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HomeMy WebLinkAboutresolution.council.089-18 RESOLUTION #89 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND IRRIGATION ANALYSIS 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 Irrigation Efficiency Assessments and Retrofits between the City of Aspen and Irrigation Ahalysis, 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 irrigation efficiency assessments and retrofits between the City of Aspen and Irrigation Analysis 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 11 th day of June 2018. . c, Steven S adron, Mayor I, Linda Manning, duly appointed and acting Ci 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, June I Ith, 2018. Linda Manning, City Cl rk CITY OF ASPEN STANDARD FORM OF AGREEMENT V2009 CITY OFASPEN PROFESSIONAL SERVICES City of Aspen Contract No.: 2018-047. AGREEMENT made as of 291h day of May, in the year 2018. BETWEEN the City: Contract Amount: The City of Aspen c/o Environmental Health 130 South Galena Street Total: $35,000.00 Aspen, Colorado 81611 Phone: (970) 920-5079 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Irrigation Analysis Council of the City of Aspen. C/o Doug Smith 9499 High Cliffe Street City Council Approval: Highlands Ranch, CO 80129 Phone: 303-471-7377 Date: Resolution No.: For the Following Project: Irrigation Efficiency Assessments and Retrofits Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Fee Schedule. . The City and Professional agree as set forth below. Agreement Professional Services Page 0 1. 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 December 15. 2018. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds,and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not,except for reasonable cause,be exceeded by the Professional. 3. Payment. In consideration of the work performed,City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit B appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts,errors,omissions or neglect of any subcontractors' officers,agents and employees,each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any 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 Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. Agreement Professional Services Page I 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent . or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, 'servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or-in part by, the wrongful act, omission, error,professional error,mistake,negligence, or other fault of the Professional,any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or.of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers,or employees. 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. Agreement Professional Services Page 2 (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In'the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation ' insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of 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 TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined .single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles,the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (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. Agreement Professional Services Page 3 (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty(30)days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive 'by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended,or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. Agreement Professional Services Page 4 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence)to execute the same. 16. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following 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: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and Agreement Professional Services Page 5 (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employmentin 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 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. Agreement Professional Services Page 6 (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) . If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 16. Warranties Aeainst 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 or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; Agreement Professional Services Page 7 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) .. The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either 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 ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. 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. Agreement Professional Services Page 8 CITY OF ASPEN,COLORADO: PROFESSIONAL: [Signanue] [Sigiawel By: By: Douce [Namcl [N=cl Title: Title: Owner Date: Date: May 31,2018 Approved as to form: ily Attorney's Office Agreement Professional Services Page 9 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Detailed description of irrigation assessment approach The Irrigation System Evaluation and Assessment involves in depth information gathering and analysis of site specific irrigation system data including: system functionality and the readily discernable irrigation and landscape factors. We then will provide a detailed system report with specific water conserving recommendations and priorities to improve imgation system efficiency and reduce overall irrigation water usage. Irrigation Analysis will provide a cost estimate for the recommended repairs and system efficiency upgrades. We will observe every station in operation, note any visible inefficiencies and make zone by zone recommendations for water conservation improvements. An expected Return On Investment(ROI) will be determined