HomeMy WebLinkAbout25-62 Mcgrane Water Engineering Llc. Development of GIS Tools Agreement 05-28-2025RESOLUTION NO. 25-62
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN
THE TOWN OF FIRESTONE AND MCGRANE WATER ENGINEERING
LLC PERTAINING TO THE DEVELOPMENT OF A GIS TOOL
WHEREAS, the Town of Firestone ("Town") is in need of professional services, and more
specifically, preparing a GIS tool that evaluates physical conditions in the Boulder Creek/Idaho Creek
Valley between SH 52 and SH 119 and identifies or confirms ideal Managed Aquifer Recharge
("Mar") sites to assist the Town in pursuing ditch water rights west of 1-25 that will have return flow
obligations to Boulder Creek and/or Idaho Creek and, if acquired, meeting these return obligations in
a more economical manner ("Project"); and
WHEREAS, Town Staff recommends that McGrane Water Engineering, LLC ("MWE") be
selected to provide the Project services as a sole provider because given their extensive expertise,
qualifications, experience and knowledge of evaluating and designing alluvial well systems together
with their past experience in developing a similar GIS tool for the Town on the South Platte River
to identify ideal locations for MAR sites, and general knowledge of the Town's water operations
and growing water demands, it is in the best interest of the Town to have MWE perform the needed
services for the Project; and
WHEREAS, Town Staff has negotiated with MWE an agreement to perform the services as
described in the Professional Services Agreement, attached hereto as Exhibit A; and
WHEREAS, the Board of Trustees finds that entering into a Professional Services
Agreement with MWE promotes the health, safety, welfare and convenience of the Town and its
citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
Section 1. The Professional Services Agreement between the Town of Firestone and
McGrane Water Engineering, LLC is hereby approved in substantially the same form as the copy
attached hereto as Exhibit A and made a part of this resolution. The Mayor is authorized to execute
and deliver the Agreement on behalf of the Town.
PASSED AND ADOPTED this 28th day of May, 2025.
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F�REsro
Mirz a os Luna, CMC, Town Clerk
APP VE AyS,T0 FF a (
ors Keith art , Town ttorney
EXHIBIT A
IMWE Professional Services Agreement]
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into
this Z. day of _p , 2025 (the "Effective Date"), by and between the TOWN OF FIRESTONE,
a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the
"Town"), and McGrane Water Engineering, LLC, an independent Contractor with a principal place of
business at 1669 Apple Valley Road, Lyons, Colorado 80540 ("Contractor ") (each a "Party" and collectively
the "Parties").
WHEREAS, the Town requires professional services and
WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and
experience to perform the required professional services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
L SCOPE OF SERVICES
A. Contractor shall furnish all labor and materials required for the complete and prompt execution
and performance of all duties, obligations, and responsibilities which are described or reasonably
implied from the Scope of Services set forth in Exhibit A, attached hereto and incorporated
herein by this reference and known as Boulder Creek MAR GCS Toot (W2025»9565.00)
B. A change in the Scope of Services shall not be effective unless authorized as a modification to this
Agreement. If the Contractor proceeds without such written authorization, Contractor shall be deemed to
have waived any claim for additional compensation, including a claim based on the theory of unjust
enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee,
or representative of the Town is authorized to modify any term of this Agreement, either directly or implied
by a course of action.
IL TERM AND TERMINATION
A. This Agreement shall commence on the Effective Date and shall continue until Contractor
completes the Scope of Services to the satisfaction of the Town or until terminated as provided
herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice, The Town shall
pay the Contractor for all work previously authorized and completed prior to the date o₹
termination. If, however, Contractor has substantially or materially breached this Agreement, the
Town shall have any remedy or right of set-off available at law and equity.
Ill. COMPENSATION
In consideration for the completion of the Scope of Services by Contractor, the Town shall pay
Contractor an amount not to exceed $20,000.00. This amount shall include all ₹ees, costs and
expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such
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fees, costs, and expenses. Contractor may submit periodic invoices, which shall be paid by the
Town within 30 days of receipt.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the
services described herein and has all requisite corporate authority and professional licenses in
good standing, required by law. The work performed by Contractor shall be in accordance with
generally accepted professional practices and the level o₹ competency presently maintained by
other practicing professional firms in the same or similar type of work in the applicable
community. The work and services to be performed by Contractor hereunder shall be done in
compliance with applicable laws, ordinances, rules and regulations, including the preference for
Colorado Labor set forth in C.R.S. Article 17 Title 8.
B. The Town's review, approval or acceptance of, or payment for any services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action
arising out of the performance of this Agreement,
C. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ
Sub -Contractor s to perform any work except as expressly set forth in the Scope of Services.
V. OWNERSHIP
A. Any materials, items, and work specified in the Scope of Services, and any and all related documentation
and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor
expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a
"work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor
hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town
may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy,
alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving
consent from Contractor.
B. If the Town reuses or makes any modification to Contractor's designs, documents orwork product without
the prior written authorization of Contractor , the Town agrees, to the fullest extent permitted by law, to
release the Contractor, its officers, directors, employees and sub -Contractors from all claims and causes
of action arising from such uses, and shall to the extent permitted by law indemnify and hold them
harmless from all costs and expenses, including the cost of defense, related to claims and causes of
action to the extent such costs and expenses arise from the Town's modification or reuse of the
documents.
