HomeMy WebLinkAbout335264 AQUACRAFT INC - CONTRACT - RFP - P1048 WATER CONSERVATION PLANPROFESSIONAL SERVICES AGREEMENT,
THIS AGREEMENT made and entered into the day and year set forth below, by
and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation,
hereinafter referred to as the "City" and Aquacraft Inc., hereinafter referred to as
"Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is
agreed by and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in
accordance with the scope of services attached hereto as Exhibit "A", consisting of three
(3) pages, and incorporated herein by this reference.
2. The Work Schedule. (Optional] The services to be performed pursuant
to this Agreement shall be performed in accordance with the Work Schedule attached
hereto as Exhibit "B", consisting of one (1) page, and incorporated herein by this
reference.
3. Contract Period. This Agreement shall commence December 12, 2006,
and shall continue in full force and effect until December 12, 2007, unless sooner
terminated as herein provided. In addition, at the option of the City, the Agreement may
be extended for additional one year periods not to exceed four (4) additional one year
periods. Renewals and pricing changes shall be negotiated by and agreed to by both
parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning
and Budget Office will be used as a guide. . Written notice of renewal shall be provided
to the Service Provider and mailed no later than ninety (90) days prior to contract end.
conservation scenario will be tabulated for easy comparison between options. Where
intangible external benefits (or costs) exist, these will be described so that the City can
include these factors in the decision making process. Modeling results will be presented to
the City. This information will be used to select conservation program options to include in
the Task 4 conservation plan.
Task 4 — Prepare Draft Conservation Plan with FCU Staff
Aquacraft will work closely with FCU staff to write the water conservation plan. This plan will
be a blueprint for conservation activities in Fort Collins in the coming years and will be
designed to meet the requirements of the CWCB.
The plan will cover all of the topics discussed in this proposal including:
• Baseline water use in Fort Collins
• Demand projections based on future growth projections
• Demand projections under different conservation scenarios
• Selection of water conservation measures and programs
• Benefit -cost analysis
• Conservation and drought response — understanding the linkages
• Other topics
The conservation plan will describe the scenario development process and will .explain why
certain measures were grouped into water management scenarios. The benefits and costs
of each scenario will be discussed along with information about program "intangibles" such
as drought preparedness and response.
The plan will make recommendations for the most appropriate conservation program based
on input from City staff, the water board, and other interested stakeholders. These will not
be consultant recommendations, but instead will reflect the consideration and input from
staff and stakeholders. The plan will also suggest reasonable and realistic demand
reduction targets that could be achieved through implementation of the plan. Aquacraft will
also assist in developing recommendations for ongoing monitoring of the impacts of the
conservation program once it is in place. Monitoring and verifying savings are crucial
components of reliable conservation planning.
Task 5 — On -Going Technical Support through Review and Approval Process
Aquacraft will be available to provide ongoing technical support to City staff as the
conservation plan moves through the review process. No work for this task is included in
Aquacraft's project budget. If Aquacraft's services are requested, they will be paid on a time
and materials basis.
Project Deliverables
Aquacraft will provide the following deliverables:
1. Integrated conservation model — CD containing the excel spreadsheet model and
all supporting files.
2. Draft water conservation plan — hard copy and electronic copy.
EXHIBIT B
Project Schedule
The schedule below is designed so that the plan will be completed by Aug. 3, 2007.
Duration
Start
Finish
Task 1
25 days
12/11/06
1/12/07
Task 2
25 days
1/15/07
2/16/07
Task 3
30 days
2/19/07
3/30/07
Task 4
30 days
4/2/07
5/11/07
Task 5
60 days
5/14/07
8/3/07
EXHIBIT C
Project Cost
The budget below shows a cost of $25,025 for Tasks 1-4, the scope of work included in this
contract. If FCU requests Aquacraft's help for Task 5, it will be paid on a time and materials
basis, up to $4,750.
Cost
Task 1
$2,525
Task 2
$7,300
Task 3
$5,700
Task 4
$9,500
TOTAL
$25,025
Task 5
(if requested)
Up to $4,750
Hourly Billing Rates:
William DeOreo, P.E.
