RESOLUTION #60 (Series of 2017) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND DEERE AND AULT CONSULTANTS INC. TO ANALYZE THE POTENTIAL USE OF IN-SITU RESERVOIRS AS A COMPONENT OF INTEGRATED WATER SUPPLY, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, the City, as a municipal water provider, must plan responsibly for the future water needs of its customers, and must develop a legal, reliable water supply to meet those demands; and, WHEREAS, the City operates an integrated water system to provide a safe, legal and reliable water supply to its customers; and WHEREAS, on-going development of Aspen?s Integrated Water System is necessary to ensure Aspen?s future water supply; and, WHEREAS, City Council has directed staff to investigate alternative storage options; and, WHEREAS, the City believes in-situ reservoirs have potential to augment or replace proposed surface storage; and, 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 awards a contract to Deere and Ault Consultants, Inc. in the amount of $53,000, and that this Resolution 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 th ity of Aspen on the 27th day of March, 2017. Steven 1, Linda Manning, 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 March 27, 2017. dam "Mm/raw}? Linda Manning, City Clerk I the Eili' otllsuen OFASPEN STANDARD FORM OFAGREEM ENT V2009 PRO FESSDNAL SERVICES City ofAspen Project No.: 2017?041. AGREEMENT made as of 27th day of March, in the year 2017. BETWEEN the City: Contract Amount: The City of Aspen c/o Margaret Medellin 130 South Galena Street To ta]; $53,000.00 Aspen, Colorado 8161 1 Phone: (970) 920-5079 And the Professional: Deere Ault Consultants, Inc. c/o Don W. Deere, PE. 600 S. Airport Road, Building A, Suite 205 Longmont, CO 80503 Phone: (303) 651-1468 If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: March 27, 2017 Resolution No.: 60, Series 2017 For the Following Project: '[ntegrated Water System. Evaluation of the potential to incorporate in-situ reservoirs as a component of Aspen?s Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Agreement Professional Services Page 0 The City and Professional agree as set forth below. 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit A attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than 30 2017. 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. Pament. 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 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 Professionals hill. 4. Non-Assignabilig. 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? of?cers, 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 un?nished 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 Agreement Professional Services Page 1 purposes of set-off until such time as the exact amount of damages due the City ?'om the Professional may be determined. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the bene?ts 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 ?Jll 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: Indemni?cation. Professional agrees to indemnify and hold harmless the City, its officers, employees, from and against liability, on account of injury, loss, or damage, including without limitation 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 i, the wrong?il 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. 9. Professional's Insurance. Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance suf?cient 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 suf?cient amounts, duration, or types. 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 Agreement Professional Services Page 2 claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Workers? Compensation insurance to cover obligations imposed by applicable laws'for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS for each accident, FIVE HUNDRED THOUSAND DOLLARS disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS disease - each employee. Evidence of quali?ed self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS each occurrence and ONE MILLION DOLLARS 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. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS each occurrence and ONE MILLION DOLLARS 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. The policy or policies required above except Workers? Compensation and Professional Liability shall be endorsed to include the City and the City's of?cers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its of?cers 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 ?om completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. The certi?cate 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 Agreement Professional Services Page 3 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 certi?cate 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. (6) 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. City reserves the right to request and receive a certi?ed copy of any policy and any endorsement thereto. The parties hereto understand and agree that City is relying on, anddoes 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 of?cers, 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 speci?c 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 certi?ed 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 bv 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 of?cial 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 8-17.5-101 244-765-101, 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. De?nitions. The following terms are de?ned 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 veri?cation 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. By signing this document, Professional certi?es and represents that at this time: Agreement Professional Services Page 5 Professional shall con?rm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not illegal aliens. Professional hereby con?rms that: Professional shall not knowingly employ or contract new employees without con?rming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to con?rm to the Professional that the subcontractor shall not knowingly hire new employees without con?rming their employment eligibility for employment in the United States under the Public Contract for Services. Professional has veri?ed 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 ?ve (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. 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 Agreement Professional Services Page 6 terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. . (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection (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 af?rms 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 CR8 24-76.5-101 et seq., and (3) shall produce one of the forms of identi?cation required by CRS 324-765-103 prior to the effective date of this Agreement. - 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Con?icts of Interest. Professional warrants that no person or selling agency has been employed or retained to solicit or securethis Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona ?de employees or bona ?de established commercial or selling agencies maintained by the Professional for the purpose of securing business. 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, in?uencing the content of any speci?cation 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. Professional represents that no of?cial, of?cer, 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. Agreement Professional Services I Page 7 In addition to. other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and con?ict of interest, the City shall have the right to: l. 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. 