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Home My WebLink About 19-94 Churchich Rec LLC Install Playground Equip-Onorato-Patterson ParksRESOLUTION 19-94 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND CHURCHICH RECREATION LLC FOR THE INSTALLATION OF PLAYGROUND EQUIPMENT WHEREAS, the Town of Firestone ("Town") desires to engage Churchich Recreation .LC ("Contractor") for the purpose of installing playground equipment at Onorato Park and Patterson Park ("Project"); and WHEREAS, the Town finds that the Contractor has the exper•iise, qualifications, and experience necessary to perform the required Project work. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. i . The Agreement between the Town of Firestone and Churchich Recreation, LLC for the installation of playground equipment at Onorato Park and Patterson 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 9th day of October, 2019. I ATTEST; Leah Vanal all, Town Clerk TO FORM: Wihiari� P�ayashi, Town Attorney Project: Contractor: Total Cost: (SHORT CORM) THIS AGREEMENT ("Agreement"), is made this 9th day of October, 2019, between the Town of Firestone, a Colorado statutory municipality, hereinafter referred to as "FIRESTONE," and Murchich Recreation, LLC., as independent contractor, hereinafter referred to as "CONTRACTOR," and provides as follows: ARTICLE I SCOPE OF SERVICES Section 11 Services: FIRESTONE retains CONTRACTOR, and CONTRACTOR agrees to provide the goods and to perform and complete the work, personal services and/oz furnish the necessary equipment, supplies or materials in accordance with and/or as described in Schedule A, hereinafter referred to as the "Project." Schedule A is hereby incorporated by reference and made a part ofthis Agreement. To the extent that this Agreement and Schedule A conflict, the provisions of this Agreement shall prevail. Additional goods or services beyond those set out in Schedule A, if requested, shall be provided only when authorized in writing by FIRESTONE. Section 1.2 Contract Time: CONTRACTOR shall commence work upon direction to proceed from FIRESTONE and complete the Project on or before December 31, 2019. Section 1.3 Independent Contractor: CONTRACTOR shall at all times control the means and manner by which CONTRACTOR performs the work, subject to FIRCSTONE's right to monitor, evaluate and improve such work. CONTRACTOR shall at all times be and act as an independent contractor and not as an employee of FIRESTONE. Section 1.4 Warranty of Contractor: CONTRACTOR warrants that title to all goods, materials and equipment covered and paid for under this Agreement will pass to FIRESTONE, either by incorporation in the Project or upon the receipt ofpayment by CONTRACTOR, whichever occurs first, free and clear of all liens, claims, security interests or encumbrances; and that no services, General Contract for Goods and/or Services (Short Form) (Rev. Tan 2018) Page 1 goods, materials or equipment paid for under this Agreement will have been acquired by CONTRACTOR, or by any other person performing services at the site or furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such Other person. CONTRACTOR warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses required by law. All professional services shall be performed timely in accordance with generally accepted professional practices and the level of competency presently maintained by other professionals providing the same general type of work as set forth in the Scope of Services. ARTICLE TT COMPENSATION FOR SERVICES Section 2.1 Compensation: In consideration of completion of the Project specified herein by CONTRACTOR, FIRESTONE shall pay CONTRACTOR (check and initial below as applicable): ® A fixed sure of $27,692.50. ❑ Based upon a time, materials and expenses basis, pursuant to the rate schedule attached hereto as Schedule A, but in no event shall the total compensation exceed ❑ As described in Schedule A. Section 2.2 Pa• ment: FIIZESTONE will make payment due to CONTRACTOR for compensation for completed work within thirty (30) days after ilwoices submitted by CONTRACTOR, which invoics) may not be submitted more fi•equently than monthly. Invoices shall indicate the basis upon which payment is requested, such as percentage of the Project completed, or actual time, materials and expenses. FIRESTONE shall submit invoice disputes, if any, to CONTRACTOR within thirty (30) days for resolution by mutual consent. Section 2.3 Set Off: Iri addition to any other rights FIRESTONE has under this Agreement to indemnification or recoupment, CON"TR_ACTOR agrees that FIRESTONE is entitled to set off any amounts it may owe CONTRACTOR under