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HomeMy WebLinkAbout2024-25 A Resolution Approving the First Amendment to Construction Contract with ViaOne Services, and Waiving the 80% Colorado Labor RequirementRESOLUTION NO. 25 S 2024 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING THE FIRST AMENDMENT TO CONSTRUCTION CONTRACT WITH VIAONE SERVICES, AND WAIVING THE 80% COLORADO LABOR REQUIREMENT WHEREAS, the Keep Jobs in Colorado Act (the "Act") was enacted into law in 2013 and codified in C.R.S. Article 17 of Title 8; WHEREAS, pursuant to C.R.S. § 8-17-101(1), when a local government finances a public works project, at least 80% of the work on the project must be performed by Colorado labor; WHEREAS, on July 26, 2023, the Town executed a Construction Contract with ViaOne Services for the Town's Fiber Loop Project, which included a requirement of compliance with the Act; WHEREAS, pursuant to C.R.S. § 8-17-101(1), if "reasonable evidence" exists that there is insufficient Colorado labor available to perform the work and the labor requirement would create an undue burden that substantially prevents the project from being completed, the Town may waive the 80% requirement; WHEREAS, the Town Council finds that waiving the 80% Colorado labor requirement for the Construction Contract with ViaOne Services is in the best interests of the Town, that there is reasonable evidence to support this waiver, and that without this waiver, the Colorado labor requirement would create an undue burden that would substantially prevent this project from being completed; and WHEREAS, the Town Council finds it in the best interest of the public health, safety and welfare to approve the attached First Amendment to Construction Contract. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The Town Council hereby waives the 80% Colorado labor requirement for the Construction Contract with ViaOne Services. Section 2. The Town Council hereby approves the First Amendment to the Construction Contract with ViaOne Services in substantially the form attached hereto, subject to final approval by the Town Attorney. Upon such approval, the Town Manager is authorized to execute the Construction Contract on behalf of the Town. ______________________________ Travis Coggin, Mayor ATTEST: ____________________________ Stephanie Kauffman, Town Clerk INTRODUCED, READ, APPROVED AND ADOPTED THIS 21st DAY of May. 2024. 5/17/2024 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAIL_GOV/DOCUMENTS/COUNCIL/VIAONE AGREEMENT 1ST AMENDMENT.DOCX FIRST AMENDMENT TO CONSTRUCTION CONTRACT THIS FIRST AMENDMENT TO CONSTRUCTION CONTRACT (the "First Amendment") is made and entered into this 21st day of May, 2024 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 80657 (the "Town"), and ViaOne Services, an independent contractor with a principal place of business at 2711 LBJ Freeway, Suite #1065, Dallas, TX 75234 ("Contractor") (each a "Party" and collectively the "Parties"). WHEREAS, the Parties entered into a Construction Contract on July 26, 2023; and WHEREAS, the Parties wish to amend the Construction Contract. For the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Section III of the Construction Contract is hereby amended to read as follows: For completion of the Scope of Work in compliance with this Contract, the Town shall pay Contractor an amount not to exceed $770,000 (the "Contract Price"), subject to the requirements of C.R.S. § 38-26-107. The Town shall pay Contractor $200,000 initially, and thereafter shall pay invoices for work completed in compliance with this Agreement, up to the Contract Price, subject to C.R.S. § 38- 26-107. 2. Section IX of the Construction Contract is hereby amended to read as follows: Pursuant to 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"), the Town finds that there exists "reasonable evidence" that there is insufficient Colorado labor available to perform the Scope of Work and the labor requirement would create an undue burden that substantially prevents the Scope of Work from being completed. Therefore, the Town agrees to waive the 80% Colorado labor requirement. 3. Exhibit A Scope of Work of the Construction Contract is hereby amended and replaced with Exhibit A-1, attached hereto and incorporated herein by this reference. 4. Except as amended herein, all other terms and conditions of the Construction Contract shall remain in full force and effect as written. 