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Home My WebLink AboutITB-15-14 Slurry Seal Project AgreementCITY OF WHEAT RIDGE ITB-15-14 2015 SLURRY SEAL PROJECT S-PM-03-15 AGREEMENT THIS AGREEMENT, made this 20th day of July 2015 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and A-1 Chipseal Company, doing business as an S Corporation, whose business address is 2001 W. 64th Lane, Denver, CO 80221 , hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other serv1ces necessary to complete the construction of the Project titled, ITB-15-14, 2015 SLURRY SEAL PROJECT, 2. S-PM-03-15 in accordance with the Contract Bid Documents. 2. The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of Two-Hundred Ninety-one Thousand, Three-Hundred Ninetv-five Dollars and Sixty Cents ($ 291 ,395.60) for work in 2015. 1 The Contractor agrees to commence the Work required by the Contract Documents for the 2015 Slurry Seal Project within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within TWENTY (20) WORKING DAYS after the date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 2. The City shall have the option to extend the term of this agreement by two additional one-year periods, when such continuation is in the best interest of the City. Written Notice of Intent to Renew and written acceptance, rejection or negotiation of price adjustments shall be completed prior to the end of each year or the contract shall terminate on January 1 of the subsequent year. Payment and performance bonds may be required for the extended term periods. 5 The term "CONTRACT BID DOCUMENTS" means and includes the followmg: A B c D E F G H I J Signature Page Advertisement for Bids Information for Bidders Contractor Qualification Bid Form Bid Schedule List of Subcontractors Non-Discrimination Assurance Illegal Alien Certification Non-Collusion Affidavit K L M N 0 p Q R Q s T Bid Bond Agreement Payment Bond Performance Bond Notice to Proceed Final Receipt Project Special Provisions General Prov1s1ons Addenda Drawings/Exhibits Keep Jobs In Colorado Certificatton 6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 7. Section 2-3 of the City's Code of Laws is presented below: (a) FISCAL YEAR. Fiscal year for the City shall commence on January 1 and end on December 31 . (b) BUDGET CONTAINS APPROPRIATIONS. The City Council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge. Upon the annual adoption by City Council of each year's budget, levels of authonzed expenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein During the course of each fiscal year, approval by the City Council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services. shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. (c) NO CONTRACT TO EXCEED APPROPRIATION. During each and any fiscal year, no contract entered into by or on behalf of the City shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by on behalf of the City which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution is made either 1n the adopted budget or adopting resolution, mcluding any legally authorized amendments thereto, 1n excess of the amount appropriated in the budget or the approved contract or bid amount. Any contract or bid award, either verbal or written, made in violation of the provisions of this Section shall be void as to the City and no City monies from any source whatsoever shall be paid thereon. (d) AMENDMENTS AND AUTHORIZED EXPENDITURES. Nothing contamed herein shall preclude the City Council from adopting supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the City of Wheat Ridge. Further, nothing contained in this Section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one year if such contracts are otherwise allowed by the Home Rule Charter of the City; provided, however. any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. The City Manager is authorized to review and approve change orders and modifications up to ten (10%) percent of the original contract amount. (e) NOTICE TO PARTIES CONTRACTING WITH THE CITY. All persons contracting with, or selling goods or services to, the City are hereby placed on notice of the provisions of this Section. The provisions of this Section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works b1d docu- ments and contracts; and shall be incorporated into, or specifically noted within, all other contracts entered into by or on behalf of the City wherein City funds are used to pay for said contract. (f) The City may, by contract, require the contractor awarded a public works contract to waive. release or extinguish it rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract, if such delay is caused, In whole or part, by acts or omissions of the City or its agents. if the contract provides that an extension of time for completion of the work is the Contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of State Law to the contrary not-withstanding. (g) The City Council, by this ordinance, declares its local contracting powers to be a matter of purely local concern. and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 103.5, C.R.S., insofar as they conflict with the provisions of this Section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. NOTICES Any notice or communication given pursuant to this Agreement to the City shall be made in writing: City Contact: Contractor Contact: Name: Russ Higgins City of Wheat Ridge Name: John Johnson Address: Public Works -Engineering Division Address: A-1 Chipseal Co. 7500 W. 29'" Ave. 2001 W. 64'" Lane Wheat Ridge, CO 80033 Denver, CO 80221 E-mail: rh iggins@ci. wheatridge.co. us Email: jjohnson@a-1 chipseal.com Phone: 303-235-2869 Office: 303-464-9261 Cell: 720-273-0067 Direct: 720-540-8277 9 The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national ongin be excluded from participation in the opportunity to bid, or be discriminated against m consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount 11 Illegal Aliens-Public Contracts for Services. CRS 8-17.5-101 and Public Law 208, 1041h Congress, as amended and expanded in Public Law 156, 1 oath Congress, as amended: The Contactor certifies that he/she shall comply with the provisions of CRS 8-17.5-101et seq. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that knowingly employs or contracts with an Illegal alien. The Contractor represents, warrants, and agrees that it (i) has verified that it does not employ any illegal aliens, through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise will comply with the requirements of CRS 8-17.5-101 (2)(b)(l}. The Contractor shall comply w1th all reasonable requests made in the course of an investigation by the CO Department of Labor and Employment. If the Contractor fails to comply with any requirement of th1s provision or CRS 8-17.5-101 et seq , the City may terminate this contract for breach and the Contractor shall be liable for actual and consequential damages to the City. 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in Two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: JANE DATE (Seal) NAME &rporak c ~re±ax"~( TITLE DATE OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 CONTRACTOR TITLE DATE KNOW ALL MEN BY THESE PRESENTS: that A-1 Chipseal Co. (Name of Contractor) 2001 W. 641h Lane. Denver. CO 80221 (Address of Contractor) PERFORMANCE BONO a('") Corporation , hereinafter called "PRINCIPAL", and Western Surety Company (Name of Surety) 333 S. Wabash Avenue Chicago, IL 60604 (Address of Surety) Bond No. 58727868 hereinafter called "Surety", are held and firmly bound unto the Ctty of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "OWner", in the penal sum of Two-Hundred Ninety-one Thousand, Three-Hundred Nlnetv-five Dollars and Sixty Cents ($ 291,395.60) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and ass1gns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the 20th day of July 2015, a copy of which Is hereto attached and made a part hereof for the Project titled, ITB-15-14, 2015 SLURRY SEAL PROJECT, S·PM-03-16 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its dulles, all the undertakings, covenants. terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may Incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said SURETY for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the Work to be performed or the Specifications accompanying the same shall In any wise affect its obligation on this Bond, and It does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 'Insert "a corporation", "a partnership", or "an mdivldual" as applicable IN WITNESS WHEREOF, this instrument is executed in ONE part, each of which shall be deemed an original, this the 30th day of _____ J_u...:..ly ______ ,, 2015 2001 West 64th Lane ADDRESS )UXI(SX: Witness 8055 E Tufts Avenue, Suite 1 000 ADDRESS Denver, CO 80237 (SEAL) PRINCIPAL BY 2001 West 64th Lane ADDRESS Denver CO 80221 SURETY Western Surety Company SURETY 333 S. Wabash Avenue ADDRESS Chicago, IL 60604 Note: Date of Bond must not be prior to date of Contract. If Contractor IS partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to tran sact business In the State of Colorado. KNOW ALL MEN BY THESE PRESENTS· that A-1 Chlpseal Co. (Name of Contractor) 2001 W. 641h Lane, Denver. CO 80221 (Address of Contractor) PAYMENT BONO A • Corporation hereinafter called "PRINCIPAL", and Western Surety Company (Name of Surety) 333 S. Wabash Avenue Chicago, IL 60604 (Address of Surety) Bond No. 58727868 hereinafter called "Surety'', are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of Two-Hundred Ninety-one Thousand, Three-Hundred Ninety-five Dollars and Sixty Cents {$ 291,395.60) In lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents THE CONDITION OF THIS OBLIGATION is such that whereas. the Principal entered into a certain contract with the Owner, dated the 20th day of July 2015, a copy of which Is hereto attached and made a part hereof for the Project titled, ITB-15-14, 2015 SLURRY SEAL PROJECT, S-PM-03-15. NOW, THEREFORE. if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, 011, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used In connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain In full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extens1on of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect Its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. •Insert "a corporation'', "a partnership", or "an individual" as applicable. IN WITNESS WHEREOF. this instrument is executed In ONE part, each of which shall be deemed an original, this the 30th day of _______ J_u..._l ---------· 2015 PRINCIPAL 2001 West 64th Lane ADDRESS Denver, CO 80221 2001 West 64th Lane ADDRESS Denver. CO 80221 SURETY Western Surety Company SURETY I 8055 E Tufts Avenue, Suite 1000 ADDRESS Denver. CO 80237 333 S Wabash Avenue ADDRESS (SEAL) Chtcago, IL 60604 Note: Date of Bond must not be prior to date of Contract If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. Western Surety Company POWER OF ATIORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know AJJ Men By Tbese Pre$ents, lllat WESTERN SURETY COMPANY. a South Dakota corporation, is a duly organized and existmg corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by vtrtue of the stgnarure and seal herein affixed hereby make, constitute and appoint Evan E Moody, Karen A Feggestad, Tina Marie Post, Justin Tomlin, Bradley J Moody, Kaylee Dawson, Individually of Denver, CO, its true and lawful Attomey(s)-in-Fact with fuU power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized offtcer of tho corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confumed. This Power of Anomey is made and executed pun;uant to and by authority of the By-law pnnted on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Wltneu Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto nffued on this 29th day of June,20 I 5. State of South Dakota County of Minnehaha } ss WES T ERN SU R ETY COMPANY On this 29th day of June, 20 I 5, before me personally came Paul T Bruflat. to me known, who, being by me duly sworn, did depose and say: that be resides in the City of Sioux Falls, State of South Dakota; that he is the Vice Prest dent of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the seat affixed to the said instrument is such corporate seal; that it was so affixed pW"Suant to authority given by the Board of Directors of said corporation and that he signed his name then:to pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission opires February 12.2021 ·--~ ...................................................... , i S. fiCH J ,~MOTAR'f PUIUC~f :~SOUTH DAICOTA~ ........... ~...._. ............... _... .... ........_ ........ CERTIFICATE S. Eich, Notary Public I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set fonh is sri II in In testimo~hereof I have hereunto subscribed -~~4-----'' 15. WESTERN SU RETY COMPANY Fonn F4280-7-2012 ACORD• CERTIFICATE OF LIABILITY INSURANCE I DATE (IIIMIDOIYYYY) ~ 7/30/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the cartlflcate holder In lieu of such endorsement(s). PRODUCER I ~~~AI;T Cathy Baker Moody Insurance Agency, Inc. r~~nFwtl· (303)824-6600 1 r:J.. N.->1· 1303J37o-ons 8055 East Tufts Avenue ~ss.cathy.baker@moody1ns.com Su1te 1000 I~Sl AFFORDING COVERAGE NAIC I Denver co 80237 INSURERA :Phoenix Insurance Company 125623 INSURED INSURER a .Travelers Prop Cas Co of Amrca 1:25674 A -1 Ch1pseal Company INSUftER C ,Pl.nnacol Assurance ~1190 Rocky Mounta1n Pavement, LLC INSURERD: 2001 West 64th Ln INSURERE : Denver co 80221 _INSURER F: COVERAGES CERTIFICATE NUMBER·l4-l5 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REOU CEO BY PAID CLAIMS ·~t: TYPE OF INSURANCE [liisR lwvn POUCY NUMBER -~l.!'i' EFF _fY.\J.IiBN. UMITS GENERAL UABIUTY EIOt OCCURRENCE $ 1,000,000 -~UYF~~""' 300,000 ~ CO'-ii,IERCIAl GENERAL UABIUTY s A p CLAIMs-MADE 00 OCCUR bTC00190R673PHX14 0/1/20H 0/1/2015 MEO EXP (MY one porson) $ 1 0,000 -PERSONAL & NN INJURY -s 1,000,000 ~itional Inaurod tndt GENERAL AGGREGATE s 2,000,000 -OEN'l. AGGRnE LIMIT APPLIES PER ~hen re~red by contract PRODUCTS • COMPIOP AGG $ 2,000,000 Xl POliCY ~ n LOC ~G0246 08/05 a ttachod $ AUTOMOBILE LIABILITY ffi ~fiN\:ll.l: UMII J. 1 000 000 8 x AHYAUTO BOOil Y INJURY (P8r person) s -ALl OWNED r--SCHEDULED OT8100190P673TIL14 0/1/2014 0/1/2015 AUTOS AUTOS B001l Y INJURY (Per KQ\Ienl) s -r--NON-OWNI;.O ~~~~ HIRED AUTOS AUTOS s -I-- t.ACS 90 Fl ona & R>1m F s X UMBREUAUAB MOCC\Jft EACH OCCURRENCE s 10,000,000 - 8 EXCESSUAB ClAIMS-MADE AGGREGATE $ 10,000,000 PEP I X LBEIEIIITIONS 10,00( OTSMCOP0190P673TIL14 0/1/2014 0/1/2015 s c WORKERS COMPENSATION X I ,~~~~J.'tc;l IOJr AHO EMPLOYERS' UABlLITY YIN AI'N PROPRIETOAIPARTNERIEXECUTIVE D NIA E L EACH ACCIOEIIIT $ 500 000 OFFlCEAIMEMBER EXClUDED? 4055760 0/1/2014 0/1/2015 (Mind.tloly In NH) E L DISEASE • EA EMPLOYE£ S 500 000 ~rc~:W~ WOPERAriONS below E L DISEASE • POliCY LIMIT S 500,000 DESCRIPTlOH OF OPERATIONS I LOCATIONS I VEHICLES (Attxh ACORO 101, AddltloMI R.....,q Schel*lle, If,.,.. •pxe '-.-.qultwd) CERTIFICATE HOLDER C1ty of Wheat R idge 7500 w. 29th Ave Wheat R1dge, ACORD 25 (2010/05) IN!=:021'i 17111IY\'IInt co 80033 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WilL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTWORIZED REPRE!M:HTATlVE Cathy Baker/DONBRI ~ lt. ~ '('" r!!1C ~ c @ 1988·201 0 ACORD CORPORATION. All rights reserved. Tho .arn~n ""'""' ,,_. II'V'>n """ rcnic:taro_. m"rltc nf .arn~n