HomeMy WebLinkAbout113618 AQUA ENGINEERING - CONTRACT - CONTRACT - P909 RAW WATER IRRIGATION ANALYSIS FOR PARKSPROFESSIONAL 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 Aqua Engineering, 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:
Scope of Services. The Professional agrees to provide services in accordance with
the scope of services attached hereto as Exhibit "A", consisting of four (4) pages, and incorporated
herein by this reference.
2. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated within five (5) days following execution of this
Agreement. Services shall be completed no later than March 31, 2004. Time is of the essence.
Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto.
3. 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:
Aqua Engineering, Inc.
Attn: Amy Johnson
4803 Innovation Drive
Ft. Collins, CO 80525
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City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
With Copy to:
City of Fort Collins
Attn: Virgil Taylor
PO Box 580
Fort Collins, CO 80522
Exhibit "B"
FEES
Per the RFP, we propose the following fees for each of the items requested:
Task 3: Determine Pros and Cons of Conversion to Raw Water........... .
$69500.
Task 4: Estimate the Feasibility/Probability of Raw Water Canals .........
$3,800.
TOTAL FEES (including direct expenses) ............................ $10,300.
RANGE OF RATES FOR ADDITIONAL WORK BEYOND SCOPE
SUBJECT TO PERIODIC ADJUSTMENT
Personnel
Principals
Project Managers, Staff Engineers
CAD Specialists
Administrative Staff
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Hourly Rates Range
$130.00 to $140.00
$75.00 to $115.00
$55.00 to $80.00
$35.00 to $55.00
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.
4. 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 negligent 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 $500,000.
5. 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:
Principals $130.00 to $140.00
Project Managers, Staff Engineers $75.00 to $115.00
CAD Specialists $55.00 to $80.00
Administrative Staff $35.00 to $55.00
Reimbursable direct costs: as billed
with maximum compensation (for both Professional's time and reimbursable direct costs) not to
exceed Ten Thousand Three Hundred Dollars ($10,300). Monthly partial payments based upon the
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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. 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.
8. 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 forwithholding any portion of Professional's compensation hereunderforthe payment of
FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
9. 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.
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10. 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.
11. 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.
12. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period often (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.
13. Binding 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.
14. 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.
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ATTEST:
porate Secretary
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THE CITY OF FORT COLLINS, COLORADO
By. 0 J V Aq
J mes B. O'Neill II, CPPO, FNIGP
Direct of Purchasing & Risk Management
DATE: —12- 1 1� 1 03
Aqua Engineering,, Inc.
Title: el�r,r�n.L,_ //%�t /.✓.�
CORPORATE PRESI ENT OR VICE PRESIDENT
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Exhibit "A"
SCOPE OF SERVICES
This revised Scope -of -Work is submitted following our recent meeting with City of
Fort Collins' representatives (Virgil Taylor and John Stephen). The Raw Water
Irrigation Analysis for Parks will now focus on the original Task 3 and Task 4 as
described in the Request for Proposal and Addendum No. 1:
• Task 3 Determine the pros and cons and cost benefits of
converting existing park domestic irrigation systems to
raw water where feasible.
• Task 4 Estimate the feasibility / probability of raw water
irrigation canals remaining viable as raw water conductors
when the existing farms are sold off and no longer utilize
canals for farm irrigation. Canals to be included are:
Pleasant Valley and Lake Canal, Larimer #2 Canal, New
Mercer Canal, Arthur Ditch, Larimer/Weld Irrigation Canal.
The City staff will be working on the remaining tasks internally, parallel to this
feasibility study. This section presents our intended approach to provide thoughtful
solutions to the requested tasks.
Proiect Approach
We have divided our project approach into four subtasks to develop solutions to the
questions posed by the City:
1. Data Collection
2. Analysis
3. City Review
4. Final Report and Presentation
To complete these subtasks, we have conceptually divided our project staff into
two teams. One of the teams will be headed by Robert Beccard and the other will
be headed by Stephen Smith. Bob's team will investigate issues related to Task 3:
the irrigation system, storage, filtration, and pumping issues related to the parks.