2 5/17/2024 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAIL_GOV/DOCUMENTS/COUNCIL/VIAONE AGREEMENT 1ST AMENDMENT.DOCX IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Russell Forrest, Town Manager ATTEST: __________________________________ Stephanie Kauffman, Town Clerk CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2024, by _______________________ as _________________ of ViaOne Services. My commission expires: (S E A L) ________________________________ Notary Public 3 5/17/2024 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAIL_GOV/DOCUMENTS/COUNCIL/VIAONE AGREEMENT 1ST AMENDMENT.DOCX EXHIBIT A-1 SCOPE OF WORK Contractor shall complete the following: (1) the Town Fiber Loop Project conduit installation, including approximately 23,600 feet of conduit via directional bore and/or vibratory plow; (2) 24 handholes; (3) installation of approximately 32,000 feet of fiber optic cables either in blown into new conduit or pulled through existing conduits; and (4) 312 fusion splices at nine locations. The conduit shall include: (1) FuturePath 7 Cell HDPE installed via directional boring, and (2) Microduct HDPE installed via vibratory plow per the drawings and specifications included with the Contract. The approach and pricing details that were provided by Contractor to the Town have been included in this Exhibit A. The unit pricing included in this Exhibit A will be used to determine final costs. Construction specifications and the proposed map for fiber locations have also been included in this Exhibit A. This will ensure clear expectations for the Parties. I. Instructions to Contractor A. Initial Project Meeting Contractor and the Town's Informational Technology ("IT") Department shall meet to coordinate and schedule the Scope of Work. Contractor shall complete all work in accordance with the approved schedule. B. Authorization to Proceed work shall not commence until a written notice to proceed is received by Contractor and the work shall be completed in the time specified. C. Routine Billing and Reporting Contractor shall provide to the Town the following on a regular basis: 1. Monthly billing formats, acceptable to the Town, for all Contract activities. 2. Monthly Contract status update. 3. Supporting documentation for all direct costs. 4. A retainer in the amount of 5% of the work billed and completed each month shall be withheld until the project is completed in full. D. Status of the Contract Contractor shall monitor the fiscal status of the Contract and advise the Town's IT Director of any potential for supplementing the Contract or negotiating an additional task order. Failure to monitor the status of the Contract and provide timely notification to the Town may result in termination of the Contract. E. Project Standards Contractor's proposed work procedures shall be coordinated with the Town's IT Department prior to the start of work. 4 5/17/2024 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAIL_GOV/DOCUMENTS/COUNCIL/VIAONE AGREEMENT 1ST AMENDMENT.DOCX F. Labor, Materials, Vehicles and Equipment Contractor shall furnish all personnel, equipment and transportation required to perform the work. Contractor personnel shall have appropriate vehicles, cell phones, computers, scanner/color printers, digital cameras, calculators, manuals, office supplies and personal protective equipment ("PPE") required for performing the work. G. Progress meetings with Town staff as needed. II. Completion Date A. All work on the project must be substantially completed (pipe and fiber installed) on or before November 15, 2024, and fully completed by Contractor no later than December 1, 2024. B. Liquidated damages shall not be assessed on this project. III. Contractor-Furnished Material Contractor shall furnish all of the materials required to complete the Scope of Work. The Parties shall refer to the attached material list for specific material information. IV. Permitting A. All permits required to complete the Scope of Work, with the exception of traffic control, shall be completed by Contractor. B. Contractor shall follow all requirements as required by the permits needed to successfully complete the Scope of Work. C. Contractor shall be responsible for following all Miss-Dig/Call 811 procedures. V. Traffic Control Contractor shall be responsible for all traffic control, road, lane and shoulder closures required to complete the project, including flaggers. All required traffic control signage shall be utilized and shall be in accordance with the latest edition of the Colorado Manual of Uniform Traffic Control Devices. All traffic control along State controlled highways shall meet Colorado Department of Transportation ("CDOT") standards, regulations and requirements. VI. Directional Boring A. All conduits for directional boring or vibratory plowing shall be either HDPE FuturePath or HDPE Microduct. All conduits shall be supplied by Contractor. B. Contractor shall refer to the following reference standards and guidelines: 5 5/17/2024 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAIL_GOV/DOCUMENTS/COUNCIL/VIAONE AGREEMENT 1ST AMENDMENT.DOCX 1. CDOT STANDARD. Overview and Introduction of Trenchless Installation within CDOT Right-of-Way. 2. CDOT STANDARD. Special Conditions for Horizontal Directional Drilling ("HDD"). 