HomeMy WebLinkAbout26-35 McGrane Water Engineering BFL-Vogl-Stinar Well Design 05-20-2026RESOLUTION NO. 26-35
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND MCGRANE WATER ENGINEEERING LLC PERTAINING TO THE
TOWN OF FIRESTONE BFL-VOGL-STINAR ALLUVIAL WELL PROJECT
WHEREAS, the Town of Firestone (“Town”) is in need of professional engineering design services, and
more specifically, preparing final design drawings and specifications for a horizontal well system, pumping station,
and associated pipeline, related to the Town of Firestone BFL-Vogl-Stinar Alluvial Well Project (“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 knowledge of the site,
having previously prepared a feasibility study for the Project, as well as their past experience with the Town’s
FAST Alluvial Well Field and Mountain Shadows Park Irrigation Well and general knowledge of the Town’s
water operations, it is in the best interest of the Town to have MWE perform the needed design 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.
Section 2. The Interim Town Manager is authorized to approve, sign, execute, and deliver change
orders on behalf of the Town, provided that no change order shall be effective without Board approval if it
would cause the total contract price, as adjusted by prior change orders, to exceed $693,000. Once the total
contract price exceeds $693,000, all subsequent change orders shall require Board approval
PASSED AND ADOPTED this 20th day of May, 2026.
Don Conyac Jr., Mayor
ATTEST:
Miriam Granados Luna, CMC, Town Clerk
APPROVED AS TO FORM:
Marshall Keith Martin, Town Attorney
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EXHIBIT A
[MWE Professional Services Agreement]
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered
into this 20th day of May, 2026 (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 1354 Hey Jude Lane, #105, Highlands Ranch, CO 80129 ("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:
I. SCOPE OF SERVICES
A. Contractor shall provide to the Town certain services and furnish all Deliverables described
in Exhibit A, attached hereto and incorporated herein by this reference (“Scope of Services” or “Services”),
and known as: BFL-Vogl-Stinar Well Site Final Design (W2025-9564.04). In addition, Contractor shall
provide services 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.
B. A change in the Scope of Services or Deliverables shall not be effective unless authorized
as a Change Order or as an amendment to this Agreement. If 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.
C. The Town, as a public entity, is required to comply with Colorado and federal laws, including
their implementing rules and regulations, such as HB 21-1110 (Colorado Laws for Persons with Disabilities),
HB 24-1454 and the Americans with Disabilities Act (collectively “digital accessibility laws”). Compliance with
these digital accessibility laws means that the Town must meet digital accessibility standards established by
Colorado Office of Information Technology (OIT). As such, Contractor shall deliver or perform the Services
in a manner that is compliant with the most recently adopted W3C, Web Content Accessibility Guidelines
(WCAG) by the Colorado Office of Information Technology, which as of the effective date is WCAG 2.1 level
AA (“WCAG Standards”).
1. To the extent Contractor’s Services permit the Town or intended users to post content,
Contractor will make good-faith commercially reasonable efforts to ensure that the
dissemination of Content for access, review, and/or use of content is in a format that
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conforms to the WCAG Standards and does not interfere with the ability of content providers
to post such content in a format that conforms to the WCAG Standards.
2. If Contractor claims that delivered Services comply with the applicable WCAG Standards,
and it is later learned that any part of Contractor’s Services is not in compliance with the
WCAG Standards, the Town will inform Contractor in writing of the noncompliance, and
Contractor agrees to remediate if possible the noncompliance within a reasonable time-
period.
3. The Town may require Contractor’s compliance to the State’s Accessibility Standards to be
determined by a third party selected by the Town to ensure Contractor’s Services are in
compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for
Individuals with a Disability as established by the Office of Information Technology pursuant
to Section §24-85-103 (2.5), C.R.S.
D. 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 Services;
2. The amount of the adjustment to the Contract Price (defined below); and
3. The extent of the adjustment to the Term.
All changes in the Services authorized by the applicable Change Order shall be performed under the
applicable conditions of the Agreement.
E. Conflict of Interest. 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. Contractor shall not offer or provide anything of benefit to any Town official or
employee that would place the official or employee in a position of violating the public trust as provided by
C.R.S. § 24-18-109, as amended, or any Town–adopted Code of Conduct or ethical principle.
II. TERM AND TERMINATION
A. Term. Contractor shall commence the Services on the Effective Date and shall complete the
Project and Services on or before the first (1st) anniversary of the Effective Date, unless terminated as
provided herein. This Agreement may only be renewed upon the mutual written agreement of the Parties.
B. Termination. Either Party may terminate this Agreement upon 30 days advance written
notice. The Town shall pay Contractor for all work previously authorized and completed as of the date of
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.
C. 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
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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 II.C, "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, 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 II.C, nothing in this Section II.C shall prevent, preclude, or limit any claim or
action for default or breach of contract resulting from non-performance by a Party.
D. Effect of Termination. In the event of termination, Contractor shall immediately discontinue
performance, and deliver to the Town all Work Product (as defined herein). Without prejudice to any other
rights or remedies it may have hereunder or at law or in equity, the Town may itself or through another service
provider take over any unfinished Services and Deliverables by whatever reasonable method it may deem
expedient. In addition, at the Town’s request, Contractor shall timely: (a) document in reasonable detail the
status of the terminated Services and unfinished Deliverables; (b) submit 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; and (c) deliver to the Town copies of all documents and data reasonably required for the
completion of any unfinished Services and Deliverables.
E. Unilateral Suspension of Services. The Town may suspend the Contractor’s performance
of the Services at the Town's sole 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, 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; or (2) for the submission of an
invoice for Services performed prior to the date of suspension in accordance with this Agreement.
F. Reinstatement of Services Following Town’s Unilateral Suspension. The Town may at its
sole discretion direct 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, 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, Contractor may elect to:
(1) provide written notice to the Town that such suspension is considered a termination of this Agreement
pursuant to Section II.C; 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 termination
of this Agreement pursuant to Section II.C. 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.
G. Nothing in this Agreement shall prevent, preclude, or limit any claim or action for default or
breach of contract resulting from non-performance by a Party, nor shall it preclude the Parties from executing
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a written amendment or agreement to suspend the Services upon terms and conditions mutually acceptable
to the Parties for any period of time.
H. Survival. Certain provisions that require ongoing obligations such as the indemnification
provisions set forth herein shall survive termination.
III. COMPENSATION
A. In consideration for the Contractor’s completion of the Services and furnishing of
Deliverables, and subject to any adjustments authorized under this Agreement, the Town shall pay Contractor
(check and initial as applicable below):
A fixed sum of $xxx/ Month.
Based upon services rendered and billed in accordance with the proposal
attached hereto as Exhibit A, but in no event shall the total compensation exceed
$630,000.
As described in Exhibit A.
This amount shall include all fees, costs and reimbursable expenses (defined below) incurred by Contractor,
and no additional amounts shall be paid by the Town for such fees, costs and expenses (“Contract Price”).
Contractor may submit periodic invoices, but may not submit invoices more frequently than monthly, which
shall be paid by the Town within 30 days of receipt.
