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HomeMy WebLinkAbout22-67 American Ramp Company Design & Construction Mountain Shadows 05-25-2022RESOLUTION NO. 22-67 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A DESIGN AND CONSTRUCTION CONTRACT BETWEEN THE TOWN OF FIRESTONE AND AMERICAN RAMP COMPANY FOR THE DESIGN AND CONSTRUCTION OF MOUNTAIN SHADOWS PUMP TRACK AND BIKE PARK WHEREAS, the Town of Firestone ("Town") is in need of a Contractor to design and constrict the Mountain Shadows Pump Track and Bike Park; and WHEREAS, the Towu issued an invitation for bids for the work and American Ramp Company was the only respondent; and WHEREAS, ui addition to staff deternunuig that American Ramp Company has the expertise and experience to perform the work, American Ramp Company is an approved Sourcewell contractor which is a national organization which provides public entities including agencies of the State of Colorado with competitively approved contractors. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Design and Constriction Contract beriveen the Town of Firestone and American Ramp Company for the Design and Constriction of Mountain Shadows Pump Track and Bike Park 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. IM INTRODUCED, READ J�ssjha Koenig, CM William d �`TOWN•'�� m kSJA ° o o f�T °'` • d o Clerk tlusay of , 2022. COLORADO Drew Alan Peterson, Mayor DESIGN AND CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into this 12th day of May, 2022 (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 American Ramp Company, an independent contractor with a principal place of business at 601 S. McKinley Ave. Joplin, MO 64801 ("Contractor") (each a "Party" and collectively the "Parties"). 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: I. 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: Design and Construction of Mountain Shadows Park Pump Track & Bike Park P2022.9332 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. II. DESIGN PROFESSIONAL This Project will be designed by: American Ramp Company, who is hereinafter called DESIGN PROFESSIONAL and who is to act as FIRESTONE's representative, assume all duties and responsibilities and have the rights and authority assigned to DESIGN PROFESSIONAL in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents, Page 1 of 14 FIMUM III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WVRK A. The Work shall be substantially completed within 365 days of the Effective Date of this contract, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. Be Either Party may terminate this Agreement upon 30 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, 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, the parties recognize the delays, expense 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 I I I 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 Inconsideration 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 $320,00.00 (the "Contract Price"). The Contract Price shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. V. PAYMENT PRt?CEDURES Contractor may submit Applications for Payment for completed work per the UNIT -PRICE FORM. Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. 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. Be 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 Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the Keep Jobs in Colorado Act, G.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"). Page 2 of 14 FNRLSTONE 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. 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. 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 noway limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. Vl1. OWNERSHIP Any materials, items, and work specified in the Scope of Work, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. 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," 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 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. 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. Page 3 of 1 a FIRESTONE 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 Contractor. 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 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 fault of 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. XI. WORKERS 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 Page 4 of 14 r IRk 19ft 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. Contractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in C.R.S. § 8-17.5A01(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 Contractor has employees, 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 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. D. Duty to Comply with lnvesti ations. 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 Contractor is complying with the terms of this Section A. E. Affidavits, If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who Page 5 of 14 FIRESTONE perform work under the Construction Contract via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. XII, CQNTRACT 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: Design Professional Services Scope of Work. 2. Exhibit B: Construction Services Scope of Work. B. Performance Bond and Labor &Material Payment Bond. C. "Drawings" consisting of Final As-Builts of Mountain Shadows Park Pump Track & Bike Park once construction is completed. D. Addendum numbers: 1. Addendum #1: 2. Addendum #2: E. The following which may be delivered or issued after the Effective Date of the Construction Contract and are attached hereto: All written amendments and other documents amending, modifying, or supplementing of the Contract Documents. There are no Contract Documents other than those listed above in this Section XII. 