HomeMy WebLinkAbout20-25 Construction Contract TLM Constructors Frontage Road Bridge Repair 02-26-2020A. The Work shall be substantially completed within 60 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.
Be 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 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.
Inconsideration 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 $140,485.00 (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.
Contractor may submit Applications for Payment for completed work per the UNIT -PRICE BID FORM
or the LUMP -SUM BID FORM. Contractor may submit periodic invoices, which shall be paid by the Town
within 30 days of receipt.
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.
Be 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, C.R.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").
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
isi
arng out of the performance of this Construction Contract,
E. 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 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
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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.
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 a "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.
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.
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.
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 Contractor. 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.
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 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, or other fault of 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.
A. Certification. By entering into this Construction Contract, Contractor hereby certifies that, at
the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform
work under this Construction Contract and that Contractor will participate in either the E-Verify Program
administered by the U.S. Department of Homeland Security and Social Security Administration or the
Department Program 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. Contractor shall not knowingly employ or contract with an illegal alien 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 an illegal alien to perform
work under this Construction Contract,
C. Verification.
1. If Contractor has employees, 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,
2. Contractor 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 Contractor obtains actual knowledge that a subcontractor performing work under this
Construction Contract knowingly employs or contracts with an illegal alien 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
an illegal alien 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 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien
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 an illegal alien who is performing work
under this Construction Contract,
D. Duty to Comply with Investigations. 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. § &17.5=102(5)(a) to ensure that Contractor is complying with the terms of this Section XI.
E. Affidavits, 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
"Department Program Affidavit" attached hereto.
Page 5 of 17
1
c fits D o r m
The Contract Documents, which comprise the entire agreement between the Town and Contractor
concerning the Scope of Services, consist of the following:
i. This Construction Contract (Pages 1 to 17, inclusive of exhibits)
B. Exhibit to this Construction Contract:
1. Exhibit A: Contractor's Quotation dated January 31, 2020.
2. Exhibit B: Form of Performance Bond
C. Performance Bond and Labor &Material Payment Bond.
D. Notice of Award.
E. Notice to Proceed.
F. "Specifications" bearing the title: CDOT M&S Standards.
G. "Drawings" consisting of (NA,�
H. Addenda numbers:
1. Addenda #1: NA .
2. Addenda #2:
3. Addenda #3:
4. Addenda #4:
Documentation submitted by Contractor prior to Notice of Award (see Exhibit A),
J. Bid Package #1, See Exhibit A.
K. Bid Package #2 NA .
L. 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 XII.
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 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.
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, C.R.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.
K, Subject to Annual Appropriation. 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.
To be completed only if Contractor has no employees
1. Check Cl"d complete one:
❑ I, , an, a sole proprietor doing business as
I do not currently employ any individuals. Should I employ any employees
during the term of my Agreement with the Town of Firestone (the "Town"), I certify that I will comply with the
lawful presence verification requirements outlined in that Agreement.
❑ I,
am the sole owner/member/shareholder of
a [specify type of entity — i.e.,
corporation, limited liability company], that does not currently employ any individuals. Should I employ any
individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence
verification requirements outlined in that Agreement.
2. Check one.
❑ I am a United States citizen or legal permanent resident.
The Town must verify this statement by reviewing one of the following items:
■ A valid Colorado driver's license or a Colorado identification card;
■ A United States m/lifary card or a military dependent's identification card;
■ A United States Coast Guard Merchant Mariner card;
■ A Native American tribal document;
■ In the case of a resident of another state, the driver's license or state -issued identification
card from the state of residence, if that state requires the applicant to prove lawful presence
prior to the issuance of the identification card; or
■ Any other documents or combination of documents listed in the Town's "Acceptable
Documents for Lawful Presence Verification" chart that prove both Contractor's
citizenship/lawful presence and identity.
OR
❑ I am otherwise lawfully present in the United States pursuant to federal law.
Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement
("SAVE") program, and provide such verification to the Town.
