HomeMy WebLinkAbout20-33 Agmt with Split Rail Fence Company, Inc. Hart Park Baseball Backstop 03-11-2020RESOLUTION 1N0.20-33
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, APPROVING AN AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND SPLIT RAIL FENCE COMPANY, INC., DBA SPLIT RAIL FENCE,
FOR THE REMOVAL AND REPLACEMENT OF THE HART PARK BASEBALL
FIELD BACKSTOP AND DUGOUT FENCE
WHEREAS, the Town of Firestone ("Town") Hart Park baseball field's backstop and
dugout fence are in need of replacement; and
WHEREAS, the Town solicited bids and selected Split Rail Fence as the most qualified
and responsive contractor.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
The Agreement between the Town of Firestone and Split Rail Fence Company, Inc., for
the removal and replacement of the Hart Park Baseball field backstop and dugout fence 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 1 ltl' day of March, 2020.
ATTEST:
Koenig, Town
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OF FIRESTONE, COLORADO
bbi Si$tdelar, Mayor
CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT (the "Construction Contract" or "Agreement") is made and
entered into this day of M A rG, , 2020 (the "Effective Date"), by and between the TOWN OF
FIRESTONE, a Colorado municipal corporation with an address of 151 Grant Avenue, P.O. Box 100,
Firestone, Colorado 80520 (the "Town" or the "Owner"), and SPLIT RAIL FENCE, an independent contractor
with a principal place of business at 8065 Brandon Drive Littleton, Colorado 80125 ("Contractor") (each a
"Party" and collectively the "Parties").
WHEREAS, the Town requires services; and
WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and
experience to perform the required services.
NOW THEREFORI=, for the consideration hereinafter set forth, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
SCOPE OF WORK
A. Contractor 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: Replacement of backstop at Hart Park
(P2020a9324) Project.
B. A change in the Scope of Work shall not be effective unless authorized as a written
amendment to #his 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 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. Wilhin 10 days of the Effective Contract Date, Contractor shall provide the performance bond
and labor � material paymen#bond and certificate of insurance required by the contract Documents.
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FIRESTOMt
Ill. CONTRACT TIMES• COMMENCEMENT AND COMPLETION OF WORK
A. The Work shall be substantially completed within i ays 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.
B. 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.
co 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.
IV. COMPENSATION
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 $21,150.00 (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
or the LUMP -SUM BID FORM. Contractor may submit periodic invoices, which shall be paid by the Town
within 30 days of receipt.
VI. 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, C.R.S. 8-17-101, et seq.
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we "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 paymen#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 #o the Town that a!I 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 famished 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 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.
VII. OWNERSHIP
Any materials, !#ems, 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.
VIII. INDEPENDENT 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.
IX. INSURANCE
A. Contrac#or agrees to procure and maintain, at its own cost, a policy or policies of insurance
sufficient to insure against ail liability, claims, demands, and other obligations assumed by Contractor
pursuant to this Construction Contract. At am inimum Contractor shall procure and maintain, and shall cause
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C 0 R 10 X A 0 U
any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers
acceptable to the Town.
1. Uorker'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 properly 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,
X. INt)EMNl1rlCATlON
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.
XI. ILLEGAL ALIENS
A. Certification. By entering into this Construction Contract, Contractor hereby certifies that, at
the Gme of this certificakion, it does not knowingly employ or contract with an illegal alien who wiN perform
work under this Construction Contract and that Contractor will participate in either the &Ved 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,
8. Prohibited Acts. Con#ractor 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 Contracts 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. § 8-17.5-102(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 fo 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.
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FIRts UNE
XIts CONTRACT WWOUMM VO
The Contract Documents, which comprlse 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
There are no Contract Documents other than those lis#ed above in this Section XII.
XIII. MISCEt_LANEOUS
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. Na 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 infended third -party beneficiaries to Phis Construction Contract.
E. Notice. Any notice under this Construction Contract shall be in writing, and shall be deemed
sufficlent 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. Qavarnhilihi . 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.
i-I. Assignment, Neither this Construction Contract nor any of the rights or obligations of the
Parfies 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 limitafions or any
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other rights, immunities, and protections provided by fie Colorado Govemmental Immunity Act, C.R.S. § 24-
10-101, of 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 AMme ppropriation. 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.
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IN WITNESS WHEREOF, the Parties have executed this Construction Contract as of the Effective
Date.
TOWN OF FIRESTRONE, COLORApO
am 2k�
_• SEA = 4rA Aga
0
: �o`rRabbi Sindelar, Mayor
�UIvTV GO /
ATTEST:
Koenig, Town Clerk
STATE OF COLORADO
) S5.
COUNTY OF
By:
The foregoing instrument was subscribed, sworn to and acknowledged before me this ,� day of
tilltC,.2020, by -Jaos VDA4:ef'hotfn as "s �� of
My commission expires:
Notary Public
Page S of 11
FIRESTONE
l 0 4 0 R A 0 0
i 0 1
To be completed only if Contractor has no employees
OMEMENEW
9. Gheck 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.
❑ I, am the sole owner/memberlshareholder 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 ident�cation card;
■ A United States military card or a military dependent's identalcation 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.