this Agreement against such claims for indemnity or recoupment. Section 2.4 No Multi -Year Fiscal Obli ag tion. Nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution Article X, Section 20. Notwithstanding any other provision of this Agreement, FIRESTONE's obligations under this Agreement are subject to annual appropriation by the Town of FI .ESTONE's Board of Trustees. Any failure of the Town Board of Trustees annually to appropriate adequate monies to finance FIRESTONE's obligations under this Agreement shall terminate this Agreement at such time as such then -existing General Contract for Goods and/or Services (Short Fonn) (Rev. Jan 2018) Page 2 appropriations are to be depleted. Notice shall be given promptly to CONTRACTOR of any failure to appropriate such adequate monies. Section 2.5 Ap12z'opriation: If this is a contract for the design or construction, or both the design and construction of a public works project, the FIRESTONE has appropriated funds equal to or in excess of the Contract Price, ARTICLE III ADMINISTRATION OF THIS AGREEMENT Section 3.1 Project Perfozmance: Irr consideration of the compensation provided for izl this Agreement, CONTRACTOR agrees to perform or supply the Project, in accordance with generally accepted standards and practices of the industry and warrants that all materials incorporated in the Project be free from defect of material or workmanship and conform strictly to the specifications, drawings or samples specified or furnished. This Section 3.1 shall survive any inspection, delivery, acceptance or payment by FIRESTONE. Section 3.2 Ownez•ship and Use of Documents: (check and initial all that apply) ❑ (a) The following Sections 3.2(a)(1) and (2) are applicable to design professionals (architects, engineers, etc.); (1) The documents prepared by CONTRACTOR in cozmection with the Project and copies thereof furnished to other parties are for use solely with respect to the Project. Such documents are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope of the work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the documents prepared by CONTRACTOR appropriate to and for use in the execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. (2) Notwithstanding the provisions of Section 3.2(a)(1) above, FIRESTONE may utilize any such documents generated in cormection with the Project by CONTRACTOR for other projects, provided that CONTRACTOR is not held liable for future project applications other than the Project described pursuant to this Agreement. ® (b) The following Sections 3.2(b)(1) through (3) are applicable to nonprofessionals (contractors, suppliers, etc.); (1) Any documents prepared by CONTRACTOR, and copies thereof fiu�rished to other parties are for use solely with respect to this Project. They are not to be used by any other contractor or subcontractor on other projects or for additions to this Project outside the scope ofthe work without the specific written consent of FIRESTONE and CONTRACTOR. Other contractors and subcontractors are authorized to use and reproduce applicable portions of the General Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 3 documents prepared by the CONTRACTOR appropriate to and for use in Lite execution of their work under this Agreement. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the documents prepared by CONTRACTOR. (2) CONTRACTOR, and any subcontractor or supplier or otherperson or organization performing or furnishing any work for the Project under a direct or indirect contract with FIRESTONE (i) shall not have or acquire any title to or ownership rights in any of any documents (or copies of documents) prepared in connection with the Project by a design professional and (ii) shall not reuse any of such documents or copies for extensions of the Project or any other project without written consent of FIRESTONE and the design professional and specific written verification or adaption by the design professional. (3) Notwithstanding the provisions of Sections 3.2(b)(1) and (2) above, FIRESTONE may utilize any documents generated in connection with the Project by a design professional or CONTRACTOR for other projects, provided that such design professional and CONTRACTOR are not held liable for future project applications other than the Project described pursuant to this Agreement. FIRESTONE shall not convey any such documents generated by CONTRACTOR to a third party or use any such documents in a manner adverse to the CONTRACTOR. Section 3.3 Insurance: CONTRACTOR shall, at its own expense, keep in full force and effect during the term of this Agreement and during the term of any extension or amendment of