B. Reimbursable Expenses. The following fee, cost, charge or expense explicitly stated below
shall be considered “reimbursable expenses” for purposes of this Agreement and may be billed to the Town
without administrative mark-up, but which must be accounted for by the Contractor and proof of payment
shall be provided by the Contractor with the Contractor’s monthly invoices:
None
Amounts paid to contractors or subcontractors retained by Contractor to perform
work in connection with the Deliverables
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 (billed at actual cost)
Long Distance Telephone Charges Related to the Services
Postage and Delivery Services
Lodging and Meals (but only with prior written approval of the Town as to dates and
maximum amount)
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Any fee, cost, charge, or expense incurred by the Contractor not otherwise specifically listed or stated in this
Section III.B shall be deemed a non-reimbursable cost that shall be borne by the Contractor, and shall not
be paid by the Town.
C. Contents of Invoices. Invoices shall include the basis upon which payment is requested,
such as actual time, number of hours worked, materials and expenses, along with a general description of
the Services performed and/or Deliverables worked on, the start and completion dates of any Services or
Deliverables, and who performed the Services or completed the Deliverables. Contractor shall provide
appropriate supporting documentation with each invoice.
D. Disputes. If there exists a good faith dispute with regard to an item appearing on an invoice,
the Town has the right to withhold payment on any amounts that are disputed while the Parties attempt to
resolve the dispute, provided that the Town provides Contractor with notice of such dispute within thirty (30)
days after receipt of the invoice and pays all undisputed amounts by the due date. The Town’s withholding
of such disputed amount shall not constitute a breach of this Agreement, nor shall it be grounds for Contractor
to suspend or terminate its performance of undisputed Services.
E. Set Off: In addition to any other rights the Town has under this Agreement to indemnification
or recoupment, Contractor agrees that the Town is entitled to set off any amounts it may owe Contractor
under this Agreement against such claims for indemnity or recoupment.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that Contractor is, and its employees are, qualified to assume
the responsibilities and render the Service and have all requisite corporate authority and professional licenses
in good standing, required by law. The Services performed by Contractor and its employees shall be in
accordance with generally accepted professional practices and the level of competency presently maintained
by other practicing design professionals in the same or similar type of work in the State of Colorado. The
Services to be performed by Contractor and its employees hereunder shall be done in compliance with
applicable laws, ordinances, rules and regulations.
B. Contractor further acknowledges as follows: (1) Contractor shall not access, process or
otherwise use Dependency Information other than as necessary to facilitate Services; (2) shall not give any
third party access to Dependency Information, including without limitation Contractor’s other customers or
clients; (3) shall exercise commercially reasonably efforts to prevent unauthorized exposure or disclosure of
Dependency Information, and shall implement administrative, technical and physical safeguards for
managing unauthorized disclosure or exposure of Dependency Information stored by Contractor; and (4) in
the event that Contractor has on-site or remote access to Town systems or networks in connection with the
Services hereunder, Contractor will comply with the Town’s security requirements.
C. 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.
D. Because the Town has hired Contractor for its professional expertise, Contractor agrees not
to employ subcontractors to perform any work except as expressly set forth in the Scope of Services.
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E. Except with the Town’s knowledge and consent, Contractor shall not engage in any activity,
or accept any employment, interest or contribution that would reasonably appear to compromise Contractor’s
professional judgment with respect to this Project.
V. OWNERSHIP
A. Client Materials. All right, title and interest in and to any proprietary materials, information, items, or data provided by
the Town to Contractor, including without limitation, any Dependency Information, GIS Data (defined below), hardware,
software, equipment and other pre-existing technology, other materials of any kind and nature, and any trademarks, service
marks, trade logos or other pre-existing intellectual property rights relating thereto (“Client Materials”) are and shall remain the
sole property of the Town. Town grants to Contractor a limited, nontransferable, fully-paid, royalty-free, non-sublicensable,
nonexclusive right during the term of this Agreement to copy, store, record, transmit, display, view, print or otherwise use (i)
Client Materials solely to the extent necessary to perform the Services under this Agreement; or (ii) to enforce this Agreement
and exercise Contractor’s rights hereunder, if Contractor has a reasonable belief of the Town’s non-compliance. No Client
Materials shall be removed from the Town’s premises without the Town’s prior written consent. All Client Materials shall be
returned upon the earlier of (a) the Town’s request for their return; and (b) completion or termination of the Services. Contractor
shall maintain such materials in good condition. Nothing in this Agreement shall be construed to confer any right or permission
to any third-party vendors or providers with whom Contractor has contracted for the provision of any third-party products. Under no circumstances shall the transfer or assignment of Engineer’s Work Product to the Town
be deemed a sale by Engineer, and Engineer makes no warranties, either express or implied, of
merchantability and fitness for any particular purpose except as expressly provided in this
Agreement.
B. Work Product. Any drawings, specifications, electronic data, Deliverables, materials, items,
and work specified in the Scope of Services, and any and all related documentation and materials provided
or developed by Contractor (“Work Product”) have been or will have been specially ordered or commissioned
by the Town, and accordingly, each is and will be a “work made for hire” (as such term is used in 17 U.S.C.
§ 201) for the Town, effective as of the moment each such item is fixed in a tangible medium, whether or not
such item is complete. Contractor hereby transfers and assigns to the Town all of its all right, title, and
interest in and to all Work Product, including, but not limited to, all United States and foreign copyright, patent,
trademark, trade secret and any other proprietary rights pertaining to such Work Product held by Contractor
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. The forgoing
shall not apply to previously created and/or owned intellectual property of Contractor. Nothing in this
Agreement will prevent Contractor from retaining copies of documents for the lawful use in its own business
purposes. Contractor will provide the Town with a ten (10) day written notice prior to disposal of documents
it has retained, during which time the Town may take physical possession of same.
C. Town grants to Contractor the non-exclusive, nontransferable right to copy, store, record,
transmit, display, view, print or otherwise use the Town’s maps and GIS data (“GIS Data”) solely to the extent
necessary to perform the Services. The GIS Data may only be used by Contractor’s employees for the
purpose of performing Services. As between the Town and Contractor, the Town reserves all its rights, title
and interest in and to all other Town data, including all intellectual property rights relating thereto, subject to
the rights and permissions granted herein. Nothing in this Agreement shall be construed to confer any right
or permission to any third-party vendors or providers with whom Contractor has contracted for the provision
of any third-party products.
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D. The GIS Data contains proprietary information belonging exclusively to the Town, which
claims copyright and trade secret protection in the GIS Data and in each constituent element of information
provided. Except as expressly permitted by this Agreement, Contractor will not, and will not allow any third
party to: (i) copy, modify, adapt, alter, translate, or create derivative works of the GIS Data; (ii) distribute, sell,
resell, lend, loan, lease, license, operate as a service bureau, managed service, sublicense or transfer the
GIS Data; (iii) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for
the GIS Data (except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation); (iv) use the GIS Data to knowingly violate any privacy or other rights of any
third party; or (v) remove, alter or obscure any proprietary notices of the Town, its licensors or suppliers
included in the GIS Data.
E. DISCLAIMER OF WARRANTIES. ALL CLIENT MATERIALS, DEPENDENCY
INFORMATION AND GIS DATA ARE PROVIDED “AS-IS” WITH ALL FAULTS AND TOWN HEREBY
MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, AND THE TOWN SPECIFICALLY
DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, INTEGRATION, TITLE AND FITNESS
OF THE CLIENT MATERIALS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING,
TOWN MAKES NO WARRANTY OF ANY KIND THAT ANY CLIENT MATERIALS, DEPENDENCY
INFORMATION OR GIS DATA WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE OR OTHER
SYSTEM.