Page 9 of 11
FIRESTONE
C 0 1, 0 H A 11 0
To be completed only rf Contractorpaflfclpafes In the t)eparfinenf of Labor Lawful Presence Verrtication Program
as a public contractor under contractwith the Town of Firestone (the
"Town"), hereby affirm that.
1. I have examined or wlli 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 t3 U.S.G. § 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 }
COUNTY OF
My commission expires:
(SEAL}
ss.
Date
Notary Public
Page 10 of 11
FlBESTONE
c u .. If n o u
` �R
SCOFF" OF WORK
Confractor's puties
puring the term of this Construction Contract, Contractor shall perform the following duties, as
directed by the Town:
® Removal and replacement of backstop at Hart park baseball field
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FIRESTONE
cu�.a N
Proposal
H I B;0
SPLIT RAIL HOME BUILDERS
F E N C E
8065 Brandon Drive
LITTLETON, COLORADO 80125
(303) 791-1997 FAX (303) 791 =1 986
" The Respected Leader in the Industry for Over 30 Years"
Chuck Bradt/ Town of Firestone Parks Division
7500 Pine Cone Ave.
CITY, STATE and ZIP CODE
Firestone, CO 80504
"ACT
Ben Rabinoff
PHONE
PAGE 1
noNtrMrrrt �ssa lnncx�
i�:taLx l�.ra
20-0073
2/26/2020
JOB NAME
Hart Park Back Stop and Dugout Fence
JOB LOCATION
467 Jackson Ave, Firestone, CO 80520
JOB PHONE
brabinoff@splitrailfenceco.com � 720.281.2722
Dollars ($ 1 LS � $21,150.00 ).
Balance due upon completion.
The buyer
agrees
that if
the balance
is not paid when due, the principal amount shall bear the interest at the
rate of 2% per month, and the
Buyer shall
pay all
costs
of collection
including reasonable attorneys fees.
All material is guaranteed to be as specified. All work to be completed in a diAuthorized L
workmanlike manner accorng to standard practices. Any alterati
deviation from specifications below involving extra costs will be executed Signaturey►'f�
only upon written orders, and will become an extra charge over and above the
estimate. All agreements contingent upon strikes, accidents or delays beyond Note: this proposal may be withdrawn by 15
our control. Owner to carry fire, tornado and other necessary insurance. Our us if not accepted within days.
workers are fully covered by Workman's Compensation Insurance.
We propose to furnish and install approximately 82 LF of 8' Tall Dugout Fence
1 LSUMLCV. $4, 650.00
Includes: 82LF 8' Tall 2" 9GA Galvanized Chain Link mesh with 1-5/8" OD Top Rail. 1-7/8" OD
Line posts and 2-3/8" Terminal posts set 10'O.C. max with concrete footers. NO GATES.
propose to furnish and install 16' high supporting Back Stop .
1LSUM(a� $16, 500.00
Includes: Back stop to be 20'x20'x20' at 16' Tall with 5' overhang. 2x6x10 Wood base plate
anchored to bottom of back stop. All horizontal rails to be welded to vertical posts. 6 GA 2"
galvanized chain link mesh behind center of back stop(20') . 9 GA 2" mesh for remaining fence
sections.
OTE: Price does not include plating posts or core drilling. No Gates included. All material to be galvanized.
plit Rail fence will need clear access for equipment during install. Mow -band must be removed prior to install.
ite must be graded before install.
ubmintals will be provided at time of signing.
*Steel Pricing on this quote is based on today's price points. All
quotes from our steel suppliers are subject to price adjustments,
depending on the market conditions. SRF will offer proof of any
increase in price due to current market instability.
INCLUDES TAX L
Exclusions: Permits, night work, traffic control, survey, electrical grounding, prevailing wages, demolition, clearing and grubbing, grading must
be completed prior to crew arriving to set fence post, dirt removal, core drilling, asphalt cutting, fall protection, excludes staining/painting
unless otherwise noted. An additional charge will be added to invoice if rocky ground or difficult drilling conditions are encountered. If
underground utilities are within 18" of the fence line hand digging may be required. Therefore hand dug holes are subject to a minimum
charge of $39.00 per hole. Not responsible for damage or repair to underground lines including sprinkler systems. Private locates by
others (excluded). Proposal excludes any & all enqineerinq if needed, testing shop welds. NOTE: If bond is required Dlease add 3.5%
If you decide you
do not want the goods or services,
you may cancel this agreement by mailing a notice
to Split Rail indicating you do not the
goods or services
before midnight on the 3rd business day after you sign this agreement. Cancellation
after the 3 days will result in 15 % of
the contract price
be retained for costs incurred and
any return shipping charges
Acceptance of Proposal.
The above prices, specifications and conditions are
satisfactory and are herby accepted. You are Signature:
authorized to do the work as specified. Payment will
be made as outlined above.
Date: