HomeMy WebLinkAbout23-71 Approving Construction Contract Ideal Fence Corp for Guard Rails 2023 07-12-2023RESOLUTION NO, 23-71
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO APPROVING A CONSTRUCTION CONTRACT BETWEEN THE TOWN
OF FIRESTONE AND IDEAL FENCE CORP FOR THE REPLACEMENT OF GUARD
RAILS AT COUNTY ROAD 26 AND 7
WHEREAS, the Town of Firestone ('71, own") requested quotes from three companies for
the replacement of guard rails at CR26 and CR7 and only Ideal Fence Corp responded; and
WHEREAS staffreviewed Ideal Fence Corp's submittal and determine d that they are
qualified and that their cost is reasonable, and
WHEREAS staff thus recommends that Ideal Fence Corp. be selected as the Contractor
for the Guard Rail Replacement Construction Contract.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Guard Rail, Replacement Construction Contract between the Town of Firestone and
Ideal Fence Corp. 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.
INTRODUCED, READ AND ADOPTED this 12 1h day of July, 2023.
TOWN FFIRES' -ONE,COLORADO
Drew Alan Peterson, Mayor
ATTEST:
L-
is i K. Bashor, CNC Town Clerk
Ing
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and
entered into thisl2th day of July 2023 (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 "Owne(l and IDEAL FENCE CORP. an independent contractor with a principal place of
business at 5795 Ideal Drive Erie, Colorado 80516 ("Contractor") (each a "Party" and collectively the
WHEREAS, the Town requires services; and
WHEREAS, Contractor has been found by the Town as having the expertise and experience to
perform the required services,
NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1. 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: Removal and replacement of guard rail
on CR 26 and CR 7.
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.
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CONTRACT TIMES" *NCEFAENT AND CqM ETQN F VL EL--
A, Trie V'Vork shaH be substari ti ally completed within 90 days, of the Effective Date of this
contract, andshafl continuctirvil Ccmtr�.i 1 11
xtor complefes ths, Scoee of Services to sal'sfa,tion of the Town,
or until terrimated as provided herein
B Eitt'ier Park, may lerniinaCis (Ns Aqteenient upon 30 days advance written rjotiull The Tovin
sha4 pay Contractor for all vvork pare vmsly authorrzed arid compke-ted prict to the date of te!-,rrunation if,
however, C-l'onvactof has substafillOy or matedaliy breachted this Agr;ern ent, the Town shall have any
rc-inedy or right of set-ot"I available at law arid equity,
C, Shoi.A a delay in cornpletion constime a Compcinsable iri;,,orivenience to the Town and its
residents, the liquidated datnages estatikshed iri this Sectioln shall be enforced Swch damageti are not a
peopity, thepames recognize the delays, expensfe-anc difficullies wivolved m proving trie actuat loss suf;ered
by tne Town it Jie Work is not compleu-,,,j oft t#rrie F-or wash day Iliac all a rpirorticin of the 'Work is delayed
beyond the deadlines set forlh in Sea.hafi HI hefeuf Plus aV the Conuactorsh&H
bf,', asse�ssed tne MOLM: C4 toio hundred fifty doHxs ($2"50) eovh day urilul iNC6 is ceimplele,
IV, COMPENSATION
In conMeration for the c,onu"Iletion of 'he Ly Ocnvactcsr, tre "TovIn' 5a,-ha,1
Rc, all of "'he ternns and condiiions of the Contracl, Documents, an, anmjrit rim to exceed $25,000,00 (the
onlracl tice"), The Price shalt include a', leu�s Ejsls an,,J expenses mcurr,,sd by Contractor each
no additioial amounts sl'41 be, paid by tPe Town s,ich fi;es, costs and ex;',,,enses,
V. PAYMENT PROCEDURES
Comravor may submit kt.',pficatsons for Payalf"'n", frrr conipiet,�,,,j work ner the UNI I -PRCE BID
FORl',A, Contractor may stjbrriil penc6c mckes, 'sera ch shti!l be paid by the Town wthrn 3C) days ioreceipt
V1, aL-SPONSIBILITY
N d to assumea ibllit,es and render the
JA Contractor hereby warreunts that it �s q� i,'ihfiec I tne respons,�
ate aut" only ald licenses irl Ij quire
services dc-scribed herein ard has a[ requisite norpor-, a1 mod standina, rc d
by lam.