VI. INDEPENDENT CONTRACTOR
Contractor is 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.
Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work
under the terms of this Agreement shall 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.
Contractor understands that Contractor is not entitled to unemployment insurance benefits from the Town,
nor is it or its agent or employees entitled to workers’ compensation benefits. Contractor shall be responsible
for payment of all taxes, including federal, state and local taxes arising out of Contractor’s activities under
this Agreement, including, by way of illustration but not limitation, federal and state income tax, social security
tax, unemployment insurance taxes, and any other taxes or business license fees as required.
VII. INSURANCE
A. Insurance Generally. 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:
Contractor 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.
Commercial General Liability insurance coverage to protect the Contractor from all
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claims for bodily injury, including death and all claims for destruction of or damage
to property, arising out of or in connection with the Services, whether such
operations be by the Contractor or anyone directly or indirectly employed by the
Contractor. All such insurance shall be written with limits and coverages as specified
below and shall be written on an occurrence form.
Products – Completed Operations Aggregate $1,000,000
Each Occurrence $1,000,000
Commercial Automobile Liability insurance with minimum combined single limits for
bodily injury and property damage of not less than One Million Dollars ($1,000,000)
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.
Errors and Omissions Professional Liability Insurance with a minimum limit of
coverage of One Million Dollars ($1,000,000) 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 shall be procured and maintained with insurers with an A- or better rating as
determined by Best’s Key Rating Guide. All Required Insurance shall be continuously maintained to cover
all liability, claims, demands, and other obligations assumed by the Contractor.
B. Additional Requirements for All Policies. 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. The contractor shall
be solely responsible for any deductible losses under any policy. No policy of insurance shall contain any
exclusion for bodily injury or property damage arising from completed operations. Every policy of insurance
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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.
C. Insurance Certificates. Prior to beginning the Services, and for any Renewal Term,
Contractor shall provide to the Town current certificates of insurance for all Required Insurance to
demonstrate conformance with this Agreement. Certificates of insurance shall reference this Agreement. The
Town may, at its election, withhold payment for Services until the insurance certificates are received and
found to be in accordance with the Agreement.
VIII. INDEMNIFICATION
A. Notices of Claim. A Party must provide written notice to the other Party immediately in the
event that a Party learns of a third-party claim or an allegation of a third-party claim arising out of or resulting
from the Parties’ performance or failure to perform pursuant to this Agreement. The Parties shall reasonably
cooperate in sharing information concerning potential claims from third-parties.
B. Contractor agrees to indemnify, defend and hold harmless the Town and its officers,
employees, (“Indemnified Parties”) 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 other loss of
any kind whatsoever, which arise out of or are reasonably related to this Agreement if such injury, loss, or
damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or
other fault of Contractor, subcontractor of Contractor, or 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 subcontractor 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 Contractor, any subcontractor of Contractor, or any officer, employee, representative, or
agent of Contractor or of any subcontractor of Contractor.
C. 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).
D. Intellectual Property Indemnification. Contractor shall indemnify, save, and hold harmless
the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts
(including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that any
deliverable provided by Contractor under this Agreement as part of the Services including software, reports,
or other work product (collectively, “IP Deliverables”), or the use thereof, infringes a patent, copyright,
trademark, trade secret, or any other intellectual property right. Contractor’s obligations hereunder shall not
extend to the combination of any IP Deliverables provided by Contractor with any other product, system, or
method, unless the other product, system, or method is (a) provided by Contractor or Contractor’s
subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables; (c) reasonably required
in order to use the IP Deliverables in its intended manner and the infringement could not have been avoided
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by substituting another reasonably available product, system, or method capable of performing the same
function; or (d) is reasonably expected to be used in combination with the IP Deliverables.
E. Accessibility Indemnification. Contractor shall indemnify, save, and hold harmless the
Indemnified Parties against any and all costs, expenses, claims, damages, liabilities, court awards and other
amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties (as defined
in Section 10) in relation to Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the
Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology
pursuant to Section §24-85-103 (2.5), C.R.S.
IX. TOWN OBLIGATIONS/CONFIDENTIALITY
A. Dependency Information. The Town shall provide Contractor with data, information, reports,
records, writings, plans and any such other documentation or materials (“Dependency Information”) as may
be available to the Town, and reasonably required by Contractor perform the Services or furnish the
Deliverables pursuant to this Agreement or a Task Order. Dependency Information does not include any
component of the Deliverables or materials provided by or on behalf of Contractor to the Town in the course
of performing the Services or furnishing of Deliverables.
B. Access to Property and Records. The Town shall provide Contractor with access to its
property as required and necessary to perform the Services or to complete the Deliverables. To the extent
required by law, the Town and Contractor agree to make this Agreement and any related records available
for public disclosure pursuant to any open records law, including, without limitation, the Colorado Open
Records Act, C.R.S. §§ 24-72-200.1, et seq. Contractor agrees to hold the Town harmless from the
disclosure of any records that the Town reasonably believes it is legally required to disclose.
C. Confidentiality; Protection. From time to time during the Term, either party may disclose or
make available to the other party information about its business affairs, products, confidential intellectual
property, trade secrets, third-party confidential information, and other sensitive or proprietary information,
whether orally or in written, electronic, or other form or media, and whether or not marked, designated or
otherwise identified as "confidential" (collectively, "Confidential Information"). Confidential Information does
not include information that, at the time of disclosure is: (i) in the public domain; (ii) known to the receiving
party at the time of disclosure; (iii) rightfully obtained by the receiving party on a non-confidential basis from
a third party; or (iv) independently developed by the receiving party. The receiving party shall not disclose
the disclosing party's Confidential Information to any person or entity, except to the receiving party's
employees who have a need to know the Confidential Information for the receiving party to exercise its rights
or perform its obligations hereunder. Contractor expressly recognizes that the Town is subject to the
Colorado Open Records Act and may be required to disclose certain information pursuant to the requirements
of that Act. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited
extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise
necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order
shall first have given written notice to the other party so that the disclosing party may interpose an objection
to such disclosure or take such other action as it deems appropriate to protect the Confidential Information;
or (ii) to establish a party's rights under this Agreement, including to make required court filings.
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D. Return of Materials. Upon expiration or termination of this Agreement, except as necessary
to exercise the rights granted by the Town to Contractor pursuant to Section III, each Party will return promptly
or, at the other Party’s request, destroy all documents and other tangible objects containing or representing
Confidential Information of the other Party except to the extent that such documents must be retained to
satisfy auditing or regulatory requirements. If requested by the other Party, each Party will provide the other
Party with written certification of compliance with the foregoing obligations under this Section IX.D.
E. Appropriation: If this is a contract for the design or construction, or both the design and
construction, of a public works project, the Town has appropriated funds equal to or in excess of the Contract
Price.
X. CONSTRUCTION COST ESTIMATE
A. Definition. The term “Construction Cost” shall mean the total cost or estimated cost to the
Town of all elements of the Project designed or specified by Contractor. The Construction Cost shall include
the cost at current market rates of labor and materials furnished by the Town and equipment designed,
specified, selected or specially provided for by Contractor, plus a reasonable allowance for the construction
contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for
market conditions at the time of bidding and for changes to the Project during construction. The term
“Construction Cost” does not include the compensation of Contractor and Contractor’s consultants, the cost
of the land, rights-of-way, financing, or other costs that are the responsibility of the Town.
