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HomeMy WebLinkAbout24-44 Approving Construction Contract Cobalco Services, Inc. St. Vrain WTP Concrete Floor Sealant 04-24-2024RESOLUTION NO.24-44 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO APPROVING A CONSTRUCTION CONTRACT BETWEEN THE TOWN OF FIRESTONE AND COBALCO SERVICES INC WHEREAS, the Town of Firestone ("Town") as a condition of its Settlement Agreement with Integrated Water Services Inc ("IWS") is responsible for completion of all the painting and coating work at the St Vrain Water Treatment Plant; and WHEREAS, COBALCO Services Inc is uniquely qualified to perform such services as it had served as a contractor for IWS at the St Vrain Water Treatment Plant and completed all work with the exception of applying a protective sealant on the exposed concrete floor at the St. Vrain Water Treatment Plant; and WHEREAS it is therefore in the best interest of the Town to have COBALCO Services Inc. perform the remaining protective sealant work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Construction Contract between the Town of Firestone and COBALCO Services Inc 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 Contract on behalf of the Town. INTRODUCED, READ AND ADOPTED thisQA#ay of April, 2024. TOW_ N OF 17 R1 1JNE, COLORADO Sm}�/bon Conyac �'9l Jos ATTEST: ui una Gonzalez, Interim Town Clerk •'•• T, • • •' 9 #242016 CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into this day of 2024 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipa corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town" or the "Owner"), and COBLACO Services, Inc., an independent contractor with a principal place of business at 11905 East 124thAvenue, Henderson, Colorado 80640 ("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: St Vrain WTP Concrete Floor Sealant (W2020.9523.03). 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 insurance required by the Contract Documents. II. RESERVE III. CONTRACT TIMES: COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 90 days of the Effective Date of this Agreement. It shall continue until the Contractor completes the Scope of Services to the Town's satisfaction, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay the Contractor for all Work previously authorized and satisfactorily completed prior to the date Page 1 of 8 FIRESTONE C 0 I. U H A Il 11 IV. 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 $17,400.00 (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. 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. 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. 5-17-101, 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. Page 2 of 8 FIRESTONE C 0 L 0 it A U 0 E. The Contractor hereby warrants to the Town that all materials and equipment used in the Work, and made a part of the Work, or placed permanently in the Work, shall be new unless otherwise specified in the Contract Documents. The Contractor further warrants that all equipment and materials shall be of good quality, conform to the requirements of the Contract Documents and will be free from defects. All Work, materials, or equipment not conforming to the Contract Documents shall be considered defective. F. The Contractor shall warrant and guarantee all materials and equipment furnished under the Construction Contract and all Work performed for one year after the date of Substantial Completion. Under this warranty, Contractor agrees to repair or replace, at its own expense, any Work that is found to be defective. The expiration of the warranty period shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for Work negligently or defectively performed. VII. OWNERSHIP Any materials, items, and Work specified in the Scope of Work, and any and all related documentation and materials provided or developed by the Contractor shall be exclusively owned by the Town. The Contractor expressly acknowledges and agrees that all Work performed under the Scope of Work constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," the Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such Work. The Town may, with respect to all or any portion of such Work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such Work without providing notice to or receiving consent from Contractor. VIII, INDEPENDENT CONTRACTOR The Contractor is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform Work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. The contractor shall make no representation that it is a Town employee for any purposes. IX. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and 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 Page 3 of S —P-11!!:� FIRESTONE U 13! 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. The Contract Documents, which comprise the entire Agreement between the Town and Contractor concerning the Scope of Services, consist of the following: A. This Construction Contract: B. "Specifications", for reference only, bearing the title: St Wain Water Treatment Plant Construction Manual. C. "Drawings", for reference only, titled St Wain Water Treatment Facility Construction Set (Plummer Associates) There are no Contract Documents other than those listed above in this Section XI. Page 4 of 8 � �� FIRESTONE C 0 L 0 1t A 0 0 XII. CHANGE ORDERS A. A Change Order is a written instrument issued after execution of the Agreement signed by Town and Contractor, stating their Agreement, as applicable, upon all of the following: 1. The scope of the change in the Work; 2. The amount of the adjustment to the Contract Price; and 3. The extent of the adjustment to the Contract Times(s). B. All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Town and Contractor shall negotiate in good faith and as expeditiously as possible the appropriate adjustment such changes. XIII. MISCELLANEOUS A. Governing Law and Venue. This Construction Contract shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Weld County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Construction Contract by the Town shall not constitute a waiver of any of the other terms or obligation of this Construction Contract. C. Integration. This Construction Contract and any attached exhibits constitutes the entire Agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Construction Contract. E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed sufficient when personally presented or sent pre -paid, first class U.