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HomeMy WebLinkAbout21-69 Agreement Stantec Construction Engineering St. Vrain Water Treatment Plant Pump 05-26-2021RESOLUTION N". 21-0 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION ENGINEERING BETWEEN THE TOWN OF FIRESTONE AND STANTEC CONSULTING SERVICES INC REGARDING CONSTRUCTION OF THE ST. VRAIN WATER TREATMENT PLANTS PUMP STATION WHEREAS, Stantec served as the design engineer for the St Vrain Water Treatment Plant's pump station and has been involved in the design and construction of other Town water supply system projects including the Reservoir No. 1 project, and WHEREAS, staff recommends, that the Board of Trustees therefore approve the professional services agreement between the Town and Stantec for construction engineering services for the St. Wain Water Treatment Plant's pump station NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, The Professional Services Agreement between the Town of Firestone and Stantec Consulting Services Inc. for construction engineering services for the St. Vrain Water Treatment Plant's pump station is approved substantially in the same form as the copy attached hereto and made a part of this Agreement and the Mayor is authorized to execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this�day of , 2021. vi TOWN OF FIRESTONE, COLORADO bi Sindb�r, Mayor J�s�a Koenig, CMC, APPROVED William AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into thisp'i� day of 2021 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado icipal corporation with an address of 151 Grant Avenue, P.0. Box 100, Firestone, Colorado 80520 (the "Town"), and Stantec Consulting Services Inc., a New York corporation and an independent contractor with a principal place of business at 370 Interlocken Boulevard, Suite 300, Broomfield, CO 80021 ("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: 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: St. Vrain Water Treatment Plant Pump Station Construction Engineering (W2020-9524.03) 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 on an hourly rate plus expenses not to exceed amount of 133 500.00. 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 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. htl�lr•17��1�1�7���diL�i7_«ti77 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. VIII 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. II Iv 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. 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. 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 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. Q-: �' � TOWN OF FIRESTONE, COLORADO sows? t" Go Tab, Mayor, Bobbi Sindelar ATTEST: `O , U l sic oenig, Town Clerk APPROVED AS TO FORM: A I & Z K )/i William Pm wwmvvey STANTEC CONSULTING SERVICES INC. Print: Title: ATTEST• Print Name: / "b�ihc c��t�� Pamela A.K. Massaro Principal, Senior Water Resources Engineer To be completed only if Contractor participates in the Department of Labor Lawful Presence Vercation Program I, 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 OFCOLORADO ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to (or affirmed) before me this 2021, by as My commission expires: (SEAL) Notary Public EXHIBIT A SCOPE OF SERVICES (attached) �^YWENCK Stantec Consultincq Services Inc. now Parr or 7000 Yellowtail Rd, Ste 230, Cheyenne, WY 82009 JStantec May 21 2021 File: 6006365-20-501 Attention: Mr. Dave Lindsay, PE 2204 Hoffman Drive Loveland, CO 80538 Dear Mr. Lindsay, Reference: St. Vrain WTP Pump Station Construction Administration Thank you considering this letter proposal for the St. Vrain Water Treatment Plant Pump Station Project (Project). It has been our pleasure to deliver the design of this facility and appreciate the opportunity to assist with its successful implementation. Our proposed scope of services is described below. Scope of Services Stantec (formally Wenck) proposes three major tasks to assist with implementation of the Project. Task 1-Construction Management Stantec shall complete the Construction Management tasks listed below. All work shall be performed or supervised by a professional engineer licensed in the State of Colorado. Work Products: A. Conduct apre-construction conference. Prepare an agenda for the conference and prepare and distribute minutes. The pre -construction conference will include, but not be limited to, a discussion of the project startup, project schedule, staffing, submittals, processing payment applications, critical work sequencing, change orders, record documents, permit compliance and project safety. B. Review and comment on the Contractor's initial and updated construction schedule and advise the Town as to acceptability. C. Schedule and