HomeMy WebLinkAbout20-45 construction contract American Civil Constructors 04-22-2020RESOLUTION NO.20-45
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND AMERICAN CIVIL CONSTRUCTORS, LLC, D/B/A/ ACC
MOUNTAIN WEST FOR CONSTRUCTION OF TWO HUNTERS PARK
WHEREAS, on December 26, 2019, the Town of Firestone ("Town") sent out a request
for bids for qualified and experienced contractors to provide construction services for the Two
Hunters Park Project ("Project"); and
WHEREAS, the Town received four submittals which were reviewed by Town staff and
Erin Martinez, who donated property for the Project; and
WHEREAS, American Civil Constructors, LLC, d/b/a/ ACC Mountain West as the most
qualified and responsive bidder was awarded the Project's contract, subject to approval by the
Board of Trustees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Agreement between the Town of Firestone and American Civil Constructors, LLC,
D/B/A ACC Mountain West, for construction of the Two Hunters Park Project, 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 Agreement on behalf of the Town.
INTRODUCED, READ AND ADOPTED this ay of A on , 2020.
F�RE3rp� JQkVN
/I OF FIRESTONE, COLORADO
O9 BJbi Sin r, Mayor
o�;NrY..Go�o
ATTEST:
Koenig, T
AP RO D AS TO
Willia ayashi, Town Attorney
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into
this ay of April, 2020 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal
corporation with an address of 151 Grant Avenue, P.O. Box 100, Firestone, Colorado 80520 (the "Town" or the
"Owner"), and AMERICAN CIVIL CONSTRUCTORS, LLC DBA ACC MOUNTAIN WEST an independent contractor
with a principal place of business at 4901 S. Windermere, Littleton, Colorado 802120 ("Contractor") (each a "Party"
and collectively the "Parties").
WHEREAS, the Town requires services; and
WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to
perform the required services.
NOW TH EREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
I. SCOPE OF WORK
A. Contractor shall complete all Work and perform all Services which are 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: Two Hunters Park (P2020-9321) Project.
B. A change in the Scope of Work shall not be effective unless authorized as a written amendment to
this Agreement or change order in accordance with the Contract Documents. If Contractor proceeds without such
written authorization, 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 10 days of the Effective Contract Date, Contractor shall provide the performance bond and
labor &material payment bond and certificate of insurance required by the contract Documents.
II. DESIGN PROFESSIONAL
This Project has been designed by: Design Concepts
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 completion of the Work in accordance with the Contract Documents.
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III. CONTRACT TIMES COMMENCEMENT AND COMPLETION OF WORK
A. The Work shall be substantially completed within 120 days of the Effective Date of this contract, and
shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as
provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall
pay Contractor for all work previously authorized and completed prior to the date of termination. If, however,
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, the parties
recognize the delays, expense and difficulties involved in proving the actual loss suffered by the Town if the Work is
not completed on time. 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 amount not to exceed $621, 932.00 (the "Contract Price").
The Contract Price shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall
be paid by the Town for such fees, costs and expenses.
V. PAYMENT PROCEDURES
Contractor may submit Applications for Payment for completed work per the UNIT -PRICE BID FORM or the
LUMP -SUM BID FORM. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of
receipt.
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 bylaw.
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 Contractor hereunder shall be done in compliance with applicable laws,
ordinances, rules and regulations, including the Keep Jobs in Colorado Act, C.R.S. &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").
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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. 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. 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
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 Contractor shall be exclusively owned by the Town. 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," 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
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 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 bylaw.
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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
Contractor. Contractor shall be solely responsible for any deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies
are in full force and effect. The certificate shall identify this Construction Contract,
X. INDEMNIFICATION
Contractor agrees to 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, or other fault of
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. ILLEGAL ALIENS
A. Certification. By entering into this Construction Contract, Contractor hereby certifies that, at the time
of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this
Construction Contract and that Contractor will participate in either the E-Verify Program administered by the U.S.
Department of Homeland Security and Social Security Administration or the Department Program administered by
the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are
newly hired to perform work under this Construction Contract.
B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform
work under this Construction Contract, or enter into a contract with a subcontractor that fails to certify to Contractor
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that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Construction Contract.
