HomeMy WebLinkAbout20-68 Agreement Wenck Associates, LLC Engineering Design Services 07-08-2020RESOLUTION N". 20-68
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND WENCK ASSOCIATES, INC., FOR ENGINEERING DESIGN
SERVICES FOR THE TOWN OF FIRESTONE S POTABLE WATER DISTRIBUTION
SYSTEM
WHEREAS, the Town of Firestone ("Town") employed a qualification based selection
process for engineering design services for a pump station and associated pipeline for the Town's
potable water distribution system; and
WHEREAS, in its analysis of the submittals staff selected Wenck Associates, Inc., as the
most qualified based upon experience and qualifications to perform the services required by the
Town.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Agreement between the Town of Firestone and Wenck Associates, Inc., for
engineering design services for a pump station and associated pipeline for the Town's potable
water distribution system is approved in substantially the same form as the copy attached hereto
and made a part of this resolution and the Mayor is authorized to execute the Agreement on
behalf of the Town.
INTRODUCED, READ AND ADOPTED thisay of � , 2020.
ATTEST:
TOWN OF FIRESTONE, COLORADO
FARES ro
roliwvPjbbi Sin r, Mayor
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Jal�si�a Koenig. Town
AS Tb FO
Hayashi, Town Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and
entered into this 12M day of J , 2020 (the "Effective Date"), by and between the
TOWN OF FIRESTONE, a Colorado m icipal corporation with an address of 151 Grant Avenue,
P.O. Box 100, Firestone, Colorado 80520 (the "Town"), and Wenck Associates, Inc., a Minnesota
corporation and an independent contractor with a principal place of business at 1800 Pioneer Creek
Center, Maple Plain, MN 55359 ("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 furnish all labor and materials required for the complete and prompt
execution and performance of all duties, obligations, and responsibilities which are described or
reasonably implied from the Scope of Services set forth in Exhibit A, attached hereto and
incorporated herein by this reference and known as: Phase 1 SVWTP Treated Water Delivery
System (W2020=9524)
B. A change in the Scope of Services shall not be effective unless authorized 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.
II. TERM AND TERMINATION
A. This Agreement shall commence on the Effective Date, and shall continue until
Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as
provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice.
The Town shall pay Contractor for all work previously authorized and completed prior to 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.
III. COMPENSATION
In consideration for the completion of the Scope of Services by Contractor, the Town shall
pay Contractor 467 440.00. This amount shall include all fees, costs and expenses incurred by
Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses.
Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities and
render the services described herein and has all requisite corporate authority and professional
licenses in good standing, required by law. The work performed by Contractor shall be in accordance
with generally accepted professional practices and the level of competency presently maintained by
other practicing professional firms in the same or similar type of work in the applicable community.
The work and services to be performed by Contractor hereunder shall be done in compliance with
applicable laws, ordinances, rules and regulations.
B. The Town's review, approval or acceptance of, or payment for any services shall
not be construed to operate as a waiver of any rights under this Agreement or of any cause of action
isi
arng out of the performance of this Agreement.
C. 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.
V. OWNERSHIP
Any materials, items, and work specified in the Scope of Services, and any and all related
documentation and materials provided or developed by Contractor shall be exclusively owned by the
Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of
Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work
made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and
interest in such work. The Town may, with respect to all or any portion of such work, use, publish,
display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work
without providing notice to or receiving consent from Contractor.
If the Town reuses or makes any modification to Consultant's designs, documents or work
product without the prior written authorization of Consultant, the Town agrees, to the fullest extent
permitted by law, to release the Consultant, its officers, directors, employees and sub -consultants
from all claims and causes of action arising from such uses, and shall indemnify and hold them
harmless from all costs and expenses, including the cost of defense, related to claims and causes
of action to the extent such costs and expenses arise from the Town's modification or reuse of the
documents.
The Town expressly acknowledges and agrees that the documents and data to be provided
bI Consultant under the Agreement may contain certain design details, features and concepts from
the Consultant's own practice detail library, which collectively may form portions of the design for the
Project, but which separately, are, and shall remain, the sole and exclusive property of Consultant.
Nothing herein shall be construed as a limitation on the Consultant's right to re -use such component
design details, features and concepts on other projects, in other contexts or for other clients.
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INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of this
Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement
shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor
shall make no representation that it is a Town employee for any purposes.
VII. INSURANCE
A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by
Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and
shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with
forms and insurers acceptable to the Town.
1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single limits of
$1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be
applicable to all premises and operations, and shall include coverage for bodily injury, broad
form property damage, personal injury (including coverage for contractual and employee
acts), blanket contractual, products, and completed operations. The policy shall contain a
severability of interests provision, and shall include the Town and the Town 's officers,
employees, and contractors as additional insureds. No additional insured endorsement shall
contain any exclusion for bodily injury or property damage arising from completed
operations.
