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06-23-2009 Intergovernmental Agreement ERWSD Heat Recovery FacilityAS J To: The Honorable Mayor and Town Council Through: Larry Brooks, Town Manager From: Jennifer Strehler, P.E., Director of Public Works Justin Hildreth, P.E. Town Engineer Date: June 23, 2009 Re: Award of Professional Services Contract for Design and Construction Management Assistance of the Community Heat Recovery Project Summary: The Town Council is requested to approve the professional services contract (PSA) award to CDM, Inc. for design and construction management assistance with the Avon Community Heat Recovery facility. This is the same firm that prepared the Implementation Plan and Predesign Report. The value of this contract is $740,000. With partial funding from project partners, the Town's expected total final cost for implementation of the scope of work included in this PSA is about $400,000. Previous Related Council Actions (reverse chronology) April 28, 2009 Approval of the IGA with ERWSD and approval of the DOLA /GEO grant contract. Both help to pay for design and construction of this new facility. July 22, 2008 — CIP Budget Amendment to assign $90,000 to preliminary design of this project. This work was awarded to CDM, Inc. and executed as a purchase order. March 11, 2008 — Work session to present Wastewater Treatment Plant Waste Energy to Snow Melt System Proposal (February draft). This proposal was favorably received by Council and staff's request for $90,000 to conduct engineering predesign was granted as a joint project with ERWSD. Council further suggested that we evaluate means to include pool water heating and /or building space heating into the proposed heat loop from the wastewater treatment plant. January 22, 2008 - Work session to present Snowmelt Feasibility Study. At that time, Council expressed concerns about the energy consumption and carbon footprint of conventional snow melt systems and directed staff to seek more environmentally - friendly options to deliver heat. Background: In 2008, CDM, Inc. was selected to prepare the Avon Community Heat Recovery Implementation Plan because of their specialized expertise in heat recovery from wastewater treatment plants and sewers. In addition to conducting the preliminary design, CDM, Inc assisted the town in preparing grant application materials. All of their work to date on this project has been completed on time and on budget. The level of detail of this plan was exceptional, equivalent to about a 30% level Pagel of 3 engineering design with respect to the mechanical and process drawings and specifications. The company has shown their commitment to our project through the contribution of $50,000 in in -kind services, which is reflected in the project budget. Both DOLA and ERWSD are comfortable with the town's decision to contract with this team to finish the design and provide support through construction. A copy of the cover letter describing their staffing plan and resumes are attached as Exhibit 1. The Town Attorney prepared the PSA and reviewed the Scope of Work (negotiated by town staff). These documents are attached as Exhibit 2. Discussion: The Engineering Department will manage this project with review assistance from Public Works. Project delivery is planned to be traditional design- bid -build approach. The scope of work includes the following tasks: Design of construction contract documents, Bid Assistance, Engineering Support During Construction, Meetings, and System Performance Analysis. The design engineer will provide technical support during bidding and construction to prepare addenda, answer RFIs, and review key equipment submittals. The design engineer will also prepare a system performance analysis and report after 1 -year of operating data has been obtained. This report is need to fulfill grant obligations and will assist the town in establishing a "heat utility fund" by determining seasonal financial and operating parameters and overall cost - benefit metrics. Financial Implications: DOLA grant funds, contributions from ERWSD, and in -kind services donations from CDM, Inc. will be used to off -set the financial burden to the town. The breakdown of cost is expected to be approximately as follows: Table 1. E stimated Breakdown of Design Expenses f or this PSA A/E Services Avon $ 400,000 ERWSD $ 52,000 DOLA $ 238,000 CDM $ 50,000 Sum $ 740,000 Table 2. Estimated Breakdown of Total Project Expenses Page 2 of 3 '1 A/E Services RR Consultant Services Facility Construction Real Property Acquisition Total Town of Avon $ 399,088 $ 11,338 $ 2,021,063 $ 11,338 $ 2,463,231 ERWSD $ 52,720 $ 1,528 $ 272,404 $ 1,528 $ 332,000 DOLA $ 238,192 $ 6,904 $ 1,230,739 $ 6,904 $ 1,500,000 CDM $ 50,000 $ 0 $ 0 $ 0 $ 50,000 Sum $ 740,000 $ 19,770 $ 3,524,206 $ 19,770 $ 4,345,231 Page 2 of 3 '1 This project is currently budgeted in the town's CIP Fund #41 at approximately the level needed to fund the project. Several line items in the CIP budget regarding this project will need to be adjusted to reflect changes from earlier assumptions; these adjustments will be made the next time that the CIP budget is amended. Recommendation: Move to award the Professional Services Contract for Design and Construction Management Assistance of the Community Heat Recovery Project to CDM, Inc. in the amount of $690,000 and authorize the Mayor to sign the same. Town Manager Comments: C W w f D ✓lam( G Z�LI/l. ��� i%� ;'��y, ��i�i �� 4 �c Ori A = resumes Exhibits: 1 — Cover le er proposal, team structure, an 2 — Professional Services Agreement (includes Scope of Work) Page 3 of 3 Exhibit 1 Cover Letter and Resumes 11 L� June 10, 2009 Jennifer Strehler, P.E., MBA Director of Public Works /Director of Transportation Town of Avon Post Office Box 975 Avon, Colorado 81620 Subject: Heat Recovery Project Dear Ms. Strehler: The Town of Avon and Eagle River Water and Sanitation District are engaged in an innovative Heat Recovery Project and Camp Dresser & McKee Inc. (CDM) is very excited to be able to work with you as you develop, design and construct the necessary systems, processes and facilities. We are pleased to submit this summary of our team and its qualifications. In addition to our extensive experience in wastewater treatment, energy systems and construction management, the CDM project team has strong national expertise enabling us to work in partnership with you to successfully deliver this showcase heat recovery system. CDM's proposed team organization and key staff resumes are attached to this letter. Our team will be led by Project Manager Scott Vandenburgh, P.E., and Denver -based Principal -in- Charge Bob Armstrong, P.E., as well as Technical Director Dave Parry, Ph.D., P.E. - an expert in wastewater treatment and energy systems in the U.S. and abroad. Our project architect will be Mark Donaldson Architects. CDM's Denver based at -risk construction group will provide direct access to the best construction, cost estimating and scheduling expertise in the firm. Critical site, civil, drainage and surveying needs will be addressed by Intermountain Engineering of Avon. We look forward to working with you on this project. If you have any questions, please do not hesitate to contact me at (303) 383 -2419. Very truly yours, Bob Armstrong, P.E. Vice President Camp Dresser & McKee Inc. cc: Scott Vandenburgh, P.E. 5 CDM's TF-Am CDM's proposed team organization for the Heat Recovery Project is outlined below. Resumes of key team members are highlighted on the following pages. r.`�... -f / VO A �+ Ecial RIVPI t1 ir� & .�r�i,a(�r I)is s�i C 0 L 0& A D 0 PRINCIPAL IN CHARGE *Bob Armstrong, P. E. PROJECT MGR / PROCESS MECHANICAL LEAD Sc ■ ELECTRICAL *,John Robinson, P.E. i\Aichael Luerson *Keith Simpson ARCHITECTURAL & BUILDING DESIGN CIVIL/SURVEYOR Wark Donaldson 'Intermountain Engineering DESIGN & CONSTR. PROJECT ENGINEER STRUCTURAL * B ri an .- COST ESTIMATING • 'Dewer-hosed stal`f Avon- bosea' firm L^ David L. Parry, Ph.D., P.E., B.C.E.E. Vice President Education Ph.D. - Mechanical Engineering, University of Illinois, 1989 M.E. - Mechanical Engineering, Brigham Young University, 1982 B.S. - Mechanical Engineering, Brigham Young University, 1980 Registration Professional Civil Engineer: Washington (1995), California, and Oregon Professional Mechanical Engineer: California (1983) and Alberta, Canada Professional Engineer: Utah (1986); Manitoba, Canada; British Columbia, Canada Dr. Parry has nearly 30 years of experience in all phases of the planning, study, permitting, pre - design and design, and construction management of wastewater treatment facilities. He is actively involved as project director, technical advisor or project manager in wastewater treatment plant and energy projects in the United States and Canada. Currently he is serving as the Vice Chair of the Bioenergy Technology Subcommittee of the Water Environment Federation's Residuals and Biosolids Committee. Dr. Parry is a proven leader with respect to managing engineering projects for excellent client service as well as managing consulting operations for profitable growth. Dr. Parry's energy management experience spans the life of the project including energy management planning, air permitting, alternative delivery procurement, detailed design, construction services, and operations assistance. His expertise includes conventional internal combustion engine - driven cogeneration systems as well as emerging technologies such as fuel cells, gas turbines, and Stirling engines. He has facilitated numerous energy studies using a collaborative workshop approach that uses a proven decision making process. energy building as originally planned. Principal -in- Charge, Columbia Boulevard Wastewater Treatment Plant Cogeneration Facilities, City of Portland, Bureau of Environmental Services, Portland, Oregon. Dr. Parry led the effort to provide the City of Portland, Bureau of Environmental Services (BES) with the pre - design, Principal -in- Charge, Effluent Heat Recovery, Town of Avon, Colorado. CDM recently completed a preliminary design of a heat pump recovery system for the Town of Avon, CO, to convert low grade heat from Experience Highlights wastewater effluent to melt snow on public sidewalks and in community centers. Public facilities that would benefit from the utilization of this energy • CDM's practice leader for include the community pool, hot tub, shower, and space heating needs, as wastewater treatment and energy well as for a snow melt system located at the transit station and in the • Serving as the Vice -Chair of the downtown corridor. Water Environment Federation's Bioenergy Subcommittee Senior Project Engineer, Effluent -Based Heat Pump Design, South • Principal in Charge of Columbia Treatment Plant, King County, Washington. Dr. Parry designed the first Boulevard WWTP 1.6 MW effluent -based heat pump system in North America to provide space and Cogeneration Project, process heating at a wastewater treatment plant. The system has been • Technical director of the planning, operating successfully for 20 years. Heat is extracted from the plant's effluent predesign, design, and engineering to supply 30 million btu /hr to the plant s hydronic system. During the assistance during construction for a 3.0 MW cogeneration facility at design, Dr. Parry saved the county several million dollars by recommending Encina Wastewater Authority that the energy system be installed in the digester complex instead of its own energy building as originally planned. Principal -in- Charge, Columbia Boulevard Wastewater Treatment Plant Cogeneration Facilities, City of Portland, Bureau of Environmental Services, Portland, Oregon. Dr. Parry led the effort to provide the City of Portland, Bureau of Environmental Services (BES) with the pre - design, David L. Parry, Ph.D, P. E. design, and construction phase services for the development of wastewater treatment plant-related cogeneration facilities, which centers on two 850 kW internal combustion engine- generators, equipped with the latest in lean-burn technology and heat recovery. Project Manager, Phase V Water Pollution Control Facility Expansion, Encina Wastewater Authority, Carlsbad, California. Dr. Parry is currently the project manager and mechanical engineering lead for design of improvements to the plant including a 3.0 MW cogeneration system, including four 750 - kilowatt lean burn engine driven generators. This project is currently providing assistance during construction and this is a culmination of service beginning over ten years ago that upgraded a cogeneration system to lean burn combustion technology and now replaced the engines with new packaged cogeneration units. Project Director, Energy Master Plan, South Bayside System Authority, Redwood