03-24-2009 State of CO New Energy Communities Grant ContractTOWN OF AVON
PROFESSIONAL SERVICES AGREEMENT
Independent Contractor
Cost Plus Fixed Fee Not to Exceed Contract
Project/Services Name: Avon Heat Recovery Project
Camp Dresser and McKee, Inc.
Contractor:
Contractor Business Address:
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement ") is entered into by and
between the Contractor listed above (the "Contractor ") and the TOWN OF AVON, COLORADO
( "Town "), a home rule municipality of the State of Colorado. The Town and the Contractor may
be collectively referred to as the "Parties."
RECITALS AND REPRESENTATIONS
WHEREAS, the Town desires to have performed certain professional services as described in
this Agreement; and
WHEREAS, the Contractor represents that the Contractor has the skill, ability, and expertise to
perform the services described in this Agreement and within the deadlines provided by the
Agreement; and
WHEREAS, the Town desires to engage the Contractor to provide the services described in this
Agreement subject to the terms and conditions of the Agreement.
NOW, THEREFORE, in consideration of the benefits and obligations of this Agreement, the
Parties mutually agree as follows:
1.0 SERVICES AND CONTRACTOR PERFORMANCE
1.1 Services As directed by and under the supervision of the Town Manager for the
Town of Avon, or his designee, the Contractor shall provide the Town with the
services described in Exhibit A (the "Services ").
1.2 Schedule The Parties recognize that time is of the essence for the performance
of this Agreement and that delays in providing Services will likely cause hardship,
costs and damages to the Town. The Contractor agrees to perform the Services
according to the schedule attached in Exhibit A (the "Schedule ") and further
warrants and represents that the Contractor can perform the Services in
accordance with the Schedule, unless delayed by actions of the Town, changes
in design by Town, acts of war, extreme weather conditions, or labor strikes.
1.3 Changes to Services The Town may request a change or changes in the
Services. Any changes that are mutually agreed upon between the Town and
the Contractor shall be made in writing and upon execution by both Parties shall
become an amendment to the Services described in this Agreement. To be
effective, any written change must be signed by the Contractor and by the Town
Council or the Town Manager.
Heat Recovery Design and CM Assistance PSA June 2009
1.4 Independent Contractor The Contractor shall perform the Services as an
independent contractor and shall not be deemed by virtue of this Agreement to
have entered into any partnership, joint venture, employer /employee or other
relationship with the Town other than as a contracting party and independent
contractor. The Town shall not be obligated to secure, and shall not provide, any
insurance coverage or employment benefits of any kind or type to or for the
Contractor or the Contractor's employees, sub - Contractors, contractors, agents,
or representatives, including coverage or benefits related but not limited to: local,
state, or federal income or other tax contributions; insurance contributions (e.g.,
FICA); workers' compensation; disability, injury, or health; professional liability
insurance, errors and omissions insurance; or retirement account contributions.
1.5 Standard of Performance In performing the Services, the Contractor shall use
that degree of care, skill, and professionalism ordinarily exercised under similar
circumstances by members of the same profession practicing in the State of
Colorado. Contractor represents to the Town that the Contractor is, and its
employees performing such Services are, properly licensed and /or registered
within the State of Colorado for the performance of the Services (if licensure
and /or registration is required by applicable law) and that the Contractor and
employees possess the skills, knowledge, and abilities to competently, timely,
and professionally perform the Services in accordance with this Agreement. In
addition, more specific standards of Contractor performance are:
❑ included within Exhibit A; or
❑ attached to this Agreement as Exhibit ; or
® not included and not attached.
2.0 COMPENSATION
2.1 Commencement of and Compensation for Services Following approval of this
Agreement by the Town Council and execution of this Agreement by the Mayor,
the Contractor shall be authorized to commence performance of the Services as
described in Exhibit A subject to the requirements and limitations on
compensation as provided by this Section 2.0 and its subsections.
A. Cost Plus Fixed Fee Contract The Contractor shall perform the Services
and shall invoice the Town for work performed based on the
compensation methodology described in Exhibit B .
B. Total Compensation for Services Total compensation (including all
reimbursable expenses) shall not exceed seven hundred and forty
thousand dollars less fifty thousand dollars of "in kind" services. .
C. Reimbursable Expenses The following shall be considered
"reimbursable expenses" for purposes of this Agreement if directly
associated with the Services and may be billed to the Town without
administrative mark -up but must be accounted for by the Contractor and
Heat Recovery Design and CM Assistance PSA June 2009 2
proof of payment shall be provided by the Contractor with the Contractor's
monthly invoices:
• Vehicle Mileage (billed at not more than the prevailing per mile
charge permitted by the Internal Revenue Service as a deductible
business expense)
• Printing and Photocopying Related to the Services
• Long Distance Telephone Charges Related to the Services
• Charges incidental to securing needed information (e.g., charges
imposed to obtain recorded documents)
• Postage and Delivery Services
• Travel expenses, including but not limited to lodging, meals,
airfare, rental cars, and taxi services.
D. Non - reimbursable Costs, Charges, Fees, or Other Expenses Any fee,
cost, charge, fee, or expense incurred by the Contractor not otherwise
specifically authorized by this Agreement shall be deemed a non -
reimbursable cost and shall be borne by the Contractor and shall not be
billed or invoiced to the Town and shall not be paid by the Town.
E. Increases in Compensation or Reimbursable Expenses Any increases or
modification of compensation or reimbursable expenses shall be subject
to the approval of the Town and shall be made only by written
amendment of this Agreement executed by both Parties.
2.2 NOT USED
2.3 Payment Processing The Contractor shall submit invoices and requests for
payment in a form acceptable to the Town. Invoices shall not be submitted more
often than once each month unless otherwise approved by this Agreement or in
writing by the Town. Unless otherwise directed or accepted by the Town, all
invoices shall contain sufficient information to account for all Contractor time (or
other appropriate measure(s) of work effort) and all authorized reimbursable
expenses for the Services during the stated period of the invoice. Following
receipt of a Contractor's invoice, the Town shall promptly review the Contractor's
invoice.
2.4 Town Dispute of Invoice or Invoiced Item(s) The Town may dispute any
Contractor time, reimbursable expense, and /or compensation requested by the
Contractor described in any invoice and may request additional information from
the Contractor substantiating any and all compensation sought by the Contractor
before accepting the invoice. When additional information is requested by the
Town, the Town shall advise the Contractor in writing, identifying the specific
item(s) that are in dispute and giving specific reasons for any request for
information. The Town shall pay the Contractor within forty -five (45) days of the
receipt of an invoice for any undisputed charges or, if the Town disputes an item
or invoice and additional information is requested, within thirty (30) days of
acceptance of the item or invoice by the Town following receipt of the information
requested and resolution of the dispute. To the extent possible, undisputed
Heat Recovery Design and CM Assistance PSA June 2009 3
charges within the same invoice as disputed charges shall be timely paid in
accordance with this Agreement. Payment by the Town shall be deemed made
and completed upon hand delivery to the Contractor or designee of the
Contractor or upon deposit of such payment or notice in the U.S. Mail, postage
pre -paid, addressed to the Contractor.
3.0
4.0
CONTRACTOR'S GENERAL RESPONSIBILITIES
3.1 The Contractor shall become fully acquainted with the available information
related to the Project. The Contractor is obligated to affirmatively request from
the Town such information that the Contractor, based on the Contractor's
professional experience, should reasonably expect is available and which would
be relevant to the performance of the Services.
3.2 The Contractor shall perform the Services in accordance with this Agreement
and shall promptly inform the Town concerning ambiguities and uncertainties
related to the Contractor's performance that are not addressed by the
Agreement.
3.3 The Contractor shall provide all of the Services in a timely and professional
manner.
3.4 The Contractor shall promptly comply with any written Town request for the Town
or any of its duly authorized representatives to reasonably access and review
any books, documents, papers, and records of the Contractor that are pertinent
to the Contractor's performance under this Agreement for the purpose of the
Town performing an audit, examination, or other review of the Services.
3.5 The Contractor shall comply with all applicable federal, state and local laws,
ordinances, regulations, and resolutions.
3.6 The Contractor shall be responsible at the Contractor's expense for obtaining,
and maintaining in a valid and effective status, all licenses and permits necessary
to perform the Services unless specifically stated otherwise in this Agreement.
TERM AND TERMINATION
4.1 Term This Agreement shall be effective on the day of , 2009 at
12:01 a.m., (the "Effective Date ") and shall terminate at 11:59 p.m. on June 1,
2011, or on the earlier of: (a) completion of the Services; or (b) a date of
termination as may be permitted by this Agreement; provided, however, that the
Parties may mutually agree in writing to the monthly extension of this Agreement
for up to twenty -four (24) consecutive calendar months.
4.2 Continuing Services Required The Contractor shall perform the Services in
accordance with this Agreement commencing on the Effective Date until such
Services are terminated or suspended in accordance with this Agreement. The
Contractor shall not temporarily delay, postpone, or suspend the performance of
the Services without the written consent of the Town Council or Town Manager.
