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HomeMy WebLinkAbout23-64 Second Amendment to cunsulting Services Agreement between Firestone and MCGrane Water Engineering 06-14-2023RESOLUTION N0.23-64 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING THE SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND MCGRANE WATER ENGINEERING, LLC PERTAINING TO THE MOUNTAIN SHADOWS PARK WELL PUMP AND CONTROLS SHED PROJECT WHEREAS, on September 27, 2017, the Town entered into an Engineering Consulting Services Agreement ("Original Agreement") with McGrane Water Engineering, LLC ("McGrane") for the design of a combined alluvial irrigation and production well as part of the Mountain Shadows Well Pump and Controls Shed Project ("Project"); and WHEREAS, on December 12, 2018, the Town and McGrane entered into an amendment to the Original Agreement ("First Amendment"); and WHEREAS, the Parties desire to enter into a second amendment to the Original Agreement: (1) to redefine.and change McGrane's scope of services under the Original Agreement to include design modifications, additional coordination with Parks Department staff, preparing a procurement contract for the well pump and controls, preparation of second set of bidding documents for a re -bid of the construction work, and reduction of certain construction observation services; and (2) to increase the compensation to McGrane under the Original Agreement to account for the change in McGrane's scope of services by an amount equal to $32,55.00 ;and WHEREAS, the Board of Trustees finds that entering into the Second Amendment will facilitate the completion of the Project and is in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Second Amendment to Engineering Consulting Services Agreement between the Town of Firestone and McGrane Water Engineering, LLC is approved in substantially the same form as the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute the Second Amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED this 14th day of June, 2023. ��ESTp� m = �� } o TOWN OF FIRESTONE, COLORADO Drew Alan Peterson, Mayor ATTEST: Bashor, CMC, Town Clerlc SECOND AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE TOWN OF FIRESTONE AND McGRANE WATER ENGINEERING, LLC FOR ENGINEERING SERVICES (Mountain Shadows Park Irrigation Production Well) THIS SECOND AMENDMENT TO �NSULT�NG SERVICES AGREEMENT is made and entered into effective as of the M day of (y , 2023, by and between the TOWN OF FIRESTONE, a Colorado municipal corporation, hereinafter referred to as the "Town and McGrane Water Engineering, LLC, a Colorado limited liability company doing business as McGrane Water Engineering, LLC, hereinafter referred to as the "Consultant" with reference to that certain Consulting Services Agreement between the Town and Consultant executed by the Town on September 29, 2017, which was first amended on December 12, 2018, and hereinafter referred to as the "Original Agreement." WHEREAS, during the course of the work the Town required additional services of the Consultant beyond the scope of services of the Original Agreement and the parties believe it to be in the best interest to amend the Original Agreement as set forth herein. NOW, THEREFORE, for good and valuable consideration, the Parties agree as follows: 1. Section 4.1 of the Original Agreement is hereby amended to read as follows (words added are underlined; words deleted are shown in strilcee�tt): 4.1 The Town shall pay the Consultant for services requested and rendered under this Agreement at the hourly rates set forth in Exhibit A provided, however, that the total amount payable for Services under this Agreement shall in no event exceed $166, $199,275.00. For services compensated at hourly rates, or on a per -task basis, such rates or costs per task shall not exceed the amounts set forth in Exhibit A, Exhibit Al. and Exhibit A2. The Town shall pay mileage and other reimbursable expenses which are deemed necessary for performance of the services and which are identified in Exhibit A, Exhibit Al, and Exhibit A2. The foregoing amounts of compensation shall be inclusive of all costs of whatsoever nature associated with the Consultant's efforts, including but not limited to salaries, benefits, overhead, administration, profits, expenses, and outside consultant fees. The Scope of Services and payment therefor shall only be changed by a properly authorized amendment to this Agreement. No Town employee has the authority to bind the Town with regard to any payment for any services which exceeds the amount payable under the terms of this Agreement. 