City, California. Dr. Parry is leading a collaborative workshop approach to implement an energy system master plan for SBSA's Regional Wastewater Treatment Plant in Redwood City. The City generates electricity by fueling a cogeneration engine with gas from its three anaerobic digesters. CDM's role is to develop a master plan that helps SBSA implement a 10 -year Capital Improvement Program that improves and expands energy production, reduces overall energy demand and costs, develops high energy system reliability, is fully compliant with air and other permits, and maintains a safe workplace. Project Manager, West Point Wastewater Treatment Plant Beneficial Use of Digester Gas, Seattle, Washington. The CDM team, lead by Dr. Parry, and King County team worked together to develop a variety of alternative uses of the digester gas at the West Point WWTP. The alternatives were based on historical and forecasted energy needs at the plant. Alternatives ranged from different technologies for converting the digester gas to heat and electricity to converting the digester gas to pipeline quality natural gas through gas scrubbing or to liquefied natural gas through a third party. The alternatives were sized based on a balance between sunk equipment costs, size availability of alternative digester gas utilization equipment, and average expected digester gas availability. Principal -In- Charge, Fuel Cell Facility Design, City of Anaheim, California. Dr. Parry was responsible for designing a 200 kW phosphoric fuel cell facility to provide electricity and heat to support operations at the East Anaheim Police Substation. During normal operations, the fuel cell operates in parallel with the electric utility. An existing 50 kW solar panel array also operates in parallel with the electric utility during peak sunlight hours. When there is an electric utility outage the fuel cell and a standby diesel generator supplies the essential loads to the police station. 51 David L. Parry, Ph.D, P.E. Cogeneration Expert, Cogeneration Feasibility Studies, City of Red Deer and Alberta Capital Region Wastewater Commission, Alberta, Canada. Dr. Parry led the engineering effort on two cogeneration feasibility studies simultaneously. A collaborative workshop approach was used where representatives from both entities participated. Energy objectives were prioritized; cogeneration options were identified, screened, evaluated, and compared. A digester gas fueled, internal combustion engine cogeneration system was recommended for both facilities. These projects resulted from securing grants from the Green Municipal Enabling Fund (GMEF) that paid for half of the studies. Principal -In- Charge, Fuel Cell Facility Design, Fuel Cell Demonstration Project, King County, Washington. Dr. Parry was part of the project team responsible for integrating the first molten carbonate fuel cell, to be fueled by digester gas, into a wastewater treatment plant. This $17.5 million EPA grant funded project involved designing the interconnections of power, digester gas, and hot water to a 1 MW molten carbonate fuel cell at the South Treatment Plant. The preliminary design of these interconnections was done while the fuel cell manufacturer was still designing the fuel cell equipment. After two years into the project, the manufacturer of the fuel cell went out of business. Dr. Parry assisted the county with selecting another fuel cell manufacturer that met EPA's criteria of a pre - commercial unit. Both solid oxide and molten carbonate fuel cell manufacturers were considered because they were in the developmental and demonstration phases. Principal -in- Charge, Owner's Representative, Anaerobic Digester Design and Upgrade Project, Design/Build/Maintain Cogeneration Project for Lethbridge, Alberta, Canada. Dr. Parry worked with the City as the owner's representative to implement a design /build /maintain project for the cogeneration facility that included the results of the preliminary design. He provided a feasibility study, pre - design and owner's representative services were provided for design /build /maintain process for two 800 kW lean -burn engine driven generators designed and installed with switchgear and heat recovery. Cogeneration Expert, Cogeneration Peaking Facility Design, Santa Clara Valley Water District, California. Dr. Parry was responsible for designing a 900 kW natural- gas - fueled internal combustion engine cogeneration facility at the Almaden Campus. Heat recovered from the engine is used to supplement the existing heating system and as a heat source for an absorption chiller to supplement building cooling needs. The cogeneration system includes state -of -the -art automatic controls to optimize its economic benefit while minimizing operator attention. Scott R. Vandenburgh, P.E. Environmental Engineer Education Scott Vandenburgh, P.E. has over 13 years experience in wastewater treatment, mostly in anaerobic digestion and anaerobic treatment. While M.S. - Environmental completing his Masters degree, Scott operated laboratory anaerobic digesters Engineering, Iowa State University, 1998 gathering data for Iowa State University as they introduced Temperature Phased Anaerobic Digestion (TPAD) to North America. Since completing his B.S.E. - Civil Engineering, Masters, Scott has been a design leader for large anaerobic digestion facilities, University of Iowa, 1992 including the new digester process soon to be constructed for King County's Brightwater Treatment plant. Scott also served as an integral part of the teams that evaluated full -scale operational changes to King County's South Registration Treatment Digestion system and pilot scale testing of thermophilic anaerobic Professional Engineer: digestion for King County's West Point Treatment Plant. Scott has been an Washington (2001) active member in participating and communicating advances in the area of solids handling, having written or given conferences on eight occasions. Project Manager, Effluent Heat Recovery, Town of Avon, Colorado. Mr. Vandenburgh completed preliminary design of a heat pump recovery system for the Town of Avon, CO, to convert low grade heat from wastewater effluent to melt snow on public sidewalks and in community centers. Public facilities that would benefit from the utilization of this energy include the community pool, hot tub, shower, and space heating needs, as well as for a snow melt system located at the transit station and in the downtown corridor. Project Engineer, Portland Bureau of Environmental Services - Co- generation System Design. Mr. Vandenburgh was the project engineer for the procurement and installation of two 850 kW internal combustion engines for the Columbia Boulevard Wastewater Treatment Plant. Among Scott's responsibilities were technical specifications for the procurement of the internal combustion engines and generators and for the digester gas handling and treatment system. Scott was also responsible for mechanical drawing layout and for the design of the co- generation engine support systems. Project Engineer, Phase V Water Pollution Control Facility Expansion, Encina Wastewater Authority, Carlsbad, California. Mr. Vandenburgh served as project engineering during construction of improvements to the 3.0 MW cogeneration system, including four 750 - kilowatt lean burn engine driven generators. His role included submittal review and responding to Requests for Information. Project Engineer, West Point Wastewater Treatment Plant Beneficial Use of Digester Gas, Seattle, Washington. Mr. Vandenburgh served as project engineer to study a variety of alternative uses of the digester gas at the West Point WWTP. The alternatives were based on historical and forecasted energy needs at the plant. Alternatives ranged from different technologies for converting the digester gas to heat and electricity to converting the Scott R. Vandenburgh, P.E. digester gas to pipeline quality natural gas through gas scrubbing or to liquefied natural gas through a third party. The alternatives were sized based on a balance between sunk equipment costs, size availability of alternative digester gas utilization equipment, and average expected digester gas availability. Project Engineer, Energy Master Plan, South Bayside System Authority, Redwood City, CA. Mr. Vandenburgh is serving as project engineer for an energy system master plan for SBSA's Regional Wastewater Treatment Plant, which generates electricity by fueling a cogeneration engine with gas from its three anaerobic digesters. CDM's role is to develop a master plan that helps SBSA implement a 10 -year Capital Improvement Program that improves and expands energy production, reduces overall energy demand and costs, develops high energy system reliability, is fully compliant with air and other permits, and maintains a safe workplace. Startup Engineer, St. Joseph Temperature Phased Anaerobic digestion (TPAD) Project. Mr. Vandenburgh was responsible for the development and implementation of the thermophilic digester startup plan. During the execution of this project Mr. Vandenburgh assessed the treatment plant during a site visit, and interviewed staff regarding typical operations and potential startup operations. The final startup plan was a dynamic plan providing direction on the issues that could arise during startup and how to mitigate them. The plan was holistic with regard to the St. Joseph's entire solids system, recommending operational changes that were necessary outside of the thermophilic digester. The plan also recommended testing procedures and identified acceptable ranges for test parameters. During the actual startup, Mr. Vandenburgh maintained daily communication with plant staff and analyzed operational data. Water Environment Research Foundation (WERF), Optimization of Wastewater Solids Operations. Mr. Vandenburgh is part of a team researching co- digestion as a means to reduce costs, provide revenue, and improve our environment through increases in biogas fuel production and reduction in plant energy demands from increased cogeneration capacity or decreased fuel costs through combustion of the biogas in boilers, cogeneration equipment, biosolids dryers, or even fleet vehicles. The data from our energy management research will allow for more rapid implementation and aggressive loadings after implementation so that existing assets can be fully utilized. Lead Design Engineer, Anaerobic Digestion System Design Development. Mr. Vandenburgh is developing design documents for the Brightwater Treatment Plant anaerobic digestion system for King County Department of Natural Resources and Park. The design process involved evaluating different mixing and heating technologies as well as examining digester geometry in order to provide an efficient and flexible digestion system. Responsible for coordination in the digester facility of structural, mechanical, Scott R. Vandenburgh, P.E. plumbing, civil, and architectural design teams and also coordination with adjacent building at the Brightwater site. Project Engineer, Bioenergy Master Plan and Digester Improvements, Des Moines Metropolitan Wastewater Reclamation Authority, Des Moines, IA. Mr. Vandenburgh is managing the development of a bioenergy master plan that will examine the existing anaerobic digestion infrastructure, explore potential physical modifications to make the facilities more robust and improve digestion performance, as well as the operations procedures at the WRF. These include co- digestion of commercial, agricultural, and industrial organic wastes and direct sales of biogas from the anaerobic process to local industrial customers. The plan will provide a framework with regard to future improvements that are required to improve facilities and optimize operations in order to maximize use and production of biogas. In subsequent phases of the Bioenergy Master Plan development, Mr. Vandenburgh will examine digestion enhancement technologies as well as process changes to increase biogas production and expand capacity for the expansion of the co- digestion program. In the final phase of the Bioenegry Master Plan, CDM will develop economic models of the treatment plants co- digestion program and biogas utilization system. Currently Mr. Vandenburgh is leading detailed design activities for implementation of the master plan. The first project will provide for new submerged fixed digester covers on five of their six digesters and a membrane cover for the sixth digester and new mechanical draft tube mixers in five of the anaerobic digesters. Improvements will also be made on the plants biogas handling facilities. These improvements will increase biogas storage capacities as well as eliminate bottlenecks in the biogas conveyance piping, thus allowing the WRA to capture and sell more biogas and