25.04.16 PSA CMT Technical Services of Colorado2025 FORM: ICA – CMT Technical Services of Colorado, April 2025
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2025 Independent Contractor
Service Agreement
For Third Party Special Inspections at
East Nottingham Park Improvements
(“East Park Improvements Project”)
This Independent Contractor Service Agreement (“Agreement”) dated as of April ___, 2025, is
between the Town of Avon, a Colorado home rule community (“Town”), and CMT Technical Services of
Colorado, a Contractor of the State of Colorado whose business address is 365 Warren Avenue Unit 201,
Silverthorne, CO. 80497 (“Contractor” and, together with the Town, “Parties”).
1. Services: Contractor agrees to provide services (“Services”) as described in the proposal
(“Proposal”) attached hereto and incorporated herein as Exhibit A. To the extent the provisions of this
Agreement conflict with the Proposal, the terms of this Agreement shall control. Contractor shall provide
and complete the Services in a manner consistent with that degree of care and skill ordinarily exercised by
members of the same profession currently practicing under similar circumstances in Colorado. Contractor
hereby warrants that it has the workforce, training, experience, and ability necessary to properly complete
the Services in a safe and timely fashion. Contractor will comply and cause all of its employees, agents,
and subcontractors to comply, with applicable safety rules and security requirements while performing the
Services.
2. Independent Contractor: The Contractor shall perform the Services as an independent
contractor and shall not be deemed by virtue of this Agreement, or any other document attached or
referenced herein, to have entered into any partnership, joint venture, employer/employee, or other
relationship with the Town other than as a contracting party and independent contractor. The Town shall
not be obligated to secure, and shall not provide, any insurance coverage or employment benefits of any
kind or type to or for the Contractor or the Contractor’s employees, sub-consultants, contractors, agents, or
representatives, including coverage or benefits related but not limited to: local, state, or federal income or
other tax contributions; insurance contributions (e.g., FICA); workers’ compensation; disability, injury, or
health; professional liability insurance, errors, and omissions insurance; or retirement account contributions.
3. Insurance:
3.1. Minimum Amounts. The Contractor shall obtain and shall continuously maintain during the Term
(as defined herein) of this Agreement insurance of the kind and in the minimum amounts specified in this
Section 3.1. The Required Insurance (defined below) shall be procured and maintained with insurers with
an A- or better rating as determined by Best’s Key Rating Guide. All Required Insurance shall be
continuously maintained to cover all liability, claims, demands, and other obligations assumed by the
Contractor.
The Contractor shall secure and maintain the following (“Required Insurance”):
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A. Worker’s Compensation Insurance in the minimum amount required by applicable law for all
employees and other persons as may be required by law. Such policy of insurance, if any, shall be
endorsed to include the Town as a Certificate Holder.
B. Comprehensive General Liability insurance with minimum combined single limits of One Million
Dollars ($1,000,000.00) for each occurrence and of One Million Dollars ($1,000,000.00) aggregate.
The policy shall be applicable to all premises and all operations of the Contractor. The policy shall
include coverage for bodily injury, broad form property damage (including completed operations),
personal injury (including coverage for contractual and employee acts), blanket contractual,
independent contractors, products, and completed operations. The policy shall contain a
severability of interests provision. Coverage shall be provided on an “occurrence” basis as
opposed to a “claims made” basis. Such insurance shall be endorsed to name the Town as
Certificate Holder and name the Town, and its elected officials, officers, employees, and agents as
additional insured parties.
3.2. Additional Requirements for All Policies. In addition to specific requirements imposed on
insurance by this Section 3. INSURANCE and its subsections, insurance shall conform to all of the
following:
A. For Required Insurance and other insurance carried by Contractor (“Contractor Insurance”), all
policies of insurance shall be primary insurance, and any insurance carried by the Town, its
officers, or its employees shall be excess and not contributory insurance to that provided by the
Contractor; provided, however, that the Town shall not be obligated to obtain or maintain any
insurance whatsoever for any claim, damage, or purpose arising from or related to this Agreement
and the Services. The Contractor shall not be an insured party for any Town-obtained insurance
policy or coverage.
B. For Contractor Insurance and Required Insurance, the Contractor shall be solely responsible for
any deductible losses.
C. For Required Insurance, no policy of insurance shall contain any exclusion for bodily injury or
property damage arising from completed operations.