conduct weekly progress meetings to review and discuss construction procedures and progress, scheduling, engineering management procedures, and other matters concerning the project. Prepare and distribute accurate meeting minutes. D. Review shop -drawings, submittals, work plans, and other data submitted by the Contractor as required by the construction contract documents. Engineer's review shall be to assure conformity to the construction contract documents. E. Serve as liaison with Contractor, working principally through Contractor's superintendent, and assist in providing interpretation of the construction contract documents. Transmit clarifications and interpretations of construction contract documents to the Contractor and the Town. May 21, 2021 Mr. Dave Lindsay, PE Page 2 of 4 Reference: SVWTP Pump Station Construction Administration F. Receive and review guarantees, tests and approvals which are to be assembled by the Contractor in accordance with construction contract documents. G. Interpret construction contract documents when requested to do so by the Town or Contractor. Formally respond to any Requests for Information (RFI's). H. Give written notifications of observations regarding defects or deficiencies in the Contractor's work relating to compliance with drawings, specifications, and contract documents. Advise Contractor or its superintendent of the commencement of any work requiring shop drawing or sample submission if the drawing or submission has not been accepted. J. Provide documentation and administer the processing of change orders, including applications for extension of construction time. Evaluate the cost and scheduling aspects of all change orders and, where necessary, negotiate with the Contractor. Said negotiation shall be subject to the prior approval of the Town. Task 2-Field Observation Wenck shall complete the Field Observation tasks listed below. This task assumes limited site observation for special circumstances only. We assume that RPR services will be provided by Others. All work shall be performed or supervised by a professional engineer licensed in the State of Colorado. Work Products: A. Conduct limited and discretionary onsite observations of the work to determine if the work is proceeding in accordance with the construction contract documents. B. Report to the Town work which is known to be defective, or which fails any required inspections, tests, or approvals, or has been damaged prior to final payment; and advise whether the work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. C. Maintain a photograph and/or video file and a file of submittals for the project and provide same to the Town upon project completion. D. Observe pertinent site conditions when Contractor maintains that differing subsurface and physical conditions have been encountered, and document actual site conditions. Review and respond to Contractor claims for differing subsurface and physical conditions. E. Issue Field Orders or Work Change Directives as necessary to ensure conformance of work products with the overall design intent. Desi�r� vrith :.onim� i May 21, 2021 Mr. Dave Lindsay, PE Page 3 of 4 Reference: SWVTP Pump Station Construction Administration Task 3-Project Closeout Stantec shall complete the Project Closeout tasks listed below. All work shall be performed or supervised by a professional engineer licensed in the State of Colorado. Work Products: A. Provide qualified staff to assist the Town with startup and operation of the completed project. B. Upon substantial completion, inspect the construction work and prepare apunch-list of the items to be completed or corrected before final acceptance of the project. Submit results of the inspection to the Town, the Contractor, and the Town. C. Upon completion or correction of all items of work on the punch list, conduct a final inspection to determine if the work is completed. Provide written recommendations to the Town concerning final payment, including a list of items, if any, to be completed prior to making such payment. D. As -Constructed Drawings: Maintain a marked set of drawings and specifications at the job site based on personal observations and data provided by the Contractor. Upon completions of the project, revise the construction drawings and produce an As -Constructed set of Record Drawings. Submit 3 draft copies of the drawings to the Town for review. Provide a final electronic copy created in a supported version of AUTODESK/CIVIL 3D. E. Coordinate project closeout with relevant permitting agencies and project stakeholders including the Town of Firestone. F. Provide operation and maintenance manuals/data to the Town. G. Provide warranty inspection after warranty period is complete. Advise the Town of warranty items. Provide