improve the safety and reduce odors of the digestion facilities. Project Engineer, Digester Upgrade to Wastewater Treatment Plant. For Pierce County, Mr. Vandenburgh developed a planning level pre - design document to identify and select the appropriate digestion process and equipment technologies for the Chambers Creek Wastewater Treatment Plant anaerobic digestion upgrades. Design activities included preparation of plans and specifications for construction of the anaerobic digester upgrades with provisions to accommodate future conversion to temperature phased anaerobic digestion in the future. System design responsibilities include digester heating, digester circulation systems, and digester withdrawal and transfer systems. He acted as construction services engineer where he reviewed submittals, responded to RFIs, and developed engineering solutions to construction issues. >Z Tim P. Rynders, P.E. Environmental Engineer Education Mr. Rynders is a civil/ environmental engineer with five years of experience B.S. - Environmental in water treatment process engineering, hydraulic modeling, innovative Engineering, University of stormwater collection device development and testing, and erosion control Nevada Reno, 2002 and best management practices (BMP) implementation. His project responsibilities have focused on civil and process design, modeling task leader, field management, site investigation and characterization, and environmental construction management. He is proficient in H20NET, Registration SWMM5, AutoCAD, and other hydrological and hydraulic software packages, as well as the Microsoft Office suite. Professional Engineer: Nevada, 2007 Process Engineer, City of Fernley Water Treatment Plant Final Design and Bid Services /Construction Management Project. Mr. Rynders is assisting with final design of a proposed $40 million, 30 -mgd combined surface and groundwater treatment facility for the City of Fernley, NV, that will utilize Certification microfiltration membranes to remove arsenic from the groundwater. The 40 -hour OSHA training, 2003 project is on an accelerated schedule to be on -line before an EPA mandated OSHA 8 -hour update - current January 2009 deadline. He is task leader for process design of the through 2007 solids/ residuals handling, on -site stormwater retention, and granular FEMA Incident Command System activated carbon filtration. Design responsibilities also include a solids 100 and 200, 2006 process hydraulic profile, geotechnical site investigation, and numerous other elements of the civil design from pump selection to writing technical specifications. Project Engineer, Hydraulic Model, North Tahoe Public Utility District. Mr. Rynders developed a hydraulic model for the North Tahoe Public Utility District. The model was built using H2ONET 6.0 software within AutoCAD 2005 to perform hydraulic evaluations of the water distribution system. The model was calibrated and validated with system data. It was then used to perform a deficiency evaluation of the distribution system, and to provide useful guidance for the District's Capital Improvement Program. Assistant Engineer, Water Treatment Plant Conceptual Design, City of Fernley, NV. Mr. Rynders assisted with the preliminary design of a proposed 30 -mgd combined surface and groundwater treatment plant for the City of Fernley, NV. He performed bench -scale treatability studies for the project and developed the technical memorandum documenting the results and recommendations for water treatability, and to maximize arsenic removal and minimize disinfection by- products and tri -halo methane formation. Staff Engineer, Tahoe Estates Erosion Control Project, Placer County Department of Public Works. On a project that received funding from Section 7 of the Lake Tahoe Restoration Act (LTRA), Mr. Rynders is preparing design drawings, technical specifications and a hydraulic model for the final design of the Tahoe Estates erosion control project. The model I3 Tim P. Rynders, P.E. will be used in an effort to provide information on pollutant load reduction for pre- and post project. The model results could eventually be used towards a TMDL reduction credit for the client's agency. Project Engineer, Highway 267 Pilot Scale Sand Trap Retrofit Project, California Department of Transportation. Mr. Rynders is assisting with the retrofit of a Caltrans pilot environmental management plan from a large - scale filter fabric sand trap into a small footprint media filter. The retrofit will study the ability of a small - footprint roadside best management practice to remove pollutants of concern in highway runoff using various filter media. Tasks include construction management and installation of sampling and gaging equipment to oversight of field teams and providing design improvement reviews and study recommendations. Field Manager, ReTRAC Soils Management, City of Reno. Mr. Rynders provided field management and sampling support during the construction phase of work for the $282 million ReTRAC (Reno Transportation Rail Access Corridor) project that began in 2003. He managed a team of soil monitors that oversee the excavation of regulated soils within the rail corridor right-of- way. He collaborated daily with construction contractor personnel and county officials to assure local regulatory buy -in of environmental project decisions. And he successfully implemented a soil tracking system utilizing manifests to account for all loads of soil transported to the landfill for disposal. Staff Engineer, Sierra Tract Phase Two Erosion Control Design, City of South Lake Tahoe. Mr. Rynders developed hydrologic and hydraulic models for an erosion control project for the City of South Lake Tahoe, utilizing SWMM 5 and other methods. The project design successfully captured and treated the TRPA 20 -year design storm, followed the SWQIC guidelines, and provided a sequential treatment train process to treat the runoff for sensitive receiving waters. Project Engineer, Highway 267 Filter Media Effectiveness Study, California Department of Transportation. Mr. Rynders is involved in construction oversight, monitoring, and reporting for this Caltrans large - scale stormwater treatment pilot study. The project involves evaluating the effectiveness of various filter media in enhancing the removal of stormwater contaminants from highway runoff using filtration basins. His project role also includes managing field teams, report writing, and developing maintenance and operations documents for the proposed best management practice (BMP). Project Engineer, Highway 267 Pilot Scale Sand Trap Study, California Department of Transportation. Mr. Rynders assisted with evaluating a proposed Caltrans BMP utilizing filter fabric to remove pollutants of concern in highway runoff. This three -year study included monitoring, data evaluations, and reporting. He was involved with providing installation of I L� Tim P. Rynders, P.E. sampling and gaging equipment, overseeing field teams, and providing design improvement and study recommendations. Project Engineer, Tahoe Basin Stormwater Quality Characterization Study, California Department of Transportation. Mr. Rynders performed stormwater sampling for this three -year monitoring study for Caltrans to characterize stormwater runoff from highways in the Lake Tahoe area. The data was used to establish baseline of water quality information. The Lake Tahoe portion of the program has also focused on developing and testing field methods for high elevation and cold weather monitoring. Field Research, University of Nevada at Reno. Mr. Rynders traveled to Chile on a grant from the National Science Foundation to conduct evapotranspiration measurements and energy balances in the mining region of San Pedro de Atacama. The study aimed at identifying the issues of a developing nation in the pursuit of an equitable distribution of their water resources. He developed a paper on arsenic speciation and occurrence using atomic adsorption and a USGS ion exchange kit that was used for water sampling in Chile. USFS, South Lake Tahoe, CA. Mr. Rynders worked on Lake Tahoe clarity projects ranging from constructing hydrological erosion control systems to various urban lot management techniques such as slope stabilization and habitat restoration, and re- establishing natural drainage flow paths. 15- Lead Instrumentation and Controls Engineer, East Cherry Creek Valley Water and Sanitation District ( ECCVWSD) Northern Water Supply System Project, 2004 to 2007. Mr. Robinson led the development of instrumentation and controls for two 3.0 mgd booster pump stations transporting blended surface and well water over a distance of 30 miles. He was also responsible for the integration of new well-site remote SCADA nodes into the existing ECCVWSD SCADA system. The design effort included coordination with �i /L John M. Robinson, P.E. Senior Instrumentation and Controls Engineer Mr. Robinson has 25 years of experience developing and implementing Education instrumentation and control systems for small, medium, and large M.S. - Chemical Engineering, automated processes, of which eighteen have specialized in water and Massachusetts Institute of wastewater treatment. Technology, 1981 B.S. - Chemical Engineering, Mr. Robinson's experience includes project justification, project management, B.A. - Spanish, University of project engineering, Y2K audits and training, instrumentation specification, Colorado, 1977 control logic development for Programmable Controller Systems (PLC) and Distributed Control Systems (DCS), application programming, field startup, Registration troubleshooting, operator training, and pilot plant operation. Professional Engineer: Colorado, 1990 Lead Instrumentation and Controls Engineer, Metropolitan Wastewater Reclamation District of Denver, Colorado (MWRD) Disinfection Improvements Project, 2005 to Present. The existing chlorine and sulfur dioxide disinfection system is being replaced by a sodium hypochlorite and sodium bisulfite disinfection system. Key to implementation of the liquid disinfection design is a highly reliable control scheme that utilizes an ABB 80OXA Distributed Control System (DCS). The design effort included extensive interaction with operations personnel at the district in developing Exp best design approach and identifying potential operating hazards with the new system. The design includes integration of a new control unit with the • 25 years of Water/Wastewater existing DCS, detailed design of electrical schematics, ISA style loop Control Systems Engineering drawings, instrument specification, and detail description of the software • Lead Project Engineer for five major configuration requirements. MWRD Central Treatment Plant staff will control systems retrofit projects program the DCS, with CDM providing an on -site I &C specialist during • Lead Instrumentation Engineer construction. • Startup Engineer, lead instrumentation, and controls Lead Instrumentation and Controls Engineer, City of Fort Worth, Texas, engineer for the ECCVWSD, Eagle Mountain Water Treatment Plant Phase 3 Improvements 2004 to responsible for the pump station Present. Mr. Robinson served as the lead I &C design engineer for Phase 3, controls and SCADA system. and led the I &C construction services effort. A feature of the upgraded • Twenty five years of experience control system is that a serial telephone modem link to the raw water supply developing and implementing pump station was replaced with a T -1 link having seamless radio backup. instrumentation and control systems The Eagle Mountain 40 mgd expansion project was designed, bid, constructed and commissioned in a period of less than three years. Mr. Robinson worked to maintain I &C and network design standards that were established during the Fort Worth Rolling Hills upgrade projects. Lead Instrumentation and Controls Engineer, East Cherry Creek Valley Water and Sanitation District ( ECCVWSD) Northern Water Supply System Project, 2004 to 2007. Mr. Robinson led the development of instrumentation and controls for two 3.0 mgd booster pump stations transporting blended surface and well water over a distance of 30 miles. He was also responsible for the integration of new well-site remote SCADA nodes into the existing ECCVWSD SCADA system. The design effort included coordination with �i /L John M. Robinson, P.E. permitting agencies, radio and T -1 communications media, system design, process and instrumentation (P &ID) diagrams, loop specifications, instrumentation specifications, Remote Telemetry Unit (RTU) specifications and Human- Machine Interface (HMI) specifications. Lead Instrumentation and Controls Engineer, City of Fort Worth, Texas, Rolling Hills Water Treatment Plant Improvements 2001 to 2004. Mr. Robinson provided engineering