2. Exhibits A and Al of the Original Agreement are hereby amended to include the attached Exhibit A2 —Supplemental Scope of Services. 3. The changed services required of Consultant included: (a) Redesign of the pump station, yard piping, and electrical supply to eliminate the Production Well. 1 (b) Meet with Parks staff to get direction on acceptable materials and procedures so the design can be modified so that the construction contractor will make the connections to the Town's irrigation system. (c) Because the well has sat idle for several years, conduct a video inspection to ensure there is no bio-fowling or other deterioration that would impact well production• (d) Preparation of pump procurement contract with Water Technologies Group for Owner procurement of the pump and controls systems. (e) Preparation of a second bidding package for public advertisement. (f) Construction observation is no longer required. (g) Water quality analysis and preparation of the O&M manuals is no longer required• 4. The Original Agreement, as herein amended by this Second Amendment, is hereby ratified and confirmed and remains in full force and effect in accordance with its terms. IN WITNESS WHEREOF, the Parties have executed this First Amendment to Consulting Agreement effective as of the day and year first above set forth. TOWN OF FIRESTONE, a Colorado Municipal Corporation By _. Drew Allen Peterson, Mayor Attest: str Bashor, rf own Clerk CONSULTANT: McGRANE WATER ENGINEERING, LLC a Colorado limited liability company Digitally � nedbyDervOaMcGra"`. Dennis DM cn=Dtnnis M<Grane, P.E. C.P.G., 0. By: McGrane, P.E., ou=Malone Water Engineering. I.I.C. :maD�ennis4!mcgonewa[ercom, D3 • • Datr.2g33.11fig] 14:14:41 -06't%Y Title: President C� o f' O C6 Exhibit A2 —Supplemental Scope of Services [See Following 1 Page] 2 William P. Hayashi, Town A EXHIBIT A2 Table 1—Mountain Shadows Park Irrigation System Cost Sum�nal•y (8/3/22) Task Description Budget $ CA-1 $ Revised Budget $ (12/12/2018) Previously Invoiced $ Cost $ to Complete Job CA-2 Request $ Final Budget $ 1 Project Planning and ParkSiuvey $12,000000 $0 $12,000 $20,867,50 $0 $8086TS0 $20,867.50 2 Prepare Designs (Well, Pumping System, Pipeline, Metering and Control House) and Contractor Bid Package and Design Support $33,000.00 $215555 $545555 $ 74,877.25 $7,000.25 $270322,50 $81,877,50 3 We8 Drilling and Testing $23,000.00 $5,025 $28,025 $282025 $0 $0 $28,025 4 Evaluate Test Data and Estmrate Well Yields $14 000,00 $3 145 $17 145 $17 145 $0 $0 $170145 5 Evaluate Water Quality (Incl. Laboratory Analysis) $3,000.00 $0 $3,000 $0 $0 -$31000 $0 6 Construction Observation ofPwnp Installation and Wellhead Pitless $32000.00 $37000 $6,000 $0 $3,000 -$30000 $3,000 7 Construction Observation of Pump House, Pipelines. Valves and Meterin $9,000000 $3,000 $12,00o $0 $0 -$121000 $0 8 Construction Observation of Electrical System $8,000.00 $3,000 $11,000 $0 $5,000 -$61000 $5,000 9 Prepare O&M Manual and Installation Report $23,000.00 $0 $23,000 $1,050 $20,000 -$10950 $21,050 10 Out of Scope Work To 7/28/22 (summarized below* $0 $0 $o $225310 $o $22,310 $22,310 Subtotals $1283000000 $166,725.00 $164,274.75 $35,000.25 $32,550.00 $199,275.00 $38,725.00 *Out of Scope Work per 7/28/22 invoice OOS1 SWSPworkper Dave Lindsay (1/25/22) $350600 OOS2 Well Video (March, 2022) $1,718.75 OOS3 Design Redo and Park Coordination $13,066425 0OS4 Purnp ProcurementPro'ect $7,175.00 Total Out of Scope Work$= $220310,00 McGrane Water Engineering, LLC 1669 Apple Valley Rd., Lyons, CO 80301. Website: www.nlcQranewateren�iueerintr.com 3 1 �, Vill I FEE IL Fell iAll -t--`1-+ j Area to be Irrigated with IF IF FEW Fit Fill#; Alluvial Well Water'- _ 7 ? 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