3. Professional liability insurance with minimum limits of $1,000,000 each claim and
$2,000,000 general aggregate.
B. Such insurance shall be in addition to any other insurance requirements imposed
by law. The coverages afforded under the policies shall not be canceled, terminated or materially
changed without at least 30 days prior written notice to the Town. In the case of any claims -made
policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain
such continuous coverage. Any insurance carried by the Town, its officers, its employees or its
contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor
shall be solely responsible for any deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence that the
required policies are in full force and effect. The certificate shall identify this Agreement.
VIII. INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability,
damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or
damage, including without limitation claims arising from bodily injury, personal injury, sickness,
disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out
of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of
Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of
Contractor, or which arise out of a worker's compensation claim of any employee of Contractor or of
any employee of any 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.
Be If Contractor is providing architectural, engineering, surveying or other design services
under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town
may be determined only after Contractor's liability or fault has been determined by adjudication,
alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as
provided by C.R.S. § 13-50.5-102(8)(c).
IX. ILLEGAL ALIENS
A. Certification. By entering into this Agreement, Contractor hereby certifies that, at
the time of this certification, it does not knowingly employ or contract with an illegal alien who will
perform work under this Agreement and that Contractor will participate in either the E-Verify Program
administered by the United States Department of Homeland Security and Social Security
Administration or the Department Program administered by the Colorado Department of Labor and
Employment to confirm the employment eligibility of all employees who are newly hired to perform
work under this Agreement.
B. INNNiMMIN
Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal
it to perform work under this Agreement, or enter into a contract with a subcontractor that fails to
certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien
to perform work under this Agreement.
C. Verification.
1. If Contractor has employees, Contractor has confirmed the employment eligibility of
all employees who are newly hired to perform work under this Agreement through
participation in either the E-Verify Program or the Department Program.
2. Contractor shall not use the E-Verify Program or Department Program procedures
to undertake pre -employment screening of job applicants while this Agreement is being
performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien who is performing work
under this Agreement, Contractor shall$ notify the subcontractor and the Town within 3 days
that Contractor has actual knowledge that the subcontractor is employing or contracting with
an illegal alien who is performing work under this Agreement; and terminate the subcontract
with the subcontractor if within 3 days of receiving the notice required pursuant to subsection
1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who
is performing work under this Agreement; except that Contractor shall not terminate the
subcontract if during such 3 days the subcontractor provides information to establish that
the subcontractor has not knowingly employed or contracted with an illegal alien who is
performing work under this Agreement.
D. Duty to Comply with Investigations. Contractor shall comply with any reasonable
request by the Colorado Department of Labor and Employment made in the course of an investigation
conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms
of this Agreement.
E. Affidavits. If Contractor does not have employees, Contractor shall sign the No
Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired
employees who perform work under the Agreement via the Department Program, Contractor shall
sign the "Department Program Affidavit" attached hereto.
X. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld
County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or
breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or
obligation of this Agreement.
C. Integration. This Agreement constitutes the entire agreement between the Parties,
superseding all prior oral or written communications.
D. Third Parties. There are no intended third -party beneficiaries to this Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed
sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the
address set forth on the first page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall
remain in full force and effect.
G. Modification. This Agreement may only be modified upon written agreement of the
Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the
Parties shall be assigned by either Party without the written consent of the other.
I. 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.
J. Rights and Remedies. The rights and remedies of the Town under this Agreement
are in addition to any other rights and remedies provided by law. The expiration of this Agreement
shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies
may be asserted, for work negligently or defectively performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town not performed during the current fiscal year is
subject to annual appropriation, shall extend only to monies currently appropriated, and shall not
constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year.
L. Representative Authority. Each person signing this Agreement represents and warrants
that he or she is duly authorized and has the legal capacity to execute the Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
ATTEST:
AS TO FORM:
Town Attorney
TOWN OF FIRESTONE, COLORADO
Bobbi Sindelar
WENCK ASSOCIATES, INC.
Print:ntc-°r��c 1
DEPARTMENT PROGRAM AFFIDAVIT
To be completed only if Contractor participates h, the Department of Labor Lamiut Presence Verification Program
as a public contractor under contract with the Town of
Firestone (the "Town"), hereby affirm that:
1. I have examined or will examine the legal work status of all employees who are
newly hired for employment to perform work under this public contract for services ("Agreement")
with the Town within 20 days after such hiring date;
2. I have retained or will retain file copies of all documents required by 8 U.S.C. §
1324a, which verify the employment eligibility and identity of newly hired employees who perform
work under this Agreement; and
3. I have not and will not alter or falsify the identification documents for my newly hired
employees who perform work under this Agreement.