support during construction for Phase 1 and Phase 3 of the ongoing improvements projects, including submittal review, test witnessing, startup witnessing, and change order preparation. He also served as the lead design engineer for Phase 3 and developed the control system architecture, control loop schematic drawings, instrumentation specifications, overall control system specification, and identified the network upgrades required by the city. Mr. Robinson worked closely with the Fort Worth Water Information Technology group to implement a design that successfully integrated the plant control system with the upgraded network infrastructure. Startup Engineer, East Cherry Creek Valley Water and Sanitation District (ECCVWSD) Western Pump Station and SCADA. Mr. Robinson was responsible for checkout and commissioning of ECCVWSD's pump station controls and Supervisory Control and Data Acquisition (SCADA) system. After commissioning of the instrumentation and controls system, Mr. Robinson was responsible for startup of the Western Pump Station. His responsibilities included startup planning, coordination of contractor activity related to startup, and owner training. Lead Instrumentation and Controls Engineer, East Cherry Creek Valley Water and Sanitation District (ECCVWSD) Western Pump Station, Pipeline, and SCADA. Mr. Robinson led the development of instrumentation and controls for a 28,000 - gallon per minute pump station transporting well water over a distance of 14 miles. He was also responsible for the design of a SCADA system unifying two legacy systems into a 70 -site system that serviced well sites at both ends of the pipeline. His effort included radio path study, system design, process and instrumentation (P &ID) diagrams, loop specifications, instrumentation specifications, Remote Terminal Unit (RTU) specifications and Human- Machine Interface (HMI) specifications. Lead Instrumentation Engineer, Construction Services, City of Gallup, New Mexico Wastewater Treatment Facilities Phase IA Expansion, and City of Fort Worth, Texas, Eagle Mountain Water Treatment Plant 30 mgd Expansion. Mr. Robinson was the lead instrumentation engineer for construction services at two treatment facilities. His responsibilities included submittal review, test witnessing, startup witnessing, and change order preparation of the instrumentation and controls functions of these projects. Instrumentation Consulting, Denver International Airport Industrial Waste Containment Upgrades. Mr. Robinson supported various 17 John M. Robinson, P.E. modification efforts conducted by CDM relating to the waste containment upgrades. His support included consultation on level, flow, and Biochemical Oxygen Demand (BOD) monitoring. Lead Instrumentation and Controls Engineer, Denver Water's Marston Water Treatment Plant Filter Improvements Project. Mr. Robinson developed process and instrumentation (P &ID) diagrams, input /output (I /O) lists, loop specifications, analog subsystem specifications, instrumentation specifications, and computer subsystem specifications. Lead Project Engineer, Year 2000 Efforts. Mr. Robinson served as lead engineer in certification of Y2K readiness for Metro Wastewater Reclamation District's plant process control system and supporting instrumentation. He trained project teams in Y2K methodology and served as senior quality assurance reviewer for the vendor compliance inquiry effort. Mr. Robinson also conducted Y2K audits of fossil power plant control systems in southern United States. Industrial Engineer, United States Mint, Denver, Colorado. Mr. Robinson was responsible for process improvement projects utilizing PLC Automation and SCADA. He prepared and delivered a major project justification to U.S. Mint headquarters senior management. Software Project Manager, South Austin Regional Wastewater Treatment Plant (SARWWTP) Control System Upgrade. Mr. Robinson served as software project manager for the PLC -based control system upgrade of this 1800 -point facility. He was responsible for leading a four - person configuration team, coordinating with the installation effort, and coordinating with the control system supplier. System architecture included a supervisory system featuring Modicon 984/685 PLCs, Modbus+ data highway, VME -bus gateway, Ethernet, and host units consisting of seven SPARC20 workstations. Lead Engineer, City of San Francisco Bayside Computer Control System Upgrade Software Predesign Study and Preliminary Software Design Effort. The upgrade replaced an obsolete computer control system with a new Foxboro I/A distributed control system. The new system integrated existing controls with controls for new construction projects. Mr. Robinson was also responsible for coordinating with the equipment installation design effort. He supervised a six- person team that developed and tested software standards, trained operations personnel in the use of the DCS, implemented control strategies, and implemented process reports. Lead Engineer for Control Logic Development of a 4000 -Point Distributed Control System (Johnson - Yokogawa XL /SCADA), City of Fort Worth's Village Creek Wastewater Treatment Facility. Mr. Robinson organized a project team to develop software specifications, evaluate contractor bids, review contractor submittals, and coordinate decisionmaking between owner, engineer, and contractor. He performed field observation, test cm A John M. Robinson, P.E. witnessing, and participated in the successful startup of the XL /S system. He maintained the budget and schedule on the software portion of the upgrade project. Instrumentation and Controls Engineer, Miscellaneous Projects. Mr. Robinson served as instrumentation and controls engineer for studies and design projects involving small- to medium -size (less than 1,000 input /output [I /O]) control systems and SCADA projects. Tasks have involved development of process and instrumentation diagrams (P &ID), 1/0 lists, loop specifications, analog subsystem specifications, instrumentation specifications, PLC specifications, and computer subsystem specifications. Mr. Robinson has been responsible for coordination of project deliverables among technical disciplines (civil, structural, mechanical, electrical, instrumentation and control) and review of contractor submittals. Process Data Acquisition and Reporting (PDAR) System Analyst, Johnston Atoll Chemical Agent Destruction System QACADS) Project. Mr. Robinson completed an 18 -month field assignment as system manager and lead analyst for a 2 -unit VaxCluster running VMS 5.5, known as the PDAR computer. He was responsible for maintaining custom FORTRAN legacy code and keeping all systems running. Mr. Robinson prepared the justification and coordinated the purchase of new server equipment to replace the old PC interface computer. i Control Systems Engineer, Johnston Atoll Chemical Agent Disposal x System (JACADS) Project. Mr. Robinson was responsible for developing a custom data acquisition and report generation software package running on a dedicated VAX 11/750 data acquisition computer. Real -time information on 6,000 discrete and 1,200 analog points was brought into the VAX via a gateway on an Allen- Bradley Data Highway II LAN. Mr. Robinson also developed control logic for a dunnage incinerator. Mr. Robinson spent 40 weeks in the field engaged in the startup of incineration furnaces, boilers, hydraulic power systems, scrubber towers, and on -line analyzers controlled by PLCs. \+m 4 Z • Wastewater Treatment Plant Design Project Delivery Manager, Hutchinson Pump Station Design -Build Project, • Pumping System Design Aurora Water, Colorado. Mr. Armstrong planned and oversaw project • Project and Program Management execution of a design -build replacement of a major irrigation pump station. The project included a new intake from Hutchinson Pond and a new facility including caisson wetwell, vertical turbine pumps, water filter, controls, manifold and piping and new housing structure to City code and standards. Construction cost: $1 million. Technical Advisor, Koloa -Poipu Regional Wastewater Reclamation Facility Basis of Design Report, Aqua Engineers /A &M Properties, Kauai, Hawaii. Mr. Armstrong provided technical consultation for a new WRF on the Island of Kauai to occur in phases, from 0.6 mgd to 1.7 mgd ADF based on successive development milestones. Selection of the appropriate wastewater treatment process train alternatives were determined based on meeting three objectives: 1.) produce R -1 Effluent for recycling, 2.) comply with requirements of DOH's UIC rules; and 3.) reduce the effluent total nitrogen concentration to less than 10 mg /1. The WRF should consider controls to minimize noise, odors and vehicle traffic and should incorporate aesthetic design features that will make it attractive to minimize visual impacts and in Robert G. Armstrong, P.E. Vice President Mr. Armstrong has over 20 years of diverse environmental engineering Education experience. This includes water and wastewater transmission, pumping, and B.S. - Civil Engineering, treatment systems design and construction; solid waste management; University of Connecticut, 1990 environmental studies and assessments; wetlands studies and mitigation programs; water and air quality analyses and permitting; hydrogeological investigations and injection and monitoring well design, construction and Registration permitting; value engineering; and alternative project delivery, including Professional Engineer: design- build. His experience has involved expanding technical, project Hawaii (1995), Colorado, Nevada management, and client service management roles and responsibilities in planning, design and construction management and program management activities for municipal clients on design projects that ranged to $30 million; construction projects that ranged to $200 million; and programs approaching $0.75 billion. Project Manager, Aurora Reservoir Water Purification Facility, Prairie Waters Project, City of Aurora, Colorado. Mr. Armstrong managed concept development, preliminary and final design through 60 percent for the Aurora Reservoir Water Purification Facility planning and design ($200 million total project cost). The state -of- the -art facility is designed to provide a multiple barrier treatment train to ensure removal or elimination of taste and odor, hardness, pathogens (2.5 log Cnjptosporidium inactivation), and organics, including micro - pollutants such as NDMA. The process train included enhanced coagulation, precipitative softening, ultra- violet advanced Experience Highlights oxidation (using hydrogen peroxide with UV to ensure photolysis and hydroxyl radical oxidation), biological filtration, granular active carbon ■ Business Unit and Division adsorption. The new ARWPF works in concert with the existing Wemlinger Management WTP to provide treatment and blending of two principal water sources. • Wastewater Treatment Plant Design Project Delivery Manager, Hutchinson Pump Station Design -Build Project, • Pumping System Design Aurora Water, Colorado. Mr. Armstrong planned and oversaw project • Project and Program Management execution of a design -build replacement of a major irrigation pump station. The project included a new intake from Hutchinson Pond and a new facility including caisson wetwell, vertical turbine pumps, water filter, controls, manifold and piping and new housing structure to City code and standards. Construction cost: $1 million. Technical Advisor, Koloa -Poipu Regional Wastewater Reclamation Facility Basis of Design Report, Aqua Engineers /A &M Properties, Kauai, Hawaii. Mr. Armstrong provided technical consultation for a new WRF on the Island of Kauai to occur in phases, from 0.6 mgd to 1.7 mgd ADF based on successive development milestones. Selection of the appropriate wastewater treatment process train alternatives were determined based on meeting three objectives: 1.) produce R -1 Effluent for recycling, 2.) comply with requirements of DOH's UIC rules; and 3.) reduce the effluent total nitrogen concentration to less than 10 mg /1. The WRF should consider controls to minimize noise, odors and vehicle traffic and should incorporate aesthetic design features that will make it attractive to minimize visual impacts and in Robert G. Armstrong, P.E. blend in with the existing Koloa Mill. CDM identified five secondary treatment alternatives as possible systems that would be suitable for implementation at the WRF: conventional activated sludge- extended aeration (CAS); sequencing batch reactor (SBR); membrane bioreactor (MBR); moving bed bioreactor /integrated fixed -film activated sludge (MBBR /IFAS); and Advanced Ecological Engineering Systems (AEES). Project Manager, PAR 942 - North Secondary Complex Improvements Value Engineering (VE) Study, Metro Wastewater Reclamation District, Denver, Colorado. As VE team leader, Mr. Armstrong presented 11 VE proposals for the District and the design engineer to consider for implementation in the PAR 942 final design documents. These proposals were intended to reduce, eliminate or defer capital cost expenditures as presented by the design engineer in the preliminary design documents and final design report documents. Through the collaborative efforts completed by the District, the VE team, and the design engineer, reduced the construction capital costs by $7.2 million and total project costs by $9.1 million when including the project contingencies and engineering fees. Senior Technical Advisory, Southwest Water Reclamation Facility, City of Henderson, Nevada. Mr. Armstrong served in the technical and QA /QC role during final design of an 8 -mgd ADF wastewater treatment /water reclamation facility in an established, developed area, with site constraint, odor control and aesthetic concerns. The WRF will employ coarse and fine screening, grit removal, activated sludge /BNR bioreactors, membrane bioreactors (MBRs) and ultraviolet disinfection. The facility will incorporate a state -of -the -art SCADA system and will be capable of remote operation. Project Manager, Dissolved Air Flotation (DAF) Rehabilitation Project (PAR 861), Metro Wastewater Reclamation District, Denver, Colorado. Mr. Armstrong managed the planning, predesign and final design phases of a major rehabilitation project on the DAF process building. The project included modernization or replacement of DAF equipment, in -plant waste pumping station, DAF polymer system, HVAC and odor control, electrical, instrumentation and controls, and upgrades to overall building structure and improvements to working environment including adherence to NFPA 820 and other standards of care and codes. He also managed the development of a bypass and sequencing plan that allowed the facility to remain active during construction. Project Manager, J.D. Phillips (Northern) Water Reclamation Facility - Final Design Phase, Colorado Springs Utilities, Colorado. Mr. Armstrong managed the final design of this 30 -mgd wastewater treatment/ water reclamation facility, including plant headworks: (1) flow metering; (2) screening, removal, washing and compaction systems; (3) grit removal and classification; (4) hydraulics; and (5) odor control. The project also included the design and selection of UV disinfection and plant wide odor control systems; and oversight of plantwide electrical, instrumentation and controls design and implementation. This state -of- the -art facility in addition required significant mitigation efforts to eliminate adverse sound, odor and aesthetic Robert G. Armstrong, P.E. impacts to the community because of its location within heavily developed areas. Project Manager, South Secondary Mechanical Upgrades Predesign (PAR 753) and Design and Construction (PAR 791) Phases, Metro Wastewater Reclamation District, Denver, Colorado. Mr. Armstrong was responsible for the planning study to recommend improvements to the South Complex secondary clarifier scum collection system and dewatering wells. The ensuing design included scum removal mechanism improvements to ten secondary clarifiers plus major modifications to four scum pumping stations and scum transmission piping and involved pump selection, new wetwells, and control strategy modifications. The implemented design recommendations also included modifications to five dewatering wells (structural modifications and new pumping systems) and return activated sludge (RAS) piping replacement (18- to 42- inch- diameter). He also managed the construction phase including oversight of resident project representative (RPR), engineering services, and support during construction; and startup, training, and record and facility drawing preparation. Project Manager, PAR 733 - Main Channel Improvements - North Secondary Aeration Basins, Metro Wastewater Reclamation District, Denver, Colorado. Mr. Armstrong managed the planning and design phases for the project and provided engineering support during construction and preparation of record and facility drawings for this major rehabilitation of the 625 -foot long, 10-foot wide aeration basin feed channel in the North Complex. The project involved demolition of corroded concrete and air header along the length of the channel, which could not be taken out of service. The work also included removal of an existing air mixing system and replacement with floating mechanical mixers and other improvements such as grating and new air lines over the length of the channel, as well as instrumentation and control upgrades and coordination. The project also involved challenging construction sequencing and strategies. Project Manager, Ely WWTP Modification, Ely Public Utilities Commission, Minnesota. Mr. Armstrong managed the major modifications to the 0.7/7.2 mgd facility on Shagawa Lake in Northern Minnesota. The modifications included new preliminary and primary treatment facilities and processes; a new on -site pumping station; a new secondary treatment process (activated sludge with Bio -P); improved secondary sedimentation; a new DAF system; new upflow continuous backwash effluent filters; and new plant instrumentation and controls. The project required interfacing with regulatory agencies; the preparation of bid documents, and engineering support services during construction, including startup and training. Project Engineer and Project Manager, Lahaina Wastewater Reclamation Facility Expansion, County of Maui, Hawaii. Mr. Armstrong provided management, design, and engineering services during construction for stage I expansion of Lahaina Wastewater Reclamation Facility. The modifications included capacity expansion from 6.7 mgd to 9 mgd, fine bubble diffuser installation in an existing aeration basin, addition of aeration basin with Of—d . Robert G. Armstrong, P.E. selector capability, new secondary clarifier and RAS pumping facilities, onsite pumping systems, new odor control, and new filtration (continuous backwash, upflow), ultraviolet disinfection (Trojan) and reuse water (R -1) transmission facilities. Project Engineer, Kihei Wastewater Reclamation Facility Expansion, County of Maui Wastewater Reclamation Division, Hawaii. Mr. Armstrong helped design the odor control, LTV disinfection, filtration (continuous backwash, upflow), pumping and ancillary facilities, including office engineering during construction, for the expansion of the 6 -mgd wastewater reclamation facility in Kihei, Maui, Hawaii. Project Manager, Hart Street Pumping Station Preliminary Engineering Report, City and County of Honolulu, Hawaii. Mr. Armstrong managed the issuance of a preliminary design and engineering report (PER) for the rehabilitation of a 96 -mgd wastewater pumping station in Honolulu. The proposed major wetwell and electrical control modifications that lead to increased reliability, redundancy and ease of operation. The PER included a preliminary design for an augmentative 60 -mgd diversion pumping station and associated piping and controls. Project Manager, Pumping Station and Force Main Life Expectancy Study, County of Maui, Hawaii. Mr. Armstrong oversaw activities associated with assessing condition of fifteen pumping stations and wetwells, and associated force mains. The study included facilities inspection and testing, corrosion assessment, and recommendation for rehabilitation, and corrosion control and prevention alternatives. Project Manager, Reclaimed Water Pumping Station and Force Main Design, County of Maui Wastewater Reclamation Division, Hawaii. Mr. Armstrong managed the design and construction of a 3 -mgd reclaimed water pumping station, reservoir and force main in Lahaina, Maui. Project Manager, Pump Station Modifications, County of Maui Wastewater Reclamation Division, Hawaii. Mr. Armstrong provided design and office engineering services during expansion and improvements construction to six wastewater - pumping stations in Kihei, Maui, Hawaii. The project included bifurcation of existing wetwells; creating new pumping capacity; instrumentation and control upgrades; and provisions for standby and backup capacity using removable submersible pumps. Project Engineer, Lower Kula Water Treatment Plant, Maui Department of Water Supply, Hawaii. Mr. Armstrong provided engineering design services during construction of a new 6 -mgd direct filtration water treatment plant. Technical Reviewer, Woodbury Lift Station Design, St. Paul, Minnesota. CDM provided design and construction management services for the Woodbury lift station and the routing of 7,500 linear feet of a 72 -inch tunnel for the Metropolitan Council Environmental Services. Mr. O'Donnell was responsible for providing technical guidance and input, especially for pump selection. Technical Advisor, Design and Construction Services, New Pump Station and Piping, Albuquerque Water Reclamation Plant, New Mexico. Mr. O'Donnell evaluated existing pump stations and piping and provided design and construction services. The project included alternative evaluation of pumping types and economic analysis as well as variable and constant speed pumps, large diameter pipe and valves, and special interconnections with the existing facilities. Eight new submersible pumps (21 mgd and 200 hp each) were installed in a single large dry well structure with separate, interconnected wet wells and odor scrubbing. The five variable speed and three constant speed pumps serve two different pressure /flow systems of 84 and 62 mgd, respectively. VE Team Member, Biological Nitrification/Denitrification Additions, Wastewater Reclamation/Activated Sludge Plant, Albuquerque, New Mexico. Mr. O'Donnell led the process and mechanical portions of this cm O'Donnell William J. O'Donnell, P.E., BCEE Associate Mr. O'Donnell has 33 years of environmental engineering experience, Education including 29 years of experience with CDM. His career has focused on the B.S. - Civil Engineering, evaluation, planning, design, and services during and following construction Manhattan College, 1970 for site remediation and new and upgraded water and wastewater treatment, Environmental Engineering conveyance/ pumping, pipelines, and related facilities. Graduate Work, University Denver & N.Y. U. Mr. O'Donnell serves as the lead engineer for the Central Division and as a Cold Regions Engineering, senior technical resource for the entire CDM organization. He also serves as University of Washington Central Division's quality manager. He helped develop and implement (and 40 hours Health and Safety continues to upgrade) CDM standards, quality assurance/ quality control Training Course (QA/ QC), and internal/ external technology transfer programs. Registration Mr. O'Donnell has been responsible for several hundred projects involving water, wastewater, industrial/ hazardous and solid wastes, residuals/ Professional Engineer: sludges and stormwater. Projects have included innovative and traditional Colorado (1975), Nevada technologies, facilities, and project delivery systems. His expertise includes site and facilities investigations and evaluations; development, evaluation and selection of alternatives and processes; studies and reports; designs with production of design memos analysis, contracts, drawings and specifications (both prescriptive and performance- based); cost estimating; procurement/ bidding, conventional construction, turnkey design/ construction, startup and O &M services; troubleshooting; and value engineering (VE). Technical Reviewer, Woodbury Lift Station Design, St. Paul, Minnesota. CDM provided design and construction management services for the Woodbury lift station and the routing of 7,500 linear feet of a 72 -inch tunnel for the Metropolitan Council Environmental Services. Mr. O'Donnell was responsible for providing technical guidance and input, especially for pump selection. Technical Advisor, Design and Construction Services, New Pump Station and Piping, Albuquerque Water Reclamation Plant, New Mexico. Mr. O'Donnell evaluated existing pump stations and piping and provided design and construction services. The project included alternative evaluation of pumping types and economic analysis as well as variable and constant speed pumps, large diameter pipe and valves, and special interconnections with the existing facilities. Eight new submersible pumps (21 mgd and 200 hp each) were installed in a single large dry well structure with separate, interconnected wet wells and odor scrubbing. The five variable speed and three constant speed pumps serve two different pressure /flow systems of 84 and 62 mgd, respectively. VE Team Member, Biological Nitrification/Denitrification Additions, Wastewater