HomeMy WebLinkAbout24-17 Approving Defalco Construction Company contract Historic Firestone Waterline Replacement Phase 2 No. 2 02-14-2024RESOLUTION NO.24-17
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A CONSTRUCTION
CONTRACT BETWEEN THE TOWN OF FIRESTONE AND DEFALCO
CONSTRUCTION COMPANY PERTAINING TO THE HISTORIC
FIRESTONE WATERLINES REPLACEMENT PHASE 2 PROJECT NO.2
WHEREAS, the Town of Firestone ("Town") is in need of professional construction
services for the Historic Firestone Waterlines Replacement Phase 2 Project No. 2 (the "Project");
and
WHEREAS, staff requests that the contract be approved as a sole source provider because of
the lead time required for the water meter setters it is in the Town's best interest to expedite approval
of the Construction Contract to ensure that the required paving can be completed this fall and that the
residents of Historic Firestone are not unduly burdened by delaying completion of the project until
Spring 2025, which would be the completion date if a sole source provider is not approved; and
WHEREAS, the Town finds that Defalco has the expertise, qualifications, and experience
to perform the work and duties required for the Project, and desires to retain Defalco which finished
Phase 2 of the Project No. 1 on time and on budget and staff worked with the Project's Design
Consultant Ditesco LLC who determined that Defalco's quote is in line for similar projects
throughout the Northern Colorado region.
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 Defalco
Construction Company 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 $185,000, at which time any
such change order shall be subject to approval by the Board
PASSED AND ADOPTED this Irday ofMD. , 2024.
Dr6W7ddn PiFferson, Mayor
ATT T:
M' ' a 67onzalez, Interim Town Clerk
APPROVED ASA FORM:
Wi ay own Attorney
CONSTRUCTION CONTRACT
THIS CONST UCTION CONTRACT (the "Construction Contract" or "Agreement") is made and
entered into this 1471ay of k—, 2024 (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 Defalco Construction Co. an independent contractor with a
principal place of business at PO Box 8020, Longmont, Colorado 80502 ("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 and the Contract Documents, attached hereto and
incorporated herein by this reference and known as: Phase 2 - Project #2 Historic Firestone
Waterline Replacement (W2023-9557)
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.
Il. DESIGN PROFESSIONAL
This Project has been designed by: Ditesco 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.
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FIRESTONE
Ill. CONTRACT TIMES: COMMENCEMENT AND COMPLETION OF WORK
A. The Work shall be substantially completed within 100 calendar 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.
IV.
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.
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
$1,834,572.88 (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.
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.
Page 2 of 10
FIRESTONE
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. 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, The contractor shall make no representation that it is a Town employee for any purposes.
Page 3 of 10
FIRESTONE
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.
0
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.
Page 4 of 10
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: Minimum Qualifications Form.
3. Exhibit C: Subcontractor Listing Form.
B. Performance Bond and Labor & Material Payment Bond.
C. Notice of Award.
D. Notice to Proceed.
E. EJCDC General Conditions of the Construction Contract.
F. EJCDC Supplementary Conditions of the Construction Contract.
G. "Specifications" dated December 2023 bearing the title: Phase 2 - Project #2 Historic Waterline
Replacement
H. "Drawings" consisting of 32 Sheets, dated, January, 2024, and titled: Town of Firestone Colorado.
Project #2 Historic Waterline Replacement.
I, Addendum numbers:
1. Addendum #1: January 30, 2024
2. Addendum #2:
J. The following may be delivered or issued after the 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).
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.
Page 5 of 10
FIRESTONE
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,
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, of 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. Subtect 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 10
FIRESTONE
Gonzalez, Town
William P. Hayashi, Town
STATE OF COLORADO
) ss.