D. For Required Insurance, every policy of insurance shall provide that the Town will receive notice no
less than thirty (30) days prior to any cancellation, termination, or a material change in such policy.
3.3. Failure to Obtain or Maintain Insurance. The Contractor’s failure to obtain and continuously
maintain policies of insurance in accordance with this Section 3. INSURANCE and its subsections shall not
limit, prevent, preclude, excuse, or modify any liability, claims, demands, or other obligations of the
Contractor arising from performance or non-performance of this Agreement. Failure on the part of the
Contractor to obtain and to continuously maintain policies providing the required coverage, conditions,
restrictions, notices, and minimum limits shall constitute a material breach of this Agreement upon which
the Town may immediately terminate this Agreement, or, at its discretion, the Town may procure or renew
any such policy or any extended reporting period thereto and may pay any and all premiums in connection
therewith, and all monies so paid by the Town shall be repaid by Contractor to the Town immediately upon
demand by the Town, or at the Town’s sole discretion, the Town may offset the cost of the premiums
against any monies due to the Contractor from the Town pursuant to this Agreement.
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3.4. Insurance Certificates. Prior to commencement of the Services, the Contractor shall submit to
the Town applicable certificates of insurance for all Required Insurance. Insurance limits, terms of
insurance, insured parties, and other information sufficient to demonstrate conformance with this Section
3. INSURANCE and its subsections shall be indicated on each certificate of insurance. Certificates of
insurance shall reference the Project Name as identified on the first page of this Agreement. The Town
may request and the Contractor shall provide within three (3) business days of such request a current
certified copy of any policy of Required Insurance and any endorsement of such policy. The Town may, at
its election, withhold payment for Services until the requested insurance policies are received and found to
be in accordance with the Agreement.
4. Payment: Payment for Services shall be due only after the Services are completed to the Town’s
satisfaction, which satisfaction shall be determined by the Town in its sole and reasonable discretion, and
after Contractor has submitted an invoice for the amount due complete with the Contractor’s taxpayer
identification number or social security number. Town shall pay Contractor within thirty (30) days after an
invoice in proper form is submitted to Town.
5. Town Unilateral Termination: Town may terminate this Agreement without cause upon delivery
of written notice to the Contractor at least ten (10) days prior to the effective date of termination or may
terminate this Agreement immediately upon delivery of written notice if Contractor fails to provide the
Services in accordance with the terms of this Agreement.
6. No Waiver of Governmental Immunity: Nothing in this Agreement shall be construed to waive,
limit, or otherwise modify any governmental immunity that may be available by law to the Town, its officials,
employees, contractors, or agents, or any other person acting on behalf of the Town and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity Act, Title
24, Article 10, Part 1 of the Colorado Revised Statutes.
7. Affirmative Action: Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Contractor will take affirmative action
to ensure applicants are employed, and employees are treated during employment without regard to their
race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
8. No Third-Party Beneficiaries : Nothing contained in this Agreement is intended to or shall create
a contractual relationship with, cause of action in favor of, or claim for relief for, any third-party, including
any agent, sub-consultant, or sub-contractor of Contractor. Absolutely no third-party beneficiaries are
intended by this Agreement. Any third-party receiving a benefit from this Agreement is an incidental and
unintended beneficiary only.
9. Limitation of Damages: The Parties agree that Contractor’s remedies for any claims asserted
against the Town shall be limited to proven direct damages in an amount not to exceed payment amounts
for Services due under the Agreement and that the Town shall not be liable for indirect, incidental, special,
consequential or punitive damages, including but not limited to lost profits.
10. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Town, its members, affiliates, officers, directors, partners, employees, and agents from and
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against all claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees,
arising out of the performance of the Services, provided that any such claim, damage, loss or expense is
caused by any negligent act or omission of Contractor, anyone directly or indirectly employed by Contractor
or anyone for whose acts Contractor may be liable, except to the extent any portion is caused in part by a
party indemnified hereunder.
11. Governing Law, Venue, and Enforcement: This Agreement shall be governed by and interpreted
according to the law of the State of Colorado. Venue for any action arising under this Agreement shall be
in the appropriate court for Eagle County, Colorado. To reduce the cost of dispute resolution and to
expedite the resolution of disputes under this Agreement, the Parties hereby waive any and all right either
may have to request a jury trial in any civil action relating primarily to the enforcement of this Agreement.
