraulic Profile
(b) Electrical and Controls Audit Memorandum
(c) Aspen WTF Staff Interviews Memorandum
(d) Preliminary 3D Existing Conditions Model
0.3. TASK 3 — SURVEY AND FIELD LOCATES
A. Complete Survey
GARVER will provide field survey data for designing the project, and this survey will be tied to
the Owner's control network.
GARVER will conduct field surveys, utilizing radial topography methods, at intervals and for
distances at and/or along the project site as appropriate for modeling the existing ground, for
the entire plant property including buildings, asphalt, drive lanes, reservoir and outfalls.
GARVER will locate visible utilities as well as those underground utilities marked by their
owners and/or representatives, and any other pertinent topographic features that may be
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GARVER
present at and/or along the project site. GARVER will establish ten control points for use during
construction. The survey will also Include the points identified in the Hydraulic Profile Review
and the Yard Piping and Electrical Verification Plan developed as part of Task 2.
No subsurface utility engineering — defined as geophysical or ground -penetrating radar -based
utility designations — will be conducted. If necessary, GARVER will develop an RFI for a
designation plan to determine three-dimensional locations of yard piping and critical
infrastructure that can't be located by conventional means. This may also be completed through
hydroexcavation (provided by the City).
GARVER will present the completed survey points to the Owner during Workshop 1A as part
of the building information model.
B. Task 3 Deliverables:
(a) Designation Plan RFI
0.4. TASK 4 — DEVELOP DRAFT BASIS OF DESIGN AND AS BUILT BUILDING INFORMATION
MODEL
A. Design Criteria Tables
GARVER will develop tables outlining the design criteria relevant to the proposed
improvements. These criteria will include both regulatory parameters as wells as existing
physical conditions — collectively, these criteria comprise the numerical boundaries that will
govern future design work. The design criteria tables will be presented along with their
associate work packages in Workshop 1 B, 2, and 3.
B. Final Hydraulic Grade Line
GARVER will use the control points collected during Task 3 to revise and finalize the
preliminary hydraulic grade line developed in Task 2. This hydraulic profile, in addition to the
design criteria tables, will inform the conceptual, 30%, and detailed design phases.
GARVER will use the finalize hydraulic profile to determine the hydraulic capacity through the
plant and identify capacity shortfalls. If any capacity issues are identified, they will be presented
for discussion during Workshop 1A.
C. Final Existing Conditions Model
GARVER will use the survey points collected during Task 3 to revise the preliminary 3D building
information model developed in Task 2. After walking through the revised model during
Workshop 1A, GARVER will finalize the model with any Owner input.
D. Workshop 1A — Existing Conditions and Conceptual Design Initiation Workshop
GARVER will plan and host Workshop 1A — Existing Conditions and Conceptual Design
Initiation Workshop. This workshop will generally include the following agenda items:
(a) Review and update PMP to account for project changes and Owner feedback at workshop
1A
(b) Walk through the survey points and revised 3D existing conditions model to collect any
final revision or input from the Owner
(c) Review the finalized hydraulic profile and identified capacity limitations, if any
(d) Review results of electrical and controls audit
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(e) Present the proposed WTF improvements with initial design ideas based on the work
completed during Tasks 1-3. Compile feedback from the Owner on initial design concepts
and discuss Owner priorities. Facilitate brainstorming session to home in on the design
concepts that best fit the Owner's goals. Garver assumes up to three design concepts will
be developed for each work package and that the facilitated brainstorming session will last
up to 2 hours.
E. Task 4 Deliverables:
(a) Updated PMP
(b) Work Package Design Criteria Tables
(c) Final Hydraulic Profile
(d) Final 3D Existing Conditions Model
(e) Workshop 1A Meeting Minutes
1. PHASE 1 — AGILE CYCLE 1
1.1. TASK 1 — PACKAGE 6 — MEDIA FILTER IMPROVEMENTS
A. Concept Development
Based on the results of the design discussions during Workshop 1A, GARVER will assess the
Owner's preferred alternatives for improving the performance of the East and West Plant
filtration systems. This assessment may include qualitative and quantitative analyses of the
following:
(a) Replacing the existing surface wash system with an air scour system
(a) Replacing the existing underdrains with lower -profile models
(b) Options for locating the potential air scour piping and blowers
GARVER will present its design concepts for Package 5 during Workshop 1 B for Owner
feedback.
