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HomeMy WebLinkAbout22-92 Approving Ditesco Pre-construction Bidding Assistance & Construction Admin. Services Historic Firestone Water Line Replacement Proj. No. 1 07-27-2022RESOLUTION NO.22-92 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 PRE -CONSTRUCTION BIDDING ASSISTANCE AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE HISTORIC FIRESTONE WATER LINE REPLACEMENT PROJECT NO. 1 WHEREAS, the Town of Firestone ("Town") is in need of professional services for pre - construction bidding and administration of the construction contract in connection with the Historic Firestone Water Lines Replacement Project No. 1 (the "Project'); and WHEREAS, Ditesco LLC, which was awarded the bid for designing the Historic Firestone Water Lines Replacement Project No. 1, has the requisite skill, knowledge, and expertise to assist the Town in pre -construction bidding services and contract administration services during the construction phase of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Professional Services Agreement between the Town of Firestone and Ditesco LLC for Pre -Construction Bidding and Construction Contract Administration Services in connection with the Historic Firestone Water Lines Replacement Project No. l 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. INTRODUCED, READ AND ADOPTED this 27th day of July, 2022. ��Up�J s TO F SIRE ONE, COLORADO 0; t° ./ ,, o Drew Alan Peterson, Mayor ATTEST: AGREEMENT FOR PROFESSIONAL SERVICES ..THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is made and entered into this - of , 2022 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal co oration with an address of 9950 Park Avenue, Firestone, Colorado 80520 (the "Town"), and DITESCO, an independent contractor with a principal place of business at 2133 s. Timberline Road, Unit 110, Fort. Collins, Colorado 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: I. SCOPE OF SERVICES A. Contractor shall furnish and perform all bidding assistance services and materials testing services 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: Historic Waterline Bidding and Construction Phase Scope of Services (W2021-9540.02) B. A change in the Services shall not be effective unless authorized as an amendment to this Agreement. If 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 Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Parry may terminate this Agreement upon 30 days advance written notice. The Town shall pay 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. III. COMPENSATION In consideration for the completion of the Services by Contractor, the Town shall pay Contractor on a time, materials and expenses basis, pursuant to the rate schedule set forth in Exhibit A, but in no event shall the total compensation to Contractor under this Agreement exceed $55,906.00. This amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Page 1 of 6 FIRESTONE 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. 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 subcontractors to perform any work except as expressly set forth in the Scope of Services. 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 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. 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 -consultants from all claims and causes of action arising from such uses, and shall 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. 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. INDEPENDENT CONTRACTOR Page 2 of 6 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, 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. 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, employees, and contractors 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, its employees or its contractors 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. Vill. 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 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, or other fault of Contractor, any subcontractor of Contractor, or any Page 3 of 6 FIRESTONE 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 subcontractor 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 Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor 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. WORKERS WITHOUT AUTHORIZATION A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who will perform work under this Agreement and that Contractor will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 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 knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform work under this Agreement. C. Verification 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual knowledge that the subcontractor is employing or contracting with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 3 hereof, the subcontractor does not stop employing or contracting with the worker without authorization who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such 3 days the subcontractor Page 4 of 6 FIRESTONE provides information to establish that the subcontractor has not knowingly employed or contracted with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing work under this Agreement. D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. 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 obligation 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 directly 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. I. Governmental Immunity. The Town and its officers, attorneys 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 Page 5 of 6 FIRESTONE 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. ti, z cn ; 3 U A TTC CT- NE,COLORADO 0�11AK4010"M92/15= 01 i CONTRACTOR By: Page 6 of 6 FIRESTONE Exhibit A Historic Firestone Waterline Bidding & Construction Phase Scope of Services Proiect Understandin The Town of Firestone (Town) recently took ownership of water utility service within the Town of Firestone and is looking to replace approximately 2,200 lineal -feet of waterline within the Historic Downtown. This will be the firest of many projects planned to replace over 21,O00 lineal -feet of deteriorated waterline within the Historic Downtown. The existing waterlines within the downtown are asbestos -cement pipe, varying between three to four inches in diameter. Project 1 consists of waterline replacement in Jackson Drive, Wooster Drive, and the alleyway north of Wooster