3. HDD Good Practices Guidelines. C. Contractor shall place silt fences between all drilling operations and any drainage wetlands, waterways, or other areas designated for such protection by the Contract, State, Federal, and local regulations. Contractor shall adhere to all applicable environmental regulations. D. Contractor shall set all equipment in upland areas and maintain a ten-foot clearance from the conduit to the bottom of all wetlands, streams, rivers and creeks. E. All conduits installed via directional boring shall be installed to a minimum depth of 36 inches measured from the top of the pipe in most areas. When the boring is conducted adjacent to or under the frontage roads, the minimum depth shall be 48 inches when outside of the frontage road asphalt and 60 inches when under the frontage roads. All conduits installed via vibratory plows shall be installed to a minimum depth of 18 inches measured from the top of the pipe. F. The directional drilling equipment shall consist of: (1) a directional drilling rig of sufficient capacity to perform the bore and pullback of the pipe; (2) a drilling fluid mixing and delivery system of sufficient capacity to successfully complete the crossing; (3) a guidance system to accurately guide boring operations; and (4) trained and competent personnel to operate the system. G. The directional drilling machine shall consist of a hydraulically powered system to rotate, push and pull a hollow drill pipe into the ground at a variable angle while delivering a pressurized fluid mixture to a guideable drill (bore) head. The machine shall be anchored to the ground to withstand the pulling, pushing, and rotating pressure required to complete the crossing. The hydraulic power system will be self-contained with sufficient pressure and volume to power drilling operations. The hydraulic system shall be free of leaks. The drilling rig shall have a system to monitor and record maximum pull- back pressure during pull-back operations. H. The drill head shall be adequately steerable by changing its rotation and shall provide necessary cutting surfaces and drilling fluid jets. I. The drill pipe shall be constructed of high quality 4130 seamless tubing, grade D or better, with threaded box and pins. Tool joints shall be hardened to 32-36 RC. The drill pipe shall meet the bend radii required for the proposed installation. J. A self-contained closed drilling fluid mixing system shall be of sufficient size to mix and deliver drilling fluid composed of bentonite clay, potable water and appropriate 6 5/17/2024 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAIL_GOV/DOCUMENTS/COUNCIL/VIAONE AGREEMENT 1ST AMENDMENT.DOCX additives. The mixing system shall be able to molecularly shear individual bentonite particles from the dry powder to avoid clumping and ensure thorough mixing. The drilling fluid reservoir tank shall be sized for adequate storage of the mud. The mixing system shall continually agitate the drilling fluid during drilling operations. K. Drilling fluids shall be composed of clean water and an appropriate additive. Water shall be from a clean source with a pH of 8.5-10 and as per mixing requirements from the manufacturer. Water of lower pH or with excessive calcium shall be treated with the appropriate amount of sodium carbonate or an equivalent compound. The water and additives shall be mixed thoroughly and be absent of any clumps or clods. No hazardous additives shall be used. Drilling fluid shall be maintained at a viscosity sufficient to suspend cuttings and maintain the integrity of the bore wall. Contractor shall be responsible for supplying all water required for the drilling operation. L. Determination of appropriate drilling fluid shall take into account hole diameters, depth, groundwater elevation, soil density, cohesion, and head losses between measurement point (drilling rig) and injection point (drill head). M. The drilling fluid pumping system shall have a minimum capacity to supply drilling fluid in accordance with the drilling equipment pull back rating at a constant required pressure. The delivery system shall have filters in-line to prevent solids from being pumped into the drill pipe. Corrections between the pump and drill pipe will be relatively leak free. Used drilling fluid and drilling fluid spilled during drilling operations shall be contained and vacuumed up immediately following each drilling operation. N. Following drilling operations, Contractor shall demobilize equipment and restore the work area, as noted on the drawings, to original conditions or to satisfy requirements of permits, whichever has stricter standards. All excavations shall be fully backfilled and compacted to existing grade. Where drilling fluid is not allowed to be disposed of on the project site, it shall be removed by a vacuum truck and disposed of by Contractor. If the drawings or permits do not clearly specify where drilling fluid is to be disposed