HomeMy WebLinkAbout25-30 Ditesco, LLC. Admin Services Phase 3 Historic Waterline & Roadway Relacement 03-12-2025RESOLUTION NO. 25-30
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEENTHE TOWN OF
FIRESTONE AND DITESCO LLC FOR CONSTRUCTION PHASE ADMINISTRATION
SERVICES FOR PHASE 3 OF THE HISTORIC FIRESTONE WATERLINE AND
ROADWAY REPLACEMENT PROJECTNO. 2
WHEREAS, the Town of Firestone ("Town") is in need of professional services for
administration and managgement of the construction contract in connection with Phase 3 of the
Historic Firestone Waterline and Roadway Replacement Project No. 2 (the "Project"); and
WHEREAS, Ditesco LLC, which was awarded the bid for designing the Historic 11restone
Waterline and Roadway Replacement Project No. 2, has the requisite skill, knowledge, and
expertise to assist the Town in contract administration and managgentent services during the
construction phase ol'the Project.
NOW, TFIEREFORE, BE ITRESOI,VED BY THE BOARD OF TRUSI'EES OFT11E
TOWN OF FIRESTONE, CO1.,0RADO:
The Professional Services Agreement between the 'rown of Firestone and Ditesco LIX for
Construction Contract Administration and Management Services in connection with Phase 3 of
the Historic Firestone Waterline and Roadway Replacement ProjJect No. 2 is approved in
substantially the same form as the copy attached hereto and made a part of this resolution. The
Mayor is authorized to execule the Agreement on behalf of the Town.
PASSED AND ADOPTED this 12th day of March, 2025.
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APPROVED S TO FORM.-
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WHEREAS, Con*fcir W held belf otit to the lbion as having the requisite expitise and
expenience to perform the requiter! professional serVides.
NOK THEREFORE, for the consideration hereMW set forth, the receipt and sufficiency of A
are hw* AdOoWeciged, ft Parties agree As fbllows.
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fees, costs, and expenses. Contractor may submit periodic invoices, which shall be paid by the
Town within 30 days of receipt.
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.
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 orwork productwithout
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 -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 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
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
Page 2 of 5
FIRESTONE
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.
Vll. 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 Omits of
$1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be
applicable to all prernises 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 severabillty 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 shag be procured to maintain such continuous coverage. Any
insurance carded 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.
Fill. INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers,
representative, agents, employees, heirs and assignsfrom 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
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 indemriffication 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
Page 3 of 6
FIREMNE
Contractor, any Sub -Contractor of Contractor, orany officer, employee, representafive,oragent 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.
',I 1tlq #I NEI 111:1611
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.
I. Governmental ImmunU 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. § 24-10101, at seq., as amended, or otherwise available to the Town and its officers,
attomeys or employees.
Page 4 of 5
FIRESTME
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TOWN OF =,fcr�n
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Delivery by email to:
nheasis(a)FirestoneCO.gov
December 20, 2024
Nate Haasis, PE
Town of Firestone
9950 Park Avenue
Firestone, CO 80504
Scope of Work Proposal
Dear Nate:
This proposal follows discussions on November 18th, 2024, regarding the next phase of the waterline and roadway
improvements. We have prepared the following proposal to provide construction phase services for the Historic
Firestone Waterlines, Project 2- Phase 3. The intent of this proposal is to provide construction phase services for
improvements in Berwick Avenue and if awarded surface improvements on Third Street.
We are excited to continue to work with the Town of Firestone and assist in the construction phase of the fourth
waterline project managed by the Public Works Team. Our firm is built around successful relationships, successful
projects, and successful outcomes. We appreciate the opportunity to continue to work with Firestone on the next
phase of waterline improvements!
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.wooldridge(o),ditescoservices.com,
Sincerely,
Cc: file
Jill Burrell
Keith Meyer
Exhibit A
Historic Firestone Waterline
Construction Phase
Scope of Services
PROJECT UNDERSTANDING
The Town of Firestone is looking to replace approximately 1,950 lineal feet of waterline within the Historic
Downtown. This will be the fourth of many projects planned to replace over 21,000 lineal -feet of deteriorated
waterline within the Historic Downtown. The existing waterlines within the downtown area are asbestos -cement
pipe, varying between three to eight inches in diameter. Improvements include installation of a now eight inch C900
PVC watermain and full depth road restoration. Additionally, the Town is looking to improve surface conditions
along Third Street from Granville to Berwick Avenue while waterline replacement work is occurring. The proposed
construction locations are shown in the figure below indicated as Phase 3 and Add Alternate 3.