C. Verification.
1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees
who are newly hired to perform work under this Construction Contract through participation in either the E-
Verify Program or the Department Program.
2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-
employment screening of job applicants while this Construction Contract is being performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work under this Construction
Contract knowingly employs or contracts with an illegal alien who is performing work under this Construction
Contract, Contractor shall: notify the subcontractor and the Town within 3 days that Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work
under this Construction Contract; and terminate the subcontract with the subcontractor if within 3 days of
receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or
contracting with the illegal alien who is performing work under this Construction Contract; except that
Contractor shall not terminate the subcontract if during such 3 days the subcontractor provides information
to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is
performing work under this Construction Contract,
D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the
Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S.
§ 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Section XI.
E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit"
attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under
the Construction Contract via the Department Program, Contractor shall sign the "Department Program Affidavit"
attached hereto.
XII. 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. "Drawings" consisting of
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XHIM 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 directly 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.
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. Consistent with Article X, § 20 of the Colorado Constitution, any
financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall
extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or
liability beyond the current fiscal year.
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FIRESTONE
IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date,
BONE)IcP4
'OWN OF FIRESTONE, COLORADO
t p...,,..Mayor, Bobbi SindelarCOUN
IITTGCT•
STATE OF COLORADO
ss.
COUNTY OF , �,:�/ �C, )
t
AMERICAN CIVIL CONSTRUCTORS, LLC
DBA ACC MOUNTAIN WEST
VN By:
atiAV
\n 1� The foregoing instrument was sub ribed, sworn to and acknowledged
2020, by �—��(i as `
My commission expires
(SEAL)
Notary Public
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before me ,this ��ay of
of
�UCINDA h1ARSHMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID19964017395
MY COMMISSION EXPIRES OCfOBER 19, 2020
NO EMPLOYEE AFFIDAVIT
To be completed only if Contractor has no employees
1. Check and complete one:
❑ I, am a sole proprietor doing business as
I do not currently employ any individuals. Should I employ any employees during
the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence
verification requirements outlined in that Agreement,
❑ I,
am the sole ownerlmember/shareholder of
a [specify type of entity — i.e., corporation,
limited liability company], that does not currently employ any individuals. Should I employ any individuals during the
term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements
outlined in that Agreement.
2. Check one.
❑ I am a United States citizen or legal permanent resident,
The Town must verify Phis statement by reviewing one of the following items;
■ A valid Colorado driver's license or a Colorado identification card;
■ A United States military card or a military dependent's identification card;
■ A United States Coast Guard Merchant Mariner card;
■ A Native American tribal document;
■ In the case of a resident of another state, the driver's license or stafe4ssued identification card from
the state of residence, if that state requires the applicant to prove lawful presence prior to the
issuance of the identification card; or
■ Any other documents or combination of documents listed in the Town's "Acceptable Documents for
Lawful Presence Verification" chart that prove both Contractor's citizenshipllawful presence and
identity.
OR
❑ I am otherwise lawfully present in the United States pursuant to federal law.
Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement
("SAVE") program, and provide such verification to the Town.
Signature Date
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DEPARTMENT PROGRAM AFFIDAVIT
To be compieted only if Contractor participates in the Department of Labor Lawful Presence Verification Program
I, 6 6 , as a public contractor under contract with the Town of Firestone (the
"Town"), hereby affirm that:
1, I have examined or will examine the legal work status of all employees who are newly hired for
employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after
such hiring date,
2. I have retained or will retain file copies of all documents required by 8 U,S.C, § 1324a, which verify
the employment eligibility and identity of newly hired employees who perform work under this Agreement; and
3, I have not and will not alter or falsify the identification documents for my newly hired employees who
perform work under this Agreement.
Signature
STATE OF COLORADO )
ss.
