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HomeMy WebLinkAbout21-67 Agreement Anderson Consulting Engineers Inc Outfall System Plan 05-26-2021c own RESOLUTION N0. 21-01 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ANDERSON CONSULTING ENGINEERS INC FOR AN OUTFALL SYSTEM PLAN WHEREAS, the Town of Firestone ("Town") is in need of professional services to develop an Outfall System Plan for the Town which will guide and address the Town's current and future drainage needs; and WHEREAS, Town staff solicited bids for such services and selected Anderson Consulting Engineers Inc. as the lowest responsive qualified bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Agreement between the Town of Firestone and Anderson Consulting Engineers Inc. for an Outfall System Plan 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 thiso�Oday of , 2021. ATTEST: William AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this _18th_ day of May., 2021 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town"), and _ANDERSON CONSULTING ENGINEERS_, an independent contractor with a principal place of business at 1 375 E Horsetooth Road, Fort Collins, Colorado, 80525 _ ("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 aril 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: Firestone Outfall System Plan (SW2021.9608). Be 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. Be 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 $347,799. 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 arising 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 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. /is 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. J VIL 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 bylaw. 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 policI es 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. B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5- 102(8)(c). IX. ILLEGAL ALIENS A. Certification. ay 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. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien 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 JUL) 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 onI 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 bylaw. The expiration of this Agreement shall in noway 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: a Koenig, Town William P. Hayashi, Town T WN OF FIRESTONE, COLORADO Seem 60al 7enSi %�' $ O p J Bobbi Sindelar, Mayor son ` t•cou�6 ANDERSON CONSULTING ENGINEERS, INC. By: Page 6 of 9 FIRESTONE DEPARTMENT PROGRAM AFFIDAVIT To be completed only if Contractor participates in the Department of Labor Lawful Presence Vecation Program I, ZLyNis Darr-o �.1 , 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 STATE OF COLORADO ) ss. COUNTY OF ) Date �� foregoing instrument was subscribed, sworn to (or affirmed) before me this �$ day of 2021, by 1(, fn� S �, i�z� row as �f PGLilrPY of R rti cs�nn Con sr I+rn� En i-neers. My commission expires: �eCerYl6-Q�', )5 ao��i (SEAL) LEAN A. FISKE __= NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20204043659 MY COMMISSION EXPIRES DECEMBER 15, 2024 Notary Public Page 7 of 9 fiRESTOHE EXHIBIT A SCOPE OF SERVICES ContraCt01'0 Duties During the term ofthis Agreement, Contractor shall generally perform the following duties and those contained in the Contractor's proposal, as directed by the Town: Task 1: Project Management, Public Outreach, and Coordination: • Conduct a project kickoff meeting with appropriate Town staff to review and discuss all work tasks, technical approaches, and work products and to determine details of a public outreach plan. • Conduct regular progress meetings approximately monthly to provide updates on the progress of the plan. • Conduct a public meeting during the planning process to inform the community about the goals of the Outfall System Plan. • Participate in a workshop with the Town Board to understand their desires for the community and to keep them informed of the progress that is being made and the issues that are being addressed. • Present the Outfall System Plan to the Town Board for adoption. Deliverables: o Project schedule o Public meeting o Board workshop o Meeting agendas and minutes Task 2: Data Collection, Coordination and Preparation of Base Mapping: • Collect information from the Town of Firestone and other entities (Town of Frederick, City of Dacono, Town of Erie, Weld County, etc). • Prepare base mapping for the Town of Firestone Growth Boundary. • The consultant will incorporate the existing 1-foot topography for the planning area into the base mapping. Use supplemental information from development submittals for areas that have developed since the topographic mapping was competed. • Consultant will incorporate current aerials into base mapping to show surface features. Task 3: Mapping of Existing Drainage Facilities and Review of Existing Information: • Review drainage reports for existing developments and incorporate major drainage features such as channels, detention ponds, and major drainage paths into the Outfall System Plan. • Review existing soil information from the Soil Conservation Service, or by examining existing soils reports for existing development submittals or capital improvement design projects. • Obtain existing wetland information. An environmental study is not included in the scope of this project, but an inventory of existing identified or suspected wetlands is expected. • With assistance from Town staff, create an inventory of critical existing drainage facilities such as existing detention ponds, water quality ponds, drainage channels, major drainage culverts and other major structures required for a Master Drainage Plan. • Review existing land uses provided by the Town to ensure that the OSP accounts for full build -out Task 4: Modeling of Existing Conditions and Identification of Existing Drainage Issues Page 8 of 9 FIRESTONE • Compile hydrologic information for the average annual, 2-, 5-1 10-, 50- and 100-year return period. • Utilize EPA SWMM (V.51.012) to model the existing conditions. • Determine locations within the existing system that a 100-year storm has the potential to cause property damage or right -of --way impacts. • Provide hydraulic calculations for both the existing conditions and potential solutions to areas of concern. The hydraulic calculations need to show the capacity of existing and proposed conduits, culverts, detention facilities, bridges, etc. • Review drainage reports from existing developments to determine if water quality is included in existing detention ponds. Deliverables: o Technical Memorandum which describes the existing drainage system, potential areas of concern and recommended solutions to eliminate the concerns. o Technical Memorandum that illustrates locations where water quality is or is not provided in existing detention ponds. Task 5: Modeling of Proposed Conditions Assuming On -Site Detention is Required with Development • Utilize hydrologic information for the average annual, 2-, 5-, 10-, 50. and 100-year return period. • Utilize EPA SWMM (V.51.012) to model the proposed conditions. • Provide hydraulic calculations for the sizing of major drainage way system alternatives capable of conveying peak runoff rates from the 100-year storm without creating property damage or right-of- way impacts. Hydraulic calculations need to determine the capacity of existing and proposed conduits, culverts, detention facilities, bridges, etc. Task 6: Final Report • Prepare a draft Outfall System Plan and Report that provides clear direction for the Town's drainage needs. • Develop an implementation plan for the phasing (short-term, mid-term, and long-term) and funding of the improvements needed. The implementation plan shall identify triggers for implementation of priority improvements and will identify opportunities with other public agencies and private entities to fund the needed improvements. Cost estimates for said improvements shall also be provided along with potential funding sources. • Based on Town input, provide a final Outfall System Plan and Report to be presented to the Town's Board for adoption. Deliverables: o Provide five (5) copies and an original electronic version of a Final Outfall System Plan. o Board presentation for Plan adoption.