COUNTY OF W
TOWN OF FIRESTO E, COLORADO
Peers n, Mayor
CONTRACTOR
By:
The foregoing instrument was subscribed, sworn to and acknowledged before me this A day of
fc hc a a i' v, 2024 by 4li f1wnv V l42t l i o as %��� s r'& A T of
12e
Fn /,• a Co h ; Tu'�efivyl
My commission expires:
(SEAL)
BENJAMIN M.HANSON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20084004196
MY COMMISSION EXPIRES FEBRUARY 21, 2024
Page 7 of 10
FIRESTONE
EXHIBIT A
SCOPE OF WORK
The base bid utility work Is comprised of traditional "open cut" methodology to install roughly 2,010 LF of
8" C900 PVC DRIB waterline. Work includes replacement of existing service lines, meter pits, hydrant
installation/replacement; installation of fittings, valves, and other pipeline appurtenances as more
specifically defined herein.
The base bid surface improvements are comprised of asphalt mill and overlay, full depth asphalt removal
and replacement, curb and gutter replacement, sidewalk replacement, grading modifications as well as
modifications to existing landscaping and plantings, as impacted by utility installations. The Contractor shall
furnish all materials, equipment, supplies, and appurtenances; provide all construction equipment and tools;
and perform all necessary labor and supervision.
Add alternates include additional surface restoration for the areas shown on the contract drawings including
2nd and 3rd Street between Wooster Avenue and Grant Avenue.
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, 2024
• Project Manual Dated December, 2023
• Town of Firestone Construction Standards for Public Improvements 2022 Edition
Contractor shall meet or exceed all requirements outlined within the documents listed above.
Page 8 of 10
FIRESTONE
Phase 2. Project #2 Historic Firestone Waterline Replacement
UNIT -PRICE BID FORM -BASE BID
Project #1 Historic Firestone Waterline Replacement
Base Bid #1- 4th Street, Florence Court, and 1st Street Waterline Installation and Surface Improvements
Item Description
Quantity
Unit of
Measurement
Unit Price
Extended Cost
Mobilization
1
LS
$ 56 S6Z--`
$ 5S %L
Traffic Control
1
LS
$ 31819 250-0
$ 38 925 0'
Erosion Control Management
1
LS
$ Z 315 e9�
is 4 315
8-inch Waterline Installation
2300
LF
$ 248.4
$ 57► 3zo=
Service Line Replacement
31
EA
$ Z59'1.,54
$ #3O.14
Meter Pit Replacement
22
EA
$ ' 55 SZ
$ 5 p 8 vy
Asphalt Milling 2°
11800
SY
$ 5 1-1
$ 695% n,
Excavation
2050
CY
$ 2 t�
$ 55 678 s�
Concrete Sidewalk Removal
1350
LF
$ i9 6
$ Z(.527
Concrete Ramp Removal
170
SY
$ -5125
$ $ 39j7�0—
Concrete Cross Pan Removal
85
SY
$ 3I75
$ Z toi$ 75
Re -conditioning
6700
SY
$ 41&
$ Z°I w4'—
Aggregate Base Course
3000
TON
$ 3b rz
$ I DS, %o0
Concrete Sidewalk Placement
1400
LF
$ (05 �4
$ 911 0%`�
Reinforced Concrete Sidewalk Placement
80
LF
$ 809-z
$ G,47
ADA Ramp Placement
170
SY
$ 3062
$ 071 0
Concrete Cross Pan Placement
85
SY
$ 17 0 c3
$ /0 07 5-5-
Asphalt Patching S-75 64-22
850
SY
$ 57-t
$ $QJ`3
HMA Grading S-75 64-22 Bottom Lift
7400
SY
$ /29ft
$ $9 4&(v rO
I 59
00
Pavement Markin s
1
LS
$ 315 -
18 3 ►5 °O
A
1
�(C;Izo , 329 6a
