SECTION 1 GENERAL INFORMATION

Transcription

1 SECTION 1 GENERAL INFORMATION 1.1 Introduction The South Metro WISE Authority (SMWA) requests proposals from qualified consulting engineering firms for the WISE Binney Connection Pipeline Alignment Study. Founded in 2013, SMWA is currently made up of 10 members (special water districts or municipalities located in Douglas and Arapahoe counties) and partners with Denver Water and Aurora Water to provide renewable water resources to WISE members. The Binney Connection Pipeline is phase 2 of the WISE project that will increase WISE s flow capacity from 15 MGD to 30 MGD and will provide the infrastructure needed for WISE to accept (blended or non-blended) water from Aurora Water s Binney Water Treatment Facility. The pipeline will also convey Prairie Waters Project water to Denver Water through the Western Pipeline. This project is a joint venture between SMWA and Denver Water. 1.2 Information for Respondents The Scope of Work for the Request for Proposal (RFP) describes the services required by SMWA for the Binney Connection Pipeline Alignment Study. SMWA will distribute all additional information, schedule changes, and addendums via to all attendees of preproposal meeting as described below. SMWA anticipates the Alignment Study work to begin in the 1 st quarter of 2018 and intends for the work to be completed as soon as possible and no later than the end of If interviews are conducted to select a Respondent, assume a notice to proceed of February 22, If interviews are not conducted to select a respondent, assume a notice to proceed of January 18, Proposals shall be submitted as instructed in the Proposal Submittals Section of the RFP, and will be accepted by SMWA until 3:00 PM, December 12, Preproposal Meeting A mandatory preproposal meeting will be held at the SMWA office on at 1:00 PM on November 16, This meeting will be located at: 8400 East Prentice Avenue, 2 nd Floor Conference Center, Greenwood Village, CO Request for Clarification Requests for clarification concerning the RFP shall be submitted to SMWA in writing and must be received by 5:00 P.M. Mountain Standard Time, November 28, Requests submitted via phone will not be accepted. Responses to requests for clarification will be done in writing, for the benefit of all prospective respondents, in the form of a supplement and without identification of the source of any inquiry. All requests for clarification shall be directed to: By Attention: Mr. Chris Muller, Water Resources/Design Engineer Subject Line: RFP Binney Connection Pipeline Alignment Study chrismuller@southmetrowater.org 1

2 SECTION 2 PROPOSAL INSTRUCTIONS 2.1 Proposal Submittals Proposal submittals shall be clear, accurate, and comprehensive. Submittals shall be a maximum of 15 pages (8 ½ X 11) (double sided pages count as 2 pages), exclusive of the title page, index and/or table of contents, front and back covers, section dividers, references, resumes, estimated budget, and fee schedule. Respondent can include 11x17 tri-fold pages, each one counting as two pages of the 15-page limit (double sided 11x17 pages count as 4 pages). Minimum font size shall be 12-point. Excessive or irrelevant material will not be favorably received. Submittals shall be organized and numbered in the order presented below. Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 5 Section 8 Firm History and Background. Include a brief history of the company and provide any background information that may be relevant to SMWA s alignment study efforts. Project Team Qualifications. List all key personnel and their role in the project. Provide maximum 2-page resumes as an appendix. If sub-consultants are included, identify prior experience working with them as a team and summarize their qualifications. Related Work Experience. Include project descriptions, client references, consultant s personnel involved, and tasks performed. Proposed Project Approach. Include a description of the company s proposed approach to the project. Include an outline of the Alignment Study, the proposed methodology for each section, and interim and final deliverables. Include all relevant project approach information from conceptual level through technical memo. Also discuss project management practices that will be used to control costs and deliver the project on time. The selected respondents project approach will be used as the scope of work for the project contract, so they need to include any language that the respondent would like included in the contract. Project Management Approach. Discuss project management practices that will be used to control costs and deliver the project on time. Discuss quality control and quality assurance approaches that will be utilized for this project. Project Schedule. Based on the project approach, provide a timeline to complete the work included in the project. Identify potential delays that could affect the project schedule. Estimated Budget. Based on the company s proposed approach, provide a cost estimate to complete the Alignment Study. Budget should be broken down by task. Project Management shall be included in the cost of each project task. The budget should be completed to accommodate the tasks as outlined in Section 4.1 below. Contract Modification. The respondent shall identify any modifications requested to the sample SMWA contract that has been attached in Appendix B. 2

