HomeMy WebLinkAbout 19-74 Alan Plummer Agmnt Waterline Treatment PlantRESOLUTION 19-74
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING THE FIRST AMENDMENT
TO THE ENGINEERING SERVICES AGREEMENT BETWEEN THE
TOWN OF FIRESTONE AND ALAN PLUMMER ASSOCIATES, INC.,
REGARDING THE WATER TREATMENT PLANT PROJECT
WHEREAS, on December 12, 2018, the Board of Trustees of the Town of Firestone
("Firestone") entered into an Engineering Services Agreement ("Agreement") with FEI
Engineers, Inc,. regarding the Water Treatment Plant Project; and
WI3EREAS, effective January 1, 2019, Firestone, as authorized by Sec. 11 of the
Agreement, consented to FEI Engineers Inc., assignment of the Agreement to Alan Plummer
Associates, Inc.; and
WHEREAS, the parties now deem it necessary to amend the Agreement's Scope of
Work to include additional engineering services.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLOR Os
Section 1. The First Amendment to the Engineering Services Agreement between the
Town of Firestone and Alan Plummer Associates, Inc., regarding the Water Treatment Plant
Project 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 sign the First Amendment,
effect.
Section 2. All other terms and conditions of the Agreement remain in full force and
INTRODUCED, READ AND ADOPTED this 28th day of August, 2019.
Leah Vanarsdall, Town Clerk
TOWN OF FIRESTONE, COLORADO
i Sind�a ,Mayor
AS TO FORM:
Wi11i1���Iayashi, Town Attorney
i C
AND FEI ENGINEERS, INC.
FOR ENGINEERING SERVICES
1. PARTIES
The parties to this Agreement are the Town of Firestone, a Colorado municipal corporation, hereinafter
referred to as the "Town", and FEI Engineers, Inc., a Colorado corporation, hereinafter referred to as
the "Consultant".
2. RECITALS AND PURPOSE
2.1. The Town desires to engage the Consultant for the purpose of providing engineering
services as further set forth in the Consultant's Scope of Services (which services are
hereinafter referred to as the "Services'.
2.2. The Consultant represents that it has the special expertise, qualifications and background
necessary to complete the Services.
3. SCOPE OF SERVICES
3.1. The Consultant agrees to provide the Town with the specific Services and to perform the
specific tasks, duties and responsibilities set forth in Scope of Services attached hereto as
Exhibit "A" and incorporated herein by reference. The Consultant shall furnish all tools,
labor and supplies in such quantities and of the proper quality as are necessary to
professionally and timely perform the Services. The Consultant acknowledges that this
Agreement does not grant any exclusive privilege or right to supply Services to the Town.
In its sole discretion, the Town may contract with other consultants to provide the same
or similar services during the term of this Agreement.
addition to the Services described in Exhibit A, the Town may prepare, with the
assistance of FEI, work orders, containing, at a minimum, the following information: (1)
the specific tasks and deliverables FEI must perform; (2) FEI's budget; (3) the Town's
maximum payment obligation under the subject work order; and (4) the completion date
for the subject work order. FEI shall be compensated for work orders on an hourly basis
at the hourly rates set forth in Exhibit A, subject to the agreed upon maximum payment
obligation. After the work order has been finalized and agreed to by the Town and FEI,
the Town may issue a notice to proceed obligating FEI to begin performance of the subject
work order. FEI shall not commence work on any work order until it has received the
applicable notice to proceed. Notice to proceed may be sent by email.
3.3. The Town reserves the right to amend any work order that has been issued under this
Agreement by altering, reducing, increasing, or eliminating specific tasks and deliverables.
If the Town desires to amend a work order that has been issued, then the Town shall
notify FEI of the contemplated change ("Notice of Change Order"). Upon receiving the
Notice of Change Order FEI shall provide: (1) an estimate of the increase or decrease, if
any, to FEI's budget due to the contemplated change and (2) the estimated change in the
completion date of the subject work order, if any. The Town may instruct FEI in the Notice
of Change Order to suspend work on any identified task or deliverable affected by a
contemplated change, pending the Town's decision to proceed with the change. When
instructed, FEI shall suspend work on any identified task or deliverable affected by a
contemplated change. If it elects to make the change, the Town shall issue a change order
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5.
amending the subject work order and providing FEI with a corresponding Notice to
Proceed. FEI shall not commence work on any change order until it has received the
applicable notice to proceed.