Page 8 of 22
FIRESTONE
Addendum-01 1/30/2024
C O L O e A e U
Phase 2 • Project#2 Historic Firestone Waterline Replacement
UNIT -PRICE BID FORM- ALTERNATE 1
Add Alternate #1— 2nd Street and 3rd Street Surface Improvements
Item Description
Quantity
Unit of
Measurement
Unit Price
Extended Cost
Asphalt Milling 2"
2650
SY
$ Z`i
$ 5 3 =
Excavation
750
CY
$ Z741
$ 20,557
Sidewalk Removal
300
LF
$ 1971
$$ 597-8
Concrete Ramp Removal
40
SY
$ 35 79
$ 431 GO
Concrete Cross Pan Removal
30
SY
is 3833
$ j I q
Re -conditioning
2650
SY
$ 7
$ /8665%je�
re ate Base Course
1075
TON
Is 307--
$ 38 829 �
Concrete Sidewalk Placement
240
LF
$ 5c
$ 5
Reinforced Concrete Sidewalk Placement
60
LF
$ SD42
S 55 2�0
DA Ramp Placement
40
SY
$ 31DPo
$ Z ZQZ PC,
Concrete Cross Pan Placement
30
SY
is IZ651
$ 3 0 4�
HMA Grading8-75 64-22 Bottom Lift
2650
SY
$ j 3�
$ 35 Z�
HMA Gradin SX-75 64.22 (Top lift
2650
SY
$
$ -59 455
TOTAL
$ zI,f z45Lo
TOTAL CONSTRUCTION COST: BASE 1 +A1 $ // g s77Z 88,
All quantities listed in the bid tabs are approximate and subject to field verification.
Please note any exceptions you take to this bid, e.g., minimum quantity requirements:
Page 2 of 13
FIRESTONE
C O 1. U Il T II O
Phase 2- Project A2 Historic Firestone Waterline Replacement
BIDDER'S INFORMATION:
Company Name: CO
Mailing Address: 5ZO
Telephone Number: 3D3-(o51-I ICc.D Email: 3iD59 be;FALcvC tisT2ue-T,ox]. cOM
The bidder hereby acknowledges receipt of Addendum Nos. �, _, _, _, _, _, to these specifications. (Insert
number of each addendum received.)
Name and Title of Authorized Company Representative:
N1woloy be LC-0
Name (Please print) Title
Sigr6ture
Dated this - day of �F.3t�y AR 7 20Z�
Page 3 of 13
C IRESTONE
EXHIBIT B
MINIMUM QUALIFICATIONS CERTIFICATION FORM
Bid Number:
Project #2 Phase 2 Historic Firestone Waterline Replacement I W2023-9555
CONTRACTOR SHALL CONFIRM:
YES
NO
Contractor has identifiable waterline experience, completing a
�(
❑
minimum of three (3) projects of similar scope and scale, completed
within the last five (5) years.
Contractor has $2,000,000.00 single project bonding capacity and
❑
$10,000,000.00 aggregate bonding capacity.
/
Contractor has submitted letter from Surety confirming bonding
f�
❑
capacities.
Contractor certifies 20% of the Work will be self -performed by
❑
Contractor.
V�
Page 12 of 13
FIRESTONE
C 0 6 0 R A 0 0
EXHIBIT C
Subcontractor Listing
Prolect Name:
Project #2 Phase 2 Historic Firestone Waterline Replacement I W2023-9557
The following information submitted provides the name, business address, and portion of the Work for
each subcontractor that will be used for a portion of the Work. Input N/A if work will be self -performed by
submitting bidder.
Subcontractor Name
t�6F4 t-X;C-)
t 6W s-rae Lo.xa"CQ---
asyWetj Svs,.tertES Lo,
Business Address
MIZO S.GAW161b Ate
LVJ6"-D' GO• *SS1
GIs w Qy-• ' -f'.
t*. V6Q, 40. se 2K'
Description
of Work
Waterline
Earthwork
Concrete
Asphalt Paving/milling
// Q.o, Fsyc, Szg
{ -zi4 pt gN*'/ " SODS g Surveving
Signed by: Date: Z 2 Z`}
Owe LLO
(Name)
rSt DENT
(Title)
Page 13 of 13
FIRESTONE