Heat Recovery Design and CM Assistance PSA June 2009 4
4.3 Town Unilateral Termination This Agreement may be terminated by the Town
for any or no reason upon written notice delivered to the Contractor at least ten
(10) days prior to termination. In the event of the Town's exercise of the right of
unilateral termination as provided by this paragraph:
A. Unless otherwise provided in any notice of termination, the Contractor
shall provide no further services in connection with this Agreement after
receipt of a notice of termination; and
B. All finished or unfinished documents, data, studies and reports prepared
by the Contractor pursuant to this Agreement shall be delivered by the
Contractor to the Town and shall become the property of the Town; and
C. The Contractor shall submit to the Town a final accounting and final
invoice of charges for all outstanding and unpaid Services and
reimbursable expenses performed prior to the Contractor's receipt of
notice of termination and for any services authorized to be performed by
the notice of termination as provided by Section 4.3(A) above. Such final
accounting and final invoice shall be delivered to the Town within thirty
(30) days of the date of termination; thereafter, no other invoice, bill, or
other form of statement of charges owing to the Contractor shall be
submitted to or accepted by the Town.
4.4 Termination for Non - Performance Should a party to this Agreement fail to
materially perform in accordance with the terms and conditions of this
Agreement, this Agreement may be terminated by the performing party if the
performing party first provides written notice to the non - performing party which
notice shall specify the non - performance, provide both a demand to cure the
non - performance and reasonable time to cure the non - performance, and state a
date upon which the Agreement shall be terminated if there is a failure to timely
cure the non - performance. For purpose of this Section 4.4, "reasonable time"
shall be not less than five (5) business days. In the event of a failure to timely
cure a non - performance and upon the date of the resulting termination for non-
performance, the Contractor shall prepare a final accounting and final invoice of
charges for all performed but unpaid Services and authorized reimbursable
expenses. Such final accounting and final invoice shall be delivered to the Town
within fifteen (15) days of the date of termination; thereafter, no other invoice, bill,
or other form of statement of charges owing to the Contractor shall be submitted
to or accepted by the Town. Provided that notice of non - performance is provided
in accordance with this Section 4.3, nothing in this Section 4.3 shall prevent,
preclude, or limit any claim or action for default or breach of contract resulting
from non - performance by a Party.
4.5 Unilateral Suspension of Services The Town may suspend the Contractor's
performance of the Services at the Town's discretion and for any reason by
delivery of written notice of suspension to the Contractor which notice shall state
a specific date of suspension. Upon receipt of such notice of suspension, the
Contractor shall immediately cease performance of the Services on the date of
suspension except: (1) as may be specifically authorized by the notice of
suspension (e.g., to secure the work area from damage due to weather or to
complete a specific report or study); or (2) for the submission of an invoice for
Heat Recovery Design and CM Assistance PSA June 2009 5
Services performed prior to the date of suspension in accordance with this
Agreement.
4.6 Reinstatement of Services Following Town's Unilateral Suspension The Town
may at its discretion direct the Contractor to continue performance of the
Services following suspension. If such direction by the Town is made within (30)
days of the date of suspension, the Contractor shall recommence performance of
the Services in accordance with this Agreement. If such direction to
recommence suspended Services is made more than thirty -one (31) days
following the date of suspension, the Contractor may elect to: (1) provide written
notice to the Town that such suspension is considered a unilateral termination of
this Agreement pursuant to Section 4.3; or (2) recommence performance in
accordance with this Agreement; or (3) if suspension exceeded sixty (60)
consecutive days, request from the Town an equitable adjustment in
compensation or a reasonable re -start fee and, if such request is rejected by the
Town, to provide written notice to the Town that such suspension and rejection of
additional compensation is considered a unilateral termination of this Agreement
pursuant to Section 4.3. Nothing in this Agreement shall preclude the Parties
from executing a written amendment or agreement to suspend the Services upon
terms and conditions mutually acceptable to the Parties for any period of time.
4.7 Delivery of Notice of Termination Any notice of termination permitted by this
Section 4.0 and its subsections shall be addressed to the person signing this
Agreement on behalf of either Town or Contractor at the address shown below or
such other address as either party may notify the other of and shall be deemed
given upon delivery if personally delivered, or forty -eight (48) hours after
deposited in the United States mail, postage prepaid, registered or certified mail,
return receipt requested.
5.0 INSURANCE
5.1 Insurance Generally The Contractor shall obtain and shall continuously maintain
during the term of this Agreement insurance of the kind and in the minimum
amounts specified as follows (check one):
® The Contractor shall obtain and maintain the types, forms, and
coverage(s) of insurance deemed by the Contractor to be sufficient to
meet or exceed the Contractor's minimum statutory and legal obligations
arising under this Agreement ( "Contractor Insurance ");
OR
❑ The Contactor shall secure and maintain the following ( "Required
Insurance "):
❑ Worker's Compensation Insurance in the minimum amount
required by applicable law for all employees and other persons as
may be required by law. Such policy of insurance shall be
endorsed to include the Town as a Certificate Holder.
❑ Comprehensive General Liability insurance with minimum
combined single limits of Dollars ($__) each occurrence
Heat Recovery Design and CM Assistance PSA June 2009 6
and of Dollars ($___) aggregate. The policy shall be
applicable to all premises and all operations of the Contractor.
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. Coverage shall be provided on an "occurrence" basis
as opposed to a "claims made" basis. Such insurance shall be
endorsed to name the Town as Certificate Holder and name the
Town, and its elected officials, officers, employees and agents as
additional insured parties.
❑ Comprehensive Automobile Liability insurance with minimum
combined single limits for bodily injury and property damage of not
less than of n/a Dollars ($n /a) each occurrence with respect to
each of the Contractor's owned, hired and non -owned vehicles
assigned to or used in performance of the Services. The policy
shall contain a severability of interests provision. Such insurance
coverage must extend to all levels of subcontractors. Such
coverage must include all automotive equipment used in the
performance of the Agreement, both on the work site and off the
work site, and such coverage shall include non - ownership and
hired cars coverage. Such insurance shall be endorsed to name
the Town as Certificate Holder and name the Town, and its
elected officials, officers, employees and agents as additional
insured parties.
❑ Professional Liability (errors and omissions) Insurance with a
minimum limit of coverage of n/a Dollars ($n /a) per claim and
annual aggregate. Such policy of insurance shall be obtained and
maintained for one (1) year following completion of all Services
under this Agreement. Such policy of insurance shall be endorsed
to include the Town as a Certificate Holder.
The Required Insurance, if required under this Section, shall be procured
and maintained with insurers with an A- or better rating as determined by
Best's Key Rating Guide, shall be continuously maintained to cover all
liability, claims, demands, and other obligations assumed by the
Contractor, shall not contain any exclusion for bodily injury or property
damage arising from completed operations, and shall provide that the
Town will receive notice no less than thirty (30) days prior to any
cancellation, termination, or a material change in such policy.
5.2 Additional Requirements for All Policies In addition to specific requirements
imposed on insurance by this Section 5.0 and its subsections, insurance shall
conform to all of the following:
A. For both Contractor Insurance and Required Insurance, all policies of
insurance shall be primary insurance, and any insurance carried by the
Town, its officers, or its employees shall be excess and not contributory
Heat Recovery Design and CM Assistance PSA June 2009 7
insurance to that provided by the Contractor; provided, however, that the
Town shall not be obligated to obtain or maintain any insurance
whatsoever for any claim, damage, or purpose arising from or related to
this Agreement and the Services. The Contractor shall not be an insured
party for any Town - obtained insurance policy or coverage.
B. For both Contractor Insurance and Required Insurance, the Contractor
shall be solely responsible for any deductible losses.
5.3 Failure to Obtain or Maintain Insurance The Contractor's failure to obtain and
continuously maintain policies of insurance in accordance with this Section 5.0
and its subsections shall not limit, prevent, preclude, excuse, or modify any
liability, claims, demands, or other obligations of the Contractor arising from
performance or non - performance of this Agreement. Failure on the part of the
Contractor to obtain and to continuously maintain policies providing the required
coverage, conditions, restrictions, notices, and minimum limits shall constitute a
material breach of this Agreement upon which the Town may immediately
terminate this Agreement, or, at its discretion, the Town 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 the Town shall
be repaid by Contractor to the Town immediately upon demand by the Town, or
at the Town's sole discretion, the Town may offset the cost of the premiums
against any monies due to the Contractor from the Town pursuant to this
Agreement.
5.4 Insurance Certificates Prior to commencement of the Services, the Contractor
shall submit to the Town certificates of insurance for all Required Insurance.
Insurance limits, term of insurance, insured parties, and other information
sufficient to demonstrate conformance with this Section 5.0 and its subsections
shall be indicated on each certificate of insurance. Certificates of insurance shall
reference the Project Name as identified on the first page of this Agreement. The
Town may request and the Contractor shall provide within three (3) business
days of such request a current certified copy of any policy of Required Insurance
and any endorsement of such policy. The Town may, at its election, withhold
payment for Services until the requested insurance policies are received and
found to be in accordance with the Agreement.
6.0 OWNERSHIP OF DOCUMENTS /COPYRIGHT
6.1 Any work product, materials, and documents produced by the Contractor
pursuant to this Agreement shall become property of the Town of Avon upon
delivery and shall not be made subject to any copyright unless authorized by the
Town. Other materials, methodology and proprietary work used or provided by
the Contractor to the Town not specifically created and delivered pursuant to the
Services outlined in this Agreement may be protected by a copyright held by the
Contractor and the Contractor reserves all rights granted to it by any copyright.