Notice to Contractor regarding warranty items. Schedule Our schedule assumes Contractor substantial completion in November 2Q21 and Close -Out related activities through January 2022. Budget We propose the following task budgets for this project. Our detailed work breakdown structure (WBS) is attached. We propose to bill this project per our 2021 fee schedule (attached). May 21, 2021 Mr, Dave Lindsay, PE Page 4 of 4 Reference: SVWTP Pump Station Construction Admstration Task Proposed Fee Construction $ 97,200.00 Management Field Observation $ 11,900.00 Project Closeout $ 24,400.00 Total: $ 133,500.00 Thank you again for the opportunity and your consideration. As always, do not hesitate to contact me with any questions or concerns regarding this proposal. Regards, Stantec Consulting Services Inc. Marcus Krall, PE Associate Phone: 307-634-7848 Fax: 307-634-7851 mkrall(rbwenck.com Attachment: 2021 Fee Schedule, Work Breakdown Structure c. Victor Anderson, Pamela Massaro -Stantec, Kevin O'Connell -Acuity WENCK NITTMasorm Responsive partner. Exceptional outcomes. WENCK WEST 2021 FEE SCHEDULE Labor Cate orY HourlY Rate Principal Scientist 198.00 Project Manager/Principal Engineer 190.00 Senior Engineer/Senior Scientist 160.00 Project Engineer I1I 145.00 Project Engineer II/Scientist II 140.00 Engineer/Scientist I 125.00 Senior Designer 118.00 Construction Manager 118.00 Administration 95.00 Clerical 95.00 CADD Technician I 80.00 Other Direct Costs Rate Mileage........................................................................................................... $0.56/mile Airfare................................................................................................................. @ Cost Per Diem ($14-Breakfast, $16-Lunch, $26-Dinner).................................................. $56/day Lodging(hotel). 0 a 4 a 6 0 * a 0 a 8 9 9 1 0 0 a a a % 0 a 0 8 a D & a a a a 2 a 0 0 1 a 0 5 1 a 6 1 6 a 0 * a I a a 0 0 0 a 0 0 & a * I * 0 a I a 5 0 1 0 a a a a a 4 0 4 a 0 1 1 0 0 a a a 0 0 0 b U 0 a a D * 0 @ Cost Lodging(rental).................................................................................................. $75/day Total Station and Data Recorder.......................................................................... $100/day ATV(4-wheeler).................................Boston ........................................................a$125/day Water Quality Meters (pH/S.C./Temp, Turbidity, TDS)............................................. $50/day WaterLevel Meter.............................................................................................. $35/day 1000 Foot Depth Sounder.................................................................................. so $35/day Scintillometer.................................................................................................... $125/day Flow/Discharge Meter.......................................................................................... $50/day DH-48 Sediment Sampler...........................................................................pass ....a $25/day Sampling Pumps (peristaltic, submersible)............................................................. $75/day Field Laptop/Computer........................................................................................ $75/day MicroR Meter..................................................................................................... $25/day RTK Differential GPS Surveying Unit.....................................................................$500/day Nuclear Density Testing..................................................................................... $150/test Acoustic Doppler Current Profiler.......................................................................... $75/day Consumables (lath, stakes, bailers, ice, baggies, etc.). 14164soal tossal goal most *@@ease @ Cost Contract Services/Subcontractors........................................................................... @ Cost Outside Sourced Testing, Monitoring, and Rental Equipment ....................................... @ Cost OutsideServices**. & 6 0 D a a a 6 0 a a a a 0 a & I 1 9 0 0 a a 1 0 a 1 0 1 a a I * 0 0 6 1 9 a 0 0 a 0 0 0 D # 9 0 0 0 a a 9 a 0 a G 9 a * 0 9 1 1 9 1 8 4 8 0 0 9 a 0 1 a 9 0 9 a 1 0 6 a a a 4 a 0 0 0 0 0 @ Cost Invoices are due upon presentation. Subcontracted services will be billed at cost. A Technology/Communication fee of 50/b of total Wenck labor costs will be added to each invoice to cover computing, printing, plotting, and copying costs. ** Copies, transparencies, waterproof plots, mylars: Where a determination is made that it is cost effective to send work to outside services receipts will be provided. 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