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HomeMy WebLinkAbout23-81 Approving Construction Contract Brahma Roofing and Construction LLC 08-09-2023RES01,13TION NO. 23-81 A RESOLUJITION OF TtIE BOARD CIS TRUSTEES CIS TIJE`TOWN OF FIRESTONE, COLORADO APPROVINC A CONSTRUCTION CONTRACT RETWEEN THETOWN OF FIRFSTONE'AND BRAHMA I ROOFING AND CONSTRUCTION LLC kV1 I I"REAS, theTown ot'Firestone (-Town-) is in need ol'a contractor tbr the Public Works Roofing and Construction Pro.ject, which includes reroofing and theaddition of)AItters ,aid downspouts for the fiacility and snow guard materials Im the fiacifity and the xvash bay, and WHERL'AS flicTown requested bids and eclat 13rahma Roofing and Construction as the lowest ra sponsible and responsive bidder. NO W, 'I'll 11"RE 1`0 RE, ffi- ITRESOLV1.1) BY THL BOAR L) 0FTRLJS'JTI`S OFTHE" TOWN Cif' J,'lRl,,iST0N1-'. COLORADO: The Construction Contract between the'l own of" 1"irestone acid Brahma Roofing and onstruction LLC lot- the Public Works Roofing and Construction Prqject is approved in substantially the sance fiorm as the copy attached hereto and made as part of this resolution and the Mayor is authori/ d to execute the Contract on behaffof'thel'own. INTRODLIC1,J), RE"A'D. AND AM)PTED thi�Iltm ol'Augrant -1023. 1"'. COLORADO Drew Alan Peterson. Mayor ATTEI'S'l` NE 4, Kristi K. Bastior, CNICTown Clerk Soo M"PROVE'l AS TO M: < COUN� -nev Attot \Villiam P. layashi., CONSTRUCTION CONTRACT 11 UVI f J OULVI VVM I a P1 11 1upal V1 justu 7717777777777 ('Uhtfactor) (each a 'Paq" and collectively the Partiee) 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, consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows AThe Convador shall complete all Work and perform all SeMC6� described of reasorlably implied from the $060 of Wbrk set fbrth 1h Uhibit A and th6 Coriti*t Documents, aff�ched hereto and 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 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, C® Within ten days of the Effective Contract Date, the Contractor shall provide the performance bond, labor & material payment bond, and certificate of insurance required by the contract Documents. it. RESERVE Ill. CONTRACT TIM A, The Work shall be substantially completed within 90 days of the Effective Date of this contract. It shall continue until the Contractor completes the Scope of Services to the Town's satisfaction or until terminated as provided herein. FIRESTONE ( 4) f 0 R � 13 0 B. Either Party may terminate this Agreement upon 33 days advance written notice.. The Town shall pay the Contractor for all Work previously authorized and 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 lave and equity. C. Should a delay in completion constitute a cornpensable Inconvenience to the Town n and its residents, the liquidated damages established in this Section shall be enforced. 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, 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 alloyed. the Contractor shall be assessed the amount of two hundred fifty dollars 3 each day until the pork is complete. 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 $153,777.32 (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. A. The Contractor may submit Applications for Payment for Completed Work per the UNIT - PRICE BID FORM,. "he Contractor may submit periodic invoices, which the Town shall pay within 30 days of receipt: The Town may retain up to five percent (5%) of the calculated value of completed work from each application of payment up until the 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 Bloom ii 4 "1 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 lair. 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 kirk in the applicable community: C, The Work performed by the Contractor hereunder shall be done in compliance with applicable lags, ordinances, rules and regulations, including the beep Jobs in Colorado Act, CRS. - 7- it at seq. (the "Act") and the miles adopted by the Division of tabor of the Colorado Department of Labor and Employment implementing tin the Act (the "Rules"), Dl 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 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, FThe Contractor shall warrant and guarantee all materials and equipment furnished under the contract and all Work perfornied 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. Any matedals, 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, 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. Contractor shall make no representation that it is a Town employee for any purposes. IX. MPRANq X 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. fIRESTONE K 0 1 0 N % 0 " I , Worker's Compensation insurance as required by law. 2Commercial 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 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, The 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 darnage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or darnage, 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 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. ACertification, 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 CRS. § 8-17,5-1tit (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& Department of Homeland Security and Social Security Administration or the Department Program Page 4 of 10 f IRESTONE 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, The Contractor shall not knowingly employ or contract with a worker without authorization, as that term is defined in U.S. § 8-17.5-101(9), as arnended, 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 CRS, § 8-17.5-101(9), as amended, to perform Work under this Construction Contract, Cerification. I , If the Contractor has employees, the 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, 2Contractor 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 the 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 CRS. § 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 CRS. § 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 QoMp!ywith In e ti boons. The 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 the Contractor is complying with the terms of this Section The Contract Documents, which comprise the entire;Agreement between the Town and Contractor concerning the Scope of Services, consist of the following, Page 5 of 10 FIRESTONE A. Exhibit to this Construction Contract, Pg. A16 - 1907 FS PW CD -Rev 0210526 22 B, Performance Bond and Labor & Material Payment Bond. C. 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 X11. AChange 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 adjustment to the Contract Times(s). 13All 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. X GoverniM 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, Inteqration. 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 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. FIRESTONE i I � () It i P 4 W 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, L 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.P.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, NEI Page 7 of 10 R STONE . ,s tV S- NT BRAHMA ROOFING AND CONSTRUCTION, LL a;?w gg t4oToty PUSLI SSAOF �. y it) 2022402� ate. array All fIRESIONE 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 shal[ Contractor's Deliverables, In the performance of the duties described above, the Contractor shall deliver the following items to the Town duriing the timefrarnes established by the Town'. Contractor shall, o Completed instaflation of metal over metal reroof, gutters and downspouts, and snow guards per manufacturer guidelines, o Submit a detailed list and manuals of all installed materials Page 9 of 10 f IRESTONE UNIT -PRICE BID FORM Public Works Building Roofing Project 202 -99 ) ? Item Description uantit r#lt f 4 Unit Price Extended Cost Y Measurement f Metal over metal rerrrrrf of the original building . t Lump Sum i Cutters and downspouts to the original building t Lump Sum w Snow guard materials to the full building and the wash bay I Lump Sum " � :>'a._aLwt. ka� m TOTAL,. Please rate any exceptions you take to this bid, e, „, minimum quantity re uire nts: SHI ER' x INFORMATION: Company lame. Mailing Address: r,� ¥ �c `si- f. rlrtf �;##�s , t �, � r",�71 Telephone Number:Email: The bidder hereby acknowledges receipt ot Addendum Nos. ti to these specifications, (Insert number of each addendum received,) Marne and Title of Authorized Company Representative,- r. Name (Please print} Title Signature try Dated This day of � �.3 � 22; FIRESTONE