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HomeMy WebLinkAbout25-111 Timber Wolf Excavating I-25 Frontage and Firestone Blvd Intersection Improvements Project Contract 10-22-2025RESOLUTION NO. 25-11 1 A RESOLUTION GF THE BOARD F TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING ACONSTRUCTION CONTRACT BETWEEN THE TOWN OF FIRESTONE AND TIMBER WOLF EXCAVATING, LLC PERTAINING TO THE I- 25 FRONTAGE AND FIRESTONE BOULEVARD INTERSECTION IMPROVEMENTS PROJECT IWhEREAS, the Tow=n of Firestone ("Town„) is in need of professional construction services for the I- 25 Frontage Road and Firestone Boulevard Intersection Improvements Project (the "Project"); and WHEREAS, the Town issued an request for bids (RI'B") proposals for the work and services for the Project; and WHEREAS, the Town has evaluated the bids submitted iii response to the RI B, and finds that Timber Wolf Excavating. LLC ("Timber Wolf') is the lowest responsive and responsible bidder whose bid is most advantageous to the Town; and WHEREAS, the Mown finds that Timber Wolf has the expertise, qualifications, and experience to perform the work and duties required for the Project, and desires to select Timber Wolf as the successful bidder for the RFB and to enter into a construction contract with 'limber Wolf to provide the construction services and perform the work as described in Construction Contract, attached hereto as Exhibit A. NOW, THEREFO '.E, 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 Timber Wolf Excavating, 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 TTown. 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 Linder the Contract up to and until such time as the total dollar amount of all such change orders equals or exceeds $232000, at which time any such change order shall be subject to approval by the Board PASSE!) AND ADOPTED this day of 2025 I on Con a o a Al 11 'T ..m.. i m nados Luna, CIVIC, Town Clerk APPROVED AS TO FORM: all Keit ar in . Attorney EXHZBXT A ITimber Wolf Construction Contract] 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: 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 performance bond, labor & material payment bond, and certificate of insurance required by the Contract Documents, U. DESIGN PROFESSIONAL This Project has been designed by: Bohannan Huston, Inc., Page 1 of 9 111. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 120 working 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 one thousand dollars ($1,000.00) 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 amount not to exceed $1,602,238.00 (the "Contract Price"). The Contract Price shall include all fees, costs, and expenses incurred by the Contractor, and no additional amounts shall be paid by the Town for such fees, costs, and expenses. V. PAYMENT PROCEDURES A. The Contractor may submit Applications for Payment for completed Work per the UNIT -PRICE BID FORM or the LUMP -SUM BID FORM. 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 9 FIRESTONE 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. Vil. 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. Vill. 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. Contractor shall make no representation that it is a Town employee for any purposes. IX. INSURANCE A. Contractor agrees ₹o 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 Page 3 of 9 FIRESTONE pursuant to ₹his Construction Contract. 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. 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. Na 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. Page 4 of 9 FIRESTONE 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 Summary. 