B. Package 6 DIM
After Workshop 1 B, GARVER will prepare a draft DIM documenting the Package 6 conceptual
design. The Package 6 DIM will generally include the following:
(a) Design criteria
(a) Descriptions of the alternatives considered and the recommended improvements
(b) Exhibits showing preliminary process layouts and site plans, if applicable
(c) A -30% to +50% OPCC
GARVER will review the draft Package 6 DIM with the Owner during Workshop 2. Any final
comments will be incorporated and the Package 6 DIM will be finalized during Workshop 3.
C. Task Deliverables:
(a) Draft Package 6 DIM for review in Workshop 2
(b) Final Package 6 DIM for provided in Workshop 3
1.2. TASK 2 — WORKSHOP 1 B
A. Workshop 1 B
Exhibit A - Scope of Services Page 6 of 13 22W23060 - Aspen WTF Improvements
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GAIFiVER
GARVER will plan and host Workshop 1 B — Focused Technical Discussion of Electrical,
Controls, and East Plant Flocculation and Sedimentation Improvements. This workshop will
generally include the following agenda items-
(a) Present and discuss conceptual design for filtration system improvements
B. Task Deliverables:
(a) Workshop 1 B Meeting Minutes
2. PHASE 2 —AGILE CYCLE 2
2.1. TASK 1 — PACKAGE 1 — ELECTRICAL AND SCADA CONCEPTUAL DESIGN
A. Draft Electrical One Lines and Plan Drawings
Based on the results of the Electrical and Controls Audit and the design discussions during
Workshop 1A and 1B, GARVER will develop draft one lines, plan drawings, and SCADA
architecture drawings reflecting the current conditions and proposed improvements to the
WTF's electrical and controls systems. These will be submitted before Workshop 2.
B. Package 1 DIM
After Workshop 2, GARVER will prepare a draft Design Information Memo (DIM) documenting
the Package 1 conceptual design. The Package 1 DIM will generally include the following:
(a) Design criteria for the electrical system, including load estimates and sizing for the backup
generator
(b) Descriptions of any improvements to electrical service and distribution at the WTF
(c) Proposed electrical service layout
(d) Proposed SCADA system architecture
(e) Proposed PLC platform recommendation
(f) Recommended coordination with City cybersecurity staff
(g) Draft design approach for remote site communication
(h) An opinion of probable construction cost (OPCC) for the proposed improvements within -
30% to +50% accuracy range of expected construction cost
GARVER will review the draft Package 1 DIM with the Owner during Workshop 3. Any final
comments will be incorporated and the Package 1 DIM will be finalized in Workshop 4.
C. Task Deliverables:
(a) Draft electrical one lines
(b) Draft electrical plan drawings
(c) Draft SCADA architecture
(d) Electrical and SCADA equipment selection and cut sheets
(e) Draft Package 1 DIM for review in Workshop 3
(f) Final Package 1 DIM for review in Workshop 4
2.2. TASK 2 — PACKAGE 2 — EAST PLANT FLOCCULATION/SEDIMENTATION
IMPROVEMENTS CONCEPTUAL DESIGN
A. Concept Development
Based on the results of the design discussions during Workshop 1A, GARVER will assess the
Owner's preferred alternatives for improving access to the sedimentation basins and
Exhibit A - Scope of Services Page 7 of 13 22W23060 - Aspen WTF Improvements
DocuSign Envelope ID: 47349AC4-OOBE-4137-B44E-2C56D67BO9CB
CARVER
maximizing the loading capacity of the existing basins. This assessment may include qualitative
and quantitative analyses of the following:
(a) Comparisons between conceptual design alternatives for improving basin access (e.g.,
removing the deck above the existing basin versus structural modifications to the
Administration Building or Administration Building relocation)
(b) Replacing the existing tube settlers with plate settlers
(c) Potential addition of a third flocculation basin
(d) Comparison of plate settler installation requirements as a function of access
GARVER will present its design concepts for Package 2 during Workshop 2 for Owner
feedback.
B. Package 2 DIM.
After Workshop 2, GARVER will prepare a draft DIM documenting the Package 2 conceptual
design. The Package 2 DIM will generally include the following:
(e) Design criteria
(f) Descriptions of the alternatives considered and the recommended improvements
(g) Exhibits showing preliminary process layouts and site plans, if applicable
(h) A -30% to +50% OPCC
GARVER will review the draft Package 2 DIM with the Owner during Workshop 3. Any final
comments will be incorporated and the Package 2 DIM will be finalized after Workshop 4.