3 2.2 Fee Schedule The Respondent shall submit a proposed fee schedule. Respondent s fee schedule shall contain an hourly billing rate for all project personnel and shall identify all items for which a client may be billed in the normal course of a project, as well as any mark-ups on sub-consultants. Any other charges incurred during the normal course of a project should be identified along with the terms for reimbursement/cost recovery. The fee schedule shall be valid through the project contract. 2.3 Submission Eight (8) hard copies and one digital copy of the submittal shall be enclosed in a sealed package and addressed as directed below. Each package shall be legibly marked in the upper left-hand corner with the name and address of the Respondent. Submittals will be accepted until 3:00 PM, December 12, Submittals received after this time and date will not be accepted and will be returned unopened. Submittals shall be sent to the following address (faxes or s will not be accepted): By USPS, FedEx, UPS, or courier delivery: South Metro Water Supply Authority / South Metro WISE Authority 8400 East Prentice Avenue, Suite 315 Greenwood Village, CO Attention: Mr. Chris Muller, Water Resources/Design Engineer Re: RFP Binney Connection Pipeline Alignment Study SMWA reserves the right to reject any or all proposals, including without limitation the rights to reject any or all non-conforming, non-responsive, unbalanced or conditional proposals and to reject the proposal of any respondent if SMWA believes that it would not be in the best interest of SMWA to make an award to that respondent either because the proposal is not responsive or the respondent is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by SMWA. SECTION 3 SELECTION PROCESS 3.1 Proposal Evaluation To receive consideration, all proposals must be received before the closing time specified in the proposal instructions portion of this RFP. Proposal evaluations will occur following the RFP closing date. The following evaluation factors will be used for the evaluation and selection of the Respondent. The order of the listed criteria is not indicative of their priority, weight, or importance. The of the evaluation factors will be as follows: 3

4 Evaluation Factor Weight Team Qualifications 25% Project and Project Management Approach 45% Project Schedule 15% Cost and Fees 15% A. Team Qualifications a. Respondent s team personnel experience, track record, and specific roles in carrying out similar projects. b. Description of qualifications, training experience, education and licenses of the key personnel who will be assigned to the SMWA Project. B. Project Management Approach a. Discussion on cost control, schedule control, and quality control procedures to assure that the project objectives are met. b. Approach to preparing the technical memo and presentations to SMWA Board of Directors, SMWA staff, and Denver Water representatives. C. Project Approach a. Respondent s proposed approach to each section of the Alignment Study outlined in Section 4 below. b. The completeness and competence that the Respondent gives in addressing the scope of work section and demonstrating their ability to accurately prepare the documents required. c. Discussion of constraints, problems, and issues that could occur during the performance of services and suggested approaches to resolving these problems. D. Project Schedule a. The proposed project schedule will be considered in the evaluation of proposals. The project has a tight schedule, early project delivery will be viewed favorably. b. Include a brief explanation of potential complications that could affect the project schedule. E. Cost and Fees a. Fee schedule and cost for the Alignment Study will be considered in the evaluation of proposals. Selection will not be based on lowest cost; cost in relation to qualifications and approach will be considered to ensure SMWA is obtaining the best value. 3.2 Selection of Respondent(s) Proposals will be reviewed, and a shortlist of qualified respondents will be developed. Short-listed respondents will be selected based upon the criteria listed above. Each respondent selected for the shortlist may be invited to interview with a selection committee for the project. The interviews, if held, allow the selection committee to discuss the respondent s qualifications, past project experience, organizational structure specific to this project, proposed project approach, cost 4

