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Home My WebLink About23-69 Approving Agreement Alititude Rec for Shade Structure Installation Services 07-12-2023RESOLUTION NO. 23-69 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COL ORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND ALTITUDE RECREATION INC FOR INSTALLATION SERVICES OF SHADE STRUCTURES AT MOUNTAIN SHADOWS PARK WHEREAS, the Town of Firestone ("Town") desires to engage Altitude Recreation Inc. for the purpose of providing installation services for the shade structures at the Mountain Shadows Park ("Project"); and WHEREAS, Town staff obtained quotes for the work from numerous providers and selected Altitute Recreation Inc as the lowest responsible and responsive provider; and WHEREAS, staff thus recommends that Altitude Recreation Inc be selected to perform the required work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Agreement between the Town of Firestone and Altitude Recreation Inc, for installation services for the shade structures at the Mountain Shadows 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 Agreement on behalf of the Town. INTRODUCED, READ AND ADOPTED this 12th day of July, 2023. _VF LORADO Drew Alan Petersen, Mayor ATTEST: Irr-ti K Bash risti K. Bashor, CMC Town Clerk C ,APPROVED AS TO FORM: 111AA01A ZQ6 Williar Attorney CONSTRUCTION CONTRACT THIS •CONTRACT entered into this 12th day • * * OF FIRESTONE, • • .e a. • ore * �r �• o •Colorado : business at 720 Austin Avenue, Suite 203, Colorado 80516 ('Contractor) (exh a 'Party' and collectively the "Parbee). •• fit• ♦ • * i !. * * •. «" • '� +� 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 Coritmolor shall provide the performance bond, labor a material payment bond, and certificate of by • , it. gggggq ,,I 1 1, "1 IFIF 11, 111 1 IMF FM until terminated as provided herein. K Either Party may terminate this Agreement Upon 30 days advance written notice. The ToWh 01 al -11UR 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 deMines, 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 V. EAYgNT,, PROCEDURES A, The Contractor may submit Applications for Payment lot completed Wb* per the UNI 0 IN services in ano nas all req,11 by law. B. The Work performed by Contractor shall be in accordance with generally accepted practices 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 "Rulee). D. The Town's review, approval or acceptance of, or payment for any completed Work shall no J11 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 speciflO in the Contract Documents. The Contractor further warrants that all equipment and materials shall M *f "" AM21N, coftp.,, tvtXe "virawAsif the Cto��d 14cumexts 2*,f will *e free 1ho ilefects. Att 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 Q*&g[ejjQjt,. Mer this wa expiralion which such remedies may be asserted, for Work negligently or defectively performed. Any materials, items, and Mtk 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 oressly ackno es and agre" that all Work Q , 2rformed under thLScope of Work constitutes a "work made for hire.- To the extent, if at all, that it does not constitute a 'work made for hire," atiO, EMPjs to ae I EVIVAMOR"A !#jIfr#]II"# ILI t=1 • nsent from Contractor. The Contractor is an independent contractor. Notwithstanding any other provision of th Construction Contract all personnel assigned by Contractor to perform Work under the terms of thl, v.-,tj renail 12 2 lovees or agents of Contractor for all purpose tutin-141#11211 - ItIN"gamwal L igm A. Contractor agrees to procure and maintain, at its om cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor re and maintain, and shall Gaus4 any subcontractor rayocure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. Z Commercial General Utability insurance with minimum combined tingle limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and 2IMbons, 2iij s�,-,,Al LrJUde coyeLa2e for bo& iniury, broad form groLe!ly damaqe, Lersonal JWJMTJ[JM*JM#JaL#�W "I, foal i F.-I insured endorsement shall contain any exclusion for bodily injury or property damage afting m completed operations. B. Such insuraricia shall be in addition to any otherinsurance *uirernents imposed by law. 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. INDEMNIFICA—TION The Contractor agrees to k*mnffy 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 WIR claim of any employee of Contractor or of any employee of any subcontractor of Contractor. A WORKER WITHOUT AUTHORtZATION X ��cation. By entering into this Construction Contract, Contractor hereby certifies that, that term is defined in C.R.9, § 8-17.5-101(9), as amended, who will perform Work under this Constructi Contract and that Contractor will participate in either the E-Verify Program administered by the U. Department of Homeland Security and Social Security Administration or the Department Progra all employees who are newly hired to perform Work under this Construction Contract. B. PMhiLqA 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 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. RIME19-3m. M W W a 0 9W WORD 0 subcontract if during such 3 days the subcontractor provides information to establish that the -M�C*F&284 *&tWiF M-Vr-O 11�PKWO'a- '-it 1" 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 InMes ioqsThe contractor shall comply with any reasonable request �gpL by the Colorado Department of Labor and Employment made in the course of an investigation conducted turstrat to C. . �, 01:'il: xi i , 4:i KRc4,i'x:�-* The Contract Documents, which compnise the entire Agreement between the Town and Central concerning the Scope of Services, consist of the following: A. Exhibit to this Construction Contract: 1. Exhibit k Quote 103150 for purchase and installation of two shade structures I N I 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 adjustmerrito the Contract Timl R 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. EMMINM�� A. This Construction Contract shall be governed by the lam of the gj'z�* , ilict CAN iiillrUleld Gig 0 1 B. No Waiver. Delays in enforcement or the waiver of any one or more delauh or breaches of it.-fih 40 Ar LA oation CtLegration. This Construction Contract and any attached exhibb constitutes the erl Agreement between the Parties, superseding all prior oral or written communications. I ill iiiiillipillil iii 'ill ill I lin i iiii ill 1� I liggill I i i•� J�l• F. If any provision of this Construction Contract is found by a court of compete jurisdiction to be unlawful or unenfoL�Lable for ang re G, Modification. This Construction Contract may only be modified upon written Agreement of the Parties. � I 1 11 1 1 1111 1 � 11111111 1 P I Ii I � I 1 11 MI J. g�hts 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 litM the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for Work negligently or defectively performed. RIM. # =11 I I IN how"1111#110iQ1011 i debt or liability beyond the current fiscal yearIN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. T• F FIRES E, COLORADO William P. Hayashi, Town Aftomey ALTITUDE RECREATION y STATE OF C LORAI COUNTY OF y commission expires: SEAT. 4Itay it NOTARY PUBLIC STATE OF COL RAD NOTARY ID 20214038163 MY COMMISSION EXPIRES S P 27, 202 SCOPE OF WORK III! mill Contractor shall supply and install two shade structures — GT-Shade Custim T Cantilever 12xl2xlO Page 9 Of 09 IN k 11