B. Responsibility for Construction Cost.
1. Evaluations of the Town’s budget for the Project, preliminary estimates of Construction Cost,
and detailed estimates of Construction Cost, if any, prepared by Contractor, represent the
Contractor’s best judgment as a design professional familiar with the construction industry.
It is recognized, however, that neither Contractor nor the Town has control over the cost of
labor, materials, or equipment, over the construction contractor’s methods of determining
bid prices, or over competitive bidding, market, or negotiating conditions. Accordingly,
Contractor cannot and does not warrant or represent that bids or negotiated prices will not
vary from the Town’s budget for the Project or from any estimate of Construction Cost or
evaluation prepared or agreed to by Contractor.
2. No fixed limit of Construction Cost shall be established as a condition of this Agreement by
the furnishing, proposal or establishment of a budget for the Project, unless such fixed limit
has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has
been established, Contractor shall be permitted to include contingencies for design, bidding,
and price escalation, to determine what materials, equipment, component systems, and
types of construction are to be included in any construction contract documents, to make
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reasonable adjustments in the scope of the Project, and to include in the construction
contract documents alternate bids to adjust the Construction Cost to the fixed limit.
3. If the Town does not issue its invitation to bid within 90 days after Contractor submits the
proposed contract construction documents to the Town, Contractor shall have no further
responsibility with respect to the Construction Cost
4. If a fixed limit of Construction Cost is exceeded by the lowest bona fide bid, the Town shall:
i. give written approval of an increase in such fixed limit;
ii. authorize re-bidding within a reasonable time
iii. abandon the Project; or
iv. cooperate in revising the scope of the Project and its quality as required to reduce
the Construction Cost.
5. If the Town chooses to proceed under subsection (d)(4) hereof, Contractor shall, without
additional charge for services or out-of-pocket costs, modify its design and/or the proposed
construction contract documents as necessary to comply with the fixed limit, if established
as a condition of this Agreement. The modification of such documents shall be the limit of
Contractor’s responsibility arising out of the establishment of a fixed limit.
XI. MISCELLANEOUS
A. Time is of the Essence; Days. The Parties agree that time is of the essence with respect to
this Agreement. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day
on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to
Section 24-11-101(1), C.R.S., such day will be extended until the next day on which such banks and state
offices are open for the transaction of business.
B. 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:
1. 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
2. Withhold payment to the Contractor until the necessary services or corrections in
performance are satisfactorily completed; and/or
3. Deny payment for those services which have not been satisfactorily performed, and which,
due to circumstances caused by the Contractor, cannot be performed, or if performed would
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be of no value to the Town; and/or
4. Terminate this Agreement in accordance with this Agreement.
The remedies herein provided shall be in addition to and not in substitution for the rights and remedies which
would otherwise be vested in either Party in law or equity, all of which rights and remedies are specifically
reserved by the Parties. The remedies herein provided or otherwise available to each Party shall be
cumulative and may be exercised concurrently. The failure to exercise any of the remedies herein provided
shall not constitute a waiver thereof, nor shall use of any of the remedies hereby provided prevent the
subsequent or concurrent resort to any other remedy or remedies which by this Agreement or by law or equity
shall be vested in each Party.
C. 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.
D. 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 obligation of this
Agreement. In the event the Town shall elect to selectively or successively enforce its rights under Section
X.B, such action shall not be deemed a waiver or discharge of any other rights of the Town under this
Agreement or at law.
E. Integration and Amendment. This Agreement constitutes the entire agreement between the
Parties, superseding all prior negotiations, representations, or agreements, either written or oral. Except for
Change Orders described in Section I.D, any amendments to this Agreement must be in writing and be signed
by both the Town and Contractor.
F. Third Parties. 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-consultant 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.
G. Notice. Any notice to the parties required under this Agreement shall be in writing, delivered
to the person designated below for the parties at the indicated address unless otherwise designated in writing.
Only mailing by United States mail or hand delivery shall be utilized for notice required to be given under this
Agreement. Facsimile and e-mail addresses are provided for convenience only. However, copies of mailed
or hand-delivered notices may be sent to the parties via e-mail or facsimile.
TOWN: Julie Pasillas, Director of Water and Community Resources
9950 Park Avenue
Firestone, CO 80504
CONTRACTOR: Dennis McGrane
1354 Hey Jude Lane, #105
Highlands Ranch, CO 80129
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H. 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.
I. Modification. This Agreement may only be modified upon written agreement of the Parties.
J. 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.
K. Governmental Immunity. The Town and its officers, attorneys 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.
L. 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.
M. Subject to Annual Appropriation. 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
resolutions of Town of Firestone, and other applicable law. Upon the failure to appropriate such funds, this
Agreement shall be terminated.
N. 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.
O. Counterparts and Signatures. This Agreement and any Change Order may be executed by
the parties in counterparts, each of which shall be deemed to be an original and all of which, when taken
together, shall constitute one and the same Agreement. Each of the Parties shall be entitled to rely upon a
counterpart of the instrument executed by the other Party and sent by facsimile or electronic transmission.
The Parties further agree this Agreement and any Change Order may be executed by electronic signatures,
and any electronic signatures, electronic record of this Agreement or Change Order containing an electronic
signature, or a paper copy of an electronic signature shall be effective for all purposes and binding upon the
party providing such electronic signature as if it were the party’s original signature, in accordance with the
provisions of the Uniform Electronic Transactions Act, Title 24, Article 71.3 of the Colorado Revised Statutes.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
TOWN OF FIRESTONE, COLORADO
Don Conyac Jr., Mayor
ATTEST:
Miriam Granados Luna, CMC, Town Clerk
APPROVED AS TO FORM:
Marshall Keith Martin, Town Attorney
CONTRACTOR:
McGrane Water Engineering, LLC
By:
Dennis McGrane
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EXHIBIT A
SCOPE OF SERVICES
(see attached 14 pages)
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McGrane Water Engineering, LLC
1354 Hey Jude Ln #105., Highlands Ranch, CO 80540 Office: (303)823-5933, Cell: (303) 917-1247
E-Mail: dennis@mcgranewater.com
May 1, 2026
Mr. David Lindsay, PE.
Colorado Civil Group Via email at: dlindsay@ccginc.com
5110 Granite St. Suite 200
Loveland, CO 80538
RE: Proposal – Town of Firestone – Barefoot Lakes/Vogl-Stinar Horizontal Well and Pipeline to
Firestone Water Treatment Plant
Dear Mr. Lindsay:
At your request, McGrane Water Engineering, LLC (MWE) is providing this proposal to provide
professional design services for the Barefoot Lakes/Vogl-Stinar (BL-VS) Horizontal Well and
Pipeline Project for the Town of Firestone. The project is located between Weld County Rd 26
(CR26) and Saint Vrain Creek (SVC) in Section 36, Township 3 North, Range 68 West (6th PM). The
project will provide additional water for the Town that will be delivered to the Town’s “FAST” water
treatment plant which is located approximately one mile to the east.