COMPENSATION
4.1. The Town shall pay the Consultant for services requested and rendered under this
Agreement as set forth in Exhibit"A". The Town's maximum payment obligation under this
Agreement, excluding work orders finalized and agreed to by the Town and FEI, shall not
exceed the not -to -exceed amount set forth in Exhibit A. The Town shall pay mileage and
other reimbursable expenses (such as meals, parking, travel expenses, necessary
memberships, etc.) which are deemed necessary for performance of the services and which
are pre -approved by the Town Manager. The foregoing amounts of compensation shall
be inclusive of all costs of whatsoever nature associated with the Consultant's efforts,
including but not limited to salaries, benefits, overhead, administration, profits, expenses,
and outside consultant fees. The Scope of Services and payment therefor shall only be
changed by a properly authorized amendment to this Agreement. No Town employee has
the authority to bind the Town with regard to any payment for any services which exceeds
the amount payable under the terms of this Agreement.
4.2. The Consultant shall submit monthly an invoice to the Town for the per -month amount set
forth in Exhibit A for Services rendered in the previous month, and a detailed expense
report for pre -approved, reimbursable expenses incurred during the previous month. The
invoice shall document the Services provided during the preceding month, identifying by
work category and subcategory the work and tasks performed and such other information
as may be required by the Town. The Consultant shall provide such additional backup
documentation as may be required by the Town. The Town shall pay the invoice within
thirty (30) days of receipt unless the Services or the documentation therefor are
unsatisfactory. Payments made after thirty (30) days may be assessed an interest charge
of one percent (1%) per month unless the delay in payment resulted from unsatisfactory
work or documentation therefor.
PROJECT REPRESENTATION
5.1. The Town designates Julie Pasillas, Director of Community Resources, as the responsible
Town staff to provide direction to the Consultant during the conduct of the Services. The
Consultant shall comply with the directions given by the Director of Community
Development and such person's designees.
5.2. The Consultant designates Patrick O'Brien, Principal, as its principal in charge who shall be
providing the Services under this Agreement. Should any of the representatives be
replaced, particularly Patrick O'Brien, and such replacement require the Town or the
Consultant to undertake additional reevaluations, coordination, orientations, etc., the
Consultant shall be fully responsible for all such additional costs and services,
The term of this Agreement shall be 1/1/2019 to I2/31/2019
unless sooner terminated pursuant to Section 13, below. The Consultant's
services under this Agreement shall commence upon execution of this Agreement by the
Town and shall progress so that the Services are completed in a timely fashion consistent
with the Town's requirements. Nothing in this Agreement is intended or shall be deemed
or construed as creating any multiple -fiscal year direct or indirect debt or financial
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7.
obligation on the part of the Town within the meaning of Colorado Constitution Article X,
Section 20 or any other constitutional or statutory provision. All financial obligations of the
Town under this Agreement are subject to annual budgeting and appropriation by the
Firestone Board of Trustees, in its sole discretion. Notwithstanding anything in this
Agreement to the contrary, in the event of non -appropriation, the Town shall immediately
notify Consultant of such occurrence, and this Agreement shall terminate effective
December 31 of the then -current fiscal year.
INSURANCE
7.1. The Consultant agrees to procure and maintain, at its own cost, the policies of insurance
set forth in Subsections 7.1.1 through 7.1.4. The Consultant shall not be relieved of any
liability, claims, demands, or other obligations assumed pursuant to this Agreement by
reason of its failure to procure or maintain insurance, or by reason of its failure to procure
or maintain insurance in sufficient amounts, durations, or types. The coverages required
below shall be procured and maintained with forms and insurers acceptable to the Town.
All coverages shall be continuously maintained from the date of commencement of services
hereunder. The required coverages are:
7.1.1. Workers' Compensation insurance to cover obligations imposed by the Workers'
Compensation Act of Colorado and any other applicable laws for any employee
engaged in the performance of work under this contract. Evidence of qualified self -
insured status may be substituted.
