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HomeMy WebLinkAbout26-25 Approving Professional Services Agreement with Colliers Engineering & Design for ArcGIS Utility Network Migration – 03.18.2026RESOLUTION NO. 26-25 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND COLLIERS ENGINEERING & DESIGN, INC. FOR CERTAIN PROFESSIONAL SERVICES FOR THE TOWN OF FIRESTONE ARCGIS ESRI UTILITY NETWORK MIGRATION AND IMPLEMENTATION PROJECT WHEREAS, the Town of Firestone is in need of professional services to support the ArcGIS ESRI Utility Network Migration and Implementation Project that will replace the deprecated geometric network for the Town's water and stormwater data (the "Project"); and WHEREAS, the Town issued a request for proposals ("RFP") for such services for the Project; and WHEREAS, Town Staff has evaluated the proposals timely submitted in response to the RFP against the specific selection criteria set forth in the RFP, and determines that Colliers Engineering & Design, Inc. ("Colliers") is the most qualified, successful proposer for the RFP, finding that Colliers submitted a proposal not only in compliance with the stated requirements of the RFP but also one that is most advantageous to the Town; and WHEREAS, Town Staff recommends that Colliers be selected to provide the Project services as the successful Proposer, in addition to having the expertise, qualifications, and experience to provide such services for the Project, and recommends to the Town Board of Trustees that the Town enter into the Professional Services Agreement (as such term is used in the RFP) for the Project with Colliers; and WHEREAS, the Town Board of Trustees desires to approve selection of Colliers as the successful Proposer (as such term is defined in the RFP), and to enter into an agreement with Colliers to provide the design and preconstruction services as described in the Professional Services Agreement, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board of Trustees selects and awards Colliers Engineering & Design, Inc. as the successful Proposer for the Project. Section 2. The Professional Services Agreement between the Town of Firestone and Colliers Engineering & Design, Inc. for Professional Services in connection with the ArcGIS ESRI Utility Network Migration and Implementation Project is approved in substantially the same form as the copy attached hereto and made a part of this resolution. The Mayor is authorized to execute the Agreement on behalf of the Town. PASSED AND ADOPTED this 18th day of March, 2026. ATT,ST- r(I gTON Missy Carranco, Deputy Town Clerk EMI APPROVE TO FORM: M eith M i Town orney EXHIBIT A [Colliers Engineering & Design, Inc. Professional Services Agreement] AGREEMENT FOR PROFESSIONAL SERVICES JHIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this (_.day of Ma&vh, 2026 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town"), and Colliers Engineering & Design, Inc., an independent Contractor with a place of business at 365 Inverness Pkwy, Ste 100, Englewood, CO 80112 ("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: 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 this reference and known as ArcGIS ESRI Utility Network Migration and Implementation (S2026.9261) B. 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, 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 Contractor 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 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 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 based upon services rendered and billed in accordance with the rate schedule Page 1 of 8 FIRESTONE attached hereto as Exhibit B, but in no event shall the total compensation exceed $98,500.00. 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. IV. PROFESSIONAL RESPONSIBILITY A. Contractor 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 Contractor 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 Contractor 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 Contractor for its professional expertise, Contractor agrees not to employ Sub -Contractor s to perform any work except as expressly set forth in the Scope of Services. V. OWNERSHIP A. Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor 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," Contractor 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 Contractor. B. If the Town reuses or makes any modification to Contractor 's designs, documents or work product without the prior written authorization of Contractor , the Town agrees, to the fullest extent permitted by law, to release the Contractor, its officers, directors, employees and sub - Contractor 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 Contractor under the Agreement may contain certain design details, features and concepts from the Contractor'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 Contractor . Nothing herein shall be construed as a limitation on the Contractor 's right to re -use such component design details, features and concepts on other projects, in other contexts or for other clients. VI. INDEPENDENTCONTRACTOR Page 2 of 8 FIRESTONE Contractor is an independent Contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor 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 Contractor pursuant to this Agreement. At a minimum, the Contractor shall 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. 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, property damage, personal injury (including coverage for contractual and employee acts), 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, Contractor 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 reduced below the required coverage limits in this Agreement 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 Contractor shall be excess and 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 shall identify this Agreement. VIII. INDEMNIFICATION A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against claims, liability, damages, losses, expenses and demands, including reasonable 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 , which to the extent arise out of or are connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, 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 worker's 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, Page 3 of 8 1^' - FIRESTONE that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any Sub -Contractor of Contractor , or any officer, employee, representative, or agent of Contractor or of any Sub -Contractor of Contractor . B. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor '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 Contractor, 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 Contractor 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, first class United States Mail to the Party at the address set forth on the first page of this Agreement with a copy to Colliers Engineering & Design, Inc. ATTN: Legal 101 Crawfords Corner Road Suite 3400 Holmdel, NJ 07733. 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, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, Page 4 of 8 FIRESTONE 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. Subject 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. OF,PIRESJQNE, COLORADO EST A Missy Carranco, Deputy Town Clerk APPR 0 RM: Ma hall th Martin, n Attorne CONTRACTOR: COLLIERS ENGINEERING & DESIGN, INC. By: ,c4 ,¢rrr01" Page 5 of 8 FIRESTONE EXHIBIT A SCOPE OF SERVICES Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: TASK 1- Software and Data Management Review • Review and understand the Town's existing GIS architecture, including: • Current GIS datasets and their functions/management • ESRI licensing • Software/Platforms in use • Evaluation of current ArcGIS Pro, ArcGIS Online, Enterprise, and Portal usage • Determine a Migration Pattern, such as: • Simple, Basic or Advanced. • File Structure and data management practices • Determine Asset Package TASK 2 - Source Data Preparation • Source Data Preparation, such as: • Inventory Source Data • Data Reviewer Quality Checks • Assist in Cleaning Source Data • Attribute Checks • Geometry Checks • Assist in Removing Duplicate Lines and Devices • Assist in Connecting Disconnected Lines and Devices • Service Area • Tracing Integrity • Z value determination • Topology Tools a. Determine and repair snapping or other issues prior to migration Schema Preparation, understand: • Current schema • Feature dataset match with attributes and domains • Asset groups and asset and rules and associations TASK 3- Utility Network Staging • Create a Utility Network Page 6 of 8 FIRESTONE • Load asset package to the Utility Network • Perform General Utility Network Modifications • Update Domain Network • Export Utility Network to Asset Package • Load Test Data • Create a Utility Network • Load Industry Asset Package to Utility Network TASK 4 —Migration Overview. The consultant will be knowledgeable in ESRI Utility Network migration process including ArcGIS data interoperability extensions and Utility Network migration tools Input Parameters • Source Features • Schema Mapper File • Assembly Builder • Asset Package ArcGIS Online Training for Users. The consultant will provide training (at the Town's