Engineering Team
There are three engineering firms teaming on this phase of the project. MWE will lead the design
teams and the Town will contract through MWE. Dennis McGrane, PE, CPG (MWE) will be
primarily responsible for horizontal well (“H-well”) design, well testing, geotechnical engineering
oversight, pump design, and project management. The two other primary engineering firms
subcontracting to MWE include:
• Miller Groundwater Engineering, LLC (MGE). Calvin Miller, PE, PhD will be responsible
for: i) aspects of project planning, ii) groundwater hydraulics and analysis, including aspects
of well design decisions, and iii) groundwater modeling tasks related to well, placement,
design, and future testing.
• D2 Consultants, LLC. (D2). Daria Drago, PE will lead civil engineering tasks including: the
utility and wetlands studies, pipeline and pumphouse (including mechanical) design and
surveying oversight.
MWE, MGE, and D2 have worked together since 2009 (~17 years) on numerous water supply
projects in northern Colorado including the Town of Firestone’s FAST H-well project and the
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VS-BL Horizontal Well, Pump House, and Pipeline Proposal
May 1, 2026
Page 2 of 14
McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
Mountain Shadows Park non-potable irrigation system project. MWE will subcontract some portions
of the design work to specialty subcontractors as discussed below. The Town will contract with
MWE for all professional engineering services related to the design.
Colorado Civil Group (CCG) will act as the Town representative. CCG will provide additional
project management oversight and be a liaison between this project’s goals and the Town’s strategic
water planning.
Project Site
Figure 1 shows the preliminary H-well alignment and necessary infrastructure including:
• ~1500-ft-long H-well along the SVC;
• ~1675 ft of non-perforated, gravity-flow pipeline (likely 18-inch diameter) to convey
groundwater southward to a point outside the 100-year floodplain;
• A pipeline connection (either a wye or manhole) with valves upstream to control flow and
allow access for water level monitoring and H-well maintenance;
• A “wet-well” (likely a concrete vault) at the end of the conveyance pipeline;
• One or more vertical turbine pumps set inside the wet-well to pump water to the Firestone
water treatment plant;
• A simple wood-framed type “pump house” installed over the wet-well;
• Pumps, pipes, valves, flow meter, power and controls inside the pump house; and
An ~5700-ft-long buried force-main that conveys the pumped groundwater along CR26 to
the raw water storage tank at the Firestone water treatment plant.
Figure 1 – Preliminary H-well and Pipeline Alignments
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May 1, 2026
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McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
Project Background
In 2025, MWE and MGE evaluated the feasibility of an H-well pumping water at the BL-VS site.
That evaluation is documented in a joint comprehensive report titled, “Horizontal Well Feasibility
Study - Vogl-Stinar and Barefoot Lakes Site” dated April 2026. The report includes an executive
summary with the following attachments:
• A hydrogeology memorandum by MWE dated February 26, 2026, that documents existing
hydrogeologic reports, well data from the Colorado Division of Water Resources, past
test-drilling geotechnical data from the nearby Barefoot Lakes development, new test-
drilling data obtained by MWE, and H-Well site recommendations;
• A pumping test memorandum by MGE dated February 27, 2026, that documents the
team’s analysis of two pumping tests conducted at the VS-BL site in Fall 2025;
• A groundwater yield modeling/projection memo by MGE dated March 31, 2026, that: i)
compares projected yields for different H-well route and location options; ii) estimates H-
well performance for municipal demand curve operations; and iii) documents model
assumptions used in making the VS-BL site yield projections.
The report concludes that a properly designed and constructed H-well, approximately 1,500-ft-long
and located approximately 80 feet from the SVC channel, could theoretically produce and sustain a
maximum of 1,700 gpm. The high productivity of that well is based on its close proximity to the
SVC and its ability to induce seepage from the river into the aquifer. The sand and gravel aquifer
will partially filter the water. Water quality sampling was conducted by Spheros Environmental in
the Fall of 2025. It is MWE’s understanding from CCG that the water quality is acceptable for the
treatment capabilities at the Firestone water treatment plant.
H-Well Installation Methods
H-wells are unique for high-capacity municipal water supply. To our knowledge, there are less than
five municipal H-wells in Colorado, including the 200-foot long H-well at FAST. In a memorandum
to Dave Lindsey (CCG) dated December 9, 2018 we discussed different means of installing H-wells
including “open” excavation using conventional backhoes, “trenchless” excavation, and Horizontal
Directional Drilling (HDD). We recommended using the open trench approach at the Town’s FAST
site which was a success.
In March 2026, we further evaluated H-well installation methods. We contacted the two known
“trenchless” contractors in the United States and obtained preliminary designs and costs for installing
an H-well using their methods. Their methods use a large (e.g., up to 100-ft reach) chain-saw-type
trencher to cut to the bottom of the aquifer while simultaneously installing up to two 8-in diameter
perforated pipes and pipe bedding as the trencher advances across the surface. We believe the
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May 1, 2026
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McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
technology may work, and it may have some strong logistical installation advantages over deep open-
trenching and dewatering. The trenchless contractors have only recently (this week) provided us
with references that may allow us to compare the theoretical design yield of their installation sites
with actual production tests performed after installation. At this point, we remain skeptical how
hydraulically efficient the trenchless H-wells are for maximum water production at VS-BL. Because
of this, we don’t have high-enough confidence to recommend using the trenchless approach.
Similarly, our most recent research on HDD drilling has confirmed that HDD has a high risk for
either complete failure (pipe route deflections) or poor yield performance. Therefore, this proposal
is based on pursuing the H-well open-trench method for the VS-BL site.
I. SCOPE OF WORK
The project will include three engineering design tasks:
• Design Task 1 – H-well, wet-well, and solid (non-perforated) conveyance pipeline in between;
• Design Task 2 – Pump house, controls, and pressurized force main to the Firestone water
treatment plant and prepare an Opinion of Probable Cost for project construction; and
• Design Task 3 – A sole-source pump procurement project with the Town’s existing pump
provider and contractor, Water Technologies Group (WTG), a Cogent Inc. company.
Each design task is broken down into subtasks culminating in preparing two sets of plans and
specifications, one for the pump procurement (Task 3) and the other for all remaining construction
Tasks 1 and 2. The Task 1 and 2 plans and specifications will be publicly bid, and the pump
procurement project will be sent only to WTG for pricing.
Design Task 1 - H-well, Wet-well, and Solid Conveyance Pipeline
This includes the following subtasks:
Proposal Technical Scope Preparation
The proposal preparation involved the following technical planning tasks:
• Collaboration between the MWE design team, engineering design subcontractors, and CCG;
• Reevaluating H-well installation methods;
• Obtaining costs and requesting case study references from two trenchless H-well contractors;
and
• Preparing this and previous versions of this proposal.
Evaluate and Compare H-Well Alignment Options
This includes updating and using the computer model to evaluate H-well yields, including the following
tasks:
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McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
• Update model with additional geotechnical data obtained during design phase;
• Update model, if needed, with professional survey information;
• Further compare H-well yields for alignments located at various distances from SVC;
• Evaluate “winged” H-well alignments that flow toward a center connection point;
• Evaluate single versus dual side-by-side pipe configurations;
• Evaluate flat versus steep H-well pipe slopes (e.g. smaller pipes require steeper slopes for
maximum gravity-flow conveyance);
• Seek input from excavation contractors concerning clearing, grubbing, staging and excavation
costs; and
• Consider alternative H-well alignments if routes are adjusted due to wetlands, trees, topography,
property lines, or other site construction logistics; and
Assumptions: 1) We have included 80 hours for MGE to conduct the various model runs; and 2) we
included 16 engineering hours and $2,000 to pay for two different pipeline contractors to visit the site
and provide construction and dewatering logistical input and preliminary cost estimates to consider in
the recommended alignment and cost estimate provided in Task 2 discussed below.