Principal Engineer
$125
Peter Mayer, P.E.
Project Engineer
$95
Leslie Martien
Analyst
$65
Matt Hayden
Analyst
$65
4. Early Termination by City. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time without cause by providing
written notice of termination to the Professional. Such notice shall be delivered at least
fifteen (15) days prior to the termination date contained in said notice unless otherwise
agreed in writing by the parties.
All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
Professional: City: With Copy to,
Aquacraft, Inc. City of Fort Collins, Utilities City of Fort Collins, Purchasing
Attn: Peter Mayer Attn: Laurie D'Audney PO Box 580
2709 Pine St. 700 Wood St. Fort Collins, CO 80522
Boulder, CO 80302 Fort Collins, CO 80521
In the event of any such early termination by the City, the Professional shall be paid for
services rendered prior to the date of termination, subject only to the satisfactory
performance of the Professional's obligations under this Agreement. Such payment shall
be the Professional's sole right and remedy for such termination.
5. Design, Project Indemnity and Insurance Responsibility. The
Professional shall be responsible for the professional quality, technical accuracy, timely
completion and the coordination of all services rendered by the Professional, including
but not limited to designs, plans, reports, specifications, and drawings and shall, without
additional compensation, promptly remedy and correct any errors, omissions, or other
deficiencies. The Professional shall indemnify, save and hold harmless the City, its
officers and employees in accordance with Colorado law, from all damages whatsoever
claimed by third parties against the City; and for the City's costs and reasonable
attorneys fees, arising directly or indirectly out of the Professional's performance of any
of the services furnished under this Agreement. The Professional shall maintain
commercial general liability insurance in the amount of $500,000 combined single limits
and errors and omissions insurance in the amount of $ 1,000, 000.
6. Compensation. In consideration of the services to be performed
pursuant to this Agreement, the City agrees to pay Professional on a time and
reimbursable direct cost basis according to the following schedule:
Hourly billing rates:
William DeOreo, P.E. Principal Engineer $125
Peter Mayer, P.E. Project Engineer $ 95
Leslie Martien Analyst $ 65
Matt Hayden Analyst $ 65
Reimbursable direct costs: as billed
with maximum compensation (for both Professional's time and reimbursable direct costs)
for Tasks 1-4, not to exceed Twenty Five Thousand Twenty Five Dollars ($25,025), and
ongoing support services for Task 5, as requested, not to exceed Four Thousand Seven
Hundred Fifty Dollars ($4,750). Monthly partial payments based upon the Professional's
billings and itemized statements of reimbursable direct costs are permissible. The
amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant hereto and upon the City's
approval of the Professional's reimbursable direct costs. Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans,
reports, specifications, drawings and other services rendered by the Professional shall
become the sole property of the City.
6. City Representative. The City will designate, prior to commencement of
work, its project representative who shall make, within the scope of his or her authority,
all necessary and proper decisions with reference to the project. All requests for
contract interpretations, change orders, and other clarification or instruction shall be
directed to the City Representative.
7. Project Drawings. Upon conclusion of the project and before final
payment, the Professional shall provide the City with reproducible drawings of the
project containing accurate information on the project as constructed. Drawings shall be
of archival, prepared on stable mylar base material using a non -fading process to
provide for long storage and high quality reproduction. "CD" disc of the as -built
drawings shall also be submitted to the owner in and AutoCAD version no older then the
established city standard.
8. Monthly Report. Commencing thirty (30) days after the date of execution
of this Agreement and every thirty (30) days thereafter, Professional is required to
provide the City Representative with a written report of the status of the work with
respect to the Scope of Services, Work Schedule, and other material information.
Failure to provide any required monthly report may, at the option of the City, suspend the
processing of any partial payment request.
9. Independent Contractor. The services to be performed by Professional
are those of an independent contractor and not of an employee of the City of Fort
Collins. The City shall not be responsible for withholding any portion of Professional's
compensation hereunder for the payment of FICA, Workers' Compensation, other taxes
or benefits or for any other purpose.
