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HomeMy WebLinkAbout24-41 Approving Professional Services Design Services McGrane Water Engineering, LLC. Construction of Managed Groundwater Recharge Facility 04-24-2024RESOLUTION NO.24-41 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR DESIGN SERVICES BETWEEN THE TOWN OF FIRESTONE AND McGRANE WATER ENGINEERING LLC REGARDING CONSTRUCTION OF A MANAGED GROUNDWATER RECHARGE FACILITY WHEREAS, the Town of Firestone ("Town") desires to investigate the potential of constructing a ground water recharge facility on the Ruge Property which was recently purchased by the Town; and WHEREAS, McGrane Water Engineering LLC ("MWE") is uniquely qualified to perform such services as it has been providing geohydrological engineering services for the Town since 2016, has been an integral party to the Town's implementation of its 2020 Water Action Plan and was the lead design engineer for the Town's Firestone Alluvial Supply Treatment ("FAST") Managed Recharge Facility at the Town's FAST well field; and WHEREAS, it is therefore in the best interest of the Town to have MWE perform the desired design services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Professional Services Agreement for Design Services between the Town of Firestone and McGrane Water Engineering LLC regarding construction of a ground water recharge facility 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 this ay of April 2024. APP�ED A William P. Hayashi, own Attorney AGREEMENT FOR PROFESSIONAL SERVICES HIS AGRE MENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this day of 1 2024 (the "Effective Date") by and between the TOWN OF FIRESTONE, a Colorado municipa corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town"), and McGrane Water Engineering LLC., an independent Consultant with a principal place of business at 1669 Apple Valley Road, Lyons, CO 80540, a Colorado limited liability company ("Consultant") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Consultant 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: SCOPE OF SERVICES A. Consultant 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: W2024-9560.01 South Platte Recharge Station 1 Exploration. B. A change in the Scope of Services shall not be effective unless authorized as an amendment to this Agreement. If Consultant proceeds without such written authorization, Consultant 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. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date and shall continue until Consultant completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Parry may terminate this Agreement upon 30 days advance written notice. The Town shall pay Consultant for all work previously authorized and completed prior to the date of termination. If, however, Consultant has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. �i6] 1111 Z& NKOR In consideration for the completion of the Scope of Services by Consultant, the Town shall pay Consultant 104 000.00. This amount shall include all fees, costs and expenses incurred by Consultant, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Consultant may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. Page 1 of 11 FIRESTONE IV. PROFESSIONAL RESPONSIBILITY A. Consultant hereby represents 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 Consultant 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 Consultant 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 arising out of the performance of this Agreement. C. Because the Town has hired Consultant for its professional expertise, Consultant agrees not to employ sub -Consultants 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 Consultant shall be exclusively owned by the Town. Consultant 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," Consultant 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 Consultant. 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 by 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. VI. INDEPENDENT CONSULTANT Consultant is an independent Consultant. Notwithstanding any other provision of this Agreement, all personnel assigned by Consultant to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Consultant for all purposes. Consultant shall make no representation that it is a Town employee for any purposes. Page 2 of 11 FIRESTONE VII. INSURANCE A. Consultant 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 Consultant pursuant to this Agreement. At a minimum, Consultant shall procure and maintain, and shall cause any sub - Consultant to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 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 Consultants 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 Consultants shall be excess and not contributory insurance to that provided by Consultant. Consultant shall be solely responsible for any deductible losses under any policy. C. Consultant 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. Vill. INDEMNIFICATION A. Consultant agrees to indemnify and hold harmless the Town and its officers, agents, employees, and assigns from and against , all claims liability, damages, losses, and expenses, including reasonable 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 