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, Page 6 of 14 FIRESTONE 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. Subject'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 14 IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. APPROVE William P. Hayashi, Town Attorney STATE OF COLORADO ) ss. COUNTY OF ) TOWN FIREST E, COLORADO Drew Peterson, Mayor The foregoing instrument was subscribed, sworn to and acknowledged before me this � day of riR My commission expires: (SEAL) Notary Public Of Page 8 of 14 FIRESTONE NU EMPLOYEE AFFIDAVIT To be completed only if Contractor has no employees 1. Check and complete one: ❑ I, , am a sole proprietor doing business as I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. I, am the sole owner/member/shareholder of a (specify type of entity — i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. ❑ I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: ■ A valid Colorado driver's license or a Colorado identification card; A United States military card or a military dependent's identification card; ■ A United States Coast Guard Merchant Mariner card; ■ A Native American tribal document; ■ In the case of a resident of another state, the driver's license or state -issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or Any other documents or combination of documents listed in the Town's "Acceptable Documents for Lawful Presence Verification" chart that prove both Contractor's cifizenshipllawful presence and identity. OR ❑ I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement program, and provide such verification fo the Town. Signature Date Page 9 of 14 �«ESTOHE 11 • 1 ■ • ■ , ■ 1 To be completed only if Contractor participates in the Department of Labor Lawfut Presence Verification Program as a public contractor under contract with the Town of Firestone (the "Town"), hereby affirm thate 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. Signature STATE OF COLORADO ) ss. COUNTY OF The foregoing instrument was subscribed, sworn to and acknowledged before me this ®day of 2020, by as of My commission expires: (SEAL) Notary Public page 10 of 14 FIRESTONE EXHIBIT A DESIGN PROFESSIONAL SERVICES SCOPE OF WORK Design Professional Duties During the term of this Construction Contract, Contractor shall perform the following duties, as directed by the Town: TASK 1.0-DESIGN DEVELOPMENT 1.1 Design Kickoff Meeting (WEBINAR) • Meeting with City staff to review/discuss design development, project budget, schedule, etc. 1.2 Site Review • Virtually review location of bike park/pump track for opportunities and constraints. • Discuss potential locations for entry, spectator viewing, and drainage flow. 1.3 Create Conceptual Design and Review (WEBINAR) • ARC team to present conceptual design to city staff. • Review/discussion of design development, project budget, schedule, etc. 1.4 Design Revisions • Revise concept design based on initial feedback from city staff (up to 2-revisions included). • Verify the design is responsive to the site and budget. 1.5 Final Design/Deliverables Review (WEBINAR) • ARC team to present final concept design to city staff. • Provide cost estimate for construction of approved bike park/pump track design. • Provide breakdown of material types and quantities to construct bike park/pump track. Design- Professional's Deliverables. In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: Page 11 of 14 FIRESTONE • 2D overheadl3D rendering • Final design, including large poster size print • Phasing plan as appropriate • Project cast es.klmate Page 12 of 14 FIRESTONE EXHIBIT B CONSTRUCTION SERVICES SCOPE OF WORK Contractor's Duties During the term of this Construction Contract, Contractor shall perform the following duties, as directed by the Towne TASK 2.0-CONSTRUCTION PHASE 2.1 INCLUDES'': • All labor, supplies, tools, materials, and equipment required per scope of work • Fabrication and installation of all Bike Park elements • All materials/labor required to construct rideable bike park components per design • Earthmoving techniques/compaction of pump track • Pour and Finish of Asphalt 2.2 EXCLUDES*: • Fencing of any kind • Site testing and inspections: standard proctorldensity testing, onsite concrete cylinders, engineering, surveying, or testing services. • Utility, mechanical, electrical, plumbing work, relocation or repairs of any kind. • Any landscaping • Toxic or hazardous material handling or removal. • Dewatering, silt fence, soil stabilization, erosion control, street cleaning, and traffic control. • Any work not specifically indicated above. 2.3 CUSTOMER PROVIDES*: • Sufficient water and electrical power within 100 feet of work areas. • Unobstructed, safe, and continuous access to work area with heavy equipment. All weather roads for heavy equipment. Page 13 of 14 FIRESTONE • All necessary site information including topography, site surveying, and elevations. Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by the Town: • Fully constructed asphalt pump trash and bike park. • Final As-Builts of asphalt pump trash and bike park, Page'14 of 1� FIRESTONE