5 control measures, and scheduling methods. Interview time and criteria will be distributed at the time of short-list notification. If interviews are held, it is expected that short list notification will occur on December 22, 2017 and interview would be conducted the week of January 8, Upon completion of all interviews, the final selection will be made. This selection will be based on both the written proposal and, if relevant, the interview. SMWA reserves the right to select a respondent without conducting interviews of the short-listed respondents. After a respondent is selected, contract award will be contingent upon successful negotiation and formal approval of a contract by the SMWA Board of Directors. If SMWA cannot reach an acceptable agreement with the top ranked respondent, SMWA may negotiate and contract with the second ranked respondent. SECTION 4 SCOPE OF WORK 4.1 General SMWA requests proposals from qualified consulting engineering firms to provide services for the Binney Connection Pipeline Alignment Study. Firms will be selected based on their qualifications and proposed project approach for the Alignment Study. SMWA anticipates starting the project in January 2018 pending approval from the SMWA. The alignment study will cover the area between Aurora Water s Robertsdale Water Tank and the existing WISE pipeline or the WISE Smoky Hill Tank. The pipeline will need to have a capacity of 30 CFS. A separate contract will evaluate alternatives to connection to the Binney Water Treatment Facility and any required pump stations that will be required to convey flows into the WISE conveyance system. WISE has applied for a Colorado Water Plan Grant to assist in paying for this study. The grant application assumed the alignment study cost of $150,000. SMWA will work with the selected firm to develop alignments to be evaluated in the study. For budgeting and schedule development, at least three alignments shall be considered. SMWA s expectation for this Scope of Work is to conduct a desktop evaluation of alternative alignments. SMWA is not anticipating any geotechnical borings, elevation surveying, wetland delineations, or other field related services. The intent of this project is to use existing publicly available data to identify potential areas of concern. 5

6 4.2 Scope of Work In general, engineering services are requested to address the contents below: Scope Sections Scope Minimum Requirements Project Coordination At a minimum, meetings shall be held with SMWA staff and representatives from Denver Water and Aurora Water at the flowing project milestones: o Project Kickoff Meeting o Draft Memo Presentation o Draft Memo Comments o Final Memo Presentation The selected consultant shall facilitate meetings with SMWA, Denver Water representatives, and Aurora Water representatives. The consultant shall distribute agendas and meeting minutes. The consultant shall identify and facilitate milestone meetings and workshops that are needed in addition to the meeting identified above. The consultant shall coordinate with SMWA on project progress every two weeks at a minimum. Prepare and submit monthly schedule, budget, and project status reports with invoices. Prepare a Project Management Plan to include, at a minimum, the following: Scope, Budget, Schedule, Expectations of SMWA, Project Team Structure, Team Members (with contact information), and Quality Assurance / Quality Control Plan. Land Ownership and Easements Collect property ownership for land along alignment alternatives. Collect existing easement information for alignment alternatives. Provide GIS files and a PDF map of property ownership and easements along the alignments. Meet with Aurora Planning Department to discuss the impacted lands and planned developments in the area. Meet with E-470 Public Highway Authority to discuss the impacted lands located within the E-470 Right of Way. Meet with Arapahoe County to discuss the impacted lands. Provide a list of property owners for each alignment alternative. 6

