HomeMy WebLinkAbout24-72 Approving a Professional Service Agreement with Kimberly Horn and Assoc. for Development of Potable Water Master Plan 07-24-2024RESOLUTION NO.24-72
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO APPROVING A PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND
KIMBERLY-HORN AND ASSOCIATES INC. FOR DEVELOPMENT OF A
POTABLE WATER MASTER PLAN
WHEREAS, upon the completion of the St.Vrain Water Treatment Plant the Town of
Firestone ("Town") is in need of professional services to develop a Potable Water Master Plan to
address the Town's future water needs and increased reliance upon the St.Vrain Water Treatment
Plant for potable water; and
WHEREAS the Town released a Request for Proposals and upon review of the submittals
selected Kimberly -Horn and Associates Inc as the lowest responsive and responsible bidder.
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 Kimberly -
Horn Associates Inc for development of a Potable Water Master 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 this 241h day of July, 2024.
TOWN OF F ST , COLORADO
/--"Don Con c Jr. yor
I_1
ssy Carranco, Deputy Town Clerk
APPROVED AS TO F M:
William P. Trayas'IT1, T Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
TITS AGRE M NT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into
this day of , 2024 (the "Effective Date"), by and between the TOWN OF FIRESTONE,
a Colorado municipal cor ration with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the
"Town"), and Kimley-Horn and Associates, Inc. an independent Consultant with a principal place of
business at 3325 South Timberline Road, Suite 130, Fort Collins, Colorado 80525 ("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:
I. 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 Town of Firestone Potable Water Master Plan (W2024-
9959)
B. A change in the Scope of Services shall not be effective unless authorized as a modification to this
Agreement. If the 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.
II. 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 Party may terminate this Agreement upon 30 days advance written notice. The Town shall
pay the 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.
III. COMPENSATION
In consideration for the completion of the Scope of Services by Consultant, the Town shall pay
Consultant an amount not to exceed $170,000.00. This amount shall include all fees, costs and
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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.
IV. PROFESSIONAL RESPONSIBILITY
A. Consultant 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 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, including the preference for
Colorado Labor set forth in C.R.S. Article 17 Title 8.
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 -Consultant s to perform any work except as expressly set forth in the Scope of Services.
A. 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.
B. 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 -Consultant s from all claims
and causes of action arising from such uses, and shall to the extent permitted by law 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.
C. 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. INDEPENDENTCONSULTANT
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
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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.
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, the 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.
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, and employees 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, and its employees 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.
VIII. INDEMNIFICATION
A. Consultant 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, negligence, recklessness, or intentionally wrongful act, error or omission, or
other fault of Consultant , any Sub -Consultant of Consultant , or any officer, employee,
representative, or agent of Consultant , or which arise out of a worker's compensation claim of
any employee of Consultant in the performance of the Scope of Services for the Town 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
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degree or percentage of negligence or fault attributable to Consultant, any Sub -Consultant of
Consultant , or any officer, employee, representative, or agent of Consultant or of any Sub -
Consultant of Consultant.
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. CHANGE ORDERS
A. Change Order is a written instrument issued after execution of the Agreement signed by Town
and Consultant, stating their Agreement, as applicable, upon all of the following:
1. The scope of the change in the Work;
2. The amount of the adjustment to the Contract Price and
3. The extent of the adjustment to the Contract Times(s).
B. All changes in the Work authorized by the applicable Change Order shall be performed under
the applicable conditions of the Contract Documents. Town and Consultant shall negotiate in
good faith and as expeditiously as possible the appropriate adjustment of such changes.
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 obligations 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
personally presented or sent pre -paid, firstclass 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, 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,
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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. 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.
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.
ATT ST:
cu
Missy Carranco, Deputy Town Clerk
TOWN -OF FI
Don Conyac`J .
RADO
CONSULTANT: Kimley-Horn & Associates, Inc.
WIN
Kory Andryscik, Vice President
))) M P 2 5
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EXHIBIT A
SCOPE OF SERVICES
Consultant's Duties
During the term of this Agreement, Consultant shall perform the following duties, as directed by the
Town:
Task 1: Project Management 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.
- Present the final potable water master plan to the Town Board for adoption.
Deliverables:
o Project schedule
o Board meeting
o Meeting agendas and minutes
Task 2: Existing Conditions:
- Create an inventory of all existing potable water facilities.
- Review relevant previous water master plan and utility studies.
- Identify existing gaps or inadequacies in the Town's existing potable water system.
- Review existing potable water connection points (i.e. Central Weld County Water master
meters and SVWTP blend stations) and identify potential operational efficiency changes.
- With the input of Town staff, identify existing sub -standard or inadequate potable water supply
systems.
- Review the Town's current Design Standards and Construction Specifications for potable water
systems for compliance with current industry standards and water quality regulations.
Deliverables:
o Technical Memorandum which describes the current condition of the potable system
and potential areas of concern.
o Technical Memorandum on the Town's existing master meters/connection points and
potential operational improvements.
o Provide needed updates to the Town's Design Standards and Construction
Specifications.
Task 3: Water Model:
- Provide a water system model using WaterCAD (or an approved alternative).