The Parties agree the rule providing ambiguities in a contract are to be construed against the drafting party
shall not apply to the interpretation of this Agreement. If there is any conflict between the language of this
Agreement and any exhibit or attachment, the language of this Agreement shall govern.
12. Term. The provision of Services under this Agreement shall commence on April 17, 2025 (the
“Effective Date”) and will terminate on December 31, 2025 (cumulatively, the “Term”); provided, however,
under no circumstances will the Term exceed the end of the current Town Fiscal year (January 1 –
December 31). The Contractor understands and agrees that the Town has no obligation to extend this
Agreement’s Term or contract for the provision of any future services, and makes no warranties or
representations otherwise. Notwithstanding the foregoing, the Parties may mutually agree in writing to the
monthly extension of this Agreement for up to twelve (12) consecutive calendar months if such extension is
approved by the Town Council and the Contractor and such extension do not alter or amend any of the
terms or provisions of this Agreement.
13. Article X, Section 20/TABOR. The Parties understand and acknowledge that the Town is subject
to Article X, § 20 of the Colorado Constitution (“TABOR”). The Parties do not intend to violate the terms
and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this
Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of
TABOR and, therefore, notwithstanding anything in this Agreement to the contrary, all payment obligations
of the Town are expressly dependent and conditioned upon the continuing availability of funds beyond the
term of the Town’s current fiscal period ending upon the next succeeding December 31. Financial
obligations of the Town payable after the current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and
resolutions of Town of Avon, and other applicable laws. Upon the failure to appropriate such funds, this
Agreement shall be terminated.
14. Background Check. A background check of Contractor and any Contractor’s employees or
subcontractors may be required by the Town. Contractor can provide proof of a CBI check within the past
six (6) months and shall provide a copy prior to the commencement of any Services (this can be acquired
online by going to www.colorado.gov) or the Town will conduct the background check and provide a
submission form to be completed by the Contractor.
15. Assignability. The Contractor shall not assign this Agreement without the Town’s prior written
consent.
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16. Survival Clause. The “Indemnification” provision set forth in this Agreement shall survive the
completion of the Services and the satisfaction, expiration, or termination of this Agreement.
17. Severability. In the event a court of competent jurisdiction holds any provision of this Agreement
invalid or unenforceable, such holding shall not invalidate or render unenforceable any other provision of
this Agreement.
18. Attorney’s Fees. Should this Agreement become the subject of litigation between the Town and
Contractor, the prevailing party shall be entitled to recovery of all actual costs in connection therewith,
including but not limited to recovery of all actual costs in connection therewith, including but not limited to
attorneys’ fees and expert witness fees. All rights concerning remedies and/or attorneys’ fees shall survive
any termination of this Agreement.
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AGREEMENT READ, UNDERSTOOD, AND APPROVED:
TOWN OF AVON CONTRACTOR
By: ____________________________________ By: _____________________________________
Name: Eva Wilson, PE, PTOE, CFM Name: Ian M. Cesare, P.E.
Title: Town of Avon, Engineering Director Title: CMT Northwest Colorado Office Manager
APPROVED AS TO FORM:
______________________________________
Nina P. Williams, Town Attorney
Ian M. Cesare (Apr 16, 2025 14:47 MDT)
Ian M. Cesare
Nina P. Williams (Apr 16, 2025 15:01 MDT)
Nina P. Williams
Eva Wilson (Apr 16, 2025 15:17 MDT)
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EXHIBIT A
(“Proposal”)
Colorado Regional Office: 7108 South Alton Way, Building B • Centennial, CO 80112
Arizona • Colorado • Idaho • Texas • Utah
Phone 303-220-0300 • www.cmttechnicalservices.com
April 11, 2025
Ms. Nicole Mosby, PE, CFM
Town of Avon
500 Swift Gulch Road
P.O. Box 975
Avon, CO 81620
Subject: Proposed Materials Testing and Construction Observation
East Nottingham Park Improvements
Avon, Colorado
Proposal Agreement No. 501124.P01.A
Dear Ms. Mosby:
CMT Technical Services - Colorado (CMT) is pleased to submit this proposal to the Town of Avon
(Client) for materials testing and construction observation at the East Nottingham Park Improvements
project located in Avon, Colorado. The following documents were used for project reference:
Permit set drawings by Zehren and Associates, Inc., East Nottingham Park Improvements
Project, dated February 19, 2025.