B The Work, p rfomied by C�,,',irr,, ract,,,; f shalt be in acrordance Mh gettefaHly accepted pfacbces
a,,-,d (lie iev6 of competency pieseritly maintained by other pracl,Cing contractors m 'the same or sm)Jiar
of wcrk w, the apphcabe cfv'ruilinity
The y'Vork PeftONT�ed by Contractor herewrider shail be done in compliance with applicable
lai,vs lor&,,ances, ru�es and reguiations, inC,ludiq ihe Kos Jobs, in "'*�sido Act, CORS. PT101, et seq
(the Ar;t") aind thf,,. rules adopted by We Division Of Labor of (tie Colotado Department of Labor and
EmOoyment iaipiementing the Act (the 'Rules")
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D T hp 1 ow n I s x,)proval or acceptance, of, or payrnent for any complett-o! V',jork shall ric"!
b(-,,, mnstrued tc,,, operalr,, as Fj wamr of any tights under flMs C"onstruction Con, traic,", or of jny caus(-I of achon
i,insing of the pr,�,rforrnawce (,,,f 'Ns C',a-,struc,1kv)n Contra,"'t
,—e snts !o the Tc�v.m that ali rriatenals ac,d tai.,,juipmisnt used in the Work,
E hereby w&rr,
1, nnarlently irl the, work, shaH be nevi LiNess othe,wise sperJied m
and w�ade a parl of the koiork, of pistc�-,d tf
the Contract Documents, Contractor further wairarits that all eouiPrn(-,,nt and ruteri a�s sl-iall be of good
quality, confom to the requiremerits of the Contract Documents Prid wlb,,, frt-,�m defects, All lylcirk,
malenials, or equipmuent not conforMimig t,,,) the Contract Documenis shall tn'.,s cons�-deretip defe,,,-;!lv,
F The Contractor shaliv.,arran, and guarantee all wiaxemals and equiptnerit hi,,nished under the
rConluact and ali 'A'ork pej`,,,,,rwied for cm;lz year after the d-c"ile of su,Dstzvitml U'nder lhs ,vamanly,
C' a -,tar ai its own expense, any Vt.,,A ;s found to be def-,,cfive The
Contravor agrees to reparr or re;I -,
of (rie wanarity pericid sl,4141 no way lmri' the; Town',.i '.s,,qta1 or 'a:pt.xtpabp e rernedies, ar the �,er,t;wd in
, titI suc- -T,, wr rk neniqenVy ratdefectiveiy peffi:,irrned, h rern,,-6es may be asse,,�ed (t, J
VIL OWNERSHIP
Any rnafena�s, kterns, and work ipecifie�d ill 1he Scope of W00, amd c t antJ all rreto do(u(T*rtatC-W
arid rnatema�s provided or developed by Conuaclor sh-:M be exrlus�vely ow,-iezi by the Tio,,,vn Cxillractor
ez", l `vjo�k
ex1pressly acknowledges ,ind' aqrees ;h,,,,-it siftwod', "")erfolme"I un"der :hf,, Scq�",,, of A'1,,,rk
ma�,Jra lor hre ' To the if at all, that it iJoes nol co,nsloute a `wor�, tria"J"", tof hire h"`�rebi
u'c'snsfefs, sells, aFt s s gns c Tr;tn, cill of it,; iio`", tdtle, zai�'d fritem e- t m Such The t
respect to 3:r aniy of such wofk, use, publ6h, display rep-oduce, distribute, des!,oy, alter, retouch
rm,,ldfy, adap! ftams',ole, or change Sur:h wuork wtlhoul ,prz,'1,vldmg notic.e to or recemrig cons-,,,anl fron",
Contractor
Vill, INDEPENDENT CONTRACTOR
I I -) n c I
Contractor is ar independer,,i contract,:v. Notw'thstanding a r ct: ny f,-)0,,er povisv of this Const u 0
Contract ali personnel assigned by Co-,ntractor to peffornn wo* underfhe tsrrr�S �St ur )r Co"filract
