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HomeMy WebLinkAbout23-35 Asphalt Specialties Company Mill & Overlay Paving 03-22-2023RESOLUTION NO.23-35 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A CONSTRUCTION CONTRACT BETWEEN THE TOWN OF FIRESTONE AND ASPHALT SPECIALTIES COMPANY INC FOR THE MILL AND OVERLAY PAVING PROJECT FOR PORTIONS OF ROADWAYS IN ST VRAIN RANCH, RIDGE CREST AND SAGEBRUSH SUBDIVISIONS AND FOR REMOVAL AND REPLACEMENT PROJECT FOR ROSEWOOD AVENUE AND A PORTION OF BIRCH STREET AND CRACK REPAIR PROJECT FOR STONE RIDGE SUBDIVISION WHEREAS, the Town of Firestone ("Town") is in need of mill and overlay work for portions of roadways in St Vrain Ranch, Ridge Crest and Sagebrush Subdivision; and WHEREAS, the Town of Firestone ("Town") is in need of full removal and replacement of asphalt work on Rosewood Avenue and portions of Birch Street; and WHEREAS, the Town of Firestone ("Town") is in need of crack repair work for portions of roadways in Stone Ridge Subdivision; and WHEREAS, the Town issued an invitation for bids for the work and upon review of those submitted selected Asphalt Specialties Company, Inc as the lowest responsive and responsible bidder. 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 Asphalt Specialties Company, Inc for the mill and overlay paving project for portions of roadways in St Vrain Ranch, Ridge Crest and Sagebrush Subdivision, full removal and replacement of asphalt work on Rosewood Avenue and portions of Birch Street, and crack repair work for portions of roadways in Stone Ridge Subdivision 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 this 22nd day of March, 2023. A T Mir na Gonzalez, Deputy Town APPR Zf&&?AV: William P. Hayashi, Attorney TOWN Q F STONE, COLORADO Frank A. Jimenez, or Pro-Tem SEAL CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the "Construction Contract' or "Agreement') is made and entered into this 22nd day of March, 2023 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town" or the "Owner"), and ASPHALT SPECIALTIES COMPANY, INC, an independent contractor with a principal place of business at 10100 Dallas Street, 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, 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: 2023 Paving Project S2023.9234. 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 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. II. RESERVE Page 1 of 9 FIRESTONE CONTRACT TIMES, COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 60 days of the Effective Date of this contract. 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 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. For each day that all or a portion of the Work is delayed beyond the deadlines set forth in Section III hereof, plus any extensions thereof allowed, the Contractor shall be assessed the amount of two hundred fifty dollars ($250) each day until the Work is complete IV. COMPENSATION In consideration for the completion of the Work by Contractor, the Town shall pay Contractor, subject to all of the terms and conditions of the Contract Documents, an amount not to exceed $760,000.00 (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 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 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. Page 2 of 9 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 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 acknowiedges and agrees that all Work performed under the Scope of Work constitutes a "work made for hire." To the extent, if atall, 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. Contractor shall make no representation that it is a Town employee for any purposes. Page 3 of 9 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. 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. X. INDEMNIFICATION The Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs, and assigns from and against all claims, liability, damages, losses, expenses, and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Construction Contract if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other 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 9 FIRESTONE XI. 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. § B-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 workerwithout 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 9 FIRESTONE O L II N A 11 () D. Duty to Comply with Investigations. The contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that the Contractor is complying with the terms of this Section XII. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire Agreement between the Town and Contractor concerning the Scope of Services, consist of the following: A. Exhibit to this Construction Contract: 1. Exhibit A: Scope of Work. B. The following which maybe delivered or issued after the Effective Date of the Construction Contract a. Performance Bond and Labor & Material Payment Bond. b. Notice of Award. c. Notice to Proceed There are no Contract Documents other than those listed above in this Section XII. XIII. 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: a. The scope of the change in the Work; b. The amount of the adjustment to the Contract Price; and c. 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. XIV. 