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Home My WebLink About23-74 Approving Agreement Sturgeon Electric for Traffic Signals 07-12-2023RESOLUTION NO. 23-74 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND STURGEON ELECTRIC COMPANY INC FOR SERVICES FOR TRAFFIC SIGNAL CONTROLLED INTERSECTIONS AND FOR A ROADWAY CAMERA DETECTION sysTEM WHEREAS, the Town of Firestone ("Town") is in need of services for the installation of replacement batteries and conflict monitoring units at eight traffic signal controlled intersections, replacement of the camera detection system at Firestone Blvd and Jake Jabs Blvd and the replacement of traffic controllers at seven traffic signal controlled intersections; and WHEREAS, Sturgeon Electric Company, Inc., ("Sturgeon") is already contracted to perform preventative maintenance for the Town's traffic signal controlled intersection; and WHEREAS, staff recommends that Sturgeon be selected as the sole source provider for the required services as the parties have established a successfull working relationship and it is thus in the Town's best interest to have Sturgeon perform the required services; and NOW, THEREFORF, 13E IT RESOLVED BY TIE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORAIBC : The Agreement between the Town of Firestone and Sturgeon Electric Company, Inc. for services for traffic signal controlled intersections and a roadway camera detection system 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 12"' day of July, 2023. T RADO Drew Alan Peterson, Mayor AGREEMENT FOR SERVICES x yy * # �y t• # �' !`E y Ey�ye #t #` R�yV Y �� w 'w � s �. � ; � s • � a i y' # w � i # ! r •r� � 'y�. • i RFi # �R r • !. a�. #� �. * ! � � �y' Y# � i � i ' !r� ! iYk R �` ! iy{# y.. � 1l Y i �E �# i t li r � !' i # ! w � #' to * • !" !# 4 4 # • �r ! disputes,to Contractordays for # ! r by ! CSet-Off: In addition ! r other rightsTown has underAgreemento indemnification or recoupment, Contractor agrees that the Town is entitled to set off any amounts it may owe Contractor under this Agreement against such claims for indemnity or recoupment. PROFESSIONAL RESPONSIBILITY qualified to responsibilities trti t V. OWNERSHIP 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 _j rej j8d r o j "42 (j *I -t # sucli, wor W"lli-Al 11 0111J871, tIrtj f "rom Contractor, Vt. 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, Contractor shall make no representation that it is a Town employee for any purposes, Contractor understands that Contractor is not entitled to unemployment insurance benefits from the Town, Contractor shall be responsible for payment of all taxes, including federal, state and local taxes arising out of Contractor's activities under this Agreement, including, by way of illustration but not limitation, federal and state income tax, social security tax, unemployment insurance taxes, and any other taxes or business license fees as required. 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, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town, 19 Worker's Compensation insurancerequired by law, j Z Commercial General Liability insurance with minimum combined single limits of $I ,00 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premis and operations, and shall include coverage for bodily injury, broad form property damage, person injury (including coverage for contractualand employee a blanket # r w products, rt completed operations, The policy shall contain a severability of interests provision, and shall includ the Town and the Town's officers, employees, and contractors as additional insuredsNo addition insured endorsement shall contain any exclusion for bodily injury or property damage arising fro completed operations. BSuch insurance shall be in addition to any other insurance requirements impose by !a shall be # 'ly responsible for any deductible !sses under any policy. CContractor shall provide to the Town a certificate of insurance as evidence that the requi policiesare force andeffect, The certificateshallidentify# ew Contractor agrees toindemnifyand #! harmless Town and officers,! 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 #. r # # .. ! ! a ! 111991M, # # " #. a 010101111 r ! # # rt #ll IX. WORKER WITHOUT AUTHORIZATION A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time # # ## ! ! # # In #r contract# # a ! rs that term hired to perform work under this Agreement, & Prohibited Acts, Contractor shall not knowingly employ or contract with a worker w t Ou authorization, as that term is defined in CRS. § 8-17,5-101(9), as amended, to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not ! # employ or # a workerwithout# a #that term is 11 ATTEST: APPROVED AS TO P g Kri ti K Bashor, Clot;, Town Clary William P. Hayashi, Town Attorney STURGEONC tCOMPANY, INC. By."y MIMINDOM )SS. County of The foregoing instrument was subscribed, sworn to and acknowledged before rns this � _ day of 2023 y _ 4 of my commission expirm Notary Publir; State of Colorado Notary to 0 2 °. II Notary Public EXHIBIT A During the term of this Construction Contract, the Contractor shall perform the following duties, as directed by the Town: Traffic signal •y. and maintenance MEEMMEMEMM IF! I 1 111 INTO I 811� Momi 11 1 1 1 111 ; lil Ri • Contractor shall install 7 new flex controllers at each traffic signal to upgrade the existing system, 0