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Home My WebLink About24-94 Approving an Agreement between the Town and CCG for Design Services to the New Coal Ridge Ditch Lateral FDP 10-23-2024 - CopyRESOLUTION NO 24-94 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COLORADO CIVIL GROUP INC FOR ENGINEERING DESIGN SERVICES PERTAINING TO THE NEW COAL RIDGE DITCH LATERAL FINAL DESIGN PROJECT WHEREAS, the Town of Firestone ("Town") is in need of professional engineering design services for the New Coal Ridge Ditch Lateral Final Design Project ("Project" ) and WHEREAS, Staff recommends that Colorado Civil Group Inc. ("CCG") be selected to provide the Project services as a sole provider because given their expertise, qualifications, experience and knowledge of the Town's water facilities and operations it is in the best interest of the Town to have CCG perform the Project. The Professional Services Agreement for Engineering Design Services including Exhibit A, pertaining to the New Coal Ridge Ditch Lateral Final. Design Project between the Town of Firestone and Colorado Civil Group, Inc. 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, PASSED AND ADOPTED this 23rd day of October, 2024. ATTEST: m t Mssy Carranco, Deputy Town Clerk AGREEMENT FOR L SERVICES TS AGREttNT FOR PROFESSIONAL SERVICES (the "Agreement") s made and entered into this j day of 2024 (the "Effective Cate"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone: Colorado 80504 (the "Town), and Colorado Civil Group, Inc. an independent contractor with a principal place of business at 2204 Hoffman Drive, Loveland, Colorado 80538 f},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: tr 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 th€s reference and known as Coal Ridge Ditch Lateral Final Design - 954701) 8. A change in the Scope of Services shall not be effective unless authorized as a modification to this Agreement. If the 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, employ:... or representative of the Town is authorized to modify any to of this Agreement, either directly or implied by a course of action, II. TERM ANDTERMINATION 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. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay the 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 setoff available at law arnd equity, Ill. COMPENSATION In consideration of the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $283{380.00 This a iourt shall snclude all fees costs and expenses incurred by Contractor ar d no additional amounts shall be paid by the Town for such Page 1 of fees, costs, and expenses. Contractor may submit periodic invoices , which shall be paid by the Town within 30 days of receipt, Ili • a "• * 0't ' ♦ .4 .0' . ♦ 4. - a * * a a. ' . . a,, a - .** .0' * ♦ .♦* .aa • a♦a • '* a* 'I a* .a. a a a* a a a • a a a a . a a * * * . . as . a * * . *' a a* * a a a ... a * * * a' :. * •. a. * * as r.: a * *. *. .. as * *a a ' *a * * *3 * $ $]rg!*I::I':'L:t;t! * * * 0 • I •ilif$]t * * * I '• Page 2 of 7 be, and remain at all times, employees or agents of Contractor for all purposes, Contractor small make no representation that it is a Town employee for any purposes;, A, Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, dernds£ and other obligations assumed by Contractor pursuant to this Agreement. At a mini Huai. the Contractor that procure and maintain, and shall cause any Sub -Contractor to procure and maintain, the insurance coverages listed below with forms and insurers acceptable to the Town, I Worker's Compensation insurance as required by law, Commercial General Liability insurance with ruriimurn combined single limits of t , 00;oug 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 Towns officers; and employees as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. Professional liability insurance with minimum limits of $1,800 000 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, termmated or materially changed without at least 30 days prior written notice to the Town. In the case of any clairrrs-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 Contractor shall be excess acrd 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 stall identify this Agreement A Contractor agrees to indemnify and hold harmless the Town and its off iicers, 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 whale or impart byi the act, omission, error, professional error, mistake, negligence, recklessness or other fault of Contractor , any Sub -Contractor of Contractor , or any officer, employee, representative, or agent of Contractor , or which arise out of a workers compensation claim of any employee of Contractor or of any employee of any Sub -Contractor 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 p0 e cat7 X. MISCELLANEOUS t . 's • . $* . s i . ♦ • * !* t 1 *a # it $ •, * ! * f*• *4* i* i ♦* • . * * *$ ! * • ! $ . # • * # • °►s 5, * i 4- * * M ** * ♦ $ a tai $ • *5 * M • * 4 . - $ • M • 4-- * i * a a• M * s $ $ * *t a i*14 * . a s! * * • . $ * Page 4 of IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.. ATTEST: Missy Carranco, Deputy Town Clerk ATTEST: Chris Messersmith, Vice President i7' 9TQ SEAL COLORADO CIVIL GROUP, INC. E w.w Page 5 of 7 FIRESTONE EXHIBIT A SCOPE OF SERVICES iWTll Contractor shall arrange for a structural design of the turnout structure. -tom �# �« , t t � .. •� �� 3. ��- ,. .. . : • Wit. +� +► .„ ,. ,� o. "art- tlandowners,t. -•irnimrii tte s • Contractor shall prepare construction drawings that shall include site improvements plan view, profile of main pipelines, turnout and outfall structural details, power supply and SCADA controls details. • Contractor shall prepare a Construction Project Manuals consisting of bidding documents; contract documents and construction specifications using EJCDC Construction Documents. r1 Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town;: • 5 complete construction plan sets (pipeline and turnout) for review: corn plete construction plan sets witl Project Mar uals (pipeline and turnout) for rev iew, • Final stamped mylar construction drawings, • Coils 1por Page 7 o7 I F"n : COAL RIDGE DIVERSION PIPELINE t UT DENMORE • PRESSURE PIPE .� i ttV�i#k..,.