C. Task Deliverables:
(i) Draft Package 2 DIM for review in Workshop 3
Q) Final Package 2 DIM for review in Workshop 4
2.3. TASK 3 — PACKAGE 3 — WEST PLANT FLOCCULATION AND SEDIMENTATION
IMPROVEMENTS CONCEPTUAL DESIGN
A. Concept Development
Based on the results of the design discussions during Workshop 1A, GARVER will assess the
Owner's preferred alternatives for improving the performance and flow control of the West Plant
flocculation and sedimentation systems. This assessment may include qualitative and
quantitative analyses of the following:
(k) Replacing existing gate valves with modern, SCADA-enabled flow control valves
a. Building a new flow control vault to house flow control valves
b. Locating flow control valves in another area of the WTF
(1) Evaluate possibility of installing in -line mixing in the existing raw water vault
(m) Housing in -line mixing in the potential new flow control vault
(n) Reviewing vendor -supplied jar testing data or conducting engineer -led jar testing to
optimize chemical use, characterize effects of chemical dispersion on flocculation, and
provide design criteria for in -line mixing design.
GARVER will present its design concepts for Package 3 during Workshop 2 for Owner
feedback.
B. Package 3 DIM
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GARVER
After Workshop 2, GARVER will prepare a draft DIM documenting the Package 3 conceptual
design. The Package 3 DIM will generally include the following:
(a) Design criteria
(b) Descriptions of the alternatives considered and the recommended improvements
(c) Exhibits showing preliminary process layouts and site plans, if applicable
(d) A -30% to +50% OPCC
GARVER will review the draft Package 3 DIM with the Owner during Workshop 3. Any final
comments will be incorporated and the Package 3 DIM will be finalized after Workshop 4.
C. Task Deliverables:
(a) Draft Package 3 DIM for review in Workshop 3
2.4. TASK 2 — PACKAGE 4 — CENTRALIZED CHEMICAL FEED BUILDING CONCEPTUAL
DESIGN
A. Concept Development
Based on the results of the design discussions during Workshop 1A, GARVER will assess the
Owner's preferred alternatives for removing and replacing the existing chemical feed building.
This assessment may include qualitative and quantitative analyses of the following:
(b) Siting options for the new chemical storage, feed, and mixing building
(c) Plans for bulk chemical delivery, particularly during winter months
(d) Storage volume requirements
(e) Plans for ensuring operator safety and chemical compatibility in enclosed spaces
GARVER will present its design concepts for Package 3 during Workshop 2 for Owner
feedback.
B. Package 4 DIM
After Workshop 2, GARVER will prepare a draft DIM documenting the Package 4 conceptual
design. The Package 4 DIM will generally include the following:
(f) Design criteria
(g) Descriptions of the alternatives considered and the recommended improvements
(h) Exhibits showing preliminary process layouts and site plans, if applicable
(i) A -30% to +50% OPCC
GARVER will review the draft Package 4 DIM with the Owner during Workshop 3. Any final
comments will be incorporated and the Package 4 DIM will be finalized after Workshop 4.
C. Task Deliverables:
(a) Draft Package 4 DIM for review in Workshop 3
2.5. TASK 3 — WORKSHOP 2
A. Workshop 2
GARVER will plan and host Workshop 2 — Focused Technical Discussion of Chemical Storage
and West Plant Flocculation and Sedimentation Improvements. This workshop will generally
include the following agenda items:
(b) Present and discuss conceptual design for the new chemical storage building
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(c) Present and discuss conceptual design for flow control improvements to the West Plant
flocculation and sedimentation system
(d) Present and discuss conceptual design for site -wide electrical improvements
(e) Present and discuss conceptual design for controls and SCADA improvements
(f) Present and discuss conceptual design alternatives for improvements to the East Plant
flocculation and sedimentation basins
(g) Review draft Package 1 DIM and collect final Owner comments
(h) Review draft Package 2 DIM and collect final Owner comments
B. Task 3 Deliverables:
(i) Workshop 2 Meeting Minutes
3. PHASE 3 —AGILE CYCLE 3
3.1. TASK 1 — PACKAGE 5— BACKWASH POND AND SOLIDS IMPROVEMENTS CONCEPTUAL
DESIGN
A. Concept Development
Based on the results of the design discussions during Workshop 1A, GARVER will assess the
Owner's preferred alternatives for optimizing the backwash pond and residuals handling
system. This assessment may include qualitative and quantitative analyses of the following:
(a) Comparison between optimizing the existing pond versus building a second pond
(b) Option to build a residuals handling building and adding mechanical dewatering capabilities
(c) Adding a holding tank for sedimentation basin solids
GARVER will present its design concepts for Package 5 during Workshop 3 for Owner
feedback.