2. Exhibit B: Bid Tab B. Performance Bond and Labor & Material Payment Bond. C. Notice of Award. D. Notice to Proceed. E. "Specifications" bearing the title: Colorado Department of Transportation Project Special Provisions for The Town of Firestone, Colorado 1-25 Frontage and Firestone Blvd. Intersection Improvement Project. F. "Drawings" consisting of: Signed and Stamped Construction Documents labeled PROJECT NO. S2023-9238, PROJECT CODE 220O10 FIRESTONE 1-25 FRONTATE AND FIRESTONE BLVD INTERSECTION IMPROVMENTS G. Addendum numbers: 1. Addendum #001- 1-25 Frontage and Firestone Blvd Intersection Improvements (S2025-9257) 2. Addendum #2 -1-25 Frontage and Firestone Blvd Intersection Improvements (S2025-9257) 3. Addendum #3 -1-25 Frontage and Firestone Blvd Intersection Improvements (S2025-9257) H. The following which maybe delivered or issued afterthe Effective Date of the Construction Contract and are attached hereto: 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 XII. 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). Page 5 of 9 FIRESTONE 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 o₹ 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. 1. 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. IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. Page 6 of 9 FIRESTONE SCOPE OF WORK Roadway construction along Firestone Blvd, from the 1-25 East Frontage Road to the 1-25 northbound On -ramp. Work to include widening of the north side of the westbound (WB) Jane to provide new, dedicated northbound (NB) 1-25 on -ramp lane between the Frontage Road and 1-25, and removal and replacement of WB median to provide extended southbound (SB) 1-25 on -ramp left turn lane from the frontage road through the NB intersection, Contractor's Duties During the term of this Construction Contract, Contractor shall perform the following duties, as directed by the Town outlined in the following documents: • Contract Drawings: January 2025 • Project Manual Dated: January 2025 • Town of Firestone Construction Standards for Public Improvements 2025 Edition Contractor shall meet or exceed all requirements outlined within the documents listed above, Page 8o19 FIRESTONE EXHIBIT B BID TAB Page 9 of 9 FIRESTONE Greetings, TWX Colorado, dba Timber Wolf Excavating presents the following documents as qualification for the upcoming projects: 1-25 r nta Firestone Blvd Intersection Improvements st • a Timber Wolf Excavating is Certified with COOT and in Good Standing with the Colorado Secretary of State Consent of Members The undersigned, being all the Members of Timber Wolf Excavating, an Oklahoma Limited Liability Company, hereby authorize, consent to, approve and ratify the execution by Jackson Jessop on behalf of Timber Wolf Excavating, LLC of bid proposals, contracts, affidavits and related documents in connection with this project. son Jess jz� Tylerow T omas Jessop Subscribed and sworn before me this '-c day of 2Ot_________ Notary Pu lic My Commission Ex ires '22 p Ncstary i., • State of OklahomaCommNumber 1901004my C :mn Expires Oct 3. 2027 C 1 TRACT CONTRACT ITEM I UNIT Quantity UNIT PRICE EXTENDED C T ITE 11NO, .i 24 1-11040 1 CLEARING AND GRUBBING AC 0.847 510,000.00 $0,470,00 242-40040 REMOVAL OF ELECTRICAL CONDUIT LF 40 $ 20.00 5 600.00 212.00040 REMOVAL OF DELINEATOR EA 30 $25.00 5750.00 202-00190 REMOVAL OF CONCRETE MEDIAN COVER MATERIAL SY 782 $10.00 $7,620.00 202. 0203 REMOVAL OF CURB AND Gun ER LF 522 S 10.00 55,220,00 20'2.00210 REMOVAL OF CONCRETE PAVEMENT SY 906 $ 2000 $16.120 00 202-002 0 REMOVAL 7F PAVEMENT MARKINGS SF 600 $ 4.50.00 $3«600.00, 202-0084 REMOVAL OF TRAFFIC SIGNAL POLE EA 2 1,500 0 ,000.00 202 T4 REMOVAL OF MAST ARM 1,500.00 4,;50 ,00 242-44000 UNCLASSIFIED EXCAVATION CY 760 $3000 $22,600.00 203.00010 UNCLASSIFIED EXCAVATION (COMPLETE IN PLACE) CY 1„358 $3000 $4047080 203-4005(1 UNSUITABLE MATERIAL CY 72 $ 100.00 $7,200.00 207-00700 TOPSOIL,(ONSITE) CY 309 $2500 $7725,00 208-00020 SILT FENCE F 640 $6.00 53,840,00 2116-00035 AGGREGATE BAG LF 30 52500 5 750.00 278-0 04 PRE -FABRICATED CONCRETE WASHOUTSTRUCTURE EA 1 $ x.000.00 $5,000,00 204-00056 STORMDRAIN INLET PROTECTION (TYPE III) EA 1 $ 500 $500.00 248-00073 PRE -FABRICATED VEHICLE TRACKING PAD EA 2 $ 4,500. $0.00000 80 10 REMOVAL AND DISPOSAL OF SEDIMENT (LABOR HR 15 