Signature Date
STATE OF COLORADO )
ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to (or affirmed) before me this _day of
2020, by as of
My commission expires:
(SEAL)
Notary Public
OUIZO
SCOPE OF SERVICES
Contractor's Duties
During the term of this Agreement, Contractor shall perform the following duties, as directed
by the Town:
1. Pump Station Design, Construction Drawings, and Specifications as a stand-alone bid set.
a. Station
b. Pumps &Piping
c. Electrical
d. Controls/SCADA
e. Connection to supply manifold and to existing transmission pipeline
f. Metes &Bounds legal description and exhibit for station easement
2. Transmission Pipeline Design, Construction Drawings, and Specifications to be part of a
combined bid with item 3, below.
a. Plan and Profile Drawings
b. Existing utility locates
c. Metes &Bounds legal descriptions and exhibits for all needed easements
3. Point of Connection Station Design, Construction Drawings, and Specifications to be part of
a combined bid with item 2, above.
a. Station
b. Flow regulation system design
c. SCADA
d. Existing utility locates and relocation coordination with utility owners
e. Metes &Bounds legal descriptions and exhibits for all needed easements
4. Final Design Report
a. Design calculations and assumptions for the design of the pumping system
b. Design calculations and modeling for the design of the transmission pipeline
c. Design calculations and assumptions for the points of connection
The Contractor shall include all necessary subconsultants for the performance of the work, including
but not limited to surveyor, geotechnical engineer, electrical/controls engineer, and structural
engineer. The Consultant will prepare two project manuals using EJCDC Contract and Bidding
Documents. Construction bidding and construction services are NOT part of this Contractor's
Deliverables.
In addition to those items listed above, the Scope of Services shall include the following 4 pages
submitted to the Town as part of the proposal for this project.
PROJECT APPROACH (CO Ts
SCOPE OF SERVICES
We propose four major tasks for the Project: Project Management and Coordination, Pre -Design,
Preliminary Design, and Final Design. Our scope of services is detailed below.
PROJECT MANAGEMENT AND COORDINATION
The first task completed. It shall include utility locates, a geotechnical program, site surveying,
and hydraulic analyses.
• Coordination Meetings
o Description: Wenck will lead a project kick-off and bi-weekly coordination meetings
throughout the project. Milestone meetings will also be held for preliminary and
final design reviews.
o Deliverable: Meeting minutes from each.
o Assumptions: Assumes remote bi-weekly meetings.
o Exclusions: Excludes coordination with entities external to the Town and CCG.
Project Management
o Description: Wenck will actively manage all project related activities for the
duration of the project.
o Deliverable: Project management plan.
o Assumptions: Assumes project schedule described within RFP.
Quality Control and Assurance
o Description: Work product quality will be ensured by use of our company specific
designs guidelines. Our rigorous senior review process will assure quality work
products.
o Deliverable: This task applies to all 40V
work products.
o Assumptions: Assumes
deliverables noted within this
proposal.
PRE -DESIGN
It shall include research and investigation, utility
locates, a geotechnical program, site surveying,
and hydraulic analyses.
• Research and Investigation
o Description: Wenck will research all available information relevant to the project
during this initial phase of the work. This task will be the first completed for the
project.
o Deliverable: N/A
o Assumptions: Assumes all requisite data will be readily available and/or provided to
Wenck.
o Exclusions: New modeling and design work to be completed under separate tasks.
• Utility Locates
o Description: Wenck will hydro -vac and positively locate up to 40 existing utilities.
Asphalt core drilling may also be completed as required. Traffic control will be
provided for single lane closures on Firestone Boulevard.
o Deliverable: Tabulated utility info with X, Y, Z coordinates and ASCE quality levels
assigned to each locate.
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PROJECT APPROACH (COTo
o Assumptions: Assumes 40 locates between 0 and 124t. Unit pricing is provided so
additional locates may be completed or deducted. Assumes private access will be
granted and holes backfill with pea -gravel. Assumes up to 8-days' worth of effort
by the locating contractor.
o Exclusions: Excludes asphalt patching in ROW and flaggers for traffic control.
Geotechnical Program
o Description: Geotechnical program will include borings at pump station and vault
sites, either side of three potential/likely trenchless crossings, and at every 1,000-
LF along the pipeline corridor. Standard penetration testing and laboratory analysis
of materials obtained in the field will be completed.
o Deliverable: Geotechnical report with design recommendations for pipeline, critical
crossings, and vaults.
o Assumptions: Assumes 12-ft borings, 15-ft deep, at every 1,000-LF along pipeline
route. Assumes 6-borings up to 40-ft deep at critical
crossing locations. Assumes 3 borings up to 30-ft deep
at station and vault locations.
Surveying
o Description: Topographic survey of the route will be
completed including surface improvements, subsurface
utility locates, and brush lines. Survey to cover ROW or
75-ft on each side of the proposed alignment lying
outside streets. Major property corners will be located to
determine boundary lines.
o Deliverable: Topographic map at 1-ft contour intervals.