Bid set project specifications by Zehren and Associates, Inc., East Nottingham Park
Improvements Project, dated July 25, 2024.
Micropile design submittal by Printz Engineering Services, LLC, East Nottingham Park
Improvements, dated March 18, 2025
Geotechnical evaluation by Ground Engineering, Nottingham Park Restrooms, dated
January 19, 2022.
Construction schedule by Baker Constructors, Nottingham Park Improvements.
CMT understands that its scope of work will be limited to the proposed restroom building and adjacent
plaza area. CMT understands it’s role will be to act as quality assurance (QA) and provide special
inspections on behalf of the Clients request, based said project references, and conversations with
Client. It is CMT’s understanding this project will require materials testing and observation between
April and November 2025. CMT proposes the following scope of services:
TASK 1 - MICROPILE OBSERVATION
CMT personnel will observe drilling operations and construction of micropiles, log the subsurface
profile, and sample and test grout. Observation reports will be submitted that document pile
identification, diameter, design and actual drill depths, locations, pull test results, grout batch
information, grout compressive strength, and unusual conditions observed during CMT’s site visits.
At a minimum, one set of grout cubes will be cast for compressive strength testing for each day of
grout placement, unless otherwise specified by the structural engineer.
Sets of three 2 inch cubes will be cast for compressive strength determinations for grout placement.
One cube will compression tested at 7 days and two cubes will be tested at 28 days. Per anticipated
project specifications, at a minimum, one set of cubes will be obtained for every day of placement.
CMT representative will coordinate sample pickup and transport grout cubes to a CMT laboratory.
CMT TECHNICAL SERVICES - COLORADO
501124.P01.A East Nottingham Park Improvements Proposal 04.11.25 2
CMT anticipates a CMT staff engineer will be onsite full-time during drilling operations and pull testing.
CMT anticipates 37 micropiles will be installed over the course of four days, averaging approximately
10 micropiles installed, per day.
CMT anticipates approximately four site visits to observe the micropile installation and an additional
site visit to observe pull testing.
TASK 2 - COMPACTION TESTING AND FIELD OBSERVATION
CMT personnel will obtain samples of onsite and import soil and conduct laboratory testing to
determine applicable engineering properties. CMT will observe fill placement and conduct field tests
as required for moisture and density determination using test method ASTM D6938 (nuclear gauge
method), and/or other tests as required by project specifications. CMT will observe subgrade or base
course surface stability prior to placement of structures or pavement.
CMT estimates 10 site visits to test and observe foundation backfilland subgrade for the plaza area
adjacent to the building foundation. CMT understands that compaction testing may be requested
occasionally for deep utility backfill on the site..
TASK 3 - REINFORCING STEEL AND CONCRETE ANCHOR OBSERVATIONS
CMT personnel will observe reinforcing steel placement for structural concrete. CMT will also observe
anchor bolt hold downs and/or embedment plate placement to determine if they are in compliance
with plans, specifications, and/or at the direction from the structural engineer. Where practical and
when scheduling affords, CMT personnel will combine reinforcing steel observations with testing prior
to and during concrete placement.
If dowels are installed, CMT personnel can observe the drilling and doweling procedures and
installation, per project specification and ASTM standards.
CMT estimates five site visits to observe reinforcing steel and concrete anchor installation for the
restroom and canopy foundations.
TASK 4 - CONCRETE TESTING
CMT personnel will conduct concrete tests in accordance with specifications using applicable ASTM
test standards. Sets of five cylinders will be cast for compressive strength determinations. Unless
otherwise required, 4 inch by 8 inch cylinders will be utilized. One cylinder will be compression tested
at 7 days, three cylinders will be tested at 28 days, and one cylinder will be held. The held cylinder
will not be tested unless the 28 day compressive strength average does not achieve specified
strength. At a minimum, one set of cylinders will be obtained for every 50 cubic yards of each type
of concrete placed in any 1 day, or a minimum of one set per day of placement.
In accordance with ACI 301, ACI 311, and ASTM C31 criteria, facilities for making, storing, and curing
concrete strength specimens will be developed and provided by the Contractor or Owner, as
applicable. CMT will conduct its services in accordance with ASTM C31, making reasonable efforts to
CMT TECHNICAL SERVICES - COLORADO
501124.P01.A East Nottingham Park Improvements Proposal 04.11.25 3
meet initial curing requirements. Additional costs associated with this task may apply.