17. Fund Availability. Financial obligations of the City payable after the current ?scal year are contingent upon ?mds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal ?lnds 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. . It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modi?ed, 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. 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 modi?cation shall be made except upon a writing signed by the parties. 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 Agreement Professional Services Page 8 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. 20. Ownership of Instruments of Services All reports, drawings, speci?cations, computer ?les, ?eld data, notes and other documents and instruments prepared by the Consultant as instruments of service shall remain the property of the Consultant. The Consultant shall retain all common law, statutory and other reserved rights, including, without limitation, the copyrights thereto. 21. Third-Party Bene?ciaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Consultant. The Consultant's services under this Agreement are being performed solely for the Client's bene?t, and no other party or entity shall have any claim against the Consultant because of this Agreement or the performance or nonperfonnance of services hereunder. 22. Corporate Protection It is intended by the parties to this Agreement that the Consultant's services in connection with the Project shall not subject the Consultant's individual employees, officers or directors to any personal legal exposure for the risks associated with this Project. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against the Consultant, a [insert state] corporation, and not against any of the Consultant's individual employees, of?cers or directors. 23. Standard of Care In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. The Consultant makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder. The Consultant shall exercise usual and customary professional care in its efforts to comply with applicable codes, regulations, laws, rules, ordinances, and such other requirements ("Laws") in effect as of the date of execution of this Agreement. It is understood, however, that various Laws are subject to varying and sometimes contradictory interpretation. The Consultant shall exercise its professional skill and care consistent with the generally accepted standard of care to provide design that complies with such Laws. The Consultant cannot warrant that all documents issued by it shall comply with said Laws. Agreement Professional Services Page 9 IN WI I NESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized Of?cials, this Agreement in three copies each of which shall be deemed an original on the date ?rst written above. CITY ASPEN, COLORADO: [Signamre] [Sigmturc] By: 5-79? {fwi'c/g By: Don W. Deere [Nam] [Name] Title: Ct?gy ?7?Mytr- Title: Chairman of the Board I Date: 7 Date: March23, 2017 Approved as to form: WAttomey?s Of?ce - Agreement Professional Services Page 10 EXHIBIT A PROFESSIONAL SERVICES AGREEIWENT Scope of Work IN-SI TU ORA GE SCREENING STUDY Based on our experience and the initial meeting with the City during our site visit, the potential for in-situ storage in alluvial or glacial outwash terraces was discussed. Two large sites were identi?ed using the published geologic mapping during our site visit. These include the Aspen Airport and the City Golf Course. Other potential, in-situ storage-sites may exist in the vicinity. Most likely these sites will be smaller, but the screening study will attempt to identify all potential sites and evaluate their suitability for water storage forthe City. Task 1 - Project Management This task is reserved for project management tasks including correspondence and contracting. We anticipate primarily phone conversations and conference call meetings to discuss the status of the work. We also understand that there will be a public relations component to this work. Therefore, we have also budgeted to attend one public meeting, including travel and accommodation expenses as part of this task. Task 2 - Evaluation ofIn-Situ Storage Sites We will analyze the pertinent geologic information obtained from Phase 1, Task 2 to identify and evaluate several in?situ storage alternatives, including the airport and the golf course. For each site, we will estimate the potential volume of water that can be stored, as well as identify the likely infrastructure necessary to allow storage and water delivery. The water delivery aspect of this task will be performed in tandem with Tasks 3 and 4 below. For each site, we will also consider possible issues related to land ownership, environmental effects, water quality, and geologic hazards, such as shallow groundwater, landslides and land subsidence. We will develop an initial screening level engineer?s estimate of construction costs associated with each alternative. Task 3 - Water Resources Review This task includes a screening level review of the City?s existing water rights portfolio to identify water rights that could be used to store water using in-situ below-grade storage in alluvium or glacial outwash terraces. We assume that the City can provide us with the pertinent information regarding their existing rights, including place and type of use and any currently decreed augmentation plans. We will focus on optimizing the Durant direct flow right for the Aspen Mountain site and the Marolt Ditch rights at the golf course. We will also perform a review of other intervening water rights in the vicinity that might be impacted by a change of use of existing City water. We will also consult with the City?s water attorney, Covell, on this task. This task will be important to inform water availability analyses for the in?situ storage alternatives. Agreement Professional Services Page 1 1 Task 4 - Water Availabilitv Analvsis We will use the information obtained during Phase 2 Task 3 to analyze how much water and from which sources it is available for each storage alternative. This task will focus on the City?s existing water rights, as well asyaugmentation and exchange potential. The results of this screening level analysis will not be suf?cient for pursuing a water court decree. Task 5 - Regorting We will prepare a report summarizing the screening study, including the pertinent data we reviewed, the in-situ storage evaluation, water availability analyses and costs. We will offer recommendations on which alternative appears best to move into feasibility level investigations. Agreement Professional Services Page 12 EXHIBIT PROFESSIONAL SERVICES AGREEMENT Fee Schedule Tasks Description Hours/Units Rate Total 1 Project Management Don Deere, Principal 16 340.00 5,440.00 Victor deWolfe, Project Manager 20 125.00 2,500.00 Miscellaneous expenses 750.00 Subtotal Task 1 8,690.00 2 Evaluation of In-Situ Storage Sites Don Deere, Principal 6 340.00 2,040.00 Victor deWolfe, Project Manager 40 125.00 5,000.00 Staff Engineer 24 88.00 2,112.00 CADIGIS Technician 16 98.00 1,568.00 Miscellaneous expenses 8 300.00 Subtotal Task 2 11,020.00 3 Water Resources Review Dan Ault, Principal 8 290.00 2,320.00 Jason Brothers, Project Manager 40 135.00 5,400.00 Staff Engineer 40 88.00 3,520.00 Miscellaneous expenses Subtotal Task 3 11,440.00 4 Water Availabilitv Analvsis Dan Ault. Principal 12 8 290.00 3,480.00 Jason Brothers, Project Manager 40 8 135.00 5,400.00 Miscellaneous expenses Subtotal Task 4 9,180.00 5 139.9% Don Deere, Principal 6 340.00 2,040.00 Dan Ault, Principal 6 290.00 1,740.00 Jason Brothers, Project Manager 16 135.00 2,160.00 Victor deWolfe, Project Manager 40 125.00 5,000.00 CADIGIS Technician 12 98.00 1,176.00 Clerical 4 90.00 - 360.00 Miscellaneous expenses 8 500.00 Subtotal Task 5 12,976.00 Total 53,306.00 Total Estimated Cost (rounded to nearest $1,000) 53,000.00 Agreement Professional Services Page 13 DITCH SL UICE GATE SLURRY WALL EC HARG EXISTING GROUND (GOLF RECOVERY WELL SLURRY APPROX DIP 0F SEDLMENTARY BEDROCK 0 20' 10' 290 new mew-m