and included based on past water usage, expected water savings and the cost of the recommended water saving improvements and upgrades for each HOA or City property. We will also collect the current programming and scheduling information at the time of our inspection. Irrigation Analysis will not make any system adjustments or change any controller programming and will advise the customer and/or manager if any immediate issues or concerns arise or are found during our work. This is a full system inspection and evaluation of irrigation zones that operate from the controller(s), there is no guessing, extrapolating, or partial sampling of the subject irrigation systems. Drip irrigation zones will be checked for any obvious issues,but typically cannot be inspected in detail due to their subsurface nature. A base schedule and precipitation rates for each zone will be calculated and provided to the City of Aspen. Inclusions: • Site visits as necessary to collect data on existing irrigation system. • The operation and inspection of every station on every controller. • General overview of system condition • Recommended system improvement • A detailed spreadsheet style report of every station and controller with the recommended improvements and associated costs, including but not limited to: ✓ Leaks and Breaks including heads and nozzles ✓ Overspray ✓ Poor coverage ✓ Low head drainage ✓ Nozzle and sprinkler conditions Agreement Professional Services Page 10 ✓ Controller and sensor observations ✓ Estimated cost of upgrades • Various site photos depicting typical conditions found as well as specific problems. • Additional water savings opportunities as/if appropriate • Create Zone Maps for all known/found/operating controllers and stations. (Additional if desired on large users. • Historical and future water use projections. • Return on investment (ROI)calculation, if requested. Residential Program Setup: • Collaborate with City of Aspen to create a Residential Light Irrigation Audit informational flyer or electronic piece. City of Aspen to produce the final piece(s). • Create a Customer Light Irrigation Evaluation informational piece. • Create and set up the City of Aspen Residential Light Audit Report Template • Create or source and provide the Recommendations Explanations and "How to's"for typical Irrigation Efficiency Recommendations for use by the customer. • Create and setup a Resource Sheet: Description of what generally to buy and what not to buy, Listing of nearby Suppliers, and Sources for Additional Water Efficiency and Savings Information. • Create a Call to Action Page and list Next Steps to Saving Water. • Above information/work product to be reviewed and approved by City of Aspen prior to delivery to City of Aspen water customer. Customer Evaluations and Reports: • Schedule the Irrigation System Evaluation with the customer when notified by City of Aspen and provided with customer contact information. • Perform the scheduled Light System Evaluation on the date scheduled. • Create the Customer Light Evaluation Report • Provide the Customer and City of Aspen with the Light Evaluation report and supporting documents (see above). Program Synopsis: • At the end of the season,provide a brief recap of the Program including: how the program was received and any feedback that was provided by customers, what seemed to work and what, if anything did not work and/or needs improvement, ideas for next season, etc. • Meet with City of Aspen to review/discuss the Residential Evaluation Program Please let us know if you have any questions or concerns with these and know that we will work out the finer details of each in a pre-project meetings) with those involved from the City of Aspen. Agreement Professional Services Page I I Scheduling: Scheduling will be based on demand from the Residential/Residents and Large Property owner/manager and scheduled with the appropriate City Parks and other staff. As outlined in the RFP, Irrigation Analysis will reach out directly to some of the high use residential users to try to schedule assessments with/for them. We will need the City's support, contact information and water use data for these customers/properties/locations. We would expect that the City will help to drive customers into the Saving Aspen Water program too via word of mouth,billing ads/inserts, newspaper articles, interviews, outreach, etc. Irrigation Analysis will help'and contribute to the City's marketing effort as needed and appropriate. IA is not specifically taking responsibility for filling our schedule though we will support and help to do SO. General Scheduling Requests will be via website, email, or voicemail request and available 24 hours per day. IA will contact the customers to schedule and confirm the specific appointments. At this point, we are planning to cluster schedule our assessment and any other work, most likely we will be trying to pre-schedule sets of mid-week days each month, June- September. We will discuss scheduling dates with the City of Aspen. Most of the work will be performed Monday-Friday, between lam and 5pm unless otherwise agreed to. Onsite. Field Assessments: Once scheduled, the assigned IA staff will communicate with the property owner, manager, or City contact for each site and then conduct/perform the Assessment and Data Collection. We will attempt to automatically operate every known and active irrigation zone on each system. We will note any non-working zones, however the task of troubleshooting non-operable zones in not in this scope of work. Non-operational zones and drip zones will count towards the total of zones audited. Drip zones will be checked for indication of leaks and water waste, but their exact