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HomeMy WebLinkAboutITB-15-18 Outdoor Court Repairs AgreementCITY OF WHEAT RIDGE ITB-15-18 OUTDOOR SPORT-COURTS REPAIRS AGREEMENT THIS AGREEMENT, made this 29th day of June 2015 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner'' and Coatings, Inc., doing business as a corporation , whose business address is 5903 Lamar St , Arvada, CO 80003, 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 services necessary to complete the construction of the Project titled, ITB-15-18, OUTDOOR SPORT-COURTS REPAIRS 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 Thirty-Eight Thousand Five-Hundred Dollars ($ 38,500). Wheat Ridge Locations Court Price Panorama Park -3400 Fenton St. {4) Tennis court $6,488.00 Panorama Park -3400 Fenton St. (1} Basketball court $ 985.00 Paramount Park-10010 W. 29th ( 1} Basketball court $ 1,650.00 Prospect Park -11300 W. 441h Ave. (1) Tennis court $ 1,525.00 Fruitdale Park-4700 Miller St. ( 1) Basketball court $13,576.00 Anderson Park -4355 Field St. (1) Basketball court $13,576.00 Apei-Bacher Park -4455 Vance St. (3} Pickleballlines $ 700.00 3. The Contractor agrees to commence the Work required by the Contract Documents within Fourteen {14) calendar days after the date of the Notice to Proceed and to complete the same within TWENTY 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 4. The term "CONTRACT BID DOCUMENTS" means and includes the following: 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 a s Bid Bond Agreement Payment Bond Performance Bond Notice to Proceed Final Receipt Project Special Provisions General Provisions Addenda Drawings/Exhibits 5. 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. 6. 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 authorized 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 in the adopted budget or adopting resolution, Including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid amount. Any contract or btd 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 contained herein shall preclude the City Council from adopting supplemental appropriation in a manner consistent with the provisions of Sect1on 10.12 of the Home Rule Charter of the City of Wheat R1dge. Further, nothing contained in this Sect1on 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 C1ty 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 bid 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 th1s 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. 7. NOTICES Any notice or communication given pursuant to th1s Agreement to the City shall be made in writing: Cit Contact : Parks, Forest Name: Mark Ruote e.co.us 8. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, 1ncluding 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 origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 9. In accordance w1th CRS Title 24, Article 91 , Section 1 03.6, 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 Origmal Contract Amount. 10. Illegal Aliens-Pubhc Contracts for Services. CRS 8-17.5-101 and Public Law 208, 1041h Congress, as amended and expanded in Public Law 156, 108lh 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 allen. 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 Soc1al Security Administration and Department of Homeland Security, or (ii) otherwise will comply w1th the requirements of CRS 8-17.5-101 (2)(b)(l). The Contractor shall comply with all reasonable requests made in the course of an investigation by the CO Department of Labor and Employment. If the Contractor fails to comply w1th any requirement of this 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. 11 . This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the partres 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: DATE (Seal) ATTEST TO CONTRACTOR: TITLE 7b;/;s DATE I I OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 CONTRACTOR COMPANY NAME 5"'t:!te>J ADDRESS A~G~- PRINT NAME TITLE DATE'