this Agreement, insurance as stated below: (a) Commercial General Liability Insurance with minimum combined single limits of One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00) for each occurrence and Two Million Dollars and No Cents ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall endorse FIRESTONE and its employees and agents as additional insureds. Additionally, the policy shall provide that such insurance is primary coverage with respect to work contemplated under this Agreement by all insureds and additional insureds. (b) Ifprofessional services are provided, Professional Liability Insurance with limits of One Million Five Hundred Thousand Dollars and No Cents ($1,500,000.00)ger claim and Two Million Dollars and No Cents ($2,000,000.00) aggregate. This policy shall remain in force for the period of design and construction and shall include a discovery period of three years, to commence upon substantial completion of the Project. (c) Workers' Compensation Insurance to cover all obligations imposed by applicable Laws for all of CONTRACTOR's employees engaged in the performance of work under this Agreement, based on statutory limits prescribed by and in accordance with Colorado law. In the event any services are performed by a subcontractor, CONTRACTOR shall require such subcontractor to provide workers' compensation insurance for its employees. General Contract for Goods and/or services (short Form) (Rev. Tan 2018) Page 4 (d) Comprehensive Automotive Liability Insurance for the duration of this Agreement covering all owned, non -owned, and hired vehicles used in connection with the work performed by or on behalf of CONTRACTOR under this Agreement in an amount not less than Five Hundred Thousand Dollars and No Cents ($500,000.00) combined single limitper occurrence for bodily injury and property damage. (e) All of the insurance policies required above shall be written and issued by responsible companies authorized to do business under the laws of the State of Colorado. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of CONTRACTOR. A copy of each such policy or certificate shall be provided to FIRESTONE within five (5) business days of the complete execution of this Agreement and shall be attached to this Agreement. CONTRACTOR shall be responsible for notifying FIRESTONE within five (5) business days of anymaterial modification to, or cancellation of, these policies duringthe term of this Agreement, including but not limited to, any pending or paid claims against the aggregate amount of the policy, and of any cancellation of coverage for non-payment. Section 3.4 Colorado Governmental Immunity. The parties hereto understand and agree that FIRESTONE is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities and protections provided it by the CGIA, C.R.S § 24-10AOI et seq., as from time to time amended, or otherwise available to FIRESTONE, its officers or its employees. Section 3.5 Indemnification; CONTRACTOR shall defend, indemnify and hold harmless FIRESTONE and its officers, officials, employees and agents from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from this Agreement, to the extent that such claim, damage, loss or expense is caused, or alleged to be caused, in whole or in part, by any negligent, reckless or intentional act or omission of CONTRACTOR or anyone directly employed by CONTRACTOR or anyone for whose acts CONTRACTOR may be liable. Section 3.6 Subcontractor: CONTRACTOR shall, as soon as practicable after executing this Agreement, notify FIRESTONE in writing for FIRESTONE's approval, of any subcontractors who may be involved in the Project and the general scope of work to be performed by each subcontractor. FIRESTONE may, in its reasonable discretion, reject any proposed subcontractor, in which case CONTRACTOR shall either perform such component or the work itself, or secure a subcontractor acceptable to FIRESTONE. General Contract far Goods and/or Services (short Ponn) (Rev. Tan 20r 8) Yage S Section 3.7 Termination for Convenience; This Agreement may be terminated by FIRESTONE without cause upon seven (7) days written notice to the CONTRACTOR. In the event of termination, FIRESTONE will pay CONTRACTOR for all services satisfactorily performed and for goods provided to date of termination. If payment is otherwise due in a fixed sum, FIRESTONE will pay CONTRACTOR for the pro rata value of the completed portion of the Project. If, however, CONTRACTOR has substantially or materially breached the standards or terms of this Agreement, FIRESTONE shall have any remedy or right to set off available at law and equity. Section3,8 Bindin�Effect/Non-Assi ngability: FIlZESTONF,andCONTRACTOReach binds itself, its successors and assigns to the other party to this Agreement with respect to all rights and obligations under this Agreement. Neither FIRESTONE nor CONTRACTOR shall assign or transfer• its interest in, or obligations under, this Agreement without the written consent of the other. Section 3.9 Compliance with Law: Contractor agrees to performthe work in compliance with all applicable federal, state, county and city laws, ordinances, rules and regulations, including without limitation, the preference for Colorado labor as set forth in Article 17 of Title 8 C.R.S. Section 3.10 Iznrni�ration Status Obli ate ions; a) CONTRACTOR certifies, tlrzough signature of its authorized representative executing this Agreement, that it does not knowingly employ or contract with an illegal alien who will perform work under the public contract for services and that the CONTRACTOR will participate in the United States Government's E-Verify Program or the State of Colorado Department of Labor and Employment Program ("Department Program") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services. b) CONTRACTOR shall not; 1) Knowingly employ or contract with an illegal alien to perform wozlc under this Agreement; or 2) Enter into a contract with a subcontractor that fails to certify to the CONTRACTOR that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. c) CONTRACTOR shall affirm as required by C.R.S. § 8-17.5402 (c) (II) the employment eligibility of all employees who are newly hired for employment to perform work under the public contract for services through participation in either the E-Verify Program or the Department Program. d) CONTRACTOR is prohibited from using the E-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while the public contract for services is being performed. General Contract for Goods and/or Services (Short Form) (Rev. Jan 2018) Page 6 e) If CONTRACTOR obtains actual lulowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, CONTRACTOR shall be required to: 1) Notify the subcontractor and FIRESTONE within three. days that the CONTRACTOR has actual knowledge. that the subcontractor is employing or contracting with an illegal alien; and 2) Terminate the subcontract with the subcontractor ifwithin three days of receiving the notice requir.edpursuantto sub"subparagraph (B)(2) the subcontractor does not stop employing or contracting with the illegal alien; except that the CONTRACTOR shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien, f) CONTRACTOR shall comply with all rules and regulations and any reasonable request by the State Department of Labor and Employment made in the course of the Department's performance of its lawful duties pursuant to C,R,S. 8-17.5401 et seq., as amended from time to flme. g) If CONTRACTOR violates any of the provisions 'set forth in this section, FIRESTONE may terminate the Agreement and CONTRACTOR shall be liable for all actual and consequential damages incurred by FIRESTONE. Section 3.10 Notice and Conununications: Any notice to the parties required under this Agreement shall be in writing, delivered to the person designated below for the parties at the indicated address unless otheiv,>ise designated in writing. Only mailing by United States snail or hanA delivery shall be utilized. Facsimile and e-mail addresses are provided for convenience only. FIRESTONE: Town of Firestone IS1 Gr•antAvenue,lP,O.Box 100 Firestone, CO 80520 AUn: Tulle Pasillas Telephone:303-531-6258 Facsimile;303-833-4863 &mail: jpasillas@firestoneco.gov CONTRACTOR: Churchich Recreation, LLC, P.O. Box 1174 Niwot, CO 80544 Attn: GHMS CHM,Aq Id14 Telephone:503'Sb0•44l4 � 10 Facsimile: J0 2 E-Mail:hc0 lUr@CV1-00 i )reCrfatiM.Yl4 General Contract for Goods and/or Services (5liort Form) (Rev. Tan 2018) page � ARTICLE IV RESPONSIBILITIES OF FIRESTONE Section 4.1 Project Materials/ConfidentialitX: FIRESTONE shall provide CONTRACTOR with data, information, reports and other such documentation as may be reasonably available to FIRESTONE, and reasonably required by CONTRACTOR to perform services under this Agreement. No information shall, unless as required by law, be disclosed by CONTRACTOR to third parties without prior written consent of FIRESTONE. All documents provided by FIRESTONE to CONTRACTOR shall be returned to FIRESTONE. CONTRACTOR is authorized by FIRESTONE to retain copies of such data and materials at CONTRACTOR'S EXPENSE. Section 4.2 Access to Properly and Records: FIIZESTONE shall provide CONTRACTOR Atli access to its property as required and necessary to complete the Agreement. To the extent required by law, FIRESTONE and CONTRACTOR