Reclamation/Activated Sludge Plant, Albuquerque, New Mexico. Mr. O'Donnell led the process and mechanical portions of this cm O'Donnell William J. O'Donnell, Jr., P.E., BCEE Honors /Awards Board Certified Environmental Engineer, American Academy of Environmental Engineers Member, Industrial Facilities Task Force Reviewer for WPCF Treatment Plant Design Manual Update Appointed to Technical Group for Pumps and Hydraulics formal VE exercise. The plant biological nutrient removal portion was approximately 70 mgd. The VE study centered on maximizing the existing basin and aeration system usage, minimizing the redundant process usage, enhancing fast track construction scheduling, and providing optimum operator control. Principal Engineer, Biological Nutrient Removal Additions at Longmont Wastewater Treatment Plant (WWTP), Colorado. Mr. O'Donnell provided technical review of the design report and bidding documents for new nitrifying trickling filters and attendant pump stations, blowers and existing plant modifications, including special hydraulic, filter snail and cold weather requirements. Named to Technical Reviewers Project Manager and Assistant VE Team Leader, Littleton/Englewood Group WWTP Upgrades, Colorado. For this 30 -mgd facility, Mr. O'Donnell completed the design/ upgrade of raw sewage and sludge pumping, trickling filters, nitrification systems, and odor control. Project/Principal Engineer, Design of Wastewater Conveyance and Pumping Facilities, Eastern Municipal District, California. Mr. O'Donnell prepared the preliminary design report for 10 kilometers of 500- to 1,800 -mm (18- to 60 -inch) diameter sewers and force mains, and two pump stations. The project included developing and evaluating route/ sizing alternatives, hydraulic evaluation, and developing design criteria. Assistant Project Manager, Design and Services during Construction for Additions and Upgrades, Walnut Creek WWTP, Austin, Texas. Mr. O'Donnell was responsible for the design and preparation of bidding documents for the expansion of this tertiary WWTP from 40 to 60 mgd, including addition of medium bubble diffusers, aeration, nitrification, and wastewater filtration. Principal Engineer, Hornsby Bend Sludge Processing Plant Additions/ Upgrades, Austin, Texas. Mr. O'Donnell provided evaluation, design, and preparation of plans and specifications for additions and upgrades at this sludge processing plant, including belt thickeners units, belt filter press dewatering units, and special material handling and chemical feed considerations. Senior Engineer, Construction Services for Delgany Interceptor III, Metro Wastewater Reclamation District, Denver, Colorado. Mr. O'Donnell provided construction services for 3,000 feet of 60- to 72 -inch diameter sewers through a congested urban area with a jacked river crossing. VE Team Member, Blue Plains WWTP, Washington D.C. Water and Sewer Authority (WASA). Mr. O'Donnell assisted with value engineering for WASA on eight projects at the Blue Plains WWTP that were part of a $1.7 billion program to upgrade the water and sewer system in Washington, D.C. 25 William J. O'Donnell, Jr., P.E., BCEE Technical Advisor, Willows Pump Station and Pipeline, East Cherry Creek Valley District, Colorado. Mr. O'Donnell served in a key technical role for the study and design, construction and startup of this 40- million - gallons -per- day (mgd) finished water pump station and 14 miles of pipeline in the Denver suburban area. The project included detailed hydraulic evolution of capacity, suction, and high - pressure discharge scenarios. Technical Reviewer, Marston Water Treatment Plant (WTP) Improvements, Denver, Colorado. Mr. O'Donnell served as a key technical advisor for chemical systems, hydraulics and process mechanical and related design items for the filter backwash and washwater recovery pumping systems for the Marston WTP facility upgrades. This project includes the demolition and reconstruction of Filter Plant No. 1, new chemical systems, new backwash blowers and pumping and washwater recovery pumping systems, and associated yard piping, electrical and instrumentation systems. Technical Reviewer, Miramar WTP Upgrade/Expansion Project, San Diego, California. The City of San Diego Water Department selected CDM to provide design and construction phase services for the Miramar WTP upgrade/ expansion project. The Miramar WTP is being upgraded and expanded from its 140 -mgd treatment capacity to an interim capacity of 215 mgd, with provisions for ultimate capacity of 275 mgd. Mr. O'Donnell was responsible for special review of the upgrade and new flocculation and sedimentation basins including plate settlers. Technical Advisor, Allen WTP Renovation Project, Englewood, Colorado. This project included renovating the existing filter complex and connecting it to a new pretreatment building for this 30 -mgd existing facility. A new dewatering building was also designed, including the retrofit of new chemical tanks and systems; reconfiguration of the filter media and piping; new backwash blowers and piping; new irrigation ditch supplemental raw water intake; revised and additional yard piping; roadway reconfiguration and paving; and extensive building repairs. Technical Advisor, Plateau Creek Pipeline Replacement Project, Grand Junction, Colorado. CDM was responsible for the permitting and design of a pipeline replacement project for the Ute Water Conservancy District. The project involved preliminary and final design to replace an existing 24 -inch diameter raw water gravity RCCP pipeline with a 48- and 54 -inch welded steel pipeline to convey raw water from the district's reservoirs to its WTP. Mr. O'Donnell served as technical advisor and QA/ QC reviewer. Technical Advisor, Semper WTP Clearwell Replacement Project, Westminster, Colorado. To confront potential threats of water shortages in its community, the City of Westminster selected CDM to design and construct a buried, 5- million gallon, circular, post- tensioned concrete treated water reservoir to replace an existing tank that had failed. Mr. O'Donnell provided technical review and input on the complicated flexible piping connections. cm _ L. Thomas Warriner, P.E., CEM, LEED AP Principal /Senior Mechanical Engineer Education Mr. Warriner has over 25 years of experience as a senior mechanical engineer B.S. - Mechanical Engineering, managing projects and designing mechanical systems for buildings including Seattle University, 1983 HVAC, controls, plumbing, and fire protection. He provides leadership and direction for the building mechanical groups throughout CDM. He is responsible for all facets of building mechanical design from pre - design activities like developing the project scope with the client through project Registrations startup and commissioning. He has worked on a variety of building types, Professional Mechanical including industrial, municipal, educational and commercial. Engineer, California, Washington (1990), Wisconsin, Mr. Warriner's specialized experience includes code analysis, hazardous Arizona, Texas, Oregon, and occupancies, specialized fire protection systems, energy management and Nevada conservation, and building controls. He has 7 years of energy management experience, and has personally completed over 100 energy audits for industrial, commercial and institutional utility customers. He was responsible for setting the analysis methodology Certifications and performing quality control. Leadership in Energy and Environmental Design While with CDM, Mr. Warriner has completed the following projects: Accredited Professional, 2005 California Certified Energy Project Manager, Sandia National Laboratory, Livermore, CA. Mr. Plans Examiner, 2006 Warriner managed the multi discipline design of a 4000 square foot security Certified Energy Manager, 2007 suite. The suite contains seven offices, a computer room, a separate communications room, and a network operations center. The computer room used a high density cooling system because of the expected high cooling requirement for the equipment. The project also included a new VAV system, new air handlers and, a new emergency generator. The project was completed in two phases, with one project covering the architectural remodel, and fit-up for the computer systems. The second project covered the hook -up, installation of the special systems to adapt the suite to its final use. The project was completed as a fast track project, with both phases of design being completed in less than 10 weeks. Project Manager, Lockheed Martin, San Jose CA. Mr. Warriner managed the HVAC design for an upgrade to the San Jose Campus. There were two separate projects involved. The first project was the subdivision of a 27,000 square foot floor into five secure suites. This project included rezoning the VAV system to ensure only one supply duct entered each suite, and that no ductwork crossed from suite to suite. The second project was the expansion of a secure conference room to accommodate up to 100 people. This project involved the installation of supplemental cooling, and a demand ventilation system. i f� 27 L. Thomas Warriner, P.E., LEED AP Design Engineer/Manager, Multiple Membrane Wastewater Treatment Plant Projects, Various Locations. Mr. Warriner has provided both design and management of the design for multiple small wastewater treatment plants using membrane technology, including plants in Bullhead City Arizona, Buckeye, Arizona, Williams, Arizona, Duckett Creek, Missouri. Project Engineer, US Coast Guard CAMSPAC Receiver Station. Mr. Warriner completed an analysis of the HVAC systems for this critical facility. The facility contained a communications room, which was full of sensitive computer and radio equipment. The existing HVAC system was undersized and failing due to age. The building is a strategic, high reliability site located within 200 yards of the ocean. It is subjected to the corrosive effects of the salt air. Mr. Warriner evaluated HVAC system replacement alternatives and recommended a system that reduced the energy cost for the facility by $26,000 per year. The recommended system used water cooled D/X computer room units with an integral direct water cooling coil. This system allows free cooling anytime the outdoor temperature is below 65 degrees. It also satisfied the requirement of minimal outside air and increased system reliability. Technical Reviewer, King County Metro, Ryerson Bus Barn IAQ and Ventilation, Bellevue, Washington. Mr. Warriner reviewed and commented on a report concerning applicability of using a non specific VOC sensor to control S02 concentrations, in conjunction with a particulate sensor to control PM2.5. He validated that this approach could be used to maintain an atmosphere which does not exceed OSHA concentrations for indoor air pollutants while decreasing the ventilation rate below the code minimum 1.5 cfm per square foot. Project Manager, Omega Skateland IAQ, Whittier, CA. Mr. Warriner worked in conjunction with the CDM environmental group to determine the causes of high concentrations of pollutants inside the Skateland building. The causes of the contamination were determined to be soil vapor intrusion, as well as the solvents in the roller rink finish, and chemicals in the automatically dispensed air freshening system. The concentrations built up in the space because the outdoor air ventilation rates were very low. Project Manager, Fernley Water Treatment Plant, City of Fernley, NV. Mr. Warriner managed the mechanical design of the Fernley WTP, a 40 MGD membrane plant. The facilities included an Administration Building, Filtration Building, High Lift Pump Station Building, and Chemical Storage Building. Project Manager, Brentwood WTP, Contra Costa Water District. Mr. Warriner managed the mechanical design for the CCBWTP. This project included an operations Building /Ozone Generation Room, and an adjacent chemical storage building. L. Thomas Warriner, P.E., LEED AP Project Manager, Skinner Water Treatment Plant, Metropolitan Water District. Mr. Warriner managed the mechanical design effort for this major retrofit of a 520 mgd water treatment plant. The design includes a new 29,000 square foot ozone generation and control building, as well as a contactor structure, a new switchgear building and other ancillary buildings. Mr. Warriner also coordinated the submittal and approval of the drawings to the Riverside County Fire Department (RCFD), and successfully negotiated five AMMs. Approval was expedited by creating a 100 drawing subset of the 1500 drawing construction documents for submittal to RCFD. The subset included explanations of the code issues, and demonstration of how the design met the applicable codes. Project Manager, Diemer Water Treatment Plant, Metropolitan Water