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HomeMy WebLinkAbout 19-54 Integrated Water Services-St Vrain Water Treatment PlantRESOLUTION 19-54 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND INTEGRATED WATER SERVICES, INC., REGARDING DESIGN PHASE SERVICES FOR THE ST. VRAIN WATER TREATMENT PLANT WHEREAS, the Town of Firestone is in need of design phase services for its St. Vrain Water Treatment Plant project ("Project"); and WHEREAS, Integrated Water Services, Inc., has the skill and experience to perform the required design phase services for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Integrated Water Services, Inc., for design phase services for the St. Wain 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 execute the Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 26th day of June, 2019. ATTEST: D1AA thip Leah Vanarsdall, Town Cleric AS TO FORM: Williai�i��Hayashi, Town Attorney ,VAVLViVtVTr= ► PRICE CONSTRUCTION MANAGER AT RISK ON THE BASIS OF A STIPULATED (PARDESIGN THIS AGREEMENT is by and between m4w_Town of Firestone ("Owner'-), and Intearated Water Services ("Construction Manager at Risk'). PRO,ECT INFORMATION Project: St. Wain Water Treatment Plant Contract: St. Wain Water Treatment Plant ("Contract') Engineer: Owner has retained Alan Plummer Associates Inc ("Engineer") for the performance of professional engineering services under this Contract. Owner and Construction Manager at Risk further agree as follows: ARTICLE 1— THE WORK X.01 General Descrlptlon of Work A. The Construction Manager at Risk shall participate in the design phase of the proposed project which is described by the following: 1. The proposed Project includes construction of a new greenfield water treatment facility (WTF) to treat alluvial and future surface water sources to provide potable water for municipal supply. The WTF processes will include pretreatment using flocculation and sedimentation, filtration using pressurized ultrafiltration (UF) followed by reverse osmosis (RO) and disinfection using chlorination. Multiple chemical feed systems are required to support these processes. 2. Phase 1 design Flow is 1.5 million gallons per day (MGD) with multiple equipment components sized and planned for a future Phase 2 expansion to 5 MGD. The OF system has been pre -procured by the Town of Firestone; the procurement contract with the Seller, Evoqua, will be assigned to the Contractor. The RO system has not been pre -procured and will be selected by the Contractor with Engineer approval. 3. Site Infrastructure will include ground raw water storage tanks, yard piping, dewatering system, RO reject holding tank, connection to water, sanitary, and dry utilities, parking and driveway areas. The proposed plant building is approximately 21,000 square feet with tilt up concrete walls and double tee roof. Multiple below grade concrete basins are proposed inside the plant footprint. X. 02 Scope of Work A. Construction Manager at Risk shall perform all activities below and necessary to complete the work: 1. Attend monthly, one -hour progress meetings via on -site or conference call. 2. Weekly review design documents; provide constructability reviews. 3. Using the 60% design documents, develop a Price Proposal (in accordance with the Contract Documents requirements); the minimum requirements include: rrc5 � rv-usu� Page - 1 Construction Set — June 2019 Based on: E]CDC® D-520, Agreement Between Owner and Construction Manager at Rlsk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, All rights reserved. Note: This document was developed based on E)CDC Standard Form Design and Construction Related Documents and has been modified as necessary. E)CDC retains all proprietary rights to these documents, a. Presentation of material and equipment unit cost, quantities, and estimation assumptions. b. Presentation of labor costs and estimation assumptions. c. Presentation of a list of subcontractors and suppliers. 4. Using the 80% design documents, develop Guaranteed Maximum Price (GMP) Proposal (in accordance with the Contract Documents requirements); the minimum requirements include: a. Presentation of material and equipment unit cost, quantities, and estimation assumptions. b. Presentation of labor costs and estimation assumptions. c. Presentation of a list of subcontractors and suppliers. 5. Project Management Plan shall at a minimum include: a. Personnel, communication, permitting, and procurement plans. b. Project schedule. c. Cost Analysis and work breakdown structure. d. Risk register. ARTICLE 2 — CONTRACT TIMES 2.01 Time of the Essence A. All time limits for Construction Manager at Risk's attainment of Milestones, if any, Substantial Completion, and completion and readiness for final payment, as stated in the Contract, are of the essence of the Contract. 2.02 Contract Times: Dates A. NOT USED, 2.02 Contract Times: Days A. Construction Manager at Risk will substantially complete the Work before December 31. 2019. B. NOT USED, 2.03 Liquidated Damages A. NOT USED, ARTICLE 3 — CONTRACT PRICE 3.01 stipulated sums A. Owner shall pay Construction Manager at Risk for completion of the Scope of Work in accordance with the Contract Documents following baseline quantities (time and material not - to -exceed) at the hourly rates and man-hour estimates stated in Construction Manager at Risk's Proposal, attached hereto as an exhibit. B. NOT USED, 3.02 Changes in Contract Price Based on Cost of the Work A. NOT USED, B. NOT USED, rr« i rv-usu:) Page - 2 Construction Set —June 2019 Based on: E]CDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note; This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary, EJCDC retains all proprietary rights to these documents. ARTICLE 4 — PAYMENT PROCEDURES 4.01 Submittal and Processing of Payments A. Construction Manager at Risk shall submit Applications for Payment in accordance with Article 14 of the General Conditions, Owner will process Applications for Payment as provided in the General Conditions, 402 Progress Payments; Retainage A, Owner shall make progress payments on account of the Contract Price on the basis of Construction Manager at Risk's Applications for Payment on or about the 20th day of each month during performance of the Work as provided In Paragraph 4.02.A, I below, provided that such Applications for Payment have been submitted In a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided In the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere In the Contract, B. NOT USED, C. NOT USED, 4.