7 Scope Sections Environmental, Permitting, and Cultural Hydraulic and Pipeline Analysis Opinion of Cost and Construction Schedule Deliverables and Presentation Scope Minimum Requirements Review alignments for and identify any potential wildlife impacts that could affect the permitting or construction schedule for the project. Review alignments for and identify any potential environmental impacts that could affect the permitting or construction schedule for the project. Review alignments for and identify any potential cultural impacts that could affect the permitting or construction schedule for the project. Prepare surface profiles for each alignment alternative to be included with the technical memo. Prepare plan view drawings that show existing utilities along each alignment alternative to be provided with the technical memo. Evaluate the hydraulics of each alignment. o Prepare a hydraulic model to evaluate alignments for flow from 1 MGD to 30 MGD o The analysis shall support the recommendations for pipe sizes and identify the equipment needed along each alignment. Evaluate and recommend pipeline material to be used for the project including cost implication. Evaluate geological impacts based on published geological mapping. Prepare a Class 4 opinion of probable cost for each alignment alternative. o Note that the booster pump station(s) will be included in an opinion of cost for a separate contract. SMWA will provide the coordination between the projects as needed. Provide an estimated project schedule for each alternative that includes permitting and construction time needed for each alternative alignment. Prepare a draft technical memo that compares alignments in the following areas: o Potential easement acquisition impacts o Potential environmental, permitting, and cultural impacts o Hydraulics and pipeline analysis o Estimated construction cost and time to construct Provide a recommendation of the preferred alternative. Address comments provided from SMWA and Denver Water and prepare a final draft of the alignment study technical memo. Present the findings of the study to the WISE Board at a monthly board meeting. All deliverables shall provide 5 hard copies and one electronic copy. 7

8 Appendix A: Map 8

9 Propos ed WISE Binne y C onnect ion Miles PWP Pipeline Robertsdale Tank! Northern Pipeline E Binney WPF! ( Aurora Reservoir Proposed Binney Connection Proposed Reservoir! C! ( SM O KY ARAPAHOE ROAD Water Purification Facility Proposed Binney Connection HI LL R OA D Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community! C Smoky Hill Tank Reservoirs Western Pipeline Major Roads p ADAMS JEFFERSON Western Pipe lin e Smoky Hill Tank DENVER ADAMS ARAPAHOE DOUGLAS ELBERT 10/31/2017

10 Appendix B: Sample SMWA Contract 9

11 AGREEMENT BETWEEN THE SOUTH METRO WISE AUTHORITY AND TO PROVIDE CONSULTING SERVICES DATE: PARTIES: SOUTH METRO WISE AUTHORITY, a body corporate and politic and a political subdivision of the State of Colorado, 8400 East Prentice Avenue, Suite 315, Greenwood Village, CO ( SMWA ). CONSULTANT NAME, ( Consultant ). RECITALS: A. SMWA wishes to engage Consultant s services to provide the services as more fully described in the following Agreement and Exhibits. TERMS: Section 1. Scope of Services. Consultant shall provide the consulting services to SMWA as described in Exhibit A Scope of Work (the "Work"). Consultant shall bill SMWA for consulting services rendered at the hourly rates designated or compensation schedule in Exhibit B for a total contract amount not to exceed $. Unless otherwise provided in this Agreement, the Consultant shall provide and pay for labor, materials, equipment, tools, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work. Exhibits A and B may be amended from time to time upon written approval of SMWA and Consultant. Section 2. Term. The term of this Agreement shall be from the date of execution to December 31, In its sole discretion, the SMWA may request proposals from and contract with other Consultants or engineers to provide the same or similar services during the term of this Agreement. The Consultant shall coordinate and cooperate with separate contractors employed by the SMWA. SMWA shall have the right to terminate this Agreement at any time with 30 days written notice to Consultant by providing written notice to Consultant of termination. SMWA's only obligation in the event of termination shall be payment of fees and expenses incurred up to and including the effective date of termination. Section 3. Assignment. This Agreement shall not be assigned by Consultant without the written consent of SMWA. Section 4. Notice. 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