- Develop three water model scenarios: an existing scenario, 2030 scenario, and a buildout
scenario.
- Field Testing and Model Calibration.
Task 4: Water System Planning:
- Using the existing scenario model, identify potential near -term improvements and alternatives
for the Town's future water system.
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Using the water model, identify improvements and alternatives to the Town's potable water
system including additional tanks, pump stations, master meter connections, waterline loops,
and potential emergency interconnects with other service providers.
Develop a detailed implementation plan for the phasing (short-term, mid-term, and long-term)
and funding of potable water improvements needed. The implementation plan shall identify
triggers for the implementation of priority improvements such as specific developments and/or
population growth. Detailed cost estimates for said improvements shall also be provided along
with potential funding sources.
Deliverables:
o Provide five (5) copies and an original electronic version of a draft WMP.
Task 5: Final Report:
- Prepare a draft PWMP that provides clear direction for the Town's potable water vision, goals,
and needs, and provides an implementation plan to achieve those.
- Provide updates to the Town's Design Standards and Construction Specifications for Water
Systems.
- Based on Town input, provide a final Potable Water Master Plan and Report to be presented to
the Town's Board for adoption.
- Final plan shall include a detailed 10-year CIP plan with clear triggers for timing of
improvements.
Deliverahles-
o Provide five (5) copies and an original electronic version of a Final PWMP.
o Board presentation for Master Plan adoption.
Task 6: Additional Services:
To further support the Town of Firestone during development of the PWMP, additional design
services, as requested by the Town.
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EXFII�IT A
Kimley)))Horn
DETAILED TASK AND FEE BREAKDOWN
Project Name: Potable Water Master Plan (Revised for Contract)
Client: Town of Firestone
Kimley Hom Staff (hours)
6/14/2024
Hours and Labor
Task name
Anaiyztl
Analyst 1.
Anafyrt3
Pro)eubnal
Engfneer
Senior
Engineer)
Senior
Engineer/!
$enlor Engfneer
0!
Senior
Engineer IV
Administrative
Assistant
Cledcol/
Administrative
Total
Hours
labor
Sub -Total
Task 1-Praject Management and Coordination
Kickoff Meet] ng(in person)
3
4
3
3
13
$ 2,870.00
Monthly Progress MeetirW(includes workshops)
15
25
10
20
70
$ 15,450.00
Project Management and Monthly invoicing
20
5
10
35
$ 7,150.00
Task I - Total
25,470.00
Task 2- Existing Conditions
Create inventory of existing potable water facilities
40
8
4
52
$ 9,480.00
Review previous water and master plan and trill f y studies
2
4
2
8
$ 1,680.00
Identify Inadequacies In the Town's existing potable water system
4
8
2
4
Is
$ 3,860.00
Review u1sdng potable water connection points (Centra I Weld/SVWTP)
2
2
1
5
$ 1,010.00
Workshop with Town staff to identify Inadequate potable water supply systems
(Included in Task 1)
Review the Town's current Design Standards and Construction Specifications for
potable water systems
4
2
2
8
$ 1,840.00
.'Task 2-Total
.
$ 17,870.00
TVA31-water Model
Develop a water system model using WaterCAD or InfoWater Pro
60
20
80
$ 14,200.00
Develop three water model scenarios: existing. 2030, and bulldout
40
- 10
2
4 '.
66
$ 12,380.00
Field Testing and Model Calibration
40
20
a
68
Is `12,960.00
T.k3-T.t.1
$.`39,540.00
Task4 -Water System Piamdeg
Using the existing scenario, identify near -term improvements needed
6
6
2
2.
16
$ '3,260.00
Using future scenarios, identify mid and long-term improvements needed
10
10
2
2
24
$ 4,740.00
Develop implementation plan for the phasing and funding of needed Improvements
4
8
4
'14
$ 2,820.00
Develop opinion of probable cast for improvements and identify potential funding
sources
20
2
6
28
$ 6,120.00
T.A4-T.tal
16,940.00
Tasks. Final Master Plan Report -.
Prepare Draft Master Man Report
40
80
2
`8
130
$ 25,460.00
Provide updates to the Town's Design Standards and Construction Specifications
for Water Systems
8
8
2
4
22
$ a,540.00
Prepare 10-year CIP
4
20
1
8
33
$ 7,090.00
Conduct Review Workshop with Town Staff (included in Task 1)
Prepare Final Master Plan Report
20
30
2
8
60
$ :12,050.00
Present Final Master Plan to Town Board
6 1
1
16
112
$ 2,820.00
7.1,5-Tots
$ $1,970.00
Task $- Addltlanal SerNcat as m,ected 6t da'rown
TBD
Task 6-Total
$ 16,710.00
Total Hours (Tasks 9. 10)=
0 0 298 303 0 32 . ' 114 0 5 10
762
Total
$ 168,500.00
iiYYLB�tSi
$ 159.. $ 160 $:: 170 $ 200 $ 225 1 $ 2$0$ 270 $ no $ 100 $ 125
TOTAL PROJECT COST:
Summary of Tasks 1- 8
Kimley-Horn Labor Subtotal = $ 168,500
Reimbursable Expenses= $ 1,500
TOTAL COST = $ 170,000