HomeMy WebLinkAbout20-27 Golf and Sport Solutions Agreement Laser Grading 02-26-2020IV. PROFESSIONAL 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 professional licenses in good
standing, required by law. The work performed by Contractor shall be in accordance with generally
accepted professional practices and the level of competency presently maintained by other practicing
professional firms in the same or similar type of work in the applicable community. The work and services
to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances,
rules and regulations.
B. The Town's review, approval or acceptance of, or payment for any services shall not be
construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of
the performance of this Agreement.
C. Because the Town has hired Contractor for its professional expertise, Contractor agrees
not to employ subcontractors to perform any work except as expressly set forth in the Scope of Services.
V. OWNERSHIP
Any materials, items, and work specified in the Scope of Services, 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 Services
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.
If the Town reuses or makes any modification to Consultant's designs, documents or work product
without the prior written authorization of Consultant, the Town agrees, to the fullest extent permitted by law,
to release the Consultant, its officers, directors, employees and sub -consultants from all claims and causes
of action arising from such uses, and shall indemnify and hold them harmless from all costs and expenses,
including the cost of defense, related to claims and causes of action to the extent such costs and expenses
arise from the Town's modification or reuse of the documents.
The Town expressly acknowledges and agrees that the documents and data to be provided by
Consultant under the Agreement may contain certain design details, features and concepts from the
Consultant's own practice detail library, which collectively may form portions of the design for the Project,
but which separately, are, and shall remain, the sole and exclusive property of Consultant. Nothing herein
shall be construed as a limitation on the Consultant's right to re -use such component design details,
features and concepts on other projects, in other contexts or for other clients.
VI. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of this Agreement,
a{I personnel assigned by Contractor to perform work under the terms of this Agreement shall be, and
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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.
VII, INSURANCE
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 Agreement. 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 bylaw.
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.
3. Professional liability insurance with minimum limits of $1,000,000 each claim and
$2,000,000 general aggregate.
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 Agreement.
VIII. INDEMNIFICATION
A. 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 Agreement 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.
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Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed,
that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any
subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any
subcontractor of Contractor.
Contractor is providing architectural, engineering, surveying or other design services under
this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be
determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute
resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-
102(8)(c).
IX. ILLEGAL ALIENS
A. Certification. By entering into this Agreement, 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 Agreement and that Contractor will participate in either the E-Verify Program administered by the
United States 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 Agreement.
B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to
perform work under this Agreement, 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 Agreement.
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 Agreement 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 Agreement is being performed.
3. If Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien who is performing work under this
Agreement, 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 Agreement, 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
Agreement; 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 Agreement.
D. Duty to Comply with Investigations, Contractor shall comply with any reasonable request
by the Colorado Qepartment of Labor and Employment made in the course of an investigation conducted
pursuant to C.R.S. § Pt.5-102t5)ta) to ensure that Contractor is complying with the terms of this
Agreement.
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 Agreement via the Department Program, Contractor shall sign the "Department
Program Affidavit" attached hereto.
X, MISCELLANEOUS
A. Governing Law and Venue, This Agreement 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 Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this
Agreement.
C. Integration. This Agreement 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 Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient
when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth
on the first page of this Agreement.
F. Severability. If any provision of this Agreement 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 Agreement may only be modified upon written agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall
be assigned by either Party withouf 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 fo waive by any provision of this Agreement, the monetary limitations or any
other rights, immunities or 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 Agreement are in
addition to any other rights and remedies provided by law. The expiration of this Agreement shall in noway
limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for
work negligently or defectively performed.
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NO EMPLOYEE AFFIDAVIT
To be completed only if Contractor has no employees
1, Check and complete one,
❑ I• , am 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,
OR
❑ I , am the sole owneumember/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 military caul 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.
Contactor 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 fhe Department of Labor Lamful Presence Verification Program
I, L) , as a public contractor under contract with the Town of Firestone
the "Town" ), ereby 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
employees who perform work u etl Igreement.
