HomeMy WebLinkAbout26-32 Approving CMH Concrete Pumping Inc. Mountain Shadows Trail Project 04-15-2026RESOLUTION NO. 2632
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVINA CONSTRUCTION
CONTRACT BETWEEN THE TOWN OF FIRESTONE AND CMH
CONCRETE PUMPING INC PERTAINING To MOUNTAIN SHADOWS
TRAIL PROJECT
WHEREAS, the Town of Firestone (`'Town") is in need of professional construction
services for the Mountain Shadows'Trail Project (the "Project"); and
WHEREAS, the Town issued an invitation for bid ("IFIB") proposals for such services for
the Project: and
WHEREAS, the Town has evaluated the bids submitted in response to the IFB, and finds
that C.MI- Concrete Pumping, Inc. ("CMIF') is the responsible and responsive bidder whose bid is
most advantageous to the Town; and
WHEREAS, the Town finds that CMI-I has the expertise, qualifications, and experience to
perform the work and duties required for the Project, and desires to select CIII- as the successful
bidder for the IF II and to enter into a construction contract with CMFI to pro ide the construction
services and perform the work- as described in the 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 CMII Concrete
Pumping, Inc. is approved in substantiallthe same form as the cops attached hereto and made a
part of this resolution, and the Mayor is authorized to execute the Construction Contract on behalf
of the Town.
PASSED AND ADOPTED this 15th da of April, 2026.
Yi
i
ATTE, API'ROV
Mi i r adds Luna, CMG, Tows Clerk ((ith
TO I^'ORM
, Town Attorney
(THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and
entered into this day of 2026 (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 CMH CONCRETE PUMPING INC., an independent contractor with
a principal place of business at 5210 E 78th Ave, Commerce City, Colorado 80022 ("Contractor'") (each a
'Party' and collectively the "Parties")
WHEREAS, the Town has found the Contractor to have the expertise and experience to perform the
required services.
ihiw
Ir 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 and the Contract Documents, attached hereto and
incorporated herein by this reference and known as: Mountain Shadows Trail Project (P2026-
9337)
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 performance
bond„ labor & material payment bond, and certificate of insurance required by the Contract
Documents,
II, RESERVED
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III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK
A. The Work shall be substantially completed within 60 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.
S. 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 Ill 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 amount not to exceed
$93,2.a(t_ (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 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.
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.
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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.
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.
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.
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X. 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
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.
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,
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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:
B. Performance Bond and Labor & Material Payment Bond,
C. Notice to Proceed.
D. "Specifications" bearing the title:
E. "Drawings" consisting of
F. Addendum numbers:
1. Addendum#1:
Addendum2:
C. The following which may be delivered or issued after the Effective Date of the Construction Contract
are attached hereto: All written amendments and other documents amending, modifying, or
supplementing of the Contract Documents.
H, Security Addendum
There are no Contract Documents other than those listed above in this Section XII.
X11. 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.
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XIII. MISCELLANEOUS
A. Governing L aw an 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. verability, 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.
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. Subiect 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 Towns 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.
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ATT {
girl m,),Had(' Luna„ , Town Clerk
II
Ala all Keith Martin, own Attorney
yfrr Gutierrez
STATE F LdRA
LINTY OF Denv r
The foregoing instrument was subscribed, sworn to and acknowledged before me this1 r�tl day ot
t rch 2026by fr rs atierr s r iident of
Concrete P mpi g Inc,
ley commission expires:
e ry Public
,JACII HEEC CHILH
N TARY'PUSI.IC
STATE OF CCLCRAI C
NOTARY IC 2C; .4,. 4
MY CrCM VSit}N EXPIRES CTC�I3EEt E, 202
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Contractor's Duties
During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town:'
• Furnish all labor, materials, equipment, tools, supervision, and incidentals necessary to complete the project`
in accordance with the approved plans, specifications, and this Agreement.
• Perform all work in a professional and workmanlike manner, in compliance with applicable federal, state;
and local laws, codes, regulations, and standards;
• Construct the concrete trail, concrete pad, and transition areas in accordance with the project requirements,
including propeubgrade preparation, compaction, concrete placement, finishing, jointing, curing, and
A A -compliant transitions to existing trails.
• Coordinate with the Town: and all affectedutilities, including verification of Utility locations prior to
excavation,
• Always maintain the project site in a safe condition, including implementation of required safety'moos uyes
traffic control, and pedestrian access protections,
• Provide erosion arid sediment control measures and maintain them for the duration of the project,
• Protect existing structures, utilities, landscaping, and improvements from damage and promptly repair Cr
replace any damage caused by the Contractor`s operations.
• Maintain a project schedule and provide regular progress updates to the Town as requested;:
• Allow access to the work y the Tcwn, its representatives, and inspectors for the purpose of observation,
inspection, and testing;
• Remove all debris, surplus materials, and equipment from the site and restore disturbed areas upon
completion of the work;
• Correct, at no additional cost to the Town, any defective or nonconforming work identified during
construction or within the warranty period,
• Submit all required documentation, including submittals, test results, war`•rantiesas-built drawings, and
close-out materials.
Contractor`s t eliverables
In performance of the duties described above, Cant etc shall deliver th following items to the Town, during
the timeframes established by the Town:'
1. Pre -Construction Deliverables
• Project Schedule outlining major milestones, duration, and sequencing of work
• Traffic Control and Pedestrian Safety Plan, if applicable
• Erosion and Sediment Control Plan in compliance with lucal and state regulations
• Material Submittals including concrete nix design, reinforcement details, and jointing plan
• insurance Certificates and Bonds as required by the Owner
• Utility Coordination Documentation, including locates and conflict resolution
• Pre -Construction Meeting Participation
. Construction Deliverables
Site Preparation and Grading in accordance with approted
Subgrade Preparation and Compaction Documentation
Concrete Trail Construction tf,g g LF x f g FT wide),
finishing, jointing, and curing'
plans and specifications
including formwork; reinforcement, placement,
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• Construction of 12 x 12' Concrete Pad
• Concrete Transitions connecting new trail and pad to existing trails with smooth, ADA-compliant grades
• Drainage Features as required to prevent ponding and erosion
• Protection of Existing Improvements and Utilities
• Daily or Weekly Progress Reports, as requested by the Owner
• Compliance with Safety Regulations (OSHA and local requirements)
3. Quality Control and Testing
• Concrete Testing Results, if required (slump, air, compressive strength)
• Inspection Coordination with Owner or jurisdictional authorities
• Correction of Deficient Work identified during inspections
4. Site Restoration
• Restoration of Disturbed Areas, including grading, seeding, sod, or other surface treatments
• Removal of Excess Materials, Debris, and Temporary Controls
• Final Site Cleanup
• As -Built Drawings reflecting actual constructed conditions
• Warranty Documentation for workmanship and; materials
• Final Inspection and Acceptance
f U (R U
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