of thisk�,n�,'-- r, tic I
shM be, aInd rernairs at all times employees or agents of C'ontractor for all purposes 'ContractTs"alf make
do re�presfentatlon that it is a 1 ovwr; ervpk-.-yee for any purposy,,s
Ix, INSURANCE
at,Contractor @ pees to pmcure, and rnairtair,. at i poiric es uf v stir iv, L �i poky
sUfficie"It to insure against alliability, c1wrr-,, denands, and other obligatiorsy aassunr ied 'or
pursuant to thi's Construction Contract At a mimmaim, Contractor shal pro,-,ure and maintam, "and shall cause
'WarICE (Xllveraqer�> 19sed below with forms amd irislarer�
any sub,contractor to procute and rnaintatfr, thie 10111S
*he ! C'M
Pegs 3 o I 10
"Vork , 's Compenswen mswame as aqwnd by law,
k , er
2 Commemial General Li.,,ibrhty insurance, *dh nun, irrourn cornbinc�,,d irgl,rr',As of $1,000,000
each occurrence and $2000,000pew .�,,fal q7egate 1rh e policy sr aH be a ppl table to di pifer; secs
and waaWni and sh;alf inchide coverage, fo" bodfly injury, broad Nown p,<"p'e"rly dainage, pers"onal
10jury (ii-!c1iding covuage, for con vactual anid i,,,mpk3yee acts,�, b4ink(,'it r-.onll,'actual, products, x1rl
connple ited operations, The po6cy sha_hxntain a severabOily of mterests pwAsivin and WH mckde,
Towin and,Me Tci-vri's offteis, employees, and cwWaUws as adclibonal insure s' No aftbona'
inamed endonemen! MR colan ainy e;�uusion for budily inpq or p;i",,,,perty dafua,-ge arising trorn
,x�'npIt.-.-tud operatens,
8, Snh dsumnce shall be i,,-, addiNixi my lit" in qwwarxe irnposed by law
The covuages akded under he Wes shaV ro! carice:�A, Or nlali,�riafly change,,J without,
at te--,ast 30 days prior wAhn name is Me Town In me case CJ any Orte recessary
reVuactive UK and eAwWed mpixting penct+'Js sihall be P'%'jCf1rt':'�rJ ic) such continuou,, covEe-rage g
toy Asaame caRld by Me Tcwn, its officefs ornpklyoes' or nis shall be ex,,c',ess and nci,
conifibutory insurance t,) that prov, -ded by Civntra4c,,or Cot',(s,,ok iy rHspo,l'-'fb1e for any
deduckle JOSSESS Linder any polry
C' Contractor shail provide io the Toom a cerlificate of !nsuran-,.-,* (,,-is evklence that lhi£ required
pokies ars, ;n fuR We and des. The cenical SO denly thl Consiwchai Conn,c[
k INDEMNIFICATION
CknVadc, apees to haunmy and N--fld harrni:ess the 'own aW its inisure's, volurlteels�
repttt,serlatrve, agens emoopem heirs and assyns imm and agams! aN clanis UK, damages losses
exrr,-nses tar ad c"Jernands, rnc4idire g zittorrie"y On 0", intury
hrnvauw� claa'ns ;-)nsng W bWy in'j"iryinjury, Wness Wease, cter,�th, prop�--Iy
cr any other loss of any- kind whals,, e-,ver, wrich arse out c9 or we in i nnanner commoved w4h diis
ConsAction Ccntract if such ir�ury, loss, or damage s caaed m We car,rl pa,! by the aa erro,
taiga 'akin af e"'for, friistake rieg�igence, or other fatAl of ConVaclor any si,,ibcontra:ror of Contractor, of any
officer, employes','% represenlahve, or agen; of Conkacluv or Wh arie out otawwker's compersaor (.Jairn