Job Product: 1) A task memo that includes model descriptions, drawdown figures, and tabulated yield
predictions and comparison; and 2) a preferred alignment that incorporates yield vs. logistics factors.
Need from Town: 1) We request the Town, through CCG, select a final alignment for the final design.
H-well and Solid Pipeline Materials, Connection (wye, or manhole), Valving and Access
We will design a stable connection between the “winged” H-well and solid conveyance pipeline to the
wet-well. It needs to have valves on either side to isolate control and stop flow from either side. There
also needs to be access for H-well water level measurements and rehabilitation or clean-out. We will
also evaluate:
• Perforated and solid pipeline materials, size and gradient; slot size and overall open area; and
• H-well/Solid pipeline connection (wye or manhole), valving and access.
Assumptions: 1) The decision to use a wye or manhole connection will depend on: i) stability, head loss
through it, and the ability to access inside the H-well; ii) constructability; iii) State H-well variance
approval; and iv) cost. 2) We budgeted $13,000 for SMRC to design a manhole connection and prepare
a drawing for the plans and specifications if that design option is selected.
Job Product: 1) We will present the pros and cons of either option in our design comparison
memorandum discussed below.
Wetlands Delineation
We will:
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McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
• Conduct a desktop analysis that involves evaluating existing wetlands and soil mapping by the
US Department of Agriculture, Natural Resources Conservation Service (NRCS);
• Conduct a field wetland survey to delineate aquatic resources along the preliminary alignment
based on US Army Corp of Engineers (USACE) Great Plains Regional Wetland Delineation
Manual and other appropriate regional guidance; and
• Coordinate with the USACE and Colorado Department of Public Health and Environment
(CDPHE) regarding the wetlands findings and, if needed, submit a Jurisdictional Determination
(JD) request to determine whether individual Clean Water Act Section 404 permitting is
required.
Assumptions: 1) We will subcontract wetlands delineation tasks to D2’s wetlands specialist Robert
Belford. Based on our initial site visit, his preliminary opinion is that we will be able to operate under
a “Nationwide” Section 404 Clean Water Act Permit. Therefore, a site specific individual 404 permit
can likely be avoided; 2) Belford’s budget ($16,000) does not include preparation of a site specific 404
permit or a State of Colorado “Waters of the State” Permit. If either are required, a separate scope and
fee for this work will be submitted to the Town for consideration; and 3) The wetland delineation
boundary does not require survey precision and will be captured using a phone app.
Job Product: 1) Memo with wetland mapping 2) Copies of the USACE regional wetland datasheets
and/or stream forms will be included in the report appendix, and 3) GIS shapefiles will be provided to
the Town.
Geotechnical Engineering (including drilling, materials testing and monitoring well installation)
We will subcontract site geotechnical work to CMT Technical Services. CMT team leader (Craig
Vaughn, PE) led the CMT staff who did the geotechnical work at the Town’s FAST site. CMT will
evaluate geotechnical conditions along the H-well alignment, convenance pipeline alignment and at the
wet-well. Activities include:
• Drilling approximately 17 borings to bedrock along the proposed alignment to refine depth and
elevation of bedrock;
• Collecting samples via spilt-spoon sampling;
• Completing four borings as permanent monitoring wells;
• Soil sampling using a modified California sampler and standard penetration tests (SPTs) to
assess material hardness and layering;
• Conducting laboratory testing to classify and characterize the soil/bedrock. Testing will
include: grain-size distribution, plasticity, natural moisture content, and density,
swell/consolidation in response to wetting, soil corrosivity potential, and rock quality
designation (RQD) on core samples if conducted; and
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McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
• An engineering report that includes:
o the site drill plan;
o boring log summary and laboratory results;
o a discussion of geotechnical site development considerations and constraints, grading
recommendations, and slope configuration;
o trenching and shoring recommendations for close excavating close to SVC;
o a discussion of allowable bearing pressures, lateral load criteria, difficulty of bedrock
excavation (aka “digability”) and construction considerations; and
o recommended compaction criteria for fill and backfill.
Assumptions: 1) CMT Geotech has provided MWE a proposal for $70,000 to conduct the basic work.
This includes a 10% markup to cover additional insurance liability and management of CMT’s work.
No markup will occur if the Town chooses to contract directly with CMT; and 2) we budgeted 8 man-
days to be present in the field with CMT to observe drilling and sample collection.
Job Product: 1) The geotechnical report will be made available to project contractors with the plans
and specifications.
Route Option Memorandum with Recommendations
We will evaluate various H-well locations and designs as described above, including connection type,
and provide a memo discussing option pros and cons and our preferred route and design
recommendations. Upon approval by the Town, we will stake the selected H-well alignment, and our
subcontracted surveyor will survey in the stakes for use in the design plans and capture the test hole
locations. During the preliminary survey work prior to drilling, the surveyor will capture the prior test
hole sites, monitoring well sites, piezometers and surface water features that are simulated in our
groundwater model.
Assumptions: 1) We will not provide results for every model run or route evaluation; rather only those
that support our decision making; 2) We will provide this to CCG to discuss with the Town to confirm
the final design and route recommendation; and 3) this is not a cost-benefit analysis as previously
discussed in prior scoping.
Job Product: 1) Memorandum with text and figures. 2) Survey data in AutoCAD and pdf format.
Well Permit and Well Construction Variance
The State of Colorado’s Division of Water Resources regulates well construction and requires that a
well permit and well-construction variance be obtained for H-wells. H-wells are considered “Infiltration
Galleries” under State well construction rules and regulations (Rule 10.4.13). The Colorado Water Well
Contractor’s Association (CWWCA) Board reviews variances on a quarterly basis. The Board’s 2026
meetings are June 2nd, August 4th, or October 6th. After the Town obtains land ownership, we will
submit a well permit application with a variance request that includes our preliminary H-well and wet-
Docusign Envelope ID: 45C58511-05D6-8FA5-81BE-3D33A3E3E034
VS-BL Horizontal Well, Pump House, and Pipeline Proposal
May 1, 2026
Page 8 of 14
McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
well designs to the State. This will allow us to appear and present before the CWWCA at, hopefully,
their August meeting.
Assumptions: 1) We have budgeted 84 hours for our design team to evaluate, prepare, and present our
H-well design at the CWWCA board meeting; 2) In case additional revisions or meetings are required,
we included a 10-percent design contingency that should cover additional costs.
Job Product: 1) Well permit application and well variance request and presentation to the CWWCA.
Needs from Town: This proposal does not include preparing a Substitute Water Supply Plan (SWSP)
which will be required to use a well that the State permits. 2) If a well permit and variance are granted
contingent on approval of a SWSP, it will be good for two years, with the option to request a one-time
permit extension for an additional year.
