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HomeMy WebLinkAbout25-29 EZ Excavating, Inc. Historic Firestone Waterlines Replacement Phase 3 Construction Contract 03-12-2025101 WK03 0 V me 10 Kelvejel I DIMANN V Of h',J WHEREAS, the Town of Firestone ("Town") is in need of professional construction services for the Historic Firestone Waterlines Replacement Phase 3 Project No. 2 (the "Project"); and WHEREAS, the Town issued an invitation for bid ("IFB") proposals for such services for the Project; 01T41 WHEREAS, the Town has evaluated the bids submitted in response to the IFB, and finds that EZ Excavating Inc. ("EZ Excavating") is the lowest responsible and responsive bidder for the IFB; and WHEREAS, the Town finds that EZ Excavating has the expertise, qualifications, and experience to perform the work and duties required for the Project, and desires to select EZ Excavating as the lowest responsible and responsive bidder for the IFB and to enter into a construction contract with EZ Excavating to provide the construction services and perform the work as described in Construction Contract, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Construction Contract between the Town of Firestone and EZ Excavating 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 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 $150,000, at which time any such change order shall be subject to approval by the Board PASSED AND ADOPTED this I Z day of Ma r6h , 205. M ATTE T: A 71,a,- Mira Jffi-C4affa'Tos Luna, Town Clerk, THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made an entered into this J2— day of —L44WA—, 2025 (the "Effective Date") by and between the TOWN 0 FIRESTONE, a Colorado municipal corporation with an address of 9950 •ark Avenue, Firestone, Colorad 80504 (the "Town" or the `Owner"), and EZ Excavating, an independent contractor with a principal place of business at 8123 Indian Peaks Ave,, Frederick, Colorado 80516 ("Contractor") (each a "Party" and collectively the "Parties"), I BEE= NOW THEREFORE, In consideration hereinafter set forth, the receipt and sufficiency of which a hereby acknowledged, the Parties agree as followsi 1. 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 3 - Project #2 Historic Firestone Waterline Replacement (W2024-9561). 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. 111. DESIGN PROFESSIONAL This Project has been designed by: Ditesco LLC in accordance with the Contract Documents. Page I of 15 FIRESTONE C01,01AADO CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 100 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 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. III. 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 $1,418,712.00 (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. IV. 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. V. 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. Page 2 of 15 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. 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. VII. INDEPENDENT CONTRACTOR The Contractor is an independent contractor. Notwithstanding any other provision of this Construction Contract, all personnel assigned by Contractor to perform Work under the terms of this Construction Contract shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. Page 3 of 15 FIRESTONE VIII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Construction Contract. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims -made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by the Contractor. The Contractor shall be solely responsible for any deductible losses under any policy. C. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Construction Contract. IX. INDEMNIFICATION 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 15 FIRESTONE X. WORKER WITHOUT AUTHORIZATION 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 a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, 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. The Contractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform Work under this Construction Contract, or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, to perform Work under this Construction Contract. C. Verification. 1. If the Contractor has employees, the 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 the Contractor obtains actual knowledge that a subcontractor performing Work under this Construction Contract knowingly employs or contracts with a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, 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 a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, 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 3 hereof, the subcontractor does not stop employing or contracting with the worker without authorization 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 a worker without authorization, as that term is defined in C.R.S. § 8-17.5-101(9), as amended, who is performing Work under this Construction Contract. Page 5 of 15 FIRESTONE C () ). () It A U () to Comp� with Investigations. The contractor shall comply with any reasonable reque by the Colorado Department of Labor and Employment made in the course of an investigatio I conducted pursuant to CRS. § 8-17.5-102(5)(a) to ensure that the Contractor is complying with th terms of this Section X1. 