The Town shall not reproduce, sell, or otherwise make copies of any copyrighted
material, subject to the following exceptions: (1) for exclusive use internally by
Town staff and /or employees; or (2) pursuant to a request under the Colorado
Open Records Act, § 24 -72 -203, C.R.S., to the extent that such statute applies;
Heat Recovery Design and CM Assistance PSA June 2009 8
or (3) pursuant to law, regulation, or court order. The Contractor waives any right
to prevent its name from being used in connection with the Services.
6.2 The Town agrees to the fullest extent permitted by law to indemnify and hold
harmless the Contractor from any damages, liabilities or costs, including
reasonable attorneys' fees and costs of defense, arising out of the use or
modifications by the Town of any reports, plans, specifications or other
construction documents prepared by the Contractor if such use or modification has
not been approved in writing by the Contractor and its sub - Contractors, which
approval shall not be unreasonably withheld. The indemnification provision shall
survive the termination of this agreement.
7.0 CONFLICT OF INTEREST
The Contractor shall refrain from providing services to other persons, firms, or entities that
would create a conflict of interest for the Contractor with regard to providing the Services
pursuant to this Agreement. The Contractor shall not offer or provide anything of benefit to any
Town official or employee that would place the official or employee in a position of violating the
public trust as provided by C.R.S. § 24 -18 -109, as amended, or any Town — adopted Code of
Conduct or ethical principles.
1 Z_u §
In addition to any other remedies provided for in this Agreement, and without limiting its
remedies available at law, the Town may exercise the following remedial actions if the
Contractor substantially fails to perform the duties and obligations of this Agreement.
Substantial failure to perform the duties and obligations of this Agreement shall mean a
significant, insufficient, incorrect, or improper performance, activities or inactions by the
Contractor. The remedial actions include:
A. Suspend the Contractor's performance pending necessary corrective action as
specified by the Town without the Contractor's entitlement to an adjustment in
any charge, fee, rate, price, cost, or schedule; and /or
B. Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed; and /or
C. Deny payment for those services which have not been satisfactorily performed,
and which, due to circumstances caused by the Contractor, can not be
performed, or if performed would be of no value to the Town; and /or
D. Terminate this Agreement in accordance with this Agreement.
The foregoing remedies are cumulative and the Town, it its sole discretion, may exercise any or
all of the remedies individually or simultaneously.
9.0 MISCELLANEOUS PROVISIONS
9.1 No Waiver of Rights A waiver by any Party to this Agreement of the breach of
any term or provision of this Agreement shall not operate or be construed as a
Heat Recovery Design and CM Assistance PSA June 2009 9
waiver of any subsequent breach by either Party. The Town's approval or
acceptance of, or payment for, services shall not be construed to operate as a
waiver of any rights or benefits to be provided under this Agreement. No
covenant or term of this Agreement shall be deemed to be waived by the Town
except in writing signed by the Town Council or by a person expressly authorized
to sign such waiver by resolution of the Town Council of the Town of Avon, and
any written waiver of a right shall not be construed to be a waiver of any other
right or to be a continuing waiver unless specifically stated.
9.2 No Waiver of Governmental Immunity Nothing in this Agreement shall be
construed to waive, limit, or otherwise modify any governmental immunity that
may be available by law to the Town, its officials, employees, contractors, or
agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado
Governmental Immunity Act, Title 24, Article 10, Part 1 of the Colorado Revised
Statutes.
9.3 Affirmative Action Contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex or national origin.
Contractor will take affirmative action to ensure applicants are employed, and
employees are treated during employment without regard to their race, color,
religion, sex or national origin. Such action shall include, but not be limited to the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
9.4 Binding Effect The Parties agree that this Agreement, by its terms, shall be
binding upon the successors, heirs, legal representatives, and assigns; provided
that this Section 9.4 shall not authorize assignment.
9.5 No Third Party Beneficiaries Nothing contained in this Agreement is intended to
or shall create a contractual relationship with, cause of action in favor of, or claim
for relief for, any third party, including any agent, sub - Contractor or sub-
contractor of Contractor. Absolutely no third party beneficiaries are intended by
this Agreement. Any third -party receiving a benefit from this Agreement is an
incidental and unintended beneficiary only. See additional requirements listed in
Exhibit A.
9.6 Article X, Section 20/TABOR The Parties understand and acknowledge that the
Town is subject to Article X, § 20 of the Colorado Constitution ( "TABOR "). The
Parties do not intend to violate the terms and requirements of TABOR by the
execution of this Agreement. It is understood and agreed that this Agreement
does not create a multi - fiscal year direct or indirect debt or obligation within the
meaning of TABOR and, therefore, notwithstanding anything in this Agreement to
the contrary, all payment obligations of the Town are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of the
Town's current fiscal period ending upon the next succeeding December 31.
Financial obligations of the Town payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and
otherwise made available in accordance with the rules, regulations, and
Heat Recovery Design and CM Assistance PSA June 2009 10
resolutions of Town of Avon, and other applicable law. Upon the failure to
appropriate such funds, this Agreement shall be terminated.
9.7 Governing Law, Venue, and Enforcement This Agreement shall be governed by
and interpreted according to the law of the State of Colorado. Venue for any
action arising under this Agreement shall be in the appropriate court for Eagle
County, Colorado. To reduce the cost of dispute resolution and to expedite the
resolution of disputes under this Agreement, the Parties hereby waive any and all
right either may have to request a jury trial in any civil action relating primarily to
the enforcement of this Agreement. The Parties agree that the rule that
ambiguities in a contract are to be construed against the drafting party shall not
apply to the interpretation of this Agreement. If there is any conflict between the
language of this Agreement and any exhibit or attachment, the language of this
Agreement shall govern. The Parties agree to consider in good faith the use of
mediation prior to commencing any litigation.
9.8 Survival of Terms and Conditions The Parties understand and agree that all
terms and conditions of the Agreement that require continued performance,
compliance, or effect beyond the termination date of the Agreement shall survive
such termination date and shall be enforceable in the event of a failure to perform
or comply.
9.9 Assignment and Release All or part of the rights, duties, obligations,
responsibilities, or benefits set forth in this Agreement shall not be assigned by
Contractor without the express written consent of the Town Council for Town of
Avon. Any written assignment shall expressly refer to this Agreement, specify
the particular rights, duties, obligations, responsibilities, or benefits so assigned,
and shall not be effective unless approved by resolution or motion of the Town
Council for the Town of Avon. No assignment shall release the Applicant from
performance of any duty, obligation, or responsibility unless such release is
clearly expressed in such written document of assignment.
9.10 Paragraph Captions The captions of the paragraphs are set forth only for the
convenience and reference of the Parties and are not intended in any way to
define, limit or describe the scope or intent of this Agreement.
9.11 Integration and Amendment This Agreement represents the entire and
integrated agreement between the Town and the Contractor and supersedes all
prior negotiations, representations, or agreements, either written or oral. Any
amendments to this must be in writing and be signed by both the Town and the
Contractor.
9.12 Severability Invalidation of any of the provisions of this Agreement or any
paragraph sentence, clause, phrase, or word herein or the application thereof in
any given circumstance shall not affect the validity of any other provision of this
Agreement.
9.13 Incorporation of Exhibits Unless otherwise stated in this Agreement, exhibits,
applications, or documents referenced in this Agreement shall be incorporated
into this Agreement for all purposes. In the event of a conflict between any
Heat Recovery Design and CM Assistance PSA June 2009 11
incorporated exhibit and this Agreement, the provisions of this Agreement shall
govern and control.
9.14 Employment of or Contracts with Illegal Aliens [Applicable if required by
Colorado law for this Agreement]. Contractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement. Contractor
shall not contract with a subcontractor that fails to certify that the subcontractor
does not knowingly employ or contract with any illegal aliens. By entering into
this Agreement, Contractor certifies as of the date of this Agreement it does not
knowingly employ or contract with an illegal alien who will perform work under the
public contract for services and that the contractor will participate in the e- verify
program or department program in order to confirm the employment eligibility of
all employees who are newly hired for employment to perform work under the
public contract for services. The Contractor is prohibited from using either the e-
verify program or the department program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
If the Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, the
Contractor shall be required to notify the subcontractor and the City within three
(3) days that the Contractor has actual knowledge that a subcontractor is
employing or contracting with an illegal alien. The Contractor shall terminate the
subcontract if the subcontractor does not stop employing or contracting with the
illegal alien within three (3) days of receiving the notice regarding Contractor's
actual knowledge. The Contractor shall not terminate the subcontract if, during
such three days, the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
The Contractor is required to comply with any reasonable request made by the
Department of Labor and Employment made in the course of an investigation
undertaken to determine compliance with this provision and applicable state law.
If the Contractor violates this provision, the City may terminate this Agreement,
and the Contractor may be liable for actual and /or consequential damages
incurred by the City, notwithstanding any limitation on such damages provided by
such Agreement.