Signatu
STATE OF COLORADO )
ss.
COUNTY OF �I�L�O )
the identification documents for my newly hired
Date
The foregoing instrument was subscribed, sworn to (or affirmed}
U ,
2020,
My commission expires: ��+ sryz
(SEAL)
NOTARY PUBLIC
STATE OFCOLORADO
NOTARY ID 101040093�1
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is
as
before me this $ day of
o cE p'L}+J',02 of
Contractor's Duties
Town:
EXHIBIT A
SCOPE OF SERVICES
During the term of this Agreement, Contractor shall perform the following duties, as directed by the
• Add material and laser grade three fields at the Firestone Sports Complex. Please see
attached proposal for additional information.
Contractor's Deliverables
In performance of the duties described above, Contractor shall deliver the following items to the
Town, during the timeframes established by the Town:
• none
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Proposal
Submitted By: Eric Pollock 303-961-0092
PROPOSAL_ SUBMITTED TO:
Town of Firestone
151 Grant Ave Firestone Co. 80520
Attention: Chuck Bradt
Parks and Trails Foreman
303-901-0277
DESCRIPTION OF JOB:
Add material and Laser Grade three fields at Firestone
Sports Complex. Laser grading to be done on three
skinned Infields only. Wet and roll material.
HEREBY SUBMIT specifications and estimates for:
1. Northwest Field: (23,988 SgFt) add 1" of material (125 tons) and Laser Grade
2. Northeast Field: (23,988 SgFt) add 1" of material (125 tons) and Laser Grade
3. Southeast Field: (24,500 SgFt) add 1" of material (130 tons) and Laser Grade
4. Shuttle material onto fields
5.
6.
HEREBY PROPOSE to furnish labor complete with the above specifications for the sum of:
Grade 72,476 SgFt (three infields) @ .12 sgft $8,697.12
Material (380 tons onto 3 fields) @ $4.00/ton $11520.00
250 tons of Classic Brown Infield: $24.00/ton $6,000.00
130 tons of Razum Red Infield: $58.50/ton $7,605.00
Freight: $4.90/ton $ 1,862900
72 miles @ $4.00/mi
TOTAL:
to be made as follows: Net 30 days with approved credit.
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r
1. Repairing existing irrigation system components damage because of the owner falling to locate
existing Irrigation system.
Z. Repairing damage done to existing field by hauling material on and off the field.
1. Locate and mark all sprinkler heads, valve boxes, quick couplers and any other utilities prior to G&S
starting work.
2. Allow sufficient entry (fence openings) for G&S access into and out of work area.
3. Arrange for a site reasonably close (within 1/4 mile) of the field to dispose of the remnant grass and dirt
material.
Signature:
G&S Solutions, LLC
Date: 1 /8/2020
NOTE: This proposal may be withdrawn by us if not accepted within thirty (30) days.
All materiel is guaranteed to be as speed. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above
specifications Involving extra costs will be executed only upon written orders, and will become and extra charge over and above the estimate. All agreements contingent upon
strikes, accidents or data s beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by workmen's compensation Insurance.
Acceptance of Proposal -The above prices, specifications and conditions are satisfactory and are hereby
accepted. You are authorized to do the work as specified. Payment will be made as outlined above.
Signature:
Date Accepted:
With approved credit, payment Is due 30 days of invoice data. All Invoices not paid wtthln 30 days are considered past due. All accounts more then 30 days past due vNl
pieced on C.O.D. unless other enangemente ere made with G&S Solutions' credit department. A service charge of 1 1J2°% per month will be added to ell amount invoiced If
paid within 30 days. If G&S Solutions, at irs sole discretion, deems it necessary or advisable to bring legator collection action to enforce payment, the Customer shall
r G&S all court costs and expenses arising out of or caused by the litigation or collection action, including accrued service charges and reasonable attorneys fees, and
Colorado shall have lurisdicllon and venue for any and all litigation.
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