7.1.2. Automobile liability and physical damage insurance and physical damage insurance
foI any vehicle used in performing services for the Town, in amounts not less than
prescribed by Colorado law (currently $25,000 per person/$50,000 per accident
bodily injury and $15,000 per accident property damage).
7.1.3. Professional liability insurance against errors and omissions with minimum
combined single limits of $2,000,000.00 each occurrence and $2,000,000.00
aggregate.
7.1.4. General liability insurance with minimum combined single limits of $2,000,000.00
each occurrence and $2,000,000.00 aggregate.
7.2. The Consultant's general liability insurance and automobile liability and physical damage
insurance shall be endorsed to include the Town, and its elected and appointed officers
and employees, as additional insureds, unless the Town in its sole discretion waives such
requirement. Every policy required above shall be primary insurance, and any insurance
carried by the Town, its officers, or its employees, shall be excess and not contributory
insurance to that provided by the Consultant. Such policies shall contain a severability of
interests' provision. The Consultant shall be solely responsible for any deductible losses
under each of the policies required above.
7.3. Certificates of insurance shall be provided by the Consultant as evidence that policies
providing the required coverages, conditions, and minimum limits are in full force and
effect, and shall be subject to review and approval by the Town. No required coverage
shall be cancelled, terminated or materially changed until at least 30 days prior written
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notice has been given to the Town. The Town reserves the right to request and receive a
certified copy of any policy and any endorsement thereto.
7.4. Failure on the part of the Consultant to procure or maintain policies provng the required
coverages, conditions, and minimum limits shall constitute a material breach of contract
upon which the Town may immediately terminate the contract, or at its discretion may
procure or renew any such policy or any extended reporting period thereto and may pay
any and all premiums in connection therewith, and all monies so paid by the Town shall
be repaid by Consultant to the Town upon demand, or the Town may offset the cost of
the premiums against any monies due to Consultant from the Town.
7.5. The parties understand and agree that the Town is relying on, and does not waive or
intend to waive by any provision of this contract, the monetary limitations or any other
rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
§ 2440-101 et seg., C.R.S., as from time to time amended, or otherwise available to the
Town, its officers, or its employees.
$. INDEMNIFICATION
To the fullest extent permitted by law, the Consultant agrees to defend, indemnify and hold harmless the
Town, and its elected and appointed officers and its employees, from and against all liability on account of
any injury, loss, or damage, which arise out of or are connected with the services hereunder, if and to the
extent such injury, loss, or damage is caused by the negligent act, or omission, of the Consultant or any
subcontractor of the Consultant, or any officer, employee, or agent of the Consultant or any subcontractor,
or any other person for whom Consultant is responsible. The Consultant shall bear all other costs and
expenses incurred by the Town or Consultant and related to any such liability including but not limited to
court costs, expert witness fees and reasonable attorneys' fees if the court determines that these incurred
costs and expenses are related to such negligent acts, errors, and omissions or other fault of the Consultant.
Notwithstanding the foregoing, Consultant's duty to defend, indemnify and hold harmless the Town, and
its elected and appointed officials and its employees as set forth in this section shall only arise upon
determination, by adjudication, alternative dispute resolution, or mutual agreement between Consultant
and the Town, of the Consultant's liability or fault. The Consultant's indemnification obligation shall not be
construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of
the Town or its elected and appointed officers and its employees.
9. QUALITY OF WORK
Consultant's professional services shall be in accordance with the prevang standard of practice normally
exercised in the performance of services of a similar nature in the Denver metropolitan area.
fisil� �►IAA U-V 1 -O V �ZTiR��7T� t] 7
Consultant and any persons employed by Consultant for the performance of work hereunder shall be
independent contractors and not agents of the Town. Any provisions in this Agreement that may appear
to give the Town the right to direct Consultant as to details of doing work or to exercise a measure of
control over the work mean that Consultant shall follow the direction of the Town as to end results of the
work only. As an independent contractor, Consultant is not entitled to workers' compensation
benefits except as may be provided by the independent contractor nor to unemployment
insurance benefits unless unemployment compensation coverage is provided by the
independent contractor or some other entity. The Consultant is obligated to pay all federal
and state income tax on any moneys earned or paid pursuant to this contract.
11. ASSIGNMENT
Consultant shall not assign or delegate this Agreement or any portion thereof, or any monies due or to
become due hereunder without the Town's prior written consent.
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12. DEFAULT
Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In
the event either party should fail or refuse to perform according to the terms of this Agreement, such party
may be declared in default.
13. TERMINATION
13.1. This Agreement may be terminated by either party for material breach or default of this
Agreement by the other party not caused by any action or omission of the other party by
giving the other parry written notice at least thirty (30) days in advance of the termination
date. Termination pursuant to this subsection shall not prevent either party from exercising
any other legal remedies which may be available to it.
13.2. In addition to the foregoing, this Agreement may be terminated by the Town for its
convenience and without cause of any nature by giving written notice at least fifteen (15)
days in advance of the termination date. In the event of such termination, the Consultant
will be paid for the reasonable value of the services rendered to the date of termination,
not to exceed a pro -rated daily rate, for the services rendered to the date of termination,
and upon such payment, all obligations of the Town to the Consultant under this
Agreement will cease. Termination pursuant to this Subsection shall not prevent either
parry from exercising any other legal remedies which may be available to it.
14. INSPECTION AND AUDIT
The Town and its duly authorized representatives shall have access to any books, documents, papers, and
records of the Consultant that are related to this Agreement for the purpose of making audits, examinations,
excerpts, and transcriptions.
15. DOCUMENTS
All computer input and output, analyses, plans, documents photographic images, tests, maps, surveys,
electronic files and written material of any kind generated in the performance of this Agreement or
developed for the Town in performance of the Services ("Consultant Deliverables' are and shall remain
the exclusive property of the Town. All Consultant Deliverables shall be promptly provided to the Town
upon request therefor and at the time of termination of this Agreement, without further charge or expense
to the Town. Consultant shall not provide copies of any such material to any other party without the prior
written consent of the Town.
The Town shall not make any modification to the Consultant Deliverables without the prior written
authorization of the Consultant. Any and all liability arising out of unauthorized changes made to Consultant
Deliverables by the Town or persons other than Consultant, its employees, officers, agents or
subcontractors, is waived against Consultant.
16. ENFORCEMENT
In the event that suit is brought upon this Agreement to enforce its terms, the prevailing party shall be
entitled to its reasonable attorneys' fees and related court costs.
17. COMPLIANCE WITH LAWS; WORK BY ILLEGAL ALIENS PROHIBITED
17.1. Consultant shall be solely responsible for compliance with all applicable federal, state, and
local laws, including the ordinances, resolutions, rules, and regulations of the Town; for
Firestone-St.Vrain Page - 5 Owner; Engineer:
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payment of all applicable taxes; and obtaining and keeping in force all applicable permits
and approvals.
Exhibit B, the "Town of Firestone Public Services Contract Addendum -Prohibition Against
Employing Illegal Aliens", is attached hereto and incorporated herein by reference. There
is also attached hereto a copy of Consultant's Pre -Contract Certification which Consultant
has executed and delivered to the Town prior to Consultant's execution of this Agreement.
i$. INTEGRATION AND AMENDMENT
This Agreement represents the entire Agreement between the parties and there are no oral or collateral
agreements or understandings. This Agreement may be amended only by an instrument in writing signed
by the parties.
19. NOTICES
All notices required or permitted under this Agreement shall be in writing and shall be given by hand
delivery, by United States first class mail, postage prepaid, registered or certified, return receipt requested,
by national overnight carrier, or by email, addressed to the party for whom it is intended at the following
addresses:
If to the Town:
Town of Firestone
Attn: Director of Community Resources
151 Grant Ave.
Firestone, Colorado 80520
Telephone: (303) 833-3291
Email: jpasillas@firestoneco.gov
If to the Consultant:
Patrick O'Brien
FEI Engineers, Inc.
5325 South Valentia Way
Greenwood Village, CO 80111
Telephone: (303) 928-1348
Email: patrick.obrien@feiengineers.com
Any such notice or other communication shall be effective when received as indicated on the delivery
receipt, if by hand delivery or overnight carrier; on the United States mail return receipt, if by United States
mail; or on email receipt. Either party may by similar notice given, change the address to which future
notices or other communications shall be sent.
20. EQUAL OPPORTUNITY EMPLOYER
20.1. Consultant will not discriminate against any employee or applicant for employment because
of race, color, religion, age, sex, disability or national origin. Consultant will take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, religion, age, sex, disability, or
Firestone-St.Vrain Page - 6 Owner: Engineer: )
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national origin. Such action shall include but not be limited to the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notice to be provided by an agency of the
federal government, setting forth the provisions of the Equal Opportunity Laws.
20.2. Consultant shall be in compliance with the applicable provisions of the American with
Disabilities Act of 1990 as enacted and from time to time amended and any other applicable
federal, state, or local laws and regulations. A signed, written certificate stating compliance
with the Americans with Disabilities Act may be requested at any time during the life of
this Agreement or any renewal thereof.
21.0 GOVERNING LAW, DISPUTE RESOLUTION, VENUE & SEVERABILITY
The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement
of this Agreement. For the resolution of any dispute arising hereunder that cannot be resolved through
negotiation between the parties, the Town and the Consultant agree that the dispute shall be submitted to
nonbinding mediation prior to either party resorting to litigation. Mediation costs shall be borne equally by
the parties. Notwithstanding the foregoing, nonbinding mediation shall not be required for determinations
of liability or fault pursuant to section 8 of this Agreement. Any dispute not resolved through negotiation
or mediation shall be resolved in the District Court of Weld County of the State of Colorado, and in no other
court. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and
enforceability of the remaining provisions of this Agreement shall not be affected thereby.
22.0 NO THIRD PARTY BENEFICYARIES
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Town or the Consultant. The Consultant's services under this
Agreement are being performed solely for the Town's benefit, and no other party or entity shall have any
claim against the Consultant because of this Agreement or the performance or nonperformance of Services
hereunder.
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In witness whereof, the parties have executed this Agreement to be effective as of the day and year of
signed by the Town.
Town: Consultant:
-rrnniry nr= Fr
Print Name:
Title:
Date Signed
Attest
Print Name
s
FEI Engineers, Inc.
By. _
Print Name: Patrick O'Brien
Title: Principal
Date Signed: 12/07/18
Print Name: Heather Harris
Title: Executive Assistant
Firestone-St.Vrain Page - 8 Owner: Engineer:
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Exhibit A — Scope of Services
FEI will provide professional services based upon our understanding of the project and its objectives. The
proposed scope of services is based upon the attached schedule.
Preliminary Design Phase:
The Preliminary Design Phase will be based upon the recommendations from the Conceptual
Design Phase. We will develop the following preliminary design phase components.
■ Preliminary Engineering
■ Preliminary Drawings
■ Outline Technical Specifications
■ Preliminary Opinion of Probable Cost
Meetings: we have planned for one progress meeting and one review meeting during the
preliminary design phase.
We will email meeting agendas and supporting documents a minimum of two working days before
the meeting, and prepare and email meeting notes within one week after the meeting concludes.
Budget: $35,000
The 60% (CDPHE REVIEW SET) Design Phase will follow the preliminary design phase. Based upon the
comments received from the preliminary design review meeting, we will develop the 60% Design Phase
components.
■ 60% Engineering
■ 60% Drawings
■ 60% Technical Specifications
■ CDPHE Basis of Design Report
■ CMAR collaboration.
■ Review of the CMAR GMP; provide recommendation of award.
■ Prepare and execute construction phase CMAR documents.
Meetings: we have planned for two progress meetings and one review meetings during the 60% design
phase.
We will email meeting agendas and supporting documents a minimum of two working days before the
meeting; and prepare and email meeting notes within one week after the meeting concludes.
Budget: $190,000
Final Design Phase
The Final Phase will run concurrently with the Construction Phase and the continued progression through
the CDPHE approval process of the 60% Design Phase and the Select a Construction Manager at Risk
(CMAR) Phase.
Based upon the comments received from the 60% design review meeting, we will develop the final design
phase components.
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■ Final Engineering
■ Final Drawings
■ Final (Abbreviated) Technical Specifications
Meetings: we have planned for one review meeting during the final design phase (the remainder are
assigned to the construction phase).
Budget: $130,000
Construction Phase
The Construction Phase services will include:
■ Progress Meetings
■ Office Engineering (RFI's, WCD's, FO's, RFCO's)
■ Periodic Site Visits and Start Up Assistance
■ Submittal Reviews
■ CMAR Application for Payment Reviews
■ Substantial Completion Inspection and Reporting
■ Final Completion Inspection and Reporting
Budget: $155,000
This Agreement will be billed under FEI Project
Consideration
We will invoice the Town of Firestone on a time and material basis per month for the period of December
26, 2018 through December 25, 2019, not to exceed $ 510,000 Compensation for periods less
than one month shall be prorated based on the number of working days in the month. Consultant's lump
sum fee is based on the following hourly rates for its employees.
Firestone-St.Vrain Page - 10 Owner: Engineer: �'
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Principal Engineer
Senior Technical Specialist
Senior Project Manager
Discipline Lead
Project Manager
Senior Engineer
Project Engineer II
Project Engineer I
Engineer III
Engineer II
Senior Resident Project Representative
Resident Project Representative
Senior Designer
CAD Designer
CAD Technician
Administrative
Direct expenses will be charged at actual cost plus 10% for handling and insurance. Incidental
expenses such as miscellaneous copying, telephone service and computer equipment are included in
the engineer's fee. Reimbursable (direct) expenses may include but are not limited to: Additional
outside professional services provided beyond those stipulated in the scope of work; Additional copies
of reports, drawings, etc. beyond those stipulated in the scope of work; Postage, courier fees, and
shipping; Project vehicle mileage (which will be charged at the current IRS rate); Owner -approved,
project -related purchases; Project business meals and lodgings Resident project engineer equipment
and rental; and Printed photos.
Any changes to Consultant's hourly rates will be communicated to the Town, and shall not take effect
unless and until such changes are approved by the Firestone Town Board. 42
Project Page - 1 Owner: Engineer:
Owner -Engineer Agreement - Exhibit A
Exhibit B
Town of Firestone Public Services Contract Addendum
Prohibition Against Employing Illegal Aliens
Prohibition Against Employing Illegal Aliens. Contractor shall not knowingly employ or contract with an
illegal alien to perform work under this contract. Contractor shall not enter into a contract with a
subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract.
Contractor will participate in either the E-verify program or the Department program, as defined in C.R.S.
§ § 8-17.5401(3.3) and 8-17.5401(3.7), respectively, in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under the public contract for services.
Contractor is prohibited from using the E-verify program or the Department program procedures to
undertake pre -employment screening of job applicants while this contract is being performed.
If Contractor obtains actual knowledge that a subcontractor performing work under this contract for
services knowingly employs or contracts with an illegal alien, Contractor shall.
a. Notify the subcontractor and the Town within three days that the Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this paragraph the subcontractor does not stop employing or
contracting with the illegal alien; except that the Contractor shall not terminate the contract
with the subcontractor if during such three days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with an illegal
alien.
Contractor shall comply with any reasonable request by the Department of Labor and Employment made
in the course of an investigation that the Department is undertaking pursuant to the authority established
in C.R.S. § 8-17.5-102(5).
If Contractor violates a provision of this Contract required pursuant to C.R.S. § 847.5-102, Town may
terminate the contract for breach of contract. If the contract is so terminated, the Contractor shall be liable
for actual and consequential damages to the Town.
Project Page - 1 Owner: Engineer:
Owner -Engineer Agreement - Exhibit B `'
Pre -Contract CertlflCatlon
in Compliance with C.R.S. Section 847.5402(1)
From: FET EnaineersI Tnc. (Prospective Contractor)
To: Town of Firestone
As a prospective independent contractor for the above -identified project, I (we) do hereby certify that, as
of the date of this certification, the undersigned does not knowingly employ or contract with an Illegal alien;
and that the undersigned will participate in the &Verify employment verification program administered
jointly by the United States Department of Homeland Security and the Social Security Administration or the
employment verification program of the Colorado Department of Labor and Employment Program, as
defined in C.R.S. § § 847.5-101(3.3) and 8-17.5401(3.7), respectively, in order to confirm the employment
eligibility of any employees hired since the date of this contract to perform work under this contract.
Executed this 7th day of December , 20 18
natu
12/7/18
Date
Patrick O'Brien Principal
Printed Name Title
970-247-0724
Phone
Patrick.Obrien@FEIEngineers.com
Email
ACKNOWLEDGMENT
STATE OF Colorado )
ss.
COUNTY OF La Plata )
The foregoing Certification was acknowledged before me this 7th day of December , 20 18 ,
by Patrick O'Brien (Name), for FEI Engineers, Inc.
(Name) (Company Name).
Witness my hand and official seal.
My commission expires: July 15, 2019
Notary Public
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Project Page - 1 Owner: Engineer:
Owner -Engineer Agreement —Pre-Contract Certification
AMENDMENT •
1. The Effective Date of this Amendment is: June 6 2019
1. Background Data:
3.
a) Effective Date of Owner -Engineer Agreement: December 12 2018
b) Owner: Town of Firestone
c) Engineer. Alan Plummer Associates Inc
d) Project: Water Treatment Plant
Nature of Amendment:
a) Additional Services to be performed by Engineer
Description of Modifications:
a) Task 1- Bench Scale Testing: Bench scale testing of NF and OF bypass of the RO to evaluate
corrosion control and DBP formation. Work includes coordination of the bench scale test,
performance of the testing by a subcontractor, laboratory analyze, a taste test, and
evaluation of results. Task 1 Fees $22,000.
b) Task 2 —Solar Evaluation: Initial evaluation of solar photovoltaic installation at the WTP to
offset partial energy consumption. Scope includes United Power to evaluate installation
options and Federal, State, and local rebates and a preliminary pay -back evaluation. If the
initial concept is accepted by the Town, an additional amendment will be prepared for final
design of the solar system. Task 2 Fees $9,900.
c) Task 3- Water Quality Testing for New Source: Additional laboratory analysis of the source
water to include all constituents required by CDPHE to permit a new water supply. Includes
two sampling events. Task 3 Fees $13,000.
d) Task 4 — Site Survey: Survey of the site using drone aerial imagery, including topography of
the site with accuracy to 0.1 feet, locates on existing surface utilities, and incorporation of
buried utility locations using historic as -built drawings. Task 4 Fees $4,200.
e) Task 5 —Shores Reservoir Evaluation and Future Bench Scale Testing: Leonard Rice Engineers
water sampling, water quality testing, laboratory analysis, and planning level evaluation of
Shores Reservoir as a supplemental water supply source. Includes two sampling events,
including algae and cyanotoxin analysis. Future bench scale testing will also be performed, if
desired.'Task 5 Fees $20,500.
f) Task 6 — Brine Reject Disposal: Evaluation, modeling, and projections of brine concentrations
and flows. Coordination with Leonard Rice Engineers to evaluate concentrations to stream
standards. Attend up to two meetings with St. Vrain Sanitation District, Task 6 Fees $15,000.
g) Task 7 —Bench Scale Tests on St. Vrain Creek source: Bench scale testing of the St. Vrain
Creek source, including System Distribution Simulation (SDS) to mimic formation of
Disinfection Byproducts (DBPs) and Rapid Small Scale Column Testing (RSSCT) to evaluate
use of Granular Activated Carbon (GAC). Tests will include mimic of St. Vrain Creek treated
water blended with Central Weld finished water. Task 7 Fees $7,500.
4129-001-01 Page - 1 Owner: Engineer:
h) Task 8 — Project Management: additional time for project management, evaluation of
treatment options and alternative sources, opinion of probable costs, value engineering
concepts, and coordination with the design team. Task 8 Fees $20,000,
4. Agreement Summary:
a) Original agreement amount:..........................................$510,000.00
b) Net change for prior amendments,
c) This amendment amount,
d) Adjusted Agreement amount.
e) Change in time for services (days or date, as applicable): No Change
The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement.
Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this
Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in
effect.
OWNER: ENGINEER:
Town of Firestone
._.................... .
By:
Print name:
Title:
Date Signed
Alan Plummer
Associates, Inc.
Print names Patrick O rien
Title: Principal
Date Signed: 06/07/19
4129-001-01 Page - 2 Owner: Engineer: _