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HomeMy WebLinkAbout24-57 Construction Contract Maguire Iron, Inc. Water Tower Installation of Safety Improvements 05-15-2024RESOLUTION NO.24-57 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A CONSTRUCTION CONTRACT BETWEEN THE TOWN OF FIRESTONE AND MAGUIRE IRON INC FOR THE INSTALLATION OF SAFETY IMPROVEMENTS AT THE TOWN OF FIRESTONES WATER TOWER WHEREAS, the Town of Firestone's Public Works Department ("PWD") has determined that to ensure the safety of staff accessing the Town's 1.5MG Water Tower, it is necessary to install a roof handrail addition to encompass the two roof access hatches and install a cable style safety climb to the four sections of the ladder on the exterior of the Water Tower; and WHEREAS, the PWD requested quotes from various vendors and determined that Maguire Iron Inc, was the most qualified vendor. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Construction Contract between the Town of Firestone ("Town") and Maguire Iron, Inc. for the installation of safety improvements on the Town's Water Tower 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 15'h day of May, 2024. TOWN OF FIY&5TOIX, COLORADO on Cony c Jr, yor, A T iflaZilruirTl5onzalez, Interim Town Clerk F�RESr .� O _ U•Tivoli-�/ OR CONSTRUCTION CONTRACT THIS CONSJRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into this day of , 2024 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal cor ration with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town" or the "Owner"), and MAGUIRE IRON, INC., a South Dakota Corporation, an independent contractor with a principal place of business at 1610 North Minnesota Ave, Sioux Falls, South Dakota, 57104 ("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, in 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: Water Tower Improvement Project. 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. II. RESERVE III. CONTRACT TIMES; COMMENCEMENT AND COMPLETION OF WORK A. The Work shall be substantially completed within 365 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 of the project once started constitute a compensable inconvenience to the Town and its residents, the liquidated damages established in this Section shall be enforced. Page 1 of 7 FIRESTONE 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. 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 $44,000.00 (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 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. 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. 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, CRS 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 Page 2 of 7 FIRESTONE 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. 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 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. VIII. 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. The 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. 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. Page 3 of 7 FIRESTONE 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 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. XI. 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 Services. 2. Exhibit B: Proposal. There are no Contract Documents other than those listed above in this Section XII. XII. 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 4 of 7 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 weting,and shall be deemed sufficient when personally presented or sent pre -paid, first class US 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, CRS § 24-10-101, etseq., 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 5 of 7 FIRESTONE ATTE T: Mi ' una Gonzalez, Town Clerk l ,:l, 7 1 / V JIM STATE OF COLORADO ) ss. COUNTY OF �IiII�1��C Maguire Iron, Inc. By:cm`e. The foregoing instrument was subscribed, sworn to and acknowledged before me this _ day of 2024 by as of My commission expires: (SEAL) Notary Public Page 6 of 7 FIRESTONE C 0 L 0 N A D O 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: • Contractor shall install a roof handrail addition to encompass the 2 (two) roof access hatches. o New handrail will be installed from the access point from the roof ladder to beyond the second access hatch (30 LF) and then back up to the center of the tank (15 LF). • Contractor shall perform touch-up painting on the exterior of the tank where coatings are burning from the new railing installed and paint the new railing with the best match of the current exterior color. • Contractor shall install a cable style safety climb to each of the 4 (four) sections of the ladder on the tank exterior. Page 7 of 7 FIRESTONE North Minnesota Ave m Falls, So 57104 'hone: (605) 334-9749 Fax (605) 334-9752 infoQmaguinewater.com Terms: Net 30 days from acceptance and invoicing, plus applicable sales, use, excise, transfer or similar taxes required by law. A service charge of 1'/2% per month (annual rate of 18%) will be charged on past due accounts. During any exterior painting, Owner shall assist in removing any vehicles in the area which might receive paint damage. Contractor will exercise reasonable care and caution to avoid, but will accept no liability for damage to antenna, communication, telemetry and/or electrical system(s) which may be attached to the structure. Removal, repair and/or replacement of the antenna, communication, telemetry and/or electrical system(s) shall be the responsibility of the Owner. Contractor may apply a temporary surcharge to amounts otherwise payable under this Agreement to reflect significant cost increases for materials, supplies, and/or fuel during high inflationary periods. Owner and the authorized agents signing this contract as such agents do hereby expressly warrant that Owner has authority to make and enter into this contract and that it becomes a party hereto pursuant to a lawful resolution duly and regularly adopted by the governing board of said Owner pursuant to the applicable statutes of this State. Customer shall reimburse Company for all travel, meal and entertainment expenses incurred by Company and its employees in connection with Company's performance under the contract. To the extent that any meal or entertainment expenses incurred by Company or its employees are subject to the limitation on deductibility under IRC Section 274(n) (1) and the Regulations thereunder, Customer shall be subject to the limitation and shall reduce its deduction accordingly. This is included in the contract amount. The owner will be responsible to the Company for the cost (at current market rates) of any work that has been performed prior to termination. HAZARDOUS MATERIAL DISCLAIMER: In the event that hazardous materials are on the water tank and this L _ rmation is not addressed in the specification or made known to Maguire Iron, Inc. prior to the price or bid being supplied by Maguire Iron, Inc., any additional means of hazardous material abatement or disposal costs will be bom upon the Owner. This constitutes the entire contract. No verbal agreements or additions will be honored. Any amendments or additions hereto must be in writing and executed by the duly authorized agents and officers of the parties hereto. IN WITNESS WHEREOF, we have set our hands and seals the day and year above written. By: (Name) (Title) Date Accepted: Y" tAti , C�om Upon acceptance, please pi4ld& two (2) signattires and date the agreement. MAGUIRE IRON, INC. Chuck Ciaber 12/14/2023 By: (Authorized Agent) (Date) 0 North Minnesota Ave oux Falls, So 57104 Phone: (605) 334-9749 Fax: (605) 334-9752 infoQmaguirewater corn CONTRACT FOR SERVICES This contract made and entered into this 14 day of December, 2023 , by and between Firestone. CO - Town of hereinafter called the "Owner' or "Customer" and Maguire Iron, Inc., a South Dakota Corporation with its principal office located in Sioux Falls, South Dakota, hereinafter called the "Contractor" or "Company" for and in consideration of the mutual covenants and promises hereinafter contained. Firestone CO Safety Climb & Roof Railing - 1500MG Standpipe WITNESSETH: Contractor agrees to make the following repairs and improvements on the Owners water supply tank, and to furnish the necessary equipment, labor, material, as well as Workmen's Compensation Insurance and Contractors Liability Insurance, and to do the work hereinafter stated in a good and workmanlike manner. Safety Climb • Contractor will provide and install new exterior galvanized safety climb system meeting current ANSI and OSHA standards. Install Roof Handrail Addition Contract Notes D • Contractor will install a roof handrail addition to encompass the 2 (two) roof access hatches. • New hand rail will be installed from the access point from the roof ladder to beyond the second access hatch (30 LF) and then back up to the center of the tank (15 LF). • Contractor will perform touch up painting on the exterior of the tank where coatings are burned from the new railing install and paint new railing with best match to current exterior color. • Contractor will install a cable style safety climb to each of the 4 (four) sections of ladder on the tank exterior. Owner will inspect the work as it progresses and upon completion and acceptance by Owner of the above work, the sum of $ 44,000.00 plus applicable sales, excise, and/or use tax shall become due and payable in full.