Surveying
We propose conducting a topographic survey by a licensed surveyor. The survey will be used to: i)
estimate the pipeline excavation depths; ii) select a pipeline alignment as part of Design Task 2
discussed below; iii) located buried utilities prior to drilling and pipeline alignment selections; and iv)
to include as base mapping in the plans and specs. The survey will include a 100-foot wide corridor
following the draft pipeline alignment from SVC on the Barefoot Lakes property and across the Vogl-
Stinar properties. The survey will continue eastward along CR26 to the FAST raw water storage tank
including 75 feet on either side of CR26 (see Figure 1). The surveyor will locate buried utilities and
document existing topography, property lines, recorded easements, utilities, including oil and gas
pipelines and municipal utilities along CR26, and other features impacting the pipeline design such as
crossings or obstructions.
As discussed under Task 1, a second survey will be conducted after the geotechnical drilling to capture
the test hole locations and the selected H-well alignment for inclusion in the design plans.
Assumptions: 1) We will subcontract the surveying work to a licensed professional land surveyor. We
have received costs from Lat 40 and from Civil Arts. We believe the survey work can be conducted for
$44,000; 2) We have included a 10 percent design contingency in case justified costs exceed our
estimate. 3) Recorded easements will be provided to the surveyor via title commitment. The title
commitment is assumed to cover up to 10 properties and cost up to $2,500. 4) A 75-foot corridor along
the proposed H-well and collection pipe route will be sufficient for pre-field work buried utility locates.
Job Product: 1) Survey data will be provided in pdf and AutoCAD format and integrated into our
design plans. The digital survey data will also be provided to the Town for reference.
Preliminary Transformer Cost Estimate
We expect a transformer from United Power to be a long-lead time item. MWE will provide our
electrical subcontractor, Browns-Hill Engineering and Controls (BH), preliminary load estimates for
Docusign Envelope ID: 45C58511-05D6-8FA5-81BE-3D33A3E3E034
VS-BL Horizontal Well, Pump House, and Pipeline Proposal
May 1, 2026
Page 9 of 14
McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
pump station pumps, electrical, lighting, heating, etc. BH will then calculate a preliminary load
calculation and coordinate with United Power to determine a transformer cost and delivery time.
Assumptions: 1) BH estimates it will cost $4,100 to conduct the work, which we increased to $6,000 in
case multiple review iterations with United Power are required.
Job Product: 1) BH will provide a transformer cost estimate and delivery time.
Needs from the Town: 1) We request that the Town order and pay for the transformer in a timely manner
so that power is available during project construction.
Plans and Specifications
We will compile the results of the above tasks into plans and specifications for project bidding.
Task 1 Cost Assumptions
Table 1 contains a detailed cost summary for Design Task 1. We estimate the total cost for MWE
(including D2 and MGE) will be approximately $194,000. We estimate engineering subcontractors
will cost an additional $165,000, totaling $359,000. The wet-well structural design is not included and
will be done by the vault provider as part of the construction bid, similar to how it was done at FAST.
Table 1 – Task 1 (H-well, Wet Well, and Gravity-Flow Well Pipeline) Opinion of Probable Cost
Task 1 - H-well, Wet Well and Solid Pipeline
Task
Description
Subtask No.
SubTasks 2026
Months
Weeks
(Max)
MWE, MGE
and D2
Engineering Subs Total
Engineering $
1A
Design
Apr-July
12
b Evaluate Alignment Options via Modeling $ 28,000 $2,000 $ 30,000
c $ 9,000 $13,000 SMRC $ 22,000
d Wetlands Delineation & Regulators Outreach $ 14,000 $16,000 Robert Belford $ 30,000
e Geotech Drilling and Monitoring Well Installation $ 22,000 $70,000 $ 92,000
f Memo Comparison and Recommendations $ 17,000 - - $ 17,000
h $ 7,000 $47,000 Civil Arts $ 54,000
j Size Transformer $ 6,000 $6,000 BH $ 12,000
1B Prepare Plans and
Specs and Bid
a Text Sections
July - Aug
4
$ 17,000 - - $ 17,000
b Prepare Plans, Specs and Drawings $ 13,000 $10,000 LineDesign $ 23,000
Total Task 1 16 $ 194,000 $ 165,000 $ 359,000
Design Task 2 – Pump House, Controls, and Pipeline to the Firestone Water Treatment Plant
Task 2 includes the following design subtasks:
Force Main Alignment
Docusign Envelope ID: 45C58511-05D6-8FA5-81BE-3D33A3E3E034
VS-BL Horizontal Well, Pump House, and Pipeline Proposal
May 1, 2026
Page 10 of 14
McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
Upon receipt of the Notice to Proceed, the selected surveyor will be tasked with locating
underground utilities within 75 feet of the potential pipeline alignment route along County Road 26.
The survey data will include recorded easements, rights-of-way, buried utilities, ground shots every
50 feet and surface features.
Upon receipt of the survey data, D2 will identify a recommended pipeline route between the wet well
and the WTP site with consideration given to ease of construction as well as minimizing utility and
road crossings. The preferred route will be provided to CCG for review and approval. Once an
approved route has been selected, the pipeline plan and profile design will be drafted for inclusion in
the bid package.
Assumptions: 1) The force main will be approximately 6,000 linear feet. 2) We have included a 10
percent design contingency in case justified costs exceed our cost estimate.
Job Product: 1) Draft pipeline route for approval and finalize for the plans and specs.
Component Design
We intend to design the pump station in a similar fashion as the FAST pump station. Design components
of this project and relevant subcontractors (other than MWE, D2 and MGE) are identified below:
• The pump station wood-frame structure and foundation design (SMRC Engineering);
• Pump house mechanical including piping and appurtenances;
• Pump house electrical and controls (Browns Hill Engineering and Controls);
• Pipeline to FAST;
• Tie-in to existing raw water header at the WTP; and
• SCADA (Browns Hill Engineering and Controls).
We will document design criteria and assumptions in a brief “Design Criteria” memorandum. The
purpose of the design criteria memorandum is for the Town to review critical design and material
assumptions prior to preparing the plans and specifications. The memo will include tabulated design
assumptions, materials and sizes including:
• H-well pipe size, material schedule, slot size and open area and design yield;
• Connection details between the H-well and conveyance pipeline including valve and access
locations;
• Pump house dimensions, materials, and features such as wet-well volume, windows, doors,
siding, colors, and access hatches;
• Pump house mechanical criteria and assumptions including: pipe size, materials, valving, meter
type and instrumentation;
• Pump house lighting, heating and ventilation selections;
Docusign Envelope ID: 45C58511-05D6-8FA5-81BE-3D33A3E3E034
VS-BL Horizontal Well, Pump House, and Pipeline Proposal
May 1, 2026
Page 11 of 14
McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
• Pump on/off control logic and shut-off criteria; and
• SCADA control components, as well as, logic and assumptions.
We will prepare a separate memorandum that provides our opinion of probable cost for construction
and construction engineering activities by task. It will include preliminary costs obtained from pipeline
contractors obtained during Task 1 discussed above. It will include MWE and subcontractor
construction engineering, observation and testing cost estimates and a proposed schedule.
Plans and Specifications
Upon approval of the design criteria and proposed materials, we will design the respective components.
One comprehensive project manual will be drafted with a cohesive set of plans and specifications for
bidding as a single project. It is our understanding that the project may not be bid immediately;
therefore, we anticipate minor updates to some sections of the bid package including “Instructions to
Bidders” and “Invitation to Bid” will need revision prior to bidding.