District. Mr. Warriner managed the mechanical design effort for this major retrofit of a 450 mgd water treatment plant. The design includes a new 32,000 square foot ozone generation and control building, as well as a contactor structure, a new switchgear and electric distribution building, a new 4500 kW emergency generator plant and other ancillary buildings. Project Manager, City of Sioux City WWTP Upgrades. This project included a new headworks and solids handling building, renovations to the administration building, improved tunnel ventilation, and other improvements to bring the plant into compliance with NFPA 820 and the 10 states standard. This project was completed as a fast track project, using the resources of 4 offices. Project Manager, City of Sioux City WWTP Digesters Upgrade. This project included replacement of the sludge and HVAC heating equipment in two digester control buildings. Project Manager, Secondary Activated Sludge Facility, Orange County Sanitation District. Mr. Warriner managed the HVAC and plumbing design for a new blower building with a control room, new aeration basins and new clarifiers for the 60 -mgd secondary treatment plant. The design includes NFPA 820 ventilation for the clarifier galleries, cooling ventilation for the aeration blowers, and air conditioning for the five electrical and MCC rooms. Project Manager, Odor Control Facilities Rehabilitation, Orange County Sanitation District. Mr. Warriner managed the ductwork design for the odor control facilities rehabilitation. The project includes new ductwork, supply and exhaust fans for the bar screen building and bin loading building, new booster fans for the metering structure, grit chambers, two pump stations old headworks and 31 primary sedimentation basins. Project Manager, Camp Pendleton SRTTP. Mr. Warriner managed the HVAC, plumbing and fire protection for a new tertiary treatment plant serving the Camp Pendleton Marine Corps base. The project was completed using the Design/ Build project delivery method. 0 L. Thomas Warriner, P.E., LEED AP Project Manager Miscellaneous Sanitary Pump Stations, Southern California. Mr. Warriner has provided HVAC and plumbing design for pump stations in the city of Fontana, and on Camp Pendleton. Project Engineer, Reservoir Seismic Reliability Upgrades Contra Costa Water District. Mr. Warriner is coordinating the air quality permits with the Bay Area Air Quality Management District for the addition of emergency generators at eight reservoirs and pumping stations. Project Manager, Energy Management Facilities Improvement, Encina Water Pollution Control Facility. Mr. Warriner managed the design of the HVAC improvements. This project includes installing one new engine generator, rebuilding three engine generators, and one engine driven blower. The plant generating capacity was increased from 1AMW to 3.2 MW, with a proportional increase in heat in the engine room. The engines will be fueled with a mixture of digester gas and natural gas, and operated to minimize the plant's utility bills. Project Engineer, Bollman Substation, Contra Costa Water District. Mr. Warriner is evaluating and recommending the type of HVAC system for a new medium voltage indoor substation. Project Engineer, Benicia Water Treatment Plant Expansion, City of Benicia. Mr. Warriner is designing the new HVAC system for the expanded filter control building. t F� 30 John M. Skaradowski, P.E. Construction Manager Construction Manager. Water Pipeline and Pump Station Construction, East Cherry Creek Valley Water and Sanitation District (ECCV), Aurora, Colorado. Mr. Skaradowski was the Construction Manager for construction of a water supply system for the ECCV. The fast track, $64,455,000 program featured construction of a 31 -mile, 48 -inch pipeline which included cross country and suburban installation of the pipeline through numerous jurisdictions, as well as construction of 17 tunnels, two booster pump stations, and two 1 million gallon (MG) storage tanks. The project was managed with an informal partnering arrangement. Special challenges on this project included the following: ■ Wetlands, irrigation, rail, and highway crossings ■ Strict Environmental Constraints ■ Permitting and Landowner Management Project Manager. Walnut Hill Water Treatment Plant Water Treatment Plant Construction, Massachusetts Water Resources Authority (MWRA), Cambridge, Massachusetts. Mr. Skaradowski was CDM's on -site manager for the construction of the 405 -mgd Walnut Hill Water Treatment Plant (WTP) for MWRA. This third party CM, multi contract program featured water purification by ozonation, a 50 -MG buried storage tank, and over 1 - miles of 8 -,10- and 12 -foot- diameter buried piping. The CM program included scheduling, OCIP, public relations, and multi jurisdiction coordination. The total construction cost of the four construction contracts was $214,804,000. Construction Manager. Combined Sewer Overflow Facilities Upgrade, MWRA, Cambridge, Massachusetts. This MWRA combined sewer overflow (CSO) project in Cambridge, Massachusetts, included new storage and feed facilities for chlorination/ dechlorination of storm flows and new SCADA systems. �r Mr. Skaradowski is a Senior Construction Manager with over 36 years of Education experience in the heavy construction industry. B.S. - Mechanical Engineering, University of Rhode Island Construction Manager/Resident Project Representative. Disinfection (1971) Improvements, Metro Wastewater Reclamation District. Mr. Skaradowski is the construction manager/ resident project representative on a $10.7 million project that features deep excavations, multiple utility pipelines, construction of a new disinfection building, and a state -of -the -art SCADA system. The Registration project requires careful coordination with the owner's operations to ensure Professional Engineer: that processes and permit requirements are not interrupted. Massachusetts (1995) Construction Manager. Water Pipeline and Pump Station Construction, East Cherry Creek Valley Water and Sanitation District (ECCV), Aurora, Colorado. Mr. Skaradowski was the Construction Manager for construction of a water supply system for the ECCV. The fast track, $64,455,000 program featured construction of a 31 -mile, 48 -inch pipeline which included cross country and suburban installation of the pipeline through numerous jurisdictions, as well as construction of 17 tunnels, two booster pump stations, and two 1 million gallon (MG) storage tanks. The project was managed with an informal partnering arrangement. Special challenges on this project included the following: ■ Wetlands, irrigation, rail, and highway crossings ■ Strict Environmental Constraints ■ Permitting and Landowner Management Project Manager. Walnut Hill Water Treatment Plant Water Treatment Plant Construction, Massachusetts Water Resources Authority (MWRA), Cambridge, Massachusetts. Mr. Skaradowski was CDM's on -site manager for the construction of the 405 -mgd Walnut Hill Water Treatment Plant (WTP) for MWRA. This third party CM, multi contract program featured water purification by ozonation, a 50 -MG buried storage tank, and over 1 - miles of 8 -,10- and 12 -foot- diameter buried piping. The CM program included scheduling, OCIP, public relations, and multi jurisdiction coordination. The total construction cost of the four construction contracts was $214,804,000. Construction Manager. Combined Sewer Overflow Facilities Upgrade, MWRA, Cambridge, Massachusetts. This MWRA combined sewer overflow (CSO) project in Cambridge, Massachusetts, included new storage and feed facilities for chlorination/ dechlorination of storm flows and new SCADA systems. �r [Click here to enter name] Construction Manager. Disinfection Facilities, MWRA, Cambridge, Massachusetts. Mr. Skaradowski coordinated construction on the MWRA's Cosgrove facility located at the Wachusett Reservoir, which is presently disinfecting the water supply for metropolitan Boston. Construction Manager. Residuals Treatment Facilities, Deer Island Wastewater Treatment Plant (WWTP). For CP -303 Deer Island WWTP, Mr. Skaradowski managed construction of this $100 million project. Project features included installation of caissons for the digester tank foundations, 4- steel 3 -MG, egg- shaped digesters, and installation of 12 sludge centrifuges. Construction Coordinator. Hemlock Lake Water Filtration Plant, Rochester, New York. Mr. Skaradowski managed the construction of the 48 -mgd Hemlock Lake Water Filtration Plant for the City of Rochester, New York. The plant included four new raw water pumps, a screening structure, two - stage rapid mixing, three -stage flocculation, and dual -media filters. Construction Manager. Various Projects. He was also construction manager on filtration plants, pump stations, wastewater plants, and odor control projects for Brattleboro, Vermont; Shrewsbury, Massachusetts; Dover, New Hampshire; Lowell, Massachusetts; and various private clients. Executive Vice President, Various Projects. Prior to joining CDM, Mr. Skaradowski was Executive Vice President of a heavy construction company specializing in water and wastewater treatment plants and other similar projects. He established and developed the company's mechanical and electrical divisions, and developed computer generated reports and a labor cost tracking system for the mechanical and electrical trades. He also directed the mechanical and electrical construction of over 50 projects, including water and wastewater treatment plants, pumping facilities, docks, bridges, and railroads. These projects ranged in size from $25,000 to $50 million. Project Manager, Estimator, Various HVAC and Process Piping Projects. Mr. Skaradowski has also served as a project manager/ estimator for a mechanical contractor. His responsibilities in this capacity included estimating, purchasing, and supervising installation of equipment and piping for HVAC and process piping projects. 32 Travis S. McIntosh, P.E. Structural Engineer Discipline Lead and Structural Engineer, Membrane Water Treatment Facility Design, Brighton, Colorado. Mr. McIntosh served as the structural discipline lead and structural engineer of record for the $26 million, 10 -mgd East Cherry Creek Water and Sanitation District's new water treatment facility. The project included two new treatment facilities and a 2.5 MG finished water storage tank. Multiple building systems were used for each of the buildings in order to meet both end user and construction budgeting needs. Additionally, the site soil conditions, consisting of collapsible sands and compressible clay layers, required special design considerations in order to ensure that proper support was provided for the long term service of each facility. Structural Engineer, Water Treatment Facility Design, Fernley, Nevada. Mr. McIntosh served as the structural discipline lead and structural engineer for the $40 million, 15 -mgd new water treatment facility. The project included four new treatment buildings, a 285,000 gallon below grade basin, and a 1.5 million gallon welded steel water reservoir. In addition to providing final design and technical reviews for a portion of these facilities, Mr. McIntosh managed a group of structural engineers and drafters from multiple offices, and coordinated technical review comments from senior engineers. Mr. McIntosh is a structural engineer with 10 years of experience with new Education water reuse and treatment facilities, water and wastewater treatment facility B.S. - Civil Engineering, The upgrades, water storage structures, operations building rehabilitation, University of Vermont, 1998 commercial vehicle facility expansions, and administration and maintenance facility expansions, and substation rehabilitations. During many of these projects, Mr. McIntosh has played an active role in identifying the work, arranging multidiscipline design teams, developing project scope, completing and managing a design team and providing services during Registration construction. Professional Engineer: Colorado (2003), Michigan, and Structural Engineer, Springwells Water Treatment Plant (WTP) Filter Califorania Rehabilitation and Auxiliary Facilities Improvements, Detroit, Michigan. Mr. McIntosh is responsible for structural engineering tasks related to the detailed design, and construction of over $70 million of capital improvements for the Springwells WTP. The project involves rehabilitating 40 rapid sand filters; filter pumping equipment; filter surface wash system; and auxiliary facilities at the plant. Auxiliary facilities include dehumidification and HVAC systems at several buildings, electrical power distribution systems throughout the plant, and the 1958 filter instrumentation and controls system. Extensive architectural upgrades and structural