and consultant discretion) to "users" of the technology. Training should target the specific activities or skills required of those users and can be organized across multiple sessions accordingly. Minimum training sessions required are as follows: • 1 live -recorded training session for approximately 10 water/sewer staff (at least 1.5 hours). • 1 live -recorded training session for approximately 10 public works staff (at least 1.5 hours). • 1 video training session for all other users on mobile and office use of ArcGIS Online. • Training sessions a -c can be scheduled to take place on the same day. One possible solution for these sessions is to have them primarily take place remotely through a meeting app like Teams or WebEx where they can be recorded; however, at least one team member from the Consultant's staff shall be physically located in the training room with City staff to answer questions that may arise. TASK 5 - ARCGIS PRO TRAINING ArcGIS Pro Training for Primary GIS Staff. The consultant will provide in -person or remote training for up to four (2) primary GIS staff to the degree of "training the trainee'. GIS staff must reach a competency sufficient to perform their current job functions and those introduced by this migration. GIS staff will be responsible for further training and adoption of ArcGIS Pro for other staff in the future. Training subject matter should include: Page 7 of 8 FIRESTONE • Overview of Key Differences from ArcMap — Licensing, etc • File Architecture of a Pro Project • Catalog Pane — Portal, Local, and other data connections • Publishing Data • Management and Editing of Web Services • Domain and Field Editing • Figure Creation — Layouts, Templates, and Data Frame Elements TASK 6- ADDITIONAL SERVICES To further support the Town of Firestone during adoption period, Consultant will provide additional support/management/troubleshooting services, as requested by the Town. Consultant should provide an estimate based on 160 hours of support, per hourly wage rates provided in fee proposal. • File Architecture of a Pro Project • Catalog Pane — Portal, Local, and other data connections • Publishing Data • Management and Editing of Web Services • Domain and Field Editing • Figure Creation — Layouts, Templates, and Data Frame Elements Page 8 of 8 FIRESTONE LL § N o § o 0 � o 3 O s vii m m NN m 0 o N Li o N h ;:L)h Lii Y! a - g a F w t y d m a q 4000.00 w d` N W VT1 N W L q VT1 W N 000 V E q N N V = m m m ° = E N W V V1 d d VV N N = O h 6 U I Q 1% W l5 2 `y d H n L57 a w w w U U V 3 ` T ° 0 N m O o > d m m 9 V cii 00 Y Y Y d N Y m E d J a te_ O o d m y o m d m y >, v` d Q in Q 3 Q W V Y O ro m - 3 y v m c Y 4 Q - L X W m ° ii n c n o J N 2 N N y 9 U U ' W 2 E d E u C~ E YYi oo u d d iT >N p > S* -•09 d . 0 E O > V1 3 0�0 O C Q E 4-V00 w0 0 n vii E N v ° a � o E10 E s v J c 0 E a Z a o 3 N L` 9 `° a c in « z z _ ,n A c c o$ r d o 3 a`.o ¢ m E E 5 d w E g v w 22 v in a Q o a v la o UOO t . 000 G E m O 0-0--b-> >C '- ' c v 0 K 000>2 "< .K =w 9 d U w 50 a H I -O ❑ K 2 UO U v W C G O C c a g tc N l0 G a v Q Z ti m W J �\ C` d C H :C S C K G II p c2 N p° � '.Gl � T 1411 1 � C i R O C C. O V N h i Z C o.E1 G ry a�'n j a m I M tl N N i T ti K N N ti ti ti ti Vio 0 no b 2 4. 010 00 C N N LO N O E O 5 V O pop O_ Q Z O O Exhibit B Engineering & Design Town of Firestone, Weld County, Colorado Rates are effective January 1, 2026 through December 31, 2026 Billing Titles Hourly Rates Technical Director 210.00 Project Manager 205.00 Project Specialist 195.00 Technical Professional 190.00 Technical Specialist 185.00 Specialist 180.00 Senior Data Technician 175.00 Senior Technical Assistant 170.00 Technical Assistant 160.00 Data/Field Technician 145.00 Survey Crew - 1 Person w/Robotic Equipment 195.00 Additional Survey Crew Member 85.00 SUE Crew (designating) - 1 Person 160.00 Additional (designating) Member 85.00 SUE Crew (locating) -2 Person 220.00 Additional (locating) Member Expert Witness Sr. LSRP (NJ Only) LSRP (NJ Only) 85.00 425.00 330.00 290.00 £l1.lulit.I.1flRI.Ithk13. General Expenses Travel (Hotel, Airfare, Meals) Sub-Consultants/Sub-Contractors Plotting— Computer Mylars / Color Plots _ Cost+20% Cost +20% Cost + 20% 4.70/Each 100.00 / Each Photocopies 0.20 / Each Color Photocopies 2.20 / Each Document Binding 4.50 / Each Portable Media 100.00/Each Exhibit Lamination (24" x 36" or larger) 95.00 / Each Primary Plan Set Submission Digital Signature 325.00 / Set Additional Plan Set Submissions Digital Signature 100.00 / Set Mileage Reimbursement* 0.70 / Per Mile *Mileage reimbursement subject to change based upon IRS standard mileage rate Public Schedule No. 14 Page 1 1 1