12 by registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the first page of this Agreement, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed given when deposited in the United States mail. Section 5. Exhibits. All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes. Section 6. Delays. Any delays in or failure of performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. Section 7. Additional Documents. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. Section 8. Entire Agreement. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. Section 9. Time of the Essence. Time is of the essence. If any payment or any other condition, obligation, or duty is not timely made, tendered or performed by either party, then this Agreement, at the option of the party who is not in default, may be terminated by the non-defaulting party, in which case, the non-defaulting party may recover such damages as may be proper. Section 10. Waiver. 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 waiver of any subsequent breach by either party. Section 11. Governing Law. This Agreement shall be governed by the laws of the State of Colorado. Section 12. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein. Section 13. Indemnification. Consultant expressly agrees to indemnify and hold harmless SMWA or any of its members, officers or employees from any and all claims, damages, liability, or court awards including attorney s fees that are or may be awarded as a result of any loss, injury or damage sustained or claimed to have been

13 sustained by anyone, including, but not limited to, any person, firm, partnership, or corporation, to the extent caused by the negligent acts, errors or omissions of Consultant or any of their employees or agents in performing work pursuant to this Agreement. In the event that any such suit or action is brought against SMWA or one of its members, SMWA and/or the member will give notice within ten (10) days thereof to Consultant. Section 14. Insurance. Consultant shall at its own expense keep in full force and effect during the term of this Agreement insurance sufficient to insure against the liability assumed by Consultant pursuant to the provisions of this paragraph. Consultant shall provide SMWA with a certification, by a properly qualified representative of the insurer that any policy purchased pursuant to this Agreement complies with the conditions required by this Agreement. Consultant shall not be relieved of any liability assumed pursuant to the foregoing paragraph by reason of its failure to secure insurance as required by this Agreement or by reason of its failure to secure insurance in sufficient amounts of sufficient durations, or sufficient types to cover such liability. The required policy shall meet the following conditions: a. The policy limits shall be as follows: 1. Consultant shall purchase and maintain comprehensive general public liability and property damage insurance in an amount not less 1,000,000 per occurrence and $2,000,000 aggregate as well as workers' compensation insurance in the amounts required by law. 2. Professional liability insurance with a limit of not less than $1,000,000. b. The policy shall include SMWA as an additional insured on Consultant s general liability and automobile liability insurance policies. The parties hereto understand and agree that SMWA is relying on and does not waive or intend to waive by this Agreement, any provision hereof, including the provisions of this paragraph, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. Section , et seq., as from time to time amended, or otherwise available to SMWA. c. The insurers shall give SMWA notification of any cancellation or termination by refusal to renew the policy or any change in coverage of the policy in the manner provided by law. If no such notification is provided by law, the insurer shall give SMWA at least 30 days prior written notification of any cancellation or termination by refusal to renew the policy or of any material change by endorsement in coverage of the policy. d. Consultant shall be responsible for any deductible losses under the policy.

14 e. If the policy is a claims made policy, the Consultant agrees to renew such policy for at least two years after the expiration of this Agreement. f. If the policy is a claims made policy, the retroactive date of any renewal of such policy shall be not later than the date this Agreement is signed by the parties hereto. g. If Consultant purchases a subsequent claims made policy in place of any prior policy, the retroactive date of such subsequent policy shall be no later than the date the Agreement is signed by the parties hereto. A copy of the policies or certificates of insurance acceptable to SMWA shall be filed with SMWA within seven (7) calendar days after the Agreement is signed by the parties hereto. The policies or certificates shall be issued by Consultant and name as the insured Consultant and any of its designated employees or agents. Section 15. Worker s Compensation. Consultant shall at its own expense keep in full force and effect during the term of this Agreement Statutory Worker s Compensation Insurance. Section 16. Subcontractors. Consultant may utilize subcontractors to assist with non-specialized works as necessary to complete projects. Consultant will submit any proposed sub-contractor and the description of their services to SMWA for prior approval. SMWA will not work directly with the subcontractors. Section 17. Independent Contractor. Consultant and SMWA hereby represent that Consultant is an independent contractor for all purposes hereunder. As such, Consultant is not covered by any worker s compensation insurance or any other insurance maintained by SMWA except as would apply to members of the general public. Consultant shall not create any indebtedness on behalf of the SMWA. Section 18. No Third Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to SMWA and Consultant, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of the parties that any person other than SMWA or Consultant receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Section 19. Attorneys Fees and Costs. If either party shall engage legal counsel or bring an action against the other by reason of the breach of any covenant, provision or condition hereof, or otherwise arising out of this Agreement, the unsuccessful party shall pay to the prevailing party reasonable attorney fees and costs, which shall be payable whether or not any action is prosecuted to judgment. The term prevailing party shall include, without limitation, a party who obtains legal counsel or brings an action