C. The Town expressly acknowledges and agrees that the documents and data to be provided by Contractor
under the Agreement may contain certain design details, features and concepts from the Contractor's
own practice detail library, which collectively may form portions of the design for the Project, but which
separately, are, and shall remain, the sole and exclusive property of Contractor. Nothing herein shall be
construed as a limitation on the Contractor's right to re -use such component design details, features and
concepts on other projects, in other contexts or for other clients.
VI. INDEPENDENTCONTRACTOR
Contractor is an independent Contractor. Notwithstanding any other provision of this Agreement,
all personnel assigned by Contractor to perform work under the terms of this Agreement shall
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be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall
make no representation that it is a Town employee for any purposes.
VII. INSURANCE
A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by
Contractor pursuant to this Agreement. At a minimum, the Contractor shall procure and maintain,
and shall cause any Sub -Contractor to procure and maintain, the insurance coverages listed
below, with forms and insurers acceptable to the Town.
1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single limits of
$1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be
applicable to all premises and operations and shall include coverage for bodily injury,
broad form property damage, personal injury (including coverage for contractual and
employee acts), blanket contractual, products, and completed operations. The policy
shall contain a severability of interests provision, and shall include the Town and the
Town's officers, and employees, Contractor as additional insureds. No additional insured
endorsement shall contain any exclusion for bodily injury or property damage arising
from completed operations.
3. Professional liability insurance with minimum limits of $1,000,000 each claim and
$2,000,000 general aggregate.
B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages
afforded under the policies shall not be canceled, terminated or materially changed without at least 30
days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive
dates and extended reporting periods shall be procured to maintain such continuous coverage. Any
insurance carried by the Town, its officers, and its employees Contractor shall be excess and not
contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any
deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are
in full force and effect. The certificate shall identify this Agreement.
VIII, INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers,
representative, agents, employees, heirs and assigns from and against all claims, liability, damages,
losses, expenses and demands, including attorney fees, on account of injury, loss, or damage,
including without limitation claims arising from bodily injury, personal injury, sickness, disease,
death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or
are in any manner connected with this Agreement if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, recklessness
or other fault of Contractor , any Sub -Contractor of Contractor , or any officer, employee,
representative, or agent of Contractor, or which arise out of a worker's compensation claim of
any employee of Contractor or of any employee of any Sub -Contractor of Contractor. Contractor
's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed,
that amount represented by the degree or percentage of negligence or fault attributable to
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Contractor, any Sub -Contractor of Contractor , or any officer, employee, representative, or agent of
Contractor or of any Sub -Contractor of Contractor.
B. If Contractor is providing architectural, engineering, surveying or other design services under this
Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be
determined only after Contractor's liability or fault has been determined by adjudication, alternative
dispute resolution or otherwise resolved by mutual Agreement between the Parties, as provided by
C.R.S. § 13-50.5-102(8)(c).
IX. CHANGE ORDERS
A. Change Order is a written instrument issued after execution of the Agreement signed by Town
and Contractor, stating their Agreement, as applicable, upon all of the following:
1. The scope of the change in the Work;
2. The amount of the adjustment to the Contract Price and
3. The extent of the adjustment to the Contract Times(s).
B. All changes in the Work authorized by the applicable Change Order shall be performed under
the applicable conditions of the Contract Documents. Town and Contractor shall negotiate in
good faith and as expeditiously as possible the appropriate adjustment of such changes.
X. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County,
Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this
Agreement by the Town shall not constitute a waiver of any of the other terms or obligations o₹
this Agreement.
C. Integration. This Agreement constitutes the entire Agreement between the Parties, superseding
all prior oral or written communications.
D. Third Parties. There are no intended third -party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when
personally presented or sent pre -paid, first-class United States Mail to the Party at the address
set forth on the first page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full
force and effect.
G. Modification. This Agreement may only be modified upon written Agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be
assigned by either Party without the written consent of the other.
1. Governmental Immunity. The Town and its officers, and employees, are relying on, and do not
waive or intend to waive by any provision of this Agreement, the monetary limitations or any
other rights, immunities or protections provided by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers,
attorneys or employees.
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J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition
to any other rights and remedies provided by law. The expiration of this Agreement shall in no
way limit the Town's legal or equitable remedies, or the period in which such remedies may be
asserted, for work negligently or defectively performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution,
any financial obligation of the Town not performed during the current fiscal year is subject to
annual appropriation, shall extend only to monies currently appropriated, and shall not constitute
a mandatory charge, requirement, debt or liability beyond the current fiscal year.
L. Representative Authority. Each person signing this Agreement represents and warrants that he
or she is duly authorized and has the legal capacity to execute the Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Don
ATTES :
TOWN'S
Mir os Luna, Town Cleric.
APPRO TO FORM: coati ,
Keith Ma ' wn Attorney
By:
CONTRACTOR:
McGrane Water Engineering, LLC
ofgiwtydgmd byO n SWSr e,RE.