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 Quacations 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" bearing the title: Phase 3 - Protect #2 Historic Waterline Replacement H. "Drawings" consisting of 27 Sheets, dated, 01/13/2025, and titled: Town of Firestone Colorado RETTI, 77 77 14 for Addendum acknowiedgments MTV 11 M M7-c- J. The following which maybe 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 Docume nts. I There are no Contract Documents other than those listed above in this Section X11. X11. CHANGE ORDERS A. A Change Order is a written instrument issued after execution of the Agreement Signed by Town and Contractor, stating their Agreement, as applicable, upon all of the following: 1. The scope of the change in the Work; 2. The amount of the adjustment to the Contract Price-, and 3. The extent of the adjustment to the Contract Times(s). Page 6 of 15 FIRESTONE 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.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severabili . 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. 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 7 of 15 FIRESTONE C U L O It A U q H - 0 zalez, Town Clerk own Attorney a �# �$# IMS )sS. COUNTY OF \AJ Ejj� ro By: V. #1 The foregoing instrument was subscribed, sworn to and acknowledged before me this —11-"day of Ava- , k't- 2025 by JCL pAv as \ItCe of My commission expires: (S E A L) LISA WARD NOTARY PUBLIC STATE OF COLORADO L NOTARY ID 20214039780 OCTMy COMMISSION EXPIRES CT 7, 2025 Notary Public Page 8 of 15 FIRESTONE C 0 L O. R A D 0 Exhibit A SCOPE OF WORK The base bid utility work is comprised of traditional 'open cut" methodology to install roughly 2100 LF of 8" C900 PVC DR18 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 restoration 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 area shown on the contract drawings including 3rd Street between Berwick and Granville 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 2025 • Project Manual Dated: January 2025 i Town of Firestone Construction Standards for Public Improvements 2022 Edition Contractor shall meet or exceed all requirements outlined within the documents listed above. Page 9 of 15 FIRESTONE Project #2 Phase 3 Historic Firestone Waterline Replacement Base Bid #1— Berwick Avenue Waterline Installation and Surface Improvements Item Description Quantity Unit of Measurement Unit Price Extended Cost Mobilization 1 LS $55,000.00 $55,000.00 Traffic Control 1 LS $35,000.00 35#000.00 Erosion Control Management 1 LS $20,000.00 $20,POOO.00 8-inch Waterline Installation 2100 LF $109.75 $230,p475.00 Service Line Replacement 42 EA $2,800.00 $117, 600.00 Meter Pit Replacement 42 EA $925.00 $38,850. 0 Asphalt Milling (2") 10000 SY $3.75 $3 J7,500.00 Excavation 2800 CY $18.75 $525100.00 Concrete Sidewalk Removal 600 LF $12.50 $7500.00 Concrete Ramp Removal 42 SY $26.00 $1,092.010 Concrete Cross Pan Removal 50 SY (� $15.00 $750.00 Re -conditioning 10000 SY 3.80 3 8..000.00 Subgrade Stabilization 500 5Y $82.25 (� .4�., 125r00 Aggregate Base Course 4000 TON $30.00 $1210,000.00 Concrete Sidewalk Placement 600 LF $75.00 $45,000.00 ADA Ramp Placement 42 SY $535.00 $22,470.00 Concrete Cross Pan Placement 110 SY $160.00 17,600.00 Asphalt Patching S-75 64-22 300 SY HMA Grading S-75 64-22 (Bottom Lift) 10000 SY $22.25 $2221.500.00 Page 10 of 15 FIRESTONE C 0 L 0 It A D 0 It ��l �!-�1:M _ °,,IM�# i UNIT�PRICE BID FORM- j r'' r d betweeni Granville Avenue Street Surface Improvements Page 11 of 15 A FIRESTONE EXHIBIT B MINIMUM QUALIFICATIONS CERTIFICATION FORM Protect Name: Bid Number: Project #2 Phase 3 Historic Firestone Waterline Replacement W2024-9561 CONTRACTOR SHALL CONFIRM: YES I 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 ❑ capacities. Contractor certifies 20% of the Work will be self -performed by I [] I ❑ Contractor. Page 12 of 15 FIRESTONE l 4) 1. 0 It A U l) EXHIBIT C Subcontractor Listing Proiect Name: Bid Number: Project #2 Phase 3 Historic Firestone Waterline Replacement W2024-9561 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. VMMIMM91999A Ct t1, t , I AIA� Signed by: PC 4 4ol - PMT# (N me) (Title) Page 13 of 15 SEEM I 'MMT . Waterline • Asphalt Paving/milling — MM, Date:— �z , FIRESTONE COLORADO Company Name: Mailing Address, 9193 -0 60 )Ql" r(Alrs Avc Telephone —,© 9U 01 2 t Email: Aer~ f, e?,CkcauA LL , C 6,44 V The bidder hereby acknowledges receipt of Addendum Nos. �5-1 to these specifications. (Insert »°,© of each addendum received,) Name and Title of Authorized Company kepresentative: �"I &Fk Page 14of 15 FIRESTONE C 0 L 0 R A 0 0 Dated this day of _� t 2 Page 15 of 15 FIRESTONE