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Home My WebLink About23-125 Approving Professional Services Agreement LRE Water, Inc 12-13-2023RESOLUTION NO. 23-125 A RESOLUTION OF THE BOARD CIF "TRUST EES OHETOWN OF FIRESTONE,, COLORADO, APPROVING A PROFESSIONAL SERVICES AGREEMENTBETWEEN THE TOWN OF FIRESTONE AND LRE WATER, INC. WHEREAS, LRE Water, Inc., "1,RE", currently serves as consultants for the'Fown of Firestone ("Firestone") and are involved in developing strategies and tactics. and manage and direct prqJJects and initiatives related to: water rights and Neater supply, water delivery and water treatment projects, and work with other parties as needed, and evaluate and create other initiatives; and WHEREAS, LRE has performed such services fior Firestone since 2017, and given [,RE's skill, experience, expertise and qualifications, Firestone desires to continue its relationship with LRE NOW, TFIII EFORE, BE rr Rf.�'sot.vfl'D BYTHE" BOARD OFfRUSTEES OF THE TOWN OF FIRESTONE, (201,0RADO: The Professional Services Contract Master Services Agreement betv'reen the Town of Firestone and LRE Water, Inc., is approved in subst,,,'unially the sarne form as the copy attached hereto and made a part of this resolution and the Mayor is authorized to sign the Agreement. INTRODUCED, READ AND ADOPTED this 13"' day offieceiriber, 2023. A'I"TES ": Kristi K Bashor, CMC,,rown Clerk Wllllatnp�ak Ao Attorney TOWN OF FIRE.1,.'�''IE "N, COLORADO Of" E IDEre Alan Peterson, �ayor M 1:49? 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'. 1. 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 Water Consulting Services 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, It. 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, BEither Party 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. Ill. COMPENSATION In consideration for the completion of the Scope of Services by Consultant, the Town shall pay Consultant $ 707,350. 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 I of 12 FIRESTONE IV. PROFESSIONAL UtPONSIBILITY I I I IN i I i I III w1momm-1111, WMAKEMIAMIUMI I I � I I BThe Town's review, approval or acceptance of, or payment for any services shall not be the perl'brmance of this Agreement, V. OWNERSHIP Naomi I"IQU(JI, [TIOUlty, dQdPtf Lrdfliflale, Or Gflarlge SUVI I fuut PI UVIU11 IV I futivu ty VI I Uumvil IV wl Iziul it frorti Unsultant. ED pemonnef assignea UY kunsulldru lu at all times, employees or agents of Consultwt fbr all purposes. Consultant shall make no representation that it is a Tam employee f6r any purpqses� Page 2 of 12 FIRFSTRNF VIL INSURANCE to the ToWn, 1Workees Compensation insurance as required by law. insured endorWbent shall contain any exclusion for bodily iolury or property domage adsih� from completed operatiorls. 1 Professional liability insurance with minimum limits of $1,000,000 each claim and $2,000,000 general aggregate, 011 1 at least 30 days prior Written notice th this Town. In the cate df any clairhs-ma& policy, the necessary D 1. 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 dedd�fible 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 Page 3 of 12 FIRESTONE Consultant, or any officer, employee, representative, or agent of Consultant or of any Sub -Cons uftant of Consultant. are newly hired to perform work under this Agreement. C: Verification. the &Wrify Program or the Departifient Program If ConsUbht obt8ins attual knowledge that a Sdb�Consubnt perlbrming work under this Lt�L��blays or conimdL-wit a wndtpr witb�Uj aUlbadzgfiom is JL2t tprm is M who is performing work under this Agreement. Page 4 of 12 FIRESTONE DPD��&Investiaations. Consultant shall comply with any reasonable request by the Colorado Department of Labor and lEmployment made ih the ourte of an investigation conducted I A. A Change Order is a written instrument issued after execution of the Agreement signed by Town and Contractor, stating their Agreement, as applicable, upon all of the following: a. The scope of the change in the Work; b, The amount of the adjustment to the Contract Price; and c. The extent of the adjustment to the Contract Times(s). B. All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents, Town and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustment such changes. 13No 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. ��rati�on. This Agreement constitutes the entire Agreement between the Parties, superseding all prior oral or written communications, E. ��. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent prt-paid, first class United States Mail to the Nq at the address set fbdh on the first page of this A�reement. FSeverabit, 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, .1 M QModification, This Agreement may only be modified upon written Agreement of the Partial H, As lignment, Neither this Agreement nor any of the rights or obligations of the Parties shall §j _ be assigned by either Party Without the written consent of the other. 1. 