of, Contractor shall remove it per the methods noted herein. O. Contractor shall clean out all conduits/pipe following complete installation of each conduit/pipe section between equipment, handholes, or box pads with an appropriately sized brush and Contractor shall install a pull tape. Contractor shall secure the pull tape at each conduit/pipe end to insure it does not fall back into the pipe. Contractor shall also cap all conduits/pipes stubbed above grade to keep water and debris from entering the conduit/pipe. P. Contractor shall make sure tracer wire is included in the HDPE FuturePath or HDPE Microduct. Contractor shall install separate tracer wire alongside the Microduct conduit. Q. All pipe connections shall be fused where tension is placed on the pipe. Mechanical or glued couplings shall be permitted for connections of sweeps/elbows at equipment locations. Mechanical couplings shall be rated for use on HDPE pipe. Glued 7 5/17/2024 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAIL_GOV/DOCUMENTS/COUNCIL/VIAONE AGREEMENT 1ST AMENDMENT.DOCX couplings shall use adhesive strictly listed for use on HDPE pipe and shall create a fully watertight seal. R. Contractor shall provide an as-built log or drawing of the pipe installation, including horizontal position to fixed reference points such as center of roadway, distance off ROW line, and depth below grade, water, bottom of stream, river and lake. Horizontal and vertical positions shall be noted a minimum of every 20 feet along the route. VII. Site Restoration and Damage Repair A. Contractor shall restore all disturbed areas to its original conditions. This includes topsoil, seeding and mulch in lawn areas, and patching of paved areas with in- kind materials. B. Contractor shall be responsible for repair costs related to all utilities damages as a result of the directional boring process. C. Contractor shall be responsible for repairing all irrigation lines, buried fence wires, and similar "non-locatable" items damaged as a result of the directional boring process. Contractor shall be compensated for each repair at the rate listed in the bid unit list. D. Contractor shall be responsible for all charges related to obtaining water from the Town's water system, including meter and usage charges. VIII. Safety Rules Contractor shall have a written safety program in place to adequately protect their employees from workplace hazards. Written documentation of the safety program and employee trainings shall be made available to the Town upon request. Contractor is ultimately responsible for the safety of all Contractor employees while completing the Scope of Work. IX. Leaving the Project for Extended Time Periods A. Following commencement on the project, Contractor shall not abandon the project for an extended length of time, unless the Town provides written permission. The Town shall review the project schedule to verify that Contractor has provided sufficient crews and equipment to keep the project on schedule prior to granting permission to leave for an extended period of time. It is the Town's intent to ensure Contractor is progressing throughout the duration of the project. B. If Contractor abandons the project for more than 5 working days, Contractor shall leave the project in a safe and reliable state. This includes without limitation: 1. All excavations shall be backfilled and compacted to grade. 8 5/17/2024 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/TJJOHNSON_VAIL_GOV/DOCUMENTS/COUNCIL/VIAONE AGREEMENT 1ST AMENDMENT.DOCX 2. All pavement removals shall be backfilled and temporarily patched with gravel, "cold-patch" or concrete in compliance with CDOT standards. 3. All equipment box pads shall be covered and all material shall be moved to a secure area. 4. All Contractor owned vehicles and equipment shall be removed from the project site and move to an area approved by the Town. C. If Contractor leaves the project and does not comply with Section IX(B), then the Town shall retain the right to complete those items and charge Contractor for all labor, equipment time and material utilized. This includes payment to outside contractors to complete the required work. Fiber Loop Unit List UNIT ITEM DESCRIPTION UNIT BID QUANTITY LABOR & MATERIAL EXTENDED TOTAL Directional Bore FuturePath Conduit Linear Feet 19,172 Vibratory Plow Microduct + Tracer Wire Linear Feet 4,428 Fiber Blow-In Installation Incrementals 23,600 1" EMT Conduit Installation on Rooftop Linear Feet 720 Fiber Pull-Through- Existing Incrementals 5,495 Handhole Installation Each 24 Fiber Fusion Splice Each 312 TOTAL CONTRACTOR BASE BID PRICE: 1. Note: Allowance for repair of irrigation lines, buried pet fences and similar "non- locatable" items shall be utilized for payment of each repair required at the stated cost. 2. All quantities are estimates and shall be paid for based on final field measurements.