condition or function can often not be confirmed. We will immediately notify the contact of any active leaks or water loss or other major issues, so they can attend to the item/issue promptly. These items will still be noted'in our report. We will provide the Residential customers with a Residential Irrigation Assessment— FAQ/Information Page: What to expect so that they can easily understand the program. We will discuss the process and water smart tips with the Homeowners at the initial site visit, however, due to the scheduling of other evaluations it is difficult to spend a lot of extra time during the assessment to explain everything or to answer a lot of extra questions. We will follow up with any additional questions following delivery of the report. Large Users and City Properties will be coordinated, but are not expected to need the Assessment explanation. The scheduling for this will be done directly with the managing contact. The systems must be pressurized, operational, and access at the scheduled time to Agreement Professional Services Page 12 the irrigation controllers. We will need system access password and login and/or wi-fi login information for Smart Controllers. Catch Cup Audits or Distribution Uniformity(DU) calculations are not anticipated or included in this scope of work. Though we could provide these if desired. The catch cup audits are time consuming and fairly tedious to perform and though they look impressive and technical (which they are), they don't identify the irrigation inefficiency issues,only the areas with poor coverage. IA will check controller programming, but will not change any controller programming unless specifically requested by the customer or City. Controller programming is not currently in IA's primary task/scope: this is the ongoing responsibility of the controllers' owner or operator and we/IA cannot be held responsible for any controller programming, issues, or changes. This being stated and understood, IA can do some simple, basic re-programming of controllers if requested. Reports: Each of these will all share similar aspects: report on our findings from running through each irrigation system and recommendations for Irrigation Efficiency Improvements, if needed. We will rank/rate the Overall System Condition and relative System Efficiency. System Mapping is available, but not included at this time. Residential: These are intended to be short, simple, easy to understand reports geared toward residents and their property manager/staff to utilize to save water. Specific system efficiency recommendations will be provided. These will be delivered as soon as possible and within 14 days of the Assessment. Large Property: These reports will provide the same information as the Residential Reports,but will be much larger, more detailed, and comprehensive for understanding and use by multiple stakeholders: owners, property managers, irrigation system managers, residents, etc. System Mapping is recommended for larger systems, but not included at this time. It is possible that larger residential systems may qualify for the Large Property Assessment format. City Parks and other Properties: An overall summary report will be provided for these, but site specific detail and information will be provided too. We are trying to be meaningful, efficient, and non-redundant in providing useable, actionable system and efficiency information and recommendations. A Year End Summary Report(s) will be provided to the City of Aspen for each of these Assessment groups. Follow-up: Agreement Professional Services Page 13 In addition to the Year End Summary Report, IA will be available to answer follow up Questions. Agreement Professional Services Page 14 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule 5.1. Residential • Preferred: Content for use in targeted and community wide outreach to foster participation • Preferred: Directly outreach (phone or email) to up to 20 potential community participants(residential or HOA) • Required: Participant enrollment services through email, phone, and/or online platform. The three tasks listed above are all included in the Residential Outreach & Enrollment Program Setup fee of$850 Preferred: Regular irrigation controller scheduling recommendations for the Aspen area Irrigation Analysis will research and prepare weekly watering schedules based on actual and forecasted weather data in the Aspen area. This information will be published in a newsletter type format that would be emailed to participants and will include Smart Watering tips and recommended watering guidelines. Fee for program set up and execution $3,495 Required: Residential Assessments: Cost per irrigation zone Evaluations with Reports for up to 10 stations/zones: $255 each plus $7 for every additional station/zone beyond the included 10 zones. This task is priced as a minimum of 10 stations to cover costs and expenses for the scheduling, complete evaluation and report, and follow up. E.g. a property with only 2 zones could not be done on a per zone basis of$25.50 each zone for$51 total. Required Residential Installations Cost per installed rain sensor There are numerous rain sensors available, both wired and wireless. We do not have a particular preference, however have found that the Rain Bird wireless rain freeze sensor is well received from end users for the visual interface display. Rain Bird WR2RFC Wireless Rain Sensor installed $198 Wi-Fi controller There are many Wi-Fi controllers available in the marketplace today. Irrigation Analysis has experience with a majority of them and based on this experience, the Agreement Professional Services Page 15 following controllers are recommended for this installation. The recommended Wi-Fi controller is Rain Bird ESP-Series with LNK module. Rain Bird ESP-TM2 w LNK Wi-Fi —8 station controller installed $382 Rain Bird ESP-TM2 w LNK Wi-Fi— 12 station controller installed $517 Rain Bird ESP-Me w LNK Wi-Fi— 16 station controller installed $589 Alternatively, another good Wi-Fi controller option is the HydroRain B-Hyve HRC400 which is available in two station configurations: 8 station and 16 station. 