Signature
Date
DEPARTMENT PROGRAM AFFIDAVIT
To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program
I, , as a public contractor under contract with the Town of Firestone (the
"Town"), hereby affirm that:
1. I have examined or will examine the legal work status of all employees who are newly hired
for employment to perform work under this public contract for services ("Agreement") with the Town within
20 days after such hiring date;
2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which
verify the employment eligibility and identity of newly hired employees who perform work under this
Agreement; and
3. I have not and will not alter or falsify the identification documents for my newly hired
employees who perform work under this Agreement.
Signature
STATE OF COLORADO
ss.
COUNTY OF
Date
The foregoing instrument was subscribed, sworn to and acknowledged before me this _day of
2020, by as of
My commission expires:
(SEAL)
Notary Public
EXHIBIT A
SCOPE OF WORK
® See attached Quotation dated January 31, 2020 from TLM Constructors
Greeley Office:
P.O. Box 336638
Greeley, CO 80633
Ph: (970) 3464323
Fax:(970)346-8324
Swink Office:
P.O. Box 505
Swink, CO 81077
Ph: (719) 384-5956
Fax: (719) 346-5959
To: Town of Firestone Date: January 31, 2020
151 Grant Avenue
Firestone, CO 80520
Job or Project: Firestone Bridge Repair / 145 Frontage Road over St. Wain River
TLM Constructors, Inc., will furnish all labor, material and equipment to complete the following scope of work at the
unit prices quoted.
Item #
Client # Description
Quantity
Unit
Unit Price
Total
5
202-00210
Removal of Concrete Pavement
70
SY
$ 30.00
$ 2,100.00
10
202-00220
Rem Asphalt Mat
51
SY
$ 25.00
$ 1,275.00
15
202-00246
Rem Asphalt Mat
(Planing)(Special)
1453
SY
$ 7.00
$ 10,171.00
20
202-00504
Rem Exp Device
45
LF
$ 304.00
$ 13,680.00
25
208-00045
Conc Washout Str
1
EACH
$ 975.00
$ 975.00
30
208-00035
Aggregate Bag
100
LF
$ 8.00
$ 800.00
35
210-00425
Res Bridge Railing
84
LF
$ 42.00
$ 3,528.00
40
403-32741
Hot Mix Asphalt (Grading SG) (75) (PG 64-22)
27
TON
$ 160.00
$ 4,320.00
45
403-33741
Hot Mix Asphalt (Grading S) (75) (PG 64-22)
27
TON
$ 160.00
$ 4,320.00
50
403-34741
HMA (Gr SX) (75) (PG 64-22)
174
TON
$ 145.00
$ 250230.00
55
518-01004
Br Expan Device (04 In)
43
LF
$ 275.00
$ 11,825.00
60
518-01060
Br Expan Device (Gland) (04 In)
43
LF
$ 78.00
$ 3,354.00
65
518-03000
Saw and Seal Br Joint
90
LF
$ 25.00
$ 2,250.00
70
601-03040
Concrete Class D (Bridge)
4.5
CY
$ 2,560.00
$ 11,520.00
75
602-00020
Reinf Steel (Epoxy)
380
LB
$ 4.50
$ 1,710.00
80
626-00000
Mobilization
1
L S
$ 20,850.00
$ 20p850.00
85
627-00004
Epoxy Pavement Marking
500
SF
$ 6.00
$ 3/000000
90
630-00016
Traffic Control (Special) LS
1
L S
$ 17,500.00
$ 17,500.00
Bid Total
$ 138,408.00
Notes:
® Payment terms per CDOT Specifications.
® Material Testing is not included in our quote, this cost may be added if requested.
® it is anticipated that construction will require road closure for 30 Calendar Days.
® Billing quantity will be based on actual quantity placed.
Exclusions:
Surveying
Bond (Add 1.50% if Required)
Engineering
Material Testing
Night Work or Night
Work Lighting
Erosion Control Inspections /SWAMP
Waterproofing Membrane on Bridge Deck
Deck Surface Repair or Patching
Qur�liiy, Oirr Unspnkefr Ptonaise
EQUAL OPPORTt11+iIT�' EMPLOYER