HomeMy WebLinkAbout26-10 Approving an Agreement with Ditesco for Design and Preconstruction for the Water Tank and Distribution 02-18-2026RESOLUTION NO. 26-10
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND DITESCO LLC FOR DESIGN PHASE ADMINISTRATION AND
CERTAIN PRECONSTRUCTION PHASE MANAGEMENT SERVICES FOR THE
TOWN OF FIRESTONE WATER TANK AND DISTRIBUTION LINE PROJECT
WHEREAS, the Town of Firestone is in need of professional services for administration
and management of the design and pre -construction phases of the Water Tank And Distribution
Line Project (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 Ditesco, LLC
("Ditesco") is the most qualified, successful proposer for the RFP, finding that Ditesco 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 Ditesco 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 Ditesco; and
WHEREAS, the Town Board of Trustees desires to approve selection of Ditesco as the
successful Proposer (as such term is defined in the RFP), and to enter into an agreement with
Ditesco to provide the design administration 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 Ditesco, LLC as the
successful Proposer for the Project.
Section 2. The Professional Services Agreement between the Town of Firestone and
Ditesco LLC for Design Administration and Pre -Construction Management Services in connection
with the Water Tank and Distribution Line 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 February, 2026.
TOWN OFF S ONE COLORADO
:;on Conyac, Jr., or
ATTESTIt -f W N �F
( `,��(%i p) •
,r TOWN '
Missy Carranco, Deputy Town Clerk
APPRO S TO FORM:
Keith , Town Attorney
EXHIBIT A
[Ditesco, LLC Professional Services Agreement]
AGREEMENT FOR PROFESSIONAL SERVICES
IS AGR EMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into
this L day of_, 2026 (the "Effective Date"), by and between the TOWN OF FIRESTONE,
a Co orado municipal corpor on with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the
"Town"), and DITESCO, an independent Contractor with a principal place of business at 2133 S. Timberline
Road, Unit 110, Fort Collins, CO 80525 ("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 Water Tank and Distribution Line
Construction/Design Administration (W2025-9568).
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.
In consideration for the completion of the Scope of Services by Contractor, the Town shall pay
Contractor an amount not to exceed $144,757.00. This amount shall include all fees, costs and
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expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such
fees, costs, and expenses. Contractor 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 the Contractor shall be exclusively
owned by the Town. The contractor expressly acknowledges and agrees that all work performed
under the Scope of Services constitutes "work made for hire." To the extent, if at all, that it does
not constitute a "work made for hire," the 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 the
Contractor.
B. If the Town reuses or makes any modification to Contractor's designs, documents or work
product without the prior written authorization of the Contractor, the Town agrees, to the fullest
extent permitted by law,. to release the Contractor, its officers, directors, employees and sub -
Contractors 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 Contractors 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.
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C O L O R A D O
VI. INDEPENDENT CONTRACTOR
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. The 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,
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
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 materially changed
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. The
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.
A. Contractor agrees to indemnify and hold harmless the Town and its officers, 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
whole or in part by, the act, omission, error, professional error, mistake, negligence, recklessness
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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. Contractors
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 Contractor,
any Sub -Contractor of Contractor, or any officer, employee, representative, or agent of Contractor
or of any Sub -Contractor of Contractor.
B. If the Contractor is providing architectural, engineering, surveying or other design services under
this Agreement, the extent of the Contractors obligation to indemnify and hold harmless the Town
may be determined only after the Contractors 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.
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.
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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,
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.
TOWN OF FIR O COLORADO
n Conyac, Mayor
ATTEST: NE
L4.VWU/eU O
Missy Carranco, Deputy Town Clerk
A7!ED S FOR
rAarsI11-Keith Mary T wn Atf5They
DITESCO
By:
Qglhfy sigmd by Bill Ren; P.E.
DN 0•U5,
Bill Renz, P.E.EebR,rc^=®d2wn =P
O=D2ew, 0N='@II Renzz , P.E.-
Date: xozos 09:01 IWW
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C O 1. O R% D (1
' EXHIBIT A
SCOPE OF SERVICES
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ditesco
Delivery by email to:
ebetz apFirestoneCO.00v
Revised- February 2, 2026
Eli Betz, PE
Town of Firestone
9950 Park Avenue
Firestone, CO 80504
RE: Water Tank and Distribution Line Construction/Design Administration (W2025-9568)
Scope of Work Proposal- Design and Preconstruction Phase
Dear Eli
This proposal follows notification of award for the above referenced project and scoping meeting held on October
6th, 2025. Per the Town's request we have attached the design phase scope of services for your review. It is our
understanding that services during the construction phase of the project would be provided and contracted
separately.
We are excited to continue to work with the Town of Firestone and assist with the design development and future
construction of the elevated water tank and distribution line. We greatly value the working relationship and look
forward to delivering another successful project for the Town!