10. Personal Services. It is understood that the City enters into this
Agreement based on the special abilities of the Professional and that this Agreement
shall be considered as an agreement for personal services. Accordingly, the
Professional shall neither assign any responsibilities nor delegate any duties arising
under this Agreement without the prior written consent of the City.
11. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in
any way relieve the Professional of responsibility for the quality.or technical accuracy of
the work. The City's approval or acceptance of, or payment for, any of the services shall
not be construed to operate as a waiver of any rights or benefits provided to the City
under this Agreement.
12. Default. Each and every term and condition hereof shall be deemed to be
a material element of this Agreement. In the event either party should fail or refuse to
perform according to the terms of this agreement, such party may be declared in default.
13. Remedies. In the event a party has been declared in default, such
defaulting party shall be allowed a period of ten (10) days within which to cure said
default. In the event the default remains uncorrected, the party declaring default may
elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as
continuing and require specific performance; or (c) avail himself of any other remedy at
law or equity. If the non -defaulting party commences legal or equitable actions against
the defaulting party, the defaulting party shall be liable to the non -defaulting party for the
non -defaulting party's reasonable attorney fees and costs incurred because of the
default.
14. Bindinci Effect. This writing, together with the exhibits hereto,, constitutes
the entire agreement between the parties and shall be binding upon said parties, their
officers, employees, agents and assigns and shall inure to the benefit of the respective
survivors, heirs, personal representatives, successors and assigns of said parties.
15. Law/Severability. The laws of the State of Colorado shall govern the
construction, interpretation, execution and enforcement of this Agreement. In the event
any provision of this Agreement shall be held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens. This paragraph shall
apply to all Contractors whose performance of work under this Agreement does not
involve the delivery of a specific end product other than reports that are merely incidental
to the performance of said work. Pursuant to Section B-17.5-101, C.R.S., et. seq.,
Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal
alien; and
2. Contractor has participated or attempted to participate in 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, administered by the United States
Department of Homeland Security (the "Basic Pilot Program") in
order to verify that Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien
to perform works under this Agreement or enter into a contract with a
subcontractor that fails to certify to Contractor that the subcontractor
shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot
Program and shall in writing verify same every three (3) calendar
months thereafter, until Contractor 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
Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to
undertake pre -employment screening of job applicants while this
Agreement is being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with an
illegal alien, Contractor shall:
1. Notify such subcontractor and the City within three days that
Contractor has actual knowledge that the subcontractor is
employing or contracting 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
illegal alien; except that Contractor shall not terminate the contract
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.
Contractor shall comply with any reasonable request by the Colorado
Department of Labor and Employment (the "Department") made in the
course of an investigation that the Department undertakes or is
undertaking pursuant to the authority established in Subsection 8-17.5-
102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the
duties imposed by Subsection 8-17.5-102, C.R.S. the City may
terminate this Agreement. If this Agreement is so terminated,
Contractor shall be liable for actual and consequential damages to the
City arising out of Contractor's violation of Subsection 8-17.5-102,
C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor
violates this provision of this Agreement and the City terminates the
Agreement for such breach.
THE CITY OF FORT COLLINS, COLORADO
By: o �-"-
J es B. O'Neill II, CPPO, FNIGP
Director o Purchasing & Risk Management
DATE: I ] -2 0
Aquacrtaft, Inc. ^
By: U o ??.
Title: ?*,"I Ds Ni
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: %L f 1Y/ku
(Corpoeate,SeaI).
EXHIBIT A
Fort Collins Water Conservation Plan
Scope of Services
Project Goals
The key goals of this project are to:
1. Prepare a draft water conservation plan that meets the needs of FCU and the CWCB
requirements.
2. Work closely with FCU staff to develop a detailed set of four conservation scenarios.
3. Accurately evaluate the costs and benefits of each conservation scenario under
consideration.
To accomplish these goals, Aquacraft will complete the following scope of services.