9.15 Compliance with Article XXVIII of the Colorado Constitution [Applicable if
required by Colorado law for this Agreement]. If and only to the extent this
Agreement constitutes a "sole source government contract" within the meaning
of Article XXVIII of the Colorado Constitution ( "Article XXVIII "), then the
provisions of Sections 15 through 17 of Article XXVIII ( "Amendment 54 ") are
hereby incorporated into this Agreement and the Parties shall comply with the
provisions of Amendment 54. In such a case, for purposes of this Agreement,
Contractor shall constitute a "contract holder" for purposes of Amendment 54, as
shall any additional persons, officers, directors or trustees related to Contractor
who qualify as "contract holders" pursuant to the definition set forth in Article
XXVIII. In addition, if and only to the extent this Agreement constitutes a "sole
source government contract," the Contractor hereby certifies that it is not
ineligible to hold any "sole source government contract" pursuant to Amendment
54 or any contract thereunder, and the Contractor hereby agrees to notify the
Town immediately if, at any point during the term of this Agreement, the
Contractor shall become ineligible to hold any "sole source government contract"
pursuant to Amendment 54 or any contract thereunder. If any provision or
Heat Recovery Design and CM Assistance PSA June 2009 12
provisions of Amendment 54 are held to be unconstitutional or otherwise invalid
by a court of competent jurisdiction in a non - appealable action, have been
repealed retroactively or otherwise do not apply to this Agreement, such
provision or provisions shall no longer be incorporated into this Agreement and
the parties hereto shall have no obligations under such provision or provisions.
9.16 Notices Unless otherwise specifically required by a provision of this Agreement
any notice required or permitted by this Agreement shall be in writing and shall
be deemed to have been sufficiently given for all purposes if sent by certified mail
or registered mail, postage and fees prepaid, addressed to the Party to whom
such notice is to be given at the address set forth below or at such other address
as has been previously furnished in writing, to the other Party. Such notice shall
be deemed to have been given when deposited in the United States Mail
properly addressed to the intended recipient.
If to the Town If to the Contractor
Larry Brooks, Town Manager
Jason Makofsky
Town of Avon
CDM, Inc.
1 Lake Street
One Cambridge Place
P.O. Box 975
50 Hampshire Street
Avon, CO 81620
Cambridge, MA 02139
Phone: (970) 748 -4000 (not constituting notice)
Phone: (617) 452 -6000 (not
Fax: (970) 949 -9139 (not constituting notice)
constituting notice)
Fax: (617) 452 -8000 (not constituting
notice)
With Copy to:
Eric Heil, Town Attorney
Town of Avon
Widner Michow & Cox, LLP
13133 East Arapahoe Road
Centennial, CO 80112
10.0 SPECIAL PROVISIONS
.-
❑ Attached to this Agreement as Exhibit ; or
❑ As follows:
Heat Recovery Design and CM Assistance PSA June 2009 13
11.0 AUTHORITY
The individuals executing this Agreement represent that they are expressly authorized to enter
into this Agreement on behalf of Town of Avon and the Contractor and bind their respective
entities.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS
Heat Recovery Design and CM Assistance PSA June 2009 14
THIS AGREEMENT is executed and made effective as provided above.
TOWN OF AVON, COLORADO
r
3y:
C.
Mayor
For Town Attorney's Office
CONTRACTOR:
By:��
Printed Name: —ter «r ��Nr►�� �5 ��-►�
Heat Recovery Design and CM Assistance PSA June 2009 15
THIS AGREEMENT is executed and made effective as provided above.
T
TOWN OF AVON, COLORADO
gy;
Mayor crMdyo -Pm T�rrt
J
V APP S TO
3 c C AJ0
For Town Att rney's Office
CONTRACTOR:
By:
arl
Heat Recovery Design and CM Assistance PSA June 2009 15
EXHIBIT A
SERVICES AND SCHEDULE OF COMPLETION
This Exhibit A Scope of Work is organized as follows:
Project Overview
Stakeholder Relationships
Description of Scope of Services by Task
Task 1. Design of construction contract documents
1.1 Management and Coordination
1.2 Design Submittals
1.3 Mechanical Engineering
1.4 Electrical and Controls Design
1.5 Topographic Survey
1.6 Civil Engineering
1.7 Architecture
1.8 Geotechnical Engineering
Task 2. Bid Assistance
Task 3. Engineering Support During Construction
Task 4. Meeting Attendance
Task 5. System Performance Analysis
Schedule
Exclusions and Additional Services
Exhibit B addresses compensation.
Project Overview
This Scope of Work for professional services is for the completion of the Design, Construction
Phase Services, and Performance Testing of the Community Heat Recovery Facility as
described for the "Core System" in the preliminary engineering report entitled Avon Community
Heat Recovery Implementation Plan (CDM, January 2009), unless variance from this plan is
explicitly identified herein. The resulting facility shall deliver at least 6.8 million BTU /hr of heat
into a buried piping distribution loop in Avon's town core area, whereby the source of this heat is
wastewater treatment plant effluent, electricity, and natural gas. The Town of Avon (Town) and
the Eagle River Water and Sanitation District (ERWSD) are anticipated to be the users of this
heat for 20 to 40 years. The core elements of the system will be located at one of the following
three addresses (or in the pipe corridors connecting these addresses):
Avon Wastewater Treatment Facility - 950 West Beaver Creek Blvd., Avon Colorado 81620
Avon Municipal Building - One Lake Street, Avon Colorado 81620
Avon Recreation Center — 90 Lake Street, Avon Colorado 81620
The Heat Recovery Facility will utilize glycol -water mixture to deliver heat where this process
fluid is in the temperature range of 130 to 135° F. Heat will be provided by a combination of a
hot water boiler and a heat pump. This system can best be summarized with respect to the two
new buildings, the connective piping between the buildings, and three immediate end uses for
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 1
the heat. These immediate uses are located at the Avon Recreation Center mechanical room
(pool boilers and heat exchangers) and a small building located on the Avon WWTF plant
property.
Heat Pump Building - The heat pump and support equipment will be located within a common
building called the "Heat Pump Building" as described in the Implementation Plan. The
Consultant will not include the natural gas boiler into this building if it is possible to instead
located it in the Snowmelt Building. The location of the building will be within the property lines
of the Avon WWTF. The exact location of the building will be decided upon by the Town of Avon
(with input from ERWSD) after site civil design has been initiated and buried utilities have been
field located. The architecture of this building shall be similar to the water pump building located
on the Avon WWTF property.
Snowmelt Building — As part of the heat recovery system, a new building adjacent to the Town's
Recreation Center (aka "Snowmelt Building ") will be designed and constructed as part of this
project. This building is described in the Implementation Plan. The Snowmelt Building will
house the snowmelt heat system main heat exchanger, which will transfer heat from the heat
recovery system to the snowmelt system, and also house pumps for the main snowmelt heat
exchanger and for the pool heat exchangers located in the recreation center. The Consultant
will include the natural gas boiler into this building. This Snowmelt Building will also house two
snowmelt heat loop pumps, a snowmelt glycol feed assembly, a snowmelt expansion tank, and
a snowmelt pot feeder. The snowmelt pot feeder, snowmelt expansion tank, snowmelt glycol
feed assembly, and the snowmelt loop pumps will be designed, procured, and installed under
separate contracts (i.e., by others); the Contractor is responsible to make sure sufficient space
is provided in this building for this other equipment. The Snowmelt Building will be heated by
the Heat Recovery System (e.g., via a heat exchanger installed in this project). The SCADA
system and one terminal (HMI) is planned to be housed in this building as well; this station will
allow monitoring, data capture, and control of all mechanical equipment and appurtenances in
the Heat Recovery System consistent with the developed strategies developed during design
(e.g., those that are Town -owned and Common Property). The architecture of this building shall
complement the existing Avon Recreation Center.
Connective Piping — Buried wastewater and specialized heat recovery loop piping will be
designed by CDM in this project and installed by the construction contractor. This piping carries
the process fluids through distribution loops. The buried wastewater piping will connect to a
newly installed manhole in Avon WWTF effluent line with a process sump in the Heat Pump
Building. It will also return the wastewater to a second manhole on the effluent line downstream
of the heat pump. The other loop carries a hot propylene glycol solution from the Heat Pump
Building (at the Avon WWTF) to the Snowmelt Building. "Stub outs" from the main distribution
loop will be designed on the heat recovery loop and installed at a location approximately 120 ft
west of the Snowmelt Building which will later be used to connect up to a snow melt system
(snow melt system to be designed and installed by others under a separate contract for the
Main Street Project). CDM shall specify the effluent piping and the specialty heat loop piping,
including insulation, pipe supports, expansion systems, pipe bedding, etc. such that it is suitable
for use in Avon's alpine climate, can be protected from crushing during construction and backfill,
and results in minimal energy loss for the process fluids.
Modifications in the Avon Recreation Center Mechanical Room — CDM will design modifications
to the recreation center pool heating system to tie -in to the heat recovery loop as described in
the Implementation Plan. This will include design heat exchangers, control valves, and
connective piping and appurtenances and modification to the existing recreation center pool
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 2
heating loops as determined during final design. Recreation center pool heat exchangers will
be located in the existing recreation center mechanical room. Design of replacement of existing
recreation center pool heating boilers is not included as part of this design.
Modifications in the Avon WWTF Process Building — No modifications inside the Avon WWTF
Process Building will be designed or constructed during this project. The project includes
design and construction of a piping stub out from the main distribution loop to allow for future
connection (to be conducted by the ERWSD directly). Space for an automatically actuated and
modulating control valve, flow meter, and associated 1/0 and control via the SCADA system will
provided within the Heat Pump Building for this future work.
Modifications in the Raw Water Booster Pump Station ( RWBPS)— The existing RWBPS is
located inside the Avon WWTF fenceline and will be adjacent to the new Heat Pump Bld. The
project includes design and construction of heat delivery from the main distribution loop to the
RWBPS for heating of this building.