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. Page 6 of 9 FIRESTONE C. Integration. This Construction Contract and any attached exhibits constitutes the entire Agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third -party beneficiaries to this Construction Contract. E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Construction Contract is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G, Modification, This Construction Contract may only be modified upon written Agreement of the Parties. H. Assignment. Neither this Construction Contract nor any of the rights or obligations of the Parties shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Construction Contract are in addition to any other rights and remedies provided by law. The expiration of this Construction Contract shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for Work negligently or defectively performed. K. Subiect to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. Page 7 of 9 FIRESTONE O n L V R A 0 0 IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. ATTEST: M' am Luna Gonzalez, DeputyTown Clerk All RO "a T William P. Hayashi, TTvVAttorney STATE OF COLORADO ) ss. COUNTY OF Adams TOWN O�.P ` �OLO Frank A. Jimenez, Mayor Pro-Tem ASPHALTSPECIALTIES COMPANY, INC The foregoing instrument was subscribed, sworn to and acknowledged before me this t3►hday of March , 2023 by Daniel W. Hunt as President of Asphalt Specialties Company, Inc. My commission expires: JAN NELSON (S E A L) NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 19994030527 My Commission Expires April 29. 2024 Page 8 of 9 FIRESTONE Jan Nelson SCOPE OF WORK Contractor's Duties During the term of this Construction Contract, the Contractor shall perform the following duties, as directed by the Town: ➢ 4' edge mill and 2" overlay of roads to be edge milled and ovedayed: $376,107.80 ■ Ebony St- from Thistle Ridge Ave. to Echo St. ■ Thistleridge Ave- from Echo St. to Echo St. • Sunburst Ave -from North of Thistle Ridge Ave to South of Femcrest St. • TenderfootAve-from Cr 151449 feet North. • Farmdale St- from Sage Ave. to Shenandoah Ave. ■ Summerset Ave- from Cr 15 to Quigley Cir. • Quigley Cir- from St Wain Ranch Blvd to Foxfire St. ■ Eastview St- from Sandy Ridge Ct. to Sage Ave. ➢ Full R&R of Rosewood Ave: $106,221.00 ➢ Full R&R of Birch St: $120,576.00 ➢ 300 ton of Crack repair 3' wide 3" deep with Geo-mat cracks 2" or larger: $150,206.00 ➢ Minor quanity adjustments: $6,888.20 (must receive prior approval from the Town) Totals are (! as per attar Program Contract Cost Breakdown. • Contractor shall complete work in the order specified by the Town. • Contractor shall complete the above -stated projects. • Contractor shall restripe roadway and intersections where applicable. • Contractor shall reinstall all thermoplastic markings where applicable. • Work to start no later than 411/2023 weather depending. Substantial completion in 60 days from Notice to Proceed and full completion in 90. • Contractor shall provide and maintain all traffic control devices and measures for the project. • Contractor shall provide for all no parking notifications as well as door knockers placed in neighbors in advance of work starting. • All Towns Standards and Specifications to be followed to include the procedures outlined in the Town's Street, Curb, and Gutter Maintenance/Replacement SOP to ensure stormwater compliance including installation and maintenance of stormwater control measures. hops /lwww firestoneco aov/DocumentCenterlView16348/Section- 500--Roadway—Asphalt-Design?bidldContractor shall be responsible for all geotechnical services per Towns Standards and Specifications. Page 9 of 9 FIRESTONE FIRESTONE - 2023 PAVING PROGRAM CONTRACT COST BREAKDOWN Description Quantity Units Unit Price Total 4'£dge Mll1 & 2" Overlay Edge Milling - 2" along the gutter line to zero 4' 7715 SY $ 2.00 $ 15,430.00 Overlay - "5" (3/4" nominal) 2-inch thickness 3587 TONS $ 83.00 $297,721.00 R & R Concrete @ MH's & WV's w/Asphalt 82 TON $ 330.00 $ 27,060.00 Epoxy Pavement Striping where applicabe 0 LF $ - $ - Thermoplastic Pavement Markings where applicable 0 LF $ - $ - Traffic Control 1 LS $ 31,446.80 $ 31,446.80 Stormwater BMP Compliance 1 LS $ 4,450.00 $ 4,450.00 Total 4' Edge Mill & 2" Overlay $376,107.80 R & R Rosewood Avenue Full Depth R&R Rosewood Ave. (Removal of Asphalt) 2322 SY $ 10.00 $ 23,220.00 6" Asphalt Paving 79S TONS $ 83.00 $ 65,985.00 Epoxy Pvmt Marking 4" 368 LF $ 2.00 $ 736.00 Thermoplastic Pavement Markings Arrows 2 EA $ 415.00 $ 830.00 Traffic Control 1 LS $ 15,000.00 $ 15,000.00 Stormwater BMP Compliance 1 LS $ 450.00 $ 450.00 Total R & R Rosewood Avenue $106, 221.00 R & R Birch Street Full -depth R&R Birch Street 2427 SY $ 11.00 $ 26,697.00 6" Asphalt Paving 830 TONS $ 85.50 $ 70,965.00 Epoxy Pvmt Marking 4" 2304 LF $ 1-00 $ 2,304.00 Epoxy Pvmt Marking 8" 190 LF $ 2.00 $ 380.00 Thermoplastic Pavement Marking Arrows 2 EA $ 415.00 $ 830.00 Thermoplastic Pavement Marking ONLY 1 EA $ 500-00 $ 500.00 Traffic Control 1 LS $17,500.00 $ 17,500.00 Stormwater BMP Compliance 1 LS $ 1,400.00 $ 1,400.00 Total R & R Birch Street $120,576.00 Stoneridae Crack Repair Stoneridge Crack repair - mill 3' wide 3" deep w/G 300 TONS $ 87.50 $ 26,250.00 R & R Concrete around Manholes & VB's 50 TON $ 330.00 $ 16,500.00 Asphalt Paving (3/4" nominal) 300 TONS $ 236.50 $ 70,950.00 Thermoplastic Pavement Markings where applicable 6 LF $ 1.00 $ 6.00 Traffic Control 1 LS $ 34,000.00 $ 34,000.00 Stormwater BMP Compliance 1 LS $ 2,500.00 $ 2,500.00 Total Stoneridge Crack Repair $150,206.00 Minor Quantity Adjustments 1 LS $ 6,888.20 $ 6,888,20 TOTAL CONTRACTAMOUNT $759,999.00