to the extent caused by, the act, omission, error, professional error, mistake, negligence, or other fault of Consultant, any sub -Consultant of Consultant, or any officer, employee, agent of Consultant, or which arise out of a worker's compensation claim of any employee of Consultant or of any employee of any sub - Consultant of Consultant. Consultant'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 Consultant, any sub -Consultant of Consultant, or any officer, employee, agent of Consultant or of any sub - Consultant of Consultant. Page 3 of 11 „"�t�. FIRESTONE B. If Consultant is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Consultant's obligation to indemnify and hold harmless the Town may be determined only after Consultant'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. 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, at 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. Subiect 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. Page 4of11 FIRESTONE 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: M Print Name: OF FIR ONE, 1 DO Don Conyac, Mayor *4own Clerki� CONSULTANT: McGrane Water ngi e ring LLC By. Print Name: Title: 32go e Page 5 of 11 FIRESTONE NO EMPLOYEE AFFIDAVIT To be completed only if Consultant has no employees 1 Check and complete one: © I, Dennis McGrane, am a sole proprietor doing business as McGrane Water _Ergineeing, LLC . I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the 'Town), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement OR ❑ I, am the sole ownehnembe/shareholder of a [specify type of entity — i.e., corporation, limited liability company], that does not currently employ any indnvduals. Should I employ any individuals during the term of myAgreementwith the Town, I certify that I will complywilh the lawful presence verification requirements outlined in thatAgreement 2. Check one. ® I am a United States citizen or legal permanent resident The Town mustvedfythis statementbyrevfewing one ofthe following items: • A vaid Colorado drivers license or Colorado identification card; • AUnitedStatesmilitarycardoramilitarydependentsidentficationcard; • A United States Coast Guard Merchant Mariner card; • A Native American tribal document • In the case of a resident of another state, the dduars license or state -issued identification card from the state of residence, ifthatslate requires the applicant to prove lawful presence pdorto the issuance ofthe identification card; or • Any other documents or combination of documents fisted in the Town's Acceptable Documents for Lawful Presence Verification' chart that prove both Consultant's atizenshi#1awl+rlpresence and identity. OR ❑ I am otherwise bwfufiy present in the United States pursuant to federal law. Consultant must vedfythis statement through the federal Systematic Men Verification ofFntiflement rSAr prq? ram, and provide such verification to the Town. Sgnahrre Date Page 6 of 11 —�jny�R' FIRESTONE DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Consultant participates in the Department of Labor Lawful Presence Verification Program I, , as a public Consultant 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. 1 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. 1 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 ) of of The foregoing instrument was subscribed, sworn to (or affirmed) before me this 2024, by as My commission expires: (SEAL) Notary Public day Page 7 of 11 0- FIRESTONE EXHIBIT A SCOPE OF SERVICES L PHASE 1 SCOPE OF WORK Phase I engineering work will consist of six tasks described below along with task deliverables and assumptions. Task I - Hydrogeologic Analysis We will: • Prepare this plan and proposal (completed); • Compile hydrogeological reports from the US Geological Survey (USGS) and Colorado Department of Water Resources (CDWR). • Pull well completion reports from CDWR well database and prepare a hydrogeologic database; • Prepare map of existing wells within 600 feet. • Prepare draft maps between the site and the South Platte and Saint Vrain Rivers (depth to water, surficial aquifer depth, aquifer transmissivity (based on well completion report startup data) within one mile north, east, and south of the site to evaluate return flow pathways and aquifer continuity. • Estimate seasonal evaporation for ponds and canals to evaluate evaporative loses for a MAR project and prepare a task memorandum. Deliverables: 1) Maps will be included in the final Phase I report (Task 7); Task 2 - Prepare Drilling Plan Plans and Specifications for Bidding We will: • Prepare plans and specifications for drilling 8 boreholes and 4 monitoring wells; • Obtain test hole drilling permit from CDWR; and • Receive and evaluate bids, and recommend a drilling contractor; Deliverables: 1) Drillingplan, bid package, bid comparison, and recommendation. Assumptions: 1) the drilling Corinactorwill contractdirectly with the Town; and 2) Drill depths and drilling costs are based on an assumed average depth to bedrock of approximately 30 feet based on reviewing nearby well logs. Task 3 — Drilling Observation • Manage the contractor during field activities; • Prepare geologic logs for test holes and monitoring wells; • Select samples from monitoring wells