Stakeholder Relationships
As contributors of funding and /or facilities, the State of Colorado's Department of Local
Affairs (DOLA), State of Colorado Governors Energy Office (GEO) and the ERWSD are all
stakeholders in this project. An easement for buried pipe crossings from Union Pacific Railroad
(UPRR) will be needed to implement this project. Acting as an agent for the Town, the
Contractor has some special obligations in this project related to these stakeholder
relationships.
GEO — Governor Ritter and his energy office staff are important project supporters.
GEO was one of the advocates for awarding the Town the New Energy Communities
Grant (administered by DOLA). Performance testing will be conducted by the Contractor
and fulfills one of the requirements of the grant contract. The Contractor will be
prepared to support press releases, photo shoots, and other media - related coverage of
this project.
DOLA — DOLA is a financial contributor to the project and also a project supporter. The
Town and DOLA have a grant contract which defines roles and responsibilities. A copy
of this Contract has been provided to the Contractor for information. The Town will
manage the grant contract and requests for reimbursements from the state. The
Contractor will provide invoicing information (including back -up documentation when
necessary) consistent with the format required by the state as shown in the grant
contract documents.
ERWSD — The ERWSD is a contributor to the project and is the owner of land where
some of the facilities to be designed and built in this project reside. The Town and
ERWSD have entered into an Intergovernmental Agreement (IGA) to cooperate on this
project. Each party to the IGA has obligations and responsibilities. A copy of this IGA
has been provided to the Contractor for information. Although there is no direct
contractual relationship between the Contractor and the ERWSD on this project, the IGA
influences this scope of work and puts a high level of expectation upon the Contractor to
follow communication protocols and be responsive.
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 3
UPRR — The Town is responsible to obtain an easement from UPRR for buried pipe
crossings. As an early deliverable, the Contractor must design this crossing and obtain
a legal description which the Town can use to obtain this easement.
Although there is no direct contractual relationship between the Contractor and DOLA, GEO, or
ERWSD on this project, these stakeholders and the associated other project - related
agreements have influenced this scope of work. In particular, the high degree of public interest
and state funding puts a high level of expectation upon the Contractor to deliver a successful
and well - publicized project. However, the Contractor remains directly responsible to the Town
for working within the established scope, schedule, budget, and quality metrics. The Contractor
and it's subcontractors will not act on verbal or written direction from these stakeholders or other
outside parties without prior approval of the Town's project manager. Any such action will be
considered pursuant to Section 2D and Section 7.
Description of Scope of Services by Task
Task 1 - Design of Construction Contract Documents
The design phase of this project is described in this section organized by technical discipline
and management role. CDM staff will conduct management and coordination, mechanical
engineering, electrical and controls engineering, structural engineering and architectural design.
1.1 Management and Coordination
The Contractor will provide project management consistent with best practices to coordinate the
work defined in this scope. Key responsibilities include development of a Work Plan,
subcontracting services, accounting and invoicing, and quality assurance and quality control
activities.
Work Plan - It is very important in this project, especially with the number of stakeholders
involved and a relatively tight schedule, that the Contractor and its subcontractors establish and
follow a definitive work plan. The Contractor will prepare a detailed Work Plan which identifies
communication protocol, contact list, task assignments, a list of needed documents (from the
town or project stakeholders), ki fidget breakdown by task, deliverable and meeting dates,
printing and distribution, and schedule milestones. The Contractor should identify in the Work
Plan any task assignments and Contractor deliverables by the Town or others that are needed
in order to maintain the project schedule (e.g., obtain railroad easement).
Subcontracts - CDM will prepare, execute, and manage subcontracts as needed to carry out
this scope of work. This includes controlling scope, schedule, budget, and quality metrics of
performance. The Town understands that CDM intends to subcontract the following work:
Topographic survey, site civil engineering, and landscape design to Inter - Mountain Engineering
(IME); Geotechnical engineering to HP Geotech (HP); Architechtural design by Victor Mark
Donaldson (VMD), and construction cost estimating to CDM -CCI (a general construction
contractor and separate business unit within CDM.) No other subcontractors are anticipated at
this time. CDM will notify the Town if changes to the subcontracting plan become necessary
during the course of the project.
Accounting and Invoicing -: Accurate monthly invoices will be prepared and submitted to the
Town as *.pdf.
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 4
Conducting a constructability reviews to focus on issues of particular significance to the
construction phase. Issues frequently reviewed include proposed schedules and contract
packaging, construction sequencing within a given project, means and methods of construction
specified either explicitly or implicitly, risk allocation and document clarity.
QAIQC activities will be performed to review and make corrections on supporting calculations,
supplier information and on all deliverables prior to sending to the Town. This work includes
interdisciplinary checking of calculations, drawings, specifications and cost estimates are done
on the design by each discipline group (e.g., electrical, cost estimating, mechanical) and the
project team in order to minimize errors, conflicts, and omissions between interfacing
disciplines.
1.2 Design Submittals
CDM will prepare construction contract documents (drawings and specifications) for a traditional
design- bid -build project delivery method. Deliverables for the final design include a 60% Design
Submittal, a 90% Design Submittal, and a Final (100 %) Design Submittal. All drawings will be
drafted in AutoCAD 2005 or AutoCAD 2006. The drawings will be developed in D -size (22" by
34 "). Town of Avon will provide comments to CDM in a spreadsheet comment response form on
the 60% and 90% submittals. CDM will incorporate Town of Avon's comments on the 60%
design submittal into the 90% design submittal, and likewise to produce the 100% set.
60% Design Submittal - For this submittal, the major design elements will be well - established
and the supplementary/auxiliary design elements will be in progress. A complete table of
contents and drawing list will be provided which identifies the expected complete content of the
100% set. The process and information (P &ID) drawings will be complete and a draft of the
control strategies for all major mechanical systems shall be provided. A draft submittal
schedule listing due dates for submittals from the general contractor for all major items (e.g.,
mechanical, electrical, piping or other equipment with long lead times) will be included. The G
sheets (general) and any discipline cover sheets shall be complete so that all acronyms,
symbols, legends, used in the project etc. are defined. The C sheet plans shall be nearly
complete and shall establish the pipe locations and building footprint corners within
approximately 6" accuracy. Individual drawings for C, M, E, I, S and sections and details on A
sheets shall be drafted complete or nearly complete relative to basic design elements. CDM
may put architectural and material specifications directly on the drawings. Auxiliary equipment,
sections, and details may still be missing. A draft of all specifications will be included; however
specifications may be incomplete and not fully cross - referenced within the set. The 60% Design
Submittal shall include
• Plans: Ten copies of half size (11" by 17 ") drawings, spiral bound.
• Specifications: Ten copies of specifications, double sided, spiral bound.
• Construction Cost Estimate. The construction cost estimate will be developed based on
the 60% submittal documents and be completed 2 weeks after the 60% submittal has
been submitted to the Town of Avon. The Construction Cost Estimate will be submitted as
a PDF document via e -mail.
• Construction Schedule. The construction schedule will be developed based on the 60%
submittal documents and be completed 3 weeks after plans and specifications have been
submitted to the Town of Avon. The detailed Construction Schedule will be submitted as a
PDF document via e -mail. A summary construction schedule showing the key milestone
dates (Award, Mobilization, major equipment order and long -lead time submittal
deadlines).
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 5
• Design Review Approvals: Architectural plan and profile sheets, renderings, materials
samples, and a landscaping /revegetation plan shall be complete enough sufficient to
obtain both Sketch Plan and Final Design approvals from the Avon Planning and Zoning
Commission and Town Council.
• Testing Plan - Sufficient detail regarding start -up, commissioning, and performance
testing shall be provided in a detailed draft of Specification Section 01660. This includes
a list of equipment, instruments, automated valving, software, etc. that will be
commissioned together as a "system ". Schedule information shall be included so that the
Town can coordinate manpower needs and confirm testing protocol with other
stakeholders.
90% Design Submittal - This submittal will include all drawings and specifications, which shall
be complete with the exception of minor details or corrections to be inserted between 90% and
Final Design Submittals. The 90% Design Submittal will include the following items:
• Plans: Ten copies of half size (11" by 17 ") drawings, spiral bound.
• Specifications: Ten copies of specifications, double sided, spiral bound.
• Construction Cost Estimate. An updated construction cost estimate will be developed
based on the 90% submittal documents and be completed 2 weeks after the 90%
submittal has been submitted to the Town of Avon.
Construction Milestone List- provide key schedule dates for boilerplate documents
(Sections OOXXX) to be prepared by Owner.
Final (100 %) Design Submittal - The Final Design Submittal is the bid set. Town of Avon's
comments on the 90% Design Submittal will be incorporated into the Final Design Submittal.
The Final Design Submittal will include the following original documents:
o Plans: One full -size (22" by 34 ") set of signed and stamped plans ready for copying.
Adobe Reader files ( *.pdf format) and AutoCAD files ( *.dwg) of the drawings will be
provided on CD.
o Specifications: One set of original specifications suitable for double sided copying. Adobe
Reader files ( *.pdf format) of the technical specifications (Division 1 -16) will be provided
on CD.
Overall Design Assumptions:
• Electronic drawings ( *.dwg or *.pdf) of the Town of Avon Recreation Center and the
Avon Wastewater Treatment Plant will be provided to CDM within 2 weeks after notice to
proceed. Electronic drawings should be as -built showing most recent modifications
made to the facilities. If drawings are not up -to -date and depicting the latest facilities,
then the Town of Avon shall describe differences between the drawings and the actual
field conditions.