Project Tasks
Task 1 — Review Profile of Water System, Demands, Projections and Conservation
Goals
Fort Collins Utilities (FCU) staff will prepare Colorado Water Conservation Board (CWCB)
planning steps 1-4; developing profiles of the FCU water system, demands, future
projections, water cost, pricing, planning initiatives, and current conservation activities and
goals. At the start of the project, Aquacraft staff will review the work that has been done and
meet with FCU staff to fully understand the supply and demand conditions in Fort Collins, as
well as the expectations for what water conservation can accomplish. FCU will provide
Aquacraft with electronic copies of all relevant information and analysis that has been
completed so far. This information will be used as fundamental input for the integrated
conservation model (Task 3) and for the conservation plan (Task 4).
Task 2 — Develop Conservation Goals and Implementation Scenarios
The purpose of this task is to develop four distinct water conservation future scenarios that
could be implemented in Fort Collins. These scenarios will range from a minimal
conservation Baseline Scenario to maximum Intensive Conservation Scenario. Once
these scenarios have been modeled (Task 3) it will enable decision makers in Fort Collins to
select a conservation program that best fits the community and its goals.
The first step in developing these scenarios will be to meet with FCU staff to establish
realistic goals for the conservation program and to examine available water conservation
and efficiency measures and programs that could be feasibly implemented in Fort Collins.
Starting from a list that includes all known and proven conservation practices, programs,
policies and measures that target indoor and outdoor use in all customer classes
(residential, multi -family, commercial, institutional, industrial, and urban irrigation), a specific
menu of measures will be selected for each of the four scenarios outlined below. Only
proven, cost-effective conservation measures will be included in the initial list, so the
scenarios will be built from a foundation of demonstrated techniques and technology.
Four distinct water conservation future scenarios will be developed, with each successive
scenario building and expanding upon the previous one. Aquacraft will develop a list of
potential conservation measures for inclusion including their implementation cost, estimated
water savings, required staff time to implement and other relevant selection criteria. Four
preliminary scenarios will be developed and Aquacraft will present these to the FCU staff
and the Fort Collins Water Board's Water Conservation and Public Education Committee.
The final measures and programs to be included in each scenario will be agreed upon
through discussions and meetings with the staff and Committee.
Scenario 1— Baseline, minimal conservation
This is a minimum cost, minimum impact scenario in which Fort Collins does not have a
formal water conservation program. Current plumbing codes remain in place and natural
replacement of old inefficient fixtures and appliances occurs at a normal rate. All other
conservation scenarios will be compared against this established baseline.
Scenario 2 — Basic, low intensity conservation program
Building from the baseline, this scenario offers a low cost conservation program of
limited breadth and scope.
Scenario 3 — Moderate, medium intensity conservation program
Building from Scenario 2, this scenario will create a mid -range conservation program
offering a selection of cost effective efficiency measures targeting a broad spectrum of
customers.
Scenario 4 — Aggressive, high intensity conservation program
Building from Scenario 3, this scenario will create a complete conservation program
designed to achieve maximum water savings.
The final description for each scenario will include a list of selected conservation measures,
anticipated staffing requirements and estimated annual implementation costs. Water savings
from each scenario will be projected in Task 3.
Task 3 — Model Conservation Scenarios and Develop Benefit -Cost Analyses
Aquacraft will model the 20-year impacts of all four conservation scenarios using the
integrated conservation model (ICM) we have developed over the past 15 years. This
spreadsheet -based model allows Aquacraft to easily and efficiently determine the impact of
each conservation scenario in terms of future water demands and the relative benefits and
costs. The Aquacraft ICM model takes into consideration population changes as well as
growth in the CII and municipal sectors. At the conclusion of the project, Aquacraft will
provide FCU with an electronic copy of the model as well as basic training in how to make
changes and adjustments as desired.
This modeling task will provide FCU with an analysis of the annual impact of each
conservation scenario by customer class. The expected water savings from each
conservation scenario will be clearly shown and the value of these savings will be calculated
based on the projected avoided costs to the City for purchase, treatment, and delivery of
water. It is understood that most of FCU's costs are fixed and Aquacraft will work closely
with FCU staff to ensure that system cost savings are accurately represented. Benefits to
the customers will be calculated based on savings in water and sewer charges.
Costs and benefits to the City and to the customers will be calculated over the 20-year
modeling period and a present worth analysis will be performed so that benefit -cost ratios
(from the utility and customer perspective) can be calculated. The benefit -cost ratios of each