Drive, west of First Street. Improvements include installation of a new 8-inch C900 PVC watermain and full depth road restoration. The Town desires to construct this waterline in summer 2022. To support this waterline project, our proposed scope of services includes bidding assistance and engineering services during construction for the installation of these waterlines. Phase: Bidding • Ditesco staff will work with Firestone staff to assemble front-end bid documents. These documents will be included with the project manual and Project 1 Construction Drawings prepared during the design phase. • Ditesco will attend one pre -bid meeting. It is anticipated this meeting will be held in the field for prospective contractors. • Our team will work with the Town to prepare answers to questions during the bidding phase. Phase: Construction • Our team will manage and attend one (1) preconstruction meeting. This meeting is anticipated to be held in the field with the Owner and Contractor. For this meeting we will prepare meeting agendas and minutes. • Ditesco staff will manage weekly construction phase progress meetings. For these meetings we will prepare agendas and meeting minutes. We have anticipated these meetings will be held via Microsoft Teams or another virtual meeting platform. We have assumed one meeting per week for fifteen (15) weeks. We will provide part time resident engineering/field inspection services, as requested, during construction. The construction duration is anticipated to last approximately 12 weeks. For this effort, we have anticipated two field visits per month at approximately five -hours per visit. During field visits. Ditesco will inspect construction work for conformance with the Contract Documents, discuss project and quality with the Contractor, provide clarifications and/or coordinate with the Owner's construction inspector, and photograph construction progress. We will document the progress of work during each field visit and provide a summary document to the Owner and Contractor. • It is anticipated construction files will be managed on Ditesco's Procore site. For this effort, Ditesco will generate and maintain the project Procore site, provide access to the Contractor and Town for construction. • During this phase our team will review RFIs and submittals. For this project, we are anticipating eighteen (18) submittals and six (6) RFIs. Submittals are anticipated for waterline components and surface restoration elements. • We will subcontract with Ground Engineering to provide materials testing services during construction. These tests are anticipated to include soils proctors, soils gradation and compaction, concrete testing and Page 2 of 6 compressive strength cylinder creation, asphalt compaction, asphalt gradation and specific gravity laboratory testing. These quantities are based upon the Field Testing summary table included in Project Manual Specification Section 01 45 00, Section 1.13. • Our staff will coordinate with the Contractor to schedule materials testing throughout the construction duration. • Our team will provide contract administration including review of Contractor Pay Applications to ensure conformance with work completed to date. Upon completion of review, we will provide to the Town for processing and approval. As necessary, our team will review Contractor change orders and provide recommendations to the Town for approval. • Ditesco staff will review Contractor -generated construction schedules on a monthly basis. Comments on the schedule and construction progression will be provided to the Contractor and Town. • We will assist Firestone with project close out activities including the final punch list inspection. Our team has anticipated one (1) punch list walk per project street — Jackson Drive, Wooster Drive, and alleyway. We will generate a punch list for each location noting items that do not conform with the Contract Documents with photographs and narrative descriptions. • Ditesco will provide final record drawings of the completed work. These record drawings will be generated from Contractor -provided reclined documents, following construction completion. Page 3 of 6 Deliverables: Deliverables will include full project documentation furnished electronically as listed below. • Bid Documents and Addenda • Bid Phase Meeting Agendas • Construction Phase Correspondence • Construction Phase Meeting Agendas & Minutes • Field Inspection Reports • Contractor Pay Applications • Approved Submittals and RFIs • Construction Punch Lists • Record Drawings Schedule The anticipated schedule is as follows. Bidding/Contracting Phase June — July 2022 Construction Phase August — November 2022 Fee Estimate We have based our fee estimate on the following assumptions of the project schedule. • Materials testing to be provided according to specification section 01 45 00, Section 1.13. • Field inspection and daily Contractor oversight by'others. • Bi-weekly site inspections. • Other assumptions as stated within this document. Bidding Phase: $ 2,594.00 Construction Phase: $51,876.00 ODCs: 1,436.00 Total: $55,906.00 A detailed task breakdown is included. Please find this on page 6 of this scope of work proposal. The fee shown above is to be billed on a time and material basis based on the rates shown in the table on page 5 and 6 of this proposal. All reimbursable expenses will be billed at direct cost. Page 4 of 6 dilesce Project & Construction Services Ditesco Town of Firestone Engineering Services 2021-2022 Wage Rate Schedule Principal: $180.00 - $195.00 per hour Project Manager: $123.00 - $150.00 per hour Construction Manager/Resident Engineer: $97.00 - $123.00 per hour Project/Design Engineer. $90.00 - $135.00 per hour Inspector: $90.00 to $124.00 per hour CAD Design: $69.00 - $95.00 per hour GIS Technician: $70.00 — $85.00 per hour Administrative: $58.00 - $75.00 per hour Mileage Reimbursement: IRS Rate Subconsultant Markup 5% of cost All other costs at direct expense Terms 30 days net Page 5 of 6 3 0 3 N N N N N N w m d m^ 0 V 0 V t 0 0 N 0" N ;O W O-* O ' V 0 N 0 J p wm ; O Dy m3_ o lmQcomFC oa MJ w°0mi O momm3£ •N n Wm ?y mS C o O n mH 3Don 3mw�m..-J w o O m c, Er J 0 cOO f 3dnt oa 0 o4 mw ^o JmoFmF ' m..m . uddwmi moy o J 3 N m n o F o m J o c 3� 0 m 5 J o m xm m 0 o m a > a c c Cr x ' w m m m O w 10 0 G F K O 0 m y p O 0 0 000000 O O O O O =a 1 n TIT a A - m - O N O j m A Nm AmNmN DA NA A y� m y �. 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