concrete repairs are also being performed throughout the plant facilities. Discipline Lead and Structural Engineer, Membrane Water Treatment Facility Design, Brighton, Colorado. Mr. McIntosh served as the structural discipline lead and structural engineer of record for the $26 million, 10 -mgd East Cherry Creek Water and Sanitation District's new water treatment facility. The project included two new treatment facilities and a 2.5 MG finished water storage tank. Multiple building systems were used for each of the buildings in order to meet both end user and construction budgeting needs. Additionally, the site soil conditions, consisting of collapsible sands and compressible clay layers, required special design considerations in order to ensure that proper support was provided for the long term service of each facility. Structural Engineer, Water Treatment Facility Design, Fernley, Nevada. Mr. McIntosh served as the structural discipline lead and structural engineer for the $40 million, 15 -mgd new water treatment facility. The project included four new treatment buildings, a 285,000 gallon below grade basin, and a 1.5 million gallon welded steel water reservoir. In addition to providing final design and technical reviews for a portion of these facilities, Mr. McIntosh managed a group of structural engineers and drafters from multiple offices, and coordinated technical review comments from senior engineers. Travis S. McIntosh, P.E. Project Manager/ Structural Engineer, Water Reuse Facility Design, Denver, Colorado. Mr. McIntosh served as the engineer of record for the preliminary and final design of a $25 million, 5.4 -mgd, Lone Tree Creek Water Reuse Facility expansion. This project included 18 new structures, with above and below grade basins, multi -story facilities and improvements to existing onsite structures. In addition to performing a portion of the structural design and technical reviews, Mr. McIntosh managed a group of structural engineers and drafters who assisted in completing the project. Project Manager, Water Reuse Facility, Lone Tree Creek Water Reuse Facility in Arapahoe County, Colorado. Mr. McIntosh acted as the project manager for the $25 million, 5.4 -mgd facility. He acted as project manager during the preliminary and final design phases. This project included 18 new structures, with above and below grade basins, multi -story facilities and improvements to existing onsite structures. In addition to designing some of the new structures, Mr. McIntosh managed a group of structural engineers and draftspersons who assisted in completing this project. Project Manager and Structural Engineer, Wastewater Treatment Plant Upgrades, Aurora, Colorado. Mr. McIntosh acted as the project manager and structural engineer for upgrades and improvements to the Lone Tree Creek Wastewater Treatment Plant. The work began with the preparation of proposals, development of project scope, followed by final design and construction services. Structure modifications included numerous new pipe penetrations through walls above and below grade, new below grade concrete vaults, elevated floor slab rehabilitation, and existing roof framing analyses for new HVAC equipment. Project Engineer, Space Needs Assessment, Colorado Department of Transportation (CDOT). Mr. McIntosh acted as the project engineer for an existing condition and future demand assessment of CDOT Regions 1, 4, 6 and central. The results of this work would serve to guide CDOT in consolidating and program planning of their owned and leased facilities. Mr. McIntosh was responsible for structural recommendation reports and overseeing the work completed by subconsultants to ensure that CDOT's needs were met. Project Manager and Structural Engineer, Water Treatment Plant, Longmont, Colorado. Mr. McIntosh acted as the project manager and engineer for the new $32 million design -build of the Longmont Water Treatment Plant facility. This project consisted of several facilities, located along each stage of the treatment process, including a 194 foot by 340 foot main process building and five out - structures. Numerous below ground basins, up to 26 feet deep, were included in the design and were required to withstand native expansive soils and a ground water elevation approximately 4 feet below finished grade. Exhibit 2 Professional Services Agreement 3T TOWN 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 3(o 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 37 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 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. 4.0 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 1 t 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 Lf a 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 M 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 T2 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 4-3 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 Conductor ethical principles. 8.0 REMEDIES 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 g M 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 5' 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 applications, or documents into this Agreement for all Heat Recovery Design and CM Assistance PSA June 2009 Unless otherwise stated in this Agreement, exhibits, referenced in this Agreement shall be incorporated purposes. In the event of a conflict between any 11 W 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 Lrl 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 TA 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 +9 THIS AGREEMENT is executed and made effective as provided above, TOWN OF AVON, COLORADO in Mayor or Mayor Pro Tem ATTEST: APPROVED AS TO FORM: Town Clerk For Town Attorney's Office CONTRACTOR: By: r . Printed Name: C` Heat Recovery Design and CM Assistance PSAJune 20DO 15 1 O 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 the two immediate end uses for Heat Recovery Design and CM Assistance Scope of Work June 2009 Exhibit A - Page 1 51 the heat. These immediate uses are located at the Avon Recreation Center mechanical room (pool boilers and heat exchangers) and the Avon WWTF plant Building. 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 5-�, 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. 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. 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. Heat Recovery Design and CM Assistance Scope of Work June 2009 Exhibit A - Page 3 M 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), budget 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. 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. Heat Recovery Design and CM Assistance Scope of Work June 2009 Exhibit A - Page 4 5y- QA/QC 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). • Design Review Approvals: Architectural plan and profile sheets, renderings, materials samples, and a land scaping /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 Heat Recovery Design and CM Assistance Scope of Work June 2009 Exhibit A - Page 5 56 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 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 Heat Recovery Design and CM Assistance Scope of Work June 2009 Exhibit A - Page 6 M 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, and 3) the Snowmelt Building to /from the Recreation Center Bid. • Design of interior mechanical piping systems within 1) the Heat Pump Building, 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). • Provide stub outs within the Heat Pump Building 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. • 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. Heat Recovery Design and CM Assistance Scope of Work June 2009 Exhibit A - Page 7 57 1.4 Electrical and Controls Desian 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 utility will 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. • 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 Heat Recovery Design and CM Assistance Scope of Work June 2009 Exhibit A - Page 8 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). • 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. Heat Recovery Design and CM Assistance Scope of Work June 2009 Exhibit A - Page 9 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 (G 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 3 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 (RFls), 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 initialized 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 M ■ 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. 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 M ilestone 5/26/2009 Avon Executes EIAF /DOLA Contract 10/15/2010 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 • 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 15 & EXHIBIT B COMPENSATION Cost Budget Summary Task Description Budget 1 Design of construction contract documents $492,000 2 Bid Assistance $31,500 3 Engineering Support During Construction $81,500 4 Meetings $22,000 5 System Performance Analysis $39,000 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 Contractor 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 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. Heat Recovery Design and CM Assistance Compensation June 2009 Exhibit B - Page 1 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 Emulovee *, ** 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 performing the work times the breakeven multiplier of 2.82. ** 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 b 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 $115.00 /hr 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 Mark Donaldson, and other sub Contractors are included here for information only. Costs incurred by sub Contractors are invoiced through CDMas an outside direct cost to the project. ** Billing Rates are subject to annual increase as appropriate to remain market - competitive. 10131 ■ Heat Recovery Design and CM Assistance Compensation June 2009 Exhibit B - Page 3 n- L ik Amendment to Avon Heat Recovery Project Professional Services Agreement Submitted by J. Strehler 6/23/2009 The following changes are herein proposed for to the contract routed to Town Council for review and approval. These changes were a result of a request made by the Eagle River Water and Sanitation District on 6/18/2009 to include heat delivery to the Raw Water Booster Pump Station (RWBPS) for building heating. The RWBPS is a small building located on the Avon Wastewater Treatment Facility property in close proximity to the planned Heat Pump Bld.. Location in Change Contract Last Change this text as shown below: paragraph on This system can best be summarized with respect to the two new buildings, the p. Al connective piping between the buildings, and4bree immediate_end_uses for 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 prope Second After second paragraph and before "Stakeholder Relationships ", insert paragraph on the following new paragraph: p. A3,_ "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 1 Heat Pump Bid. The project includes design and construction of heat delivery from the main distribution loop to the RWBPS for heating of this building. First bullet list Change this text as shown below: on p. A7, 7 Design of exterior mechanical piping systems (including buried and above bullet 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. First bullet list Change this text as shown below: on P. A7, 8 Design of interior mechanical piping systems within 1) the Heat Pump bullet Buildin (including heating for this bid.' 2 the Snowmelt Building 9 9� 9� 1 )� 9(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) inside the RWBPS First bullet list Change this text as shown below: on p. A7, g Provide a stub outwithin the Het Pump Building on the loop to the RWBPS — bullet -------------------------------------------- -- - - - ---- to permit future connections and heat utilization of the heat loop by - the ------ ERWSD in the WWTF. Deleted: two Deleted: Building Formatted: Font: (Default) Arial, English (U.S.) Deleted: and Deleted: s Amendment Page 1 of 2 Page A15, Add a new bullet to end of "Assumptions" List as follows: Assumptions 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 bullet list through 4 are complete. Formatted: Font: Not Bold Page B1 Change this text as shown below: Compensation Task Description Budget 1 Design of construction contract documents $49j,000 - - - -- Deleted: 2 2 Bid Assistance $31,500 3 Engineering Support During Construction $81,500 4 Meetings $22,000 5 System Performance Analysis $3f 000 - - - - -- Deleted: s Fixed Fee (profit) $74,000 Subtotal $740,000 CDM In -kind services donation (6.75 %) ($50,000) Net Contract Total $690,000 Amendment Page 2 of 2