• This scope has does not include services for field verification on the part of the Engineer
for production of as- builts showing conditions post construction.
• The railroad pipe crossing will be by bore.
• Based on the current project understanding, it is assumed that the disturbance will be
less than 1 acre, the added impervious surfaces will be less than 25,000 square feet and
parking and pavement will not be added; thus a Stormwater Management Plan (Pollution
Control Plan or PCP) is not included in the scope. The Engineer will produce
specifications requiring the general construction contractor to prepare and submit a PCP
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 6
requiring use of best practices for storm water management for approval prior to
initiating field construction.
• Fire protection systems will be specified for performance
1.3 Mechanical Engineering
The mechanical design includes the completion of design elements including drawings and
specifications to permit the bidding and construction of the mechanical portions of the Avon
Heat Recovery Project. CDM will be doing the process engineering and their subconsultant,
VIVID will be doing the HVAC mechanical design work. A copy of all studies or other technical
evaluations performed under this scope item will be provided to the Town via technical
memorandums. The following tasks will be completed.
• Design the HVAC systems design for the new heat pump building and the snowmelt
building.
• Design and selection of the heat pump and the secondary loop associated with the heat
pump.
• Design of submersible effluent sump pumps for the heat pump building sump system to
pump wastewater effluent through the heat exchanger and return it to the effluent
wastewater treatment plant effluent line.
• Design and selection of the supplemental boiler, including the boiler flue, the boiler
secondary loop system, and the natural gas delivery for the new boiler.
• Design and selection of the main snowmelt heat exchanger, including the secondary
loop system associated with this heat exchanger.
• Design and selection of recreation center pool heat exchangers, including the secondary
loop associated with this loop.
• Design of exterior mechanical piping systems (including buried and above ground
piping) connecting 1) the manholes to /from Heat Pump Building located on the Avon
WWTF site, 2) Heat Pump Building to /from the Snowmelt Building, 3) the Snowmelt
Building to /from the Recreation Center Bld., and 4) Heat Pump Bld to /from the RWBPS.
• Design of interior mechanical piping systems within 1) the Heat Pump Building (including
heat for this bld), 2) the Snowmelt Building (with the exception of piping systems that are
required on the snowmelt system side of the main snowmelt heat exchanger), 3) the
Recreation Center (to connect the heat loop to the pool heat exchangers and to
mechanically tie the pool heat exchangers into the pool heating system), and 4) Heat
Pump Bld to /from the RWBPS.
• Provide a stub out within the Heat Pump Building on the loop to the RWBPS to permit
future connections and heat utilization of the heat loop by the ERWSD in the WWTF.
Assumptions in the mechanical design are as follows:
• Gravity flow of wastewater from the effluent line to the building sump pump is
permissible.
• Natural gas is available at the location of the new building.
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 7
• The heat recovery system will provide heat to a main snowmelt heat exchanger located
in the snowmelt building. Design of all mechanical systems on the snowmelt side of the
main snowmelt heat exchangers will be done by others.
• Design and construction of controls to provide wastewater plant space heating will be
done by others.
• Existing pool heating pumps have capacity and head requirements to drive pool water
through the new heat exchangers and the piping associated with the new heat
exchangers. No new pool heating pumps will be required. This scope of work is also
based on manually control of the pool source heat between the existing pool heating
boilers and the heat recovery loop.
1.4 Electrical and Controls Design
The electrical and controls design includes the completion of design elements including
drawings and specifications to permit the bidding and construction of the electrical and controls
portions of the Avon Heat Recovery Project. A copy of all studies or other technical evaluations
performed under this scope item will be provided to the Town via technical memorandums.
Specifically, the following will be completed.
• Coordination with the local utily `n'ill be provided for 480V, three phase service to the
heat pump building. Preparation of a load list and load estimate for the utility will be
completed as part of the new service application.
• Design of the heat pump building MCC with integral utility service entrance and main
breaker to serve 480V.
• Design of the distribution transformer for 120V loads in the new heat pump building.
• CDM's sub Contractor will provide lighting design and convenience receptacles for the
new heat pump building.
• Design of the heat pump building Master Control Panel and Programming of the PLC
and Development of the HMI Screens.
• Design of power feeds for electrically driven mechanical equipment located in the new
heat pump building.
• Design of instrumentation loops for instruments that are located in the new heat pump
building.
• Coordination with the local utility will be provided for 480V, three phase service to the
snowmelt building. Preparation of a load list and load estimate for the utility will be
completed as part of the new service application.
• Design of the snowmelt building MCC with integral utility service entrance and main
breaker to serve 480V. CDM will provide spare buckets in the MCC for additional
electrical equipment that will be provided by the Main Street Project Designers for
operation power of the equipment that the Main Street Project Designers will design.
• Design of the distribution transformer for 120V loads in the new snowmelt building.
• CDM's sub Contractor will provide lighting design and convenience receptacles for the
new snowmelt building.
• Design of the Master Control Panel for equipment and instruments on the heat recovery
side of the main snowmelt heat exchanger in the snowmelt building. The Master Control
Panel for all other equipment will be designed by the Main Street Project Designers.
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 8
• Design of power feeds for electrically driven mechanical equipment in the snowmelt
building and serving the heat recovery side of the main snowmelt heat exchanger.
• Design of instrumentation loops for instruments located in the snowmelt building and on
the heat recovery side of the main snowmelt heat exchanger.
• SCADA Architecture to support the heat recovery loop system, including control
monitoring from the heat pump building and the Public Works Building.
• Design of the conduit and /or fiber for control and communication between the following:
• Heat Pump Building Control Panel
• Snowmelt Building Control Panel
• Existing recreation center pool control panel.
• Snowmelt system (designed by others) Control Panel
• Develop control strategies for the following systems:
• The Effluent Heat Recovery System, which describes the control of the main heat
recovery loop and how the overall control strategy interacts with the heat pump,
the boiler package, and each of the secondary heat recovery systems (i.e.,
recreation center pool heating, future WWTP space heating, snowmelt heat
exchanger).
• The heat recovery side of the recreation center pool heat heating.
• The heat recovery side of the control strategy for future WWTP space heating
(provided for compatibility with future controls design of space heating system to
be done by others).
• The heat recovery side of the control strategy for the main snowmelt heat
exchanger (provided for compatibility with future controls design of snowmelt
system to be done by others).
Assumptions in the electrical and controls design are as follows:
• The Recreation Building pool heating control system is not presently in this
scope. Interface and coordination between the Recreation Building pool heating
control system and the heat recovery circulating pump and instrumentation is not
presently included in this scope other than a call -to -run contact from the pool
heating control system to the heat recovery circulating pump and possibly
providing the primary heat recovery loop temperature signal to the pool heating
control system.
• The WWTP HVAC control system is not presently in this scope. Interface and
coordination between the WWTP HVAC control system and the heat recovery
circulating pump and instrumentation is not presently included in our scope other
than to provide for future 1/0 connections (e.g., example future 1/0 include a call -
to -run contact from the WWTP HVAC control system to the heat recovery
circulating pump and primary loop temperature signal).
• The Snow - Melting System Package is not in this scope and will be provided by
others. Interface and coordination between the Snow -Melt System Package and
Snow -Melt Heat Recovery Control Panel is limited to providing for future 1/0
(e.g., a call -to -run contact from the Snow -Melt System Package to control the
heat recovery "hot side" circulating pump and possibly providing the primary heat
recovery loop temperature signal to the Snow -Melt System Package).
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 9
• Provisions (electrical or control) to support future solar thermal panel arrays will
be provided with the future solar thermal project.
• Fire alarm system for the heat pump building will be designed by specification.
• Standby power for any part of the heat recovery project is not needed.
• Power and Controls for Snow -Melt System Package, which will be housed in the
snowmelt building, will be provided by others.
• A Microsoft Windows based HMI system will be designed and constructed.
• A Microsoft Windows compatible SCADA system will be designed and
constructed.
1.5 Topographic Survey
CDM's subcontractor will complete the topographic survey of the area from the Avon
Wastewater Treatment Plant to the Avon Recreation Center, including the area between the
wastewater effluent and yard piping, the site for the new Heat Recovery Building and the site for
the new Snowmelt Building. Prior to conducting the field survey, the proposed alignment will be
selected by the town. There are two potential project alignments from the Waste Water
Treatment Plant to the Town of Avon Recreation Center including: 1) the project alignment as
depicted in Figure No. 16 of the Community Heat Recovery Project Preliminary Design and
Implementation Plan dated january 14, 2009 or 2) a variation of the alignment through the
soccer field and volleyball court. The general location of the alignment will be defined in the first
stage of the project. The topographic survey will include:
• The datum shall be NAVD 1988 and modified site plane coordinates
• Topographic information along the project alignment, preliminarily assumed to be an
approximately 50' wide swath.
• Building corners near the alignment, as necessary for project understanding and
construction.
• Survey the existing utilities along the alignment including rim and invert information
on existing storm and sanitary sewer and research the as -built information from
Eagle River Water and Sanitation on any existing water mains along the alignment.
• Survey utility locations to determine the location of shallow utilities.
• Survey the locations of the geotechnical borings once they are complete.
• Property lines and corners and RR Right -of -Way
• Topographic information of the area east of the Avon Recreation Center, assumed to
be approximately 10,000 square feet, including the eastern building corners of the
Recreation Center and information on the edge of asphalt of both West Benchmark
Road and the adjacent parking area.