for laboratory sieve analysis (budget <5 per well); • Select monitoring well screen and gravel pack intervals; and • Complete well completion reports and send to CDWR; Page 8 of 11 a-J�Ir FIRESTONE ,Figure 1 shows the preliminary borehole and monitoring well locations. Deliverables: 1) Completed well completion reports sent to the CDWR. Assumptions: 1) budgeted $2,000 for laboratory sieve analysis; and 2) The drilling Contractorwill contract d recdywiththeTown. Task 4 - Evaluate Return Flow Pathways We will: • Refine draft maps prepared during Task 1 between the site and the South Platte and St Wain Rivers (depth to water, surficial aquifer depth, aquifer transmissivity) within 1 mile north, east, and south of the site to evaluate return flow pathways and aquifer continuity. • Compare our transmissivity map with CDWR South Platte Decision Support System aquifer delineation and aquifer transmissivity maps for the purpose of determining preliminary URF's). Task 5 - Computer Modeling We will: • Conceptualize a MODFLOW computer model that is of proper scale to evaluate the physical suitability of the site for a MAR project. • Evaluate MAR recharge options (linear trenches vs. ponds) by comparing seasonal recharge and evapotranspiration rates based on hypothetical deliveries provided by the Town; • Evaluate changes in surficial aquifer saturated aquifer thickness within approximately 2,500 feet (1/2 mile) of the site. • Evaluate Phase II testing at two locations, to i) estimate recharge rates and volumes for various test Page 9 of 11 P— FIRESTONE pit lengths, widths and stage heights; and ii) evaluate test time options. Task 6 - Conduct Computer Modeling Scenarios - URF's We will: • Conceptualize a MODFLOW computer model that is of proper scale to evaluate URFs to the Saint Vmin and South Platte Rivers. • Evaluate URF runs over a range of potential aquifer transmissivities estimated based on our hydrogeologic evaluation and field work vs. SPDSS transmissivity or hybrid values. Deliverables: 1) Preliminary modeling results and recommendations via email to Colorado Civil Croup (CCG). Assumptions: 1) CCG will work closely with their water resources engineer and water rights attorney to provide us feedback and direction. Task 7 - Prepare Phase 1 Letter Report We will: • Prepare a summary report highlighting the results of Phase I investigation and recommending whether to proceed with the Phase II testing phase. Deliverables: 1) The report will not exceed a 10-page written summary; 2) A range of URF's will be presented in figure format for comparison. Assumptions: 1) The decision to move forward with Phase II and III will be decided via discussions with CCG and their water resources engineer and water attorney prior to writing the final report. Requests to Town — — ----- --- -- ----------- -- —� We request that the Town: • Provide an estimate of return flow credits (volume and timing) desired from this project for the purpose of establishing goals for this design; • Engage with their water resources engineer and water attorney to: i) determine recharge water availability and timing; ii) determine site permitting requirements if any; and iii) include any potential recharge facilities in a court approved plan. • Provide site access (mow drill sites) for Phase I drilling; • Contract directly with drilling contractors and surveyors; • Conduct an elevation survey to for the purpose of siting MAR facilities including test trenches and headgate locations; • Survey wellhead and monitoring well stick-up elevations after drilling in both phases; and • Provide final design plan survey and staking. Page 10 of 11 A FIRESTONE II. PHASE I COST We estimate the cost to complete Phase I is $104,000 for engineering and $30,000 for Contractor work as shown in Table 2. Tattle 2 - Phase I Opinion of Probable Cost Phase Task Description _ Engineering Cost ($) Contractors; Iah, and Monitori_ng.($) "Task Total 1.1 Hydrologic Analysis $19,000 $19,000 1.2 Prepare Plans and Specifications S6,000 $2,000 $8,000 1.3 Drilling observation $16,000 $28,000 $44,000 Phased Exploratory Drilling14 Feasibility Study Evaluate Drilling Results $10,000 $10,000 and e 1.5 Computer Modeling -MAR $26,000 $26,000 1.6 Computer Modeling -URFs S12,000 $12,000 1.7 Phase I Letter Report $15,000 $15,000 Task Total $ _ $104 000 $30 000 $134 000 Payments for our services, like other professional services, are based on the actual time spent on your behalf and at hourly rates offered for this specific project ($195/hr for Dennis McGrane and $175/hr for Calvin Miller). Billing occurs on a monthly basis. Payment is expected within 30 days after billing. Work will stop if payment is not made within 60 days. III. TIME REQUIRED We envision all the tasks can be completed in 9 to 12 weeks (3 to 4 months). IV. CONTRACTING We envision the Town will contract with McGrane Water Engineering (MWE) using their Town's standard contract. MWE will subcontract work to Miller Engineering and pass on theTown's contractual terms and conditions. Because we are a small business, we request that the Town contract directly with the other recommended Contractor(s). We will pass through subcontractors and equipment rental costs at no additional charge. Page 11 of 11 FIRESTONE