Assumptions: 1) We have included subcontractor costs in Table 2; 2) We assume a 10% contingency is
sufficient for unforeseen circumstances.
Job Product: 1) Design Criteria memorandum; and 2) Project Manual (including approved submittals).
Need from Town: 1) We request that the Town review the Design Criteria memorandum within two
weeks of final submittal.
Task 2 Cost Assumptions
Table 2 contains a detailed cost summary for Design Task 2. We estimate the total cost for MWE
(including D2 and MGE) at $135,000. We estimate subcontractor costs will cost an additional $54,000,
totaling $189,000.
Table 2 – Task 2 ( Pump House, Controls, and Force Main)) Opinion of Probable Cost
Task 2 - Pumphouse, Controls and Pipeline to FAST
Task
Description
Subtask No.
SubTask Description 2026
Months
Weeks
(Max)
MWE, MGE
and D2 Engineering Subs Total
Engineering $
2A Pipeline Alignment a Pipeline Alignment
Jul -Aug
4
$ 18,000 $5,000 LineDesign $ 23,000
2B
Design
a Pump House Structural $ 8,000 SMRC $ 17,000
b Pump House Mechanical $ 18,000 $10,000 LineDesign $ 28,000
c Pump House Electrical and Controls $ 11,000 BH $ 20,000
e SCADA design $ 9,000 $9,000 BH $ 18,000
f Engineering Design Criteria Memo to Town $ 16,000 - - $ 16,000
2C Prepare Plans and
Specs and Bid Sep-Oct 8
Total Task 2 12 $ 135,000 $ 54,000 $ 189,000
Docusign Envelope ID: 45C58511-05D6-8FA5-81BE-3D33A3E3E034
VS-BL Horizontal Well, Pump House, and Pipeline Proposal
May 1, 2026
Page 12 of 14
McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
Design Task 3 – Pump Procurement
The Town plans to use their preferred pump contractor, Water Technology Group (WTG) for all
pumping equipment. Therefore, we will prepare a bid specification (including bid sheet) for
contracting, but not publicly bid the project. Task 3 includes:
Design
A pumping system is usually designed based on actual post-construction testing. In this case, we will
design and bid the system based on computer modeling results and then refine the design after testing
but prior to the contractor ordering the equipment. Therefore, based on preliminary modeling results,
we will design the pump to produce approximately 500 to 1800 gpm. The high range is based on recent
transient modeling discussed by MGE in his memorandum dated March 31, 2026. The low end was
based on a cursory review of current published pump curves. We based our proposal on the following
subtasks:
• Refining model forecasts to determine the range of minimum and maximum seasonal yields
using transient model runs
• Calculating total dynamic head based on pumping well drawdown, pipeline friction loses and
lift to the FAST water treatment plant;
• Reviewing pump options with WTG to decide on the best pump for this application; and
• Preparing plans and specifications to provide to WTG.
Plans and Specifications
We will compile the results of the above tasks into plans and specifications and bid sheet for WTG
Assumptions: 1) The Town will pay WTG for any approved work performed in coordinating with MWE
during the design process.
Job Product: 1) Compiled plans, specifications, and drawings for the project.
Task 3 Cost Assumptions
The total cost for MWE for Task 3 shown in Table 3 will be approximately $30,000.
Table 3 – Task 3 Pump Procurement
Task 3 - Pump Procurement Project
Task
Description
Subtask No.
SubTasks Engineering Subs
3A Design a select pump Nov 4 $14,000 - - $14,000
3B Prepare Plans and
Specs b Includes Coordinating with the WTG (Cogent) Dec 3 $16,000 - - $16,000
Total Task 3 7 $30,000 - - $30,000
Docusign Envelope ID: 45C58511-05D6-8FA5-81BE-3D33A3E3E034
VS-BL Horizontal Well, Pump House, and Pipeline Proposal
May 1, 2026
Page 13 of 14
McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
II. PROPOSAL COST ESTIMATE
We estimate that the three primary engineering tasks described above can be completed for $630,000.
This total includes $394,000 for MWE, including MWE’s two primary subcontractors, D2 and MGE
and $236,000 for specialty engineering subcontractors with a 10% contingency. Table 4 summarizes
the project tasks, cost and schedule.
Table 4 –H-well, Pump, Pump House and Pipeline Design
Task and Description Task No Activity 2026 Months Weeks MWE (incl.
MGE and D2)
Engineering
Subs
Total
Engineering $
Task 1 - H-well, Wet Well
and Solid Pipeline 1B Jul-Aug 4 $ 30,000 $ 10,000 $ 40,000
Task 1 Total $ 16 $ 194,000 $ 165,000 $ 359,000
Task 2 - Pumphouse,
Controls and Pipeline to
FAST
2A Pipeline Alignment Jul -Aug
4 $ 18,000 $ 5,000 $ 23,000
2C Sep-Oct 8 $ 30,000 $ 7,000 $ 37,000
Task 2 Total $ 12 $ 135,000 $ 54,000 $ 189,000
Project 3 - Pump
Procurement Project
3A Design Nov 4 $ 14,000 - $ 14,000
3B Dec 3 $ 16,000 - $ 16,000
Task 3 Total $ 7 $ 30,000 - $ 30,000
$359,000 $219,000 $578,000
$35,000 $17,000 $52,000
Payments for our services, like other professional services, are based on the actual time and materials
spent on the Town’s behalf and at hourly rates offered for this specific project scope: ($205/hr for
Dennis McGrane (MWE), $190/hr for Daria Drago (D2), and $190/hr for Calvin Miller (MGE).
Billing will be done by MWE on a monthly basis, and payment is due within 30 days of invoicing.
This proposal is good for 90 days.
III. Time Required
We envision that the project can be completed within 8 months of a notice to proceed. The dates
shown in Table 4 are based on that occurring in May 2026. Delays caused by circumstances beyond
the control of the engineering team could extend the time of completion.
IV. Risk and Uncertainty
There is risk when designing and constructing any type of water supply well, because there is
uncertainty and variability inherent in aquifer properties across a site, including at locations away
from where test drilling occurred, plus reasonable uncertainties associated with groundwater
modeling assumptions and projections. We believe our projections will be well-founded and provide
Docusign Envelope ID: 45C58511-05D6-8FA5-81BE-3D33A3E3E034
VS-BL Horizontal Well, Pump House, and Pipeline Proposal
May 1, 2026
Page 14 of 14
McGrane Water Engineering, LLC
1354 Hey Jude Ln. #105 Highlands Ranch, CO 80129 Phone: (303) 917-1247
email: dennis@mcgranewater.com
good guidance, but actual well performance may be different from expected and projected
performance. No guarantees or warranties can be provided in groundwater. MWE and the well
design team are not closely involved with all associated decisions, such as characterizing the water
quality and its treatability, evaluating the cost-benefits of other water supply options, land
acquisition, pipeline easements, or other project considerations outside our hydrogeology and well-
design scope.
V. Contracting
We envision the Town will include this proposal as an attachment to their standard professional services
We look forward to working the Town of Firestone and CCG on this project.
Sincerely,
MCGRANE WATER ENGINEERING, LLC.
Dennis McGrane, P.E., C.P.G.
Principal Engineer and Hydrogeologist
Docusign Envelope ID: 45C58511-05D6-8FA5-81BE-3D33A3E3E034