CMT estimates 13 site visits to test and observe concrete placement for foundations, light post bases,
seat walls, and concrete flatwork.
TASK 5 - WELD AND BOLT OBSERVATION
CMT personnel will conduct visual fillet weld observation and bolt torque testing, as per the
specifications and as directed by the structural engineer.
CMT estimates two site visits to observe welded and bolted connections for the pre engineered metal
building and canopy.
TASK 6 - ASPHALT PAVING MATERIAL (APM) TESTING
CMT personnel will conduct density tests on the in-place asphalt pavement using a nuclear density
gauge (ASTM D2950). At a minimum, one density test will be conducted on each lift for every 200
linear feet of asphalt pavement placed.
Bulk samples of the asphalt mixture will be collected during placement. Bulk samples samples will be
tested in the laboratory, as required by specification or as otherwise directed by Client and/or Client’s
authorized representative.
CMT did not budget for this task, but may be included upon request.
TASK 7 - PROJECT MANAGEMENT AND SUMMARY REPORT
CMT will inform Client and/or the Client’s authorized representative of test results during construction.
A report will be issued in electronic format (pdf) summarizing the field observations and field and
laboratory testing for TASKS 1 through 6. This report will be sent to parties designated by the Client
and/or Client’s authorized representative. Printed copies will not be provided, unless specifically
requested prior to report preparation. Additional fees will apply if printed copies are requested.
ESTIMATED FEES
CMT estimates the fees for its scope of services as follows. All final costs are a function of time spent
on each task at the assigned fee rate. This proposal is an estimate of the number of hours and/or
days anticipated for each task based on information provided, plans and specifications, other jobs of
similar size and scope, and includes no additional time due to nonconformance, delay, schedule
changes, or changes in work methods by Client, Client’s authorized representative, Contractor,
Owner, or any others associated with the project. CMT will perform tasks as scheduled by Client
and/or Client’s authorized representative. Estimated time for field services includes project travel,
vehicle, equipment, scheduling, and daily reporting by CMT’s field representative(s).
TOTAL ESTIMATED FEE $21,460
Estimated
Hours
Hourly
Rate Total
40 $143 $5,720
40 $105 $4,200
20 $110 $2,200
25 $105 $2,625
16 $110 $1,760
TBD $105 TBD
$16,505
# of Tests Unit Rate Total
4 $58 $232
2 $344 $688
25 $20 $500
TBD $99 TBD
$1,420
Estimated
Hours
Hourl
Rate Total
20 $143 $2,860
3 $161 $483
2 $96 $192
$3,535
$21,460
1)
2)
Moisture/density relationship (Proctor) with classification
Soil
Laboratory Testing
Task 5 - Weld and Bolt Observations
Special inspector (assumes 2 site visits)
Micropile Grout
Compressive strength grout cubes (assumes 4 sets of 3)
ESTIMATED FEES
East Nottingham Park Improvements
Proposal Agreement No. 501124.P01.A
Subtotal
Field Services
Project engineer (assumes 5 site visits)
Task 1 - Micropile Observations
Task 3 - Reinforcing Steel and Concrete Anchor Observations
Special inspector (assumes 5 site visits)
Task 2 - Compaction Testing and Field Observations
Senior technician (assumes 10 site visits)
Task 4 - Concrete Testing
Senior technician (assumes 5 site visits)
Task 6 - Asphalt Paving Material (APM) Testing
Senior technician (as needed)
Additional fees will apply for additional laboratory testing, engineering consultation, overtime, improper scheduling, and/or night shift services. See full
text of proposal agreement for contract terms and conditions.
Project manager
Subtotal
Pro ect Mana ement, En ineerin Consultation, and
Summary Report
Concrete
Compressive strength cylinders (assumes 5 sets of 5)
Asphalt
Maximum throretical specific gravity (Rice value) (as needed)
Senior project manager
Project coordinator
Subtotal
Estimated time for field services includes travel, time onsite, and daily reporting by field representative. Fees for field services include field testing
equipment, such as nuclear density gauge and concrete/grout testing gear.
TOTAL ESTIMATE
501124.P01.A East Nottingham Park Improvements Estimated Fees
Colorado Regional Office: 7108 South Alton Way, Building B • Centennial, CO 80112
Arizona • Colorado • Idaho • Texas • Utah
Phone 303-220-0300 • www.cesareinc.com