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Figure 1. Planned 2025 Construction Limits
The Town desires to complete this project in spring and summer of 2025. To support the Town, our proposed
scope of services includes construction management and engineering services for the installation of these
waterlines and associated surface restoration. As bid document assembly work is currently underway, we have only
included construction phase services for this scope of work.
dtesco Page 2
PHASE: CONSTRUCTION
• Task 1.02 Meetings
o Our team will manage and attend one (1) preconstruction meeting. This meeting is anticipated to
be held in the field or Town Hall with the Owner and Contractor. For this meeting we will prepare
meeting agendas and minutes.
o 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 in the
field or Town Hall with the Owner and Contractor. We have assumed one meeting per week for
sixteen (16) weeks.
• Task 2.01 Resident Engineering
o It is anticipated construction files will be managed on Ditescds Procore site. For this effort, Ditesco,
will generate and maintain the project Procore site, provide access to the Contractor and Town for
construction.
o We will provide part-time engineering inspection services, as requested, during construction. The
construction duration is anticipated to last approximately fourteen (14) weeks. For this effort, we
have anticipated one visit every week, coordinated with the Construction Progress Meetings.
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 observation report for Owner
review.
o We will coordinate with the Owner Provided materials testing subcontractor to review all material
test reports. We will comment on reports not meeting specifications and recommend remediation
measures if necessary. We will ensure the appropriate numbers of tests are taken and that they
are sampled according to industry standards and the project specifications. For this effort we have
assumed construction materials testing is provided by the Owner and is not included within this
scope of work.
• Task 2.02 Submittal Review
o During this phase our team will review submittals. For this project, we are anticipating ten (10)
submittals. Submittals are anticipated for waterline components and surface restoration elements,
• Task 2.03 Contract Management,
o 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.
• Task 2.04 RFI Response
o We will review contractor -generated Request for Information (RF[s). For this project, we are
anticipating five (5) RFIs.
• Task 2.05 Schedule Review
o 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.
30-M
ditece Page 3
o 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 —Berwick Avenue and Third Street.
We will generate a punch list for each location noting items that do not conform with the Contract
Documents with photographs and narrative descriptions. For this effort, we have anticipated punch
list generation by Ditesco and close out conformance verified by the Town of Firestone.
o Ditesco will provide final record drawings of the completed work. These record drawings will be
generated from Contractor -provided redlined documents, following construction completion.
Task 2.01 A Additional Services - Resident Engineering
o To further support Firestone during construction, we will provide additional part-time construction
management services, as requested. For this effort we have anticipated being onsite approximately
four (4) hours per day for four (4) weeks. We have assumed the additional construction
management services will occur primarily over the surface restoration period of work. We have
limited our effort to primarily cover asphalt preparation and street paving operations. For this effort,
Ditesco will directly handle contractor coordination, acting as the Owner's Representative. Our staff
will coordinate with the Contractor to schedule materials testing throughout the construction
duration. Ditesco will inspect construction work for conformance with th6 Contract Documents,
discuss project schedule and quality with the Contractor, provide clarifications and/or coordinate
with the Owner, and photograph construction progress.
o Additional construction management services during waterline installation can be performed, as
requested, but it is anticipated that the construction management effort during waterline installation
will be performed by the Town of Firestone. We have not anticipated additional field oversight
during waterline installation.
ditsco Page 4
DELIVERABLES
Deliverables will include full project documentation furnished electronically as listed below.
• Construction Phase Correspondence
• Construction Phase Meeting Agendas & Minutes
• Field Inspection Reports
• Contractor Pay Applications
• Approved Submittals and RFls
• Construction Punch Lists
• Record Drawings
SCHEDULE
The anticipated schedule for the study is as follows:
* Construction Phase: April through July 2025
FEE ESTIMATE
We have based our fee estimate on the following assumptions of the project schedule.
• Materials testing to be provided by the Owner and will be based on testing quantities identified in
specification section 0145 00, Section 1.13.
• Weekly engineering site inspections, coordinated with the Construction Progress Meeting.
• Primary field inspection and daily Contractor oversight for waterline installation by Owner.
• Construction management services assumed for surface restoration work.
• Other assumptions as stated within this document.
Estimated Fee —
Construction Phase:
Estimated Reimbursable Expenses:
Total:
$46,945.00
�2,693.00
$49,638.00
A detailed task breakdown is included. Please find this on page 7 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 7 of this proposal. All reimbursable expenses will be billed at direct cost.
dwites o Page 5
Difesco
2025 Rate Table
Role
President
Rate Range
(per hour)
$215-$297
PrincipaINP
$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-V44
Inspector
$85-$124
Senior CAD Design
$125-$154
CAD Design
$90-$135
GIS Technician
$78-$141
Administrative
170-194
Reimbursable Expenses
Mileage Reimbursement
IRS Rate
Daily Truck Rate if needed)
$105.00 per day
Subconsultant Markup
None
All other costs at direct ex ense
Terms
30 days net
dilesco Page 6
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