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 Page 5 of 12 FIRESTONE other flahts� immunities or orotections Drovided b� the Colorado Governmental Immuniti. Act C.R& mul I lu city UtTFeT7rV- UfTR7� 11rhit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or d6fectively performed. ATTEST" ST.OA( Kristi K Bashor, CK Town Clerk SEAL (5i 1,11 LRE WATT R By, William H. Fronczak, RE., Esq. Vice President — Risk Management Page 6 of 12 MUM U111t Page f1 EXHIBIT Ili A Review and update as necess6ty strategies for delivery of G�13T, Windy Gap, NISP, Godding Ditch, Coal Ridge Nth, Rural Ditch, Lower Bould6r Ditch and other sources to Firestone, Develop strategies for reuse of those water supplies that will be reusable to extinction (Windy Gap, NISP, certain native St. Vrain rights, for example). Work with the water team to create or update and amend intergovernmental agreements as needed. Respond to inquiries from other Firestone staff or consultants on water rights, water supply, and storage infrastructure projects, Continue to evaluate opportunities for other water supplies such as additional NISP water, additional raw water storage facilities or additional senior water rights as they are presented to the Town or as the water team develops strategies. Budget for 1527TWFO2 is $193,500.00 to be billed in 12 installments of $16,125.00 each. LRE Water Project 1527TWFO9 Task I Task 1 is for LRE to support Lawrence Custer Grasmick Jones & Donovan, LLP with Case No. 19CW3236. Budget for 1527TWFO9 Task I is $45,000.00, to be billed at the hourly rates attached to this Agreement, Page 8 of 12 RRESTONE LRE Water Project 15277WFO9 Task Task 2 is for LRE to support counsel and staff in developing a Substitute Water Supply Plan S P base on Case No. 19C W3236, Budget for 1527TWF09 Task 2 i 0,800.00, to be billed at the hourly rates attached to this Agreement, LRE Water Project 1527TWFO9 Task 3 Task 3 is for LRE to continue and to update the water quality monitoring program, including collection o ' water quality samples for laboratory analysis; and to report on laboratory results. Laboratory costs are included in the budget below. Budget for 1527TWFO9 Task 3, which covers both professional fees and laboratory fees, i 2. ,000.0 , to be billed in 12 equal installments of $10,416.67 each. LRE Hater Project 1527TWFO9 Task Task 4 is for LRE to implement the water rights and water supply accounting system as needed to support the substitute water supply plan and to support negotiations relate to the accounting systems with objectors in>Case No. 19CW3236, Budget for 1527TWFO9 Task 4 i 3, 00.00, to be billed at the hourly rates attached to this Agreement, LRE Water Project 1527TWFO9 Task Task 0 is for LRE to review and evaluate water rights offered to the Town for use in water dedication agreements and to assist counsel in developing agreements; Budget for 1527TWFO9 Task 5 is 2,250.00, to be billed at the Dourly rates attached to this Agreement, LRE rater Project 1527TWFO9 Task Task 6 is for LRE to assist Lawrence Custer Grasmick Tones & Donovan LLP in development of a water court ilia s in 2023. Budget for 1527TWFO9 Task 6 i 60,200.00, to be billed at the hourly rates attached to this Agreement. LRE dater Project 1627 F0 Task 7 Task 7 is for LRE to conduct preliminary engineering analysis of the historical use of the Last Chance Ditch to develop a strategy and plan to change water rights from irrigation to new uses, including municipal uses. Budget for 1527TWFO9 Task 7 is 60,200,00, to be billed at the hourly rates attached to this Agreement. Page 9 of 12 LRE Water Project 1527TWFO9 Task 8 Mumma= waWRIUMSMSM' 110=11*4 Budget for 1527TWFO9 Task 8 is $60,200.00, to be billed at the hourly rates attached to this Agreement, LRE Water Project 1527TWFO9 Task 9 PTIM71 LMMLU 1771 shares to develop a strategy and plan to change water rights hM 0gation use to new usesi including municipal uses, Budget for 1527TWF09 Task 9 is $60,200.00, to be billed at the hourly rates attached to this Agreement. LRE Water Project 1527TWFO9 Task 10 Task 10 is for LRE to assist the Town with St. Vrain Water Authority matters, including development of Intergovernmental Agreements and attendance at selected Board meetings, Budget for 1527TWFO9 Task 10 is $6,700.00, to be billed in 12 equal installments of $558,33 each, Page 10 of 12 FIRESTONE Summary Projects LRE Water 2024 Budget General Services 93,6g6.g3 mmTask v _ Support Lawrence Custer Grasmick Jones Donovan. 45,00HO LLP change of eater rights Case No. gC� 236. Task : ohs -tote water supply plan supports $ 3,g6.6t Task Water quality sample collection. _ _ _ _.M_..._. 125,101.61 Task 4. Implement the water rights and water supply accounting 43,300.66 system as per decree in t 9CW3236 and for SWSP. Task � Assist with the review and analysis, and negotiations or 4 .66 other efforts related to native water dedication agreements, : ,2 Task 6. Assist Lawrence Custer Crasrnrck Jones & Donovan LLP 60,2 0.00 in development of a grater court filing in 2623, Task 7: Preliminary engineering for Last Chance bitch change of 60, 66.00 water rights. Task 6 Prelir inary engineering for Coddrng C tch change of 60,20HO water rr htsx Task g. Conduct preliminary engineering analysis of historical use of New Goal Ridge ditch shares to develop a strategy and �"tp��. ��+qy �p{.��qg isV JL plan to change eater rights from irrigation use to new uses; p2L includrr�runrc Task 6. Assist the Town with matters related to Firestone's 6,766,66 membership in the St grain Water Authority. TQta 707,350.00 Page 11 of 12 RRE T N 2-W r-rNMERICIE Eftdve Nd&�I�er 26, 2023 Hourly Rate Student Intern ........ ............ ... $70-$100 Data Processor/Admin Support-- ... $80 .a$140 Technician/IT Support...... .... $100 - $150 Staff I Engineer /HydrologisUGeologisVScientist,... ... ......... $110 - $145 Staff 11 Engineer/Hy drologisUGeologist/Scientist ....... ......... ...... $120 - $165 Staff III Engineer/Hydrologist/Geologist/Scientist....,,. ... $135 - $180 Project Engineer/Hy drologist/GeologisUScientist... ... — .... .... --- ........ ...... $160 - $190 Senior Project Engineer/Hydrologist/Geologist/Scientist..... ... ...... $170 - $205 Project Manager $180 - $225 Senior Project Manager........ ..... .......... $190 - $275 Principal, Senior Advisor—.... ... ...... $200 - $275 December, 2023 Page 12 of 12 FIRESTONE