Dennis
P.E., C.P.G." art, qE�K"S
OkU: 03585.31111 4:11 06
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EXHIBIT A
SCOPE OF SERVICES
(see attached 3 pages)
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MeGrane Water e ri
I. 0 8 054t 0 (7 Pico. s�. ') -1' ^� 3� ( el1: (303) 1 -1-247
December 5, 2024
Mr. David Lindsay, President
Colorado Civil Group, Inc. Via email at djilj. l t.t ittc.t r rrt
5110 Granite St. Suite 200
Loveland, CO 80538
RF: Town ofFirestone - Proposal to Identify Recharge Sites along Boulder Creek using GIS
Mr. Lindsay,
Mc Grane Water Engineering, I..L(... (MWF) and Elephant Fish, LLC are pleased to provide this proposal to the
Town of Firestone (Town) to develop a GTS tool to identity Managed Aquifer Recharge (MAR) sites west of I-
25 along Boulder Creek. MWE will manage the project and will also request input horn Calvin Miller, PhD
(Miller Groundwater Engineering.) who has been also working wssorking with the Town since 2017 on -water supply
related projects. Dave Lindsay PE (Colorado Civil Group) w ill serve as the Town's representative. M\VTR,
Elephant Faish, MGE, and CCG are considered the project "Team."
The Town is interested in generating lagged return -flow credits to Boulder reek which is tributary to Si.
Vrain Creek (SVC') and the SouthPlatte River (SPIN:), The Town just completed a similar GIS tool to identify
MAR sites from east of I-25 to the SVC and SPR confluence, which was the subject of an MWE memo to
Dave Lindsay, draft dated November 26, 2024, titled "GIS-Tool for Evaluating Potential MAR Sites in the
Vicinity of Firestone, Colorado" This study will extend the tool further to the west and south where the Town
is acquiring additional water rights.
1. PURPOSE
The objective of this project is to develop a O15 -based multi -criteria decision analysis (Gl-MC"•TEA) tool
to create a suitability map of potential MAR locations above the alluvial aquifer along I oulder Creek and
SVC between Highway 52 and 1-25 as shown on Figure I (attached).
The datasets selected for this project are based on the following five factors:
1) Surficial Geology;
) Alluvial Aquifer Extent;
Land Use/Land Cover. Type;
I
hr G -a nc 't ii r #giviceriL, laII.
1f60Ap l 1`;IR %,ttl..l_vnsd x"01 i'308
t
d) Depth to Water Table (f nsaturat d Thickness of Alluvial Aquifer); and
5) Saturated Thickness ofAlluvial Aquifer
Each dataset will be divided into categories comprised of either a tiYpe (e , land cover) or a range of
values (e.., depths to water) depending on the dataset, and given a score from 0 to 5, with 5 being the
most favorable fora potential MAR location. Value -range -based categories (i.e., 1-10, 10-20; 20-30; etc.)
will likely be used for aquifer saturated and unsaturated thickness parameters. Each dataset ,will be
weighted equally (unless the Team decides differently), and summed into a total score for each location.
The final summed dataset will have a valued -based polygon shapefile with scores up to 25 (5 factors
multiplied by a maximum score of 5). This score will be used to guide the Town on where physical MAR
attributes are best, shich will help identify potential sites so that property access or other acquisition -
related factors can also be considered,
The deliverables will include small-scale maps (can fit on one page) showing scored grids for each
category type (S maps), plus the final total score (one map) with ownership parcels (from the County
Assessor's office) and canals and laterals that can be used to cons ey recharge water to the sites. We will
also provide larger scale maps (i.e., zoomed in) that are better for field work and reconnaissance.
..OSI
We estimate the cost will be approximately $20,000 as shown in Table 1,
Table 1 - Boulder Creek GIS Study Cost Estimate
Task
Description
Total
1
Prepare GIs Coverages
$9,000
2
PrAe a,rc Memo Report
$11,000
Total
$20,000
Payments for out services, like other- professional services, arc based on the actual time spent on your behalf
and at hourly rates offered for this specific project ($200/hr for Dennis McGrane, $95 for ElephantFish,
ITC and ;S 175/hr for Calvin Miller). Billing occurs on a monthly basis. Payment is expected within 30
days after billing. Work will stop if payment is not made within 60 days..
I T RFQL.i
We envision all the tasks can be completed in 4 to 6 weeks.
V :' l ' f
We envision the Town will contract with McGrane Water Engineering (M E) using the Town's standard
contract. MWF-'will subcontract work to Elephant Fish LL .'and ilter Engineering and pass on the town's
contractual terms and conditions. We look forward to working the I"own of Firestone and CCT on this
2
51 Cn ictc ate I ngineeri g [.r
1 eta ) t pl 'a fl 4 r d— r. ' r . r: (I is td6
2
project. Sincerely;
MCGRAIE WATER ENGINEERING, LLB:'.
Dennis M Granc, P.E., C.P.G.
dire .I — tud% Area
Aerial Photo
Surficia Geology
'L(rant.rixig. LC.'
16 AI)JA alley Ctrl . ,omr , CO 8031 3
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