& any emphnee of Contractor ot of any empioyee, of any subcororicto, of
xl�'V�LkKERS V�ITHQW�AUTiJORIZATKLN
WhIfificaoill-In, By swing into thts Construction Gcn'ract, her�-!by cerWies-', tnat, at
W,e fifne of this certificatior, it does ncit knowinggly efaaploy €:,ircentracIvirth a worker withoul authortzation, as
Unt w a We o C R S § 847 5-101(9t as arneWel mArs .vill perforrn vvork and thCors,iirhori
Cuntra,ct and trial Wmaw wU paarqixe in War Me E-Vefdy Fhogram WORK by Hie US,
Department of hiurne[and Security and Soc,,il Sc�ctjrity Adrin+stratcwi or D,',paitrrena P,ogram
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a,dmmrstered by tre CoL-trado Department of Labo,, ,,vid Employment to Confirm the empoymenl elig bility of
a! empkqees who an W; hired to pedomtwork in(Jer th�s Corvmruc,�lon Contract,
Z, Prwab ed A. "Y' ComacRx shall noi knowingly efriploy or �,oiftacl vAh a worker wit'hout
aWhvization, as RA tons is dahned V C FR S § H075101AL as ameAed, peifo,nn ,.vc;k uinder P-1-S
Construcfior,� ContmicK or en%r Wo a co,,tract with a subci,,,)nvac1or that tucestify thaf, the
s,ubcontraclor shall not, knowingly empby or munt wan a Wer as, th�al te�rm o�
defined it C R,S § 80 7 TIM (1, ks airs -,(,�nded, to peftorm work iir der 1,his Cot stnuclion Ct,-vilract,
C Vedcatnn
If has f"""ino4yeav Co1c,,,cscu-,)f has comfifined the �,,,,rnpkiymerit ehgib�:i�y of aH
errq,Aoy,,sss,; who are n",--�v;!Y hiaed to ,,,,edmm work mder On s CON,,taCt thiGU�J�l
pankpaimn in enor Me EARy, Pro�,,jram c,r 1he Flogra"I
2 Contrai:,tor shah not use Me E-Verify Progam or Depamnne,,'it Progvam picci',Aures
t,iriderllake pre -ernp!o yrneni scree-miq of al b applfcarits tNs Constructiowi Cori ,r asA i being
perlorm,ed,
3, If Contrais,-m oblains, �-,-,,ctuai kno,.vledge that a per foi a-iir,,,g sio'' U" hs
rk �df- -,r t
ConsUrv:,fion Gon!rad kmw&gj en)&Y5 (,,f vJth a w,)ikk,,r without authonzation, as that
term is de,tfnpd' in C R S 8,17 5-10-1,','9) as amendef who K po4urnning ths,
Conr"tructio'l Conlra",.,T, CcnRactor shalH notify sulxonVach, and Me Town Win 3 dWs lut
Contracl,or 'eas aclwa-' that the stibcoritraclv is ewploying or cctntraclin
volhout authonzation, ais lhiat letm is defined kn (,,R S� § 8-17 .5-1fJV,9�, as arnt,.,nded, wr,,c fs
and lemm tate th,-, swbomtract with !,ine
orrn:!,gi veuik undu Pm Construr-,(�(; C,,") , V
s,ibcontractor 6 Wn 3 dale of rummg Me We ri,-,luired purs�,iafO to
sub-,cnnhactor does not stop or camadwg w0h A woke nohow auMmaNm vAn is
perfornmg mxk urWer Dos Wnskj,Uunact ex ep,; -iat no"I the
SUbcomract i, ,,,T.mrg W 3 days the that
s5cmmaam hAs nod kmwwoy empayed 3r conkacled vW a woM, WHA aWhozarlwi, as Ont
ls"rm is defined m C FR S § 8-17 1101(91 as ammaled W 6 pedomimg wol undw Uns
Constructiomi, Cc,,,,ntrar,1
t°§
chat � �,-ornpiy with any reaob� onau
the Colorado Department 'A Lai.or an-d Em.,oloymni made in the of arn ir-nesfigation conducted
pursuant v (I R,S § B. 11 7 55-1 (32(5)(a) to erwure 1hat Contnalck"'r is cr,"mPlying W!01 thC- terms of flnis Section X!