His team will be developing solutions to the questions related to the pros and cons
and cost benefits of using raw water, and preparing opinions of probable
construction costs related to the implementation of raw water. Steve's team will
investigate issues related to Task 4: water rights, annual per share yields, and the
mutual irrigation companies. Bob will provide QA/QC for the project
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Steve will be the direct contact for communications and interactions between the
City and Aqua Engineering. Amy Johnson will serve as the overall project manager
for the project. As the need arises, other staff members will be involved on either or
both teams to complete the project in a timely manner.
Assuming a Notice to Proceed at the beginning of January, the project can be
completed by the end of March 2004.
A more detailed description of the work effort for each of the tasks follows:
Subtask 1: Data Collection
Due to budget constraints, we will rely on the City to provide important information
for this study. Specifically, City staff will provide the following:
Parks and Irrigation Systems
• GIS data and information regarding the location of the 44 parks and five
irrigation ditches.
• List of which parks are currently irrigated with raw water and which are
irrigated with potable water.
• List of irrigation data for each park, including:
o Total irrigated acres
o Average annual water application
o Water cost and water meter readings for the past 4 years
• Cost of potable water in the past and projections for future rate increases
• Cost of electricity for pumping
• Other background or supporting information the City has available that
may be pertinent to this study
Ditch Companies
• Company contacts for:
o Pleasant Valley and Lake Ditch Co.
o Larimer County #2 Ditch Co.
o New Mercer Ditch Co.
o Arthur Irrigation Co.
o Larimer and Weld Ditch Co.
• Typical ditch/canal operations
o Total shares
o Water order routine, rules
• Future plans / goals resulting from urbanization in service area
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• Historic yield and probable safe future yield per share using data available
from the State Engineer (HydroBase database), hard copy records from the
State Engineer, Federal Land Bank Engineering Reports, past studies, and/or
interviews with company superintendents.
• Early season versus late season water availability issues ,
• Current and probable future share ownership by the City of Fort Collins (the
City does not currently own shares in Larimer and Weld).
• Predicted canal operating efficiency (losses due to seepage, evaporation, and
related delivery losses) and likely changes over time which may affect City of
Fort Collins' park projects.
• Potential for exchanges) between mutual irrigation companies in order to get
owned water to the right place at the right time.
• Right of way and easement issues.
• Service area change and the implications of such to the project.
• Potential for other secondary supply or dual system projects with entities
other than the City of Fort Collins (Poudre R1 School District).
Subtask 2: Analysis
We will take the data collected and provided by the City in Subtask 1 and begin to
formulate answers to the questions posed by the RFP. Work efforts related to this
task will include:
• Determine the pros and cons of converting existing park domestic irrigation
system to raw water irrigation systems.
• Study the requirements to deliver water from the existing ditches to the
parks that are located remotely from the ditches.
• Determine the methodology for delivering raw water to the parks: the
pumping concept. For example, is it possible to pump directly off a particular
ditch or is storage required at a park site.
• Determine the cost benefits of converting water sources by comparing the
raw water infrastructure capital cost to the historic potable water costs and
estimated maintenance costs (provided by the City).
1 The Poudre Basin already has approximately 1200 decreed exchanges in place which can generally allow for
greatly increased flexibility in water deliveries.
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• Potential to maintain a potable water source with some parks to cover both
the "shoulder season" and the risk of too little late season water to
adequately finish out the irrigation system.
Due to differences between the ditch companies, we are anticipating that there
could be differing solutions to the same question depending on the ditch company.
Aqua Engineering, Inc will work closely with City Staff throughout the feasibility
study. At the completion of this task, we will prepare a preliminary report for
review with recommendations.
Subtask 3: Review Meeting
After submitting the preliminary report, we will meet with City Staff to review the
recommendations and discuss the future use of raw water.
Subtask 4: Final Report and Presentation
Revisions to the preliminary report based on the Review Meeting and revisions to
the cost estimates will develop into detailed report to summarize the study
approach, assumptions, calculations, findings and recommendations. The report will
likely include the spreadsheets describing historical water use and costs, and the
Engineer's Opinion of Probable Construction Costs.
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