5100.00 $1,500,00 208-001)5 REMOVAL AND DISP ?SAL OF SEDIMENT (EQUIPMENT) HR 15 $ 20000 53,000,00 248-012 I7 EROSION CONTROL MANAGEMENT DAY 30 $200 0 $6,000.00 214-04424 MODIFY STRUCTURE (SIGNAL CAISSON) EA 2 $ 2,60800 $500000 210-00811 RESET GROUND SIGN EA 6 $ 25O00 51 „50000 214-40627 RESET PULL BOX EA 4 $ 1,56000 $6 200430 214-044118 ADJUST MANHOLE EA 2 1,200.80 52 400430 "210-444501 ADJUST VALVE BOX EA 2 $ 800:00 $1,600.00 212-447€16 SEEDING (NATIVE)(BROADCAST) AC 0.383 10,000,00 53,630.00 213.000)4 MULCHING (WEED FREE STRAW) AC 0.383 $1008080 53830.00 213-04461 MULCH TACKIFNE LB 77 5 50.00 S 3,850.01 241)=40000 WILDLIFE BIOLOGI T HR 5 5150,00 675000 240-00010 REMOVAL OF NESTS HR 5 $250,08 51.260,00 240-00020 NETTING SY 5 5500 08 5 2,600.00 344-06000 AGGREGATE BASE COURSE E (CLASS 6) TON 1666 545,00 $ 74,070-00 306-01140 RECONDITION (SUB DE BY 2.215 12,00 $26,560.0 FIRESTONE 412®01100 CONCRETE PAVEMENT (11 INCH) Y" 1,935 $ 165.00 $ 319,275.00 503-00048 DRILLED SHAFT (48 INCH) LF 42 $ 1,100.00 $46,200.00 6x39.20010 CURB TYPE 2 (SECTION B) LF 137 555.00 57.535 00 609-21010 CURB AND GUTTER YPE 2 (SECTION I -B) LF 374 5 50.00 $18 70000 619-0002( MEDIAN COVER MATERIAL (PATTERNED CONCRETE) SF 1,882 $ 1900 $35,758.00 612- DELINEATOR (TYPE I) EA 16 5200,00 $ 3„200.00 0x01 613-, 00200 2 INCH ELECTRICAL CONDUIT LF 25 $23.00 5575,00 613. 3 INCH ELECTRICAL CONDUIT LF 50 530.01 51 '. 0,00 0 0300 613- TYPE 2 PULL BOX EA 3 $ 1,650,00 $ 4,950.00 07002 614.00011 SIGN PANEL (CLASS I) SF 25 $75.00 1,875 00 614-00200 STEEL SIGNPOST (U-2) LF 30 $ 195.00 55,850 00 614®70336 TRAFFIC SIGNAL FACE (12-12.12) EA 1 $1 60000 51,600,00 614.72863 PUSH BUTTON BUTTON POST ASSEMBLY EA 1 S 2,850.00 52,850.00 614 8116' TRAFFIC SIGNAL®LIGHT POLE STEEL (1-65 FOOT MAST EA 1 546250OO $46250OO ARFIA 614 TRAFFIC SIGNAL -LIGHT POLE STEEL (2-35 55 FOOT MAST EA 1 552,500.E 55250000 ARM) 627.00001 PAVEMENT MARKING PAINT GAL 12 $21500 $2,580.00 627- 00002 THERMOPLASTIC PAVEMENT MARKING SF 1,090 $20.00 $21 80000 6,27'-30205 THERMOPLASTIC PAVEMENT MARKING (WORD -SYMBOL) SF 17r $23.00 54x025.670 627-30216 THERMOPLASTIC PAVEMENT MARKING (;ALK-STOPLIIE) SF 110 $17.00 $1 87000 630.00000 FLAGGING HOUR 120 $50.00 56,000.00 630.00007 TRAFFIC CONTROL INSPECTION DAY 30 $400.00 512,0000.00 630.00012 TRAFFIC CONTROL MANAGEMENT DAY 30 51,000.00 $3 1,000.00 633-60341 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE A). EA 20 $100.00 $2,000,00 630-80342 CONSTRUCTION TRAFFICS ON (PANEL SIZE B) EA 60 $100.00 $6,000.00 6a30.60343 CONSTRUCTION TRAFFIC SIGN (PANEL SIZE C) EA 5 510000 550000 630.80359 PORTABLE MESSAGE SIGN PANEL DAY 240 S 150.00 $36,000.06 635.80357 .,ACV WARNING FLASHING OR SEQUENCING ARROW PANEL EA 2 $ 8,000.00 S 16,000.00 PE 8 630.80366 DRUM CHANNELIZING DEVICE EA 50 $ 100,00 5500000 630-80363 DRUM CHANNELIZING DEVICE (WITH LIGHT) (FLASH 8NG)` EA 50 $100,00 550OO00 630-80380 TRAFFIC CONE EA 250 $ 25.00 56 250 00 LUMP SUM ITEMS - SUB$ TOTAL: 202-00828 REMOVAL OF TRAFFIC SIGNAL EQUIPMENT LS 1 $4,000 00 $4, 00.0 613-10000 WRING LS 1 $ 8,500.00 $ 8,500.00 61486710 TRAFFIC S GNAtL EQUIPMENT LS 1 $21,500, 0 $21,5500.00 625-000100 CONSTRUCTION SURVEYING LS 1 $ 25,000,00 52 ,000.00 626 0011130 MOBILIZATION Liu 1 $ 12 000 $ 12x 034 LUMP SUM - 5 TOTAL: 1 182 2.O0 *Bid Tab Continues to next Page Page 9 of 17 FORCE ACOUNTITEMS 700-70010 F/A MINOR CONT CT EVI sIONS F/A 1 160,000,00 700-70492 F/A TRAFFIC CONTROL FOR INSTALLATION F/A S 30,000,00 7x00.70170 F/A POTHOLE UTILITIES F/A 1 5 40,000,00 700-70034 F/A ADJUST UTILITIES F/A t 40,000 00 700.70380 F/A EROSION CONTROL F/A I 5000000 F/A TOTAL. 0,001000 (LUMP SUM ITEMS)+(FORCE ACCOUNT ITEMS) = PROJECT TOTAL . 1 BIDS IN WRITTEN RD : *t fAW BIDDERS INFORMATION: Company Name Timber Wolf EcaaIing Mailing Address: 520N 45thPlace Broken Aiio , Ofd 74014 Telephone Number r: 9702945804 _ Email rfan a°tw lfx.corn . a r r1 J c fa i lans rn embe - Name (Please print) Title a lnatlra _ Dated this 2 day of 1LLLL 202-'3k Page 10 of 17 FIRESTONE