9 HydroRain B-Hyve HRC400—8 station controller installed $270 HydroRain B-Hyve HRC400— 16 station controller installed $310 These controllers offer a physical user interface on the controller for programming access in addition to the smartphone or tablet app. Also, please note that there are currently no Wi-Fi based controllers in the residential market that supports flow sensing, as per the City of Aspen Water Efficient Landscaping Standards. If other brands or models are desired, please provide the features needed for more accurate pricing. Pricing will be adjusted for controllers requiring more than 16 stations. Cost per installed high efficiency irrigation head The cost for this item varies widely depending on the type and manufacturer of the head and nozzle. Based on our experience with the City of Aspen retrofits, we are making the assumption that this line item is relating to the replacement of the nozzles onto existing heads. If this is not the case, please provide detailed requirements for the features required for the head replacements for accurate pricing. The pricing below includes a high efficiency nozzle, installation and adjustments.No sprinkler body(head) is included. Rain Bird HE-VAN Spray Nozzle- 5-15' radius $5.09 Toro Precision Spray Nozzle- 5-15' radius $7.88 Rain Bird R-VAN Rotary Spray Nozzle - 8'-24'radius $11.65 Hunter MP Rotator Rotary Spray Nozzle - 14-35' radius. $13.90 Required: HOA Installations Cost per installed rain sensor There are numerous rain sensors available,both wired and wireless. We do not have a particular preference, however have found that the Rain Bird wireless rain freeze sensor is well received from end users for the visual interface display. Rain Bird WR2RFC Wireless Rain Sensor installed $198 Agreement Professional Services Page 16 Cost per installed Wi-Fi controller There are many Wi-Fi controllers available in the marketplace today. Irrigation Analysis has experience with a majority of them and based on this experience, the following controllers are recommended for this installation. The recommended Wi-Fi controller for this is the Rain Bird ESP-Series with LNK module. Rain Bird ESP-TM2 w LNK Wi-Fi—8 station controller installed $382 Rain Bird ESP-TM2 w LNK Wi-Fi — 12 station controller installed $517 Rain Bird ESP-Me w LNK Wi-Fi— 16 station controller installed $589 Alternatively, another good Wi-Fi controller option is the HydroRain B-Hyve HRC400 which is available in two station configurations: 8 station and 16 station. HydroRain B-Hyve HRC400—8 station controller installed $270 HydroRain B-Hyve HRC400— 16 station controller installed $310 These controllers offer a physical user interface on the controller for programming access in addition to the smartphone or tablet app. Also,please note that there are currently no Wi- Fi based controllers in the residential market that supports flow sensing, as per the City of Aspen Water Efficient Landscaping Standards. If other brands or models are desired, please provide the features needed for more accurate pricing. Pricing will be adjusted for controllers requiring more than 16 stations. Cost per installed high efficiency irrigation head The cost for this item varies widely depending on the type and manufacturer of the head and nozzle. Based on our experience with the City of Aspen retrofits, we are making the assumption that this line item is relating to the replacement of the nozzles onto existing heads. If this is not the case,please provide detailed requirements for the features required for the head replacements for accurate pricing. The pricing below includes a high efficiency nozzle, installation and adjustments. No sprinkler body(head) is included. Rain Bird HE-VAN Spray Nozzle- 5-15' radius $5.09 Toro Precision Spray Nozzle - 5-15' radius $7.88 Rain Bird R-VAN Rotary Spray Nozzle - 8'-24'radius $11.65 Hunter MP Rotator Rotary Spray Nozzle - 14-35'radius $13.90 City of Aspen Parks Required: City of Aspen parks assessments: Cost per irrigation Zone Pricing per site/location Number of Stations First 48 Stations ** Next 48 Stations Over 96 Stations Cost per station $58 $52 $48 Agreement Professional Services Page 17 Example: A property with 51 stations would be billed at 24 stations @ $58, 24 stations @ $52 and 3 additional stations @$48 for a total of$2,784 for the site. ($54.58 average per station) **Minimum$I,000 per Audit There is a$1,000 minimum for auditing per round of audits or visit for project work due to travel, mobilization, and per diem expenses. Additional Required Tasks Required: Follow up to community participants A follow up email to each residential participant will be sent within 30 days following the delivery of the initial irrigation evaluation report. The email will be in a questionnaire type format to understand the overall satisfaction of the homeowner or manager regarding the evaluation process and the comfort level operating the system. Additional opportunity will be provided to ask questions and or provide comments. No Charge. Required: Reports provided to City of Aspen on overall results, findings, trends, recommendations etc. with in-person review of reports with City of Aspen staff Overall Program Summary/Synopsis— Preparation of Final Report and Meeting: $640 Agreement Professional Services Page 18