Easement exhibits for crossings. rivate
P
o Assumptions: Map to be completed at local NAGD-29.",
Hydraulics
o Description: Wenck will use spreadsheet calculations to
develop initial system curves and identify potential pump
selections. Hydraulic modeling will be completed for
selected pump(s) which shall include transient analysis from rapid shut -down.
Hydraulic model will include fire -flow and water age analysis.
o Deliverable: System curve and pump selections, hydraulic transient, water age, and
fire flow analyses, PRV selections and set points, surge equipment selection, and a
technical memorandum describing results.
o Assumptions: Assumes existing, calibrated, hydraulic model will be provided with
complete demand data including diurnal curves. Assumes Phase I demands of 5-
MGD and ultimate station capacity of 10-MGD.
o Exclusions: Excludes demand updates to hydraulic model and model calibration.
PRELIMINARY DESIGN
The preliminary design phase shall advance the design to a 50% level. It shall include pump
station, pipeline, and initial vault designs.
• Initial Drawing Set -Up
o Description: Wenck will use topographic survey to develop design base and sheet
files. A sheet set manager will also be developed.
o Deliverable: Cover Sheet, Index, General Notes, Existing Conditions, and Town
Standard Details.
o Assumptions: Assumes use of Town standard piping details.
• Preliminary Pump Station Design
o Description: Wenck will create an initial floor plan using equipment selections made
during pre -design. Rough site plan and grading will be completed after building size
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PROJECT APPROACH (COTM
is known. Initial electrical one -lines and lighting plans will be developed.
o Deliverable: Preliminary (50%) Site plan, floor plan, piping plan(s), and station
section views. Preliminary electrical and mechanical plans and one-line(s).
Preliminary structural drawings with architectural sections.
o Assumptions: Assumes N1,000-1,200-111? station.
• Preliminary Pipeline Design
o Description: Preliminary horizontal and vertical pipeline routing will be completed.
Pipe material(s) will be selected, and major crossing methods/approaches defined.
o Deliverable: Preliminary plan and profile sheets for the pipeline route.
o Assumptions: Assumes plan and profile sheets at minimum scale 1"=100'.
• Preliminary Connection Station Designs
o Description: Wenck will develop preliminary site plans and detail layouts for the
connection/blending stations.
o Deliverable: Site plans, vault detail plans, and section view(s).
o Assumptions: Assumes station locations identified within CCG routing study.
FINAL DESIGN
This phase shall advance the design to a final, bid
ready set. It shall include final pump station, pipeline,
and point of connection/blend station designs. A final
design report will be developed documenting design
criteria.
Final Pump Station Design
o Description: Wenck will finalize pump
station site and floor plans, section
views, and details. Electrical, mechanical,
and structural drawings will be finalized.
o Deliverable: Final (90%) site plan, floor
plan, piping plan(s), and station section views. Final electrical and mechanical plans
and one-line(s). Final structural plans, sections, details views, and architectural
sections.
o Assumptions: Assumes N1,000-1,200-HP station.
Final Pipeline Design
o Description: Preliminary horizontal and vertical pipeline routing will be completed.
Pipe material(s) will be selected, and major crossing methods/approaches defined.
o Deliverable: Preliminary plan and profile sheets for the pipeline route.
o Assumptions: Assumes plan and profile sheets at minimum scale 1"=1001
.
o Exclusions: Excludes service or lateral connections outside of the identified
connection point sites.
Final Connection Station Designs
o Description: Wenck will develop final site and detail plans with section view(s) and
details for each vault.
o Deliverable: Site plan, vault detail plans, and section view(s).
o Assumptions: Assumes below grade, pre -cast, vaults located within CCG routing
study. Assumes low -voltage or local power supply for telemetry/controls.
o Exclusions: Structural and architectural services.
Final Construction Documents
o Description: Wenck will develop final construction Drawings, contract documents,
specifications, and bidding documents. We will use standard EJCDC front -ends for
the contract documents, and CSI formatted specifications.
0 Deliverable: Drawings shall include a minimum of Cover Sheet, Index, General
PROJECT APPROACH (CONT.
Notes, Existing Conditions, proposed site plans, pump station and vault site and
detail plans and sections, pump station and vault details, piping plan and profiles
and Town Standard Details. Project manual shall include complete "front -ends" with
contract and bidding documents, and technical specifications.
o Assumptions: Assumes single round of comment by the Town and CCG.
• Project Design Report
o Description: Wenck will create a detailed design report documenting design
parameters, pre -design results, and criteria for all major components including
pump station, pipeline, and entry stations.
o Deliverable: Digital and five hard copies of the report.
o Assumptions: Assumes single round of comment on the report by the Town and
CCG.
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