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HomeMy WebLinkAbout25-86 Site Service Drilling, LLC. BFL-Vogl-Stinar Alluvial Well Project Construction Contract 08-13-2025RESOLUTION NO. 25-86 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A CONSTRUCTION CONTRACT BETWEEN THE TOWN OF FIRESTONE AND SITE SERVICES DRILLING, LLC PERTAINING TO THE TOWN OF FIRESTONE BFL-VOGL-STINAR ALLUVIAL WELL PROJECT WHEREAS, the Town of Firestone ("Town") is in need of professional construction services for the Town of Firestone BFL-Vogl-Stinar Alluvial Well Project ("Project"); and WHEREAS, the Town issued an invitation for bid ("IFB") proposals for such services for the Project; and WHEREAS, the Town has evaluated the bids submitted in response to the IFB, and finds that Site Services Drilling, LLC ("Site Services Drilling") is the lowest responsible, responsive bidder whose bid is most advantageous to the Town; and WHEREAS, the Town finds that Site Services Drilling has the expertise, qualifications, and experience to perform the work and duties required for the Project, and desires to select Site Services Drilling as the successful bidder for the IFB and to enter into a construction contract with Site Services Drilling to provide the construction services and perform the work as described in Construction Contract, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Construction Contract between the Town of Firestone and Site Services Drilling, LLC 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 Construction Contract on behalf of the Town. Section 2. The Town Manager or such person's designee is authorized to approve, sign, execute and deliver any and all change orders on behalf of the Town as may be necessary to complete the Project or for the Town to perform under the Contract up to and until such time as the total dollar amount of all such change orders equals or exceeds $41,005.00, at which time any such change order shall be subject to approval by the Board. PASSED AND ADOPTED this j ATT ST: Mir m Grana os Luna, CMC, Town Clerk APP AS TO FO Marshall Keith Martin, Town Attorney CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into this day of t1Vt4 , 2025 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town" or the "Owner"), and Site Services Drilling, LLC, an independent contractor with a principal place of business at 15065 West 44th Avenue, Golden, Colorado 80403 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS, the Town has found the Contractor to have the expertise and experience to perform the required services. NOW THEREFORE, in consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: SCOPE OF WORK A. The Contractor shall complete all Work and perform all Services described or reasonably implied from the Scope of Work set forth in Exhibit A, attached hereto and incorporated herein by this reference and known as: BFL-Vogl-Stinar Well Site Phase 1 Exploration Drilling Contract (W2024-9564.02). B. A change in the Scope of Work shall not be effective unless authorized as a modification to this Agreement or change order in accordance with the Contract Documents. If the Contractor proceeds without such written authorization, the 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. C. Within ten days of the Effective Contract Date, the Contractor shall provide the certificate of insurance required by the Contract Documents. II. DESIGN PROFESSIONAL This Project has been designed by: McGrane Water Engineering, LLC, who is hereinafter called DESIGN PROFESSIONAL and who is to act as FIRESTONE's representative, assume all duties and responsibilities, and have the rights and authority assigned to DESIGN PROFESSIONAL in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. Page 1 of 12 FIRESTONE III. CONTRACT TIMES• COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 90 days of the Effective Date of this Agreement. It shall continue until the Contractor completes the Scope of Services to the Town's satisfaction, 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 satisfactorily completed prior to the date of termination. If, however, the Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. C. Should a delay in completion constitute a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Such damages are not a penalty, and the parties recognize the delays, expenses, and difficulties involved in proving the actual loss suffered by the Town if the Work is not completed on time. Accordingly, instead of requiring such proof the Parties agree that as liquidated damages for each day that all or a portion of the Work is delayed beyond the deadlines set forth in Section III hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work is