15 against the other by reason of the other s breach or default and obtains substantially the relief sought, whether by compromise, settlement or judgment Section 20. Appropriations. Pursuant to C.R.S (2), SMWA has appropriated sufficient funds to pay the amounts due under this Agreement. No change orders or other form of order or directive by SMWA requiring additional compensable work to be performed, which work causes the aggregate amount payable under this Agreement to exceed the amount appropriated for this Agreement, unless written assurance by SMWA that lawful appropriations necessary to cover the additional work have been made. Section 21. Statutory Illegal Alien Worker Provisions. A. Unlawful Employees, Contractors and Subcontractors: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. Consultant shall not knowingly contract with a subcontractor that (a) knowingly employs or contracts with an illegal alien to perform work under this Agreement or (b) fails to certify to the Consultant that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Agreement. B. Verification Regarding Illegal Aliens: Consultant has verified or attempted to verify through participation in the E-Verify of the state of Colorado that Consultant does not employ any illegal aliens or Consultant verifies that Consultant has not been accepted into E-Verify prior to entering into this Agreement. Consultant further verifies that if Consultant has not been accepted in to the E-Verify, Consultant will apply to participate in the E-Verify every three months until Consultant is accepted or this Agreement is completed, whichever is earlier. C. Limitation Regarding E-Verify: Consultant shall not use E-Verify procedures to undertake pre-employment screening of job applicants while performing this Agreement. D. Duty To Terminate A Subcontract; Exceptions: If Consultant obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Consultant shall, unless the subcontractor provides information to establish that the subcontractor has not employed or contracted with an illegal alien: (1) notify the subcontractor and SMWA within three days that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the subcontract with the subcontractor if, within three days of receiving notice that the Consultant has actual knowledge that the subcontractor is employing or contracting with an illegal alien, the subcontractor does not stop employing or contracting with the illegal alien.

16 E. Duty To Comply With State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation pursuant to C.R.S (5). F. Damages for Breach of Contract: In addition to any other legal or equitable remedy the SMWA may be entitled to for a breach of this Contract, if SMWA terminates this Agreement, in whole or in part, due to Consultant s breach of any paragraph A. through E. of these additional provisions, inclusive, Consultant shall be liable for actual and consequential damages to SMWA. Section 22. Applicable Law. The terms and provisions contained in this Contract shall be governed and construed in accordance with the laws of the State of Colorado. Section 23. Ownership of Documents and Intellectual Property. All reports, data, drawings, specifications, guidelines and any other documents (hard copy or electronic), project specific programming, supporting data, internet and web based processes, programs and web-sites, web-portals and project specific related code prepared by the Consultant in connection with this Agreement created pursuant to the scope of this Agreement, shall be the property of SMWA without license or any other restriction on future use, modification or alteration by SMWA. Section 24. No Waiver of Governmental Immunity. The parties hereto understand and agree that Owner is relying on and does not waive or intend to waive by this Agreement or any provision hereof, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. Section , et seq., as from time to time amended, or otherwise available to Owner. Section 25. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument with identical effect as if all parties hereto had signed the same signature page. Any signature and acknowledgment page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon and may be attached to another identical counterpart of this Agreement, with one or more additional signature and acknowledgment pages attached to it. [Signature Page to follow]

17 SOUTH METRO WISE AUTHORITY: By: Lisa Darling Its: Executive Director CONSULTANT:, a corporation By: as its

18 EXHIBIT A SCOPE OF WORK

19 EXHIBIT B COMPENSATION RATES SCHEDULE