agree to make this Agreement and any related records available for public disclosure pursuant to any open records law, including, without lI mitation, the Colorado Open Records Act, C.R.S. §§ 24M7 200.1, etseg. CONTRACTOR agrees to hold FIRESTONE harmless from the disclosure of any records that FIRESTONE reasonably believes it is legally required to disclose. Section 4.3 FIRESTONE's ReUresentative: FIl2ESTONE shall designate, in writing, a representative who shall have authority to act for FIRESTONE with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define FIRESTONE's policies and decisions with respect to materials, equipment, elements and systems pertinent to CONTRACTORSs services. Section 4.4 Verbal Agreement or Conversation: No verbal agreement or conversation wA th any officer, agent or employee of FIRESTONE, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle CONTRACTOR to any additional payment whatsoever under the terms of this Agreement. ARTICLE V MISCELLANEOUS Section 5.1 Colorado Law: This Agreement is to be governed by the laws of the State of Colorado. Venue for any litigation shall be in Weld County. Section 5.2 Amendments; Change Orders: This Agreement may only be amended, supplemented or modified in a written document signed by both parties (a "Change Order"). Section 5.3 Counterparts. This Agreement may be executed in two or more counterparts, using manual or facsimile signature, each of which shall be deemed an original and all of which together shall constitute one and the same document. Section 5,4. Seyerability: If any term, covenant, or condition ofthis Agreement is deemed by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of General Contract for Goods and/or services (Short Form) (Rev. Jan 2018) Page 8 this Agreement shall be binding upon the patties. Section 5.5, Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all other prior and contemporaneous agreements, representations, and understandings of the parties regarding the subject matter of this Agreement. No supplement, tinodification, or amendment of this Agreement shall be binding unless executed in writing by the partied, No representations or warranties whatever are made by any patty to this Agreement except as specifically set forth in this Agreement oz in any instrument delivered pursuant to this Agreement, Sectiott 5.6. Default/Attorneys Fees; In the event of default of any of the provisions herein, the defaultingpat•ty shall be liable to the non -defaulting patty for all reasonable attorney fees, legal expenses and costs incurred as a result of the default. Section 5.7.. No Waiver: Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by FIRESTONE shall not constitute a waiver of any of the other terms or obligations of this Agreement, TN WITNESS WHEREOF, the parties hereto have signed aad executed this Agreemenfi the day first written above, TOWN OF FIRESTONE i Name i Ij �r y "C CONTRACTOR By: Name: �ihfz• 5 �f ce�-�� i�1 Date: l6/�( G General Contract for Goods andlor Services (Short Dorm) (Rev. Jan 2013) Pago 9 SCHEDULE A (Attached to and made a part of the Agreement between the Town of Firestone Churchich Recreation, LLC. for installation of replacement playground equipment at Onorato Parr and Patterson Park.) General Contract for Goods and/or Services (Short Donn) (Rev. Tan 2018) Page 1 � PO Box 1774 • Niwot, CO 80544 Free (800) 719-7529.ON(ce (303) 530-4414 • Fax (303) 530-9239 www.churchichrecreot(on.net Bill To Address: TOWN OF FIRESTONE JULIE PASILLAS PO BOX 100 FIRESTONE, CO. 80520 Project PATTERSON & ONORATO INSTALLATION Item InstaIlFG InstaIlPG EXCLUSIONS Description Quotation Estimate # Date Rep 19-0631 9/3/2019 HH Delivery Terms INSTALL PLAYGROUND EQUIPMENT FOR ONORATO PARK PLAYGROUND TO INCLUDE: INSTALLATION OF NEW PLAYGROUND EQUIPMENT AS PURCHASED IN 2019 DOES NOT INCLUDE DEMO/DISPOSAL OF EXISTING PLAY EQUIPMENT SWING SET & MAYPOLE TO STAY PER ORIGINAL PLANS INSTALL PLAYGROUND EQUIPMENT FOR PATTERSON PARK PLAYGROUND TO INCLUDE: - INSTALLATION OF NEW PLAYGROUND EQUIPMENT AS PURCHASED IN 2019 - DOES NOT INCLUDE DEMO/DISPOSAL OF EXISTING PLAY EQUIPMENT PROJECT EXCLUDES THE FOLLOWING: 1) SITE PREPARATION/GRADING 2) CONCRETE FLATWORK/PAD 3) SALES TAX 4) BUILDING PERMITS AND INSPECTIONS FEES. 5) SOILS REPORT 6) TEMPORARY RESTROOM FACILITIES ON -SITE 7) UNLOADING 8)STORAGE 9) TEMPORARY FENCING 10) ASSUMES SITES WILL BE PROPERLY PREPPED AND READY FOR INSTALLATION AT TIME OF ARRIVAL. SCHEDULE TO BE COORDINATED WITH CHURCHICH RECREATION PROJECT MANAGER Thank you for the Opportunity to Quotel Net 30 Qty Tota I FOB Jobsite Cost I Total 15,169.00 I 15,169.00 12,523.50 �� 12,523.50 0.0011 0.00 $27,692.50