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Home My WebLink AboutITB 16-32 Murphy��% City'c)�JA ITB -16-32 CLEAR CREEK TRAIL MAINTENANCE - REPLACEMENT AGREEMENT THIS AGREEMENT, made this 81h day of November 2016 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner' and Murphy Construction Company, LLC, doing business as an individual. whose business address is 6335 Downing St., Denver, CO 80216, hereinafter called "Contractor WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows:. The Contractor agrees to furnish all materials, supplies, tools, equipment, labor and other services necessary to complete the construction of the Project titled, IT13-16-32, CLEAR CREEK TRAIL MAINTENANCE REPLACEMENT in accordance with the Contract Bid Documents for replacement of a segment of the asphalt trail, starting at the Moore Street Bridge continuing west to approximately Parfet Street. 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 One Hundred Seven Thousand and Fifty DOLLARS, ($107,050), as bid and attached Additional work, if allowed, shall be authorized by change order and/or an Amendment to this Agreement. 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 40 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. Bidder Information Form K. Bid Bond B. Advertisement of 'Bid L. Sample Agreement C. Information for Bidders M. Payment Bond D. Contractor Qualification Form W Performance Bond E. Bid Form O. Notice to Proceed F_ Bid Schedule P. Final Receipt G. List of Subcontractors Q. Project Special Provisions H. Non -Discrimination Assurance Form R. General Provisions I. Illegal Alien Certification S. Addenda J. Non -Collusion Affidavit T. Construction Specifications if any U. Keep Jobs in Colorado Act 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 'I and end on December 31. ITB -16-32 Agreement —Clear Creek Trail Maintenance (Replacement) (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, andlor 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 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 contained 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 bid documents and contracts, and shall be incorporated into, or specifically noted within, all other contracts entered into by or on behalf of the City where -in 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, it 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 - (9) 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. ITB -1 6-32 Agreement — Clear Creek Trail Maintenance (Replacement) NOTICES Any notice or communication given pursuant to this Agreement to the City shall be made in writing: City Contact: Contractor Contact: Name: (Mark Ruote — Project Manager Name: at,p Mailing Address: City of Wheat Ride Address: 3 D 1 ATTN-. Parks, Forestry. Open Space Division E o%t C D 7500 W. 290, Ave., Wheat Ridge, CO 80033 BOLI E-mail: MRoute@ci.wheaIrtdge.co.us Phone. 303-205-7553 Email: 8. 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 Fart 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 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. 10. Illegal Aliens — Public Contracts for Services. CRS 8-17.5-101 and Public Law 208, 104", Congress, as amended and expanded in Public Law 156, 108" Congress, as amended: The Contactor certifies that helshe shall comply with the provisions of CRS 8-17.5-10let 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)(1). 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 with 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 [table 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. 1T13-16-32 Agreement — Clear Creek Trail Maintenance (Replacement) IN WITNESS WHEREOF, the l)arties 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: 6W)1cjffg 21j&';Lyj-) JANE SHAVER, CITY CLERK Ih Q- M Y"- -Z DATE 1 RE4 T A, G SEAL m (Seal) I OR ATTORNEY NAME TITLE DATE OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 303-234-5900 JOYCE .JAY, MAYO CONTRACTOR MURPHY CONSTRUCTION COMPANY, LLC 6335 DOWNING ST. DENVER, CO 80216 AU HORIZED SIGNATURE r es 4- CSC PRINT NAME Ae� /�P'�.�.��T TITLE //— 2 �— - /� DATE FFB 16-32 Agreement — Clear Creek Trail Maintenance (Replacement) CITY OF WHEAT RIDGE AMENDMENT TO ITB -16-32 CLEAR CREEK TRAIL MAINTENANCE REPLACEMENT CONSTRUCTION - EXTENSION AGREEMENT AMENDMENT#1, December 5,2016: Pursuant to the original contract with MURPHY CONSTRUCTION COMPANY, LLC, 6335 Downing St., Denver, CO 80216, regarding maintenancelreplacement of a portion of the Clear Creek Trail, the City hereby authorizes this amendment to the contract as follows: 1. Article 1- Services: a. Add to the scope, by increasing the total lineal feet of the ,project by 435 linear feet, extending west of Parfet St. entrance to east end of the far west !box culvert. b. Add additional 180 feet of straw waddle installed, and include additional grubbing and earthwork. c. New concrete will be pinned into existing box culverts, 2. Article 2- Term a. This amendment Is specific to the current project - Clear Creek Trail Maintenance e ITB -16-32 b. Additional 10 working days will apply, for a total of 50 working days. 3. Article 3 Compensation: a. The City agrees to increase compensation for the following services, and shall pay the Contractor for work complete at the following rates, as proposed by Murphy Construction Company, LLC. b. Sediment Control Log 180 LF @ $1.25 $225..00 c. Clearing and Grubbing 1 Lump Sum $500.00 d. Removal & Disposal of existing asphalt 483 SY @ $18.90 $9128.20 e. Earthwork f Fine Grade 290 SY @ $5.00 $1450.00 f. Concrete Trail 6 inch deep 483 SY @ $44.10 $21,300.00 CHANGE ORDER TOTAL $32,604.00 Previous Amount for 1350 LF trail replacement $107,050.00 NEW Contract Amount $139,654.00 In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Amendment in two (2) copies, each of which shall be deemed an original on the date first written. "CITY" City of Wheat Ridge 7500 West 2V Avenue Wheat Ridge, CO 80033 By:-, D4,v \,- el 46 ay,.Mayor / Date "CONTRACTOR" Murphy Construction Company, LLC 6335 Dawning St. Denver, CO 80216 Y. orized Signature 12- Date Title / j�/ / %} l (�C\ A . 1/,, )6D J PIrint or Type Name ITB -16-32 Amendment #1