B. Package 4 DIM
After Workshop 3, GARVER will prepare a draft DIM documenting the Package 5 conceptual
design. The Package 5 DIM will generally include the following:
(d) Design criteria
(e) Descriptions of the alternatives considered and the recommended improvements
(f) Exhibits showing preliminary process layouts and site plans, if applicable
(g) A -30% to +50% OPCC
GARVER will review the draft Package 5 DIM with the Owner during Workshop 4. Any final
comments will be incorporated and the Package 3 DIM will be finalized via remote meeting with
Owner between Workshops 4 and 5.
C. Task Deliverables:
(h) Draft Package 5 DIM for review in Workshop 4
3.2. TASK 3 — PACKAGE 7 — EXTERIOR BUILDING AND SITE IMPROVEMENTS
A. Plan Development
Based on the results of the design discussions during Workshop 1A, GARVER will assess the
Owner's priorities for exterior improvements at the WTF. GARVER will present a
comprehensive list of proposed paving, grading, and building improvements to the Owner
during Workshop 3.
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B. Package 7 DIM
After Workshop 3, GARVER will prepare a draft DIM documenting the Package 7 conceptual
design. The Package 7 DIM will generally include the following:
(a) Descriptions of the recommended improvements
(b) A -30% to +50% OPCC
GARVER will review the draft Package 7 DIM with the Owner during Workshop 4. Any final
comments will be incorporated and the Package 7 DIM will be finalized via remote meeting with
Owner between Workshops 4 and 5.
C. Task Deliverables:
(c) Draft Package 7 DIM for review in Workshop 4
3.3. TASK 4 — WORKSHOP 3
A. Workshop 3
GARVER will plan and host Workshop 3 — Focused Technical Discussion of Backwash Ponds,
Media Filter, and Exterior Building and Site Improvements. This workshop will generally include
the following agenda items:
(a) Present and discuss conceptual design for the backwash pond and residual handling
optimization
(b) Present and discuss the proposed exterior building and site rehabilitation plans
(c) Review draft Package 3 DIM and collect final Owner comments
(d) Review draft Package 4 DIM and collect final Owner comments
B. Task Deliverables:
(a) Workshop 3 Meeting Minutes
3.4. TASK 5 — WORKSHOP 4
A. Workshop 4
GARVER will plan and host Workshop 4 — Review of Package 5-7 DIMs. This workshop will
generally include the following agenda items:
(a) Review draft Package 5 DIM and collect final Owner comments
(b) Review draft Package 6 DIM and collect final Owner comments
(c) Review draft Package 7 DIM and collect final Owner comments
B. Task 14 Deliverables:
(a) Workshop 4 Meeting Minutes
(b) Basis of Design Submittal consisting of Package 1-7 DIM's compiled together with an
executive summary and updated project schedule and PMP
a. DIMs will include some alternatives with analysis where further investigation is
needed before finalizing design decisions. Final design decisions will be made
during Preliminary design and incorporated into the PER as Future Work.
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GARV EFi
4. PHASE 4 — PROJECT MANAGEMENT AND PERMITTING SUPPORT
4.1. TASK 1 — PROJECT MANAGEMENT
GARVER will provide ongoing project management, including but not limited to the following:
(a) Coordinating with internal team members, subcontractors, and the Owner during planning
stages
(b) Conducting internal reviews including QA/QC comments of deliverables with the comments
incorporated prior to delivery to Owner
(c) Providing project planning and scheduling including meeting with Owner as required to
coordinate the planning and scheduling tasks of the project
(d) Providing the Owner with monthly project status reports including progress on work tasks
and schedule throughout the project
(e) Submitting to the Owner detailed monthly invoices
4.2. TASK 2 — PERMITTING SUPPORT
GARVER will provide ongoing permit support during the project. Work anticipated during conceptual
design include:
(a) Developing a permit management plan under Phase 1 Task 1
(b) Updating permit management plan at every Workshop
(c) Assisting Utilities Department Staff in educating and informing other City Departments and
Council on the upcoming project and need for landscape and grading permits, special use
permits, or other city and county level permits.
(d) Initiate informal discussions with CDPHE policy staff, such as the lead drinking water engineer,
to guide project development and prioritize approach to design activities with compliance
impacts.
(e) Code compliance reviews will be completed internally by GARVER for each DIM where
proposed improvements are reviewed for compliance with City of Aspen Standards and
Policies, CDPHE Design Criteria, Adopted IBC and NFPA codes, and other relevant codes and
standards.
(f) We assume that no permit applications will be developed under this Phase of Work. Permit
applications will be completed under Future Services.