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.06 of the General Conditions, Owner shall pay the remainder of the Contract Price, ARTICLE 5 — INTEREST S. 01 Interest Rate A. All amounts not paid when due shall bear interest at the rate of 1.0 percent per annum, or if applicable at the rate stated In a governing prompt payment statute. ARTICLE 6 — CONSTRUCTION MANAGER AT RISK'S REPRESENTATIONS 6.01 Representations A. Construction Manager at Risk makes the following representations for Owner's reliance, 1. Construction Manager at Risk has examined and carefully studied the Contract Documents, and any data and reference items Identified in the Contract Documents, 2. Construction Manager at Risk has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work, 3, Construction Manager at Risk is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work, 4. Construction Manager at Risk has carefully studied all: (a) reports of explorations and tests of subsurface conditions at or adjacent to the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site, If any, that Owner has identified or made available to Construction Manager at Risk, especially with respect to Technical Data in such reports and drawings, and (b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site, that Owner has Identified or made available to Construction Manager at Risk, especially with respect to Technical Data in such reports and drawings, t-KS i N-0305 Page - 3 Construction Set —June 2019 Based on: EJCDC® D-520, Agreement Between Owner and Construction Manager at Rlsk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary, EJCDC retains all proprietary rights to these documents, 5. Construction Manager at Risk has considered the information known to Construction Manager at Risk itself, and to Construction Subcontractors and Project Design Professionals that Construction Manager at Risk has selected as of the Effective Date; Information commonly known to design professionals, Construction Manager at Risks, and contractors doing business In the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site -related reports and drawings (if any) identified in the Contract Documents or otherwise made available to Construction Manager at Risk, with respect to the effect of such information, observations, and documents on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Construction Manager at Risks and (c) Construction Manager at Risk's safety precautions and programs. 6. Based on the information and observations referred to in the preceding paragraph Construction Manager at Risk agrees that no further examinations, investigations, , explorations, tests, studies, or data are necessary prior to entry into the Contract at the Contract Price, subject to the Contract Times, 7. Construction Manager at Risk is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents, 8. Construction Manager at Risk has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Construction Manager at Risk has discovered in the Contract Documents, and the written response from Owner is acceptable to Construction Manager at Risk. 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. Construction Manager at Risk's entry into this Contract constitutes an incontrovertible representation by Construction Manager at Risk that without exception all prices In the Agreement are premised upon performing and furnishing the Work required by the Contract Documents, ARTICLE 7 —CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 6 ,inclusive). 2. Performance Bond: NOT USED. 3. Payment Bond: NOT USED, 4. Other Bonds: NOT USED, 5. General Conditions (pages 1 to 64 ,inclusive). 6. Supplementary Conditions (pages 1 to 6 ,inclusive). 7. Addenda a. Addendum 1 (pages 1 to 4 ,inclusive). 8. Construction Manager at Risk's Design Phase Services Proposal. 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto, FRSTN-0305 Page - 4 Construction Set —June 2019 Based on; EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Coundl of Engineering Companies, and American Society of Civil Engineers. All rights reserved, Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. CIA Work Change Directives, b, Change Orders. c. Record Drawings and Record Specifications 10. Other Exhibits to this Agreement (enumerated as follows), a. Conceptual Drawings, material and equipment cut sheets and specifications. b. Proposal and Preliminary Technical Equipment Package, Be The documents listed In Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). Co There are no Contract Documents other than those listed above in this Article 7, D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions, ARTICLE 8 — MISCELLANEOUS 8.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and Supplementary Conditions, 8.02 Assignment of Contract A, Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or Interests In the Contract will be binding on the other party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract. 8.03 Successors and Assigns A. Owner and Construction Manager at Risk each binds itself, its successors, assigns, and legal representatives to the other party hereto, and its successors, assigns, and legal representatives, in respect to all covenants, agreements, and obligations contained in the Contract, 8.04 Severability A. Any provision or part of the Contract held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Construction Manager at Risk, who agree that the Contract shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision, 8.05 Construction Manager at Risks Certifications A. Construction Manager at Risk certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or In executing the Contract. For the purposes of this Paragraph 8,05, 1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or In the Contract execution; FRSfN-0305 Page - 5 Construction Set —June 2019 Based on. EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents. 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to Influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 8, 06 Other Provisions A. NOT USED, IN WITNESS WHEREOF, Owner and Construction Manager at Risk have signed this Agreement. This Agreement will be effective on 111 oil (which is the Effective Date oIF the Contract). / OWNER: Town of Firestone ey: Name: Title: MANAGER AT RISK: By; Name: �`ef f Thomas Title: VP [If Construction Manager at Rlsk /s a corporation, partnership, LLC, ora joint venture, attach evidence of authority to sign. In the case of joint venture, expand the signature section to accommodate execution of the Ag eement by an authorized representative of each joint venture.] Attest. Title: lu Mt "LZ24 Title: Address for giving notices: 151 Grant Avenue Firestone, CO 80520 If Owner Is a rnrporafion, partnership, or LLC, attach evidence of authority to s/gn. If Owner Is a public body, Mach evidence of Authority to sign and reso/ution or other documents authorizing execution of this Agreement.] Secretary Address for giving notices: PO Box 774565 Steamboat Springs, CO 80477 NOTES) TO USER.• Use in those states or otherjurlsdidions where licVnslng Is applicable or required. rra i N-usus Page - 6 Construction Set —June 2019 Based on; EJCDC® D-520, Agreement Between Owner and Construction Manager at Risk on the Basis of a Stipulated Price. Copyright ©2016 National Society of Professional Engineers, American Council of Engineer(ng Companies, and American Society of Civil Engineers. All rights reserved. Note: This document was developed based on EJCDC Standard Form Design and Construction Related Documents and has been modified as necessary. EJCDC retains all proprietary rights to these documents.