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HomeMy WebLinkAbout23-70 Approving Construction Contract Brannon Sand & Gravel Overlay Firestone Blvd 07-12-2023RESOLUTION NO. 23-70 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING A CONSTRUCTION CONTRACT BETWEEN THE TOWN OF FIRESTONE AND BRANNAN SAND AND GRAVEL COMPANY FOR THE MILL AND OVERLAY PAVING PROJECT FOR PORTIONS OF FIRESTONE BOULEVARD WHEREAS, the Town of Firestone ("Town") is in immediate need of mill and overlay work for both lanes of Firestone Boulevard from Birch St to Cimarron Street; and WHEREAS, given the immediate need for the work and the high quality of Brannan Sand and Gravel Company's previous work for the Town, it is in the Town's best interest to have Brannan Sand and Gravel Company perform the work as a sole provider. 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 Brannan Sand and Gravel Company for the mill and overlay paving project for potions of Firestone Boulevard 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 12tb day of July,'2023. TI 2F DO r Drew Alan Peterson, Mayor ATT, -CMC�Town �Clerk lyrist Bashor, , rPPROV AS r Willia i, Attorney CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and entered into this 12th day of July 2023 (the "Effective Date"), by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 9950 Park Avenue, Firestone, Colorado 80504 (the "Town" or the "Owner'), and BRANNAN SAND AND GRAVEL COMPANY an independent contractor with a principal place of business at 2500 East Brannan Way, Denver, Colorado 80516 ("Contractor") (each a "Party" and collectively the "Pafties"). 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: 1SCOPE OF WORK AContractor 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: 2023 Firestone Blvd Mill and Overlay between Cirnmaron St and Birch St (S2023-9236) 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 used 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, It. RESERVE A, The Work shall be substantially completed within 90 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, & 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 Ill 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 $ 1,020,000.00 (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 PROCEDURES Contractor may submit Applications for Payment for completed work per the UNIT -PRICE BID FORM, Contractor may submit periodic invoices, which shall be paid by the Town within 30 days of receipt. V1. 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 Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations, including the Keep Jobs in Colorado Act, (1R,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 9 f IRESTONE : The Ton'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, 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 Mork, materials, or equipment not conforming to the Contract Documents shall be considered defective: 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 pork that is found to be defective, The expiration of the warranty periodshall 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. il. QWNERSHIP 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 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. VOL INDEPENDENT CT CT Contractor is an independent contractor. Notwithstanding any other provision of this Construction *d bTk,, Contractor to,�,�efform work♦ e ntract 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, k 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 minimum i Contractor shall i rocure and maintain, and shall cause MPIM M— acceptable to the Town. Page 3 of 9 Worker's Compensation insurance as required by law. I g iml 2, Commercial General Liability insurance with minimum combined sin le I its of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises lude cove e for bodil n� ,, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual� products, and completed operations, The policy shall contain a severability of interests provision, and shall include es, and contractors as additional insured& No additional insured endorsement shall contain any exclusion lof JMAJ1TT9E7=$ completed op*rations. such insurance shall be in addition to any other insurance requirements imposed by laa 41 '-all not be canceled terminated or materially changed without 0 cer, employee, repfe5er of any employee of Contractor or of any employee of any subcontractor of Contractor. A. WORKERS WITHOUT A k -QeftiBy entering into this Construction Contract, Contractor hereby ceres that, at or contract with a worker without authoas that term is defined in CRS. § 8-17.5-101(9), as amended, who Vill perform work under this Construction Contract and that Contractor will participate in either the E-Verify Program administered by the US, Department of Homeland Security and Social Security Administration or the Department Program A%4Womg lvoiflnenA Adgibilitof all employees who are newly hired to perform work under this Construction Contract. B, ar_oKlbi, Contractor shall not knowingly employ or contract with a worker withom authorization, as that term Is defined in CRS. § 8-17.5-101(9)i as amended, to perform work under th Construction Contract, or enter into a contract with a subcontractor that fails to certify to Contractor that t subcontractor shall not knowingly employ or contract with a worker without authorization, as that term defined in C.R.S, § 8-17,5-101(9), as amended, to perform work under this Construction Contract. EAffidavits. 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 perform work under the Construction Contract via the Department Program, Contractor shall sign the "DeWment Program Affidavit" attached hereto, XIL 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, 2, Exhibit B, Unit -Price Bid Form, B, Performance Bond and Labor & Material Payment Bond, C. Notice of Award, D. Notice to Proceed. E, The following which maybe delivered or issued after the Effective Date of the Construction Contract and are attached hereto: All written amendments and other documents amending, rnodify ng, or supplementing of the Contract Documents. There are no Contract Documents other than those listed above in this Section X11. X11L MISCELLANEOUS A, !ao ernin Lam and 3enue. 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. BNo Waiver, Delays in enforcement or the waiver of any one or more defaults or breaches of this Construction Contact by the Town shall riot constitute a waiver of any of the other terms or obligation of this Construction Contract. C, inte_qration, This Construction Contract and any attached exhibits constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. jhi�rdParfles, There are no intended third -party beneficiaries to this Construction Contract, El otice. 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. Page 6 of 9 ver bility. 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. C: Modification, This Construction Contract may only be modified upon written agreement of the Parties. K ssionment, 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, Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not wive 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, of seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. d. 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 To #s legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. Cube to Annual A ro riatidn, 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. IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective Date. ATTEST: Krisfi K eshorfZC\To n Cd W COUNTY OF Adams T Et Drew Alan Peterson, Mayor 'f Ji 3RAN�14 �A N" D Ajrlv GRAVEL M The foregoing instrument was subscribed, sworn to and acknowledged before the this -Ord day of July 2023, by J. C, marvel, Jr. as Member/Manager of Brannan Sand and Gravel Company My commission expires: ,n, - ix-,,, (S E A M-CHrERCH LNOTARY EB4NLEI TAEOL3CY 77 NOTARY099a0388 WWw Notary public ymISSIONEXPIRES I2M026 Page 8 of 9 EXHIBIT A SCOPE OF WORK 121a •1111 During the term of this Construction Contract� Contractor shall perform the following duties, directed by the Town: 2023 Firestone Blvd Mill and Overlay between Cirnmaron St and Birch St (S2023-9231 • Contractor shall perform a 3" Mill and Overlay on Firestone Blvd from Cimmaron St to Birch st. • Town to keep all millings, • Contractor shall perform full -depth patching where demand is necessary by the project ME �# • Contractor shall restripe roadways. • Contractor shall reinstall all thermoplastic markings, • Contractor shall install and maintain any and all stormwater measures. • Contractor shall be responsible for all geotechnical services. • Work to start no later than 8/28/2023 Substantial completion in 60 days full completion in 90. • Contractor shall provide and maintain all traffic control devices and measures for the project as well as all resident notifications (If needed). • For minor quantity adjustments: $3,197.50 (Contractor must receive prior approval from the Town) • All Towns standards and specifications to be followed to include the procedures outlined in the Towns Street, Curb, and gutter maintenance/Replacement SOP to ensure stormwater compliance including installation and maintenance of stormwater control measures. /Section-500 --- Roadwa --A,;nhalt Page 9 of 9 III U1