& 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, Page 5 of 8 _A �" FIRESTONE K. Sublect 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 8 FIRESTONE C 0 L 0 R A R 0 ATTE T: Mi iam a onzalez, Town Clerk STATE OF COLORADO ) ss. COUNTY OF tri� TOWN OF FI ST N , COLORADO l t"w on Cony COBLACO SERVICES, INC. 13y, 13�991h, Vice President of Operations The foregoing instrument was subscribed, sworn to and acknowledged before me this P:day of 2024 by as v . 6 of 1 My commission expires: (SEAL) CINDY WADAM NOTARY PUBLIC STATF. OF COLORADO NOTARY ID 2021403208 IMYCOMMISSION EXPIRES AUGUST13,2025 Page 7 of 8 FIRESTONE SCOPE OF WORK (see attached 3 pages) Page 8 of 8 -A n> + FIRESTONE c o L O R A U O COBLACO Get It done. Do It right. Saturday, January 27, 2024 Dave Lindsey Colorado Civil Group, Inc. 2204 Hoffman Drive, Loveland, CO, USA Re: St. Wain WTP Floor Sealer Dear Dave, 2024-01-27 12:17_ 7381 970,290.1092 dlindsay@ccginc.us Coblaco is pleased to submit the following quotation for the above referenced project. Coblaco will supply all equipment, labor, and material to perform the following scopes of work: PRIOR TO START OF WORK: • Prior to any execution of documents, scheduling and/or mobilization, please sign and return a copy of this quote to marcie@coblaco.com. • The Contractor and Coblaco personnel shall conduct a pre -job meeting to discuss safety, schedule, and detailed scope prior to mobilization. • Prior to start of work, a Contractor Supervisor and Coblaco personnel shall review the JSA and discuss any known or potential hazards related to the work site or specified scope. • Personnel shall wear all proper PPE required for the specific task performed. BID ITEMS: trios Concrete Floor Sealer Ensure concrete is clean, dry and free of bond inhibiting compounds. 1 Apply (1) one coat of W.R. Meadows VOCOMP- $17,400.00 $17,400.00 30 at an approximate coverage rate of 500 sq. Ft./gallon to all interior floor surfaces. 11905 East 124th Avenue, Henderson, CO 80640 1 Coblaco.com L of3 NOTES AND EXCLUSIONS: • Quotation contingent on work being completed in (2) mobilizations. • Coblaco is an AbIPP QP-1 & QP-2 Certified Contractor. • Quotation excludes a bond. A bond can be provided for an additional 3% of quoted price. • Quotation excludes any necessary heat or dehumidification to properly prepare, apply, and cure materials per manufacturer's recommendations. • Quotation excludes any costs associated with unknown inspection requirements, including but not limited to procurement of unknown equipment and or materials, additional time or workforce needed to perform unknown inspections, or unknown quality reporting documentation. • Any additional work or stand -by -time will be billed at Coblaco's current time and materials rate, unless otherwise specified prior to said work being performed. • Quotation valid for thirty (30) days. • Payment terms are net thirty (30) days from date of invoice With approved credit application. TERMS & CONDITIONS: The quote offered herein for the above -described scope of work supersedes and revokes any and allprior quotes, offers, understandings, or agreements between Buyer and Coblaco Services with respect to such scope of work, and renders all such prior quotes, offers, understandings, or agreements null and void. Buyer agrees and acknowledges that thequote offered for the above -described scope ofwork is based solely on the facts and information provided by Buyer to Coblaco Services. By accepting the quote offered for this scope of work, Buyer represents and warrants that Buyer has made a full disclosure of any,and all facts, circumstances, and information which may affect the quote offered herein and/or the scope of work. Buyer agrees that, hithe event Buyer later expands its woil, requirements beyond the scope of work described herein, or if Coblaco Services later discovers or encounters information or circumstances not disclosed by Buyer which have the effect of expanding the scope of work, Coblaco Services reserves the right, in its sole discretion, to alter the amounts, terms, aird conditions contained in its original quote Further, Buyer acknowledges that any such increases set forth by Coblaco Services may not be proportionate to the expansion of the scope of work which necessitates such changes. In the event it becomes necessary for Coblaco Services to exercise its right to alter its original quote offered hereunder due to any change to or expansion of the scope of work by Buyer or by the discovery of additional facts or information affecting the scope of work, Coblaco Services shall communicate a revised quote to Buyer which is consistent with the expanded scope of work. Buyer may necept or reject the new quote not later than five (5) business days following the delivery of such revised quote to Buyer. In the event Buyer rejects such remised quote or fills to accept the revised quote by the deadline described above, Coblaco Services shall, in its sole discretion, elect to either continue the work for Buyer in accordance with the original quote offered and scope of work, or, in the alternative, cease all work. In the event Coblaco Services elects to cease all work, Buyer agrees and aclnowledges• that. Coblaco Services is discharged from any and all obligations to Buyer with respect to die services to be performed in accordance with die origdnal scope of work, and Buyer further agrees to reimburse Coblaco Services for may and all services actuallyperformed, and costs acnally incurred by Coblaco Services in connection with the original scope of work. Any such reimbursement owed to Coblaco Services by Buyer shall be paid in the same manner, and on the same schedule, is would have been required of Buyer had Coblaco Services completed the scope of work on the date Coblaco Services elected to cease all work. An invoicewill be issued upon completion of the work and not delivery date. Payment terns are net thirty (30) days from date of invoice with approved credit application. If no credit has been established, payment shall be COD and required at pick up. If the balance due is not received within thirty (30) days from the date of the invoice, Irate fees will then be applied. A seance charge of 1yz percent per month will be assessed on all overdue invoices. 11905 East 124th Avenue, Henderson, CO 80640 1 Coblaco.com 2of3 Should you have any questions or require additional clarification on any part of our quotation, please feel free to contact me at the phone number or email address below. We look forward to next steps as we work with you to maximize the value from this initiative. Sincerely, ]ack Mell Operations -Manager 0 303 690 7148 E jack@coblaco.com COBLACO.com ACCEPTANCE OF QUOTATION/TERms & CONDITIONS: Customer Signature: Date: 11905 East 124th Avenue, Henderson, CO 80640 1 Coblaco.com 3 of