Please let me know if you have any questions or require further information regarding this proposal, I can be
reached by phone at 970-488-0934 and email iason.wooldridoe(a)ditescoservices.com.
Sincerely,
Jason Wooldridge, PE
Enc. Scope of Work
Cc: file
Bill Renz
Nathan Hoopla
Exhibit A
Water Tank and Distribution Line
Design and Preconstruction Phase
Scope of Services
PROJECT UNDERSTANDING
The Town desires to utilize Ditesco to act in an Owner's representative role to oversee the coordination, design,
permitting, and future construction of an elevated water storage tank and associated distribution line. To support
the Town, we have included requested services during the design and preconstruction phases. It is our
understanding that services during construction would be contracted separately at a later date following the
completion of the design.
PHASE: DESIGN AND PRECONSTRUCTION
• Task: Kick Off Meeting with Town Staff
o Our team will manage and attend one (1) meeting with town staff to develop an initial
understanding of the project timeline, challenges, risks, and constraints.
• Task: Proiect Management Plan
o Ditesco staff will develop key project management tools to set the project up for success. This will
include project management plan development, project schedule development/management,
monthly progress updates, and monthly progress meetings with stakeholders during the design
phase.
• Task: Program Budget
o Our team will work with Town staff to develop a master project budget that is properly allocated to
project design, construction, and professional service costs. Our team will manage and update the
project budget throughout the design phase to track project health and help ensure the project is
delivered at or below budget.
• Task: RFP Development and Contracting Assistance
o Our team will assist town staff with the RFP development for the design engineer procurement.
Development will outline requirements based on the project needs and critical milestones as it
relates to the overall project schedule.
• Task: Independent Technical Review of Design Documents
o Ditesco staff will perform independent technical review at the 30, 60, and 90 percent levels to
ensure design documents meet quality standards as well as Town of Firestone application needs.
Review will include constructability analysis and long-term operation/maintenance considerations.
• Task: Delivery Method Recommendation
o We will recommend the appropriate delivery method based on our analysis of the project such as
complication, risk, and required operation date.
• Task: Bid Document Review
o Our team will review contractor procurement documents to ensure requirements are outlined
appropriately prior to advertising. Ditesco staff will serve as a technical resource to help manage
the bidding and addendum process as needed.
ditesco Page 2
• Task: Bid/Qualification Review
o Ditesco staff will assist the Town staff in evaluating contractor qualifications and pricing. This will
include evaluation of proposals and in-depth pricing analysis to aid the Town in making a contractor
selection.
• Task: Contract Negotiations/Management
o Following Contractor selection our team will assist the town with navigating any final contract
negotiations, pricing, etc. Our team will help town staff negotiate project schedule with the
contractor to ensure end operation date optimized with any potential challenges related to
landleasement acquisition and or material lead times.
• Task: Additional Engineering Services
o To further support the Town of Firestone during the design phase, Ditesco will provide additional
miscellaneous engineering services, as directed by the Town.
DELIVERABLES
Deliverables will include full project documentation furnished electronically as listed below.
• Project Management Plan
• Monthly Status Updates
• Project Budget
• Independent Technical Review of Design Documents
SCHEDULE
The anticipated schedule for this phase is listed below.
• Design/Preconstruction Phase: 12 months- March 2026 through February 2027
FEE ESTIMATE
We have based our fee estimate on the following assumptions of the project schedule.
• 12 -month design and preconstruction phase.
• Design by others and contracted separately by the Town.
• Monthly progress meetings with stakeholders.
• Services during procurement/construction periods contracted separately.
Estimated Fee —
Design and Preconstruction Phase:
Estimated Reimbursable Expenses:
Total:
$139,050.00
$ 5,707.00
$144,757.00
A detailed task breakdown is included. Please find this on page 5 of this scope of work proposal.
The fee shown above is to be billed on a time and material not -to -exceed basis based on the rates shown below
and in the table on page 5 of this proposal. All reimbursable expenses will be billed at direct cost.
ditesco Page 3
Ditesco
2025 Rate Table
President I
$215-$297
Princi aINP
F $185-$248
Department/Program Manager
$160-$204
Senior Project Manager
$155-$196
Project Manager
$146-$183
Associate Project Manager
$132-$163
Engineer
$128-$152
Associate Engineer
$120-$142
Project Engineer
$106-$132
Senior Construction Manager
$134-$187
Construction Manager/Resident Engineer
$128-$157
Associate Construction Manager
$102-$144
Inspector
$85-$124
Senior CAD Design
$125-$154
CAD Design
$90-$135
GIS Technician
$78-$141
Administrative
$70-$94
.- .-
Miles Mileage Reimbursement
IRS Rate
Dail Truck Rate if needed)
$105.00 per day
SubconsultantMarkup
None
All other costs at direct ex ense
Terms
30 da s net
ditesco Page 4
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