COUNTY OF
Date
The foregoing instrument was subscribed, sworn to and acknowledged before e this ��—�ay of
2020, by ` L 1�G1 as i �- of UA(\ `NV)
My commission expires:
(SEAL)
Notary Public
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FIRESTONE
LUCINDA HARSHMAN I
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19964017395
MY COMMISSION EXPIRES OCfOBER 19, 2020
EXHIBIT A
SCOPE OF WORK
Contractor's Duties and Deliverables: During the term of this Construction Contract, Contractor shall perform the
following duties, as directed by the Town: Construction of a unique neighborhood park, Two Hunters Park. The contractor
will work closely with the Town Project Team and the landscape architect during construction of the park. Work Shall Include:
GENERAL CONDITIONS &SITE WORK
Bonding
Mobilization (Includes Supervision, Project Mgt, Insurance, Trucks, Cell Phones & Mobe)
Construction Surveying
Traffic Control
Cut, Fill and Compact Onsite Material (Includes Excavation/Backflll for Walls, Footers, Entry Monuments, Boulders)
Import Common Fill - Assumed No Import Required
Scarifyand Recompact at Walks and Pavements
Export of Undesirable or Unused soil
Finish Grading to +/- 0.1 of subgrade
Salvage Existing Fence at Southeast Corner of Site
Temporary Construction Fencing - 6' Chain Link (If we can use Orange Plastic Fence then deduct $3,100)
EROSION CONTROL
Silt Fence
Concrete Washout
Inlet Protection
Vehicle Tracking Control
Sedimentation Pond
PAVEMENTS
Concrete - 4" (Currently using Colorado Hardscapes)
Sandblasted Band at Walks
Specialty Concrete Pour (Blue glass aggregate)
Specialty Concrete Pour (Seashell aggregate)
Concrete Abutments at Bridge REMOVED FROM DESIGN
Replace Bridge with Culvert - 2 EA 18" RCP w/ FES, pave with 4" Concrete Sidewalk
UTILITY -STORM DRAINAGE SYSTEM
Storm Line - 4" PVC PERF
Storm Line - 4" Solid PVC
Concrete Endwall
Cleanout- Underdrain
Cobble at Bridge
UTILITY - DOMESTIC WATER
Water Piping
Backflow Preventer and Enclosure
Quick Coupler
ELECTRICAL
New Power Pedestal P1 - Pending Design Changes
New Service Entrance Feeder
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FIRESTONE
Time Clock
Contactors
Grounding / Bonding
Irrigation Power
Log Stumps and Foundations (Included in At. 2)
Log Stumps Circuiting
Tree Uplights (Now ADD At. #3)
Tree Uplights Circuiting - Pending Design Changes
Seatwall Lighting
Seatwall Circuiting
Monument Sign Circuiting
SITE CONSTRUCTION
Concrete seatwalls w/ stone caps and Formliner @ Familyarea
Concrete seatwall w/ stone caps and sandblasted @ Familyarea
Concrete seatwall w/ stone cap and sandblasted @ Mark & Erin Area
Boulder end caps at seatwall above
Concrete seatwall w/ stone cap and sandblasted @ dog area
Croncrete Mowband
Wood fence
Seat Boulder
Landscape Boulder
Central Boulders in JoeVs Area
Sandblasting Work and Painting (Removed Fiber Optic Lighting)
SITE STRUCTURES AND FURNISHINGS
EntryMonument Features (Remove Timberfrom the large stone and use onlyone stone that is 6'6" tall)
Game Tables (Table w/sandblasted chess board and boulder seats)
Trash Receptacle
LANDSCAPE AND IRRIGATION
Tree - Deciduous 4" cal.
Trees - Evergreen
Trees" Ornamental 2" cal.
Shrubs/Perennials - #5 Cont
Grasses - #5 Cont
Grasses - #1 Cont
Perennials - #1 Cont
Ground Cover flats
Annual bulbs Flats
Wildflower and Native Seed mix
Soil Prep
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Shredded Cedar Mulch for Planting Beds
Landscape River Rock - round
Stacked Cobble
Tree Fertilizer Injections
Irrigation - Native Seed
Irrigation - Planting Beds
Irrigation Controller
Mainline and Wires
ADD Alternate #2:
Material, Labor, Footers - cutting and fabricating pheasant sculptures 3D
Material, Labor, Footers - cutting and fabricating pheasant sculptures 2D
Material, Labor, Footers - cutting and welding trout cutouts
Material, Labor, Footers, Engineering - fabricating, powder coating, and installing pergolas (Includes Trellises)
Material, Labor, Footers - fabricating steel log lamps
Material, Labor- fabricating/cutting entrysignage
Material, Labor, Footers - fabricating elk Antlers
Tree Uplights - Pending design changes
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