complete. IV. COMPENSATION In consideration for the completion of the Work by Contractor, the Town shall pay Contractor, subject to all of the terms and conditions of the Contract Documents, an hourly rate plus expenses contract amount not to exceed $41,005.00 (the "Contract Price"). The Contract Price shall include all fees, costs, and expenses incurred by the Contractor. V. PAYMENT PROCEDURES A. The Contractor may submit Applications for Payment for completed Work monthly. The Contractor may submit periodic invoices, which the Town shall pay within 30 days of receipt. B. The Town may retain up to five percent (5%) of the calculated value of completed work from each application of payment up until the Construction Contract is completed satisfactorily and finally accepted by the Town. C. Upon issuing a final acceptance of the Work for the Project, the Town shall pay to Contractor the remainder of the funds or monies previously withheld as retainage. VI. 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 licenses in good standing, required by law. B. The Work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors in the same or similar type of Work in the applicable community. Page 2 of 12 FIRESTONE C O L O R A D O C. The Work performed by the Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the Keep Jobs in Colorado Act, C.R.S. 8-17-101, et seq. (the "Act") and the rules adopted by the Division of Labor of the Colorado Department of Labor and Employment implementing the Act (the "Rules"). D. The Town's review, approval or acceptance of, or payment for any completed Work shall not be construed to operate as a waiver of any rights under this Construction Contract or of any cause of action arising out of the performance of this Construction Contract. E. The Contractor hereby warrants to the Town that all materials and equipment used in the Work, and made a part of the Work, or placed permanently in the Work, shall be new unless otherwise specified in the Contract Documents. The Contractor further warrants that all equipment and materials shall be of good quality, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, or equipment not conforming to the Contract Documents shall be considered defective. F. The Contractor shall warrant and guarantee all materials and equipment furnished under the Construction Contract and all Work performed for one year after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at its own expense, any Work that is found to be defective. The expiration of the warranty period 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. VII. OWNERSHIP Any materials, items, and Work specified in the Scope of Work, 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 Work constitutes a "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 Contractor. VIII. INDEPENDENT CONTRACTOR The Contractor is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform Work under the terms of this Construction Contract 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. IX. 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 Construction Contract. At a minimum, Contractor shall procure and maintain, and Page 3 of 12 FIRESTONE C O L O R A D O shall cause any subcontractor 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, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 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 the 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 Construction Contract. X. INDEMNIFICATION The Contractor agrees to defend, 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 Construction Contract 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 faults of the Contractor, any subcontractor 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 subcontractor of Contractor. XI. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire Agreement between the Town and Contractor concerning the Scope of Services, consist of the following: A. Exhibit to this Construction Contract: 1. Exhibit A: Scope of Work 2. Exhibit B: Bid Page 4 of 12 FIRESTONE C O L O R A D O B. Notice to Proceed. C. The following may be delivered or issued after the Effective Date of the Construction Contract and are attached hereto: Contractors Insurance Certificate, all written amendments and other documents amending, modifying, or supplementing of the Contract Documents. There are no Contract Documents other than those listed above in this Section XI. XII. CHANGE ORDERS A. 