• Additional topographic information (if necessary) in the area of the proposed Heat
Recovery Building near the Avon Wastewater Treatment Plan. The location is
assumed to be generally along the proposed alignment, thus only a minimal amount
of additional topography is anticipated.
• Topography of the geotechnical boring locations. IME anticipates being notified by
either CDM or the Geotechnical engineer that the borings are completed and given a
general idea of the location of the borings. IME also assumes that the locations of
the borings will be marked via a stake or spray paint.
• The Contractor has been notified that the Town has doubt about the accuracy of the
buried pipes (water, sewer) as shown in the as -built drawings for Tracts G, N and H.
• Two full -size signed and stamped copies of the survey will be delivered to the Town.
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 10
1.6 Civil Engineerinq
Schematic Design - Complete a red -line sketch of a horizontal layout of the alignment to assist
in site locating the Heat Recovery Building and Snowmelt Building.
For 60% Design - Plan and Profile of the alignment. Plans will be at 1 " =20' scale. Utility
conflicts will be identified at this design phase. The layout of the pipe will meet railroad boring
requirements with details to be completed in the 90% plan stage. Preliminary Details to
understand the project intent; Preliminary Quantities as necessary for cost estimates;
Preliminary Grading and Horizontal Layout of utilities around the Snowmelt Mechanical Building;
Preliminary Grading and Horizontal Layout of utilities around the Heat Recovery Building; Begin
coordination with the utility providers that will be affected.
For 90% Design - Incorporate any red -lines to the plan and profile of the alignment. Show
details as necessary to meet the Railroad boring requirements. The design will meet the
Railroad Crossing boring requirements; Erosion Controls will be shown on the Plan view of the
pipe alignment; Construction Details as necessary for construction including any railroad boring
details; Quantities as necessary for cost estimates; Construction Specifications; Final Drainage
letter for the Snowmelt Mechanical Building demonstrating that the improvements meet the
current drainage design for the land (which is assumed at this time); Final Drainage letter for
the Heat Recovery Building demonstrating that the improvements meet the current drainage
design for the land (which is assumed at the time); Update any red -lines to the grading,
drainage and utilities for the Snowmelt Mechanical Building and Heat Recovery Building; Design
necessary erosion controls and complete utility profiles if necessary; Continue coordination with
utility providers that will be affected.
Final Civil Design - Incorporate any red -lines to the construction plans and specifications;
Update final quantities as necessary; Incorporate any red -lines to the Final Construction
Specifications; Finalize coordination with utility providers that will be affected.
RR Permitting — Provide legal description of crossing and complete the design of the railroad
crossing to assist the Town of Avon in obtaining the railroad crossing easement and permit.
1.7 Architecture
Architectural services will be provided on the buildings and building- additions planned in this
project. The two anticipated buildings are:
Heat Recovery Building Near the Sewage Treatment plant or across the railroad tracks
to be in a log vernacular to match the other building along the River. This building is to
be approximately 22' -8" x 43' -0 ". It will be a single story slab on grade. Total Square
Footage is to be roughly 975 SF.
Snowmelt Building To the East of the Recreation Center. This building will be designed
to match the existing Recreation Center. This building is to be approximately 19' -0" x
34' -0 ". It will be a single story slab on grade. Total Building Square Footage roughly 650
SF.
Activities include: Assemble all project data provided by Town for base mapping of existing
conditions; Perform a visual review on site to verify that the information provided is reasonably
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 11
accurate; Attend coordination meetings to review and confirm project requirements and scope;
Based on Town input received, provide a design concept for each building including exterior
elevations for Town approval; Provide Architectural Plans and Elevations, Landscape plan,
colors, and application to submit design to the Town of Avon for Planning and Zoning
Commission review; represent the application for public meetings; coordinate structural, and
landscape technical work to support these two buildings.
1.8 Geotechnical Engineering
Six borings will be conducted. One each at the Heat Recovery and Snowmelt building and 4
additional borings along the proposed trench alignment of the heat recovery mechanical
pipework. Laboratory testing of samples taken from the borings will be performed to determine
their engineering characteristics. The information obtained from the field and laboratory testing
will be analyzed and a report prepared discussing the findings and providing recommendations
for foundation design including bearing pressures, lateral earth loading, surface and subsurface
drainage along with compaction of earthwork.
Task 2 — Bid Assistance
CDM will provide bid period assistance. Services to be provided under this include draft
Invitation to Bid, responses to bidder questions and draft addenda. The Town of Avon will field
bidder questions and forward written questions from bidders to CDM. CDM will provide the draft
response to the Town of Avon. The Town of Avon will finalize all responses and send the
responses to all potential bidders. CDM will also develop draft addenda during the bid period.
The draft addenda will be provided to the Town of Avon and the Town of Avon will finalize the
addenda and distribute the final addenda to potential bidders.
For the purposes of budgeting, CDM assumes that there will be 20 written questions from
bidders and 3 addenda. CDM will not address any bid period questions that are not provided in
written form (either as a letter or in an e- mail).
Task 3 — Engineering Support During Construction
CDM design staff and subcontractors will remain engaged in this project through completion of
construction and performance testing. CDM staff will essentially be "on- call" to conduct review
of submittals, respond to requests for information (RFIs), review substitution requests, as
determined by and routed from the Town of Avon. CDM will be responsive during the
construction and commissioning phase; this includes providing multiple contact options to
appropriate timely response (i.e. within 4 hours of the Town of Avon's calls to the CDM
contacts) from competent engineering staff available that will be able to return calls from the
Town during Monday- Friday 7:30am — 5:00pm. In addition to returning phone calls, CDM will be
able to visit the construction site within 1 working day of discussing the issue with the Town.
Submittal Review: CDM will review technical submittals provided by the Contractor or
equipment suppliers as requested by the Town of Avon. The Town of Avon will transmit
complete technical submittals to CDM for review. CDM will provide submittal responses, with
recommendations for submittal review status. Submittal responses will be provided to the Town
of Avon within 20 calendar days of receipt of the submittal documents from the Town of Avon.
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 12
Town of Avon will finalize all submittal responses and distribute the responses to the Contractor.
CDM will maintain the submittal tracking log RFI log, including records of what has been
reviewed, dates of receipt, transmittal dates, and a copy of all comments and recommended
actions.
Requests for Information: During the construction period, the Contractor will ask questions on
details of the contract, substitutions, and alternative approaches that are best answered by the
designer. The purpose of this subtask is to provide written clarifications for the Town of Avon to
review and use. CDM will interpret the contract documents, review conditions claimed by the
contractor to be unforeseen, and review alternative approaches presented in Requests for
Information (RFIs) as requested by the Town of Avon. This scope assumes that CDM will review
25 RFIs.
Maintain Electronic Document Tracking: CDM will maintain the submittal tracking log and RFI
log on an electronic format which can be assessed via internet login by the general contractor,
authorized subcontractors, Town staff, and ERWSD staff. This system shall , including records
of what has been reviewed, dates of receipt, transmittal dates, and a copy of all comments and
recommended actions. These systems shall be user friendly and sortable by section number
and key word.
System Startup Assistance: CDM will assist with providing technical information regarding the
intended operational intent of the system during startup and be able to review results of the
installation contractors testing and commissioning procedures. CDM has budgeted 40 labor
hours to assist with startup activities.
Task 3 Assumptions:
• The Town of Avon will review all submittals prior to routing to CDM to insure their
completeness. Incomplete submittals will be rejected without review.
• One original complete copy of any given submittal will be routed to CDM with a transmittal
cover form in,t:alized by Town of Avon and signed by the Contractor. CDM will complete the
submittal response as a project memorandum. This project memorandum will be scanned
into pdf format and returned to Town of Avon via e -mail. Original native files ( *.doc, *.xls,
*.dwg) will be returned if specifically requested by Town of Avon.
• Budget assumes a total of 20 submittals will be reviewed by CDM and that each submittal
will be re- reviewed as a single re- submittal. Total hours budgeted for each submittal review,
including re- submittal is 16 hours.
• Budget assumes a total of 25 RFI, including requests for substitutions, responses with each
RFI requiring 10 hours to complete.
Task 3 Deliverables:
1. RFI documents.
2. Submittal review comments.
Task 4 — Meetings Attendance
CDM will participate in meetings during the design and construction of this facility. The meetings
that CDM will be involved with are as follow:
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 13
Pre -Bid: Meeting. CDM will participate in the pre -bid meeting to assist the Town of Avon in
summarizing the project to potential project bidders. CDM will have three representatives in
attendance at the pre -bid meeting. For budgeting purposes, the pre -bid meeting is assume
to last no longer than 2 hours.
• Pre - Construction Meeting. CDM will participate in the pre- construction meeting. The pre -
construction meeting will be conducted to establish communication protocols, submittal and
RFI procedures, and set expectations on the quality and completeness of project submittals.
CDM will have two representatives in attendance at the pre- construction meeting. The pre -
construction meeting is assumed to last no longer than 2 hours.
• Start Up Meeting. The startup meeting will be conducted approximately 2 weeks before the
commencement of startup activities. The start-up meeting will be conducted to coordinate
startup activities and resolve schedule conflicts that may exist between the Contractor, the
Town, and the Eagle River Water and Sanitation District. CDM will have two project
representatives in attendance for the startup meeting. The start -up meeting is assumed to
last no more than 2 hours.