E Adult, F %vacor .to not haveeinployees, Contractor shall sign the Nor 'Ernpioyee
Affidavit' attached WE R CoMiacar whides to venfy 13a-, aaifui nce of nevily h6rt,�J enployees iuho
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perform work Linder the Construction Contract via the Department Program, Contractor shall sign the
"Department Program Affidavit" attached hereto,
The Contract Documents, which comprise the entire agreement between the Town and Contractor
concerning the Scope of Services, consist of the following -I
A, Exhibit to this Construction Contract:
1, Exhibit A: Scope of Work,
There are no Contract Documents other than those listed above in this Section XH,
A, Governin 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. bite ration. 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 I.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
MIREM
H,Ainrnert. 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.
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H, Assionruient NeMmr Mo Conskchon Contrnct nor -any 01, fll-inqhts c"r Obligations' of
Pames shah be aspgned by e1vier Par(ym',hou' t're WhVeri fline otht',,'�,r
Govela, —r, w-il lmnmu� l.1he T()'t,0 &ii j its, en-qmojees, Evlt-,-,�y ng
cm ravel donmYwanive ormter-id to wiiiivehy anJypwson uOhsAgfeeruero No munelaAry hmmuns or n
t,her rig#its�,imuihes, ax! prolecmnas piovk'edby Colmo, CovenmaosWmy Ad CR§ 24y-
c10-101,elseqasamendect oroMembeavaWbi toteRmand Rsokem, ahumeysorempkjees,
i E1211s and Skyroje, Ile ry&s n S nemeles j Ke Town unde," lhcs Construr.,fiail
Convact are in acidittxi toaciy cl,�errqhts and remed, provid(A by
Cofi.,,,racl sf-iall 4",; no way limit the Tovin's legal or equHabie ieavcfie,,,, (,,r The pt,,tiorj in vvhlch suc,l enledles
uiay he forviork nqj1igerHyr defedive;y perfounied
K. SS b; 1L) A LL" X § 2,," lhta� C-,d,,,,")radc, Cunsfilm.icjr�i,
any finam',nal obhgakn c9 Me Town rol performed, during Ithe cu,,r�,eni fisca� year �s t,,,) annual
appropmv,"i, sha%eKlend ony W MP0,"lie, kiwi rently ap;,,r(,,,,,priated, ard shaU rat consWuM a mam"13tory
chaTe, requ4enient, debt o! hability the curare fiscalyear
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114 WITNESS WHEREOF, Me Palks lave exemed Ws Comslmuvcn Contrac'l as of the Effective
ph"✓ per+ D AS TO ,co
pUZA
EA FENCING CORP. LLC
By �.
,he w_ ,w. oinig mstr imt's`q vms subambul swwn C. and acknowiedged before me this a ;_" C f
2021 byry
of
3 A µ�• ¢ q
4m g
p g
,.a r ..� { s y: 3 �^g v' Y.P� ���yy£S F { . .. ...
STATE 0- CO 6,rfi�-�v"a'sD-17.. y 1"d 4$ h,Sr F FUN':
FIRESTONE
EXHIBIT A
Contractor's Duties
During the term of this Construction Contract, Contractor shall perform the following duties, as
directed by the Town: Removal and replacement of guard rail on Cr26 and Cr 7.
Contractor shall remove the existing guard rail and install a new one to meet C-DOT
specifications,
0 Work to start no later than 8120/2023 Substantial completion in 30 days full completion in 60,
* Contractor shall provide and maintain all traffic control devices and measures for the project,
• For minor quanity adjustments" $1 .435,00 (Contractor must receive prior approval from the
Town)
• All Towns standards and specifications to be followed to include the procedures outlined in
the Towns Street. Curb, and gutter maintenance/Replacement SOP to ensure stormwater
compliance including installation and maintenance of stormwater control measures,
/,Sect-lon-500 --- RoagA- l`lalt_
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