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 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 such changes. XIII. MISCELLANEOUS A. Governing Law and Venue. This Construction Contract 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 Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract. C. Integration. This Construction Contract and any attached exhibits 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 Construction Contract. E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed sufficient when personally presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Construction Contract 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 Construction Contract may only be modified upon written Agreement of the Parties. H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. Page 5 of 12 FIRESTONE 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, and 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 Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract 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. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Article X, § 20 of the Colorado Constitution. Any financial obligation of the Town is subject to annual appropriation by its Board of Trustees. Any failure of a Board of Trustees to annually appropriate adequate monies to finance the Town's obligations under this Agreement shall terminate the Agreement upon expenditure of the appropriated funds. Page 6 of 12 FIRESTONE 0 IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. SITE SERVICES DRIWNG, LLC By STATE OF COLORADO )ss. COUNTY OF The foregoing instrument was subscribed, sworn to and acknowledged before me this day of 2025 by _. f4/L_.as of My commission expires: (SEAL} ary Public DAVID LEWIS Notary Public State of Colorado Notary ID # 2021 4022933 MyCommission Ex Tres 06-t4-2029 Page 7 of 12 EXHIBIT A: SCOPE OF WORK (see attached 2 pages) Page 8 of 12 FIRESTONE SCOPE OF WORK Description 1 Mob/Demob (includes setup, tear down, site clean-up) Drilling and Continuous sample at -19 site sample holes (8 test 2 holes, 3 piezometers, and 6 moinitoring wells) using 4x8" hollow stem augers and a 5 ft long 3 -in diameter CME sampler, each approximately 25 ft deep (-459 ft total) 3 Abandon 8 sample test holes by filling with cuttings Complete 6 sample holes as monitoring wells. Completions on 4 average will be 25 ft deep and include: 17' of Sch. 40 flush joint PVC (including 2' stick-up), 10 ft of factory slotted pipe w/ end cap; 15 ft of 10-20 gravel pack; 7 feet of bentonite chips; and 3 ft of neat cement. 27 ft x 6 holes = 162 ft total) 5 Monitoring Well Protective Surface Casing with 2'x2' Concrete Pads 6 Surge block develop 6 monitoring wells approximately 30 minutes each 7 Drilling and Continuous sample two test wells using 8x12" hollow stem augers and a 5 ft long 3 -in diameter CME sampler, each approximately 25 ft deep ('50 ft total) 8 Complete two 25 ft test wells. Completions on average will include: 17' of 6 -in diameter Sch. 40 flush joint PVC (including 2' stick-up), 10 ft of Johnson's V -wire plastic (0.04 -in slot screen; 15 ft of 8-12 gravel pack; 7 feet of bentonite chips; and 3 ft of neat cement. 9 Test Well Steel Surface Casing, with 2'x2' Concrete Pad / \ a gc6O'1 mmaoE! mgO2l m%2o2I m9' %! mELOEI W6 &i1fl1OU 4-N EXHIBIT B: BID (see attached 1 page) Page 11 of 12 FIRESTONE C O L O R A D O 15065 W. 44th Ave., Unit D Golden, CO 80403 IDRLUNG ESTIMATE: Ph: 720-625-8081 Fax: 720-625.8083 E-mail: hide sck Illn .net Date: Company: Client: , i Phone: Cell: Email:s c ._ Fax: Location: _ lid Il # of Borings: Depth: 2Backfill: C S # of Borings: Depth: 25Backfill; ter r, # of(6)" )" Wells: 2.. Depth: 5 ft. Screen ' Type 140 U -W 1R # of (2 " Wells: Depth: - ft. Screen 10 __1, Type 1 4PU Sampling Program: 5 ft. Int, Cont. Sampling None Boring/Well Backfill:y' Bentonite Grout el Cuttings Surface Protection: Flush cover Riser ,j;; " hoc `'...... ett3 Pad >>> Dimensions m * m, Bollards Soil Management: Drums, Stockpile, Backfill Ground Surface: Concrete, Asphalt, Grass, Dirt, Gravel Steam Cleaner: Service Vehicle: Development Pump: Mobe/Demobe: 'it brs. o'.'e-' r Rig on location: 50 hours X $ / hour c-ct Materials - per well: wells X $ 50406/ well Co') Materials - per well: wells X $14, 2, .od well 12.. or\ l,4ta 1 X$ / homer Service Vehicle: 1 daysX$ $ . / day Steam Cleaner: - days X $ 200. / day Continuous: daysX$ $ 2,40..00 /day ,-cr PArAp.Gee,. I XX$1o..00I, Locates: C!?e ,s .00 boc °s` $ i � / hst Other: X$ Equipment breakakelreplacement @ cost plus freight. $ zL000.0 $ li... - 0 $_51oo.oO0 $ q,9o,00i $oo0 $ ILlDo.O60 $ i,.. 0 $+ b. /0 $ 30. o ( $ �0 0 $ 0 Submitted by: joFF Estimated Project Cost: $ 14 j e . _ 0 Site Services Drilling LLC is not responsible for well permitting, intent to drill notification or utility locating. All materials include taxes, handling, and installation. Please call if you have any questions concerning this estimate. Thank you.