Task 4 Assumptions:
• No overnight stays will be required by CDM personnel from the Denver office in order to
participate in project meetings.
• Meeting minutes will be kept and distributed by the Town of Avon.
• CDM will provide comments to all meeting minutes within 3 calendar days of receipt from the
Town of Avon.
• All meetings will be led by Town of Avon staff. CDM will assist the Town of Avon in
preparations for meetings. For budget purposes, 8 hours preparation time for each meeting
will be provided by CDM.
Task 4 Deliverables:
1. Comments on meeting agenda.
2. Comments to draft meeting minutes.
Task 5 — System Performance Analysis
One year after substantial completion, CDM will commence working on a Systems Performance
Analysis Report. The Systems Performance Analysis Report will summarize the energy input
into the system by the supplemental boiler, heat pump electrical demand, parasitic electrical
demand, and the wastewater effluent and also the effluent cooling provided by the heat pump.
In addition, CDM will determine the cost of heat from each source as well as the overall cost of
heat for the system. The report will also track the heat usage by destination, including heat used
for WWTP space heating, recreation center pool usage, the Town of Avon snowmelt systems,
and heat losses from the system. The report will present the analysis on a calendar month
basis.
If necessary, CDM will modify the PLC and SCADA systems during the first two months of
operation to facilitate the data that is required to generate the report. The report shall provide
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 14
recommendations for future operations to improve efficiency and reduce future energy costs. In
addition, CDM will develop a power point summary that can be used to present the report
conclusions in subsequent meetings.
Assumptions:
• Data for the report will be provided by the Town of Avon to CDM.
• Data needs that are not being provided from the Systems SCADA system and are required
by the Town of Avon shall be identified by the Town of Avon and a request to CDM shall be
submitted to modify the SCADA system outputs within 3 weeks after substantial completion.
• The Town of Avon will provide on a monthly basis a daily summary of the Heat Recovery
System operational data. Energy costs for the Heat Recovery System will be based on a
monthly average cost.
■ The budget for SCADA and PLC modifications required to establish for additional data
acquisition is based on 80 hours. No additional instrumentation will be required to provide
the data needs.
■ The Consultant's level of effort on this Task 5 work will be adjusted in accordance with the
remaining available budget after work on Tasks 1 through 4 are complete.
Deliverables:
• CDM will provide a summary table of the data acquisition needs to complete the report.
• Draft Systems Performance Analysis Report.
• Final Systems Performance Analysis Report.
• Power Point Presentation with audio to summarize the findings of the Systems
Performance Analysis Report.
Schedule
On or Before Date Milestone
5/26/2009
Avon Executes EIAF /DOLA Contract
Avon & District Execute intergovernmental
5/26/2009
Agreement
6/23/2009
Avon Executes Design Contract
12/21/2009
Design Complete
12/28/2009
Bid Advertisement
1/28/2010
Open Bids
2/11/2010
Award Construction Contract
3/15/2010
Initiate Construction
10/15/2010
Beneficial Occupancy (commissioning begins)
12/31/2010
Substantial Completion of Construction
4/15/2011
System Commissioning Period Ends
Exclusions and Additional Services
Following are services that are not included within this Scope of Services. CDM is available to provide
these services in the event that they become needed by written amendment or other written authorization:
• Redesign after 60% CD's
• Any design, engineering or plans not specifically described above
• Studies, reports or permitting of any kind other than specifically mentioned above
• Fees and assessments associated with permitting the project
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 15
■ Overall Drainage report or drainage improvements (a drainage letter is included for both the Snowmelt
Mechanical Building and the Heat Recovery Building).
■ Any work not specifically described above
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 16
a Overall Drainage report or drainage improvements (a drainage letter is included for both the Snowmelt
Mechanical Building and the Heat Recovery Building).
■ Any work not specifically described above
EXHIBIT B
COMPENSATION
Cost Budget Summary
Task Description Budget
1 Design of construction contract documents $495,000
2 Bid Assistance
$31,500
3 Engineering Support During Construction
$81,500
4 Meetings
$22,000
5 System Performance Analysis
$36,000
Fixed Fee (profit)
$74,000
Subtotal
$740,000
CDM In -kind services donation (6.75 %)
($50,000)
Net Contract Total
$690,000
In -kind Services Donation
The Contractor agrees to donate in -kind services valued at $50,000 to this project. This equates to
approximately 6.75% of the estimated subtotal professional services cost as shown above. In his invoice,
the Contractor will show the actual total costs including overhead and fee, and then show a reduction of
6.75% in each invoice with the resulting total net amount due clearly identified. it is the Contactor
responsibility to track in -kind services donation and to notify the Town if /when the value of said in -kind
donation reaches or exceeds $50,000.
Project Billings
All tasks will be billed to the Town of Avon at cost plus a pro -rated portion of the total fixed profit which is
included in the summary budget for line items above. Invoices will pro -rate the fee over the course of the
work based on progress to date using an invoice format and profit calculation method that is acceptable
to both the Town and CDM. In the event that scope is increased, budgets and fixed profit will be
increased accordingly by amendment. The numbers indicated are round figures based on detailed
estimates for the work to be provided. The project budget will be managed at the task and project level.
CDM labor costs will be invoiced based on salary costs for professionals working on the project times the
annual audited breakeven multiplier (see tables herein for example list of project staff and current rates).
The current breakeven multiplier is 2.82. Escalation for hourly rates is not included. At the option of the
Town of Avon, any expenses in excess of $500.00 will require pre approval by Town of Avon Staff. The
Heat Recovery Design and CM Assistance Scope of Work June 2009
Exhibit A - Page 16
project duration is anticipated to be about twenty -three months from July 2009 through May 2011 such
that costs will be billed monthly as incurred.
Changed Conditions
In the event that the Contractor and /or it's subcontractors encounter circumstances which it believes
warrants a change in the price, quality, quantity or method of performing work, it shall notify the Town's
project manager of this circumstance in writing. No change in work shall be undertaken until authorized in
writing by the Town. Either party shall be entitled to an equitable adjustment in the contract price for
changed work. It shall be the prime Contractor's sole responsibility to notify the project manager in
advance, in writing of any work that it considers to be changed or extra. Failure to do so, and to provide
and to receive approval before processing, shall waive any claim for payment.
CDM Direct Labor Raw Rate by EmvlovW, `
Employees
Description
Raw Rate
Markup (2.82)
Armstrong, R
Principal in Charge
$ 79.63
$224.56
Parry, D.
Technical Advisor
$ 96.84
$273.09
Vandenburgh, S.
Project Manager
$ 48.74
$137.45
Rynders, T.
Project Engineer
$ 33.82
$ 95.37
Warriner, T.
Technical Review
$ 68.23
$192.41
Luersen, M.
Sr. Elec. Engineer
$ 52.93
$149.26
Liskova, P.
Project Assistant
$ 23.49
$ 66.24
Moini, M.
Contract Administrator
$ 32.55
$ 91.79
O'Donnell, W
Technical Review
$ 68.30
$192.61
McKee, B
Sr. Structural Engineer
$ 45.56
$128.48
Borsi, C
Contract Administrator
$ 41.48
$116.97
Primo, A
Project Engineer
$ 37.60
$106.03
Reed, P
Sr. Scientist
$ 36.17
$102.00
Sautter, N
Project Structural Engineer
$ 29.40
$ 82.91
Simpson, K
Designer
$ 25.53
$ 71.99
Hartz, J
Administration
$ 25.49
$ 71.88
Malone, W
Administration
$ 19.75
$ 55.70
Barnes, M
Administration
$ 18.63
$ 52.54
Manweiler, B
Administration
$ 18.44
$ 52.00
Joos, M
Administration
$ 17.00
$ 47.94
Smith, S
Clerical
$ 16.50
$ 46.53
*CDM rates are to be invoiced based on the raw labor rate of the individual pe7fornning the work times the
breakeven multiplier of 2.82.
k* Billing Rates are subject to annual increase as appropriate to remain market- competitive.
Heat Recovery Design and CM Assistance Compensation June 2009
Exhibit B - Page 2
Inter Mountain Engineering Billing Rates' **
Principal Engineer
$140.00/hr
Project Manager
$120.00/hr
Senior Engineer
$105.00/hr
Project Engineer
$95.00/hr
Design Engineer
$85.00/hr
Field Engineer
$75.00 /hr
Surveyor
$105.00 /hr
Survey Crew without GPS
$135.00 /hr
Survey Crew (2 -man) with GPS
$155.00/hr
Survey Crew (1 -man) with GPS
$130.00 /hr
Senior Technician
$85.00 /hr
Technician
$ 75.00/hr
Technical Typist
$40.00/hr
Victor Mark Donaldson Billing Rates * ' **
Principal
$180.00/hr
Project Manager
$1157.00/1-Ir
Project Architect
$115.00 /hr
Project Coordinator
$100.00 /hr
Production Coordinator
$ 90.00/hr
CADD Technician/Designer
$ 80.00 /hr
Graphics /3D Modeling
$ 80.00 /hr
Administrative
$ 70.00/hr
* Billing rates for Intermountain Engineering, Victor Mai* Donaldson, and other sub Contractors are included
here for information only. Costs incurred by sub Contractors are invoiced through CDM as an outside direct cost
to the project.
** Billing Rates are subject to annual increase as appropriate to remain market- competitive.
Heat Recovery Design and CM Assistance Compensation June 2009
Exhibit B - Page 3