CONTRACT GATEWAY - FUTURE SERVICES TO BE APPROVED FOR PROJECT COMPLETION
WILL BE NEGOTIATED BASED ON THE SCOPE OF DESIGN PROJECTS APPROVED BY THE
CITY IN A FUTURE CONTRACT AMENDMENT
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5. SCHEDULE
GARVER shall begin work under this Agreement within ten (10) days of a Notice to Proceed. An
estimated schedule is shown below but these dates are not binding. The project schedule will be
updated at the kickoff meeting and updated subject to City approval at any project milestone or contract
gateways.
Phase Description
Calendar Days
Estimated Date
Notice to Proceed
0
07/11/2023
Kickoff Meeting
7 days from Notice to Proceed for
07/18/2023
Current Scope
Predesign and As-Builts
50 days from Notice to Proceed for
08/30/2023
Current Scope
Agile Cycle 1
100 days from Notice to Proceed for
10/19/2023
Current Scope
Agile Cycle 2
125 days from Notice to Proceed for
11/13/2023
Current Scope
Agile Cycle 3
40 Days from Agile Cycle 2
12/23/2023
Workshop 4 /
Recommendations for
39 Days from Agile Cycle 3
01/31/2024
Detailed Design
City issue Notice to Proceed
30 Days from Completion of Work
03/02/2024
for Detailed Desiqn
S. FEE
Garver will complete work to the contract gateway for $890,310. The future work is estimated at
$1,813,594 but may vary based on design priorities set by the City during the initial phase of work. A
summary of GARVER'S fee is shown below:
Current Scope
Fee
PHASE 0 - PREDESIGN AND AS-BUILTS
$
211,504
PHASE 1 - AGILE CYCLE 1
$
191,945
PHASE 2 - AGILE CYCLE 2
$
243,993
PHASE 3 - AGILE CYCLE 3
$
152,566
PHASE 4 - ADDITIONAL SERVICES DURING CONCEPTUAL DESIGN
$
84,898
REIMBURSABLE EXPENSES DURING CONCEPTUAL DESIGN
Subtotal for Current Scope
$
4,620
$
889,526
Exhibit A - Scope of Services Page 13 of 13 22W23060 - Aspen WTF Improvements
DocuSign Envelope ID: 47349AC4-OOBE-4137-B44E-2C56D67B09CB
GARVER
Exhibit B
City of Aspen
2022-265 Design of Water Treatment Facility Campus Improvements
Garver Hourly Rate Schedule: July 2023 - June 2024
Classification
Rates
Engineers / Architects
E-1
$ 130.00
E-2
$ 150.00
E-3
$ 180.00
E-4
$ 203.00
E-5
$ 247.00
E-6
$ 304.00
E-7
$ 422.00
Planners
P-1
$
157.00
P-2
$
196.00
P-3
$
244.00
P-4
$
273.00
P-5
$
308.00
Designers
D-1
$ 118.00
D-2
$ 140.00
D-3
$ 156.00
D-4
$ 193.00
Technicians
T-1 $ 95.00
T-2 $ 118.00
T-3 $ 145.00
T-4 $ 182.00
Surveyors
S-1
$ 58.00
S-2
$ 85.00
S-3
$ 105.00
S-4
$ 151.00
S-5
$ 191.00
S-6
$ 218.00
2-Man Crew (Survey)
$ 225.00
3-Man Crew (Survey)
$ 282.00
2-Man Crew (GPS Survey)
$ 245.00
3-Man Crew (GPS Survey)
$ 302.00
Construction Observation
C-1
$ 112.00
C-2
$ 140.00
C-3
$ 171.00
C-4
$ 221.00
C-5
$ 259.00
Agreement for Professional Services
City of Aspen Design of Water Treatment Facility Improvements - 2022-265
Classification
Rates
Resource Specialists
RS-1
$ 104.00
RS-2
$ 137.00
RS-3
$ 194.00
RS-4
$ 268.00
RS-5
$ 335.00
RS-6
$ 411.00
RS-7
$ 460.00
Environmental Specialists
ES-1
$ 104.00
ES-2
$ 131.00
ES-3
$ 168.00
ES-4
$ 198.00
ES-5
$ 248.00
ES-6
$ 318.00
ES-7
$ 398.00
ES-8
$ 450.00
Project Controls
PC-1
$ 106.00
PC-2
$ 140.00
PC-3
$ 178.00
PC-4
$ 229.00
PC-5
$ 280.00
PC-6
$ 361.00
PC-7
$ 454.00
Administration / Management
AM-1
$ 75.00
AM-2
$ 96.00
AM-3
$ 134.00
AM-4
$ 171.00
AM-5
$ 209.00
AM-6
$ 272.00
AM-7
$ 320.00
M-1
$ 510.00
Garver Project No. 22W23060